[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1628 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1628

 To provide Federal death and disability benefits for contractors who 
serve as firefighters of the Forest Service, Department of the Interior 
                agencies, or any State or local entity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 2013

  Mr. Merkley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide Federal death and disability benefits for contractors who 
serve as firefighters of the Forest Service, Department of the Interior 
                agencies, or any State or local entity.

    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 ``Fallen Wildland Firefighters Fair 
Compensation Act of 2013''.

SEC. 2. DEATH AND DISABILITY BENEFITS FOR CONTRACTED FIREFIGHTERS OF 
              THE FOREST SERVICE, DEPARTMENT OF THE INTERIOR AGENCIES, 
              OR ANY STATE OR LOCAL ENTITY.

    (a) Findings.--Congress finds the following:
            (1) Aerial and ground crew firefighters used to fight 
        wildfires often work on a contract basis with a State, local, 
        or Federal agency and, as a result, are not eligible for death 
        or disability benefits should they be killed or injured in the 
        line of duty.
            (2) Employer death benefits and life insurance for 
        exclusive-use firefighters are expensive, and the families of 
        these heroes have to cope not only with the loss of a loved 
        one, but also the additional financial loss of a wage earner.
            (3) It is vital that Congress continue to encourage the 
        recruitment and retention of brave, skilled firefighters.
    (b) Eligibility for Death and Disability Benefits.--Section 308 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1738) is 
amended by adding at the end the following:
    ``(c) Eligibility of Contracted Firefighters for Death and 
Disability Benefits.--
            ``(1) Eligibility.--An individual shall be eligible for a 
        death or disability benefit under section 1201 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) if 
        such individual--
                    ``(A) serves a public agency specified in paragraph 
                (2) as a contractor or subcontractor of such a public 
                agency, in an official capacity, with or without 
                compensation;
                    ``(B) performs under an exclusive use, call when 
                needed, or equipment rental agreement contract with the 
                public agency; and
                    ``(C) directly performs fire suppression activities 
                as a member of an aerial or ground-based firefighting 
                crew or equipment operator in the direct fire 
                suppression, or en route to or return from such direct 
                fire suppression activity.
            ``(2) Covered public agencies.--Subsection (a) applies with 
        respect to the Forest Service, any agency of the Department of 
        the Interior, and any State and local firefighting entity.
            ``(3) Applicability.--This subsection shall apply with 
        respect to death or injuries occurring on or after January 1, 
        1985. The amount of the benefit paid shall be the eligible 
        amount under section 1201 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796) at the time of death or 
        injury.''.

SEC. 3. ELIGIBILITY OF FIREFIGHTERS FOR PUBLIC SAFETY OFFICER DEATH 
              BENEFITS.

    (a) In General.--Paragraph (9) of section 1204 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
            (1) in subparagraph (C) by striking ``or'' at the end;
            (2) in subparagraph (D) by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) an individual performing under exclusive use, 
                call when needed, or equipment rental agreement 
                contract with the Forest Service, any agency of the 
                Department of the Interior, or any State or local 
                firefighting entity in direct performance of fire 
                suppression activities as an aerial or ground-based 
                member of a firefighting crew or equipment operator in 
                the direct fire suppression, or en route to or return 
                from such direct fire suppression activity.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to death or injuries occurring on or after January 
1, 1985. The amount of the benefit paid shall be the eligible amount 
under section 1201 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796) at the time of death or injury.
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