SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Fairness, Inclusion, Rehabilitation, and Expungement 
for Incarcerated Firefighters Act’’ or the ‘‘FIRE Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Coverage of incarcerated firefighters under the Occupational Safety and 
Health Act of 1970. 
Sec. 3. Coverage of incarcerated firefighters under the Fair Labor Standards 
Act of 1938. 
Sec. 4. Incentives for States to enact protections for incarcerated firefighters. 
Sec. 5. Grants to assist States in covering incarcerated firefighters. 
Sec. 6. Incarcerated firefighter reentry program grants. 
Sec. 7. Expungement of certain offenses. 
SEC. 2. COVERAGE OF INCARCERATED FIREFIGHTERS 
UNDER THE OCCUPATIONAL SAFETY AND 
HEALTH ACT OF 1970. 
(a) DEFINITION OF CORRECTIONAL FACILITY.—Sec-
tion 3 of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 652) is amended by adding at the end the fol-
lowing: 
‘‘(15) The term ‘correctional facility’ has the 
meaning given the term in section 3(aa) of the Fair 
Labor 
Standards 
Act 
of 
1938 
(29 
U.S.C. 
203)(aa).’’. 
(b) STATE PLANS.—Section 18 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 667) is amend-
ed— 
(1) in subsection (c)— 
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(A) in paragraph (6), by inserting, ‘‘in-
cluding incarcerated firefighters as defined in 
section 3(z) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203)(z),’’ after ‘‘political sub-
divisions,’’; and 
(B) in paragraph (7)— 
(i) by striking ‘‘(7) requires’’ and in-
serting ‘‘(7)(A) requires’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) requires the State to ensure that any 
public agency of the State (or of a political sub-
division of the State) operating a correctional 
facility or contracting with a private entity to 
operate such a facility, shall, not later than 2 
years after the date of enactment of the FIRE 
Act, and every year thereafter, submit to the 
Attorney General and Congress a report on— 
‘‘(i) the workplace safety and health 
conditions at each such facility, and 
‘‘(ii) any potential noncompliance of 
each such facility with the safety and 
health standards under the State plan, 
and’’. 
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(c) FEDERAL PRISONS.—Section 19 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 668) 
is amended by adding at the end the following: 
‘‘(e) BUREAU OF PRISONS.— 
‘‘(1) IN GENERAL.—The Director of the Bureau 
of Prisons shall— 
‘‘(A) ensure that the occupational safety 
and health program established and maintained 
by the Director under subsection (a) applies 
with respect to incarcerated firefighters in the 
same manner as the program applies to employ-
ees of the Bureau of Prisons; and 
‘‘(B) submit, not later than 2 years after 
the date of enactment of the FIRE Act, and 
every year thereafter, to the Attorney General 
and Congress, a report on— 
‘‘(i) the workplace safety and health 
conditions at any correctional facility oper-
ated by the Bureau of Prisons or a private 
entity contracting with the Bureau of Pris-
ons; 
‘‘(ii) any injury or death of any em-
ployee or incarcerated firefighter while per-
forming labor with respect to such facility; 
and 
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‘‘(iii) any potential noncompliance of 
any such facility of such occupational safe-
ty and health program. 
‘‘(2) INCARCERATED
FIREFIGHTER.—In this 
section, the term ‘incarcerated firefighter’ means an 
individual who is incarcerated in a correctional facil-
ity operated by the Bureau of Prisons or facilitated 
or operated by a private entity through a contract 
with the Bureau of Prisons and who performs fire-
fighting or emergency response services work offered 
or required by or through the correctional facility, 
including work associated with prison work pro-
grams, work release programs, public works pro-
grams, restitution centers, correctional facility oper-
ations and maintenance, or private entities.’’. 
SEC. 3. COVERAGE OF INCARCERATED FIREFIGHTERS 
UNDER THE FAIR LABOR STANDARDS ACT OF 
1938. 
Section 3 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203) is amended— 
(1) in subsection (e)— 
(A) in paragraph (2)— 
(i) in subparagraph (B), by striking ‘‘; 
and’’ and inserting a semicolon; 
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(ii) in subparagraph (C)(ii)(V), by 
striking the period at the end and inserting 
‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) any individual employed as an incar-
cerated firefighter by a public agency that oper-
ates the correctional facility in which such indi-
vidual is incarcerated or detained.’’; and 
(B) by adding at the end the following: 
‘‘(6) The term ‘employee’ includes any indi-
vidual employed as an incarcerated firefighter by a 
private entity that operates, through a contract with 
a public agency, the correctional facility in which 
such individual is incarcerated or detained.’’; 
(2) in subsection (m)(1), by striking ‘‘any em-
ployee.’’ and inserting ‘‘any employee: Provided fur-
ther, That, in the case of an employee who is an in-
carcerated firefighter, the cost of board, lodging, or 
other facilities and any amount taken from amounts 
paid such incarcerated firefighter for payment of a 
court-imposed fee shall not be included in the wage 
paid to such employee.’’; and 
(3) by adding at the end the following: 
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‘‘(z)(1) The term ‘incarcerated firefighter’ means an 
individual who is incarcerated in a correctional facility op-
erated by a public agency or facilitated or operated by a 
private entity through a contract with a public agency and 
who performs firefighting or emergency response services 
work offered or required by or through the correctional 
facility, including work associated with prison work pro-
grams, work release programs, State prison industries, 
public works programs, restitution centers, correctional fa-
cility operations and maintenance, or private entities. 
‘‘(2) An incarcerated firefighter shall be consid-
ered employed by— 
‘‘(A) the public agency operating the cor-
rectional facility in which the individual is in-
carcerated or detained; or 
‘‘(B) in a case in which the individual is 
incarcerated or detained in a correctional facil-
ity operated by a private entity through a con-
tract with a public agency, such private entity. 
‘‘(aa) ‘Correctional facility’ means a jail, prison, or 
other detention facility used to house people who have 
been arrested, detained, held, or convicted by a criminal 
justice agency or a court. 
‘‘(bb)(1) ‘Court-imposed fee’ means any fee imposed 
by a court as a result of a criminal conviction, including 
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any surcharge imposed for a felony or misdemeanor con-
viction, a criminal justice administrative fee, a court-ap-
pointed attorney fee, a court clerk fee, a filing clerk fee, 
a DNA database fee, a jury fee, a crime lab analysis fee, 
a late fee, an installment fee, or any other court cost. 
‘‘(2) The term ‘court-imposed fee’ does not in-
clude any amount required by a court to be paid for 
child support, to a crime victim compensation fund, 
for a civil judgment, or for a criminal fine.’’. 
SEC. 4. INCENTIVES FOR STATES TO ENACT PROTECTIONS 
FOR INCARCERATED FIREFIGHTERS. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amend-
ed— 
(1) in section 501 (34 U.S.C. 10152), by add-
ing at the end the following: 
‘‘(i) ANNUAL REPORT ON WORKPLACE 
SAFETY
AND
HEALTH
CONDITIONS.—Not 
later than 2 years after the date of enact-
ment of the FIRE Act, and annually there-
after, any State or unit of local govern-
ment that receives a grant under this sec-
tion and operates a correctional facility or 
contracts with a private entity to operate a 
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correctional facility shall submit to the At-
torney General and Congress a report on— 
‘‘(2) the workplace safety and health conditions 
at each such correctional facility; 
‘‘(3) any injury or death of any— 
‘‘(A) employee; or 
‘‘(B) incarcerated firefighter while such 
firefighter was performing work required to be 
performed during their incarceration; and 
‘‘(4) any potential noncompliance of any such 
correctional facility with the occupational safety and 
health standards that apply to the correctional facil-
ity.’’; 
(2) in section 502(a) (34 U.S.C. 10153(a)), by 
adding at the end the following: 
‘‘(7) As applicable, a certification that,— 
‘‘(A) the State or unit of local government 
has provided workplace safety and health pro-
tections for incarcerated firefighters in correc-
tional facilities, either by legislative or executive 
action, that are at least as effective in providing 
safe and healthful employment and places of 
employment for incarcerated firefighters as the 
comprehensive occupational safety and health 
programs established by States under section 
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18 of the Occupational Safety and Health Act 
of 1970; or 
‘‘(B) an appropriate State or local agency 
monitors and enforces or will monitor or en-
force, as applicable, the safety and health pro-
tections described in subparagraph (A).’’; 
(3) in section 506 (34 U.S.C. 10157), by add-
ing at the end the following: 
‘‘(c) Of the total amount made available to carry out 
this subpart for a fiscal year, the Attorney General, in con-
sultation with the Assistant Secretary of Labor for Occu-
pational Safety and Health, shall reserve $400,000 for use 
by States and units of local government to establish and 
implement workplace safety and health protections for in-
carcerated firefighters.’’; and 
(4) in section 901(a) (34 U.S.C. 10251(a))— 
(A) in paragraph (32), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (33), by striking the pe-
riod at the end and adding ‘‘; and’’; and 
(C) by inserting after paragraph (33) the 
following: 
‘‘(34) the term ‘incarcerated firefighter’ shall 
have the meaning given such term in section 3(z) of 
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the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(z)).’’. 
SEC. 5. GRANTS TO ASSIST STATES IN COVERING INCAR-
CERATED FIREFIGHTERS. 
(a) IN GENERAL.—The Secretary of Labor shall es-
tablish a grant program to award a grant to each State 
that submits an application satisfying the requirements 
under subsection (b) to assist the State in amending the 
occupational safety and health laws of the State to cover 
incarcerated firefighters and to enforce those laws as ap-
propriate through inspections, investigations, citations, 
penalties, and other enforcement mechanisms. 
(b) APPLICATIONS.—A State seeking a grant under 
this section shall submit an application to the Secretary 
at such time, in such manner, and containing such infor-
mation as the Secretary may reasonably require. 
(c) DEFINITION OF INCARCERATED FIREFIGHTER.— 
In this section, the term ‘‘incarcerated fighter’’ has the 
meaning given such term in section 18(i) (as amended by 
section 2(b)(2) of this Act) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 667(i)). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$100,000,000 for each of fiscal years 2026 through 2031, 
to remain available until expended. 
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SEC. 6. INCARCERATED FIREFIGHTER REENTRY PROGRAM 
GRANTS. 
(a) IN GENERAL.—Subtitle D of title I of the Work-
force Innovation and Opportunity Act (29 U.S.C. 3221 et 
seq.) is amended— 
(1) by redesignating section 172 as section 173; 
and 
(2) by inserting after section 171 the following 
new section: 
‘‘SEC. 172. INCARCERATED FIREFIGHTER REENTRY PRO-
GRAM GRANTS. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
program to award grants to eligible entities to enable such 
entities to provide job training, job placement services, and 
mentoring to individuals who are former incarcerated fire-
fighters during reentry. 
‘‘(b) APPLICATION.—To be eligible for a grant under 
this section, a State shall submit an application to the Sec-
retary at such time, in such manner, and containing such 
information as the Secretary may reasonably require. 
‘‘(c) USE OF FUNDS.—A grant awarded under this 
section may be used by an eligible entity to— 
‘‘(1) in the case of a program that provides job 
training, placement services, and mentoring exclu-
sively to former incarcerated firefighters upon re-
entry, to pay costs related to such program; and 
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