[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4930-S4932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2591. Ms. SINEMA submitted an amendment intended to be proposed by 
her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 appropriate place, insert the following:

     SEC. ___. WILDLAND FIREFIGHTER PAYCHECK PROTECTION.

       (a) Special Base Rates of Pay for Wildland Firefighters.--
       (1) In general.--Subchapter III of chapter 53 of title 5, 
     United States Code, is amended by inserting after section 
     5332 the following:

     ``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.

[[Page S4931]]

       ``(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).''.
       (2) Clerical amendment.--The table of sections for 
     subchapter III of chapter 53 of title 5, United States Code, 
     is amended by inserting after the item relating to section 
     5332 the following:

``5332a. Special base rates of pay for wildland firefighters.''.
       (3) Prevailing rate employees.--Section 5343 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(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.''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the first day of the first applicable 
     pay period beginning on or after the date of enactment of 
     this Act.
       (5) Applicability.--Notwithstanding section 40803(d)(4)(B) 
     of the Infrastructure Investment and Jobs Act (16 U.S.C. 
     6592(d)(4)(B)), the salary increase in such section shall not 
     apply to the positions described in such section for service 
     performed on or after the effective date described in 
     paragraph (4) of this subsection.
       (b) Wildland Fire Incident Response Premium Pay.--
       (1) In general.--Subchapter V of chapter 55 of title 5, 
     United Sates Code, is amended by inserting after section 
     5545b the following:

     ``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 of 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 a covered 
     employee's lump-sum payment for accumulated and accrued 
     annual leave under section 5551 or section 5552;
       ``(3) may not be used in determining pay under section 8114 
     (relating to compensation for work injuries);
       ``(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.).''.
       (2) Additional premium pay amendments.--Subchapter V of 
     chapter 55 of title 5, United States Code, is amended--
       (A) in section 5544--
       (i) by amending the section heading to read as follows: 
     ``wage-board overtime, sunday rates, and other premium pay''; 
     and
       (ii) by adding at the end the following:

[[Page S4932]]

       ``(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)).''; and
       (B) in section 5547(a), in the matter preceding paragraph 
     (1), by inserting ``5545c,'' after ``5545a,''.
       (3) Clerical amendments.--The table of sections for 
     subchapter V of chapter 55 of title 5, United States Code, is 
     amended--
       (A) by amending the item relating to section 5544 to read 
     as follows:

``5544. Wage-board overtime, Sunday rates, and other premium pay.''; 
              and
       (B) by inserting after the item relating to section 5545b 
     the following:

``5545c. Incident response premium pay for employees engaged in 
              wildland firefighting.''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the first day of the first applicable 
     pay period beginning on or after the date of enactment of 
     this Act.
       (c) Rest and Recuperation Leave for Employees Engaged in 
     Wildland Firefighting.--
       (1) In general.--Subchapter II of chapter 63 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``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 
     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 work 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).''.
       (2) Technical and conforming amendment.--The table of 
     sections for subchapter II of chapter 63 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to section 6329d the following:

``6329e. Rest and recuperation leave for employees engaged in wildland 
              firefighting.''.
                                 ______