[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5631 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5631
To reform and enhance the pay and benefits of Federal wildland
firefighters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 19, 2021
Mr. Neguse (for himself, Ms. Cheney, Ms. Porter, and Mr. Carbajal)
introduced the following bill; which was referred to the Committee on
Oversight and Reform, and in addition to the Committees on Natural
Resources, and Agriculture, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reform and enhance the pay and benefits of Federal wildland
firefighters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Tim Hart Wildland
Firefighter Classification and Pay Parity Act'' or ``Tim's Act''.
(b) Definitions.--In this Act:
(1) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(2) Federal wildland firefighter.--The term ``Federal
wildland firefighter'' means any temporary, seasonal, or
permanent position at the Department of Agriculture or the
Department of the Interior that maintains group, emergency
incident management, or fire qualifications, as established
annually by the Standards for Wildland Fire Position
Qualifications published by the National Wildfire Coordinating
Group, and primarily engages in or supports wildland fire
management activities, including forestry and rangeland
technicians and positions concerning aviation, engineering
heavy equipment operations, or fire and fuels management.
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior.
SEC. 2. FEDERAL WILDLAND FIREFIGHTER OCCUPATIONAL SERIES, PAY,
RECRUITMENT, AND RETENTION.
(a) Occupational Series.--
(1) Establishment; determination.--Not later than 1 year
after the date of enactment of this Act--
(A) the Director of the Office of Personnel
Management shall establish one or more classification
series (if one series, to be designated as the
``Wildland Firefighter Series'') for Federal wildland
firefighter positions; and
(B) the Secretaries shall determine each position
within the Department of Agriculture and the Department
of the Interior that qualifies as a Federal wildland
firefighter position.
(2) Election.--Any individual employed as a Federal
wildland firefighter in a covered 6C position (or any successor
position) on the date on which any classification series
established under paragraph (1) takes effect may elect--
(A) to remain in the occupational series in which
the individual is classified on that date; or
(B) to be transferred to any occupational series
established under paragraph (1).
(b) Pay.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, there is established a pay scale for
Federal wildland firefighter positions within any
classification series established under subsection (a). Under
such scale, the minimum rate of basic pay for any position
shall be not less than the rate of pay for step 3 of GS-6 of
the General Schedule, as adjusted by the pay locality
designated as ``Rest of U.S.'' under section 5304 of title 5,
United States Code.
(2) Annual adjustments.--Notwithstanding any other
provision of law, beginning in the first pay period beginning
on or after the date that the pay scale is established under
paragraph (1) and annually thereafter, the basic rate of pay
for each Federal wildland firefighter occupying a position
within such pay scale shall be increased by not less than the
percentage equal to the percent change in the Consumer Price
Index (all items--United States city average), published
monthly by the Bureau of Labor Statistics, for December of the
preceding year over such Consumer Price Index for the December
of the year prior to the preceding year, adjusted to the
nearest one-tenth of 1 percent.
(3) Compensation comparable to non-federal firefighters.--
Not later than 1 year after the date the pay scale is
established under paragraph (1), the Secretaries shall submit a
report to Congress on whether pay, benefits, and bonuses
provided to Federal wildland firefighters are comparable to the
pay, benefits, and bonuses provided for non-Federal
firefighters in the State or locality where Federal wildland
firefighters are based.
(4) Hazardous duty pay.--Each Federal wildland firefighter
in any classification series established under subsection (a)
carrying out work completed during prescribed fire,
parachuting, tree climbing over 20 feet, hazard tree removal,
and other hazardous work as identified by the Secretaries,
shall be entitled to be paid the appropriate differential under
section 5545(d) of title 5, United States Code, as if such
employee was covered by such subsection. The Director may
prescribe regulations to carry out this paragraph.
(c) Work Schedules.--
(1) In general.--Consistent with the requirements of this
subsection, the Director shall establish guidelines for work
schedules for positions within any classification series
established under subsection (a) to better account for regular
and overtime per workday, work performed when deployed on any
resource order, on-call duties, stand-by, travel to and from
assignment, and regular days off.
(2) Resource order.--
(A) In general.--When deployed on a resource order
under the Incident Resource Order Capability System (or
any successor system), a Federal wildland firefighter
shall be paid for the period beginning on the receipt
of such order and ending when the employee returns from
such deployment.
(B) Wages.--A Federal wildland firefighter shall
receive compensation for each hour of each 24-hour
period of such deployment, to include hours paid at
such firefighter's hourly rate of basic pay and hours
of such period paid at a rate equal to one and one-half
times such hourly rate of which all is premium pay.
(d) Other Matters.--
(1) Unpaid leave to care for family member.--A Federal
wildland firefighter not covered by the Family and Medical
Leave Act of 1993 or subchapter V of chapter 63 of title 5,
United States Code, shall be allowed a period of unpaid leave,
during each calendar year, not to exceed 180 days in order to
care for the spouse, or a son, daughter, or parent, of the
employee, if such spouse, son, daughter, or parent has a
serious health condition. Leave provided under this paragraph
shall not accumulate for use in subsequent years.
(2) Recruitment and retention bonus.--In order to promote
the recruitment and retention of Federal wildland firefighters,
the Director, in coordination with the Secretaries, shall
establish a program under which a recruitment or retention
bonus of not less than $1,000 may be paid to a Federal wildland
firefighter in an amount as determined appropriate by the
Director and the Secretaries. The minimum amount of such bonus
in the previous sentence shall be increased each year by the
Consumer Price Index in the manner prescribed under subsection
(b)(2). Any bonus under this subsection--
(A) shall be paid to any primary or secondary
Federal wildland firefighter upon the date that such
firefighter successfully completes a work capacity
test; and
(B) may not be paid to any such firefighter more
than once per calendar year.
(3) Housing allowance.--The Secretaries shall provide a
housing allowance to any Federal wildland firefighter deployed
to a location more than 50 miles from their primary residence.
Such allowance shall be in an amount determined appropriate by
the Secretaries and adjusted based on the cost of housing in
the area of deployment.
(4) Career transition.--
(A) In general.--Not later than one year after the
date of enactment of this Act, the Secretaries, shall
establish, maintain, coordinate, and operate a
voluntary tuition assistance program for Federal
wildland firefighters occupying a permanent position
that encompass a broad range of educational experiences
(either in-person or through distance-learning),
including academic skills development, vocational
programs, career and technical programs, and programs
leading to the award of undergraduate and graduate
degrees.
(B) Amount.--The program under subparagraph (A)
shall provide, not more than once during each calendar
year, a payment of not less than $4,000 to each Federal
wildland firefighter who elects to participate in the
program.
(C) Review.--The Secretaries shall conduct an
annual review of whether the amount provided under
subparagraph (B) is adequate, in consideration of
inflation and other effects.
SEC. 3. HEALTH PROVISIONS.
(a) Database; Recommendations.--Not later than one year after the
date of enactment of this Act, the Secretaries shall--
(1) establish and maintain a publicly accessible,
searchable database on a website, to be called the ``Federal
Wildland Firefighter Cancer and Cardiovascular Disease
Database'', to track chronic disease caused by on-the-job
environmental exposure over the lifetimes of current and former
Federal wildland firefighters;
(2) update such database not less than on a yearly basis;
and
(3) develop and adhere to recommendations on mitigation
strategies to minimize exposure to environmental hazards for
Federal wildland firefighters.
(b) Mental Health.--
(1) Mental health program.--Not later than January 1, 2023,
the Secretaries shall establish and carry out a program for
Federal wildland firefighters for mental health awareness and
support. Such program shall include--
(A) a mental health awareness campaign;
(B) a mental health education and training program
that includes an on-boarding curriculum;
(C) an extensive peer-to-peer mental health support
network for Federal wildland firefighters and their
immediate family;
(D) expanding the Critical Incident Stress
Management Program, developing and retaining a larger
pool of qualified mental health professionals who are
familiar with the experiences of the wildland
firefighting workforce, and monitoring and tracking
mental health in the profession to better understand
the scope of the issue and develop strategies to
assist; and
(E) establish and carry out a new and distinct
mental health support service specific to Federal
wildland firefighters and their immediate family, with
culturally relevant and trauma informed mental health
professionals who are readily available, and not
subject to any limit on the number of sessions or
service provided.
(2) Mental health leave.--Each Federal wildland firefighter
shall be entitled to 7 consecutive days of leave, without loss
or reduction in pay, during any calendar year. Leave provided
under this paragraph shall not--
(A) accumulate for use in succeeding years; and
(B) be considered to be annual or vacation leave
for purposes of section 5551 or 5552 of title 5, United
States Code, or for any other purpose.
(c) Coordination.--In carrying out subsections (a) and (b), the
Secretaries may enter into partnerships or cooperative agreements with
other Federal agencies, universities, or non-profit institutions.
(d) Workers' Compensation Presumption Relating to Federal Wildland
Firefighters.--
(1) In general.--Section 8102 of title 5, United States
Code, is amended by adding at the end the following:
``(c)(1) With regard to any employee who is a Federal wildland
firefighter (as that term is defined in section 1(b) of the Tim Hart
Wildland Firefighter Classification and Pay Parity Act), a disease
specified in paragraph (3) shall be presumed to be proximately caused
by the employment of such employee, subject to the length of service
requirements specified. The disability or death of such an employee to
such a disease shall be presumed to result from personal injury
sustained while in the performance of such employee's duty. Such
presumptions may be rebutted by a preponderance of the evidence from
the employing agency.
``(2) Such presumptions apply only if the employee in fire
protection activities is diagnosed with the disease for which
presumption is sought within 10 years of the last active date of
employment as an employee in fire protection activities.
``(3) The following diseases shall be presumed to be proximately
caused by the employment of the employee if the employee has been
employed for a minimum of 5 years in aggregate as an employee in fire
protection activities:
``(A) Heart disease.
``(B) Lung disease.
``(C) The following cancers:
``(i) Brain cancer.
``(ii) Cancer of the blood or lymphatic systems.
``(iii) Bladder cancer.
``(iv) Kidney cancer.
``(v) Testicular cancer.
``(vi) Cancer of the digestive system.
``(vii) Skin cancer.
``(viii) Cancer of the respiratory system.
``(ix) Breast cancer.
``(D) Any other cancer the contraction of which the
Secretary of Labor through regulations determines to be related
to the hazards to which an employee may be subject.''.
(2) Application.--The amendments made by this section shall
apply to a covered disability or death that occurs on or after
the date of the enactment of this Act.
SEC. 4. RETIREMENT FOR FIREFIGHTERS.
(a) Continuation of Firefighters Pension Coverage in Case of
Disability.--
(1) FERS.--
(A) In general.--Section 8412(d) of title 5, United
States Code, is amended--
(i) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively;
(ii) by inserting ``(1)'' before ``An
employee''; and
(iii) by adding at the end the following:
``(2)(A) The term `affected individual' means an individual
covered under this chapter who--
``(i) is performing service in a
firefighter position;
``(ii) while on duty, becomes ill or is
injured as a direct result of the performance
of such duties before the date on which the
individual becomes entitled to an annuity under
paragraph (1) of this subsection or subsection
(e), as applicable;
``(iii) because of the illness or injury
described in clause (ii), is permanently unable
to render useful and efficient service in the
employee's firefighter position, as determined
by the agency in which the individual was
serving when such individual incurred the
illness or injury; and
``(iv) is appointed to a position in the
civil service that--
``(I) is not a firefighter
position; and
``(II) is within an agency that
regularly appoints individuals to
supervisory or administrative positions
related to the activities of the former
firefighter position of the individual.
``(B) Unless an affected individual files an
election described in subparagraph (E), creditable
service by the affected individual in a position
described in subparagraph (A)(iv) shall be treated as
creditable service in a firefighter position for
purposes of this chapter and determining the amount to
be deducted and withheld from the pay of the affected
individual under section 8422.
``(C) Subparagraph (B) shall only apply if the
affected employee transitions to a position described
in subparagraph (A)(iv) without a break in service
exceeding 3 days.
``(D) The service of an affected individual shall
no longer be eligible for treatment under subparagraph
(B) if such service occurs after the individual--
``(i) is transferred to a supervisory or
administrative position related to the
activities of the former firefighter position
of the individual; or
``(ii) meets the age and service
requirements that would subject the individual
to mandatory separation under section 8425 if
such individual had remained in the former
firefighter position.
``(E) In accordance with procedures established by
the Director of the Office of Personnel Management, an
affected individual may file an election to have any
creditable service performed by the affected individual
treated in accordance with this chapter without regard
to subparagraph (B).
``(F) Nothing in this paragraph shall be construed
to apply to such affected individual any other pay-
related laws or regulations applicable to a firefighter
position.''.
(B) Technical and conforming amendments.--Chapter
84 of title 5, United States Code, is amended--
(i) in section 8414(b)(3), by inserting
``(1)'' after ``subsection (d)'';
(ii) in section 8415--
(I) in subsection (e), in the
matter preceding paragraph (1), by
inserting ``(1)'' after ``subsection
(d)''; and
(II) in subsection (h)(2)(A), by
striking ``(d)(2)'' and inserting
``(d)(1)(B)'';
(iii) in section 8421(a)(1), by inserting
``(1)'' after ``(d)'';
(iv) in section 8421a(b)(4)(B)(ii), by
inserting ``(1)'' after ``section 8412(d)'';
(v) in section 8425, by inserting ``(1)''
after ``section 8412(d)'' each place it
appears; and
(vi) in section 8462(c)(3)(B)(ii), by
inserting ``(1)'' after ``subsection (d)''.
(2) Implementation.--
(A) Regulations.--Not later than 1 year after the
date of enactment of this Act, the Director shall
promulgate regulations to carry out the amendments made
by paragraph (2). Such regulations--
(i) shall include a requirement that the
head of the agency at which an affected
employee incurred the applicable illness or
injury certifies that such illness or injury--
(I) was incurred in the course of
the employee's duties; and
(II) permanently precludes the
employee from rendering useful and
efficient service in a firefighter
position but would not preclude the
employee or special agent from
continuing to serve in the Federal
service; and
(ii) shall ensure--
(I) that, to the greatest extent
possible, the head of each agency
appoints affected employees to
supervisory or administrative positions
related to the activities of the former
firefighter position of the employee;
and
(II) that the creditable service of
an affected employee that is not in a
firefighter position pursuant to an
election made under such amendments
shall be treated as the same type of
service as the firefighter position in
which the employee suffered the
qualifying illness or injury.
(B) Application.--The amendments made by this
section shall apply to an individual who suffers an
illness or injury described in section
8412(d)(2)(A)(i)(II) of title 5, United States Code, as
amended by this subsection, on or after the date that
is 2 years after the date of enactment of this Act.
(b) Deposit Service.--Notwithstanding any other provision of law,
any service performed by an individual as a Federal wildland
firefighter on or after January 1, 1989, for which retirement
deductions under chapter 84 of title 5, United States Code, have not
been made shall be creditable under such chapter, but only if such
firefighter--
(1) submits a written election to the Director; and
(2) the deposit requirements of section 8411(f) of such
title had been met with respect to such service.
(c) Disability Annuity.--Beginning on the date of enactment of this
Act, any Federal wildland firefighter who suffers from a disease
described in section 8102(c)(3) of title 5, United States Code (as
added by section 3(d) of this Act), due to environmental job-related
exposure, including smoke inhalation, silicate inhalation, and
firefighting chemical exposure, shall be considered to be disabled for
purposes of section 8451 of such title. Such section 8451 shall be
applied to any such firefighter by substituting ``12 months'' for ``18
months''.
(d) Including Overtime as Basic Pay.--Section 8331(3) of title 5,
United States Code, is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by inserting ``and'' after the
semicolon;
(3) by inserting after subparagraph (I) the following:
``(J) with respect to a Federal wildland
firefighter (as that term is defined in section 1(b) of
the Tim Hart Wildland Firefighter Classification and
Pay Parity Act), overtime pay received on or after the
date of enactment of this subparagraph;''; and
(4) in the undesignated matter following subparagraph (J)
(as added by paragraph (3)), by striking ``subparagraphs (B)
through (I) of this paragraph'' and inserting ``subparagraphs
(B) through (J) of this paragraph,''.
(e) Separate Normal-Cost Percentage.--Section 8423(a)(1)(B)(i) of
title 5, United States Code, is amended by inserting after
``firefighters,'' the following: ``Federal wildland firefighter (as
that term is defined in section 1 of the Tim Hart Wildland Firefighter
Classification and Pay Parity Act),''.
SEC. 5. PAY PARITY FOR FEDERAL STRUCTURAL FIREFIGHTERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, any pay, benefits, and bonuses provided to any Federal
structural firefighter shall be comparable with the pay, benefits, and
bonuses provided for Federal wildland firefighters under this Act. Not
later than 1 year after the date the pay scale is established under
section 2(b)(1), the Director shall submit a report to Congress on
whether pay for such Federal structural firefighters is competitive
with Federal wildland firefighters.
(b) Federal Structural Firefighter Defined.--In this section, the
term ``Federal structural firefighter''--
(1) has the meaning given the term ``firefighter'' in
section 8401 of chapter 84 of title 5, United States Code; and
(2) does not include any Federal wildland firefighter.
<all>