[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Page S7035]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DAINES:
  S. 3544. A bill to amend title 5, United States Code, to ensure that 
certain firefighters retain retirement benefits while injured or 
disabled, and for other purposes; to the Committee on Homeland Security 
and Governmental Affairs.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3544

       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 Firefighter 
     Retirement and Disability Compensation Benefits Act of 
     2016''.

     SEC. 2. 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) held a position with 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) `equivalent position' includes a position for a 
     covered employee that allows the covered employee to--
       ``(i) receive the same retirement benefits under subchapter 
     III of chapter 83 or chapter 84 that the covered employee 
     would receive 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 that the covered employee would be 
     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 which 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 or an equivalent position of the employee, as well as 
     all other attendant rights which 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 which 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 or 
     equivalent position of the employee within such 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 Retirement and Disability Compensation Benefits 
     Act of 2016 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. 3. 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) Definitions.--In this subsection, the term `covered 
     overtime pay' means pay received by an employee who holds a 
     position with 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, 2016.

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