[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 849 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 849

To authorize the Secretary of the Interior to establish higher minimum 
  rates of pay for certain law enforcement employees of the Bureau of 
                Indian Affairs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2023

Mr. Tester (for himself and Mr. Hoeven) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to establish higher minimum 
  rates of pay for certain law enforcement employees of the Bureau of 
                Indian Affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SPECIAL PAY AUTHORITY FOR BUREAU OF INDIAN AFFAIRS PUBLIC 
              SAFETY AND JUSTICE POSITIONS.

    (a) Definitions.--In this section:
            (1) Law enforcement officer.--The term ``law enforcement 
        officer'' means--
                    (A) a law enforcement officer (as defined in 
                section 5541 of title 5, United States Code); or
                    (B) a law enforcement officer (as defined in 
                section 550.103 of title 5, Code of Federal Regulations 
                (or successor regulations)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Authority To Set Special Rates of Pay.--Notwithstanding part 
III of title 5, United States Code, if the Secretary finds that 
recruitment or retention efforts with respect to the position of law 
enforcement officer of the Bureau of Indian Affairs in 1 or more areas 
or locations are, or are likely to become, significantly handicapped 
due to any of the circumstances described in subsection (c), the 
Secretary may establish higher minimum rates of pay for that position.
    (c) Circumstances Described.--A circumstance referred to in 
subsection (b) is any of the following:
            (1) The rates of pay offered by non-Federal employers being 
        significantly higher than the rates of pay payable by the 
        Federal Government--
                    (A) within the area or location involved; or
                    (B) for positions in law enforcement.
            (2) The remoteness of the area or location involved.
            (3) The undesirability of the working conditions or the 
        nature of the work involved, including exposure to toxic 
        substances or other occupational hazards.
            (4) Any other circumstance that the Secretary considers 
        appropriate.
    (d) Maximum Special Rate of Pay.--
            (1) In general.--A minimum rate of pay established for the 
        position of law enforcement officer under subsection (b) may 
        not exceed the maximum rate of basic pay (excluding any 
        locality-based comparability payment under section 5304 of 
        title 5, United States Code, or similar provision of law) for 
        that position without the authority of subsection (b) by more 
        than 30 percent.
            (2) Additional limitation.--No rate of pay may be 
        established under subsection (b) in excess of the rate of basic 
        pay payable for level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
    (e) Notification of Removal From Special Rate of Pay.--If the 
Secretary removes the position of law enforcement officer from coverage 
under a rate of pay established under subsection (b) after that rate of 
pay takes effect--
            (1) the Secretary shall provide notice of the loss of 
        coverage of the rate of pay to each individual in that 
        position; and
            (2) the loss of coverage shall take effect on the first day 
        of the first pay period after the date of the notice.
    (f) Revision of Special Rates of Pay.--
            (1) In general.--Subject to the limitations described in 
        this section, rates of pay established under subsection (b) may 
        be revised from time to time by the Secretary.
            (2) Effect.--Any revision by the Secretary under paragraph 
        (1) shall have the force and effect of law.
    (g) Regulations.--The Secretary shall promulgate, and revise 
annually, regulations to carry out this section, which shall, to the 
maximum extent practicable, be comparable to the regulations 
promulgated to carry out section 5305 of title 5, United States Code.
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