[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3614 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3614
To establish fair labor standards, occupational safety protections, and
post-incarceration career opportunities for incarcerated individuals
engaged in firefighting and to provide previously incarcerated
firefighters an opportunity to expunge records of disposition after
successful completion of court-imposed probation, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2025
Ms. Kamlager-Dove (for herself, Mr. Moore of Alabama, Mr. Rutherford,
Mr. Ivey, Ms. Norton, and Mrs. McIver) introduced the following bill;
which was referred to the Committee on Education and Workforce, and in
addition to the Committee on the Judiciary, 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 establish fair labor standards, occupational safety protections, and
post-incarceration career opportunities for incarcerated individuals
engaged in firefighting and to provide previously incarcerated
firefighters an opportunity to expunge records of disposition after
successful completion of court-imposed probation, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fairness,
Inclusion, Rehabilitation, and Expungement for Incarcerated
Firefighters Act'' or the ``FIRE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Coverage of incarcerated firefighters under the Occupational
Safety and Health Act of 1970.
Sec. 3. Coverage of incarcerated firefighters under the Fair Labor
Standards Act of 1938.
Sec. 4. Incentives for States to enact protections for incarcerated
firefighters.
Sec. 5. Grants to assist States in covering incarcerated firefighters.
Sec. 6. Incarcerated firefighter reentry program grants.
Sec. 7. Expungement of certain offenses.
SEC. 2. COVERAGE OF INCARCERATED FIREFIGHTERS UNDER THE OCCUPATIONAL
SAFETY AND HEALTH ACT OF 1970.
(a) Definition of Correctional Facility.--Section 3 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 652) is amended
by adding at the end the following:
``(15) The term `correctional facility' has the meaning
given the term in section 3(aa) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203)(aa).''.
(b) State Plans.--Section 18 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 667) is amended--
(1) in subsection (c)--
(A) in paragraph (6), by inserting, ``including
incarcerated firefighters as defined in section 3(z) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203)(z),'' after ``political subdivisions,''; and
(B) in paragraph (7)--
(i) by striking ``(7) requires'' and
inserting ``(7)(A) requires''; and
(ii) by adding at the end the following:
``(B) requires the State to ensure that any public
agency of the State (or of a political subdivision of
the State) operating a correctional facility or
contracting with a private entity to operate such a
facility, shall, not later than 2 years after the date
of enactment of the FIRE Act, and every year
thereafter, submit to the Attorney General and Congress
a report on--
``(i) the workplace safety and health
conditions at each such facility, and
``(ii) any potential noncompliance of each
such facility with the safety and health
standards under the State plan, and''.
(c) Federal Prisons.--Section 19 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 668) is amended by adding at the end the
following:
``(e) Bureau of Prisons.--
``(1) In general.--The Director of the Bureau of Prisons
shall--
``(A) ensure that the occupational safety and
health program established and maintained by the
Director under subsection (a) applies with respect to
incarcerated firefighters in the same manner as the
program applies to employees of the Bureau of Prisons;
and
``(B) submit, not later than 2 years after the date
of enactment of the FIRE Act, and every year
thereafter, to the Attorney General and Congress, a
report on--
``(i) the workplace safety and health
conditions at any correctional facility
operated by the Bureau of Prisons or a private
entity contracting with the Bureau of Prisons;
``(ii) any injury or death of any employee
or incarcerated firefighter while performing
labor with respect to such facility; and
``(iii) any potential noncompliance of any
such facility of such occupational safety and
health program.
``(2) Incarcerated firefighter.--In this section, the term
`incarcerated firefighter' means an individual who is
incarcerated in a correctional facility operated by the Bureau
of Prisons or facilitated or operated by a private entity
through a contract with the Bureau of Prisons and who performs
firefighting or emergency response services work offered or
required by or through the correctional facility, including
work associated with prison work programs, work release
programs, public works programs, restitution centers,
correctional facility operations and maintenance, or private
entities.''.
SEC. 3. COVERAGE OF INCARCERATED FIREFIGHTERS UNDER THE FAIR LABOR
STANDARDS ACT OF 1938.
Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203)
is amended--
(1) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (C)(ii)(V), by
striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(D) any individual employed as an incarcerated
firefighter by a public agency that operates the
correctional facility in which such individual is
incarcerated or detained.''; and
(B) by adding at the end the following:
``(6) The term `employee' includes any individual employed
as an incarcerated firefighter by a private entity that
operates, through a contract with a public agency, the
correctional facility in which such individual is incarcerated
or detained.'';
(2) in subsection (m)(1), by striking ``any employee.'' and
inserting ``any employee: Provided further, That, in the case
of an employee who is an incarcerated firefighter, the cost of
board, lodging, or other facilities and any amount taken from
amounts paid such incarcerated firefighter for payment of a
court-imposed fee shall not be included in the wage paid to
such employee.''; and
(3) by adding at the end the following:
``(z)(1) The term `incarcerated firefighter' means an individual
who is incarcerated in a correctional facility operated by a public
agency or facilitated or operated by a private entity through a
contract with a public agency and who performs firefighting or
emergency response services work offered or required by or through the
correctional facility, including work associated with prison work
programs, work release programs, State prison industries, public works
programs, restitution centers, correctional facility operations and
maintenance, or private entities.
``(2) An incarcerated firefighter shall be considered
employed by--
``(A) the public agency operating the correctional
facility in which the individual is incarcerated or
detained; or
``(B) in a case in which the individual is
incarcerated or detained in a correctional facility
operated by a private entity through a contract with a
public agency, such private entity.
``(aa) `Correctional facility' means a jail, prison, or other
detention facility used to house people who have been arrested,
detained, held, or convicted by a criminal justice agency or a court.
``(bb)(1) `Court-imposed fee' means any fee imposed by a court as a
result of a criminal conviction, including any surcharge imposed for a
felony or misdemeanor conviction, a criminal justice administrative
fee, a court-appointed attorney fee, a court clerk fee, a filing clerk
fee, a DNA database fee, a jury fee, a crime lab analysis fee, a late
fee, an installment fee, or any other court cost.
``(2) The term `court-imposed fee' does not include any
amount required by a court to be paid for child support, to a
crime victim compensation fund, for a civil judgment, or for a
criminal fine.''.
SEC. 4. INCENTIVES FOR STATES TO ENACT PROTECTIONS FOR INCARCERATED
FIREFIGHTERS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended--
(1) in section 501 (34 U.S.C. 10152), by adding at the end
the following:
``(i) Annual report on workplace safety and
health conditions.--Not later than 2 years
after the date of enactment of the FIRE Act,
and annually thereafter, any State or unit of
local government that receives a grant under
this section and operates a correctional
facility or contracts with a private entity to
operate a correctional facility shall submit to
the Attorney General and Congress a report on--
``(2) the workplace safety and health conditions at each
such correctional facility;
``(3) any injury or death of any--
``(A) employee; or
``(B) incarcerated firefighter while such
firefighter was performing work required to be
performed during their incarceration; and
``(4) any potential noncompliance of any such correctional
facility with the occupational safety and health standards that
apply to the correctional facility.'';
(2) in section 502(a) (34 U.S.C. 10153(a)), by adding at
the end the following:
``(7) As applicable, a certification that,--
``(A) the State or unit of local government has
provided workplace safety and health protections for
incarcerated firefighters in correctional facilities,
either by legislative or executive action, that are at
least as effective in providing safe and healthful
employment and places of employment for incarcerated
firefighters as the comprehensive occupational safety
and health programs established by States under section
18 of the Occupational Safety and Health Act of 1970;
or
``(B) an appropriate State or local agency monitors
and enforces or will monitor or enforce, as applicable,
the safety and health protections described in
subparagraph (A).'';
(3) in section 506 (34 U.S.C. 10157), by adding at the end
the following:
``(c) Of the total amount made available to carry out this subpart
for a fiscal year, the Attorney General, in consultation with the
Assistant Secretary of Labor for Occupational Safety and Health, shall
reserve $400,000 for use by States and units of local government to
establish and implement workplace safety and health protections for
incarcerated firefighters.''; and
(4) in section 901(a) (34 U.S.C. 10251(a))--
(A) in paragraph (32), by striking ``and'' at the
end;
(B) in paragraph (33), by striking the period at
the end and adding ``; and''; and
(C) by inserting after paragraph (33) the
following:
``(34) the term `incarcerated firefighter' shall have the
meaning given such term in section 3(z) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(z)).''.
SEC. 5. GRANTS TO ASSIST STATES IN COVERING INCARCERATED FIREFIGHTERS.
(a) In General.--The Secretary of Labor shall establish a grant
program to award a grant to each State that submits an application
satisfying the requirements under subsection (b) to assist the State in
amending the occupational safety and health laws of the State to cover
incarcerated firefighters and to enforce those laws as appropriate
through inspections, investigations, citations, penalties, and other
enforcement mechanisms.
(b) Applications.--A State seeking a grant under this section shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
(c) Definition of Incarcerated Firefighter.--In this section, the
term ``incarcerated fighter'' has the meaning given such term in
section 18(i) (as amended by section 2(b)(2) of this Act) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 667(i)).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2026 through 2031, to remain available until expended.
SEC. 6. INCARCERATED FIREFIGHTER REENTRY PROGRAM GRANTS.
(a) In General.--Subtitle D of title I of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3221 et seq.) is amended--
(1) by redesignating section 172 as section 173; and
(2) by inserting after section 171 the following new
section:
``SEC. 172. INCARCERATED FIREFIGHTER REENTRY PROGRAM GRANTS.
``(a) In General.--The Secretary shall establish a program to award
grants to eligible entities to enable such entities to provide job
training, job placement services, and mentoring to individuals who are
former incarcerated firefighters during reentry.
``(b) Application.--To be eligible for a grant under this section,
a State shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
reasonably require.
``(c) Use of Funds.--A grant awarded under this section may be used
by an eligible entity to--
``(1) in the case of a program that provides job training,
placement services, and mentoring exclusively to former
incarcerated firefighters upon reentry, to pay costs related to
such program; and
``(2) in the case of a program that provides job training,
placement services, and mentoring to former incarcerated
firefighters and to other individuals during reentry, to pay
costs related to the participation of such former incarcerated
firefighters in the program.
``(3) evaluate and implement methods to improve the
employment opportunities of incarcerated firefighters upon
reentry; and
``(4) identify, and make recommendations regarding, best
practices relating to reentry and the employment of
incarcerated firefighters as full-time firefighters during
reentry.
``(d) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a private non-profit organization under
section 501(c)(3) of the Internal Revenue Code of 1986;
``(B) a local workforce development board;
``(C) a State or local government; or
``(D) an Indian or Native American entity eligible
for grants under section 166.
``(2) Incarcerated firefighter.--The term `incarcerated
firefighter' has the meaning given such term in section 3(z) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 203(z)).
``(3) Reentry period.--The term `reentry' means, in
relation to an individual, the 180-day period beginning on the
date on which such individual is released from
incarceration.''.
(b) Authorization of Appropriations.--Section 173(d) of the
Workforce Innovation and Opportunity Act as redesignated by subsection
(a) of this section is amended by striking ``section 169'' and
inserting ``sections 169 and 172''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Workforce Innovation and Opportunity Act is amended--
(1) by redesignating the item relating to section 172 as
section 173; and
(2) by inserting after the item relating to section 171 the
following:
``SEC. 173. INCARCERATED FIREFIGHTER REENTRY PROGRAM GRANTS.''.
SEC. 7. EXPUNGEMENT OF CERTAIN OFFENSES.
(a) In General.--An eligible incarcerated firefighter may file a
petition under this section for expungement.
(b) Extenuating Circumstances.--If extenuating circumstances
prevent an incarcerated firefighter from fulfilling the requirements of
their sentence, as required under subsection (i)(1), the court, in its
discretion, may waive a portion of such requirement and determine the
incarcerated firefighter is an eligible incarcerated firefighter.
(c) Procedure for Expungement.--
(1) Petition.--A petition for expungement may be filed only
in the court in which the eligible incarcerated firefighter was
convicted of the offense for which expungement is sought. The
clerk of the court shall serve that petition on the United
States attorney for that district. Except as provided under
paragraph (5), not later than 60 days after service of such
petition, the United States attorney may submit recommendations
to the court and provide a copy of those recommendations to the
firefighter.
(2) Appointment of counsel.--The court shall appoint
counsel upon the request of an indigent eligible incarcerated
firefighter to represent the firefighter in proceedings under
this section, including the preparation of a petition or
subsequent petition under this section.
(3) Submission of evidence.--The eligible incarcerated
firefighter and the U.S. attorney, as noted under paragraph
(1), may file with the court evidence relating to the petition.
(4) Basis for decision.--In making a decision on the
petition, the court shall consider all evidence and weigh the
interests of the eligible incarcerated firefighter, the best
interests of justice, and public safety.
(5) Subsequent petition.--If the court denies the petition,
the petitioner may not file another such petition under
paragraph (1) until the date that is 2 years after the date of
such denial.
(6) Mandatory grant of petition.--Except as provided in
subparagraph (B), the court shall grant the petition of an
eligible incarcerated firefighter who files the petition on a
date that is not earlier than the date that is 7 years after
the date on which the petitioner has fulfilled the requirements
of the sentence, as described in subsection (i)(1). The United
States Attorney may not submit recommendations under paragraph
(1) with regard to that petition.
(7) Discretionary grant of petition.--Except as provided in
subparagraph (B), the court may grant the petition of an
eligible incarcerated firefighter who files the petition on a
date that is not earlier than the date that is 1 year after the
date on which the petitioner has fulfilled the requirements of
the sentence, as described in subsection (i)(1).
(d) Notification of Expungement.--Not later than 7 days after
granting an expungement petition, in order to facilitate the timely
update of relevant records, the court shall send a copy of the petition
and final order to--
(1) the Attorney General of the United States;
(2) the chief law enforcement officer of the State in which
the crime was committed;
(3) the chief law enforcement officer of the State in which
the eligible incarcerated firefighter resides;
(4) any local law enforcement agency that serves the
jurisdiction in which the crime was committed; and
(5) any local law enforcement agency that serves the
jurisdiction in which the eligible incarcerated firefighter
resides.
(e) Effect of Expungement.--
(1) In general.--An order granting expungement under this
section shall restore the eligible incarcerated firefighter
concerned, in the contemplation of the law, to the status such
individual occupied before the arrest or institution of
criminal proceedings for the offense that was the subject of
the expungement.
(2) Sentencing.--In determining an appropriate sentence for
unrelated subsequent criminal conduct, a court of the United
States shall not consider an expunged criminal conviction for
the purposes of determining the appropriate sentencing range
pursuant to the United States Sentencing Guidelines, or to
sentence a person outside of that sentencing range.
(3) No disqualification; statements.--An eligible
incarcerated firefighter whose petition under this section is
granted shall not be required to divulge information pertaining
to the offense with regard to which expungement was granted,
nor shall such firefighter be held under any provision of law
guilty of perjury, false answering, or making a false statement
by reason of the failure of the firefighter to recite or
acknowledge such arrest or institution of criminal proceedings,
or results thereof, in response to an inquiry made of the
firefighter for any purpose. The fact that such firefigher has
been convicted of the offense concerned shall not operate as a
disqualification of such individual to pursue or engage in any
lawful activity, occupation, or profession.
(4) Records expunged.--Except as provided under subsection
(f), on the grant of a petition under this section, the
following shall be expunged:
(A) Any official record relating to the arrest of
the eligible incarcerated firefighter, the institution
of criminal proceedings against the firefighter, or the
results thereof including conviction for the offense
with regard to which expungement is sought.
(B) Any reference in any official record to the
arrest of the eligible incarcerated firefighter, the
institution of criminal proceedings against the
firefighter, or the results thereof including
conviction for the offense with regard to which
expungement is sought.
(5) Exceptions.--The Attorney General may make rules
providing for exceptions to paragraph (4) as the Attorney
General determines necessary to serve the interests of justice
and public safety.
(f) Disclosure of Expunged Records.--
(1) Department of justice records.--The Attorney General
shall retain an unaltered nonpublic copy of--
(A) any record that is expunged; and
(B) any record containing a reference that is
expunged.
(2) Law enforcement purposes.--The Attorney General shall
maintain a nonpublic index of the records described under
paragraph (1) containing, for each such record, only the name
of, and alphanumeric identifiers that relate to, the eligible
incarcerated firefighter who is the subject of such record, the
word ``expunged'', and the name of the person, agency, office,
or department that has custody of the expunged record, and
shall not name the offense committed. The index shall be made
available only to an entity to which records may be made
available under paragraph (4) or to any Federal or State law
enforcement agency that has custody of such records.
(3) Court records.--The court shall retain an unaltered
nonpublic copy of--
(A) any record that is expunged; and
(B) any record containing a reference that is
expunged.
(4) Authorized disclosures.--
(A) In general.--Except as provided in subparagraph
(B), any record described in paragraph (1) pertaining
to an individual may be made available only--
(i) to the eligible incarcerated
firefighter;
(ii) to a Federal or State court or
Federal, State, or local law enforcement
agency, in the case of a criminal investigation
or prosecution of an individual or in
conducting a background check on an individual
who has applied for employment by such court or
agency; or
(iii) to a Federal or State court or
Federal, State, or local law enforcement agency
for the exclusive purpose of maintaining
accurate official records.
(B) Authorized disclosure to individuals.--On
application of the eligible incarcerated firefighter,
the record may be available to an individual identified
in the firefighter's application.
(g) Punishment for Improper Disclosure.--Whoever intentionally
makes or attempts to make a disclosure, other than a disclosure
authorized under subsection (f), of any record or reference that is
expunged under this section, shall be fined under title 18, United
States Code, imprisoned not more than one year, or both.
(h) Effective Date.--The amendments made by this section shall
apply to individuals convicted of an offense before, on, or after the
date of the enactment of this Act.
(i) Definitions.--In this section--
(1) Eligible incarcerated firefighter.--The term ``eligible
incarcerated firefighter'' means an incarcerated firefighter
convicted of an offense who has fulfilled the requirements of
the sentence of the court in which the firefighter was
convicted, including--
(A) paying, or consistently fulfilling obligations
of a payment plan for, all applicable fines,
restitutions, or assessments;
(B) completion of any term of imprisonment or
period of probation;
(C) meeting all conditions of supervised release;
and
(D) if so required by the terms of the sentence,
remaining free from dependency on or abuse of alcohol
or a controlled substance for a period of not less than
1 year.
(2) Incarcerated firefighter.--The term ``incarcerated
firefighter'' shall have the meaning given such term in section
3(z) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(z)).
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