Wildland Firefighters Protection Act

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. Short title This Act may be cited as the Wildland Firefighters Protection Act 2. Definitions For the purposes of this Act— (1) the term wildland firefighter (A) an employee of a Federal land management agency who is assigned to support wildland fire suppression activities; and (B) an employee who is transferred to a supervisory or administrative position from a position of wildland firefighter (as defined by the preceding provisions of this paragraph); (2) the term Federal land management agency (A) within the Department of the Interior, the Bureau of Land Management, the Bureau of Indian Affairs, the National Park Service, and the Fish and Wildlife Service; and (B) within the Department of Agriculture, the Forest Service; and (3) the term employee 3. Classification of wildland firefighters (a) Requirements (1) In general Within 30 days after the date of the enactment of this Act, the Office of Personnel Management, in cooperation with the Federal land management agencies, shall commence development of a separate and distinct wildland firefighter occupational series that will more accurately reflect the variety of duties performed by wildland firefighters. (2) Designation The official title assigned to any occupational series established pursuant to paragraph (1) shall include the designation of Wildland Firefighter (3) Positions described Paragraph (1) applies with respect to any class or other category of positions that consists primarily or exclusively of forestry technician positions, range technician positions, or any other positions the duties and responsibilities of which include— (A) significant wildfire preparedness and suppression activities; or (B) activities necessary to meet any other emergency incident to which assigned. (4) Consultation Congress encourages the Office of Personnel Management to consult with recognized employee organizations, employee associations, and any other groups that represent Federal wildland firefighters in carrying out this subsection. (b) Hazardous duty differential not affected Section 5545(d)(1) except (A) an employee in an occupational series covering positions for which the primary duties are wildland firefighting, as determined by the Office; and (B) in such other circumstances as the Office may by regulation prescribe; and . (c) Employees currently in 401 series Any individual who, as of the date of the enactment of this Act, holds a position of wildland firefighter shall have the option of either remaining in the 401 series (as in effect on such date under chapter 51 4. Pay and benefits (a) Portal-to-Portal Compensation Pilot Program (1) In general In the case of a wildland firefighter, for full-time, part-time, and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day shall be considered overtime work, inclusive of all time the firefighter is away from their official duty station assigned to an emergency incident, in support of an emergency incident (including wildfires, hurricanes, and other natural disasters to which employees are assigned) in support of an emergency incident, or pre-positioned for emergency response, and shall be compensable as work time in accordance with section 5542(a) (2) Requirements (A) Amendment to title 5 Section 5542(a) Notwithstanding paragraphs (1) and (2), and only for the duration of the portal-to-portal compensation program under section 4 of the Wildland Firefighters Protection Act . (B) Fair Labor Standards Act of 1938 For the purpose of applying the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 and following) with respect to wildland firefighters, no violation referred to in such provisions shall be considered to have occurred if the requirements described in the amendment made by subparagraph (A) are met. (C) Duration and scope of pilot program The pilot program shall be carried out by the Department of the Interior and the Department of Agriculture— (i) for a period not to exceed 3 calendar years beginning as of the start of the 2014 wildfire season; and (ii) with respect to wildland firefighters holding positions within such geographic areas as the Secretary of Agriculture shall, in consultation with the Secretary of the Interior, determine. (D) Funding Notwithstanding any other provision of law, there shall be made available from the FLAME Wildfire Suppression Reserve Funds, established by section 502(b) of the FLAME Act of 2009 (43 U.S.C. 1748a(b)), an amount— (i) sufficient to carry out the portal-to-portal compensation pilot program; but (ii) only to the extent that— (I) in the case of the 2014 wildfire season and any subsequent wildfire season during which the pilot program is in effect, such amount exceeds (II) the average corresponding expenses which were paid, with respect to wildland firefighters holding positions within the geographic area or areas covered by the program (as specified under subparagraph (C)(ii)) for the 2012 and 2013 wildfire seasons. (E) Report No later than 90 days after the completion of the pilot program, the Secretary of the Interior and the Secretary of Agriculture shall submit to Congress a joint report on the effectiveness of the pilot program. Such report shall address the effect of the program with respect to— (i) recruitment and retention of wildland firefighters; and (ii) any cost savings. (F) Exemption Employees compensated under the pilot program shall, for the period of such program, be exempt from any limitation on premium pay under section 5547 (b) Hazardous duty differential To be treated as part of a wildland firefighter’s base pay for retirement purposes (1) In general Section 8331(3) (A) in subparagraph (G), by striking and (B) in subparagraph (H), by inserting and (C) by adding after subparagraph (H) the following: (I) with respect to a wildland firefighter (as defined by section 2 of the Wildland Firefighters Protection Act . (2) Conforming amendment Such section 8331(3) is further amended, in the matter following subparagraph (I) (as added by paragraph (1)(C)), by striking subparagraphs (B) through (H) of this paragraph subparagraphs (B) through (I), (c) Hazardous duty differential (1) In general In the administration of section 5545(d) (2) Definition For purposes of this subsection, the term wildland firefighting crew (d) Buy back of civilian time after 1989 (1) In general Any individual who is subject to the Federal Employees’ Retirement System as a firefighter (within the meaning of section 8401 (2) Qualifying firefighter service For purposes of this subsection, the term qualifying firefighter service (A) which was performed by such individual, as a wildland firefighter, after 1989 and before the date of the enactment of this Act; and (B) for which such individual was not allowed to receive retirement credit by reason of section 8347(g) or 8402(c) of such title 5. (3) Deposit requirement Credit for a period of service may not be given under this subsection unless the individual involved makes a deposit, in such manner as the Office of Personnel Management may by regulation require, equal to the employee contributions that would have been required (in the case of a firefighter) for such period under section 8334(c) or 8422(a) of such title 5, with interest. (4) Certification The Office of Personnel Management shall accept the certification of the Secretary of the Interior or the Secretary of Agriculture, as the case may be, concerning whether an individual performed qualifying firefighter service and the length of the period of such service the individual performed.

Summary: Wildland Firefighters Protection Act - Requires the Office of Personnel Management (OPM), in cooperation with federal land management agencies, to develop a separate and distinct occupational series for firefighters who are engaged in the prevention, control, suppression, and management of wildfires (wildland firefighters) that more accurately reflects the variety of duties performed by such firefighters. Establishes a three-year compensation pilot program for full- and part-time wildland firefighters to provide such firefighters with enhanced compensation (portal-to-portal compensation) while assigned to an emergency incident. Provides for the treatment of differential pay for hazardous duty as part of the base pay of wildland firefighters for retirement purposes.