S 2272 — Wildland Firefighter Paycheck Protection Act of 2023

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

 * * * * * * *

TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

 * * * * * * *

PART III--EMPLOYEES

 * * * * * * *

Subpart D--Pay and Allowances

 * * * * * * *

 CHAPTER 53--PAY RATES AND SYSTEMS

Table of sections
Subchapter I--Pay Comparability System
Sec.

 * * * * * * *

Subchapter III--General Schedule Pay Rates
5331. * * *
5332. The General Schedule.
5332a. Special base rates of pay for wildland firefighters.

 * * * * * * *

Subchapter III--General Schedule Pay Rates

 * * * * * * *

SEC. 5332A. SPECIAL BASE RATES OF PAY FOR WILDLAND FIREFIGHTERS.

 (a) Definitions.--In this section--
 (1) the term ``firefighter'' means an employee who--
 (A) is a firefighter within the meaning of 
 section 8331(21) or section 8401(14);
 (B) in the case of an employee who holds a 
 supervisory or administrative position and is 
 subject to subchapter III of chapter 83, but 
 who does not qualify to be considered a 
 firefighter within the meaning of section 
 8331(21), would otherwise qualify if the 
 employee had transferred directly to that 
 position after serving as a firefighter within 
 the meaning of that section;
 (C) in the case of an employee who holds a 
 supervisory or administrative position and is 
 subject to chapter 84, but who does not qualify 
 to be considered a firefighter within the 
 meaning of section 8401(14), would otherwise 
 qualify if the employee had transferred 
 directly to that position after performing 
 duties described in section 8401(14)(A) for at 
 least 3 years; or
 (D) 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 determines would satisfy 
 subparagraph (A), (B), or (C) 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;
 (3) the term ``special base rate'' means an annual 
 rate of basic pay payable to a wildland firefighter, 
 before any additions or reductions, that replaces the 
 General Schedule base rate otherwise applicable to the 
 wildland firefighter and that is administered in the 
 same manner as a General Schedule base rate; and
 (4) the term ``wildland firefighter'' means a 
 firefighter--
 (A) who is employed by the Forest Service or 
 the Department of the Interior; and
 (B) the duties of the position of whom relate 
 primarily to wildland fires, as opposed to 
 structure fires.
 (b) Special Base Rates of Pay.--
 (1) Entitlement to special rate.--Notwithstanding 
 section 5332, a wildland firefighter is entitled to a 
 special base rate at grades 1 through 15, which shall--
 (A) replace the otherwise applicable General 
 Schedule base rate for the wildland 
 firefighter;
 (B) be basic pay for all purposes, including 
 the purpose of computing a locality-based 
 comparability payment under section 5304 or 
 5304a; and
 (C) be computed as described in paragraph (2) 
 and adjusted at the time of adjustments in the 
 General Schedule.
 (2) Computation.--
 (A) In general.--The special base rate for a 
 wildland firefighter shall be derived by 
 increasing the otherwise applicable General 
 Schedule base rate for the wildland firefighter 
 by the following applicable percentage for the 
 grade of the wildland firefighter and rounding 
 the result to the nearest whole dollar:
 (i) For GS-1, 42 percent.
 (ii) For GS-2, 39 percent.
 (iii) For GS-3, 36 percent.
 (iv) For GS-4, 33 percent.
 (v) For GS-5, 30 percent.
 (vi) For GS-6, 27 percent.
 (vii) For GS-7, 24 percent.
 (viii) For GS-8, 21 percent.
 (ix) For GS-9, 18 percent.
 (x) For GS-10, 15 percent.
 (xi) For GS-11, 12 percent.
 (xii) For GS-12, 9 percent.
 (xiii) For GS-13, 6 percent.
 (xiv) For GS-14, 3 percent.
 (xv) For GS-15, 1.5 percent.
 (B) Hourly, daily, weekly, or biweekly 
 rates.-- When the special base rate with 
 respect to a wildland firefighter is expressed 
 as an hourly, daily, weekly, or biweekly rate, 
 the special base rate shall be computed from 
 the appropriate annual rate of basic pay 
 derived under subparagraph (A) in accordance 
 with the rules under section 5504(b).

 * * * * * * *

Subchapter IV--Prevailing Rate Systems

 * * * * * * *

SEC. 5343. PREVAILING RATE DETERMINATIONS; WAGE SCHEDULES; NIGHT 
 DIFFERENTIALS

 (a) * * *

 * * * * * * *

 (g)(1) For a prevailing rate employee described in section 
5342(a)(2)(A) who is a wildland firefighter, as defined in 
section 5332a(a), the Secretary of Agriculture or the Secretary 
of the Interior (as applicable) shall increase the wage rates 
of that employee by an amount (determined at the sole and 
exclusive discretion of the applicable Secretary after 
consultation with the other Secretary) that is generally 
consistent with the percentage increases given to wildland 
firefighters in the General Schedule under section 5332a.
 (2) An increased wage rate under paragraph (1) shall be 
basic pay for the same purposes as the wage rate otherwise 
established under this section.
 (3) 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.

 * * * * * * *

 CHAPTER 55--PAY ADMINISTRATION

Table of sections
Subchapter I--General Provisions
Sec.

 * * * * * * *

Subchapter V--Premium Pay
5541. * * *
5542. * * *
5543. * * *
5544. Wage-board overtime, [and]Sunday rates, and other premium pay[; 
 computation]
5545. * * *
5545a. * * *
5545b. * * *
5545c. Incident response premium pay for employees engaged in wildland 
 firefighting.

 * * * * * * *

Subchapter V--Premium Pay

 * * * * * * *

SEC. 5544. WAGE-BOARD OVERTIME, [AND]SUNDAY RATES, AND OTHER PREMIUM 
 PAY[; COMPUTATION]

 (a) * * *

 * * * * * * *

 (d) A prevailing rate employee described in section 
5342(a)(2)(A) shall receive incident response premium pay under 
the same terms and conditions that apply to a covered employee 
under section 5545c if that employee--
 (1) is employed by the Forest Service or the 
 Department of the Interior; and
 (2)(A) is a wildland firefighter, as defined in 
 section 5332a(a); or
 (B) is certified by the applicable agency to perform 
 wildland fire incident-related duties during the period 
 the employee is deployed to respond to a qualifying 
 incident (as defined in section 5545c(a)).

 * * * * * * *

SEC. 5545C. INCIDENT RESPONSE PREMIUM PAY FOR EMPLOYEES ENGAGED IN 
 WILDLAND FIREFIGHTING

 (a) Definitions.--In this section--
 (1) the term ``appropriate committees of Congress'' 
 means--
 (A) the Committee on Homeland Security and 
 Governmental Affairs of the Senate;
 (B) the Committee on Energy and Natural 
 Resources of the Senate;
 (C) the Committee on Agriculture, Nutrition, 
 and Forestry of the Senate;
 (D) the Committee on Appropriations of the 
 Senate;
 (E) the Committee on Oversight and 
 Accountability of the House of Representatives;
 (F) the Committee on Agriculture in the House 
 of Representatives;
 (G) the Committee on Natural Resources of the 
 House of Representatives; and
 (H) the Committee on Appropriations of the 
 House of Representatives;
 (2) the term ``covered employee'' means an employee 
 of the Forest Service or the Department of the Interior 
 who is--
 (A) a wildland firefighter, as defined in 
 section 5332a(a); or
 (B) certified by the applicable agency to 
 perform wildland fire incident-related duties 
 during the period that employee is deployed to 
 respond to a qualifying incident;
 (3) the term ``incident response premium pay'' means 
 pay to which a covered employee is entitled under 
 subsection (c);
 (4) the term ``prescribed fire incident'' means a 
 wildland fire originating from a planned ignition in 
 accordance with applicable laws, policies, and 
 regulations to meet specific objectives;
 (5) the term ``qualifying incident''--
 (A) means--
 (i) a wildfire incident, a prescribed 
 fire incident, or a severity incident; 
 or
 (ii) an incident that the Secretary 
 of Agriculture or the Secretary of the 
 Interior determines is similar in 
 nature to an incident described in 
 clause (i); and
 (B) does not include an initial response 
 (including an initial attack fire) in which a 
 wildfire is contained within 36 hours; and
 (6) the term ``severity incident'' means an incident 
 in which a covered employee is pre-positioned in an 
 area in which conditions indicate there is a high risk 
 of wildfires.
 (b) Eligibility.--A covered employee is eligible for 
incident response premium pay under this section if--
 (1) the covered employee is deployed to respond to a 
 qualifying incident; and
 (2) the deployment described in paragraph (1) is--
 (A) outside of the official duty station of 
 the covered employee; or
 (B) within the official duty station of the 
 covered employee and the covered employee is 
 assigned to an incident-adjacent fire camp or 
 other designated field location.
 (c) Entitlement to Incident Response Premium Pay.--
 (1) In general.--A covered employee who satisfies the 
 conditions under subsection (b) is entitled to premium 
 pay for the period in which the covered employee is 
 deployed to respond to the applicable qualifying 
 incident.
 (2) Computation.--
 (A) Formula.--Subject to subparagraphs (B) 
 and (C), premium pay under paragraph (1) shall 
 be paid to a covered employee at a daily rate 
 of 450 percent of the hourly rate of basic pay 
 of the covered employee for each day that the 
 covered employee satisfies the requirements 
 under subsection (b), rounded to the nearest 
 whole cent.
 (B) Limitation.--Premium pay under this 
 subsection--
 (i) with respect to a covered 
 employee for whom the annual rate of 
 basic pay is greater than that for step 
 10 of GS-10, shall be paid at the daily 
 rate established under subparagraph (A) 
 for the applicable rate for step 10 of 
 GS-10 (where the applicable rate is the 
 rate in effect in the same locality 
 that is the basis for a locality-based 
 comparability payment payable to the 
 covered employee under section 5304); 
 and
 (ii) may not be paid to a covered 
 employee in a total amount that exceeds 
 $9,000 in any calendar year.
 (C) Adjustments.--
 (i) Assessment.--The Secretary of 
 Agriculture and the Secretary of the 
 Interior shall assess the difference 
 between the average total amount of 
 compensation that was paid to covered 
 employees, by grade, in fiscal years 
 2023 and 2024.
 (ii) Report.--Not later than 180 days 
 after the date that is 1 year after the 
 effective date of this section, the 
 Secretary of Agriculture and the 
 Secretary of the Interior shall jointly 
 publish a report on the results of the 
 assessment conducted under clause (i).
 (iii) Administrative actions.--After 
 publishing the report required under 
 clause (ii), the Secretary of 
 Agriculture and the Secretary of the 
 Interior, in consultation with the 
 Director of the Office of Personnel 
 Management, may, in the sole and 
 exclusive discretion of the Secretaries 
 acting jointly, administratively adjust 
 the amount of premium pay paid under 
 this subsection (or take other 
 administrative action) to ensure that 
 the average annual amount of total 
 compensation paid to covered employees, 
 by grade, is more consistent with such 
 amount that was paid to those employees 
 in fiscal year 2023.
 (iv) Congressional notification.--Not 
 later than 3 days after an adjustment 
 made, or other administrative action 
 taken, under clause (iii) becomes 
 final, the Secretary of Agriculture and 
 the Secretary of the Interior shall 
 jointly submit to the appropriate 
 committees of Congress a notification 
 regarding that adjustment or other 
 administrative action, as applicable.
 (d) Treatment of Incident Response Premium Pay.--Incident 
response premium pay under this section--
 (1) is not considered part of the basic pay of a 
 covered employee for any purpose;
 (2) may not be considered in determining the lump-sum 
 payment of a covered employee for accumulated and 
 accrued annual leave under section 5551 or section 
 5552;
 (3) may not be used in determining pay under section 
 8114;
 (4) may not be considered in determining pay for 
 hours of paid leave or other paid time off during which 
 the premium pay is not payable; and
 (5) shall be disregarded in determining the minimum 
 wage and overtime pay to which a covered employee is 
 entitled under the Fair Labor Standards Act of 1938 (29 
 U.S.C. 201 et seq.).

 * * * * * * *

SEC. 5547. LIMITATION ON PREMIUM PAY

 (a) An employee may be paid premium pay under sections 
5542, 5545(a), (b), and (c), 5545a, 5545c, 5546(a) and (b), and 
5550 only to the extent that the payment does not cause the 
aggregate of basic pay and such premium pay for any pay period 
for such employee to exceed the greater of--
 (1) the maximum rate of basic pay payable for GS-15 
 (including any applicable locality-based comparability 
 payment under section 5304 or similar provision of law 
 and any applicable special rate of pay under section 
 5305 or similar provision of law); or
 (2) the rate payable for level V of the Executive 
 Schedule.

 * * * * * * *

Subpart E--Attendance and Leave

 * * * * * * *

 CHAPTER 63--LEAVE

Table of sections
Subchapter I--Annual and Sick Leave
Sec.

 * * * * * * *

Subchapter II--Other Paid Leave
6321. * * *

 * * * * * * *

6329d. Parental bereavement leave.
6329e. Rest and recuperation leave for employees engaged in wildland 
 firefighting.

 * * * * * * *

Subchapter II--Other Paid Leave

 * * * * * * *

SEC. 6329E. REST AND RECUPERATION LEAVE FOR EMPLOYEES ENGAGED IN 
 WILDLAND FIREFIGHTING

 (a) Definitions.--In this section--
 (1) the term ``applicable Secretary'' means the 
 Secretary of Agriculture or the Secretary of the 
 Interior, as applicable to a covered employee;
 (2) the term ``covered employee'' means an employee 
 of the Forest Service or the Department of the Interior 
 who--
 (A) qualifies as a wildland firefighter based 
 on the definitions of the terms ``firefighter'' 
 and ``wildland firefighter'' in section 
 5332a(a) (applying the definition of 
 ``employee'' in section 6301(2) in lieu of the 
 definition of ``employee'' in section 5331(a)); 
 or
 (B) is certified by the applicable Secretary 
 to perform wildland fire incident-related 
 duties during the period the employee is 
 deployed to respond to a qualifying incident; 
 and
 (3) the term ``qualifying incident'' has the meaning 
 given the term in section 5545c(a).
 (b) Rest and Recuperation Leave.--
 (1) In general.--A covered employee may receive paid 
 rest and recuperation leave following the completion of 
 service in which the covered employee is deployed to 
 respond to a qualifying incident, subject to the 
 policies prescribed under this subsection.
 (2) Prescription of policies.--The Secretary of 
 Agriculture and the Secretary of the Interior shall, in 
 the sole and exclusive discretion of the Secretaries 
 acting jointly, prescribe uniform policies described in 
 paragraph (1) after consulting with the other 
 applicable Secretary.
 (3) Content of policies.--The policies prescribed 
 under paragraph (2) may include--
 (A) a maximum period of days in which a 
 covered employee is deployed to respond to a 
 qualifying incident, which shall--
 (i) begin on the date on which the 
 covered employee departs from the 
 official duty station of the covered 
 employee and end on the date on which 
 the covered employee returns to the 
 official duty station of the covered 
 employee; and
 (ii) be followed by a minimum number 
 of days of rest and recuperation for 
 the covered employee; or
 (B) a requirement that prohibits a covered 
 employee from working more than 16 hours per 
 day on average over a 14-day work period during 
 which the covered employee is deployed to 
 respond to a qualifying incident.
 (c) Use of Leave.--
 (1) In general.--Rest and recuperation leave granted 
 under this section--
 (A) shall be used during scheduled hours 
 within the tour of duty of the applicable 
 covered employee established for leave-charging 
 purposes;
 (B) shall be paid in the same manner as 
 annual leave;
 (C) shall be used immediately after a 
 qualifying incident; and
 (D) may not be set aside for later use.
 (2) No payment.--A covered employee may not receive 
 any payment for unused rest and recuperation leave 
 granted under this section.
 (d) Intermittent Work Schedule.--A covered employee with an 
intermittent schedule--
 (1) shall be excused from duty during the same period 
 of time that other covered employees in the same 
 circumstances are entitled to rest and recuperation 
 leave; and
 (2) shall receive a payment as if the covered 
 employee were entitled to rest and recuperation leave 
 under subsection (b).

 * * * * * * *