118 HR 3499 IH: Direct Hire To Fight Fires
U.S. House of Representatives
2023-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 3499
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Issa (for himself and Mr. LaMalfa) introduced the following bill; which was referred to the Committee on Oversight and Accountability, 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 amend title 5, United States Code, to provide direct hire authority to appoint individuals to Federal wildland firefighting and firefighting support positions in the Forest Service or the Department of the Interior, and for other purposes.
1.

Short title
This Act may be cited as the “Direct Hire To Fight Fires”.
2.

Findings
Congress finds the following:
(1)
Veterans are an appreciated and sought after population for positions within the Forest Service and in the positions contained in this Act.
(2)
Veterans deserve expedited hiring and employment.
(3)
In fiscal year 2020, the use of the Fire Direct Hire Authority (“DHA”) was on average 31 days compared to non-use of the Fire DHA at 51 days and overall Forest Service (“FS”) hiring at 65 days.
(4)
In fiscal year 2021, the use of the Fire DHA was on average 40 days compared to non-use of Fire DHA at 94 days and overall FS hiring at 73 days.
(5)
In fiscal year 2022, the use of the Fire DHA was on average 58 days compared to non-use of Fire DHA at 96 days and overall FS hiring at 104 days.
(6)
In fiscal year 2020, the number of days from authorization to employee entry on duty averaged 55 days with the use of the Fire DHA compared to non-use of the Fire DHA at 103 days and overall FS hiring at 92 days.
(7)
In fiscal year 2021, the number of days from authorization to employee entry on duty averaged 57 days with the use of the Fire DHA compared to non-use of the Fire DHA at 105 days and overall FS hiring at 94 days.
(8)
In fiscal year 2022, the number of days from authorization to employee entry on duty averaged 101 days with the use of the Fire DHA compared to non-use of the Fire DHA at 139 days and overall FS hiring at 146 days.
3.

Direct hire authority to appoint individuals to Federal wildland firefighting and firefighting support positions in the Forest Service or the Department of the Interior
(a)

In general
Chapter 96 of title 5, United States Code, is amended by adding at the end the following:
“9603.

Direct hire authority to appoint individuals to Federal wildland firefighting and firefighting support positions in Forest Service and Department of the Interior
(a)

In general
The Secretary of Agriculture and the Secretary of the Interior may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code (other than sections 3303 and 3328 of such chapter), and part 211 and part 337 of subpart A of title 5, Code of Federal Regulations, qualified candidates to any position described in subsection (b) in the Forest Service or the Department of the Interior, respectively.
(b)

Positions
A position described in this subsection is any Federal wildland firefighting position, or any position in support of such firefighting position, within any of the following occupational series (or any successor series):
(1)
Forestry Technician Series, GS–0462.
(2)
Aircraft Operation Series, GS–2181.
(3)
Miscellaneous Administration and Program Series, GS–0301, that supports firefighting and is eligible for primary or secondary firefighter retirement coverage.
(4)
General Natural Resources Management and Biological Sciences Series, GS–0401, that supports firefighting and is eligible for primary or secondary firefighter retirement coverage.
(5)
Aviation Management Specialist Series, GS–2101.
(6)
Engineering Equipment Operator, WG, WL, or WS–5716, that supports firefighting and is eligible for primary or secondary firefighter retirement coverage.
(7)
Dispatching Series, GS–2151, that supports firefighting and is eligible for primary or secondary firefighter retirement coverage.
(8)
Equipment Specialist, GS–1670.
(9)
Any additional occupational series developed specifically for wildland firefighting.”.
(b)

Clerical amendment
The table of sections for such chapter is amended by adding after the item relating to section 9602 the following:
“9603. Direct hire authority to appoint individuals to Federal wildland firefighting and firefighting support positions in Forest Service and Department of the Interior.”.
4.

Streamlining and transparency in Federal Wildland Firefighting Hiring At the Forest Service and the Department of the Interior
(a)

Streamlined hiring
Not later than 1 year after the date of enactment of this Act, the Secretaries, in consultation with the Director of the Office of Personnel Management, shall implement policies to recruit and retain wildland firefighters that—
(1)
reduce the amount of time required to hire wildland firefighters and wildland firefighting support personnel;
(2)
address and eliminate redundancies in the Federal hiring process for wildland firefighters and wildland firefighting support personnel;
(3)
streamline the process for hiring wildland firefighters and wildland firefighting support personnel who were employed by the agencies in prior years; and
(4)
reduce barriers for wildland firefighters transferring between agencies.
(b)

Transparency
(1)

In general
Beginning 1 year after the date of the enactment of this Act and annually thereafter, the Secretaries shall each submit a report to the relevant Congressional Committees that includes the information described in paragraph (2) no later than February 1st of each calendar year.
(2)

Requirements
As part of the report submitted under paragraph (1), the Secretaries shall include information regarding—
(A)
the number of wildland firefighters and wildland firefighting support personnel the agency anticipates it will need for that calendar year, delineated by position;
(B)
the number of hiring events the agency is planning to hold that calendar year;
(C)
the number of wildland firefighters and wildland firefighting support personnel currently employed by the agency, delineated by position;
(D)
the number of wildland firefighting vacancies by State;
(E)
any barriers the agency is facing to meet the hiring goal outlined in subsection (a);
(F)
the implementation of the direct hiring authority provided in section 3 of this Act;
(G)
the implementation of the streamlined hiring policies developed under subsection (a); and
(H)
recommendations to Congress to further improve the recruitment and retention of wildland firefighters and wildland firefighting support personnel.
(3)

Public availability
The Secretaries shall each annually publish the report submitted under paragraph (1) on a publicly available website.
(4)

Definitions
In this section:
(A)

Agency
The term agency means—
(i)
the Forest Service, with respect to National Forest System lands; and
(ii)
the Department of the Interior, with respect to lands under the jurisdiction of the Secretary of the Interior.
(B)

Relevant congressional committees
The term relevant Congressional Committees means—
(i)
the Committees on Agriculture and Natural Resources of the House of Representatives; and
(ii)
the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate.
(C)

Secretaries
The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior.