I 
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 Re-
form, and in addition to the Committees on Natural Resources, and Agri-
culture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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 Representa-
tives 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’’. 
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SEC. 2. WAIVER OF PREMIUM PAY LIMITATIONS FOR DE-
PARTMENT OF AGRICULTURE, DEPARTMENT 
OF THE INTERIOR, AND DEPARTMENT OF 
COMMERCE EMPLOYEES ENGAGED IN EMER-
GENCY WILDLAND FIRE SUPPRESSION AC-
TIVITIES. 
(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 em-
ployee that are determined by the Secretary con-
cerned 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 ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to an employee of the Department of Ag-
riculture; 
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(B) the Secretary of the Interior, with re-
spect to an employee of the Department of the 
Interior; and 
(C) the Secretary of Commerce, with re-
spect to an employee of the Department of 
Commerce. 
(b) WAIVER
OF PREMIUM PAY PERIOD LIMITA-
TION.—Any premium pay for covered services shall be dis-
regarded in calculating the aggregate of the basic pay and 
premium pay for the applicable covered employee for pur-
poses 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 LIMITA-
TION.—Any premium pay for covered services shall be dis-
regarded in calculating any annual limitation on the 
amount of overtime pay payable in a calendar year or fis-
cal 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 aggre-
gate 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 pay-
able for a position at level II of the Executive Schedule 
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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 amend-
ment 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 
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of Agriculture shall each separately submit to the Com-
mittee on Agriculture, Nutrition, and Forestry and the 
Committee on Homeland Security and Governmental Af-
fairs 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, in-
cluding— 
(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 in-
crease suppression capacity and be utilized during 
periods of low wildfire activity in support of addi-
tional hazardous fuels reduction, including pre-
scribed 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; 
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