II 118th CONGRESS 1st Session S. 849 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. 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.