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II
Calendar No. 401
117TH CONGRESS
2D SESSION
S. 138
[Report No. 117–119]
To waive certain pay limitations for Department of Agriculture and Depart-
ment of the Interior employees engaged in emergency wildland fire sup-
pression activities, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 28, 2021
Mrs. FEINSTEIN (for herself, Mr. PADILLA, Mr. DAINES, Ms. ROSEN, Mr.
WYDEN, and Mr. LUJA´N) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and Govern-
mental Affairs
JUNE 9, 2022
Reported by Mr. PETERS, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To waive certain pay limitations for Department of Agri-
culture and Department of the Interior employees en-
gaged in emergency wildland fire suppression activities,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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•S 138 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Wildland Firefighter
2
Fair Pay Act’’.
3
SEC. 2. WAIVER OF PREMIUM PAY LIMITATIONS FOR DE-
4
PARTMENT OF AGRICULTURE AND DEPART-
5
MENT
OF
THE
INTERIOR
EMPLOYEES
EN-
6
GAGED IN EMERGENCY WILDLAND FIRE SUP-
7
PRESSION ACTIVITIES.
8
(a) DEFINITIONS.—In this section:
9
(1) COVERED EMPLOYEE.—The term ‘‘covered
10
employee’’ means an employee of the Department of
11
Agriculture or the Department of the Interior.
12
(2) COVERED
SERVICES.—The term ‘‘covered
13
services’’ means services performed by a covered em-
14
ployee that are determined by the Secretary con-
15
cerned
to
be
primarily
relating
to
emergency
16
wildland fire suppression activities.
17
(3) PREMIUM PAY.—The term ‘‘premium pay’’
18
means the premium pay paid under the provisions of
19
law described in section 5547(a) of title 5, United
20
States Code.
21
(4) SECRETARY CONCERNED.—The term ‘‘Sec-
22
retary concerned’’ means—
23
(A) the Secretary of Agriculture, with re-
24
spect to an employee of the Department of Ag-
25
riculture; and
26
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•S 138 RS
(B) the Secretary of the Interior, with re-
1
spect to an employee of the Department of the
2
Interior.
3
(b) WAIVER
OF PREMIUM PAY PERIOD LIMITA-
4
TION.—Any premium pay for covered services shall be dis-
5
regarded in calculating the aggregate of the basic pay and
6
premium pay for the applicable covered employee for pur-
7
poses of a pay period limitation under section 5547(a) of
8
title 5, United States Code, or under any other provision
9
of law.
10
(c) WAIVER
OF ANNUAL PREMIUM PAY LIMITA-
11
TION.—Any premium pay for covered services shall be dis-
12
regarded in calculating any annual limitation on the
13
amount of overtime pay payable in a calendar year or fis-
14
cal year under section 5547(b) of title 5, United States
15
Code.
16
(d) PAY LIMITATION.—A covered employee may not
17
be paid premium pay if, or to the extent that, the aggre-
18
gate amount of the basic pay and premium pay (including
19
premium pay for covered services) of the covered employee
20
for a calendar year would exceed the rate of basic pay pay-
21
able for a position at level II of the Executive Schedule
22
under section 5313 of title 5, United States Code, as in
23
effect at the end of that calendar year.
24
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•S 138 RS
(e) TREATMENT OF ADDITIONAL PREMIUM PAY.—
1
If the application of this section results in the payment
2
of additional premium pay to a covered employee of a type
3
that is normally creditable as basic pay for retirement or
4
any other purpose, that additional premium pay shall not
5
be—
6
(1) considered to be basic pay of the covered
7
employee for any purpose; or
8
(2) used in computing a lump-sum payment to
9
the covered employee for accumulated and accrued
10
annual leave under section 5551 or 5552 of title 5,
11
United States Code.
12
(f) OVERTIME RATES.—Section 5542(a)(5) of title 5,
13
United States Code, is amended by striking ‘‘the United
14
States Forest Service in’’.
15
(g) EFFECTIVE DATE.—This section and the amend-
16
ment made by this section shall take effect as if enacted
17
on January 1, 2020.
18
SECTION 1. SHORT TITLE.
19
This Act may be cited as the ‘‘Wildland Firefighter
20
Fair Pay Act’’.
21
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•S 138 RS
SEC. 2. WAIVER OF PREMIUM PAY LIMITATIONS FOR DE-
1
PARTMENT OF AGRICULTURE, DEPARTMENT
2
OF THE INTERIOR, AND NATIONAL WEATHER
3
SERVICE EMPLOYEES ENGAGED IN EMER-
4
GENCY WILDLAND FIRE SUPPRESSION AC-
5
TIVITIES.
6
(a) DEFINITIONS.—In this section:
7
(1) BASIC PAY.—The term ‘‘basic pay’’ includes
8
any applicable locality-based comparability payment
9
under section 5304 of title 5, United States Code, any
10
applicable special rate supplement under section 5305
11
of that title, and any equivalent payment under a
12
similar provision of law.
13
(2) COVERED
EMPLOYEE.—The term ‘‘covered
14
employee’’ means an employee of the Department of
15
Agriculture, the Department of the Interior, or the
16
National Weather Service.
17
(3) COVERED
SERVICES.—The term ‘‘covered
18
services’’ means services performed by a covered em-
19
ployee—
20
(A) serving as a wildland firefighter or a
21
fire management response official, including a
22
regional fire director, a deputy regional fire di-
23
rector, an agency official who directly oversees
24
fire operations, and a fire management officer;
25
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•S 138 RS
(B) serving as an incident meteorologist ac-
1
companying a wildland firefighter crew; or
2
(C) serving on an incident management
3
team, at the National Interagency Fire Center,
4
at a Geographic Area Coordinating Center, or at
5
an operations center.
6
(4) PREMIUM PAY.—The term ‘‘premium pay’’
7
means the premium pay paid under the provisions of
8
law described in section 5547(a) of title 5, United
9
States Code.
10
(5) RELEVANT
COMMITTEES.—The term ‘‘rel-
11
evant committees’’ means—
12
(A) the Committee on Homeland Security
13
and Governmental Affairs of the Senate;
14
(B) the Committee on Oversight and Reform
15
of the House of Representatives;
16
(C) the Committee on Appropriations of the
17
Senate; and
18
(D) the Committee on Appropriations of the
19
House of Representatives.
20
(6) SECRETARY
CONCERNED.—The term ‘‘Sec-
21
retary concerned’’ means—
22
(A) the Secretary of Agriculture, with re-
23
spect to an employee of the Department of Agri-
24
culture;
25
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•S 138 RS
(B) the Secretary of the Interior, with re-
1
spect to an employee of the Department of the
2
Interior; and
3
(C) the Secretary of Commerce, with respect
4
to an employee of the National Weather Service.
5
(b) WAIVERS OF PREMIUM PAY LIMITATION.—
6
(1) WAIVER OF PREMIUM PAY PERIOD LIMITA-
7
TION.—Any premium pay for covered services shall be
8
disregarded in calculating the aggregate of the basic
9
pay and premium pay for the applicable covered em-
10
ployee for purposes of a limitation under section 5547
11
of title 5, United States Code, or under any other pro-
12
vision of law.
13
(2) CALCULATION
OF
AGGREGATE
PAY.—Any
14
pay that is disregarded under paragraph (1) shall be
15
disregarded in calculating the aggregate pay of the
16
applicable covered employee for purposes of applying
17
the limitation under section 5307 of title 5, United
18
States Code, during calendar year 2022.
19
(3) PAY LIMITATION.—A covered employee may
20
not be paid premium pay under this subsection if, or
21
to the extent that, the aggregate amount of the basic
22
pay and premium pay (including premium pay for
23
covered services) of the covered employee for a cal-
24
endar year would exceed the rate of basic pay payable
25
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•S 138 RS
for a position at level II of the Executive Schedule
1
under section 5313 of title 5, United States Code, as
2
in effect at the end of that calendar year.
3
(4)
TREATMENT
OF
ADDITIONAL
PREMIUM
4
PAY.—If the application of this subsection results in
5
the payment of additional premium pay to a covered
6
employee of a type that is normally creditable as
7
basic pay for retirement or any other purpose, that
8
additional premium pay shall not be—
9
(A) considered to be basic pay of the covered
10
employee for any purpose; or
11
(B) used in computing a lump-sum pay-
12
ment to the covered employee for accumulated
13
and accrued annual leave under section 5551 or
14
5552 of title 5, United States Code.
15
(5) EFFECTIVE PERIOD.—This subsection shall
16
be in effect during calendar year 2022 and apply to
17
premium pay payable during that year.
18
(c) SUBMISSION OF PLAN.—Not later than March 30,
19
2022, each Secretary concerned, in consultation with the
20
Director of the Office of Management and Budget and the
21
Director of the Office of Personnel Management, shall sub-
22
mit to the relevant committees a plan that addresses the
23
needs of the Department of Agriculture, the Department of
24
the Interior, or the National Weather Service, as applicable,
25
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•S 138 RS
to hire and train additional wildland firefighters and inci-
1
dent meteorologists and modernize compensation for
2
wildland firefighters and incident meteorologists such that
3
sufficient firefighting resources are available throughout
4
each year without the need for waivers of premium pay lim-
5
itations.
6
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Calendar No. 401
117TH CONGRESS
2D SESSION
S. 138
[Report No. 117–119]
A BILL
To waive certain pay limitations for Department of
Agriculture and Department of the Interior em-
ployees engaged in emergency wildland fire sup-
pression activities, and for other purposes.
JUNE 9, 2022
Reported with an amendment
VerDate Sep 11 2014
22:29 Jun 09, 2022
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