[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 138 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 138

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

Mrs. Feinstein introduced the following bill; which was 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.

    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 ``Wildland Firefighter Fair Pay Act''.

SEC. 2. WAIVER OF PREMIUM PAY LIMITATIONS FOR DEPARTMENT OF AGRICULTURE 
              AND DEPARTMENT OF THE INTERIOR EMPLOYEES ENGAGED IN 
              EMERGENCY WILDLAND FIRE SUPPRESSION ACTIVITIES.

    (a) Definitions.--In this section:
            (1) Covered employee.--The term ``covered employee'' means 
        an employee of the Department of Agriculture or the Department 
        of the Interior.
            (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.
            (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.
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                an employee of the Department of Agriculture; and
                    (B) the Secretary of the Interior, with respect to 
                an employee of the Department of the Interior.
    (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.
    (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.
    (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.
    (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--
            (1) considered to be basic pay of the covered employee for 
        any purpose; or
            (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.
    (f) Overtime Rates.--Section 5542(a)(5) of title 5, United States 
Code, is amended by striking ``the United States Forest Service in''.
    (g) Effective Date.--This section and the amendment made by this 
section shall take effect as if enacted on January 1, 2020.
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