[Senate Report 118-97]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 205
118th Congress    }                                     {       Report
                                 SENATE
 1st Session      }                                     {       118-97
_______________________________________________________________________

                                     


              WILDLAND FIREFIGHTER PAYCHECK PROTECTION ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2272

            TO AMEND TITLE 5, UNITED STATES CODE, TO PROVIDE
        FOR SPECIAL BASE RATES OF PAY FOR WILDLAND FIREFIGHTERS,
                         AND FOR OTHER PURPOSES









[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               September 11, 2023.--Ordered to be printed  
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
39-010                   WASHINGTON : 2023
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
ALEX PADILLA, California             RICK SCOTT, Florida
JON OSSOFF, Georgia                  JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut      ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
            Lena C. Chang, Director of Governmental Affairs
              Devin M. Parsons, Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk



















                                                      Calendar No. 205
118th Congress    }                                     {       Report
                                 SENATE
 1st Session      }                                     {       118-97

======================================================================



 
              WILDLAND FIREFIGHTER PAYCHECK PROTECTION ACT

                                _______
                                

               September 11, 2023.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2272]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2272), to amend 
title 5, United States Code, to provide for special base rates 
of pay for wildland firefighters, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                    Page
  I. Purpose and Summary.............................................. 1
 II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 5
 IV. Section-by-Section Analysis of the Bill, as Reported............. 6
  V. Evaluation of Regulatory Impact.................................. 8
 VI. Congressional Budget Office Cost Estimate........................ 9
VII. Changes in Existing Law Made by the Bill, as Reported........... 11

                         I. Purpose and Summary

    S. 2272, the Wildland Firefighter Paycheck Protection Act 
of 2023, addresses an impending pay cliff for federal wildland 
firefighters at the end of fiscal year 2023, when certain 
enhanced pay provisions within the bipartisan Infrastructure 
Investment and Jobs Act (IIJA) expire. This bill establishes a 
new pay scale for wildland firefighters at all grade levels, 
which would factor into their retirement calculations. In 
addition, the bill requires the Department of Agriculture's 
Forest Service (the Forest Service) and the Department of the 
Interior (DOI) to distribute daily pay supplements to employees 
working on long-duration wildfires, prescribed fires, and 
severity incidents. The bill further establishes rest and 
recuperation leave for employees engaged in fighting wildfires 
and grants the Secretary of the Interior the authority to use 
Forest Service funds as needed to ensure no federal wildland 
firefighter loses the IIJA pay increase before the pay 
provisions of this bill take effect at the beginning of fiscal 
year 2024.

              II. Background and Need for the Legislation

    Wildland fires are a persistent threat across the United 
States, growing in size, severity, and duration. Wildfires can 
be human-caused or naturally occurring and burn in natural 
areas such as forests, grasslands, or prairies.\1\ Fires have 
engulfed millions of acres of wildlands over the past decade, 
causing extensive and widespread damage.\2\
---------------------------------------------------------------------------
    \1\Cybersecurity & Infrastructure Security Agency, Wildfires 
(www.cisa.gov/topics/critical-infrastructure-security-and-resilience/
extreme-weather-and-climate-change/wildfires) (accessed Aug. 1, 2023).
    \2\See, e.g., NASA Earthdata, Wildfires (earthdata.nasa.gov/learn/
toolkits/wildfires) (accessed Aug. 3, 2023); and National Interagency 
Coordination Center, Wildland Fire Summary and Statistics Annual Report 
2022 (www.nifc.gov/sites/default/files/NICC/2-Predictive%20Services/
Intelligence/Annual%20Reports/2022/annual_report.2.pdf).
---------------------------------------------------------------------------
    Since 2000, an average of over 70,000 wildfires each year 
burn through a yearly average of 7 million acres across the 
nation, more than double the rates in the 1990s.\3\ Between 
2017 and 2021, wildfires annually destroyed over 12,000 homes, 
businesses, and other structures on average, more than triple 
the average annual number of structures destroyed in the 
preceding five-year period.\4\ According to data from the 
National Oceanic and Atmospheric Administration, wildfires 
caused $81.6 billion of damage from 2017 to 2021, nearly 10 
times the $8.6 billion of damage caused from 2012 to 2016.\5\ 
Increasingly, this destruction is not limited by geography. A 
University of Boulder study on wildfire frequency, size, and 
scope found that in the last 13 years, fire frequency doubled 
on the West and East Coasts and quadrupled in the Great Plains 
region.\6\ In 2023, smoke from Canadian wildfires has 
repeatedly reduced air quality to unsafe levels for millions of 
individuals in the Northeast and Great Lakes regions.\7\
---------------------------------------------------------------------------
    \3\National Interagency Fire Center, Wildfires and Acres 
(www.nifc.gov/fire-information/statistics/wildfires) (accessed Aug. 2, 
2023); Congressional Research Service, Wildfire Statistics (IF10244) 
(Jun. 1, 2023).
    \4\Headwaters Economics, Wildfires destroy thousands of structures 
each year (Nov. 2020; Updated Aug. 2022) (headwaterseconomics.org/
natural-hazards/structures-destroyed-by-wildfire/).
    \5\NOAA National Centers for Environmental Information, Billion-
Dollar Weather and Climate Disasters (www.ncei.noaa.gov/access/
billions) (accessed Aug. 3, 2023); Cybersecurity & Infrastructure 
Security Agency, supra note
    \6\Virginia Iglesias, Jennifer K. Balch, and William R. Travis, 
U.S. Fires Became Larger, More Frequent, and More Widespread in the 
2000s, Science Advances (Mar. 16, 2022) (www.science.org/doi/10.1126/
sciadv.abc0020); Cybersecurity & Infrastructure Security Agency, supra 
note 1.
    \7\NOAA National Centers for Environmental Information, Assessing 
the U.S. Climate in June 2023: Record-breaking heat waves hit portions 
of the U.S. during June (Jul. 11, 2023) (www.ncei.noaa.gov/news/
national-climate-202306#::text=A%20heat%20wav%20brought%20rec 
ord,parts%20of%20the %20southern%20Plains).
---------------------------------------------------------------------------
    To manage and combat the threat of wildfires, the Forest 
Service and DOI employ the services of federal firefighters to 
respond to wildfires that begin on federal lands and lands 
protected by federal agencies under cooperative agreements with 
states.\8\ In 2022, the federal wildland firefighting workforce 
comprised nearly 19,000 individuals deployed nationwide, 
including fire management and support staff. The U.S. 
Department of Agriculture (USDA) employs 70% of federal 
wildland firefighters through the Forest Service, and DOI 
employs the remaining 30%. The agencies classify wildland 
firefighters into permanent full-time, permanent-seasonal, or 
temporary-seasonal positions ranging from entry-level crewmen 
to highly skilled hotshot crew members, among other 
specializations.\9\ These wildland firefighters work from the 
ground and air in dangerous and challenging conditions to 
control and suppress wildfires.\10\
---------------------------------------------------------------------------
    \8\Congressional Research Service, Wildfire Statistics (IF10244) 
(Jun. 1, 2023).
    \9\Government Accountability Office, Wildland Fire: Barriers to 
Recruitment and Retention of Federal Wildland Firefighters (GAO-23-
105517) (Nov. 17, 2022).
    \10\U.S. Department of Agriculture, Forest Service, People Working 
in Fire (www.fs.usda.gov/science-technology/fire/people) (accessed Aug. 
2, 2023).
---------------------------------------------------------------------------
    The increasing danger, severity, and frequency of wildfires 
are placing new challenges on the federal wildland firefighter 
workforce. In June 2023, the Senate Committee on Energy and 
Natural Resources held a hearing entitled ``Hearing to Examine 
the Federal Response to Escalating Wildfires and to Evaluate 
Reforms to Land Management and Wildland Firefighter Recruitment 
and Retention.''\11\ In his written testimony, Jeffery Rupert, 
Director of the Office of Wildland Fire at DOI, stated:
---------------------------------------------------------------------------
    \11\Senate Committee on Energy and Natural Resources, Hearing to 
Examine the Federal Response to Escalating Wildfires and to Evaluate 
Reforms to Land Management and Wildland Firefighter Recruitment and 
Retention, 118th Cong. (June 8, 2023) (S. Hrg 118-XX).

          The demands on the wildland fire workforce continue 
        to grow as the complexity and need for more active 
        management increases. Many wildland firefighters are 
        currently challenged to take time off for family events 
        and other life occurrences because the current 
        workforce lacks enough qualified individuals to fill 
        behind them.\12\
---------------------------------------------------------------------------
    \12\Senate Committee on Energy and Natural Resources, Testimony 
Submitted for the Record of Jeffrey Rupert, Director of the Office of 
Wildland Fire, United States Department of Interior, Hearing to Examine 
the Federal Response to Escalating Wildfires and to Evaluate Reforms to 
Land Management and Wildland Firefighter Recruitment and Retention, 
118th Cong. (June 8, 2023) (S. Hrg. 118-XX).

    Through her testimony, Jaelith Hall-Rivera, Deputy Chief of 
State, Private, and Tribal Forestry at the Forest Service, 
added, ``As the complexity of the firefighting environment 
grows exponentially, our recruitment and retention of 
firefighters has been further complicated by our inability to 
offer a competitive wage for permanent and seasonal 
employees.''\13\
---------------------------------------------------------------------------
    \13\Senate Committee on Energy and Natural Resources, Testimony 
Submitted for the Record of Jaelith Hall-Rivera, Deputy Chief of State, 
Private, and Tribal Forestry, United States Department of Agriculture 
Forest Service, Hearing to Examine the Federal Response to Escalating 
Wildfires and to Evaluate Reforms to Land Management and Wildland 
Firefighter Recruitment and Retention, 118th Cong. (June 8, 2023) (S. 
Hrg. 118-XX).
---------------------------------------------------------------------------
    An insufficient federal workforce to fight wildland fires 
increases costs to agencies through the need to reimburse 
states for the use of non-federal firefighting organizations to 
respond to wildfires. In fiscal year 2022, the Forest Service 
paid states nearly $470 million for wildfire suppression 
activities that mostly occurred in the prior fiscal year. This 
amount is 70% higher than the amount the Forest Service paid to 
states in fiscal year 2021 for suppression activities. DOI paid 
states $91 million in reimbursements for wildfire suppression 
activities in fiscal year 2021.\14\
---------------------------------------------------------------------------
    \14\Production from the Department of the Interior, U.S. Department 
of Agriculture, and Office of Management and Budget to Senate Homeland 
Security and Governmental Affairs Committee Production, Joint Response 
to RFIs from May 24, 2023 Briefing to HSGAC Staff (June 28, 2023) (copy 
on file with Committee).
---------------------------------------------------------------------------
    In November 2022, the Government Accountability Office 
(GAO) released findings after examining federal agencies' 
efforts to hire and retain wildland firefighters. The report 
highlighted several barriers to wildland firefighter 
recruitment and retention, such as a lack of career advancement 
opportunities, poor work-life balance, mental health 
challenges, and expensive duty stations. Notably, GAO found 
that the agencies most commonly cited ``low pay'' as a central 
recruitment and retention obstacle. Current pay for federal 
wildland firefighters starts at $15 per hour for entry-level 
positions. Although there is the opportunity for overtime and 
additional hazard pay, officials and stakeholders surveyed by 
GAO described cases in which the same individuals can earn more 
at non-federal firefighting entities or at entry-level 
positions in less dangerous fields, such as food service.\15\
---------------------------------------------------------------------------
    \15\Government Accountability Office, supra note 9.
---------------------------------------------------------------------------
    Further, federal wildland firefighters face a significant 
pay cliff at the end of Fiscal Year 2023 unless Congress passes 
legislation to address it. In 2021, Congress passed provisions 
within the bipartisan IIJA that appropriated $600 million for 
the salaries and expenses of wildland firefighters. This 
appropriation provided $480 million to the Forest Service and 
$120 million to DOI starting in fiscal year 2022 through the 
end of fiscal year 2026 or until the depletion of the 
funds.\16\ The IIJA required the Forest Service and DOI to use 
this funding to increase firefighter salaries by the lesser of 
$20,000 or 50% of base salary in locations where it is 
difficult to recruit or retain wildland firefighters.\17\ In 
implementing the IIJA pay provisions, the Forest Service and 
DOI, in coordination with the Office of Personnel Management 
(OPM), determined that wildland firefighter recruitment and 
retention challenges exist in every geographic area.\18\ The 
$600 million appropriated by IIJA for the pay increase will run 
out by the end of fiscal year 2023 unless Congress passes 
further legislation.\19\
---------------------------------------------------------------------------
    \16\Infrastructure Investment and Jobs Act of 2021, Pub. L. No. 
117-58, Sec. 40803(c)(2).
    \17\Infrastructure Investment and Jobs Act of 2021, Pub. L. No. 
117-58, Sec. 40803(d).
    \18\U.S. Department of Agriculture, Department of the Interior, and 
Office of Personnel Management, Frequently Asked Questions: 
Implementation of Section 40803 of the Bipartisan Infrastructure Law 
(Public Law 117-58) (June 21, 2022) (www.doi.gov/sites/doi.gov/files/
interagency-faqs-implementation-of-bipartisan-infrastracture-law-
section-40803.pdf).
    \19\The White House: Fact Sheet: Biden-Harris Administration 
Announces New Pay Raises & Supports for Wildland Firefighter Workforce 
from Bipartisan Infrastructure Law (June 21, 2022); The Biden Team 
Announces Pay Raises of Up to $20,000 Annually for Federal 
Firefighters, Government Executive (June 21, 2022) (www.govexec.com/
pay-benefits/2022/06/biden-team-
announces-pay-raises-20000-annually-federal-firefighters/368401/).
---------------------------------------------------------------------------
    Because of the expiring temporary pay provisions in the 
IIJA, thousands of federal wildland firefighters may soon exit 
their positions at a time when wildfires pose an increasing 
threat to the nation. When asked about the impact of the 
looming pay cuts at the June 2023 Senate hearing, Forest 
Service Deputy Chief Hall-Rivera said that an estimated ``30% 
to 50% of our firefighting workforce would leave the service 
and go elsewhere'' and ``[w]e are starting to see some 
resignations now.'' Hall-Rivera also noted that ``[w]e would 
lose those folks who are leaders in the fire service, who have 
the most institutional knowledge, and that would be incredibly 
difficult for us to replace, because it takes years and years 
of experience to get that kind of knowledge and 
expertise.''\20\
---------------------------------------------------------------------------
    \20\Senate Committee on Energy and Natural Resources, supra note 
12.
---------------------------------------------------------------------------
    The Wildland Firefighter Paycheck Protection Act would 
address the impending wildland firefighter pay cliff and the 
high rate of attrition expected as a result of the pay cliff by 
establishing a permanent, updated pay scale for wildland 
firefighters at all grade levels. This approach would improve 
upon the pay bump created in the IIJA by providing wildland 
firefighters with a reliable compensation level and factoring 
the base pay increases toward retirement calculations, 
incentivizing retention. Instead of a 50% or $20,000 pay raise 
across the board, the pay scale in this bill increases base pay 
by a percentage ranging from 1.5% at the GS-15 level to 42% at 
the GS-1 level to better align with recruitment needs. Federal 
wildland firefighters would also earn daily supplements while 
deployed through the incident response premium pay established 
by the bill. The combination of the base pay increase and 
incident response premium pay would enable firefighters to 
reach a total compensation level equivalent to the IIJA level 
of a pay bump. In addition, the incident response premium pay 
would provide a financial benefit to the broader range of 
certified individuals employed by USDA or DOI who assist in 
wildland fire responses. Furthermore, the rest and recuperation 
leave provisions of the bill would help improve retention by 
ensuring better support for wildland firefighter physical and 
mental well-being following a deployment.

                        III. Legislative History

    Senator Kyrsten Sinema (I-AZ) introduced S. 2272, the 
Wildland Firefighter Paycheck Protection Act of 2023, on July 
12, 2023, with original cosponsors Senators John Barrasso (R-
WY), Joe Manchin (D-WV), Steve Daines (R-MT), Alex Padilla (D-
CA), and Jon Tester (D-MT). The bill was referred to the 
Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 2272 at a business meeting on 
July 19, 2023. At the business meeting, Senator Sinema offered 
a substitute amendment to the bill and a modification to the 
substitute amendment. The substitute amendment made technical 
clarifications to the text regarding a reference to locality 
pay and the process for the relevant Secretaries to prescribe 
uniform policies related to rest and recuperation leave. The 
modification made further technical adjustments, such as to the 
phrasing related to the description of wildland fires and 
computing of incident response premium pay. The Committee 
adopted the modification to the Sinema substitute amendment and 
the Sinema substitute amendment, as modified, by unanimous 
consent, with Senators Peters, Hassan, Sinema, Padilla, Ossoff, 
Blumenthal, Paul, Lankford, Romney, Scott, and Hawley present.
    At the same business meeting, Senator Paul offered an 
amendment to sunset the provisions of the Wildland Firefighter 
Paycheck Protection Act two years after the bill's enactment. 
The Committee did not adopt the Paul amendment, by a roll call 
vote of 4 yeas to 11 nays, with Senators Paul and Scott voting 
in the affirmative, and Senators Peters, Hassan, Sinema, 
Padilla, Ossoff, Blumenthal, Lankford, Romney, and Hawley 
voting in the negative. Senators Johnson and Marshall voted yea 
by proxy, and Senators Carper and Rosen voted nay by proxy.
    The bill, as amended, was ordered reported favorably by 
roll call vote of 10 yeas to 1 nay, with Senators Peters, 
Hassan, Sinema, Padilla, Ossoff, Blumenthal, Lankford, Romney, 
Scott, and Hawley voting in the affirmative and Senator Paul 
voting in the negative. Senators Carper, Rosen, Johnson, and 
Marshall voted yea by proxy, for the record only.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Wildland Firefighter Paycheck Protection Act of 2023.''

Section 2. Special base rates of pay for wildland firefighters

    Subsection (a) adds a new section 5332a to subchapter III 
of chapter 53 of title 5, United States Code, to establish 
special rates of pay for federal wildland firefighters.
    Subsection (a) of section 5332a defines the terms 
``firefighter,'' ``General Schedule base rate,'' ``special base 
rate,'' and ``wildland firefighter'' for the purposes of this 
section. ``Firefighter'' is defined in connection to positions 
covered by federal retirement law under chapter 83 or chapter 
84 of title 5, United States Code.
    Subsection (b) of section 5332a establishes special base 
rates of pay for wildland firefighters, computed by increasing 
the General Schedule base rate for wildland firefighters by a 
specified percentage at grades 1 through 15. The applicable 
percentage decreases as the grade level increases, ranging from 
42% at the GS-1 level to 1.5% at the GS-15 level. The 
subsection clarifies that the special base rates of pay for 
wildland firefighters are basic pay for all purposes, such as 
for retirement calculations and computing locality-based pay. 
Adjustments to the special base rates of pay would occur at the 
same time as adjustments to the General Schedule.
    Subsection (b) amends the table of sections for chapter 53 
of title 5, United States Code, to include section 5332a, as 
added by this bill.
    Subsection (c) adds language to the end of section 5343 of 
title 5, United States Code, to direct the Secretary of 
Agriculture and Secretary of the Interior to increase the wage 
rates of prevailing rate employees who are wildland 
firefighters by an amount consistent with the special base 
rates established under section 5332a.
    Subsection (d) establishes that the provisions of this 
section would take effect on the first day of the first 
applicable pay period beginning on or after October 1, 2023.
    Subsection (e) clarifies that the pay bump for wildland 
firefighters included in the IIJA would no longer apply to 
services performed on or after the effective date of the 
special base rates of pay for wildland firefighters established 
by this bill.

Section 3. Wildland fire incident response premium pay

    Subsection (a) adds a new section 5545c to subchapter V of 
chapter 55 of title 5, United States Code, to establish 
incident response premium pay for employees engaged in wildland 
firefighting.
    Subsection (a) of section 5545c defines the terms 
``appropriate committees of Congress,'' ``covered employee,'' 
``incident response premium pay,'' ``prescribed fire 
incident,'' ``qualifying incident,'' and ``severity incident'' 
for the purposes of this section. Covered employees are 
wildland firefighters or other employees at USDA or DOI who are 
certified to perform wildland fire incident-related duties 
while deployed to respond to a qualifying incident. Qualifying 
incidents take longer than 36 hours to contain and include 
wildfire incidents, prescribed fire incidents, severity 
incidents, or other incidents that the applicable Secretary 
determines are similar in nature.
    Subsection (b) of section 5545c establishes that covered 
employees are eligible for incident response premium pay if 
they are deployed outside of their official duty station to 
respond to a qualifying incident or assigned to an incident-
adjacent fire camp or other designated field location within 
their duty station.
    Subsection (c) of section 5545c entitles eligible employees 
to incident response premium pay for the duration of their 
deployments to qualifying incidents. The daily rate of premium 
pay is equal to 450% of the employee's hourly rate of basic 
pay, capped at the maximum daily rate for the GS-10, step-10 
level under such formula in the same locality. The amount of 
incident response premium pay that an eligible employee can 
receive in one calendar year is capped at $9,000.
    In addition, subsection (c) of 5545c requires the Secretary 
of Agriculture and Secretary of the Interior to assess the 
difference between the average total compensation for covered 
employees in fiscal year 2024 compared to the average in fiscal 
year 2023. This will result in a comparison between the pay 
provisions established by this bill and the pay provisions 
established by the IIJA. The Secretaries must publish a report 
on this comparison within 180 days after the end of fiscal year 
2024. Based on the findings of the report and in consultation 
with the Director of OPM, the Secretaries may administratively 
adjust the amount of incident response premium pay so that the 
annual average of total compensation is more consistent with 
the average in fiscal year 2023. The Secretaries must notify 
Congress about any adjustment within three days.
    Subsection (d) of section 5545c clarifies that the incident 
response premium pay is not considered part of an employee's 
basic pay for any purpose, including for retirement 
calculations. The premium pay also may not factor into payments 
or calculations related to accumulated and accrued leave, 
workers compensation, paid leave, minimum wage, and overtime 
pay.
    Subsection (b) makes additional amendments to chapter 55 of 
title 5, United States Code, to ensure prevailing rate 
employees who are wildland firefighters or certified to perform 
wildland fire incident-related duties are eligible for incident 
response premium pay and to clarify that incident response 
premium pay factors into limitations on total premium pay.
    Subsection (c) amends the table of sections for chapter 55 
of title 5, United States Code, to include section 5545c, as 
added by this bill, and to adjust a section heading.
    Subsection (d) establishes that the provisions of this 
section would take effect on the first day of the first 
applicable pay period beginning on or after October 1, 2023.

Section 4. Rest and recuperation leave for employees engaged in 
        wildland firefighting

    Subsection (a) adds a new section 6329e to subchapter II of 
chapter 63 of title 5, United States Code, to establish rest 
and recuperation leave for employees after deployments to fight 
wildfires.
    Subsection (a) of section 6329e defines the terms 
``applicable Secretary,'' ``covered employee,'' and 
``qualifying incident.''
    Subsection (b) of section 6329e establishes that covered 
employees may receive paid rest and recuperation leave 
following a deployment to a qualifying incident. The subsection 
directs the Secretary of Agriculture and Secretary of the 
Interior to prescribe uniform policies regarding the maximum 
lengths of deployments, maximum number of hours worked during a 
deployment, and minimum periods of rest between deployments.
    Subsection (c) specifies that rest and recuperation leave 
would be paid in the same manner as annual leave. Covered 
employees must use rest and recuperation leave immediately 
after a qualifying incident.
    Subsection (d) addresses how rest and recuperation leave 
applies to covered employees with intermittent work schedules.
    Subsection (b) amends the table of sections for chapter 63 
of title 5, United States Code, to include section 6329e, as 
added by this bill.

Section 5. Transfer authority

    This section authorizes USDA to transfer up to $5 million 
of unobligated funding appropriated in the IIJA to DOI as 
needed to ensure no wildland firefighters lose the IIJA pay 
bump before the pay provisions established by this bill take 
effect at the beginning of fiscal year 2024.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate




    The bill would:
           Permanently increase the pay scale for 
        federal wildland firefighters
           Establish premium pay for workers that 
        respond to wildfire incidents
           Require the Forest Service and the 
        Department of the Interior to develop and implement 
        policies concerning rest and recuperation for federal 
        wildfire responders
    Estimated budgetary effects would mainly stem from:
           Increased pay for federal wildland 
        firefighters
           Premium pay for wildfire incident response
    Areas of significant uncertainty include:
           Identifying the number and length of 
        wildland fire incidents that would result in premium 
        pay for responders
    Bill summary: S. 2272 would permanently increase the pay 
scale for federal wildland firefighters under the jurisdiction 
of the Forest Service (within the Department of Agriculture) or 
the Department of the Interior (DOI) and would authorize a 
daily supplemental payment (referred to as premium pay) for 
wildland federal firefighters and related employees who respond 
to wildland fires in specific circumstances. The new pay scales 
and supplemental payments would take effect on October 1, 2023. 
Salaries for wildland firefighters were temporarily increased 
during fiscal year 2023 under provisions of the Infrastructure 
Investment and Jobs Act.
    S. 2272 also would require the Forest Service and DOI to 
jointly develop and implement policies for maximum length of 
deployment, maximum hours worked, and minimum periods of rest 
between deployments.
    In addition, following completion of the first year under 
the increased pay scale, the bill would require the Secretaries 
of Agriculture and the Interior to assess and report to the 
Congress on the difference between the average total 
compensation paid to wildland firefighters in fiscal years 2023 
and 2024. After completing the assessment, the Secretaries 
would be authorized to administratively adjust compensation to 
be more consistent with total compensation paid to wildland 
firefighters in 2023. If any such adjustments are made, the 
Secretaries would be required to report those adjustments to 
the Congress.
    Estimated Federal cost: The estimated budgetary effect of 
S. 2272 is shown in Table 1. The costs of the legislation fall 
within budget function 300 (natural resources and environment).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2272
----------------------------------------------------------------------------------------------------------------
                                                        By fiscal year, millions of dollars--
                                    ----------------------------------------------------------------------------
                                        2023       2024       2025       2026       2027       2028    2023-2028
----------------------------------------------------------------------------------------------------------------
Permanently Increased Pay Scale
    Estimated Authorization........          0        317        332        345        357        369      1,720
    Estimated Outlays..............          0        253        329        342        355        367      1,646
Premium Pay for Wildland Fire
 Incident Response
    Estimated Authorization........          0        124        130        135        140        143        672
    Estimated Outlays..............          0         99        129        134        139        143        644
Total Changes
    Estimated Authorization........          0        441        462        480        497        512      2,392
    Estimated Outlays..............          0        352        458        476        494        510      2,290
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
2272 will be enacted near the end of fiscal year 2023 and that 
implementation timelines generally follow the requirements 
specified in the bill, which would take effect on October 1, 
2023. Outlay estimates are based on historical spending 
patterns for similar activities, and any spending would be 
subject to appropriations.
    Spending Subject to Appropriation: CBO estimates that the 
bill would cost about $2.3 billion over the 2024-2028 period 
(see Table 1).
    Permanently Increased Pay Scale: S. 2272 would permanently 
increase base pay for federal wildland firefighters under the 
jurisdiction of the Forest Service and DOI. Increases to the 
pay scale for workers under the General Schedule (GS) would be 
set at specific percentages varying by grade (GS-1 would 
receive the largest increase at 42 percent and GS-15 would 
receive the smallest at 1.5 percent). Pay increases for 
wildland firefighters outside the GS system would be calculated 
by annualizing their current pay and applying an equivalent 
increase for a similar GS grade. Those pay increases would be 
capped at the annual rate for the Executive Schedule level IV, 
currently $183,500.
    Using information from the Forest Service and DOI, CBO 
expects that almost 13,000 firefighters in the Forest Service 
and about 4,500 DOI firefighters would receive a permanent 
increase in their base rate of pay. CBO estimates that the 
total cost of those increases (including pay increases and 
associated increases in employee benefits) would be about $1.6 
billion over the 2024-2028 period.
    Premium Pay for Wildland Fire Incident Response: S. 2272 
also would establish a daily pay premium of 4.5 times the 
regular hourly rate for Forest Service and DOI wildland 
firefighters and related employees responding to certain 
wildfires. The premium pay would be allotted by those agencies 
to responders deployed for long-duration wildfires, working on 
prescribed fires, or deployed away from their duty station to 
pre-position in an area at high risk of fire. Such payments 
would be capped at about $160 per day, or $9,000 annually.
    Using information from the agencies, CBO estimates that 
about 20,000 firefighters in the Forest Service and more than 
8,000 responders with DOI would receive the premium pay and 
associated benefits in any year, at a total cost of $644 
million over the 2024-2028 period.
    Transfer Authority: S. 2272 also would authorize the 
transfer of up to $5 million from amounts appropriated to the 
Forest Service under title VI of division J of the 
Infrastructure Investment and Jobs Act and make those funds 
available to DOI for wildland fire management activities. (That 
act designated those amounts as an emergency requirement.) CBO 
expects that the transferred funds would be spent at the same 
rate as they would be under current law; thus, CBO estimates 
that the transfer would have no net effect on the federal 
budget.
    Reporting and Administrative Requirements: S. 2272 would 
require the Forest Service and DOI to jointly develop and 
implement policies related to firefighters' length of 
deployment, hours worked, and periods of rest between 
deployments. The bill also would require the agencies to report 
to the Congress on their assessment of the difference between 
the average total compensation paid to wildland firefighters in 
fiscal years 2023 and 2024.
    Using information on the costs of similar activities, CBO 
estimates that the cost of meeting those requirements would be 
less than $500,000 over the 2024-2028 period.
    Uncertainty: The budgetary effects of the bill's premium 
pay for wildfire incident response would depend on accurately 
predicting the number and length of qualifying incidents that 
would occur in any year. Costs of S. 2272 could be moderately 
larger or smaller than this estimate if the number of 
qualifying wildfire incidents is more or less, respectively, in 
future years than CBO estimates.
    Pay-As-You-Go considerations: None.
    Increase in long-term net direct spending and deficits: 
None.
    Mandates: None.
    Estimate prepared by: Federal Costs: Lilia Ledezma, 
Mandates: Andrew Laughlin.
    Estimate reviewed by: Robert Reese, Principal Analyst, 
Natural and Physical Resources Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; Christina 
Hawley Anthony, Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

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TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *



Subpart D--Pay and Allowances

           *       *       *       *       *       *       *



                   CHAPTER 53--PAY RATES AND SYSTEMS

Table of sections
Subchapter I--Pay Comparability System
Sec.

           *       *       *       *       *       *       *

Subchapter III--General Schedule Pay Rates
5331. * * *
5332. The General Schedule.
5332a. Special base rates of pay for wildland firefighters.

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Subchapter III--General Schedule Pay Rates

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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.
    (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).

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Subchapter IV--Prevailing Rate Systems

           *       *       *       *       *       *       *



SEC. 5343. PREVAILING RATE DETERMINATIONS; WAGE SCHEDULES; NIGHT 
                    DIFFERENTIALS

    (a) *  *  *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


                     CHAPTER 55--PAY ADMINISTRATION

Table of sections
Subchapter I--General Provisions
Sec.

           *       *       *       *       *       *       *

Subchapter V--Premium Pay
5541. * * *
5542. * * *
5543. * * *
5544. Wage-board overtime, [and]Sunday rates, and other premium pay[; 
          computation]
5545. * * *
5545a. * * *
5545b. * * *
5545c. Incident response premium pay for employees engaged in wildland 
          firefighting.

           *       *       *       *       *       *       *


Subchapter V--Premium Pay

           *       *       *       *       *       *       *



SEC. 5544. WAGE-BOARD OVERTIME, [AND]SUNDAY RATES, AND OTHER PREMIUM 
                    PAY[; COMPUTATION]

    (a) * * *

           *       *       *       *       *       *       *

    (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)).

           *       *       *       *       *       *       *


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 in 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 the lump-sum 
        payment of a covered employee for accumulated and 
        accrued annual leave under section 5551 or section 
        5552;
          (3) may not be used in determining pay under section 
        8114;
          (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.).

           *       *       *       *       *       *       *


SEC. 5547. LIMITATION ON PREMIUM PAY

    (a) An employee may be paid premium pay under sections 
5542, 5545(a), (b), and (c), 5545a, 5545c, 5546(a) and (b), and 
5550 only to the extent that the payment does not cause the 
aggregate of basic pay and such premium pay for any pay period 
for such employee to exceed the greater of--
          (1) the maximum rate of basic pay payable for GS-15 
        (including any applicable locality-based comparability 
        payment under section 5304 or similar provision of law 
        and any applicable special rate of pay under section 
        5305 or similar provision of law); or
          (2) the rate payable for level V of the Executive 
        Schedule.

           *       *       *       *       *       *       *


Subpart E--Attendance and Leave

           *       *       *       *       *       *       *



                           CHAPTER 63--LEAVE

Table of sections
Subchapter I--Annual and Sick Leave
Sec.

           *       *       *       *       *       *       *

Subchapter II--Other Paid Leave
6321. * * *

           *       *       *       *       *       *       *

6329d. Parental bereavement leave.
6329e. Rest and recuperation leave for employees engaged in wildland 
          firefighting.

           *       *       *       *       *       *       *


Subchapter II--Other Paid Leave

           *       *       *       *       *       *       *



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 work 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 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).

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