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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SPECIAL PAY AUTHORITY FOR BUREAU OF IN4 DIAN AFFAIRS PUBLIC SAFETY AND JUSTICE 

5 POSITIONS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) LAW ENFORCEMENT OFFICER.—The term 

8 ‘‘law enforcement officer’’ means— 


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1 (A) a law enforcement officer (as defined 

2 in section 5541 of title 5, United States Code); 

3 or 

4 (B) a law enforcement officer (as defined 

5 in section 550.103 of title 5, Code of Federal 

6 Regulations (or successor regulations)). 

7 (2) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (b) AUTHORITY TO SET SPECIAL RATES OF PAY.— 

10 Notwithstanding part III of title 5, United States Code, 

11 if the Secretary finds that recruitment or retention efforts 

12 with respect to the position of law enforcement officer of 

13 the Bureau of Indian Affairs in 1 or more areas or loca14 tions are, or are likely to become, significantly handi15 capped due to any of the circumstances described in sub16 section (c), the Secretary may establish higher minimum 

17 rates of pay for that position. 

18 (c) CIRCUMSTANCES DESCRIBED.—A circumstance 

19 referred to in subsection (b) is any of the following: 

20 (1) The rates of pay offered by non-Federal em21 ployers being significantly higher than the rates of 

22 pay payable by the Federal Government— 

23 (A) within the area or location involved; or 

24 (B) for positions in law enforcement. 


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1 (2) The remoteness of the area or location in2 volved. 

3 (3) The undesirability of the working conditions 

4 or the nature of the work involved, including expo5 sure to toxic substances or other occupational haz6 ards. 

7 (4) Any other circumstance that the Secretary 

8 considers appropriate. 

9 (d) MAXIMUM SPECIAL RATE OF PAY.— 

10 (1) IN GENERAL.—A minimum rate of pay es11 tablished for the position of law enforcement officer 

12 under subsection (b) may not exceed the maximum 

13 rate of basic pay (excluding any locality-based com14 parability payment under section 5304 of title 5, 

15 United States Code, or similar provision of law) for 

16 that position without the authority of subsection (b) 

17 by more than 30 percent. 

18 (2) ADDITIONAL LIMITATION.—No rate of pay 

19 may be established under subsection (b) in excess of 

20 the rate of basic pay payable for level IV of the Ex21 ecutive Schedule under section 5315 of title 5, 

22 United States Code. 

23 (e) NOTIFICATION OF REMOVAL FROM SPECIAL

24 RATE OF PAY.—If the Secretary removes the position of 

25 law enforcement officer from coverage under a rate of pay 


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1 established under subsection (b) after that rate of pay 

2 takes effect— 

3 (1) the Secretary shall provide notice of the loss 

4 of coverage of the rate of pay to each individual in 

5 that position; and 

6 (2) the loss of coverage shall take effect on the 

7 first day of the first pay period after the date of the 

8 notice. 

9 (f) REVISION OF SPECIAL RATES OF PAY.— 

10 (1) IN GENERAL.—Subject to the limitations 

11 described in this section, rates of pay established 

12 under subsection (b) may be revised from time to 

13 time by the Secretary. 

14 (2) EFFECT.—Any revision by the Secretary 

15 under paragraph (1) shall have the force and effect 

16 of law. 

17 (g) REGULATIONS.—The Secretary shall promulgate, 

18 and revise annually, regulations to carry out this section, 

19 which shall, to the maximum extent practicable, be com20 parable to the regulations promulgated to carry out sec21 tion 5305 of title 5, United States Code. 

Æ 


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