[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Page S8094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4562. Mrs. FEINSTEIN (for herself, Mr. Padilla, Mr. Daines, and 
Ms. Rosen) submitted an amendment intended to be proposed to amendment 
SA 3867 submitted by Mr. Reed and intended to be proposed to the bill 
H.R. 4350, to authorize appropriations for fiscal year 2022 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 10__. 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.
                                 ______