[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2272 Reported in Senate (RS)]
<DOC>
Calendar No. 205
118th CONGRESS
1st Session
S. 2272
[Report No. 118-97]
To amend title 5, United States Code, to provide for special base rates
of pay for wildland firefighters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2023
Ms. Sinema (for herself, Mr. Barrasso, Mr. Manchin, Mr. Daines, Mr.
Padilla, and Mr. Tester) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
September 11, 2023
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide for special base rates
of 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Wildland Firefighter
Paycheck Protection Act of 2023''.</DELETED>
<DELETED>SEC. 2. SPECIAL BASE RATES OF PAY FOR WILDLAND
FIREFIGHTERS.</DELETED>
<DELETED> (a) In General.--Subchapter III of chapter 53 of title 5,
United States Code, is amended by inserting after section 5332 the
following:</DELETED>
<DELETED>``Sec. 5332a. Special base rates of pay for wildland
firefighters</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `firefighter' means an employee
who--</DELETED>
<DELETED> ``(A) is a firefighter within the meaning
of section 8331(21) or section 8401(14);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(4) the term `wildland firefighter' means a
firefighter--</DELETED>
<DELETED> ``(A) who is employed by the Forest
Service or the Department of the Interior;
and</DELETED>
<DELETED> ``(B) the duties of the position of whom
primarily relate to fires occurring in forests, range
lands, or other wildlands, as opposed to structural
fires.</DELETED>
<DELETED> ``(b) Special Base Rates of Pay.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) replace the otherwise applicable
General Schedule base rate for the wildland
firefighter;</DELETED>
<DELETED> ``(B) be basic pay for all purposes,
including the purpose of computing a locality-based
comparability payment under section 5304 or 5304a;
and</DELETED>
<DELETED> ``(C) be computed as described in
paragraph (2) and adjusted at the time of adjustments
in the General Schedule.</DELETED>
<DELETED> ``(2) Computation.--</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(i) For GS-1, 42
percent.</DELETED>
<DELETED> ``(ii) For GS-2, 39
percent.</DELETED>
<DELETED> ``(iii) For GS-3, 36
percent.</DELETED>
<DELETED> ``(iv) For GS-4, 33
percent.</DELETED>
<DELETED> ``(v) For GS-5, 30
percent.</DELETED>
<DELETED> ``(vi) For GS-6, 27
percent.</DELETED>
<DELETED> ``(vii) For GS-7, 24
percent.</DELETED>
<DELETED> ``(viii) For GS-8, 21
percent.</DELETED>
<DELETED> ``(ix) For GS-9, 18
percent.</DELETED>
<DELETED> ``(x) For GS-10, 15
percent.</DELETED>
<DELETED> ``(xi) For GS-11, 12
percent.</DELETED>
<DELETED> ``(xii) For GS-12, 9
percent.</DELETED>
<DELETED> ``(xiii) For GS-13, 6
percent.</DELETED>
<DELETED> ``(xiv) For GS-14, 3
percent.</DELETED>
<DELETED> ``(xv) For GS-15, 1.5
percent.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (b) 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:</DELETED>
<DELETED>``5332a. Special base rates of pay for wildland
firefighters.''.
<DELETED> (c) Prevailing Rate Employees.--Section 5343 of title 5,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Effective Date.--The amendments made by this section
shall take effect on the first day of the first applicable pay period
beginning on or after October 1, 2023.</DELETED>
<DELETED> (e) 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 40803(d)(4)(B)
shall not apply to the positions described in such section
40803(d)(4)(B) for service performed on or after the effective date
described in subsection (d) of this section.</DELETED>
<DELETED>SEC. 3. WILDLAND FIRE INCIDENT RESPONSE PREMIUM PAY.</DELETED>
<DELETED> (a) In General.--Subchapter V of chapter 55 of title 5,
United Sates Code, is amended by inserting after section 5545b the
following:</DELETED>
<DELETED>``Sec. 5545c. Incident response premium pay for employees
engaged in wildland firefighting</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `appropriate committees of
Congress' means--</DELETED>
<DELETED> ``(A) the Committee on Homeland Security
and Governmental Affairs of the Senate;</DELETED>
<DELETED> ``(B) the Committee on Energy and Natural
Resources of the Senate;</DELETED>
<DELETED> ``(C) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;</DELETED>
<DELETED> ``(D) the Committee on Appropriations of
the Senate;</DELETED>
<DELETED> ``(E) the Committee on Oversight and
Accountability of the House of
Representatives;</DELETED>
<DELETED> ``(F) the Committee on Agriculture of the
House of Representatives;</DELETED>
<DELETED> ``(G) the Committee on Natural Resources
of the House of Representatives; and</DELETED>
<DELETED> ``(H) the Committee on Appropriations of
the House of Representatives;</DELETED>
<DELETED> ``(2) the term `covered employee' means an
employee of the Forest Service or the Department of the
Interior who is--</DELETED>
<DELETED> ``(A) a wildland firefighter, as defined
in section 5332a(a); or</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) the term `incident response premium pay'
means pay to which a covered employee is entitled under
subsection (c);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(5) the term `qualifying incident'--</DELETED>
<DELETED> ``(A) means--</DELETED>
<DELETED> ``(i) a wildfire incident, a
prescribed fire incident, or a severity
incident; or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) does not include an initial response
incident that is contained within 36 hours;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Eligibility.--A covered employee is eligible for
incident response premium pay under this section if--</DELETED>
<DELETED> ``(1) the covered employee is deployed to respond
to a qualifying incident; and</DELETED>
<DELETED> ``(2) the deployment described in paragraph (1)
is--</DELETED>
<DELETED> ``(A) outside of the official duty station
of the covered employee; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Entitlement to Incident Response Premium Pay.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Computation.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Limitation.--Premium pay under this
subsection may not be paid--</DELETED>
<DELETED> ``(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, at a
daily rate that exceeds the daily rate
established under subparagraph (A) for step 10
of GS-10; or</DELETED>
<DELETED> ``(ii) to a covered employee in a
total amount that exceeds $9,000 in any
calendar year.</DELETED>
<DELETED> ``(C) Adjustments.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Treatment of Incident Response Premium Pay.--
Incident response premium pay under this section--</DELETED>
<DELETED> ``(1) is not considered part of the basic pay of a
covered employee for any purpose;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) may not be used in determining pay under
section 8114 (relating to compensation for work
injuries);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.).''.</DELETED>
<DELETED> (b) Additional Premium Pay Amendments.--Subchapter V of
chapter 55 of title 5, United States Code, is amended--</DELETED>
<DELETED> (1) in section 5544--</DELETED>
<DELETED> (A) by amending the section heading to
read as follows: ``wage-board overtime, sunday rates,
and other premium pay''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) is employed by the Forest Service or the
Department of the Interior; and</DELETED>
<DELETED> ``(2)(A) is a wildland firefighter, as defined in
section 5332a(a); or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in section 5547(a), in the matter preceding
paragraph (1), by inserting ``5545c,'' after
``5545a,''.</DELETED>
<DELETED> (c) Clerical Amendments.--The table of sections for
subchapter V of chapter 55 of title 5, United States Code, is amended--
</DELETED>
<DELETED> (1) by amending the item relating to section 5544
to read as follows:</DELETED>
<DELETED>``5544. Wage-board overtime, Sunday rates, and other premium
pay.'';
<DELETED>and</DELETED>
<DELETED> (2) by inserting after the item relating to
section 5545b the following:</DELETED>
<DELETED>``5545c. Incident response premium pay for employees engaged
in wildland firefighting.''.
<DELETED> (d) Effective Date.--The amendments made by this section
shall take effect on the first day of the first applicable pay period
beginning on or after October 1, 2023.</DELETED>
<DELETED>SEC. 4. REST AND RECUPERATION LEAVE FOR EMPLOYEES ENGAGED IN
WILDLAND FIREFIGHTING.</DELETED>
<DELETED> (a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 6329e. Rest and recuperation leave for employees
engaged in wildland firefighting</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `applicable Secretary' means the
Secretary of Agriculture or the Secretary of the Interior, as
applicable to a covered employee;</DELETED>
<DELETED> ``(2) the term `covered employee' means an
employee of the Forest Service or the Department of the
Interior who--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(3) the term `qualifying incident' has the
meaning given the term in section 5545c(a).</DELETED>
<DELETED> ``(b) Rest and Recuperation Leave.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Prescription of policies.--The Secretary of
Agriculture and the Secretary of the Interior shall prescribe
uniform policies described in paragraph (1) after consulting
with the other applicable Secretary.</DELETED>
<DELETED> ``(3) Content of policies.--The policies
prescribed under paragraph (2) may include--</DELETED>
<DELETED> ``(A) a maximum period of days in which a
covered employee is deployed to respond to a qualifying
incident, which shall--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) be followed by a minimum
number of days of rest and recuperation for the
covered employee; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Use of Leave.--</DELETED>
<DELETED> ``(1) In general.--Rest and recuperation leave
granted under this section--</DELETED>
<DELETED> ``(A) shall be used during scheduled hours
within the tour of duty of the applicable covered
employee established for leave-charging
purposes;</DELETED>
<DELETED> ``(B) shall be paid in the same manner as
annual leave;</DELETED>
<DELETED> ``(C) shall be used immediately after a
qualifying incident; and</DELETED>
<DELETED> ``(D) may not be set aside for later
use.</DELETED>
<DELETED> ``(2) No payment.--A covered employee may not
receive any payment for unused rest and recuperation leave
granted under this section.</DELETED>
<DELETED> ``(d) Intermittent Work Schedule.--A covered employee with
an intermittent work schedule--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) shall receive a payment as if the covered
employee were entitled to rest and recuperation leave under
subsection (b).''.</DELETED>
<DELETED> (b) 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:</DELETED>
<DELETED>``6329e. Rest and recuperation leave for employees engaged in
wildland firefighting.''.
<DELETED>SEC. 5. TRANSFER AUTHORITY.</DELETED>
<DELETED> Notwithstanding section 40803(c)(2) of the Infrastructure
Investment and Jobs Act (16 U.S.C. 6592(c)(2)), not more than
$5,000,000 of the unobligated balances of amounts made available under
the heading ``wildland fire management'' under the heading ``Forest
Service'' under the heading ``DEPARTMENT OF AGRICULTURE'' in title VI
of division J of that Act (Public Law 117-58; 135 Stat. 1410) pursuant
to section 40803(c)(2)(B) of that Act (16 U.S.C. 6592(c)(2)(B)) may, as
necessary to continue uninterrupted the Federal wildland firefighter
base salary increase described in section 40803(d)(4)(B) of that Act
(16 U.S.C. 6592(d)(4)(B)), be transferred to and merged with the
amounts made available under the heading ``wildland fire management''
under the heading ``Department-wide Programs'' under the heading
``DEPARTMENT OF THE INTERIOR'' in title VI of division J of that Act
(Public Law 117-58; 135 Stat. 1393).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildland Firefighter Paycheck
Protection Act of 2023''.
SEC. 2. SPECIAL BASE RATES OF PAY FOR WILDLAND FIREFIGHTERS.
(a) 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.
``(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).''.
(b) 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.''.
(c) 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.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first applicable pay period beginning on
or after October 1, 2023.
(e) 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 subsection (d) of this section.
SEC. 3. WILDLAND FIRE INCIDENT RESPONSE PREMIUM PAY.
(a) 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 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.).''.
(b) Additional Premium Pay Amendments.--Subchapter V of chapter 55
of title 5, United States Code, is amended--
(1) in section 5544--
(A) by amending the section heading to read as
follows: ``wage-board overtime, sunday rates, and other
premium pay''; and
(B) by adding at the end the following:
``(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
(2) in section 5547(a), in the matter preceding paragraph
(1), by inserting ``5545c,'' after ``5545a,''.
(c) Clerical Amendments.--The table of sections for subchapter V of
chapter 55 of title 5, United States Code, is amended--
(1) by amending the item relating to section 5544 to read
as follows:
``5544. Wage-board overtime, Sunday rates, and other premium pay.'';
and
(2) by inserting after the item relating to section 5545b
the following:
``5545c. Incident response premium pay for employees engaged in
wildland firefighting.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first applicable pay period beginning on
or after October 1, 2023.
SEC. 4. REST AND RECUPERATION LEAVE FOR EMPLOYEES ENGAGED IN WILDLAND
FIREFIGHTING.
(a) 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).''.
(b) 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.''.
SEC. 5. TRANSFER AUTHORITY.
Notwithstanding section 40803(c)(2) of the Infrastructure
Investment and Jobs Act (16 U.S.C. 6592(c)(2)), not more than
$5,000,000 of the unobligated balances of amounts made available under
the heading ``wildland fire management'' under the heading ``Forest
Service'' under the heading ``DEPARTMENT OF AGRICULTURE'' in title VI
of division J of that Act (Public Law 117-58; 135 Stat. 1410) pursuant
to section 40803(c)(2)(B) of that Act (16 U.S.C. 6592(c)(2)(B)) may, as
necessary to continue uninterrupted the Federal wildland firefighter
base salary increase described in section 40803(d)(4)(B) of that Act
(16 U.S.C. 6592(d)(4)(B)), be transferred to and merged with the
amounts made available under the heading ``wildland fire management''
under the heading ``Department-wide Programs'' under the heading
``DEPARTMENT OF THE INTERIOR'' in title VI of division J of that Act
(Public Law 117-58; 135 Stat. 1393).
Calendar No. 205
118th CONGRESS
1st Session
S. 2272
[Report No. 118-97]
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide for special base rates
of pay for wildland firefighters, and for other purposes.
_______________________________________________________________________
September 11, 2023
Reported with an amendment