S. 3427Senate118th Congress (2023-2025)Enacted

Overtime Pay for Protective Services Act of 2023

Introduced December 6, 2023

AI-Generated Summary

Updated January 20, 2026 at 1:26 PM UTC

The Overtime Pay for Protective Services Act of 2023 extends the overtime‑pay exception for United States Secret Service personnel through 2028 and clarifies that routine administrative or technical work is not considered “protective services.” It also requires the Secret Service director to report on overtime usage, staffing needs, and plans to reduce overtime to several congressional committees. The bill applies to Secret Service employees performing protective duties and to the committees overseeing the agency’s budget and operations.

Key Provisions

  • Amends the 2016 Overtime Pay for Protective Services Act to extend the overtime‑pay exception to calendar years 2016‑2028 and defines “protective services” to exclude routine admin or technical tasks.
  • Sets a retroactive effective date of December 31, 2023 if the bill is enacted after that date.
  • Mandates that the Secret Service director submit a detailed report within 180 days on steps to reduce overtime, including staffing analysis and recommended strategies.
  • Requires annual reports (and quarterly updates) on staffing and overtime projections for 2024‑2028, with specific filing deadlines for each calendar year.
  • Orders additional reports each year from 2025‑2029 on the actual effects of the amendment, comparing projected versus actual data.

Legislative Activity

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17 earlier actions
Became Law Latest Action

Became Public Law No: 118-38.

February 6, 2024

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SenateIntro Referral

Introduced in Senate

December 6, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

December 6, 2023

SenateCommittee

Senate Committee on the Judiciary discharged by Unanimous Consent.

December 18, 2023

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S6025; text: CR S6025)

December 18, 2023

SenateFloor

Message on Senate action sent to the House.

December 20, 2023

HouseFloor

Received in the House.

December 22, 2023 • 9:13 AM

HouseFloor

Held at the desk.

December 22, 2023 • 9:17 AM

HouseFloor

Mr. Donalds moved to suspend the rules and pass the bill.

January 29, 2024 • 4:07 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H258-260)

January 29, 2024 • 4:08 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 3427.

January 29, 2024 • 4:08 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

January 29, 2024 • 4:13 PM

HouseFloor

Considered as unfinished business. (consideration: CR H266-267)

January 29, 2024 • 6:59 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 379 - 20 (Roll no. 21). (text: CR H258-259)

January 29, 2024 • 7:07 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 379 - 20 (Roll no. 21). (text: CR H258-259)

January 29, 2024 • 7:07 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

January 29, 2024 • 7:07 PM

President

Presented to President.

January 31, 2024

Became Law

Signed by President.

February 6, 2024

Became Law

Became Public Law No: 118-38.

February 6, 2024

Floor Debate

13 members

What members said about S. 3427 on the floor

6 Republicans7 Democrats
Byron Donalds
Rep. Byron DonaldsR-FL-19 · Jan 29, 2024

Madam Speaker, I move to suspend the rules and pass the bill (S. 3427) to extend the authority to provide employees of the United States Secret Service with overtime pay beyond other statutory…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · May 21, 2024

Mr. President, I submit to the Senate a budget scorekeeping report. The report, which covers fiscal year 2024, was prepared and submitted as a letter by the Congressional Budget Office pursuant to…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Jan 29, 2024

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise to support S. 3427, the Overtime Pay for Protective Services Act. The legislation would see to it that Secret Service…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 18, 2023

Madam President, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of S. 3427 and the Senate proceed to its immediate consideration. I ask unanimous…

Mike Thompson
Rep. Mike ThompsonD-CA-4 · Jan 30, 2024

Mr. Speaker, on January 29, 2024, I did not vote on Roll Call votes 20 and 21 as my flight was significantly delayed. Had I been present I would have voted: AYE on Roll Call No. 20, H.R. 5528, the…

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Adam B. Schiff
Sen. Adam B. SchiffD-CA · Jan 29, 2024

Mr. Speaker, due to flight disruptions, I was unfortunately unable to cast my vote for legislation considered on the House floor today. Had I been able to be present, I would have voted ``yea'' on…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Jan 30, 2024

Mr. Speaker, on January 29, 2024, I missed two roll call votes. Had I been present, I would have voted: Yes on Roll Call No. 20, On motion to suspend the rules and pass H.R. 5528; and Yes on Roll…

Blake D. Moore
Rep. Blake D. MooreR-UT-1 · Jan 29, 2024

Mr. Speaker, due to plane mechanical issues delaying my flight, I was unable to vote today. Had I been present, I would have voted: ``yea'' on rollcall No. 20 and ``yea'' on rollcall No. 21. personal…

Ritchie Torres
Rep. Ritchie TorresD-NY-15 · Jan 29, 2024

Mr. Speaker, today I was not present in the House Chamber. Had I been present, I would have voted ``yea'' on rollcall No. 20 and ``yea'' on rollcall No. 21. personal explanation

Sam Graves
Rep. Sam GravesR-MO-6 · Jan 29, 2024

Mr. Speaker, today I missed a series of Roll Call votes. Had I been present, I would have voted ``yea'' on rollcall No. 20 and ``yea'' on rollcall No. 21. personal explanation

Patrick T. McHenry
Rep. Patrick T. McHenryR-NC-10 · Jan 30, 2024

Mr. Speaker, due to an unforeseen circumstance, I was unable to cast my vote for S. 3427. Had I been present, I would have voted YEA on Roll Call No. 21.

Cathy McMorris Rodgers
Rep. Cathy McMorris RodgersR-WA-5 · Jan 29, 2024

Mr. Speaker, I missed votes this evening. Had I been present, I would have voted ``yea'' on rollcall No. 20 and ``yea'' on rollcall No. 21.

Earl L. "Buddy" Carter
Rep. Earl L. "Buddy" CarterR-GA-1 · Jan 29, 2024

Mr. Speaker, had I been present, I would have voted ``yea'' on rollcall No. 21. personal explanation

Bill Text

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One Hundred Eighteenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty four

S. 3427

AN ACT

To extend the authority to provide employees of the United States Secret Service with overtime pay beyond other statutory limitations, and for other purposes.

1.

Short title

This Act may be cited as the Overtime Pay for Protective Services Act of 2023.

2.

Extension of overtime pay exception through 2028 for protective services

(a)

Amendments

Section 2 of the Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547 note) is amended—

(1)

in the section heading, by striking 2023 and inserting 2028;

(2)

in subsection (a)—

(A)

in the subsection heading, by striking Definition and inserting Definitions;

(B)

by striking In this section, the term and inserting the following:

In this section—

(1)

the term

; and

(C)

by striking 2023. and inserting the following:

2028; and

(2)

the term protective services does not include routine administrative or technical work that supports the daily operations of the United States Secret Service.

; and

(3)

in subsection (b)(1), by striking during each of calendar years 2016 through 2023 and inserting for protective services during each of calendar years 2016 through 2028.

(b)

Retroactive effective date

If this Act is enacted after December 31, 2023, the amendments made by subsection (a) shall take effect as if enacted on December 31, 2023.

(c)

Reports

(1)

Definitions

In this subsection:

(A)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(i)

the Committee on Appropriations of the Senate;

(ii)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(iii)

the Committee on the Judiciary of the Senate;

(iv)

the Committee on Appropriations of the House of Representatives;

(v)

the Committee on Homeland Security of the House of Representatives;

(vi)

the Committee on Oversight and Accountability of the House of Representatives; and

(vii)

the Committee on the Judiciary of the House of Representatives.

(B)

Director

The term Director means the Director of the United States Secret Service.

(2)

Report on plans to reduce overtime usage

(A)

In general

Not later than 180 days after the date of enactment of this Act, the Director shall submit to the appropriate committees of Congress a report describing the steps that the United States Secret Service is taking to address the increased protective service demands placed upon United States Secret Service personnel.

(B)

Elements

The report required under subparagraph (A) shall include the following:

(i)

An analysis of the current (as of the date on which the report is submitted) operational demands and staffing levels with respect to the United States Secret Service.

(ii)

Recommended strategies for reducing overtime requirements for United States Secret Service personnel, including—

(I)

the appointment of additional personnel;

(II)

solutions such that sufficient resources are available throughout each year without the need for exceptions to, or waivers of, premium pay limitations;

(III)

the redistribution of workload among United States Secret Service personnel; and

(IV)

other improvements in operational efficiency with respect to the United States Secret Service.

(3)

Annual projections

(A)

In general

(i)

Requirement

In accordance with the schedule described in clause (ii), the Director shall submit to the appropriate committees of Congress a report that contains projections for the information described in paragraphs (1) through (7) of section 2(c) of the Secret Service Recruitment and Retention Act of 2018 (Public Law 115–160; 132 Stat. 1246), which shall be divided by calendar quarter.

(ii)

Schedule described

The schedule described in this clause is as follows:

(I)

Not later than 30 days after the date of enactment of this Act, a report with respect to calendar year 2024.

(II)

Not later than December 31 of each of calendar years 2024 through 2027, a report with respect to the calendar year following the calendar year in which the report is submitted.

(B)

Quarterly updates

With respect to each annual report required under subparagraph (A), the Director shall, on the last day of each calendar quarter of the calendar year that is covered by the report, submit to the appropriate committees of Congress an updated version of that report that contains projections for the information described in that subparagraph for the remainder of that calendar year, which shall be divided by calendar quarter.

(C)

Deeming of period

Solely for the purposes of a report required under this paragraph, a reference in any of paragraphs (1) through (7) of section 2(c) of the Secret Service Recruitment and Retention Act of 2018 (Public Law 115–160; 132 Stat. 1246) to a numerical value for a previous calendar year shall be deemed to be a projection of that numerical value for an upcoming calendar year or for the remainder of a calendar year, as applicable.

(4)

Effect of amendments

Not later than January 30 of each of calendar years 2025 through 2029, the Director shall submit to the appropriate committees of Congress a report on the effects of the amendments made by subsection (a), which shall include, with respect to the calendar year preceding the calendar year in which the report is submitted, the following:

(A)

The information described in paragraphs (1) through (7) of section 2(c) of the Secret Service Recruitment and Retention Act of 2018 (Public Law 115–160; 132 Stat. 1246).

(B)

A comparison between the final data reported under subparagraph (A) and the annual projections reported for that calendar year under paragraph (3)(A), including an explanation for any substantial variance between that final data and those annual projections.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate