I 
111TH CONGRESS 
2D SESSION 
H. R. 4488 
To implement updated pay and personnel policies in order to improve the 
recruitment and retention of qualified Federal wildland firefighters and 
to reduce the Government’s reliance on the more costly services of non- 
Federal wildfire resources. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2010 
Mr. FILNER (for himself, Mr. FARR, and Mr. GALLEGLY) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform, and in addition to the Committees on Natural Re-
sources, Agriculture, and Armed Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To implement updated pay and personnel policies in order 
to improve the recruitment and retention of qualified 
Federal wildland firefighters and to reduce the Govern-
ment’s reliance on the more costly services of non-Fed-
eral wildfire resources. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Wildfire Infrastructure Improvement and Cost 
Containment Act’’. 
(b) TABLE OF CONTENTS.—The table of contents is 
as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Findings. 
Sec. 4. Mandatory separation. 
Sec. 5. Equal protection under the law from outsourcing. 
Sec. 6. Classification of wildland firefighters. 
Sec. 7. Pay and benefits. 
Sec. 8. Firefighter liability. 
SEC. 2. DEFINITIONS. 
For the purposes of this Act— 
(1) the term ‘‘wildland firefighter’’ means an 
employee of a Federal land management agency, the 
duties of whose position are primarily to perform 
work directly related to the prevention, control, sup-
pression, and management of wildfires, including— 
(A) an employee of a Federal land man-
agement 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 agen-
cy’’ means— 
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(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’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code. 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) Significant losses of Federal wildland fire-
fighters to non-Federal fire agencies have been expe-
rienced by all 5 Federal land management agencies 
over the last several years. Federal land manage-
ment agencies have failed to take actions within 
their authority to reduce or eliminate such losses de-
spite being aware of the issues and solutions for over 
20 years. 
(2) These losses have primarily been the result 
of Federal wildland firefighters leaving the Federal 
system for better pay and benefits offered by State 
and local fire agencies, particularly in the 11 west-
ern contiguous States. Pay and benefits for Federal 
wildland firefighters have not kept pace with other 
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fire agencies, which continue to offer significantly 
higher pay and benefits to attract Federal fire-
fighters. 
(3) These firefighter losses have resulted in sig-
nificant vacancies in critical fire positions, resulting 
in reduced levels of personnel and other resources 
within the Federal sector as compared to those envi-
sioned by the National Fire Plan. 
(4) Federal wildland firefighting resources are, 
by and large, inherently less costly to the Federal 
Government than the use of non-Federal resources. 
Therefore it stands to reason that strengthening the 
inherently less expensive Federal infrastructure will 
allow Federal land management agencies to reduce 
their reliance on higher-priced non-Federal resources 
and ultimately reduce wildfire suppression costs. 
(5) Federal land management agencies have 
failed to maintain Federal wildland firefighter staff-
ing and resource levels pursuant to the National 
Fire Plan and its ‘‘Most Efficient Level’’ (MEL) as 
envisioned by Congress. 
(6) It is incumbent upon Congress and the Fed-
eral Government to provide America’s taxpayers 
with the most fiscally effective and efficient wildland 
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fire programs managed by the five Federal land 
management agencies. 
SEC. 4. MANDATORY SEPARATION. 
Section 8425(b) of title 5, United States Code, is 
amended— 
(1) by redesignating the last paragraph as 
paragraph (3); and 
(2) by adding at the end the following: 
‘‘(4)(A) In the case of a wildland firefighter, para-
graph (1) shall be applied— 
‘‘(i) by striking ‘becomes 57 years of age or 
completes 20 years of service if then over that age.’ 
and inserting ‘(A) becomes 65 years of age or com-
pletes 20 years of service if then over that age, or 
(B) is certified by a licensed physician as being un-
able to successfully complete all applicable physical 
standards testing as directed by the employing agen-
cy.’; and 
‘‘(ii) by disregarding the second sentence. 
‘‘(B) For purposes of this paragraph, the term 
‘wildland firefighter’ has the meaning given such term by 
section 2 of the National Wildfire Infrastructure Improve-
ment and Cost Containment Act.’’. 
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SEC. 5. EQUAL PROTECTION UNDER THE LAW FROM OUT-
SOURCING. 
(a) PURPOSE.—To amend section 2465 of title 10, 
United States Code, to add the Department of Agriculture 
(United States Forest Service) and the Department of the 
Interior (Bureau of Land Management, Bureau of Indian 
Affairs, National Park Service, Fish and Wildlife Service) 
to the Department of Defense as agencies bound by the 
provisions set forth in subsection (a) of that section. 
(b) FINDINGS.—Congress makes the following find-
ings: 
(1) Federal firefighters employed by the De-
partment of Defense enjoy certain protections from 
the outsourcing, or ‘‘contracting out’’ of their posi-
tions under section 2465 of title 10, United States 
Code. 
(2) A number of feasibility studies performed 
over many years at significant taxpayer expense 
have clearly shown that outsourcing, or ‘‘contracting 
out’’ services historically performed by Federal fire-
fighters in a variety of agencies including the De-
partment of Defense, the Department of Agriculture, 
and the Department of the Interior is neither cost- 
effective or efficient. 
(3) The specialization and unique responsibil-
ities of protecting the Nation’s Federal assets, in-
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cluding natural resources, demand the experience 
and expertise of well-trained, cost-effective Federal 
firefighters. 
(4) All Federal firefighters from all Federal 
agencies should enjoy equal protection under the 
law. 
(5) Congress concurs with the Undersecretary 
of Agriculture for Natural Resources and the Envi-
ronment who indicated on July 14, 2008, that 
wildland firefighting is an ‘‘inherent government 
function’’. 
(c) REQUIREMENT.— 
(1) IN GENERAL.—Section 2465(a) of title 10, 
United States Code, is amended— 
(A) by inserting after ‘‘Department of De-
fense’’ the following: ‘‘the Department of Agri-
culture, the Department of the Interior, the De-
partment of Veterans Affairs, the National In-
stitute of Health, or any other Federal depart-
ment or agency that employs firefighters’’; and 
(B) by striking ‘‘at any military installa-
tion or facility’’ and inserting the following: 
‘‘that are performed, as of the date of the en-
actment of the National Wildfire Infrastructure 
Improvement and Cost Containment Act by a 
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Federal employee of any such department or 
agency at any location, including military in-
stallations and facilities, national forests, na-
tional parks, and all other locations where the 
services of Federal firefighters or security 
guards are required or requested’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to a con-
tract for the performance of firefighting or security 
guard functions entered into on or after the date of 
the enactment of this Act. 
SEC. 6. CLASSIFICATION OF WILDLAND FIREFIGHTERS. 
(a) REQUIREMENTS.— 
(1) IN
GENERAL.—Within 30 days after the 
date of the enactment of this Act, the Office of Per-
sonnel Management, in cooperation with the Federal 
land management agencies, shall commence develop-
ment of a separate and distinct wildland firefighter 
occupational series that will more accurately reflect 
the variety of duties performed by wildland fire-
fighters. 
(2) DESIGNATION.—The official title assigned 
to any occupational series established pursuant to 
paragraph (1) shall include the designation of 
‘‘Wildland Firefighter’’. 
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(3) POSITIONS DESCRIBED.—Paragraph (1) ap-
plies with respect to any class or other category of 
positions that consists primarily or exclusively of for-
estry technician positions, range technician posi-
tions, or any other positions the duties and respon-
sibilities 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 include recog-
nized employee organizations, employee associations, 
and any other groups that represent Federal 
wildland firefighters in carrying out this subsection. 
(b) HAZARDOUS DUTY DIFFERENTIAL NOT AF-
FECTED.—Section 5545(d)(1) of title 5, United States 
Code, is amended by striking all after ‘‘except’’ and insert-
ing an em-dash and the following: 
‘‘(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’’. 
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(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 of title 5, United States 
Code) or being included in the new wildland firefighter se-
ries, as established pursuant to subsection (a). 
SEC. 7. PAY AND BENEFITS. 
(a) FINDINGS.— 
(1) Along with proper classification, pay and 
benefits are the main reasons why wildland fire-
fighters are leaving Federal service. 
(2) Wildland firefighters responding to emer-
gency incidents do not receive portal-to-portal pay, 
even though their own employing agencies often 
compensate higher-paid non-Federal firefighters on 
the same incident with portal-to-portal pay. This dis-
parity in treatment adversely affects morale among 
wildland firefighters, causing many of them to leave 
Federal service. 
(3) Wildland firefighters are often restricted to 
fire camps or left on fire lines while being taken ‘‘off 
the clock’’, with no opportunity to use their own 
time as they wish, despite provisions of the Fair 
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