,,ii #aaith ,,congress #b;d ,session ,s4 #cfbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ac1 #bjbf,mrs4 ,shaheen 7for herself and ,mr4 ,mc,cormick7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to improve recruitment and retention of ,federal correctional officers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,correctional ,officer ,paycheck ,protection ,act of #bjbf4 #b4 ,special base rates of pay for ,federal correctional officers 7a7 ,in general ,subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 is amended by inserting after section #eccb;a the following3 #eccb;b4 ,special base rates of pay for ,federal correctional officers 7a7 ,definitions ,in this section-- 7#a7 the term ,federal correctional officer means a correctional officer 7without regard to whether the position of the individual is classified in the #jjjg series established by the ,office of ,personnel ,management7-- 7,a7 who is employed by the ,bureau of ,prisons2 and 7,b7 7i7 the duties of the position of whom-- 7,i7 primarily relate to the custody1 control1 or supervision of inmates within the ,bureau of ,prisons2 or 7,,ii7 routinely include direct inmate contact in a custodial setting2 7ii7 who1 in the case of an employee who holds a supervisory or administrative position and is subject to subchapter ,,iii of chapter #hc or chapter #hd1 but who does not qualify to be considered a law enforcement officer within the meaning of section #hcca7bj7 or #hdja7ag71 as applicable1 holds a position1 the duties of which1 if they included routine custodial inmate contact1 would be as described in clause 7i72 or 7iii7 who1 in the case of an employee who is not subject to subchapter ,,iii of chapter #hc or chapter #hd1 holds a position that the ,office of ,personnel ,management1 pursuant to written position classification applicable to the ,bureau of ,prisons1 determines would satisfy clause 7i7 or 7ii7 if the employee were subject to subchapter ,,iii of chapter #hc or chapter #hd2 7#b7 the term ,general ,schedule base rate means an annual rate of basic pay established under section #eccb before any additions1 such as a locality-based comparability payment under section #ecjd or #ecjd;a or a special rate supplement under section #ecje2 and 7#c7 the term ,,leo special base rate has the meaning given the term in section #eca4fjb of title #e1 ,code of ,federal ,regulations1 or any successor regulation4 7b7 ,special base rates of pay 7#a7 ,entitlement to special rate ,notwithstanding section #eccb1 a ,federal correctional officer is entitled to a special base rate of pay1 which shall-- 7,a7 replace the otherwise applicable ,general ,schedule base rate or ,,leo special base rate for the ,federal correctional officer2 7,b7 be basic pay for all purposes1 including the purposes of applying-- 7i7 sections #ecjd1 #ecjd;a1 and #eeie2 7ii7 subchapter ,v of chapter #ee2 and 7iii7 chapters #hc and chapter #hd2 and 7,c7 be computed as provided in paragraph 7#b7 and adjusted at the time of adjustments in the ,general ,schedule base rate or ,,leo special base rate4 7#b7 ,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 #ce percent and rounding the result to the nearest whole dollar1 provided that such special base rate does not exceed the rate of basic pay payable for level ,v of the ,executive ,schedule4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #eccb;a the following3 #eccb;b4 ,special base rates of pay for ,federal correctional officers4 4 7c7 ,certain prevailing rate employees ,section #ecdc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7h7 7#a7 ,in this subsection1 the term covered employee means an employee-- 7,a7 who is described in section #ecdb7;a77#b77;,a7 and is employed by the ,bureau of ,prisons2 7,b7 the duties of the position of whom-- 7i7 primarily relate to the custody1 control1 or supervision of inmates2 or 7ii7 routinely include direct inmate contact in a custodial setting2 and 7,c7 the position of whom is classified as not higher than grade #i of the ,federal ,wage ,system4 7#b7 ,the ,attorney ,general shall increase the wage rates of each covered employee by #ce percent4 7#c7 ,an increased wage rate under paragraph 7#b7 shall be basic pay for the same purposes as the wage rate otherwise established under this section4 7#d7 ,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 ,schedule4 4 #c4 ,application 7a7 ,definition ,in this section1 the term ,federal correctional officer has the meaning given the term in section #eccb;b7a7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act4 7b7 ,sunset ,subject to subsection 7c71 on the date that is #e years after the date of enactment of this ,act1 the authority provided under sections #eccb;b and #ecdc7;h7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act1 shall terminate and those sections are repealed4 7c7 ,review and determination 7#a7 ,review ,not later than #ahj days before the expiration of the #e-year period described in subsection 7b71 the ,inspector ,general of the ,department of ,justice 7referred to in this section as the ,inspector ,general7 shall conduct a review1 and submit a report on that review to ,congress1 of-- 7,a7 the extent to which the ,bureau of ,prisons has1 pursuant to the authority provided under sections #eccb;b and #ecdc7;h7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act-- 7i7 reduced or eliminated the use of non-custodial employees to perform the duties of ,federal correctional officers 7commonly known as1 and referred to in this section as1 augmentation72 and 7ii7 reduced excessive mandatory overtime for ,federal correctional officers2 and 7,b7 the impact of the special base rates of pay under sections #eccb;b and #ecdc7;h7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act1 on recruitment1 retention1 and institutional safety with respect to ,federal correctional officers4 7#b7 ,continuing authority 7,a7 ,determination ,if1 under the review conducted under paragraph 7#a71 the ,inspector ,general determines that the ,bureau of ,prisons has demonstrated measurable progress in eliminating augmentation and reducing excessive mandatory overtime for ,federal correctional officers1 subsection 7b7 of this section shall have no force or effect and the authority provided under sections #eccb;b and #ecdc7;h7 of title #e1 ,united ,states ,code1 as added by section #b of this ,act1 shall continue to apply4 7,b7 ,notice ,the ,inspector ,general shall include a determination made under subparagraph 7,a7 in the report submitted to ,congress under paragraph 7#a74