[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2858 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2858

    To implement reforms to the Federal land management agency fire 
programs in order to address the complexities of 21st century wildfires 
             in a more cost-effective and efficient manner.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2013

 Ms. DeGette introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
    To implement reforms to the Federal land management agency fire 
programs in order to address the complexities of 21st century wildfires 
             in a more cost-effective and efficient manner.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wildland Firefighters Protection 
Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``wildland firefighter'' means an employee of 
        a Federal land management agency, the duties of whose position 
        are primarily to perform work directly related to the 
        prevention, control, suppression, and management of wildfires, 
        including--
                    (A) an employee of a Federal land management agency 
                who is assigned to support wildland fire suppression 
                activities; and
                    (B) an employee who is transferred to a supervisory 
                or administrative position from a position of wildland 
                firefighter (as defined by the preceding provisions of 
                this paragraph);
            (2) the term ``Federal land management agency'' means--
                    (A) within the Department of the Interior, the 
                Bureau of Land Management, the Bureau of Indian 
                Affairs, the National Park Service, and the Fish and 
                Wildlife Service; and
                    (B) within the Department of Agriculture, the 
                Forest Service; and
            (3) the term ``employee'' has the meaning given such term 
        by section 2105 of title 5, United States Code.

SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS.

    (a) Requirements.--
            (1) In general.--Within 30 days after the date of the 
        enactment of this Act, the Office of Personnel Management, in 
        cooperation with the Federal land management agencies, shall 
        commence development of a separate and distinct wildland 
        firefighter occupational series that will more accurately 
        reflect the variety of duties performed by wildland 
        firefighters.
            (2) Designation.--The official title assigned to any 
        occupational series established pursuant to paragraph (1) shall 
        include the designation of ``Wildland Firefighter''.
            (3) Positions described.--Paragraph (1) applies with 
        respect to any class or other category of positions that 
        consists primarily or exclusively of forestry technician 
        positions, range technician positions, or any other positions 
        the duties and responsibilities of which include--
                    (A) significant wildfire preparedness and 
                suppression activities; or
                    (B) activities necessary to meet any other 
                emergency incident to which assigned.
            (4) Consultation.--Congress encourages the Office of 
        Personnel Management to consult with recognized employee 
        organizations, employee associations, and any other groups that 
        represent Federal wildland firefighters in carrying out this 
        subsection.
    (b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1) 
of title 5, United States Code, is amended by striking all after 
``except'' and inserting an em dash and the following:
                    ``(A) an employee in an occupational series 
                covering positions for which the primary duties are 
                wildland firefighting, as determined by the Office; and
                    ``(B) in such other circumstances as the Office may 
                by regulation prescribe; and''.
    (c) Employees Currently in 401 Series.--Any individual who, as of 
the date of the enactment of this Act, holds a position of wildland 
firefighter shall have the option of either remaining in the 401 series 
(as in effect on such date under chapter 51 of title 5, United States 
Code) or being included in the new wildland firefighter series, as 
established pursuant to subsection (a).

SEC. 4. PAY AND BENEFITS.

    (a) Portal-to-Portal Compensation Pilot Program.--
            (1) In general.--In the case of a wildland firefighter, for 
        full-time, part-time, and intermittent tours of duty, hours of 
        work officially ordered or approved in excess of 40 hours per 
        week or 8 hours per day shall be considered overtime work, 
        inclusive of all time the firefighter is away from their 
        official duty station assigned to an emergency incident, in 
        support of an emergency incident (including wildfires, 
        hurricanes, and other natural disasters to which employees are 
        assigned) in support of an emergency incident, or pre-
        positioned for emergency response, and shall be compensable as 
        work time in accordance with section 5542(a) of title 5, United 
        States Code, as amended by paragraph (2)(A). The provisions of 
        this subsection and the amendments made by this subsection 
        comprise the portal-to-portal compensation pilot program.
            (2) Requirements.--
                    (A) Amendment to title 5.--Section 5542(a) of title 
                5, United States Code, is amended by adding at the end 
                (as a flush left sentence) the following:
``Notwithstanding paragraphs (1) and (2), and only for the duration of 
the portal-to-portal compensation program under section 4 of the 
Wildland Firefighters Protection Act, for a wildland firefighter 
assigned to an emergency incident, assigned in support of an emergency 
incident, or pre-positioned for emergency response, the overtime hourly 
rate of pay is an amount equal to one and one-half times the hourly 
rate of the basic pay of the employee, and that entire amount is 
premium pay.''.
                    (B) Fair labor standards act of 1938.--For the 
                purpose of applying the provisions of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 201 and following) 
                with respect to wildland firefighters, no violation 
                referred to in such provisions shall be considered to 
                have occurred if the requirements described in the 
                amendment made by subparagraph (A) are met.
                    (C) Duration and scope of pilot program.--The pilot 
                program shall be carried out by the Department of the 
                Interior and the Department of Agriculture--
                            (i) for a period not to exceed 3 calendar 
                        years beginning as of the start of the 2014 
                        wildfire season; and
                            (ii) with respect to wildland firefighters 
                        holding positions within such geographic areas 
                        as the Secretary of Agriculture shall, in 
                        consultation with the Secretary of the 
                        Interior, determine.
                    (D) Funding.--Notwithstanding any other provision 
                of law, there shall be made available from the FLAME 
                Wildfire Suppression Reserve Funds, established by 
                section 502(b) of the FLAME Act of 2009 (43 U.S.C. 
                1748a(b)), an amount--
                            (i) sufficient to carry out the portal-to-
                        portal compensation pilot program; but
                            (ii) only to the extent that--
                                    (I) in the case of the 2014 
                                wildfire season and any subsequent 
                                wildfire season during which the pilot 
                                program is in effect, such amount 
                                exceeds
                                    (II) the average corresponding 
                                expenses which were paid, with respect 
                                to wildland firefighters holding 
                                positions within the geographic area or 
                                areas covered by the program (as 
                                specified under subparagraph (C)(ii)) 
                                for the 2012 and 2013 wildfire seasons.
                    (E) Report.--No later than 90 days after the 
                completion of the pilot program, the Secretary of the 
                Interior and the Secretary of Agriculture shall submit 
                to Congress a joint report on the effectiveness of the 
                pilot program. Such report shall address the effect of 
                the program with respect to--
                            (i) recruitment and retention of wildland 
                        firefighters; and
                            (ii) any cost savings.
                    (F) Exemption.--Employees compensated under the 
                pilot program shall, for the period of such program, be 
                exempt from any limitation on premium pay under section 
                5547 of title 5, United States Code.
    (b) Hazardous Duty Differential To Be Treated as Part of a Wildland 
Firefighter's Base Pay for Retirement Purposes.--
            (1) In general.--Section 8331(3) of title 5, United States 
        Code is amended--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) in subparagraph (H), by inserting ``and'' at 
                the end; and
                    (C) by adding after subparagraph (H) the following:
                    ``(I) with respect to a wildland firefighter (as 
                defined by section 2 of the Wildland Firefighters 
                Protection Act), any pay differential received under 
                section 5545(d);''.
            (2) Conforming amendment.--Such section 8331(3) is further 
        amended, in the matter following subparagraph (I) (as added by 
        paragraph (1)(C)), by striking ``subparagraphs (B) through (H) 
        of this paragraph'' and inserting ``subparagraphs (B) through 
        (I),''.
    (c) Hazardous Duty Differential.--
            (1) In general.--In the administration of section 5545(d) 
        of title 5, United States Code, the Office of Personnel 
        Management shall take such measures as may be necessary to 
        ensure that, under the schedule or schedules of pay 
        differentials for duty involving unusual physical hardship or 
        hazard, a pay differential of 25 percent shall be payable to an 
        individual while serving as a member of a wildland firefighting 
        crew.
            (2) Definition.--For purposes of this subsection, the term 
        ``wildland firefighting crew'' includes ground (hand crew, 
        hotshot, engine, and other fire apparatus personnel) and 
        airborne (smoke jumper or helitack) firefighting personnel on 
        the fire line of any wildfire or prescribed fuel treatment burn 
        or fire, as further defined in regulations of the Office of 
        Personnel Management.
    (d) Buy Back of Civilian Time After 1989.--
            (1) In general.--Any individual who is subject to the 
        Federal Employees' Retirement System as a firefighter (within 
        the meaning of section 8401 of title 5, United States Code) on 
        the date of the enactment of this Act shall be entitled to have 
        any qualifying firefighter service treated as creditable 
        service under section 8411 of such title.
            (2) Qualifying firefighter service.--For purposes of this 
        subsection, the term ``qualifying firefighter service'' means, 
        in connection with an individual, any service--
                    (A) which was performed by such individual, as a 
                wildland firefighter, after 1989 and before the date of 
                the enactment of this Act; and
                    (B) for which such individual was not allowed to 
                receive retirement credit by reason of section 8347(g) 
                or 8402(c) of such title 5.
            (3) Deposit requirement.--Credit for a period of service 
        may not be given under this subsection unless the individual 
        involved makes a deposit, in such manner as the Office of 
        Personnel Management may by regulation require, equal to the 
        employee contributions that would have been required (in the 
        case of a firefighter) for such period under section 8334(c) or 
        8422(a) of such title 5, with interest.
            (4) Certification.--The Office of Personnel Management 
        shall accept the certification of the Secretary of the Interior 
        or the Secretary of Agriculture, as the case may be, concerning 
        whether an individual performed qualifying firefighter service 
        and the length of the period of such service the individual 
        performed.
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