Federal

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.

Source: Congress.gov · 847 words in original text

What This Bill Does

This bill gives the Secretary of the Interior the power to set higher minimum pay rates for law enforcement officers who work for the Bureau of Indian Affairs. The Secretary can do this when it becomes hard to hire or keep law enforcement officers in certain areas or locations.

Who It Affects

Law enforcement officers employed by the Bureau of Indian Affairs in specific areas or locations where recruitment or retention is difficult.

Key Provisions

• The Secretary of the Interior can establish higher minimum pay rates for Bureau of Indian Affairs law enforcement officers if hiring or keeping staff becomes significantly difficult due to competition with non-Federal employers, remote location, undesirable working conditions, or other circumstances the Secretary finds appropriate (Sec. 1(b)) • The higher minimum pay rate cannot be more than 30 percent above the normal maximum basic pay for that position, and cannot exceed the rate for level IV of the Executive Schedule (Sec. 1(d)) • The Secretary must notify law enforcement officers if their position is removed from the higher pay rate, and the removal takes effect on the first day of the first pay period after notice is given (Sec. 1(e)) • The Secretary can revise the higher pay rates over time and must create regulations to carry out this law, updating them every year (Sec. 1(f) and 1(g))

What Changes

If this becomes law, the Secretary of the Interior gains the ability to increase minimum pay for Bureau of Indian Affairs law enforcement officers in areas where it is hard to recruit or retain workers.

Important Definitions

"Law enforcement officer" means someone defined as a law enforcement officer under federal law or federal regulations (Sec. 1(a)(1)).

II 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 Secu- rity and Governmental Affairs A BILL To authorize the Secretary of the Interior to establish higher minimum rates of pay for certain law enforcement em- ployees of the Bureau of Indian Affairs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SPECIAL PAY AUTHORITY FOR BUREAU OF IN- 3 DIAN AFFAIRS PUBLIC SAFETY AND JUSTICE 4 POSITIONS. 5 (a) DEFINITIONS.—In this section: 6 (1) LAW ENFORCEMENT OFFICER.—The term 7 ‘‘law enforcement officer’’ means— 8 VerDate Sep 11 2014 01:21 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S849.IS S849 kjohnson on DSK79L0C42PROD with BILLS 2 •S 849 IS (A) a law enforcement officer (as defined 1 in section 5541 of title 5, United States Code); 2 or 3 (B) a law enforcement officer (as defined 4 in section 550.103 of title 5, Code of Federal 5 Regulations (or successor regulations)). 6 (2) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of the Interior. 8 (b) AUTHORITY TO SET SPECIAL RATES OF PAY.— 9 Notwithstanding part III of title 5, United States Code, 10 if the Secretary finds that recruitment or retention efforts 11 with respect to the position of law enforcement officer of 12 the Bureau of Indian Affairs in 1 or more areas or loca- 13 tions are, or are likely to become, significantly handi- 14 capped due to any of the circumstances described in sub- 15 section (c), the Secretary may establish higher minimum 16 rates of pay for that position. 17 (c) CIRCUMSTANCES DESCRIBED.—A circumstance 18 referred to in subsection (b) is any of the following: 19 (1) The rates of pay offered by non-Federal em- 20 ployers being significantly higher than the rates of 21 pay payable by the Federal Government— 22 (A) within the area or location involved; or 23 (B) for positions in law enforcement. 24 VerDate Sep 11 2014 01:21 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S849.IS S849 kjohnson on DSK79L0C42PROD with BILLS 3 •S 849 IS (2) The remoteness of the area or location in- 1 volved. 2 (3) The undesirability of the working conditions 3 or the nature of the work involved, including expo- 4 sure to toxic substances or other occupational haz- 5 ards. 6 (4) Any other circumstance that the Secretary 7 considers appropriate. 8 (d) MAXIMUM SPECIAL RATE OF PAY.— 9 (1) IN GENERAL.—A minimum rate of pay es- 10 tablished for the position of law enforcement officer 11 under subsection (b) may not exceed the maximum 12 rate of basic pay (excluding any locality-based com- 13 parability payment under section 5304 of title 5, 14 United States Code, or similar provision of law) for 15 that position without the authority of subsection (b) 16 by more than 30 percent. 17 (2) ADDITIONAL LIMITATION.—No rate of pay 18 may be established under subsection (b) in excess of 19 the rate of basic pay payable for level IV of the Ex- 20 ecutive Schedule under section 5315 of title 5, 21 United States Code. 22 (e) NOTIFICATION OF REMOVAL FROM SPECIAL 23 RATE OF PAY.—If the Secretary removes the position of 24 law enforcement officer from coverage under a rate of pay 25 VerDate Sep 11 2014 01:21 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S849.IS S849 kjohnson on DSK79L0C42PROD with BILLS 4 •S 849 IS established under subsection (b) after that rate of pay 1 takes effect— 2 (1) the Secretary shall provide notice of the loss 3 of coverage of the rate of pay to each individual in 4 that position; and 5 (2) the loss of coverage shall take effect on the 6 first day of the first pay period after the date of the 7 notice. 8 (f) REVISION OF SPECIAL RATES OF PAY.— 9 (1) IN GENERAL.—Subject to the limitations 10 described in this section, rates of pay established 11 under subsection (b) may be revised from time to 12 time by the Secretary. 13 (2) EFFECT.—Any revision by the Secretary 14 under paragraph (1) shall have the force and effect 15 of law. 16 (g) REGULATIONS.—The Secretary shall promulgate, 17 and revise annually, regulations to carry out this section, 18 which shall, to the maximum extent practicable, be com- 19 parable to the regulations promulgated to carry out sec- 20 tion 5305 of title 5, United States Code. 21 Æ VerDate Sep 11 2014 01:21 Mar 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S849.IS S849 kjohnson on DSK79L0C42PROD with BILLS

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