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