,,ii ,calendar ,no4 #dja #aagth ,,congress #b;d ,session ,s4 #ach ,report ,no4 #aag-aai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bh1 #bjba,mrs4 ,feinstein 7for herself1 ,mr4 ,padilla1 ,mr4 ,daines1 ,ms4 ,rosen1 ,mr4 ,wyden1 and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,june #i1 #bjbb,reported by ,mr4 ,peters1 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 activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,wildland ,firefighter ,fair ,pay ,act4 #b4 ,waiver of premium pay limitations for ,department of ,agriculture and ,department of the ,interior employees engaged in emergency wildland fire suppression activities 7a7 ,definitions ,in this section3 7#a7 ,covered employee ,the term covered employee means an employee of the ,department of ,agriculture or the ,department of the ,interior4 7#b7 ,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 activities4 7#c7 ,premium pay ,the term premium pay means the premium pay paid under the provisions of law described in section #eedg7;a7 of title #e1 ,united ,states ,code4 7#d7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to an employee of the ,department of ,agriculture2 and 7,b7 the ,secretary of the ,interior1 with respect to an employee of the ,department of the ,interior4 7b7 ,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 #eedg7;a7 of title #e1 ,united ,states ,code1 or under any other provision of law4 7c7 ,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 #eedg7;b7 of title #e1 ,united ,states ,code4 7d7 ,pay limitation ,a covered employee may not be paid premium pay if1 or to the extent that1 the aggregate amount of the basic pay and premium pay 7including premium pay for covered services7 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 #ecac of title #e1 ,united ,states ,code1 as in effect at the end of that calendar year4 7e7 ,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 purpose1 that additional premium pay shall not be-- 7#a7 considered to be basic pay of the covered employee for any purpose2 or 7#b7 used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section #eeea or #eeeb of title #e1 ,united ,states ,code4 7f7 ,overtime rates ,section #eedb7;a77#e7 of title #e1 ,united ,states ,code1 is amended by striking the ,united ,states ,forest ,service in4 7g7 ,effective date ,this section and the amendment made by this section shall take effect as if enacted on ,january #a1 #bjbj4 #a4 ,short title ,this ,act may be cited as the ,wildland ,firefighter ,fair ,pay ,act4 #b4 ,waiver of premium pay limitations for ,department of ,agriculture1 ,department of the ,interior1 and ,national ,weather ,service employees engaged in emergency wildland fire suppression activities 7a7 ,definitions ,in this section3 7#a7 ,basic pay ,the term basic pay includes any applicable locality-based comparability payment under section #ecjd of title #e1 ,united ,states ,code1 any applicable special rate supplement under section #ecje of that title1 and any equivalent payment under a similar provision of law4 7#b7 ,covered employee ,the term covered employee means an employee of the ,department of ,agriculture1 the ,department of the ,interior1 or the ,national ,weather ,service4 7#c7 ,covered services ,the term covered services means services performed by a covered employee-- 7,a7 serving as a wildland firefighter or a fire management response official1 including a regional fire director1 a deputy regional fire director1 an agency official who directly oversees fire operations1 and a fire management officer2 7,b7 serving as an incident meteorologist accompanying a wildland firefighter crew2 or 7,c7 serving on an incident management team1 at the ,national ,interagency ,fire ,center1 at a ,geographic ,area ,coordinating ,center1 or at an operations center4 7#d7 ,premium pay ,the term premium pay means the premium pay paid under the provisions of law described in section #eedg7;a7 of title #e1 ,united ,states ,code4 7#e7 ,relevant committees ,the term relevant committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 7,c7 the ,committee on ,appropriations of the ,senate2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 7#f7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to an employee of the ,department of ,agriculture2 7,b7 the ,secretary of the ,interior1 with respect to an employee of the ,department of the ,interior2 and 7,c7 the ,secretary of ,commerce1 with respect to an employee of the ,national ,weather ,service4 7b7 ,waivers of premium pay limitation 7#a7 ,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 #eedg of title #e1 ,united ,states ,code1 or under any other provision of law4 7#b7 ,calculation of aggregate pay ,any pay that is disregarded under paragraph 7#a7 shall be disregarded in calculating the aggregate pay of the applicable covered employee for purposes of applying the limitation under section #ecjg of title #e1 ,united ,states ,code1 during calendar year #bjbb4 7#c7 ,pay limitation ,a covered employee may not be paid premium pay under this subsection if1 or to the extent that1 the aggregate amount of the basic pay and premium pay 7including premium pay for covered services7 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 #ecac of title #e1 ,united ,states ,code1 as in effect at the end of that calendar year4 7#d7 ,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 purpose1 that additional premium pay shall not be-- 7,a7 considered to be basic pay of the covered employee for any purpose2 or 7,b7 used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section #eeea or #eeeb of title #e1 ,united ,states ,code4 7#e7 ,effective period ,this subsection shall be in effect during calendar year #bjbb and apply to premium pay payable during that year4 7c7 ,submission of plan ,not later than ,march #cj1 #bjbb1 each ,secretary concerned1 in consultation with the ,director of the ,office of ,management and ,budget and the ,director of the ,office of ,personnel ,management1 shall submit to the relevant committees a plan that addresses the needs of the ,department of ,agriculture1 the ,department of the ,interior1 or the ,national ,weather ,service1 as applicable1 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 limitations4 ,june #i1 #bjbb,reported with an amendment