[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.''.
______