Emergency response activities

(a) Definitions In this section: (1) Basic pay The term basic pay includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. (2) Covered employee The term covered employee means an employee of the Department of Commerce, the Department of Agriculture, or the Department of the Interior. (3) Covered services The term covered services means services that are performed by a covered employee while serving— (A) as a wildland firefighter or a fire management response official, including a regional fire director, a deputy regional fire director, and a fire management officer; (B) as an incident meteorologist accompanying a wildland firefighter crew; or (C) on an incident management team, at the National Interagency Fire Center, at a Geographic Area Coordinating Center, or at an operations center. (4) Premium pay The term premium pay means premium pay paid under a provision of law described in the matter preceding paragraph (1) of section 5547(a) of title 5, United States Code. (5) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Homeland Security and Governmental Affairs 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 Energy and Natural Resources of the Senate; (F) the Committee on Oversight and Government Reform of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; (H) the Committee on Science, Space, and Technology of the House of Representatives; (I) the Committee on Agriculture of the House of Representative; and (J) the Committee on Appropriations of the House of Representatives. (6) Secretary concerned The term Secretary concerned means— (A) the Secretary of Commerce, with respect to an employee of the Department of Commerce; (B) the Secretary of Agriculture, with respect to an employee of the Department of Agriculture; and (C) the Secretary of the Interior, with respect to an employee of the Department of the Interior. (b) Waiver (1) In general Any premium pay received by a covered employee for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the covered employee for purposes of applying the limitation on premium pay under section 5547(a) of title 5, United States Code. (2) Calculation of aggregate pay Any pay that is disregarded under paragraph (1) shall be disregarded in calculating the aggregate pay of the applicable covered employee for purposes of applying the limitation under section 5307 of title 5, United States Code, during calendar year 2025. (3) Limitation A covered employee may not be paid premium pay under this subsection if, or to the extent that, the aggregate 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 payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year. (4) 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 purpose, that additional premium pay shall not be— (A) considered to be basic pay of the covered employee for any purpose; or (B) 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. (5) Effective period This subsection shall be in effect during calendar year 2025 and apply to premium pay payable during that year. (c) Amendment Section 5542(a)(5) of title 5, United States Code, is amended by inserting, the Department of Commerce, after Interior. (d) Plan To address needs (1) Development and implementation Not later than March 30, 2026, the Secretaries referred to in subsection (a)(6), in consultation with the Director of the Office of Management and Budget and the Director of the Office of Personnel Management, shall jointly develop and implement a plan that addresses the needs of the Department of Commerce, the Department of Agriculture, and the Department of the Interior, as applicable, to hire, appoint, promote, or train additional covered employees who carry out covered services such that sufficient covered employees are available throughout each fiscal year, beginning in fiscal year 2026, without the need for waivers of premium pay limitations. (2) Submittal Not later than 30 days before the date on which the Secretaries implement the plan developed under paragraph (1), the Secretaries shall submit the plan to the relevant congressional committees. (3) Limitation The plan developed under paragraph (1) shall not be contingent on any Secretary receiving amounts appropriated for fiscal years beginning in fiscal year 2026 in amounts greater than amounts appropriated for fiscal year 2024. (e) Policies and procedures for health, safety, and well-Being The Secretary concerned shall maintain policies and procedures to promote the health, safety, and well-being of covered employees.

(a) Definitions In this section: (1) Basic pay The term basic pay includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. (2) Covered employee The term covered employee means an employee of the Department of Commerce, the Department of Agriculture, or the Department of the Interior. (3) Covered services The term covered services means services that are performed by a covered employee while serving— (A) as a wildland firefighter or a fire management response official, including a regional fire director, a deputy regional fire director, and a fire management officer; (B) as an incident meteorologist accompanying a wildland firefighter crew; or (C) on an incident management team, at the National Interagency Fire Center, at a Geographic Area Coordinating Center, or at an operations center. (4) Premium pay The term premium pay means premium pay paid under a provision of law described in the matter preceding paragraph (1) of section 5547(a) of title 5, United States Code. (5) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Homeland Security and Governmental Affairs 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 Energy and Natural Resources of the Senate; (F) the Committee on Oversight and Government Reform of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; (H) the Committee on Science, Space, and Technology of the House of Representatives; (I) the Committee on Agriculture of the House of Representative; and (J) the Committee on Appropriations of the House of Representatives. (6) Secretary concerned The term Secretary concerned means— (A) the Secretary of Commerce, with respect to an employee of the Department of Commerce; (B) the Secretary of Agriculture, with respect to an employee of the Department of Agriculture; and (C) the Secretary of the Interior, with respect to an employee of the Department of the Interior. (b) Waiver (1) In general Any premium pay received by a covered employee for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay for the covered employee for purposes of applying the limitation on premium pay under section 5547(a) of title 5, United States Code. (2) Calculation of aggregate pay Any pay that is disregarded under paragraph (1) shall be disregarded in calculating the aggregate pay of the applicable covered employee for purposes of applying the limitation under section 5307 of title 5, United States Code, during calendar year 2025. (3) Limitation A covered employee may not be paid premium pay under this subsection if, or to the extent that, the aggregate 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 payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of that calendar year. (4) 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 purpose, that additional premium pay shall not be— (A) considered to be basic pay of the covered employee for any purpose; or (B) 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. (5) Effective period This subsection shall be in effect during calendar year 2025 and apply to premium pay payable during that year. (c) Amendment Section 5542(a)(5) of title 5, United States Code, is amended by inserting, the Department of Commerce, after Interior. (d) Plan To address needs (1) Development and implementation Not later than March 30, 2026, the Secretaries referred to in subsection (a)(6), in consultation with the Director of the Office of Management and Budget and the Director of the Office of Personnel Management, shall jointly develop and implement a plan that addresses the needs of the Department of Commerce, the Department of Agriculture, and the Department of the Interior, as applicable, to hire, appoint, promote, or train additional covered employees who carry out covered services such that sufficient covered employees are available throughout each fiscal year, beginning in fiscal year 2026, without the need for waivers of premium pay limitations. (2) Submittal Not later than 30 days before the date on which the Secretaries implement the plan developed under paragraph (1), the Secretaries shall submit the plan to the relevant congressional committees. (3) Limitation The plan developed under paragraph (1) shall not be contingent on any Secretary receiving amounts appropriated for fiscal years beginning in fiscal year 2026 in amounts greater than amounts appropriated for fiscal year 2024. (e) Policies and procedures for health, safety, and well-Being The Secretary concerned shall maintain policies and procedures to promote the health, safety, and well-being of covered employees.