[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Page S3294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6084. Mrs. SHAHEEN (for herself, Mr. McCormick, Ms. Hassan, Mr.
Fetterman, and Mrs. Capito) submitted an amendment intended to be
proposed by her to the bill S. 4784, to authorize appropriations for
fiscal year 2027 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. ___. SPECIAL BASE RATES OF PAY FOR FEDERAL CORRECTIONAL
OFFICERS.
(a) In General.--Subchapter III of chapter 53 of title 5,
United States Code, is amended by inserting after section
5332a the following:
``Sec. 5332b. Special base rates of pay for Federal
correctional officers
``(a) Definitions.--In this section--
``(1) the term `Federal correctional officer' means a
correctional officer (without regard to whether the position
of the individual is classified in the 0007 series
established by the Office of Personnel Management)--
``(A) who is employed by the Bureau of Prisons; and
``(B)(i) the duties of the position of whom--
``(I) primarily relate to the custody, control, or
supervision of inmates within the Bureau of Prisons; or
``(II) routinely include direct inmate contact in a
custodial setting;
``(ii) who, in the case of an employee who holds a
supervisory or administrative position and is subject to
subchapter III of chapter 83 or chapter 84, but who does not
qualify to be considered a law enforcement officer within the
meaning of section 8331(20) or 8401(17), as applicable, holds
a position, the duties of which, if they included routine
custodial inmate contact, would be as described in clause
(i); or
``(iii) who, in the case of an employee who is not subject
to subchapter III of chapter 83 or chapter 84, holds a
position that the Office of Personnel Management, pursuant to
written position classification applicable to the Bureau of
Prisons, determines would satisfy clause (i) or (ii) if the
employee were subject to subchapter III of chapter 83 or
chapter 84;
``(2) the term `General Schedule base rate' means an annual
rate of basic pay established under section 5332 before any
additions, such as a locality-based comparability payment
under section 5304 or 5304a or a special rate supplement
under section 5305; and
``(3) the term `LEO special base rate' has the meaning
given the term in section 531.602 of title 5, Code of Federal
Regulations, or any successor regulation.
``(b) Special Base Rates of Pay.--
``(1) Entitlement to special rate.--Notwithstanding section
5332, a Federal correctional officer is entitled to a special
base rate of pay, which shall--
``(A) replace the otherwise applicable General Schedule
base rate or LEO special base rate for the Federal
correctional officer;
``(B) be basic pay for all purposes, including the purposes
of applying--
``(i) sections 5304, 5304a, and 5595;
``(ii) subchapter V of chapter 55; and
``(iii) chapters 83 and chapter 84; and
``(C) be computed as provided in paragraph (2) and adjusted
at the time of adjustments in the General Schedule base rate
or LEO special base rate.
``(2) Computation.--The special base rate for a Federal
correctional officer shall be calculated by increasing the
applicable General Schedule base rate or LEO special base
rate for the Federal correctional officer by 35 percent and
rounding the result to the nearest whole dollar, provided
that such special base rate does not exceed the rate of basic
pay payable for level V of the Executive Schedule.''.
(b) Clerical Amendment.--The table of sections for
subchapter III of chapter 53 of title 5, United States Code,
is amended by inserting after the item relating to section
5332a the following:
``5332b. Special base rates of pay for Federal correctional
officers.''.
(c) Certain Prevailing Rate Employees.--Section 5343 of
title 5, United States Code, is amended by adding at the end
the following:
``(h)(1) In this subsection, the term `covered employee'
means an employee--
``(A) who is described in section 5342(a)(2)(A) and is
employed by the Bureau of Prisons;
``(B) the duties of the position of whom--
``(i) primarily relate to the custody, control, or
supervision of inmates; or
``(ii) routinely include direct inmate contact in a
custodial setting; and
``(C) the position of whom is classified as not higher than
grade 9 of the Federal Wage System.
``(2) The Attorney General shall increase the wage rates of
each covered employee by 35 percent.
``(3) An increased wage rate under paragraph (2) shall be
basic pay for the same purposes as the wage rate otherwise
established under this section.
``(4) An increase under this subsection may not cause the
wage rate of an employee to increase to a rate that would
produce an annualized rate in excess of the annual rate for
level IV of the Executive Schedule.''.
(d) Application.--
(1) Definition.--In this subsection, the term ``Federal
correctional officer'' has the meaning given the term in
section 5332b(a) of title 5, United States Code, as added by
this section.
(2) Sunset.--Subject to paragraph (3), on the date that is
5 years after the date of enactment of this Act, the
authority provided under sections 5332b and 5343(h) of title
5, United States Code, as added by this section, shall
terminate and those sections are repealed.
(3) Review and determination.--
(A) Review.--Not later than 180 days before the expiration
of the 5-year period described in paragraph (2), the
Inspector General of the Department of Justice (referred to
in this subsection as the ``Inspector General'') shall
conduct a review, and submit a report on that review to
Congress, of--
(i) the extent to which the Bureau of Prisons has, pursuant
to the authority provided under sections 5332b and 5343(h) of
title 5, United States Code, as added by this section--
(I) reduced or eliminated the use of non-custodial
employees to perform the duties of Federal correctional
officers (commonly known as, and referred to in this
subsection as, ``augmentation''); and
(II) reduced excessive mandatory overtime for Federal
correctional officers; and
(ii) the impact of the special base rates of pay under
sections 5332b and 5343(h) of title 5, United States Code, as
added by this section, on recruitment, retention, and
institutional safety with respect to Federal correctional
officers.
(B) Continuing authority.--
(i) Determination.--If, under the review conducted under
subparagraph (A), the Inspector General determines that the
Bureau of Prisons has demonstrated measurable progress in
eliminating augmentation and reducing excessive mandatory
overtime for Federal correctional officers, paragraph (2) of
this subsection shall have no force or effect and the
authority provided under sections 5332b and 5343(h) of title
5, United States Code, as added by this section, shall
continue to apply.
(ii) Notice.--The Inspector General shall include a
determination made under clause (i) in the report submitted
to Congress under subparagraph (A).
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