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Overtime Pay for Protective Services Act of 2023

Public Law 118-38 · S. 3427 · 118th Congress · began in the Senate

Signed by Joe Biden (D) on Feb 6, 2024 · Government Operations and Politics

Sponsor: Sen. Lindsey Graham (R-SC)

Cosponsors (3): Sen. Amy Klobuchar,

Passage votesYeaNay

  • HouseRecorded vote: 379 yea, 20 nay379–20
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

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.

Who voted for it

Every House member of the 118th Congress on the ideology compass. Highlighted: the 379 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

379 yea20 nay32 present or did not vote

ProEstablishmentAnti
Economic left–right
More liberalMore conservative

Democrats who voted yea(201)

Republicans who voted yea(178)

Data notes

The House’s recorded vote on the final version of the law (roll call 739 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

1 bill the Library of Congress relates to this one.

  • H.R. 5675Related bill

    Overtime Pay for Protective Services Act of 2023

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 17 actions.

  1. Feb 6, 2024Became lawBecame law · Became Public Law No: 118-38.
  2. Became lawBecame law · Signed by President.
  3. Jan 31, 2024FloorFloor · Presented to President.
  4. Jan 29, 2024FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  5. FloorFloor · 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).House roll call 21
  6. FloorFloor · Considered as unfinished business.
  7. FloorFloor · 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.
  8. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on S. 3427.
  9. FloorFloor · Considered under suspension of the rules.
  10. FloorFloor · Mr. Donalds moved to suspend the rules and pass the bill.
  11. Dec 22, 2023FloorFloor · Held at the desk.
  12. FloorFloor · Received in the House.
  13. Dec 20, 2023FloorFloor · Message on Senate action sent to the House.
  14. Dec 18, 2023FloorFloor · Passed Senate without amendment by Unanimous Consent.
  15. CommitteeCommittee · Senate Committee on the Judiciary discharged by Unanimous Consent.
  16. Dec 6, 2023CommitteeCommittee · Read twice and referred to the Committee on the Judiciary.
  17. IntroducedIntroduced · Introduced in Senate
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

No amendments to this bill are on record.

Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.