[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9986-H9989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           FEDERAL FIREFIGHTER RETIREMENT AGE CORRECTION ACT

  Mr. OSE. Madam Speaker, I move to suspend the rules and pass the bill 
(H.R. 460) to amend title 5, United States Code, to provide that the 
mandatory separation age for Federal firefighters be made the same as 
the age that applies with respect to Federal law enforcement officers.
  The Clerk read as follows:

                                H.R. 460

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

     SECTION 1. MANDATORY SEPARATION AGE FOR FIREFIGHTERS.

       (a) Civil Service Retirement System.--
       (1) In general.--The second sentence of section 8335(b) of 
     title 5, United States Code, is amended--
       (A) by inserting ``, firefighter,'' after ``law enforcement 
     officer''; and
       (B) by inserting ``, firefighter,'' after ``that officer''.
       (2) Conforming amendment.--Section 8335(b) of title 5, 
     United States Code, is amended by striking the first 
     sentence.
       (b) Federal Employees' Retirement System.--
       (1) In general.--The second sentence of section 8425(b) of 
     title 5, United States Code, is amended--
       (A) by inserting ``, firefighter,'' after ``law enforcement 
     officer''; and
       (B) by inserting ``, firefighter,'' after ``that officer''.
       (2) Conforming amendment.--Section 8425(b) of title 5, 
     United States Code, is amended by striking the first 
     sentence.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Ose) and the gentleman from Maryland (Mr. Cummings) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Ose).


                             General Leave

  Mr. OSE. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 460.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. OSE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I am pleased to have the House consider H.R. 460, 
important legislation introduced by the gentleman from California (Mr. 
Gallegly). This bipartisan legislation amends Federal civil service law 
relating to the Civil Service Retirement System and the Federal 
Employees' Retirement System to provide the same mandatory separation 
age for

[[Page H9987]]

Federal firefighters and Federal law enforcement officers who have 20 
years of service.
  Currently, the mandatory separation age is 55 for firefighters and 57 
for law enforcement officers. In both cases, an agency head may allow 
the employees to work until age 60 if that is required by the public 
interests.
  The Subcommittee on Civil Service has examined the legislative 
history of these mandatory separation ages and the committee determined 
that there is no rationale for continuing to maintain the discrepancy 
that currently exists. If enacted, H.R. 460 will bolster our 
firefighting capabilities allowing these brave men and women the option 
of continuing their careers for an additional 2 years and will make it 
easier to maintain more experienced firefighters in the field and in 
senior management positions.
  Madam Speaker, I encourage all Members to support this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, as of early September, more than 6.5 million acres, 
more than two times the 10-year national average, have burned. Federal 
manpower resources were spread thin. More than 29,000 people were 
involved in firefighting efforts, including approximately 2,500 Army 
soldiers and Marines and fire managers from Canada, Australia, Mexico, 
and New Zealand. In addition, 1,200 fire engines, 240 helicopters and 
50 airtankers were in use this season.
  If nothing else, this fire season has taught us that we must take 
steps to recruit and retain more Federal firefighters. H.R. 460 is a 
step in that direction.
  From the start of the Civil Service Retirement System in 1920 until 
1978, all Federal workers were required to retire at age 70, if, at 
that age, they had completed at least 15 years of service. In 1978, 
mandatory retirement was repealed for most Federal workers; although, 
it continues to apply to special occupational groups whose duties 
pertain to public safety.
  Under current law, Federal law enforcement officers must retire at 
age 57 or as soon after that age as they complete 20 years of service. 
The agency head may grant exemptions up to age 60. Federal firefighters 
must retire at age 55 or as soon thereafter as they complete 20 years 
of service.
  H.R. 460 would raise the mandatory retirement age for firefighters to 
mirror that of Federal law enforcement officers. It would raise the 
mandatory retirement age of Federal firefighters to that of age 57.
  In June, The Washington Post reported a 5.8 percent reduction in the 
number of firefighters nationwide. H.R. 460 will help stem the 
declining firefighting population and will help the Federal Government 
retain some of its most experienced firefighters.
  In addition to supporting this legislation, I urge my colleagues to 
support a bill I introduced last year that will be of equal benefit to 
the Federal public safety community. In May of last year, I introduced 
H.R. 1769, the Federal Employees Benefits Equity Act of 1999. This bill 
works to eliminate a number of inequities found in the computation of 
benefits for public safety employees under the Federal Employees 
Retirement System and the Civil Service Retirement System.
  Although H.R. 1769, like the bill before us, H.R. 460, would be of 
tremendous benefit to the firefighter and law enforcement communities 
and their families, it is yet to be scheduled for floor action.
  I look forward to working with the gentleman from Florida (Mr. 
Scarborough), chairman of the Subcommittee on Civil Service, and the 
author of H.R. 460, the gentleman from California (Mr. Gallegly), to 
bring H.R. 1769 to the floor of the House before the end of session.
  Madam Speaker, I would be more than remiss if I did not acknowledge 
the hard work of the gentlewoman from California (Mrs. Capps) who 
worked so diligently with the gentleman from California (Mr. Gallegly) 
to bring H.R. 460 to this floor today.
  I thank the gentlewoman and I thank the members of the Committee on 
Government Reform. I thank the members of the Subcommittee on Civil 
Service; and I join with my colleagues, with the gentlewoman from 
California (Mrs.  Capps) and the gentleman from California (Mr. 
Gallegly) and ask that my colleagues give this bill your support.
  Madam Speaker, I yield back the balance of my time.
  Mr. OSE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I want to commend the gentleman from California (Mr. 
Gallegly) for introducing this important bill and for his efforts to 
bring it to the floor. I also want to thank the gentleman from Maryland 
(Mr. Cummings), the distinguished ranking member, for cosponsoring the 
bill and for his continued work and cooperation on it.
  I would also like to extend heartfelt thanks to the gentleman from 
Indiana (Mr. Burton), chairman of the Committee on Government Reform; 
the gentleman from Florida (Mr. Scarborough), the chairman of the 
Subcommittee on Civil Service; the gentleman from California (Mr. 
Waxman), the ranking member, for their support.
  The Congressional Budget Office estimates that the bill will actually 
save the government $4 million in direct spending over the next 5 
years. The Office of Personnel Management, which administers civil 
service retirement, believes that it is appropriate to apply the same 
mandatory separation age to firefighters and law enforcement officers. 
I urge Members to lend their support.
  Madam Speaker, I yield 5 minutes to the gentleman from Pennsylvania 
(Mr. Weldon).
  (Mr. WELDON of Pennsylvania asked and was given permission to revise 
and extend his remarks.)
  Mr. WELDON of Pennsylvania. Madam Speaker, I want to thank my 
colleagues on both sides of the aisle for this important legislation 
and the gentleman from California (Mr. Gallegly) for his work in this 
effort.
  I want to relate to my colleagues that since I have been in Congress 
for the past 14 years, the support for our fire and EMS people has been 
one of my top priorities, partly because I was a volunteer firefighter 
and a fire chief before coming here.
  I have traveled to all 50 States and spoken to all their national and 
Statewide associations. This has, without any doubt, been the most 
responsive Congress in the history of this institution in support of 
the Nation's fire and EMS community.
  We passed, earlier this year, a $2.9 billion appropriation for the 
forest fire problem in America, including replenishing funds that were 
used up with the forest fires of this year.
  We passed a $100 million add-on to the supplemental bill, which the 
leadership has committed will be in the final act signed by the 
President next week.
  We passed as part of our defense bill, not only a $500 million 
authorization initiative that I was able to get included, but we 
increased the availability for Federal surplus property for fire and 
EMS departments.
  We commissioned a special panel to look at the radio frequency 
spectrum issue to make more radio frequency spectrum available.
  We established a seven-member advisory board in the Pentagon of the 
fire and EMS groups to look at technology that can benefit firefighters 
and paramedics around the country, and we have taken a whole new effort 
to revitalize support for the rural firefighters of America. In fact, a 
new multiyear grant program that we established under FEMA will, in 
fact, give fire departments across the country the opportunity to 
provide matching funds to buy equipment, turn out gear, breathing 
apparatus and all those other tools that are so necessary.
  This bill adds one more dimension to what we have done in this 
Congress for the Nation's fire and EMS community. They are our domestic 
defenders. They are the people who respond to every disaster that we 
have in America, from hurricane and fire to flood and tornado they are 
there, they have been there longer than the country has been a country, 
100 of them are killed each year in the course of doing their duty, 
even though 85 percent of them are volunteers.
  This legislation specifically pays attention to the retirement status 
of firefighters. It is significant legislation, because it brings them 
in line

[[Page H9988]]

with law enforcement and other personnel.
  Madam Speaker, I want to applaud our membership and leadership on 
both sides of the aisle, my colleagues who have done a great job; and I 
just say to our colleagues they can go home with a great deal of pride 
and let the fire and EMS community know we are on their side.
  In fact, just within the next hour, I will be meeting with the 
representative of AmeriCorps. Now I have never supported the AmeriCorps 
program; and I never supported it because it is a half a billion dollar 
program to create volunteers, but the volunteer fire service has never 
been eligible for the program.

                              {time}  1515

  Amazing. It is not politically correct to volunteer to fight fires or 
to be ambulance or paramedic attendants. They want to come in now 
because AmeriCorps wants to support America's emergency response 
personnel who are volunteers. To our colleagues, this has been a 
fantastic situation.
  I would just add, not one of these initiatives was proposed by the 
White House. Every one of these initiatives came from our colleagues on 
both sides of the aisle who have worked together to bring additional 
support for America's domestic defenders.
  Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I agree with the gentleman from Pennsylvania (Mr. 
Weldon) in this light, that the committee has been very responsive to 
firefighters. We understand clearly the job that they do. We understand 
the dangers. We also understand that we owe them a great debt of 
gratitude.
  We have seen the fires in the West, and we realize that so often when 
those fire fighters go into the woods and go to put out those forest 
fires, and other kinds of fires, of course, they do not know whether 
they are coming home.
  So because of that, I think our committee has been very, very 
sensitive. I want to thank the gentleman from California (Mr. Ose) for 
all of his hard work on our subcommittee, and all the other members of 
the subcommittee, because it was a bipartisan effort.
  Mr. TURNER. Madam Speaker, I rise to honor the efforts of thousands 
of firefighters who have struggled against one of the worst fire 
seasons in decades. In Texas we saw over 31,000 fires destroy almost 
600,000 acres of forests, grasslands, homes, and businesses.
  The wildfires that swept across East Texas this summer were part of a 
nation-wide fire season that burned almost 7 million acres, equal to 
the entire state of Maryland.
  It is difficult to imagine the destruction we would have witnessed if 
it were not for the thousands of brave men and women who fought the 
fires that threatened their homes and their communities. Without the 
work of these firefighters, many more acres would have been reduced to 
charred fields and skeletal homes. Many more forests would have been 
left smoldering, and many more lives would have been put in grave 
danger.
  I offer my heartfelt gratitude to every person who took part in the 
dangerous fight to combat these devastating fires. Their work in 
protecting our lives, our families, our property, and our environment 
is deeply appreciated by all East Texans.
  Fighting fires is trying and exhausting work. Hot, smoke-filled air 
and ash clog the lungs, and East Texas summer temperatures often climb 
well over 100 degrees. In addition to directly attacking the fires, our 
firefighters spent their time cutting fire lines, burning out dangerous 
areas, and mopping up after fires so that they do not flare up again. 
They walk fire lines for miles and spend hours scrapping, chopping, and 
digging while wearing stifling protective equipment.
  Sleep is infrequent, uncomfortable, and rarely uninterrupted. There's 
no 9 to 5 shift on the fire line; crews work around the clock, pushing 
themselves past the point of exhaustion. Blistered feet and bloodshot 
eyes are universal, while heat exhaustion and serious injuries are 
common. Occasionally, a brave firefighter will lose his life.
  Entire communities have banded together fighting the fires. Fire 
support teams have volunteers working as drivers, equipment managers, 
and assistant paramedics. It is a mental and physical challenge, and 
our firefighters have shown commitment, strength and determination that 
make us all proud.
  As children, our parents told us stories of all types of heros. From 
David fighting Goliath to knights in shining armor, from Greek warriors 
to great patriots like George Washington, Sam Houston, and Davy 
Crockett we strive to reach their level of courage, bravery, 
determination and faith. We admire them for protecting their families, 
their lands, and their communities.
  This summer, the firefighters of East Texas have given us new stories 
to tell our children. Their sacrifices saved countless lives, 
buildings, and acres of natural resources.
  We owed them a great debt. I hope that our children will listen 
closely to the stories we tell. When they grow up, we can only hope 
that they will follow the example set by these heros. Our firefighters 
represent the highest standards of public service.
  Mr. GALLEGLY. Madam Speaker, I would first like to thank Chairman 
Burton, Subcommittee Chairman Scarborough, Mr. Camp and Ms. Capps for 
their help in bringing this bill to the floor. I would also like to 
thank my constituent, retired Captain Mike Hair of the federal 
firefighting unit at Point Mugu Naval Air Station, for first bringing 
this important issue to my attention.
  Madam Speaker, H.R. 460 is a bill I first introduced in 1995 to stop 
the forced early retirement of our federal firefighters. The bill 
raises the mandatory retirement age for federal firefighters from 55 to 
57, allowing federal firefighters the option of continuing their 
careers for an additional two years. The bill has gained over 92 
bipartisan cosponsors, and the endorsement of the International 
Association of Fire Chiefs.
  Several years ago, Congress passed legislation which raised the 
mandatory retirement age for ``federal law enforcement officers'' from 
55 to 57. However, Congress neglected to raise the retirement age for 
federal firefighters. The net result has been that capable firefighters 
are being denied the opportunity to work simply because they turn 55. I 
introduced H.R. 460 to correct this omission in the law.
  Madam Speaker, when this year's fire season reached its height, 
communities around the nation endured a dangerous shortage of 
experienced firefighters. I represent most of Ventura County, 
California, which has faced two major brush fires since the beginning 
of the fire season in mid-May. These fires have consumed thousands of 
acres. The latest of the fires struck dry grass in Piru, injuring five 
firefighters and scorching hundreds of acres near an underground oil 
pipeline.
  Firefighters from the U.S. Forest Service and California Department 
of Forestry joined hundreds of firefighters form Ventura and Los 
Angeles counties to battle the flames.
  Despite an increase in the overall fire budget nationally, federal 
fire management officers in California and the rest of the West faced a 
shortage of experienced personnel. With a declining firefighting 
population nationwide, Governors in some cases had to call upon Army 
National Guard units and volunteers with much less experience and 
training to fight the fires. In addition, CBS News reported that even 
retired fire managers were being called up to oversee and manage these 
fires. In the aftermath, firefighting officials are now looking for 
ways to help prevent a repeat of this year's devastation, which claimed 
more than 6 million acres.
  According to the Washington Post, 57 percent of the U.S. Forest 
Service firefighters are 45 or older. According to the Brookings 
Institute, most new hires are 35 and older and training for senior 
management positions can take 12 to 17 years. As a result, we are 
losing our best and most experienced firefighters to forced early 
retirement.
  If enacted, this bill will bolster our firefighting capabilities by 
maintaining more experienced firefighters in the field and in senior 
management positions by allowing these brave men and women the option 
of continuing their careers for an additional two years. As an added 
bonus, Madam Speaker, the CBO estimates that the bill will actually 
save the government $4 million over the next 5 years.
  We must act now to ensure we have the experienced personnel needed to 
fight our nation's fires during next year's fire season.
  Mrs. CAPPS. Madam Speaker, I rise today in support of H.R. 460, a 
bill to raise the mandatory retirement age for federal firefighters 
from 55 to 57. As the lead cosponsor, I am proud that the House has 
passed this timely legislation.
  As the recent wildfires which ravaged much of the West have shown, 
firefighters, are in great demand. Many of our Nation's firefighters 
are quickly approaching retirement age, highlighting the growing 
shortage of well-trained, quality firefighters. In my District, federal 
firefighters have been part of the team of courageous men and women 
battling the Harris fire and the smoldering peat bog on Vandenberg Air 
Force Base during the past several weeks. These heroes deserve our 
strongest support, and I'm proud to have played a role in securing this 
victory. This important legislation will allow more firefighters to 
remain on the front lines in the battle against devastating fires in my 
District and across the country.
  Several years ago, Congress raised the mandatory retirement age for 
federal law enforcement officers from 55 to 57. H.R. 460

[[Page H9989]]

would correct this oversight and adjust the federal firefighters' 
retirement age so that it is equal to that of federal law enforcement 
officers. This legislation has bipartisan support and the endorsement 
of the International Association of Fire Chiefs (IAFC).
  Currently, over 2,500 federal firefighters are based in California--
the largest percentage of federal firefighters in the country. A recent 
report issued by the General Accounting Office (GAO) stated that 
because of an aging work force there will be a shortage of qualified 
firefighters in the U.S. Forest Service and the Bureau of Land 
Management, and that the situation could have a direct impact on 
firefighters' safety. In fact, as reported recently in the Washington 
Post, 57 percent of Forest Service firefighters are 45 years of older 
(8/11/00). Because it takes 17-22 years of experience to become 
eligible for firefighters leadership positions, an extra two years of 
service would be of critical importance to a qualified and effective 
fire fighting operation.
  Madam Speaker, I thank you for the opportunity to bring this 
important legislation to the Floor for a vote and I commend the 
dauntless efforts of the firefighters in my District and across the 
nation.
  Mr. CUMMINGS. Madam Speaker, I yield back the balance of my time.
  Mr. OSE. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from California (Mr. Ose) that the House 
suspend the rules and pass the bill, H.R. 460.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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