I 

113TH CONGRESS 

1ST SESSION H. R. 2858 

To implement reforms to the Federal land management agency fire programs 

in order to address the complexities of 21st century wildfires in a more 

cost-effective and efficient manner. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2013 

Ms. DEGETTE introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To implement reforms to the Federal land management agency fire programs in order to address the complexities 

of 21st century wildfires in a more cost-effective and 

efficient manner. 

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 ‘‘Wildland Firefighters 

5 Protection Act’’. 

6 SEC. 2. DEFINITIONS. 

7 For the purposes of this Act— 


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1 (1) the term ‘‘wildland firefighter’’ means an 

2 employee of a Federal land management agency, the 

3 duties of whose position are primarily to perform 

4 work directly related to the prevention, control, sup5 pression, and management of wildfires, including— 

6 (A) an employee of a Federal land man7 agement agency who is assigned to support 

8 wildland fire suppression activities; and 

9 (B) an employee who is transferred to a 

10 supervisory or administrative position from a 

11 position of wildland firefighter (as defined by 

12 the preceding provisions of this paragraph); 

13 (2) the term ‘‘Federal land management agen14 cy’’ means— 

15 (A) within the Department of the Interior, 

16 the Bureau of Land Management, the Bureau 

17 of Indian Affairs, the National Park Service, 

18 and the Fish and Wildlife Service; and 

19 (B) within the Department of Agriculture, 

20 the Forest Service; and 

21 (3) the term ‘‘employee’’ has the meaning given 

22 such term by section 2105 of title 5, United States 

23 Code. 

24 SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS. 

25 (a) REQUIREMENTS.— 


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1 (1) IN GENERAL.—Within 30 days after the 

2 date of the enactment of this Act, the Office of Per3 sonnel Management, in cooperation with the Federal 

4 land management agencies, shall commence develop5 ment of a separate and distinct wildland firefighter 

6 occupational series that will more accurately reflect 

7 the variety of duties performed by wildland fire8 fighters. 

9 (2) DESIGNATION.—The official title assigned 

10 to any occupational series established pursuant to 

11 paragraph (1) shall include the designation of 

12 ‘‘Wildland Firefighter’’. 

13 (3) POSITIONS DESCRIBED.—Paragraph (1) ap14 plies with respect to any class or other category of 

15 positions that consists primarily or exclusively of for16 estry technician positions, range technician posi17 tions, or any other positions the duties and respon18 sibilities of which include— 

19 (A) significant wildfire preparedness and 

20 suppression activities; or 

21 (B) activities necessary to meet any other 

22 emergency incident to which assigned. 

23 (4) CONSULTATION.—Congress encourages the 

24 Office of Personnel Management to consult with rec25 ognized employee organizations, employee associaVerDate Mar 15 2010 23:10 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2858.IH H2858

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1 tions, and any other groups that represent Federal 

2 wildland firefighters in carrying out this subsection. 

3 (b) HAZARDOUS DUTY DIFFERENTIAL NOT AF4 FECTED.—Section 5545(d)(1) of title 5, United States 

5 Code, is amended by striking all after ‘‘except’’ and insert6 ing an em dash and the following: 

7 ‘‘(A) an employee in an occupational series 

8 covering positions for which the primary duties 

9 are wildland firefighting, as determined by the 

10 Office; and 

11 ‘‘(B) in such other circumstances as the 

12 Office may by regulation prescribe; and’’. 

13 (c) EMPLOYEES CURRENTLY IN 401 SERIES.—Any 

14 individual who, as of the date of the enactment of this 

15 Act, holds a position of wildland firefighter shall have the 

16 option of either remaining in the 401 series (as in effect 

17 on such date under chapter 51 of title 5, United States 

18 Code) or being included in the new wildland firefighter se19 ries, as established pursuant to subsection (a). 

20 SEC. 4. PAY AND BENEFITS. 

21 (a) PORTAL-TO-PORTAL COMPENSATION PILOT PRO22 GRAM.— 

23 (1) IN GENERAL.—In the case of a wildland 

24 firefighter, for full-time, part-time, and intermittent 

25 tours of duty, hours of work officially ordered or apVerDate Mar 15 2010 23:10 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2858.IH H2858

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1 proved in excess of 40 hours per week or 8 hours 

2 per day shall be considered overtime work, inclusive 

3 of all time the firefighter is away from their official 

4 duty station assigned to an emergency incident, in 

5 support of an emergency incident (including 

6 wildfires, hurricanes, and other natural disasters to 

7 which employees are assigned) in support of an 

8 emergency incident, or pre-positioned for emergency 

9 response, and shall be compensable as work time in 

10 accordance with section 5542(a) of title 5, United 

11 States Code, as amended by paragraph (2)(A). The 

12 provisions of this subsection and the amendments 

13 made by this subsection comprise the portal-to-por14 tal compensation pilot program. 

15 (2) REQUIREMENTS.— 

16 (A) AMENDMENT TO TITLE 5.—Section 

17 5542(a) of title 5, United States Code, is 

18 amended by adding at the end (as a flush left 

19 sentence) the following: 

20 ‘‘Notwithstanding paragraphs (1) and (2), and only for 

21 the duration of the portal-to-portal compensation program 

22 under section 4 of the Wildland Firefighters Protection 

23 Act, for a wildland firefighter assigned to an emergency 

24 incident, assigned in support of an emergency incident, or 

25 pre-positioned for emergency response, the overtime hourVerDate Mar 15 2010 23:10 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2858.IH H2858

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1 ly rate of pay is an amount equal to one and one-half times 

2 the hourly rate of the basic pay of the employee, and that 

3 entire amount is premium pay.’’. 

4 (B) FAIR LABOR STANDARDS ACT OF

5 1938.—For the purpose of applying the provi6 sions of the Fair Labor Standards Act of 1938 

7 (29 U.S.C. 201 and following) with respect to 

8 wildland firefighters, no violation referred to in 

9 such provisions shall be considered to have oc10 curred if the requirements described in the 

11 amendment made by subparagraph (A) are met. 

12 (C) DURATION AND SCOPE OF PILOT PRO13 GRAM.—The pilot program shall be carried out 

14 by the Department of the Interior and the De15 partment of Agriculture— 

16 (i) for a period not to exceed 3 cal17 endar years beginning as of the start of 

18 the 2014 wildfire season; and 

19 (ii) with respect to wildland fire20 fighters holding positions within such geo21 graphic areas as the Secretary of Agri22 culture shall, in consultation with the Sec23 retary of the Interior, determine. 

24 (D) FUNDING.—Notwithstanding any 

25 other provision of law, there shall be made 


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1 available from the FLAME Wildfire Suppres2 sion Reserve Funds, established by section 

3 502(b) of the FLAME Act of 2009 (43 U.S.C. 

4 1748a(b)), an amount— 

5 (i) sufficient to carry out the portal6 to-portal compensation pilot program; but 

7 (ii) only to the extent that— 

8 (I) in the case of the 2014 wild9 fire season and any subsequent wild10 fire season during which the pilot pro11 gram is in effect, such amount ex12 ceeds 

13 (II) the average corresponding 

14 expenses which were paid, with re15 spect to wildland firefighters holding 

16 positions within the geographic area 

17 or areas covered by the program (as 

18 specified under subparagraph (C)(ii)) 

19 for the 2012 and 2013 wildfire sea20 sons. 

21 (E) REPORT.—No later than 90 days after 

22 the completion of the pilot program, the Sec23 retary of the Interior and the Secretary of Agri24 culture shall submit to Congress a joint report 

25 on the effectiveness of the pilot program. Such 


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1 report shall address the effect of the program 

2 with respect to— 

3 (i) recruitment and retention of 

4 wildland firefighters; and 

5 (ii) any cost savings. 

6 (F) EXEMPTION.—Employees compensated 

7 under the pilot program shall, for the period of 

8 such program, be exempt from any limitation 

9 on premium pay under section 5547 of title 5, 

10 United States Code. 

11 (b) HAZARDOUS DUTY DIFFERENTIAL TO BE

12 TREATED AS PART OF A WILDLAND FIREFIGHTER’S

13 BASE PAY FOR RETIREMENT PURPOSES.— 

14 (1) IN GENERAL.—Section 8331(3) of title 5, 

15 United States Code is amended— 

16 (A) in subparagraph (G), by striking 

17 ‘‘and’’ at the end; 

18 (B) in subparagraph (H), by inserting 

19 ‘‘and’’ at the end; and 

20 (C) by adding after subparagraph (H) the 

21 following: 

22 ‘‘(I) with respect to a wildland firefighter 

23 (as defined by section 2 of the Wildland Fire24 fighters Protection Act), any pay differential re25 ceived under section 5545(d);’’. 


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1 (2) CONFORMING AMENDMENT.—Such section 

2 8331(3) is further amended, in the matter following 

3 subparagraph (I) (as added by paragraph (1)(C)), 

4 by striking ‘‘subparagraphs (B) through (H) of this 

5 paragraph’’ and inserting ‘‘subparagraphs (B) 

6 through (I),’’. 

7 (c) HAZARDOUS DUTY DIFFERENTIAL.— 

8 (1) IN GENERAL.—In the administration of sec9 tion 5545(d) of title 5, United States Code, the Of10 fice of Personnel Management shall take such meas11 ures as may be necessary to ensure that, under the 

12 schedule or schedules of pay differentials for duty 

13 involving unusual physical hardship or hazard, a pay 

14 differential of 25 percent shall be payable to an indi15 vidual while serving as a member of a wildland fire16 fighting crew. 

17 (2) DEFINITION.—For purposes of this sub18 section, the term ‘‘wildland firefighting crew’’ in19 cludes ground (hand crew, hotshot, engine, and 

20 other fire apparatus personnel) and airborne (smoke 

21 jumper or helitack) firefighting personnel on the fire 

22 line of any wildfire or prescribed fuel treatment burn 

23 or fire, as further defined in regulations of the Of24 fice of Personnel Management. 

25 (d) BUY BACK OF CIVILIAN TIME AFTER 1989.— 


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1 (1) IN GENERAL.—Any individual who is sub2 ject to the Federal Employees’ Retirement System 

3 as a firefighter (within the meaning of section 8401 

4 of title 5, United States Code) on the date of the en5 actment of this Act shall be entitled to have any 

6 qualifying firefighter service treated as creditable 

7 service under section 8411 of such title. 

8 (2) QUALIFYING FIREFIGHTER SERVICE.—For 

9 purposes of this subsection, the term ‘‘qualifying 

10 firefighter service’’ means, in connection with an in11 dividual, any service— 

12 (A) which was performed by such indi13 vidual, as a wildland firefighter, after 1989 and 

14 before the date of the enactment of this Act; 

15 and 

16 (B) for which such individual was not al17 lowed to receive retirement credit by reason of 

18 section 8347(g) or 8402(c) of such title 5. 

19 (3) DEPOSIT REQUIREMENT.—Credit for a pe20 riod of service may not be given under this sub21 section unless the individual involved makes a de22 posit, in such manner as the Office of Personnel 

23 Management may by regulation require, equal to the 

24 employee contributions that would have been re25 quired (in the case of a firefighter) for such period 


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1 under section 8334(c) or 8422(a) of such title 5, 

2 with interest. 

3 (4) CERTIFICATION.—The Office of Personnel 

4 Management shall accept the certification of the 

5 Secretary of the Interior or the Secretary of Agri6 culture, as the case may be, concerning whether an 

7 individual performed qualifying firefighter service 

8 and the length of the period of such service the indi9 vidual performed. 

Æ 


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