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118th Congress Government Operations and Politics

S. 3427: Overtime Pay for Protective Services Act of 2023

Became LawPublic Law 118-38, signed Feb 6, 2024

  1. Introduced (completed)Dec 6, 2023
  2. Passed Senate (completed)Dec 18, 2023
  3. Passed House (completed)Jan 29, 2024, 379–20
  4. To the President (completed)Jan 31, 2024
  5. Became law (completed)Feb 6, 2024

Summary

Public Law, Feb 6, 2024

This act generally extends through 2028 the authority to provide premium pay to protective services employees of the U.S. Secret Service even if it causes the employee's annual pay to exceed the statutory cap. The act also requires the Secret Service to provide related information to Congress.

Under the act, a protective services employee may receive premium pay even if the premium pay causes the employee's total annual pay to exceed the statutory cap that applies to these employees. (Generally, protective services employees' pay may not exceed the rate of basic pay payable for General Schedule 15 or the maximum rate payable for level V of the Executive Schedule.) Secret Service employees who perform routine administrative or technical work are not eligible for this premium pay.

The act provides that, if the act is enacted after December 31, 2023, the extension applies as if it were enacted on December 31, 2023.

Read the full summary

Next, within 180 days of the act's enactment, the Secret Service must report to Congress on how it is addressing the demand for Secret Service protection personnel and recommend strategies for reducing the use of overtime. The act provides that such strategies must include the appointment of additional personnel, redistributing the workload amongst Secret Service personnel, solutions such that premium pay exceptions or waivers are not needed, and other improvements in operational efficiency.

The act also requires the Secret Service to report to Congress its projections for the following: (1) the number of employees receiving premium pay above the statutory cap; (2) the number of employees who were not fully compensated due to the statutory cap and the total amount that employees would have been paid without the cap; (3) the total, median, mean, and greatest amounts of premium pay above the cap; and (4) a list of personnel who received premium pay above the cap and separated from the agency.

This information must be provided no later than 30 days after the act's enactment for calendar year 2024. Thereafter, the report must be provided by December 31 for each calendar year through 2027 and updated quarterly. Further, the Secret Service must report to Congress on the effect that the act has had on this data.

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, Jan 29, 2024

On Motion to Suspend the Rules and Pass

Passed 379–20

Yea 379two-thirds 266Nay 20

  • Democrats201 yea, 0 nay
  • Republicans177 yea, 20 nay
  • Independents1 yea, 0 nay

Broke with their party: Keith Self (R-TX), David Schweikert (R-AZ), Victoria Spartz (R-IN), Chip Roy (R-TX), Matthew Rosendale (R-MT), Scott Perry (R-PA), Ralph Norman (R-SC), Thomas Massie (R-KY), Anna Luna (R-FL) and Diana Harshbarger (R-TN) voted Nay; and 10 more

See how all 399 members voted

Showing 431 of 431 members

Yea 379

Republicans (177)

Democrats (201)

Independents (1)

Nay 20

Not voting 32

Senate

Passed by unanimous consent

Dec 18, 2023

No recorded vote, so there is no member-by-member tally.

Roll calls

1 vote on this bill

Showing 1 of 1 roll calls

  • Jan 29, 2024HouseOn Motion to Suspend the Rules and PassFinal passagePassed, yea-nay 379–20
    Roll call 21 tally by party
    PartyYeaNayPresentNot voting
    Democrats2010012
    Republicans17720020
    Independents1000
    Total37920032

    House roll call 21: On Motion to Suspend the Rules and Pass. Passed.

    20 crossed party lines: 20 Republicans

    How each member voted (431)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

3

Bipartisan support.

Who scored on this bill

292 points earned
  1. 1Lindsey Graham R-SC SponsorDrew cross-party cosponsors, introduced, discharged, passed Senate, passed House, became law6 events+160
  2. 2Andy Biggs R-AZ1 maverick vote1 event+6
  3. 2Dan Bishop R-NC1 maverick vote1 event+6
  4. 2Josh Brecheen R-OK1 maverick vote1 event+6
  5. 2Tim Burchett R-TN1 maverick vote1 event+6
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Lindsey Graham

History

  1. Feb 6, 2024Signed by the President. Became Public Law 118-38.
  2. Jan 31, 2024Presented to the President.
  3. Jan 29, 2024Passed the House, 379–20.
  4. Dec 18, 2023Passed the Senate by unanimous consent.
  5. Dec 6, 2023Introduced in the Senate by Lindsey Graham.
Show the full action history (19 actions)
  1. Feb 6, 2024Signed by President.
  2. Feb 6, 2024Became Public Law No: 118-38.
  3. Jan 31, 2024Presented to President.
  4. Jan 29, 2024Mr. Donalds moved to suspend the rules and pass the bill.
  5. Jan 29, 2024Considered under suspension of the rules. (consideration: CR H258-260)
  6. Jan 29, 2024DEBATE - The House proceeded with forty minutes of debate on S. 3427.
  7. Jan 29, 2024At 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.
  8. Jan 29, 2024Considered as unfinished business. (consideration: CR H266-267)
  9. Jan 29, 2024Passed/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)
  10. Jan 29, 2024On 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)
  11. Jan 29, 2024Motion to reconsider laid on the table Agreed to without objection.
  12. Dec 22, 2023Received in the House.
  13. Dec 22, 2023Held at the desk.
  14. Dec 20, 2023Message on Senate action sent to the House.
  15. Dec 18, 2023Senate Committee on the Judiciary discharged by Unanimous Consent.
  16. Dec 18, 2023Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent. (consideration: CR S6025; text: CR S6025)
  17. Dec 18, 2023Passed Senate without amendment by Unanimous Consent. (consideration: CR S6025; text: CR S6025)
  18. Dec 6, 2023Introduced in Senate
  19. Dec 6, 2023Read twice and referred to the Committee on the Judiciary.