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

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.

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:

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).

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:

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

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:

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.

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:

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.

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.

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),.

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.

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.

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).

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.