S 138 — Wildland Firefighter Fair Pay Act

138 IntroducedReported in Senate (IS)](RS)] <DOC> 117thCalendar CONGRESSNo. 1st Session S.

138401 To117th waiveCONGRESS certain2d paySession limitationsS. for Department of Agriculture and Department of the Interior employees engaged in emergency wildland fire suppression activities, and for other purposes.

138 [Report No.

117-119] To waive certain pay limitations for Department of Agriculture and Department of the Interior employees engaged in emergency wildland fire suppression activities, and for other purposes.

Feinstein introduced(for theherself, followingMr. bill;

whichPadilla, wasMr. read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To waive certain pay limitations for Department of Agriculture and Department of the Interior employees engaged in emergency wildland fire suppression activities, and for other purposes.

BeDaines, itMs. enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

Rosen, Mr.

Wyden, and Mr.

Lujan) introduced the following bill;

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs June 9, 2022 Reported by Mr.

Peters, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ A BILL To waive certain pay limitations for Department of Agriculture and Department of the Interior employees engaged in emergency wildland fire suppression activities, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Wildland Firefighter Fair Pay Act''.</DELETED> <DELETED>SEC.

2.

WAIVER OF PREMIUM PAY LIMITATIONS FOR DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF THE INTERIOR EMPLOYEES ENGAGED IN EMERGENCY WILDLAND FIRE SUPPRESSION ACTIVITIES.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) Covered employee.--The term ``covered employee'' means an employee of the Department of Agriculture or the Department of the Interior.</DELETED> <DELETED> (2) Covered services.--The term ``covered services'' means services performed by a covered employee that are determined by the Secretary concerned to be primarily relating to emergency wildland fire suppression activities.</DELETED> <DELETED> (3) Premium pay.--The term ``premium pay'' means the premium pay paid under the provisions of law described in section 5547(a) of title 5, United States Code.</DELETED> <DELETED> (4) Secretary concerned.--The term ``Secretary concerned'' means--</DELETED> <DELETED> (A) the Secretary of Agriculture, with respect to an employee of the Department of Agriculture;

and</DELETED> <DELETED> (B) the Secretary of the Interior, with respect to an employee of the Department of the Interior.</DELETED> <DELETED> (b) Waiver of Premium Pay Period Limitation.--Any premium pay for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the applicable covered employee for purposes of a pay period limitation under section 5547(a) of title 5, United States Code, or under any other provision of law.</DELETED> <DELETED> (c) Waiver of Annual Premium Pay Limitation.--Any premium pay for covered services shall be disregarded in calculating any annual limitation on the amount of overtime pay payable in a calendar year or fiscal year under section 5547(b) of title 5, United States Code.</DELETED> <DELETED> (d) Pay Limitation.--A covered employee may not be paid premium pay if, or to the extent that, the aggregate amount of the basic pay and premium pay (including premium pay for covered services) of the covered employee for a calendar year would exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year.</DELETED> <DELETED> (e) Treatment of Additional Premium Pay.--If the application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional premium pay shall not be--</DELETED> <DELETED> (1) considered to be basic pay of the covered employee for any purpose;

or</DELETED> <DELETED> (2) used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code.</DELETED> <DELETED> (f) Overtime Rates.--Section 5542(a)(5) of title 5, United States Code, is amended by striking ``the United States Forest Service in''.</DELETED> <DELETED> (g) Effective Date.--This section and the amendment made by this section shall take effect as if enacted on January 1, 2020.</DELETED> SECTION 1.

WAIVER OF PREMIUM PAY LIMITATIONS FOR DEPARTMENT OF AGRICULTUREAGRICULTURE, AND DEPARTMENT OF THE INTERIORINTERIOR, AND NATIONAL WEATHER SERVICE EMPLOYEES ENGAGED IN EMERGENCY WILDLAND FIRE SUPPRESSION ACTIVITIES.

(1) CoveredBasic employee.--Thepay.--The term ``covered``basic employee''pay'' meansincludes anany employeeapplicable oflocality-based thecomparability Departmentpayment under section of Agriculturetitle or5, theUnited DepartmentStates Code, any applicable special rate supplement under section 5305 of thethat Interior.title, and any equivalent payment under a similar provision of law.

(2) Covered services.--Theemployee.--The term ``covered services''employee'' means servicesan performed by a covered employee thatof are determined by the SecretaryDepartment concernedof toAgriculture, bethe primarilyDepartment relatingof tothe emergencyInterior, wildlandor firethe suppressionNational activities.Weather Service.

(3) PremiumCovered pay.--Theservices.--The term ``premium``covered pay''services'' means theservices premiumperformed payby paida undercovered theemployee-- provisions(A) ofserving lawas describeda inwildland sectionfirefighter 5547(a)or ofa titlefire 5,management Unitedresponse Statesofficial, Code.including a regional fire director, a deputy regional fire director, an agency official who directly oversees fire operations, and a fire management officer;

(4)(B) Secretaryserving concerned.--Theas term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to an employeeincident ofmeteorologist theaccompanying Departmenta ofwildland Agriculture;firefighter crew;

andor (B)(C) theserving Secretaryon ofan incident management team, at the Interior,National withInteragency respectFire toCenter, anat employeea ofGeographic theArea DepartmentCoordinating ofCenter, theor Interior.at an operations center.

(b)(4) Waiver of Premium Paypay.--The Periodterm Limitation.--Any``premium premiumpay'' paymeans for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay forpaid under the applicableprovisions covered employee for purposes of alaw paydescribed periodin limitation under section 5547(a) of title 5, United States Code,Code. or under any other provision of law.

(c)(5) WaiverRelevant ofcommittees.--The Annualterm Premium``relevant Paycommittees'' Limitation.--Anymeans-- premium(A) paythe forCommittee covered services shall be disregarded in calculating any annual limitation on theHomeland amountSecurity ofand overtimeGovernmental payAffairs payable in a calendar year or fiscal year under section 5547(b) of titlethe 5,Senate; United States Code.

(d)(B) Pay Limitation.--A covered employee may not be paid premium pay if, or to the extentCommittee that,on theOversight aggregate amount of the basic pay and premiumReform pay (including premium pay for covered services) of the coveredHouse employee for a calendar year would exceed the rate of basicRepresentatives; pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year.

(e)(C) Treatment of Additional Premium Pay.--If the applicationCommittee ofon thisAppropriations section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional premium pay shall not be-- (1) considered to be basic pay of the coveredSenate; employee for any purpose;

orand (2)(D) usedthe inCommittee computingon aAppropriations lump-sumof payment to the coveredHouse employee for accumulated and accrued annual leave under section or 5552 of titleRepresentatives. 5, United States Code.

(f)(6) OvertimeSecretary Rates.--Sectionconcerned.--The 5542(a)(5)term of``Secretary titleconcerned'' 5,means-- United(A) Statesthe Code,Secretary isof amendedAgriculture, bywith strikingrespect ``theto Unitedan Statesemployee Forestof Servicethe in''.Department of Agriculture;

(g)(B) Effectivethe Date.--ThisSecretary sectionof and the amendmentInterior, madewith byrespect thisto sectionan shallemployee takeof effectthe asDepartment ifof enactedthe onInterior; January 1, 2020.

<all>and (C) the Secretary of Commerce, with respect to an employee of the National Weather Service.

(b) Waivers of Premium Pay Limitation.-- (1) Waiver of premium pay period limitation.--Any premium pay for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the applicable covered employee for purposes of a limitation under section 5547 of title 5, United States Code, or under any other provision of law.

(2) Calculation of aggregate pay.--Any pay that is disregarded under paragraph (1) shall be disregarded in calculating the aggregate pay of the applicable covered employee for purposes of applying the limitation under section of title 5, United States Code, during calendar year 2022.

(3) Pay limitation.--A covered employee may not be paid premium pay under this subsection if, or to the extent that, the aggregate amount of the basic pay and premium pay (including premium pay for covered services) of the covered employee for a calendar year would exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year.

(4) Treatment of additional premium pay.--If the application of this subsection results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional premium pay shall not be-- (A) considered to be basic pay of the covered employee for any purpose;

or (B) used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code.

(5) Effective period.--This subsection shall be in effect during calendar year 2022 and apply to premium pay payable during that year.

(c) Submission of Plan.--Not later than March 30, 2022, each Secretary concerned, in consultation with the Director of the Office of Management and Budget and the Director of the Office of Personnel Management, shall submit to the relevant committees a plan that addresses the needs of the Department of Agriculture, the Department of the Interior, or the National Weather Service, as applicable, to hire and train additional wildland firefighters and incident meteorologists and modernize compensation for wildland firefighters and incident meteorologists such that sufficient firefighting resources are available throughout each year without the need for waivers of premium pay limitations.

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