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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3626 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3626
To amend title 5, United States Code, to improve recruitment and
retention of Federal correctional officers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13, 2026
Mrs. Shaheen (for herself and Mr. McCormick) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to improve recruitment and
retention of Federal correctional officers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Correctional Officer
Paycheck Protection Act of 2026''.
SEC. 2. 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.''.
SEC. 3. APPLICATION.
(a) Definition.--In this section, the term ``Federal correctional
officer'' has the meaning given the term in section 5332b(a) of title
5, United States Code, as added by section 2 of this Act.
(b) Sunset.--Subject to subsection (c), 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
section 2 of this Act, shall terminate and those sections are repealed.
(c) Review and Determination.--
(1) Review.--Not later than 180 days before the expiration
of the 5-year period described in subsection (b), the Inspector
General of the Department of Justice (referred to in this
section as the ``Inspector General'') shall conduct a review,
and submit a report on that review to Congress, of--
(A) 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
section 2 of this Act--
(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 section as,
``augmentation''); and
(ii) reduced excessive mandatory overtime
for Federal correctional officers; and
(B) the impact of the special base rates of pay
under sections 5332b and 5343(h) of title 5, United
States Code, as added by section 2 of this Act, on
recruitment, retention, and institutional safety with
respect to Federal correctional officers.
(2) Continuing authority.--
(A) Determination.--If, under the review conducted
under paragraph (1), 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, subsection (b) of this section 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 section 2 of this Act, shall continue
to apply.
(B) Notice.--The Inspector General shall include a
determination made under subparagraph (A) in the report
submitted to Congress under paragraph (1).
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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