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

<DOC>





                                                       Calendar No. 401
117th CONGRESS
  2d Session
                                 S. 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

 Mrs. Feinstein (for herself, Mr. Padilla, Mr. Daines, Ms. 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. 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, DEPARTMENT OF THE INTERIOR, AND NATIONAL 
              WEATHER SERVICE EMPLOYEES ENGAGED IN EMERGENCY WILDLAND 
              FIRE SUPPRESSION ACTIVITIES.

    (a) Definitions.--In this section:
            (1) Basic pay.--The term ``basic pay'' includes any 
        applicable locality-based comparability payment under section 
        5304 of title 5, United States Code, any applicable special 
        rate supplement under section 5305 of that title, and any 
        equivalent payment under a similar provision of law.
            (2) Covered employee.--The term ``covered employee'' means 
        an employee of the Department of Agriculture, the Department of 
        the Interior, or the National Weather Service.
            (3) Covered services.--The term ``covered services'' means 
        services performed by a covered employee--
                    (A) serving as a wildland firefighter or a fire 
                management response official, including a regional fire 
                director, a deputy regional fire director, an agency 
                official who directly oversees fire operations, and a 
                fire management officer;
                    (B) serving as an incident meteorologist 
                accompanying a wildland firefighter crew; or
                    (C) serving on an incident management team, at the 
                National Interagency Fire Center, at a Geographic Area 
                Coordinating Center, or at an operations center.
            (4) 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.
            (5) Relevant committees.--The term ``relevant committees'' 
        means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Oversight and Reform of the 
                House of Representatives;
                    (C) the Committee on Appropriations of the Senate; 
                and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (6) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                an employee of the Department of Agriculture;
                    (B) the Secretary of the Interior, with respect to 
                an employee of the Department of the Interior; 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 
        5307 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.
                                                       Calendar No. 401

117th CONGRESS

  2d Session

                                 S. 138

                          [Report No. 117-119]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              June 9, 2022

                       Reported with an amendment