[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 743 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 743
To reform and enhance the pay and benefits of Federal wildland
firefighters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2025
Mr. Neguse (for himself, Mr. Harder of California, Mr. Fitzpatrick, Ms.
Pettersen, Ms. Lofgren, Ms. Stansbury, Ms. Hoyle of Oregon, Ms.
Brownley, Mr. Bacon, and Mr. Levin) introduced the following bill;
which was referred to the Committee on Oversight and Government 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; TABLE OF CONTENTS.
(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, and Tribal Firefighters, 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, dispatch, or
fire and fuels management.
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; definitions; table of contents.
Sec. 2. Special base rates of pay for wildland firefighters.
Sec. 3. Wildland fire incident response premium pay.
Sec. 4. Special limitations on pay for wildland firefighters.
Sec. 5. Rest and recuperation leave for employees engaged in wildland
firefighting.
Sec. 6. Health provisions.
Sec. 7. Retirement for firefighters.
Sec. 8. Pay parity for Federal structural firefighters.
Sec. 9. Pay adjustments and other matters.
Sec. 10. Wildland Fire Management Casualty Assistance Program.
Sec. 11. Continuing accrual of service for Firefighters.
SEC. 2. SPECIAL BASE RATES OF PAY FOR WILDLAND FIREFIGHTERS.
(a) In General.--Subchapter III of chapter 53 of title 5, United
States Code, is amended by inserting after section 5332 the following:
``Sec. 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 any temporary,
seasonal, or permanent position at the Department of
Agriculture or the Department of the Interior, or Tribal
Firefighters, 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, dispatch, training, development and technology, or
fire and fuels management.
``(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).
SEC. 3. WILDLAND FIRE INCIDENT RESPONSE PREMIUM PAY.
(a) In General.--Subchapter V of chapter 55 of title 5, United
States Code, is amended by inserting after section 5545b the following:
``Sec. 5545c. Incident response premium pay for employees engaged in
wildland firefighting
``(a) Definitions.--In this section--
``(1) the term `appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(B) the Committee on Energy and Natural Resources
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 Oversight and Government
Reform;
``(F) the Committee on Agriculture of the House of
Representatives;
``(G) the Committee on Natural Resources of the
House of Representatives; and
``(H) the Committee on Appropriations of the House
of Representatives;
``(2) the term `covered employee' means an employee of the
Forest Service or the Department of the Interior who is--
``(A) a wildland firefighter, as defined in section
5332a(a); or
``(B) certified by the applicable agency to perform
wildland fire incident-related duties during the period
that employee is deployed to respond to a qualifying
incident;
``(3) the term `incident response premium pay' means pay to
which a covered employee is entitled under subsection (c);
``(4) the term `prescribed fire incident' means a wildland
fire originating from a planned ignition in accordance with
applicable laws, policies, and regulations to meet specific
objectives;
``(5) the term `qualifying incident'--
``(A) means--
``(i) a wildfire incident, a prescribed
fire incident, or a severity incident; or
``(ii) an incident that the Secretary of
Agriculture or the Secretary of the Interior
determines is similar in nature to an incident
described in clause (i); and
``(B) does not include an initial response
(including an initial attack fire) in which a wildfire
is contained within 36 hours; and
``(6) the term `severity incident' means an incident in
which a covered employee is pre-positioned in an area in which
conditions indicate there is a high risk of wildfires.
``(b) Eligibility.--A covered employee is eligible for incident
response premium pay under this section if--
``(1) the covered employee is deployed to respond to a
qualifying incident; and
``(2) the deployment described in paragraph (1) is--
``(A) outside of the official duty station of the
covered employee; or
``(B) within the official duty station of the
covered employee and the covered employee is assigned
to an incident-adjacent fire camp or other designated
field location.
``(c) Entitlement to Incident Response Premium Pay.--
``(1) In general.--A covered employee who satisfies the
conditions under subsection (b) is entitled to premium pay for
the period in which the covered employee is deployed to respond
to the applicable qualifying incident.
``(2) Computation.--
``(A) Formula.--Subject to subparagraphs (B) and
(C), premium pay under paragraph (1) shall be paid to a
covered employee at a daily rate of 450 percent of the
hourly rate of basic pay of the covered employee for
each day that the covered employee satisfies the
requirements under subsection (b), rounded to the
nearest whole cent.
``(B) Limitation.--Premium pay under this
subsection--
``(i) with respect to a covered employee
for whom the annual rate of basic pay is
greater than that for step 10 of GS-10, shall
be paid at the daily rate established under
subparagraph (A) for the applicable rate for
step 10 of GS-10 (where the applicable rate is
the rate in effect in the same locality that is
the basis for a locality-based comparability
payment payable to the covered employee under
section 5304); and
``(ii) may not be paid to a covered
employee in a total amount that exceeds $9,000
in any calendar year.
``(C) Adjustments.--
``(i) Assessment.--The Secretary of
Agriculture and the Secretary of the Interior
shall assess the difference between the average
total amount of compensation that was paid to
covered employees, by grade, in fiscal years
2023 and 2024.
``(ii) Report.--Not later than 180 days
after the date that is 1 year after the
effective date of this section, the Secretary
of Agriculture and the Secretary of the
Interior shall jointly publish a report on the
results of the assessment conducted under
clause (i).
``(iii) Administrative actions.--After
publishing the report required under clause
(ii), the Secretary of Agriculture and the
Secretary of the Interior, in consultation with
the Director of the Office of Personnel
Management, may, in the sole and exclusive
discretion of the Secretaries acting jointly,
administratively adjust the amount of premium
pay paid under this subsection (or take other
administrative action) to ensure that the
average annual amount of total compensation
paid to covered employees, by grade, is more
consistent with such amount that was paid to
those employees in fiscal year 2023.
``(iv) Congressional notification.--Not
later than 3 days after an adjustment made, or
other administrative action taken, under clause
(iii) becomes final, the Secretary of
Agriculture and the Secretary of the Interior
shall jointly submit to the appropriate
committees of Congress a notification regarding
that adjustment or other administrative action,
as applicable.
``(d) Treatment of Incident Response Premium Pay.--Incident
response premium pay under this section--
``(1) is not considered part of the basic pay of a covered
employee for any purpose;
``(2) may not be considered in determining the lump-sum
payment of a covered employee for accumulated and accrued
annual leave under section 5551 or section 5552;
``(3) may not be used in determining pay under section
8114;
``(4) may not be considered in determining pay for hours of
paid leave or other paid time off during which the premium pay
is not payable; and
``(5) shall be disregarded in determining the minimum wage
and overtime pay to which a covered employee is entitled under
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).''.
(b) Additional Premium Pay Amendments.--Subchapter V of chapter 55
of title 5, United States Code, is amended--
(1) in section 5544--
(A) by amending the section heading to read as
follows: ``wage-board overtime, sunday rates, and other
premium pay''; and
(B) by adding at the end the following:
``(d) A prevailing rate employee described in section 5342(a)(2)(A)
shall receive incident response premium pay under the same terms and
conditions that apply to a covered employee under section 5545c if that
employee--
``(1) is employed by the Forest Service or the Department
of the Interior; and
``(2)(A) is a wildland firefighter, as defined in section
5332a(a); or
``(B) is certified by the applicable agency to perform
wildland fire incident-related duties during the period the
employee is deployed to respond to a qualifying incident (as
defined in section 5545c(a)).''; and
(2) in section 5547(a), in the matter preceding paragraph
(1), by inserting ``5545c,'' after ``5545a,''.
(c) Clerical Amendments.--The table of sections for subchapter V of
chapter 55 of title 5, United States Code, is amended--
(1) by amending the item relating to section 5544 to read
as follows:
``5544. Wage-board overtime, Sunday rates, and other premium pay.'';
and
(2) by inserting after the item relating to section 5545b
the following:
``5545c. Incident response premium pay for employees engaged in
wildland firefighting.''.
(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).
SEC. 4. SPECIAL LIMITATIONS ON PAY FOR WILDLAND FIREFIGHTERS.
(a) In General.--Title 5, United States Code, is amended--
(1) by inserting after section 5547 the following:
``Sec. 5547a. Special limitations on premium pay for employees engaged
in wildland firefighting
``(a) In this section--
``(1) the term `covered employee' means an employee of the
Forest Service or the Department of the Interior who--
``(A) qualifies as a wildland firefighter based on
the definitions of `firefighter' and `wildland
firefighter' in section 5332a(a); or
``(B) is certified by the applicable agency to
perform wildland fire incident related duties during
the period such employee is assigned to a qualifying
incident;
``(2) the term `covered services' means services performed
by an employee that are determined by the Secretary of the
Interior or the Secretary of Agriculture, as applicable, to
primarily involve emergency wildfire suppression activities,
including any periods of duty when the employee is sleeping or
resting during an extended period of deployment to engage in
those activities;
``(3) the term `emergency wildland fire suppression
activities' means initial-response and extended-response
activities that directly relate to suppression of a wildfire,
including activities associated with a severity incident but
excluding activities associated with a prescribed fire incident
(as those terms are defined section 5545c); and
``(4) the term `premium pay' means the premium pay paid
under the provisions of law cited in section 5547(a), except as
otherwise provided in subsection (h).
``(b) Any premium pay earned by a covered employee for covered
services shall be disregarded in calculating the aggregate of such
employee's basic pay and premium pay for purposes of applying a
limitation under section 5547.
``(c) Any premium pay that is disregarded under subsection (b)
shall be disregarded in calculating such employee's aggregate pay for
purposes of applying the limitation in section 5307.
``(d) Pay that is disregarded under subsection (b) may not be paid
to the extent it would cause the aggregate of the employee's basic pay,
premium pay, and hazard pay under section 5545(d) payable in the
applicable calendar year to exceed the rate of basic pay payable for a
position at level II of the Executive Schedule under section 5313, as
in effect at the end of such calendar year. Any premium pay that is
subject to a biweekly limitation under section 5547(c) must be paid
first before other premium pay in applying the level II limitation.
``(e) Application of the limit in subsection (d) or subsection (h)
to a covered employee may be waived at the sole and exclusive
discretion of the Secretary of the Interior or the Secretary of
Agriculture, as applicable. Before authorizing such a waiver for
employees of their respective agencies, each Secretary, after
consulting with the other Secretary, shall prescribe criteria that will
be applied in making a determination to grant a waiver.
``(f) Any additional pay resulting from application of this section
may not be used in computing a lump-sum payment for accumulated and
accrued annual leave under section 5551 or section 5552.
``(g) The Departments of the Interior and Agriculture shall
maintain records that document uses of the authority provided by this
section.
``(h)(1) For prevailing rate employees described in section
5342(a)(2)(A) who meet the requirements in subsection (a)(l) to qualify
as a covered employee, premium pay may not be paid to the extent it
would cause the aggregate of the employee's basic pay and premium pay
in the applicable calendar year to exceed the rate of basic pay payable
for a position at level II of the Executive Schedule under section
5313, as in effect at the end of such calendar year.
``(2) For the purposes of this subsection, the term `basic pay'
means wages, environmental differential pay, and night shift
differential pay, and the term `premium pay' means overtime pay, Sunday
premium pay, and holiday premium pay.''; and
(2) in section 5541(2)(xi), by inserting ``, section
5547a(h),'' after ``section 5544''.
(b) Calendar Year 2025.--For the purpose of applying section 5547
and section 1701 of division B of Public Law 117-43 (5 U.S.C. 5547
note) in calendar year 2025, incident standby premium pay shall be
included in premium pay that is subject to the limits established in
those sections.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first pay period that has a payment
date in January 2026. Subsection (b) shall be effective on the first
day of the first applicable pay period beginning on or after October 1,
2025.
(d) Clerical Amendment.--The table of sections for chapter 55 of
title 5, United States Code, is further amended by inserting after the
item for section 5547 the following new item:
``5547a. Special limitations on premium pay for employees engaged in
wildland firefighting.''.
SEC. 5. REST AND RECUPERATION LEAVE FOR EMPLOYEES ENGAGED IN WILDLAND
FIREFIGHTING.
(a) In General.--Title 5, United States Code, is amended by
inserting after section 6329d the following:
``Sec. 6329e. Rest and recuperation leave for employees engaged in
wildland firefighting
``(a) In this section--
``(1) the term `applicable Secretary' means the Secretary
of Agriculture or the Secretary of the Interior;
``(2) the term `covered employee' means an employee of the
Forest Service or the Department of the Interior who--
``(A) qualifies as a `wildland firefighter' based
on the definitions of `firefighter' and `wildland
firefighter' in section 5332a(a) (applying the
definition of `employee' in section 6301(2) in lieu of
the definition of `employee' in section 5331(a)); or
``(B) is certified by the applicable agency to
perform wildland fire incident related duties during
the period such employee is assigned to a qualifying
incident; and
``(3) the term `qualifying incident' has the meaning given
that term in section 5545c(a)(5).
``(b) A covered employee may receive paid rest and recuperation
leave following the completion of service under a qualifying incident,
subject to policies established at the sole and exclusive discretion of
the Secretary of the Agriculture or the Secretary of the Interior, as
applicable. Each Secretary shall prescribe such policies after
consulting with the other Secretary.
``(c) Rest and recuperation leave granted under this section shall
be used during scheduled hours within the covered employee's tour of
duty established for leave-charging purposes and shall be paid in the
same manner as annual leave. Rest and recuperation leave must be used
immediately after a qualifying incident and may not be set aside for
later use. A covered employee may not receive any payment for unused
rest and recuperation leave.
``(d) A covered employee with an intermittent work schedule shall
be excused from duty during the same period of time that other covered
employees in the same circumstances are entitled to rest and
recuperation leave and shall receive a payment as if the covered
employee with an intermittent work schedule were entitled to rest and
recuperation leave under subsections (b) and (c).''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective on the first day of the first applicable pay period beginning
on or after October 1, 2025.
(c) Clerical Amendment.--The table of sections for subchapter II of
chapter 63 of title 5, United States Code, is amended by inserting
after the item relating to section 6329d the following new item:
``6329e. Rest and recuperation leave for employees engaged in wildland
firefighting.''.
SEC. 6. 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, 2026,
the Secretaries shall establish and carry out a program for
Federal wildland firefighters for mental health awareness and
support. Such program shall include the following:
(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) Expansion of the Critical Incident Stress
Management Program, to develop and retain a larger pool
of qualified mental health professionals who are
familiar with the experiences of the emergency response
workforce. The Program shall monitor and track mental
health in the profession to better understand the scope
of the issue and provide ongoing assistance and
professional long-term care to patients.
(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) OWCP.--The Office of Workers' Compensation Programs within the
Department of Labor shall--
(1) recognize post-traumatic stress disorder and
psychological stress-related injuries or illnesses correlated
to fire protection, suppression, and incident support
activities, and ensure long-term coverage for the duration of
the illnesses; and
(2) expand the Special Claims Unit to ensure adequate unit
staffing levels are sufficient to expedite the claims process
and shorten response times to wildland firefighter and incident
support personnel injured or effected on the job in order to
alleviate the psychological and financial burdens placed on the
patient and their families.
SEC. 7. RETIREMENT FOR FIREFIGHTERS.
(a) 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.
(b) Disability Annuity.--Beginning on the date of enactment of this
Act, any Federal wildland firefighter who suffers from a disease
described in section 8143b(b)(2) of title 5, United States Code, due to
environmental job-related exposure, including smoke inhalation,
silicate inhalation, and firefighting toxic 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''.
(c) 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,''.
(d) 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. 8. 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 and
the amendments made by this Act. Not later than 1 year after the date
the pay scale is established under section 5332a of title 5, United
States Code, as added by section 2 of this Act, 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.
SEC. 9. PAY ADJUSTMENTS AND OTHER MATTERS.
(a) 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 section 5332a of title 5,
United States Code, as added by section 2 of this Act, 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.
(b) Compensation Comparable to Non-Federal Firefighters.--Not later
than 1 year after the date the pay scale is established under section
5332a of title 5, United States Code, as added by section 2 of this
Act, 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.
(c) Hazardous Duty Pay.--Each Federal wildland firefighter 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 section. The
Director may prescribe regulations to carry out this subsection.
(d) Other Matters.--
(1) 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
(a). 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.
(2) 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.
(3) 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. 10. WILDLAND FIRE MANAGEMENT CASUALTY ASSISTANCE PROGRAM.
(a) Development of Program.--Not later than 6 months after the date
of the enactment of this Act, the Secretary of the Interior shall
develop a Wildland Fire Management Casualty Assistance Program
(referred to in this section as the ``Program'') to provide assistance
to the next-of-kin of--
(1) firefighters who, while in the line of duty, suffer
illness or are critically injured or killed; and
(2) wildland fire support personnel critically injured or
killed in the line of duty.
(b) Aspects of Program.--The Program shall address the following:
(1) The initial and any subsequent notifications to the
next-of-kin of a firefighter or wildland fire support personnel
who--
(A) is killed in the line of duty; or
(B) requires hospitalization or treatment at a
medical facility due to a line-of-duty injury or
illness.
(2) The reimbursement of next-of-kin for expenses
associated with travel to visit a firefighter or wildland fire
support personnel who--
(A) is killed in the line of duty; or
(B) requires hospitalization or treatment at a
medical facility due to a line-of-duty injury or
illness.
(3) The qualifications, assignment, training, duties,
supervision, and accountability for the performance of casualty
assistance responsibilities.
(4) The relief or transfer of casualty assistance officers,
including notification to survivors of critical injury or
illness in the line of duty and next-of-kin of the reassignment
of such officers to other duties.
(5) Centralized, short-term and long-term case management
procedures for casualty assistance, including rapid access by
survivors of firefighters or wildland fire support personnel
and casualty assistance officers to expert case managers and
counselors.
(6) The provision, through a computer accessible website
and other means and at no cost to survivors and next-of-kin of
firefighters or wildland fire support personnel, of
personalized, integrated information on the benefits and
financial assistance available to such survivors from the
Federal Government.
(7) The provision of information to survivors and next-of-
kin of firefighters or wildland fire support personnel on
mechanisms for registering complaints about, or requests for,
additional assistance related to casualty assistance.
(8) Liaison with the Department of the Interior, the
Department of Justice, and the Social Security Administration
to ensure prompt and accurate resolution of issues relating to
benefits administered by those agencies for survivors of
firefighters or wildland fire support personnel.
(9) Data collection, in consultation with the United States
Fire Administration and the National Institute for Occupational
Safety and Health, regarding the incidence and quality of
casualty assistance provided to survivors of firefighters or
wildland fire support personnel.
(c) Line of Duty Death Benefits.--The Program shall not affect
existing authorities for Line of Duty Death benefits for Federal
firefighters and wildland fire support personnel.
(d) Next-of-Kin Defined.--In this section, the term ``next-of-kin''
means person or persons in the highest category of priority as
determined by the following list (categories appear in descending order
of priority):
(1) Surviving legal spouse.
(2) Children (whether by current or prior marriage) age 18
years or older in descending precedence by age.
(3) Father or mother, unless by court order custody has
been vested in another (adoptive parent takes precedence over
natural parent);
(4) Siblings (whole or half) age 18 years or older in
descending precedence by age.
(5) Grandfather or grandmother.
(6) Any other relative (precedence to be determined in
accordance with the civil law of descent of the deceased former
member's State of domicile at time of death).
SEC. 11. CONTINUING ACCRUAL OF SERVICE FOR FIREFIGHTERS.
(a) Federal Employees' Retirement System.--Section 8401(14) of
title 5, United States Code, is amended to read as follows:
``(14) the term `firefighter' means--
``(A) an employee, the duties of whose position--
``(i) are primarily to perform work
directly connected with the control and
extinguishment of non-wildland fires; and
``(ii) are sufficiently rigorous that
employment opportunities should be limited to
young and physically vigorous individuals, as
determined by the Director considering the
recommendations of the employing agency;
``(B) an employee, the duties of whose position--
``(i) are primarily to perform work
directly connected with the control and
extinguishment of wildland fires; and
``(ii) are sufficiently rigorous that
employment opportunities should be limited to
young and physically vigorous individuals, as
determined by the Director considering the
recommendations of the employing agency;
``(C) an employee who--
``(i) is transferred directly to a
supervisory or administrative position after
performing duties described in subparagraph (A)
for at least 3 years; and
``(ii) while serving in such supervisory or
administrative position, has no break in
service; or
``(D) an employee who--
``(i) occupies a supervisory or
administrative position after performing duties
described in subparagraph (B) for not less than
3 years; and
``(ii) has not more than 24 months in total
time of breaks in service;''.
(b) Service Before Date of Enactment.--
(1) In general.--Subject to the requirements under
paragraph (2), service performed before the date of enactment
of this Act by an individual who, on the date of enactment of
this Act, is an employee (as defined in section 8401(11) of
title 5, United States Code) shall, for the purposes of chapter
84 of title 5, United States Code, be treated as service
performed by a firefighter if--
(A) such service was performed during the period
beginning on October 1, 2003, and ending on the day
before the date of enactment of this Act;
(B) at the time of performing such service--
(i) the individual did not meet the
requirements to be a firefighter under section
8401(14) of title 5, United States Code,
because of a break in service; and
(ii) would have met the requirements to be
a firefighter under section 8401(14)(D) of
title 5, United States Code, as amended by this
Act; and
(C) appropriate deductions and withholdings under
sections 8422 and 8423 of title 5, United States Code,
were made during such service.
(2) Credit for service.--To receive credit for eligible
service under paragraph (1), the applicable individual shall--
(A) before the date on which the individual
separates from service in the agency in which the
individual holds a position on the date of enactment of
this Act, submit a written election to the agency
employing the individual;
(B) if the individual is not employed by the agency
that employed the individual when the service described
in paragraph (1) was performed, submit a written
election to such agency; and
(C) remit to the agency that employed the
individual when such service was performed the
additional amount that would have been deducted during
the period of prior service under section 8422 of title
5, United States Code, from the pay of the individual
if the amendments made by subsection (a) had been in
effect during the prior service, plus any applicable
interest computed under section 8334(e) of title 5,
United States Code.
(3) Government contributions.--If an individual remits
payment under paragraph (2)(C) with respect to service
described in paragraph (1), the agency that employed the
individual when such service was performed shall remit to the
Office of Personnel Management (for deposit in the Treasury of
the United States to the credit of the Civil Service Retirement
and Disability Fund) the total additional amount of Federal
contributions that would have been paid under section 8423 of
title 5, United States Code, if the amendments made by
subsection (a) had been in effect during the prior service,
plus any applicable interest computed in accordance with
section 8334(e) of title 5, United States Code.
(4) Notification and assistance requirements.--The Director
of the Office of Personnel Management shall--
(A) take such action as may be necessary and
appropriate to inform individuals entitled to have any
service credited under this subsection, or to have any
annuity computed under this subsection, of the
entitlement to the credit or computation; and
(B) upon request, assist any individual described
in subparagraph (A) in obtaining such information in
the possession of the Secretary of Agriculture or the
Secretary of the Interior, as applicable, as may be
necessary to verify the entitlement of the individual
to have any service credited, or to have any annuity
computed, pursuant to this subsection.
(5) Rule of construction.--Nothing in this section shall be
construed to permit or require the making of any contribution
to the Thrift Savings Fund that would not otherwise have been
permitted or required but for the enactment of this section.
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