[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1683 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1683

   To correct problems pertaining to human resources for career and 
    volunteer personnel engaged in wildland fire and structure fire.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 23 (legislative day, May 22), 2019

  Mr. Daines introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To correct problems pertaining to human resources for career and 
    volunteer personnel engaged in wildland fire and structure fire.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Wildland 
Firefighter Fairness Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Single qualification and certification system.
Sec. 3. Personnel flexibility relating to the Robert T. Stafford 
                            Disaster Relief and Emergency Assistance 
                            Act.
Sec. 4. Extension of service limits for seasonal hires.
Sec. 5. Civil service retention rights.
Sec. 6. Computation of pay.

SEC. 2. SINGLE QUALIFICATION AND CERTIFICATION SYSTEM.

    (a) Merging 2 Systems.--The Secretary of the Interior and the 
Secretary of Agriculture shall work with States and the Workforce 
Development Committee of the National Wildfire Coordinating Group to 
merge the Incident Qualification System and the Incident Qualification 
and Certification System into a single system by September 30, 2027.
    (b) Elimination of Bureau Add-On Requirements.--On and after 
October 1, 2023, the Secretary of the Interior and the Secretary of 
Agriculture may not require a person to demonstrate additional 
competencies to obtain, make use of, or maintain a qualification or 
certification for a fire position, regardless of which jurisdictional 
agency employs the person.

SEC. 3. PERSONNEL FLEXIBILITY RELATING TO THE ROBERT T. STAFFORD 
              DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT.

    (a) Definition of Time-Limited Appointment.--Section 9601 of title 
5, United States Code, is amended by striking paragraph (2) and 
inserting the following:
            ``(2) the term `time-limited appointment' includes--
                    ``(A) a temporary appointment and a term 
                appointment, as defined by the Office of Personnel 
                Management;
                    ``(B) an appointment pursuant to section 306(b)(1) 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5149(b)(1)); and
                    ``(C) an appointment pursuant to subtitle E of 
                title I of the National and Community Service Act of 
                1990 (42 U.S.C. 12611 et seq.).''.
    (b) Competitive Service; Time-Limited Appointments.--Section 9602 
of title 5, United States Code, is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (d) through (g), respectively;
            (2) in subsection (a), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``Notwithstanding'' and inserting 
                ``Appointments to Land Management Agencies.--
                Notwithstanding''; and
                    (B) by inserting ``described in section 
                9601(2)(A)'' after ``time-limited appointment'';
            (3) by inserting after subsection (a) the following:
    ``(b) Appointments Under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act.--Notwithstanding chapter 33 or any other 
provision of law relating to the examination, certification, and 
appointment of individuals in the competitive service--
            ``(1) an employee appointed under the authority described 
        in section 9601(2)(B) and serving under a full-time, time-
        limited appointment is eligible to compete for a permanent 
        appointment in the competitive service at the Federal Emergency 
        Management Agency or any other agency (as defined in section 
        101 of title 31) under the internal merit promotion procedures 
        of the applicable agency if--
                    ``(A) the employee has served under one or more 
                time-limited appointments for at least 2 years without 
                a break in service; and
                    ``(B) the performance of the employee has been at 
                an acceptable level of performance throughout the one 
                or more time-limited appointment periods referred to in 
                subparagraph (A); and
            ``(2) an employee appointed under the authority described 
        in section 9601(2)(B) and serving under an intermittent, time-
        limited appointment is eligible for a permanent appointment in 
        the competitive service at the Federal Emergency Management 
        Agency or any other agency (as defined in section 101 of title 
        31) under the internal merit promotion procedures of the 
        applicable agency if--
                    ``(A) the employee has served under one or more 
                time-limited appointments;
                    ``(B) the employee has been deployed at least 522 
                days;
                    ``(C) the employee has not declined any deployments 
                while in an `available' status; and
                    ``(D) the performance of the employee has been at 
                an acceptable level of performance throughout the one 
                or more time-limited appointments referred to in 
                subparagraph (A).
    ``(c) Appointments Under the National and Community Service Act of 
1990.--
            ``(1) Definition of employee.--Notwithstanding section 
        160(a) of the National and Community Service Act of 1990 (42 
        U.S.C. 12620(a)), in this subsection, the term `employee' 
        includes individuals appointed under subtitle E of title I of 
        that Act (42 U.S.C. 16211 et seq.).
            ``(2) Competition for permanent appointment.--
        Notwithstanding chapter 33 or any other provision of law 
        relating to the examination, certification, and appointment of 
        individuals in the competitive service, a member of the 
        National Civilian Community Corps appointed under subtitle E of 
        title I of the National and Community Service Act of 1990 (42 
        U.S.C. 12611 et seq.) who serves 2 consecutive terms is 
        eligible to compete for a permanent appointment in the 
        competitive service at the Federal Emergency Management Agency 
        or any other agency (as defined in section 101 of title 31) 
        under the internal merit promotion procedures during the 2-year 
        period beginning on the date of the expiration of the 
        appointment under section 160(a) of the National and Community 
        Service Act of 1990 (42 U.S.C. 12620(a)), if the performance of 
        the employee has been at an acceptable level of performance 
        throughout the period.'';
            (4) in subsection (d) (as redesignated by paragraph (1)), 
        by striking ``In determining'' and inserting ``Waiver of Age 
        Requirements.--In determining'';
            (5) in subsection (e) (as redesignated by paragraph (1)), 
        by striking ``An individual'' and inserting ``Tenure and 
        Status.--An individual'';
            (6) in subsection (f) (as redesignated by paragraph (1)), 
        in the matter preceding paragraph (1)--
                    (A) by striking ``A former'' and inserting ``Former 
                Employees.--A former''; and
                    (B) by inserting ``or the Federal Emergency 
                Management Agency'' after ``management agency''; and
            (7) in subsection (g) (as redesignated by paragraph (1)), 
        by striking ``The Office'' and inserting ``Regulations.--The 
        Office''.

SEC. 4. EXTENSION OF SERVICE LIMITS FOR SEASONAL HIRES.

    (a) Definitions.--In this section--
            (1) the term ``covered Secretary'' means--
                    (A) the Secretary of the Interior; and
                    (B) the Secretary of Agriculture;
            (2) the term ``Director'' means the Director of the Office 
        of Personnel Management; and
            (3) the term ``pilot program'' means the pilot program 
        established under subsection (b).
    (b) Pilot Program.--The Director shall establish a pilot program 
for seasonal or temporary Federal employees, the duties of which 
primarily involve being a firefighter.
    (c) Expansion of Service Year Limitations.--Under the pilot 
program, each covered Secretary may expand a service year limitation to 
enable a seasonal firefighter to be employed for a period that exceeds 
1,040 hours in a given year if the covered Secretary determines the 
expansion to be necessary to stage fire crews earlier or later in a 
year to accommodate longer fire seasons.
    (d) Standards.--The Director, in cooperation with each covered 
Secretary, shall establish standards and guidelines for the pilot 
program.
    (e) Report.--Not later than 2 years after the date on which the 
pilot program is established, the Director shall submit a report that 
describes the use and impact of the pilot program to--
            (1) the Committee on Energy and Natural Resources and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate; and
            (2) the Committee on Natural Resources and the Committee on 
        Oversight and Reform of the House of Representatives.
    (f) Termination.--The pilot program shall terminate on the date 
that is 5 years after the date on which the pilot program is 
established.

SEC. 5. CIVIL SERVICE RETENTION RIGHTS.

    Section 8151 of title 5, United States Code, is amended by striking 
subsection (b) and inserting the following:
    ``(b) Regulations.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered employee' means an employee 
                who--
                            ``(i) served in a position in the Forest 
                        Service or the Department of the Interior as a 
                        wildland firefighter; and
                            ``(ii) sustained an injury while in the 
                        performance of duty, as determined by the 
                        Director of the Office of Personnel Management, 
                        that prevents the employee from performing the 
                        physical duties of a firefighter;
                    ``(B) the term `equivalent position' includes a 
                position for a covered employee that--
                            ``(i) allows the covered employee to 
                        receive the same retirement benefits under 
                        subchapter III of chapter 83 or chapter 84 that 
                        the covered employee would have received in the 
                        former position had the covered employee not 
                        been injured or disabled; and
                            ``(ii) does not require the covered 
                        employee to complete any more years of service 
                        than the covered employee would have been 
                        required to complete to receive the benefits 
                        described in clause (i) had the covered 
                        employee not been injured or disabled; and
                    ``(C) the term `firefighter' has the meaning given 
                the term in section 8331.
            ``(2) Regulations.--Under regulations issued by the Office 
        of Personnel Management--
                    ``(A) the department or agency that was the last 
                employer shall immediately and unconditionally accord 
                the employee, if the injury or disability has been 
                overcome within 1 year after the date of commencement 
                of compensation or from the time compensable disability 
                recurs if the recurrence begins after the injured 
                employee resumes regular full-time employment with the 
                United States, the right to resume the former position 
                of the employee or an equivalent position, as well as 
                all other attendant rights that the employee would have 
                had, or acquired, in the former position of the 
                employee had the employee not been injured or disabled, 
                including the rights to tenure, promotion, and 
                safeguards in reductions-in-force procedures;
                    ``(B) the department or agency that was the last 
                employer shall, if the injury or disability is overcome 
                within a period of more than 1 year after the date of 
                commencement of compensation, make all reasonable 
                efforts to place, and accord priority to placing, the 
                employee in the former position of the employee or an 
                equivalent position within the department or agency, or 
                within any other department or agency; and
                    ``(C) a covered employee who was injured during the 
                20-year period ending on the date of enactment of the 
                Wildland Firefighter Fairness Act may not receive the 
                same retirement benefits described in paragraph 
                (1)(B)(ii) unless the covered employee first makes a 
                payment to the Forest Service or the Department of the 
                Interior, as applicable, equal to the amount that would 
                have been deducted from pay under section 8334 or 8442, 
                as applicable, had the covered employee not been 
                injured or disabled.''.

SEC. 6. COMPUTATION OF PAY.

    (a) In General.--Section 8114 of title 5, United States Code, is 
amended by striking subsection (e) and inserting the following:
    ``(e) Overtime.--
            ``(1) Definition.--In this subsection, the term `covered 
        overtime pay' means pay received by an employee who serves in a 
        position in the Forest Service or the Department of the 
        Interior as a wildland firefighter while engaged in wildland 
        fire suppression activity.
            ``(2) Overtime.--The value of subsistence and quarters, and 
        of any other form of remuneration in kind for services if its 
        value can be estimated in money, and covered overtime pay and 
        premium pay under section 5545(c)(1) of this title are included 
        as part of the pay, but account is not taken of--
                    ``(A) overtime pay;
                    ``(B) additional pay or allowance authorized 
                outside the United States because of differential in 
                cost of living or other special circumstances; or
                    ``(C) bonus or premium pay for extraordinary 
                service including bonus or pay for particularly 
                hazardous service in time of war.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2021.
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