[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 138 Reported in Senate (RS)]
<DOC>
Calendar No. 401
117th CONGRESS
2d Session
S. 138
[Report No. 117-119]
To waive certain pay limitations for Department of Agriculture and
Department of the Interior employees engaged in emergency wildland fire
suppression 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. Lujan) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental 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 Agriculture and
Department of the Interior employees engaged in emergency wildland fire
suppression activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Wildland Firefighter Fair
Pay Act''.</DELETED>
<DELETED>SEC. 2. WAIVER OF PREMIUM PAY LIMITATIONS FOR DEPARTMENT OF
AGRICULTURE AND DEPARTMENT OF THE INTERIOR EMPLOYEES
ENGAGED IN EMERGENCY WILDLAND FIRE SUPPRESSION
ACTIVITIES.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Covered employee.--The term ``covered
employee'' means an employee of the Department of Agriculture
or the Department of the Interior.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Secretary concerned.--The term ``Secretary
concerned'' means--</DELETED>
<DELETED> (A) the Secretary of Agriculture, with
respect to an employee of the Department of
Agriculture; and</DELETED>
<DELETED> (B) the Secretary of the Interior, with
respect to an employee of the Department of the
Interior.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) considered to be basic pay of the covered
employee for any purpose; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Overtime Rates.--Section 5542(a)(5) of title 5, United
States Code, is amended by striking ``the United States Forest Service
in''.</DELETED>
<DELETED> (g) Effective Date.--This section and the amendment made
by this section shall take effect as if enacted on January 1,
2020.</DELETED>
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 NATIONAL
WEATHER SERVICE EMPLOYEES ENGAGED IN EMERGENCY WILDLAND
FIRE SUPPRESSION ACTIVITIES.
(a) Definitions.--In this section:
(1) Basic pay.--The term ``basic pay'' includes any
applicable locality-based comparability payment under section
5304 of title 5, United States Code, any applicable special
rate supplement under section 5305 of that title, and any
equivalent payment under a similar provision of law.
(2) Covered employee.--The term ``covered employee'' means
an employee of the Department of Agriculture, the Department of
the Interior, or the National Weather Service.
(3) Covered services.--The term ``covered services'' means
services performed by a covered employee--
(A) serving as a wildland firefighter or a fire
management response official, including a regional fire
director, a deputy regional fire director, an agency
official who directly oversees fire operations, and a
fire management officer;
(B) serving as an incident meteorologist
accompanying a wildland firefighter crew; or
(C) serving on an incident management team, at the
National Interagency Fire Center, at a Geographic Area
Coordinating Center, or at an operations center.
(4) 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.
(5) Relevant committees.--The term ``relevant committees''
means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
(6) 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 National Weather Service.
(b) Waivers of Premium Pay Limitation.--
(1) 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 limitation under
section 5547 of title 5, United States Code, or under any other
provision of law.
(2) Calculation of aggregate pay.--Any pay that is
disregarded under paragraph (1) shall be disregarded in
calculating the aggregate pay of the applicable covered
employee for purposes of applying the limitation under section
5307 of title 5, United States Code, during calendar year 2022.
(3) Pay limitation.--A covered employee may not be paid
premium pay under this subsection 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.
(4) Treatment of additional premium pay.--If the
application of this subsection 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--
(A) considered to be basic pay of the covered
employee for any purpose; or
(B) 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.
(5) Effective period.--This subsection shall be in effect
during calendar year 2022 and apply to premium pay payable
during that year.
(c) Submission of Plan.--Not later than March 30, 2022, each
Secretary concerned, in consultation with the Director of the Office of
Management and Budget and the Director of the Office of Personnel
Management, shall submit to the relevant committees a plan that
addresses the needs of the Department of Agriculture, the Department of
the Interior, or the National Weather Service, as applicable, to hire
and train additional wildland firefighters and incident meteorologists
and modernize compensation for wildland firefighters and incident
meteorologists such that sufficient firefighting resources are
available throughout each year without the need for waivers of premium
pay limitations.
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 employees engaged in emergency wildland fire
suppression activities, and for other purposes.
_______________________________________________________________________
June 9, 2022
Reported with an amendment