II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fallen Wildland Fire5 fighters Fair Compensation Act of 2013’’. 


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1 SEC. 2. DEATH AND DISABILITY BENEFITS FOR CON2 TRACTED FIREFIGHTERS OF THE FOREST 

3 SERVICE, DEPARTMENT OF THE INTERIOR 

4 AGENCIES, OR ANY STATE OR LOCAL ENTITY. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) Aerial and ground crew firefighters used to 

7 fight wildfires often work on a contract basis with 

8 a State, local, or Federal agency and, as a result, 

9 are not eligible for death or disability benefits should 

10 they be killed or injured in the line of duty. 

11 (2) Employer death benefits and life insurance 

12 for exclusive-use firefighters are expensive, and the 

13 families of these heroes have to cope not only with 

14 the loss of a loved one, but also the additional finan15 cial loss of a wage earner. 

16 (3) It is vital that Congress continue to encour17 age the recruitment and retention of brave, skilled 

18 firefighters. 

19 (b) ELIGIBILITY FOR DEATH AND DISABILITY BENE20 FITS.—Section 308 of the Federal Land Policy and Man21 agement Act of 1976 (43 U.S.C. 1738) is amended by 

22 adding at the end the following: 

23 ‘‘(c) ELIGIBILITY OF CONTRACTED FIREFIGHTERS

24 FOR DEATH AND DISABILITY BENEFITS.— 

25 ‘‘(1) ELIGIBILITY.—An individual shall be eligi26 ble for a death or disability benefit under section 


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1 1201 of the Omnibus Crime Control and Safe 

2 Streets Act of 1968 (42 U.S.C. 3796) if such indi3 vidual— 

4 ‘‘(A) serves a public agency specified in 

5 paragraph (2) as a contractor or subcontractor 

6 of such a public agency, in an official capacity, 

7 with or without compensation; 

8 ‘‘(B) performs under an exclusive use, call 

9 when needed, or equipment rental agreement 

10 contract with the public agency; and 

11 ‘‘(C) directly performs fire suppression ac12 tivities as a member of an aerial or ground13 based firefighting crew or equipment operator 

14 in the direct fire suppression, or en route to or 

15 return from such direct fire suppression activ16 ity. 

17 ‘‘(2) COVERED PUBLIC AGENCIES.—Subsection 

18 (a) applies with respect to the Forest Service, any 

19 agency of the Department of the Interior, and any 

20 State and local firefighting entity. 

21 ‘‘(3) APPLICABILITY.—This subsection shall 

22 apply with respect to death or injuries occurring on 

23 or after January 1, 1985. The amount of the benefit 

24 paid shall be the eligible amount under section 1201 

25 of the Omnibus Crime Control and Safe Streets Act 


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1 of 1968 (42 U.S.C. 3796) at the time of death or 

2 injury.’’. 

3 SEC. 3. ELIGIBILITY OF FIREFIGHTERS FOR PUBLIC SAFE4 TY OFFICER DEATH BENEFITS. 

5 (a) IN GENERAL.—Paragraph (9) of section 1204 of 

6 the Omnibus Crime Control and Safe Streets Act of 1968 

7 (42 U.S.C. 3796b) is amended— 

8 (1) in subparagraph (C) by striking ‘‘or’’ at the 

9 end; 

10 (2) in subparagraph (D) by striking the period 

11 at the end and inserting ‘‘; or’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(E) an individual performing under exclu15 sive use, call when needed, or equipment rental 

16 agreement contract with the Forest Service, any 

17 agency of the Department of the Interior, or 

18 any State or local firefighting entity in direct 

19 performance of fire suppression activities as an 

20 aerial or ground-based member of a firefighting 

21 crew or equipment operator in the direct fire 

22 suppression, or en route to or return from such 

23 direct fire suppression activity.’’. 

24 (b) APPLICABILITY.—The amendments made by sub25 section (a) shall apply with respect to death or injuries 


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1 occurring on or after January 1, 1985. The amount of 

2 the benefit paid shall be the eligible amount under section 

3 1201 of the Omnibus Crime Control and Safe Streets Act 

4 of 1968 (42 U.S.C. 3796) at the time of death or injury. 

Æ 


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