,,ii  #aahth ,,congress  #ast ,session  
,s4 #cbba  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #b1  
#bjbc,mr4 ,padilla 7for himself1 ,mr4   
,lujn1 ,mr4 ,daines1 ,mr4 ,tester1 ,ms4 
,rosen1 ,ms4 ,cortez ,masto1 and ,mr4   
,heinrich7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,homeland ,security
 and ,governmental ,affairs  ,a ,,bill  
,to amend title #e1 ,united ,states     
,code1 to establish a special limitation
 on pay for wildland fire responders1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,wildland ,firefighter ,fair ,pay ,act4 
#b4 ,special limitations on pay for     
wildland fire responders  7a7 ,in       
general ,subchapter ,v of chapter #ee of
 title #e1 ,united ,states ,code1 is    
amended-- 7#a7 in section #eeda7b77xi71 
by inserting 1 #eedg;a7h71 after section
 #eedd2 and  7#b7 by inserting after    
section #eedg the following3  #eedg;a4  
,special limitations on premium pay for 

employees engaged in wildland           
firefighting  7a7 ,definitions ,in this 
section-- 7#a7 the term covered employee
 means an employee of the ,forest       
,service1 the ,department of the        
,interior1 or the ,national ,weather    
,service who-- 7,a7 is a wildland       
firefighter2  7,b7 is an incident       
meteorologist accompanying a crew of    
wildland firefighters2  7,c7 is serving 
on an incident management team or at a  
wildland fire operations center2 or     
7,d7 is otherwise certified by the      
applicable agency to perform wildland   
fire incident related duties during the 
period that employee is assigned to a   
qualifying incident2  7#b7 the term     
covered services means services         
performed by an employee that are       
determined by the ,secretary of the     
,interior1 the ,secretary of            
,agriculture1 or the ,secretary of      
,commerce1 as applicable1 to primarily  
involve emergency wildfire suppression  
activities2  7#c7 the term emergency    

wildland fire suppression activities--  
7,a7 means initial-response and         
extended-response activities that       
directly relate to suppression of a     
wildfire2  7,b7 includes activities     
associated with a severity incident2 and
  7,c7 does not include activities      
associated with a prescribed fire       
incident2  7#d7 the term firefighter    
means an employee who-- 7,a7 is a       
firefighter within the meaning of       
section #hcca7ba7 or section #hdja7ad72 
7,b7 in the case of an employee who     
holds a supervisory or administrative   
position and is subject to subchapter   
,,iii of chapter #hc1 but who does not  
qualify to be considered a firefighter  
within the meaning of section #hcca7ba71
 would otherwise qualify if the employee
 had transferred directly to that       
position after serving as a firefighter 
within the meaning of that section2     
7,c7 in the case of an employee who     
holds a supervisory or administrative   
position and is subject to chapter #hd1 

but who does not qualify to be          
considered a firefighter within the     
meaning of section #hdja7ad71 would     
otherwise qualify if the employee had   
transferred directly to that position   
after performing duties described in    
section #hdja7ad77;,a7 for at least #c  
years2 or  7,d7 in the case of an       
employee who is not subject to          
subchapter ,,iii of chapter #hc or      
chapter #hd1 holds a position that the  
,office of ,personnel ,management       
determines would satisfy subparagraph   
7,a71 7,b71 or 7,c7 if the employee were
 subject to subchapter ,,iii of chapter 
#hc or chapter #hd2  7#e7 the term      
prescribed fire incident means a        
wildland fire originating from a planned
 ignition in accordance with applicable 
laws1 policies1 and regulations to meet 
specific objectives2  7#f7 the term     
premium pay means the premium pay paid  
under the provisions of law cited in    
section #eedg7;a71 except as otherwise  
provided in subsection 7g72  7#g7 the   

term qualifying incident-- 7,a7 means a 
wildfire incident1 a prescribed fire    
incident1 or a severity incident2 and   
7,b7 does not include an initial        
response incident involving a single    
operational period of less than #cf     
hours 7unless a longer period is        
approved by an authorized agency due to 
exceptional circumstances7 if the       
applicable employee is in continual work
 status with no designated sleep and    
rest period established by the agency2  
7#h7 the term severity incident means an
 incident in which a covered employee is
 pre-positioned in an area where        
conditions indicate there is a high risk
 of wildfires2  7#i7 the term wildfire  
incident-- 7,a7 means a wildland fire   
originating from an unplanned ignition1 
such as lightning1 volcanos1 or a       
human-caused fire2 and  7,b7 includes a 
prescribed fire that is declared to be a
 wildfire2 and  7#aj7 the term wildland 
firefighter means a firefighter-- 7,a7  
who is employed by the ,forest ,service 

or the ,department of the ,interior2 and
  7,b7 the duties of the position of    
whom primarily relate to fires occurring
 in forest lands1 range lands1 or other 
wildlands1 as opposed to structural     
fires4  7b7 ,treatment of premium pay   
,any premium pay earned by a covered    
employee for covered services shall be  
disregarded in calculating the aggregate
 of the basic pay and premium pay of the
 covered employee for purposes of       
applying a limitation under section     
#eedg4  7c7 ,treatment of disregarded   
premium pay ,any premium pay that is    
disregarded under subsection 7b7 shall  
be disregarded in calculating the       
aggregate pay of the applicable covered 
employee for purposes of applying the   
limitation in section #ecjg4  7d7       
,limitation  7#a7 ,in general ,pay that 
is disregarded under subsection 7b7 may 
not be paid to the extent that such pay 
would cause the aggregate of the basic  
pay1 premium pay1 and hazard pay of the 
applicable covered employee under       

section #eede7;d7 payable in the        
applicable calendar year to exceed the  
rate of basic pay payable for a position
 at level ,,ii of the ,executive        
,schedule under section #ecac1 as in    
effect at the end of that calendar year4
  7#b7 ,biweekly limitation ,for the    
purposes of paragraph 7#a71 any premium 
pay that is subject to a biweekly       
limitation under section #eedg7;c7 shall
 be paid first before other premium pay 
in applying the level ,,ii limitation4  
7e7 ,relationship to lump-,sum payment  
,any additional pay resulting from      
application of this section may not be  
used in computing a lump-sum payment for
 accumulated and accrued annual leave   
under section #eeea or #eeeb4  7f7      
,records ,the ,secretary of the         
,interior1 the ,secretary of            
,agriculture1 and the ,secretary of     
,commerce shall each maintain records   
that document uses of the authority     
provided under this section4  7g7       
,limitation for prevailing rate         

employees  7#a7 ,definitions ,in this   
subsection-- 7,a7 the term basic pay    
means wages1 environmental differential 
pay1 and night shift differential pay2  
and  7,b7 the term premium pay means    
overtime pay1 ,sunday premium pay1 and  
holiday premium pay4  7#b7 ,limitation  
,for a prevailing rate employee         
described in section #ecdb7;a77#b77;,a7 
who is a covered employee1 premium pay  
may not be paid to the extent that      
payment would cause the aggregate of the
 basic pay and premium pay of the       
covered employee in the applicable      
calendar year to exceed the rate of     
basic pay payable for a position at     
level ,,ii of the ,executive ,schedule  
under section #ecac1 as in effect at the
 end of that calendar year4  4  7b7     
,clerical amendment ,the table of       
sections for chapter #ee of title #e1   
,united ,states ,code1 is amended by    
inserting after the item for section    
#eedg the following3  #eedg;a4 ,special 
limitations on premium pay for employees

 engaged in wildland firefighting4  4   
7c7 ,disregarding of premium pay for    
certain purposes ,for the purpose of    
applying section #eedg of title #e1     
,united ,states ,code1 as carried out   
pursuant to the requirements of section 
#agja of division ,b of the ,extending  
,government ,funding and ,delivering    
,emergency ,assistance ,act 7#e         
,u4,s4,c4 #eedg note7 7as amended by    
section #fja of title ,,vi of division  
,,hh of the ,consolidated               
,appropriations ,act1 #bjbb and section 
#ddj of title ,,iv of division ,g of the
 ,consolidated ,appropriations ,act1    
#bjbc71 in calendar year #bjbc1 incident
 standby premium pay shall be included  
in premium pay that is subject to the   
limits established pursuant to those    
requirements1 as so amended4  7d7       
,effective dates  7#a7 ,in general ,the 
amendments made by subsections 7a7 and  
7b7 shall take effect on the first day  
of the first pay period that has a      
payment date in ,january #bjbd4  7#b7   

,disregarding of premium pay ,subsection
 7c7 shall take effect on the first day 
of the first applicable pay period      
beginning on or after ,october #a1      
#bjbc4  7e7 ,reports on hiring wildland 
firefighters and incident meterologists 
7#a7 ,definitions ,in this subsection3  
7,a7 ,relevant congressional committees 
defined ,the term relevant congressional
 committees means-- 7i7 the ,committee  
on ,homeland ,security and ,governmental
 ,affairs of the ,senate2  7ii7 the     
,committee on ,oversight and            
,accountability of the ,house of        
,representatives2  7iii7 the ,committee 
on ,appropriations of the ,senate2 and  
7iv7 the ,committee on ,appropriations  
of the ,house of ,representatives4  7,b7
 ,secretary concerned ,the term         
,secretary concerned means-- 7i7 the    
,secretary of ,agriculture2  7ii7 the   
,secretary of the ,interior2 and  7iii7 
the ,secretary of ,commerce4  7#b7      
,reports required ,not later than ,march
 #cj1 #bjbd1 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 congressional 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 or incident      
meteorologists 7as those terms are      
defined in section #eddg;a of title #e1 
,united ,states ,code1 as added by      
subsection 7a77 such that sufficient    
personnel resources are available       
throughout the year without causing     
those wildland firefighters or incident 
meteorologists to receive compensation1 
in a typical calendar year1 in excess of
 the annual rate for level ,,iv of the  
,executive ,schedule under section #ecae
 of title #e1 ,united ,states ,code4