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 agen-
cy fire programs in order to address the complexities 
of 21st century wildfires in a more cost-effective and 
efficient manner. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wildland Firefighters 
Protection Act’’. 
SEC. 2. DEFINITIONS. 
For the purposes of this Act— 
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(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— 
(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. CLASSIFICATION OF WILDLAND FIREFIGHTERS. 
(a) REQUIREMENTS.— 
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(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’’. 
(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 consult with rec-
ognized employee organizations, employee associa-
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tions, 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’’. 
(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. 4. PAY AND BENEFITS. 
(a) PORTAL-TO-PORTAL COMPENSATION PILOT PRO-
GRAM.— 
(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 ap-
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proved 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) of title 5, United 
States Code, as amended by paragraph (2)(A). The 
provisions of this subsection and the amendments 
made by this subsection comprise the portal-to-por-
tal compensation pilot program. 
(2) REQUIREMENTS.— 
(A) AMENDMENT
TO
TITLE
5.—Section 
5542(a) of title 5, United States Code, is 
amended by adding at the end (as a flush left 
sentence) the following: 
‘‘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, for a wildland firefighter assigned to an emergency 
incident, assigned in support of an emergency incident, or 
pre-positioned for emergency response, the overtime hour-
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ly rate of pay is an amount equal to one and one-half times 
the hourly rate of the basic pay of the employee, and that 
entire amount is premium pay.’’. 
(B) FAIR
LABOR
STANDARDS
ACT
OF 
1938.—For the purpose of applying the provi-
sions 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 oc-
curred if the requirements described in the 
amendment made by subparagraph (A) are met. 
(C) DURATION AND SCOPE OF PILOT PRO-
GRAM.—The pilot program shall be carried out 
by the Department of the Interior and the De-
partment of Agriculture— 
(i) for a period not to exceed 3 cal-
endar years beginning as of the start of 
the 2014 wildfire season; and 
(ii) with respect to wildland fire-
fighters holding positions within such geo-
graphic areas as the Secretary of Agri-
culture shall, in consultation with the Sec-
retary of the Interior, determine. 
(D) 
FUNDING.—Notwithstanding 
any 
other provision of law, there shall be made 
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available from the FLAME Wildfire Suppres-
sion 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 wild-
fire season and any subsequent wild-
fire season during which the pilot pro-
gram is in effect, such amount ex-
ceeds 
(II) the average corresponding 
expenses which were paid, with re-
spect 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 sea-
sons. 
(E) REPORT.—No later than 90 days after 
the completion of the pilot program, the Sec-
retary of the Interior and the Secretary of Agri-
culture shall submit to Congress a joint report 
on the effectiveness of the pilot program. Such 
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