[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 279 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 279
To reform and enhance the pay and benefits of Federal wildland
firefighters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2025
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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, or any Tribal Firefighter, 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' has the meaning given
the term `Federal wildland firefighter' in section 1(b) of the
Tim Hart Wildland Firefighter Classification and Pay Parity
Act.
``(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 Accountability
of the House of Representatives;
``(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.--Subchapter V of chapter 55 of 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) Definitions.--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 the 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 period 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'--
``(A) means initial-response and extended-response
activities that directly relate to suppression of a
wildfire;
``(B) includes activities associated with a
severity incident, as defined in section 5545c(a); and
``(C) does not include activities associated with a
prescribed fire incident, as defined in section
5545c(a); 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) Relationship to Limitation on Premium Pay.--Any premium pay
earned by a covered employee for covered services shall be disregarded
in calculating the aggregate of the basic pay and premium pay of that
covered employee for purposes of applying a limitation under section
5547.
``(c) Relationship to Limitation on Certain Payments.--Any premium
pay of a covered employee that is disregarded under subsection (b)
shall be disregarded in calculating the aggregate pay of that covered
employee for purposes of applying the limitation under section 5307.
``(d) Limitation.--
``(1) In general.--Pay that is disregarded under subsection
(b) may not be paid to the extent that the pay would cause the
aggregate of the basic pay, premium pay, and hazard pay under
section 5545(d) payable in the applicable calendar year to the
applicable covered employee 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 that calendar
year.
``(2) Biweekly limitation.--Any premium pay that is subject
to a biweekly limitation under section 5547(c) shall be paid
first before other premium pay in applying the limitation under
paragraph (1).
``(e) Waiver.--
``(1) In general.--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.
``(2) Prescription of criteria.--Before authorizing a
waiver under paragraph (1) for a covered employee, the
Secretary of the Interior or the Secretary of Agriculture, as
applicable, after consulting with the other Secretary, shall
prescribe criteria that will be applied in making a
determination to grant a waiver.
``(f) Lump-Sum Payments.--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
5552.
``(g) Maintenance of Records.--The Secretary of the Interior and
the Secretary of Agriculture shall maintain records that document uses
of the authority provided by this section.
``(h) Certain Rate Employees.--
``(1) In general.--For a prevailing rate employee described
in section 5342(a)(2)(A) who is a covered employee, premium pay
may not be paid to the extent the premium pay would cause the
aggregate of the basic pay and premium pay of the employee 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 that calendar
year.
``(2) Definitions.--For the purposes of this subsection--
``(A) the term `basic pay' means wages,
environmental differential pay, and night shift
differential pay; and
``(B) the term `premium pay' means overtime pay,
Sunday premium pay, and holiday premium pay.''; and
(2) in section 5541(2)(xi), by inserting ``, 5547a(h),''
after ``section 5544''.
(b) Calendar Year 2025.--For the purpose of applying section 5547
of title 5, United States Code, and section 1701 of division B of the
Extending Government Funding and Delivering Emergency Assistance Act (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 Dates.--
(1) Amendments.--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.
(2) Calendar year 2025 application.--Subsection (b) shall
take effect 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 subchapter V of
chapter 55 of title 5, United States Code, is amended by inserting
after the item relating to section 5547 the following:
``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.--Subchapter II of chapter 63 of 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) Definitions.--In this section--
``(1) the term `applicable Secretary' means the Secretary
of Agriculture or the Secretary of the Interior, as applicable
to a covered employee;
``(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 the terms `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 Secretary to
perform wildland fire incident related duties during
the period the employee is assigned to a qualifying
incident; and
``(3) the term `qualifying incident' has the meaning given
the term in section 5545c(a)(5).
``(b) Rest and Recuperation Leave.--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 applicable Secretary, after
consulting with the other Secretary.
``(c) Use of Leave.--
``(1) In general.--Rest and recuperation leave granted
under this section--
``(A) shall be used during scheduled hours within
the tour of duty of the applicable covered employee
established for leave-charging purposes and shall be
paid in the same manner as annual leave;
``(B) shall be used immediately after a qualifying
incident; and
``(C) may not be set aside for later use.
``(2) No payment for unused leave.--A covered employee may
not receive any payment for unused rest and recuperation leave
granted under this section.
``(d) Intermittent Work Schedule.--A covered employee with an
intermittent work schedule shall--
``(1) 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
``(2) receive a payment as if the covered employee were
entitled to rest and recuperation leave under subsections (b)
and (c).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 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:
``6329e. Rest and recuperation leave for employees engaged in wildland
firefighting.''.
SEC. 6. HEALTH PROVISIONS.
(a) Database; Recommendations.--Not later than 1 year after the
date of enactment of this Act, the Secretaries shall--
(1) establish and maintain on a website a publicly
accessible, searchable database, to be known as 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 the database under paragraph (1) not less
frequently than annually; and
(3) develop and adhere to recommendations regarding
mitigation strategies to minimize exposure to environmental
hazards for Federal wildland firefighters.
(b) Mental Health.--
(1) Establishment of program.--
(A) In general.--Not later than January 1, 2026,
the Secretaries shall establish and carry out a mental
health awareness and support program for Federal
wildland firefighters.
(B) Inclusions.--The program under this paragraph
shall include the following:
(i) A mental health awareness campaign.
(ii) A mental health education and training
program that includes an onboarding curriculum.
(iii) An extensive peer-to-peer mental
health support network for Federal wildland
firefighters and their immediate families.
(iv) Expansion of the Critical Incident
Stress Management Program--
(I) to develop and retain a larger
pool of qualified mental health
professionals who are familiar with the
experiences of the emergency response
workforce; and
(II) to monitor and track mental
health in the Federal wildland
firefighter profession to better--
(aa) understand the scope
of the issue of mental health;
and
(bb) provide ongoing
assistance and professional
long-term care to patients.
(v) Establish and carry out a new and
distinct mental health support service specific
to Federal wildland firefighters and their
immediate families--
(I) with culturally relevant and
trauma-informed mental health
professionals who are readily
available; and
(II) not subject to any limit on
the number of sessions or services
provided.
(2) Mental health leave.--
(A) In general.--Subject to subparagraph (B), each
Federal wildland firefighter shall be entitled to 7
consecutive days of mental health leave, without loss
or reduction in pay, during a calendar year.
(B) Requirements.--Mental health leave provided
under subparagraph (A) shall not--
(i) accumulate for use in any succeeding
calendar year; or
(ii) be considered to be annual or vacation
leave--
(I) for purposes of section 5551 or
5552 of title 5, United States Code; or
(II) 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, institutions of higher education, or nonprofit
organizations.
(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 and illnesses correlated
to fire protection, suppression, and incident support
activities;
(2) ensure long-term coverage for the duration of the
injuries and illnesses described in paragraph (1); and
(3) expand the Special Claims Unit to ensure unit staffing
levels are sufficient to expedite the claims process and
shorten response times to Federal wildland firefighters and
incident support personnel injured or affected on the job in
order to alleviate the psychological and financial burdens
placed on patients 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 that chapter, if--
(1) that firefighter submits a written election to the
Director; and
(2) the deposit requirements of section 8411(f) of that
title have been met with respect to that 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 that title,
except that 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 firefighters (as
that term is defined in section 1(b) of the Tim Hart Wildland
Firefighter Classification and Pay Parity Act),''.
SEC. 8. PAY PARITY FOR FEDERAL STRUCTURAL FIREFIGHTERS.
(a) Definition.--In this section, the term ``Federal structural
firefighter''--
(1) has the meaning given the term ``firefighter'' in
section 8401 of title 5, United States Code; and
(2) does not include a Federal wildland firefighter.
(b) Requirements.--
(1) In general.--Beginning on the date that is 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 to
Federal wildland firefighters under this Act and the amendments
made by this Act.
(2) Report.--Not later than 1 year after the date on which
special base rates of pay are established under section 5332a
of title 5, United States Code, as added by section 2 of this
Act, the Director shall submit to Congress a report on whether
pay for such Federal structural firefighters is competitive
with that for Federal wildland firefighters.
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
on which special base rates of pay are 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 to which those special base rates of pay apply 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 \1/10\ of
1 percent.
(b) Compensation Comparable to Non-Federal Firefighters.--Not later
than 1 year after the date on which special base rates of pay are
established under section 5332a of title 5, United States Code, as
added by section 2 of this Act, the Secretaries shall submit to
Congress a report 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.--
(1) In general.--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 that Federal wildland
firefighter was covered by such section 5545(d).
(2) Regulations.--The Director may prescribe regulations to
carry out this subsection.
(d) Other Matters.--
(1) Recruitment and retention bonus.--
(A) In general.--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 determined appropriate by the Director and the
Secretaries.
(B) Minimum amount.--The minimum amount of a bonus
described in subparagraph (A) shall be increased each
year by the Consumer Price Index in the manner
prescribed under subsection (a).
(C) Timing of payments.--Any bonus under this
subsection--
(i) shall be paid to any primary or
secondary Federal wildland firefighter upon the
date that such firefighter successfully
completes a work capacity test; and
(ii) may not be paid to an individual
described in clause (i) more than once per
calendar year.
(2) Housing allowance.--
(A) In general.--The Secretaries shall provide a
housing allowance to any Federal wildland firefighter
deployed to a location more than 50 miles from the
primary residence of that Federal wildland firefighter.
(B) Amount.--An allowance paid under subparagraph
(A) 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 1 year after the
date of enactment of this Act, the Secretaries shall
establish, and thereafter shall maintain, coordinate,
and operate, a voluntary tuition assistance program for
Federal wildland firefighters occupying permanent
positions, which shall 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) Definitions.--In this section:
(1) Affected firefighter.--The term ``affected
firefighter'' means any Federal wildland firefighter or Federal
wildland fire support personnel who--
(A) requires hospitalization or treatment at a
medical facility due to a line-of-duty injury or
illness; or
(B) is killed in the line of duty.
(2) Affected next-of-kin.--The term ``affected next-of-
kin'', with respect to an affected firefighter, means an
individual related to the affected firefighter, as determined
in accordance with the following descending order of priority:
(A) A surviving legal spouse.
(B) A child (whether by current or prior
relationship) aged 18 years or older, in descending
precedence by age.
(C) A parent, unless custody has been vested in
another individual by court order, in which case an
adoptive parent shall take precedence over the natural
parent from whom custody has been so removed.
(D) A sibling (whether whole or half) aged 18 years
or older, in descending precedence by age.
(E) A grandparent.
(F) Any other relative, with precedence to be
determined in accordance with the applicable civil law
of descent of the State of domicile of the affected
firefighter at the time of the applicable illness or
injury or death.
(3) Casualty assistance officer.--The term ``casualty
assistance officer'' means an individual employed by the
Department of the Interior to assist affected firefighters and
affected next-of-kin with respect to the injury, illness, or
death of an affected firefighter, including by providing advice
relating to--
(A) services and benefits available under the
Program to affected firefighters and affected next-of-
kin; and
(B) funeral arrangements, if applicable.
(4) Program.--The term ``Program'' means the Wildland Fire
Management Casualty Assistance Program established under
subsection (b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program, to be
known as the ``Wildland Fire Management Casualty Assistance Program'',
under which the Secretary shall provide assistance in accordance with
this section to affected firefighters and affected next-of-kin.
(c) Inclusions.--The Program shall include the following:
(1) The provision to affected next-of-kin of the initial,
and any subsequent, notification regarding the injury, illness,
or death of an affected firefighter.
(2) The reimbursement of affected next-of-kin for expenses
associated with travel to visit an affected firefighter.
(3) The qualifications, assignment, training, duties,
supervision, and accountability for the performance of casualty
assistance officers.
(4) The relief or transfer of casualty assistance officers,
including, in any case in which a casualty assistance officer
is reassigned to another duty, the provision of notice of that
reassignment to the applicable affected firefighters and
affected next-of-kin.
(5) Centralized short-term and long-term case management
procedures for casualty assistance officers, including ensuring
rapid access to expert case managers and counselors by--
(A) casualty assistance officers; and
(B) affected firefighters and affected next-of-kin.
(6) The provision, through a computer-accessible website
and other means and at no cost to affected firefighters and
affected next-of-kin, of personalized, integrated information
relating to the benefits and financial assistance available
from the Federal Government to affected firefighters and
affected next-of-kin.
(7) The provision to affected firefighters and affected
next-of-kin of information relating to mechanisms for
registering complaints regarding, or requests for, additional
casualty assistance.
(8) Coordination among 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 affected
firefighters and affected next-of-kin.
(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 affected firefighters and
affected next-of-kin.
(d) No Effect on Certain Benefits.--The Program shall not affect
any existing authority relating to line-of-duty death benefits for
affected firefighters.
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 the supervisory or
administrative position described in clause
(i), 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 at least 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) that 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
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 may 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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