[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4274 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4274
To waive limitations on overtime and premium pay for wildland
firefighters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2021
Ms. Lofgren (for herself, Mr. Thompson of California, Mr. Huffman, Mr.
Peters, Mr. Panetta, Mr. Neguse, and Ms. Porter) introduced the
following bill; which was referred to the Committee on Oversight and
Reform, and in addition to the Committees on Natural Resources, and
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To waive limitations on overtime and premium pay for wildland
firefighters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildland Firefighter Fair Pay Act''.
SEC. 2. WAIVER OF PREMIUM PAY LIMITATIONS FOR DEPARTMENT OF
AGRICULTURE, DEPARTMENT OF THE INTERIOR, AND DEPARTMENT
OF COMMERCE EMPLOYEES ENGAGED IN EMERGENCY WILDLAND FIRE
SUPPRESSION ACTIVITIES.
(a) Definitions.--In this section:
(1) Covered employee.--The term ``covered employee'' means
an employee of the Department of Agriculture, the Department of
the Interior, or the Department of Commerce.
(2) Covered services.--The term ``covered services'' means
services performed by a covered employee that are determined by
the Secretary concerned to be primarily relating to emergency
wildland fire suppression activities.
(3) Premium pay.--The term ``premium pay'' means the
premium pay paid under the provisions of law described in
section 5547(a) of title 5, United States Code.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
an employee of the Department of Agriculture;
(B) the Secretary of the Interior, with respect to
an employee of the Department of the Interior; and
(C) the Secretary of Commerce, with respect to an
employee of the Department of Commerce.
(b) Waiver of Premium Pay Period Limitation.--Any premium pay for
covered services shall be disregarded in calculating the aggregate of
the basic pay and premium pay for the applicable covered employee for
purposes of a pay period limitation under section 5547(a) of title 5,
United States Code, or under any other provision of law.
(c) Waiver of Annual Premium Pay Limitation.--Any premium pay for
covered services shall be disregarded in calculating any annual
limitation on the amount of overtime pay payable in a calendar year or
fiscal year under section 5547(b) of title 5, United States Code.
(d) Pay Limitation.--A covered employee may not be paid premium pay
if, or to the extent that, the aggregate amount of the basic pay and
premium pay (including premium pay for covered services) of the covered
employee for a calendar year would exceed the rate of basic pay payable
for a position at level II of the Executive Schedule under section 5313
of title 5, United States Code, as in effect at the end of that
calendar year.
(e) Treatment of Additional Premium Pay.--If the application of
this section results in the payment of additional premium pay to a
covered employee of a type that is normally creditable as basic pay for
retirement or any other purpose, that additional premium pay shall not
be--
(1) considered to be basic pay of the covered employee for
any purpose; or
(2) used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under section
5551 or 5552 of title 5, United States Code.
(f) Overtime Rates.--Section 5542(a)(5) of title 5, United States
Code, is amended by striking ``the United States Forest Service in''.
(g) Effective Date.--This section and the amendment made by this
section shall take effect as if enacted on January 1, 2020.
SEC. 3. REPORTS ON OPPORTUNITIES AND COSTS OF AN EXPANDED, YEAR-ROUND
FIREFIGHTING WORKFORCE.
Not later than 120 days after the date of enactment of this Act,
the Secretary of the Interior and the Secretary of Agriculture shall
each separately submit to the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Agriculture, the Committee
on Natural Resources, and the Committee on Oversight and Reform of the
House of Representatives, a report on the resources, policies,
personnel or structural changes, and other investments necessary to
support an expanded full-time, year-round firefighting workforce,
including--
(1) an assessment of the scope of resources and personnel
required to meet the current and future needs of the wildland
firefighting workforce of the relevant Department;
(2) how such an expanded workforce could increase
suppression capacity and be utilized during periods of low
wildfire activity in support of additional hazardous fuels
reduction, including prescribed burns or managed wildfires, to
reduce risks to vulnerable communities, critical
infrastructure, and natural and cultural resources;
(3) an assessment of how the composition and funding for
both the firefighting and non-firefighting workforce of the
relevant Department has changed over time;
(4) a cost-benefit analysis regarding the use of prescribed
or managed fire as compared to mechanical thinning, logging,
and other forest management activities;
(5) how such an expanded workforce could support meeting
additional agency objectives, resource management needs, and
forest resilience; and
(6) an analysis, conducted in coordination with the Office
of Personnel Management, of a possible new position
classification series and pay system for Federal wildland
firefighters that more accurately reflects the duties performed
by such employees and that contains a list of policy changes
necessary to implement such a new position classification
series and pay system.
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