[House Report 114-837]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-837
======================================================================
OVERTIME PAY FOR SECRET SERVICE AGENTS ACT OF 2016
_______
November 29, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 6302]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 6302) to provide an increase in
premium pay for United States Secret Service agents performing
protective services during 2016, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 4
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Federal Advisory Committee Act................................... 5
Unfunded Mandate Statement....................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Additional Views................................................. 8
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 6302, the Overtime Pay for Secret Service Agents Act
of 2016, lifts the biweekly pay cap for basic and premium
overtime pay to Level II of the Executive Schedule for the 2016
calendar year for Secret Service special agents. Lifting the
pay cap allows Secret Service special agents who worked on the
2016 presidential election to be partially compensated for the
overtime hours they worked that were in excess of the normal
biweekly pay cap. The additional premium overtime pay would not
be creditable for retirement annuity or annual leave
calculations.
BACKGROUND AND NEED FOR LEGISLATION
The United States Secret Service is a federal law
enforcement agency whose chief responsibility is the protection
of the President of the United States and his or her family.\1\
In 1968, the mission of the Secret Service was expanded to
include the protection of major presidential candidates and
their spouses during a presidential election year.\2\
---------------------------------------------------------------------------
\1\18 U.S.C. Sec. 3056.
\2\Pub. L. No. 90-331 (1968).
---------------------------------------------------------------------------
In December 2015, the Committee issued an investigative
report finding the Secret Service ``is experiencing a staffing
crisis that threatens to jeopardize its critical mission.''\3\
At the time of the report's publication, the Secret Service had
fewer employees than at any point over the previous decade.\4\
Special agents have been required to work excessive overtime to
fulfill the agency's protective mission and, in some cases,
this overtime is not compensated.
---------------------------------------------------------------------------
\3\H. Comm. on Oversight and Government Reform, United States
Secret Service: An Agency in Crisis, 114th Cong. (Dec. 9, 2015).
\4\Id.
---------------------------------------------------------------------------
The ``protective mission [of the Secret Service] requires
continued, uninterrupted coverage for . . . protectees''\5\,
meaning overtime hours for special agents can be high relative
to other law enforcement agencies. While increased overtime in
a presidential election year is normal, the agency's staffing
shortages have exacerbated the amount of overtime worked by
special agents in 2016.
---------------------------------------------------------------------------
\5\H. Comm. on Oversight and Government Reform, Oversight of the
Secret Service, 114th Cong. (Nov. 15, 2016) (written statement of
Thomas E. Dougherty, Chief Strategy Officer, Office of Strategic
Planning and Policy, United States Secret Service).
---------------------------------------------------------------------------
Total aggregate compensation for a pay period, which
includes basic and premium overtime pay, for special agents on
the General Schedule is capped at the biweekly pay equivalent
of an annual salary of $160,300.\6\ As a result, during any pay
period Secret Service special agents can only be compensated
for the overtime hours they may work until they reach the
biweekly pay cap. This overtime cap, commonly referred to as a
``max out'' within the Secret Service, has consistently been
reported to the Committee as a top issue affecting employee
morale and retention.\7\
---------------------------------------------------------------------------
\6\5 U.S.C. Sec. 5547.
\7\U.S. Secret Service, U.S. Secret Service Workforce Retention
Initiatives Legislative Proposals (Feb. 24, 2016).
---------------------------------------------------------------------------
H.R. 6302 would raise the biweekly pay cap for special
agents who worked on the presidential campaign in calendar year
2016 to the pay period equivalent of Level II of the Executive
Schedule, $185,100. Under the proposal, every Secret Service
special agent with overtime for which they were not compensated
would receive partial relief for their unpaid overtime. In
2016, 1,077 Secret Service employees exceeded the present pay
cap by some amount.\8\ The Committee calculates that special
agents with outstanding overtime will receive, on average,
$20,427 in additional compensation for the overtime they have
worked under this legislation. The Committee urges that
appropriations sufficient to fund this additional overtime be
included in any measure making appropriations for the remainder
of 2016. Based on information provided by the Secret Service,
the Committee estimates that approximately 170 employees will
still have some unpaid overtime under the bill.\9\
---------------------------------------------------------------------------
\8\Email from U.S. Secret Service to H. Comm. on Oversight and
Government Reform staff (Nov. 4, 2016).
\9\Email and phone calls from U.S. Secret Service to H. Comm. on
Oversight and Government Reform staff (Nov. 7, 2016).
---------------------------------------------------------------------------
Ultimately, H.R. 6302 remedies an immediate problem facing
the Secret Service and does so in a timely manner. It provides
additional compensation for hours already worked to individuals
who put their lives on hold and at risk during the 2016
presidential election. However, this legislation does not solve
the challenges facing the Secret Service. In fact, it remains
incumbent on Secret Service management to take action to
immediately address all of the causes that have led to its poor
staffing levels and high attrition rates. The agency must
continue to improve its hiring practices and management
effectiveness and reduce collateral or non-essential aspects of
Secret Service's mission. Additionally, the bill is
specifically tailored for the circumstances regarding the
agency's staffing and protective mission and is not intended to
serve as precedent for waiving pay caps for any other agency.
LEGISLATIVE HISTORY
H.R. 6302 was introduced on November 14, 2016 by Chairman
Jason Chaffetz (R-UT) and referred to the Committee on
Oversight and Government Reform. On November 16, 2016, the
Committee ordered H.R. 6302 favorably reported to the House by
voice vote.
Prior to consideration of H.R. 6302, the Committee held a
hearing on compensation and staffing problems at the Secret
Service on November 15, 2016.\10\ At that hearing, Members
discussed the Secret Service's challenges in hiring and
retaining special agents necessary to ensure staffing levels
sufficient to mitigate excessive overtime in violation of the
pay cap.
---------------------------------------------------------------------------
\10\H. Comm. on Oversight and Government Reform, Oversight of the
Secret Service, 114th Cong. (Nov. 15, 2016).
---------------------------------------------------------------------------
Section-by-Section
Section 1. Short title
Designates the short title of the bill as the ``Overtime
Pay for Secret Service Agents Act of 2016.''
Section 2. Premium pay exception in 2016 for work authorized under
Section 3056 of Title 18
Subsection (a) authorizes Secret Service special agents who
worked overtime during the presidential election in calendar
year 2016 to be paid for the overtime so long as their total
annual compensation does not exceed the annual amount payable
in basic pay to Level II of the Executive Schedule.
Subsection (b) prohibits the overtime compensation
authorized to be paid to Secret Service special agents during
the presidential election in calendar year 2016 from being used
to calculate a special agent's retirement or annual leave
benefits.
Subsection (c) defines employee as a special agent of the
Secret Service that is a law enforcement officer but is not a
member of the Secret Service's Uniformed Division or an
officer, employee, agent, or law enforcement officer of any
other Federal agency.
Subsection (d) makes a conforming amendment to ensure that
Secret Service special agents' bi-weekly compensation may
include the pay they receive for the overtime they have worked
during the presidential election in calendar year 2016.
Explanation of Amendments
During Full Committee consideration of the bill, Ranking
Member Elijah Cummings (D-MD) offered an amendment that would
raise the pay cap to Level I of the Executive Schedule and make
it applicable to all future presidential elections. The
amendment was ultimately withdrawn by Rep. Cummings after a
colloquy with the Chairman during which it was agreed that the
Committee would receive quarterly updates from the Secret
Service to inform the Committee's further consideration of the
pay cap issue next year.
Committee Consideration
On November 16, 2016, the Committee met in open session and
ordered reported favorably the bill, H.R. 6302, by voice vote,
a quorum being present.
Roll Call Votes
No roll call votes were requested or conducted during Full
Committee consideration of H.R. 6302.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill provides an increase in premium pay for United States
Secret Service agents performing protective services during
2016. As such this bill does not relate to employment or access
to public services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal and objective of the bill is to provide an increase in
premium pay for United States Secret Service agents performing
protective services during 2016.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. Sec. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 29, 2016.
Hon. Jason Chaffetz,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6302, the Overtime
Pay for Secret Service Agents Act of 2016.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 6302--Overtime Pay for Secret Service Agents Act of 2016
H.R. 6302 would remove certain limits on premium pay earned
by special agents of the Secret Service who provided protective
services in calendar year 2016; the bill's provisions would not
apply to years after 2016. The agency expects the legislation
to benefit about 1,200 agents who would be paid about $13,000
more, on average, for hours worked in 2016.
Based on that information provided by the Secret Service,
CBO estimates that enacting the bill would increase direct
spending by $16 million in fiscal year 2017. The cost could be
more depending on the number of hours worked by agents in
December. The retroactive pay authorized by H.R. 6302 would be
considered an entitlement for federal employees who have
already performed the work for which the bill would provide
compensation. Thus, the bill would increase direct spending and
pay-as-you-go procedures apply. Enacting the legislation would
not affect revenues.
CBO estimates that enacting H.R. 6302 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 6302 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001
* * * * * * *
TITLE I--DEPARTMENT OF THE TREASURY
* * * * * * *
Sec. 118. Hereafter, and except as provided in section 2 of
the Overtime Pay for Secret Service Agents Act of 2016, funds
made available by this or any other Act may be used to pay
premium pay for protective services authorized by section
3056(a) of title 18, United States Code, without regard to the
restrictions contained in section 5547 of title 5, United
States Code, except that such premium pay shall not be payable
to an employee to the extent that the aggregate of the
employee's basic and premium pay for the year would otherwise
exceed the annual equivalent of that limitation. The term
premium pay refers to the provisions of law cited in the first
sentence of section 5547(a) of title 5, United States Code.
Payment of additional premium pay payable under this section
may be made in a lump sum on the last payday of the calendar
year.
* * * * * * *
ADDITIONAL VIEWS
Committee Democrats support H.R. 6302, the Overtime Pay for
Secret Service Agents Act of 2016. The bill would authorize an
increase in the annual salary and overtime limit up to level II
of the Executive Schedule so that Secret Service agents would
be eligible to receive additional back pay for overtime they
worked in 2016.
Last year, the Committee adopted a bipartisan report
concluding that the Secret Service ``is experiencing a staffing
crisis that threatens to jeopardize its critical mission'' due
in large part to ``significant cuts imposed by the Budget
Control Act of 2011.'' The unanimous report recommended that
Congress ``ensure that Secret Service has sufficient funds to
restore staffing to required levels.''\1\
---------------------------------------------------------------------------
\1\House Committee on Oversight and Government Reform, United
States Secret Service: An Agency in Crisis (Dec. 9, 2015).
---------------------------------------------------------------------------
Although 2016 has been a year of extraordinary demand and
strain on the Secret Service, significant hours of overtime are
required in every presidential campaign year. In addition to
providing protection at large-scale national security events,
additional staffing resources will be needed in future
presidential election years for national political conventions
and around-the-clock protection of candidates and their
families.
For these reasons, all Committee Democrats joined together
to introduce more substantial legislation to ensure that Secret
Service agents are paid for the overtime they have worked in
2016 and will work in all future presidential years. On
November 16, 2016, they introduced H.R. 6318, the Fair Pay for
Presidential Protection Act of 2016, which would also authorize
a greater level of overtime compensation than H.R. 6302.
The Federal Law Enforcement Officers Association, which
represents rank-and-file Secret Service agents, testified
before the Committee that there should be a legislative fix to
raise the overtime pay cap ``at a minimum, during a
presidential campaign year.'' The witness added that although
``this last election season was unprecedented in many respects,
we do not believe it will prove to be unique in the years
ahead,'' and he stressed ``the importance of working together
to find a permanent solution to the effect that the pay cap has
on the USSS.''
During the markup of H.R. 6302 on November 16, 2016,
Ranking Member Cummings offered an amendment that would have
incorporated provisions of H.R. 6318 by proposing a permanent
solution that would have authorized increasing the salary caps
in all future presidential election years.
Ranking Member Cummings withdrew the amendment after a
colloquy in which Chairman Chaffetz agreed that the Committee
will ask the Secret Service to provide additional updates on
the overtime pay issue and staffing on a quarterly basis.
Chairman Chaffetz also agreed to hold a roundtable or public
hearings with the Secret Service on these issues in 2017.
Elijah E. Cummings,
Ranking Member.
[all]