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S. 135IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 135

Special base rates of pay for wildland firefighters

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(a) In general Subchapter III of chapter 53 of title 5, United States Code, is amended by inserting after section 5332 the following: 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 after the last day of the last pay period for which Federal wildland firefighter temporary salary increases were in effect, as originally authorized under section 40803(d)(4)(B) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(d)(4)(B)) and as extended under the Consolidated Appropriations Act, 2024 (Public Law 118–42; 138 Stat. 25), the Continuing Appropriations Act, 2025 (division A of Public Law 118–83; 138 Stat. 1524), and the Further Continuing Appropriations Act, 2025 (division A of Public Law 118–158).