I 
112TH CONGRESS 
2D SESSION 
H. R. 6092 
To implement updated pay and personnel policies in order to improve the 
recruitment and retention of qualified Federal wildland firefighters and 
to reduce the Federal Government’s reliance on the more costly services 
of non-Federal wildfire resources. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2012 
Ms. DEGETTE introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
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 Federal 
Government’s reliance on the more costly services of 
non-Federal wildfire resources. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
This Act may be cited as the ‘‘Wildland Firefighters 
Health Protection Act’’. 
SEC. 2. DEFINITIONS. 
For the purposes of this Act— 
VerDate Mar 15 2010 
18:12 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS
(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.— 
VerDate Mar 15 2010 
18:12 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS
(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-
VerDate Mar 15 2010 
18:12 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS
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) IN GENERAL.—In the case of a wildland fire-
fighter, for full-time, part-time, and intermittent tours of 
duty, hours of work officially ordered or approved in ex-
cess of 40 hours per week or 8 hours per day shall be 
considered overtime work, inclusive of all time the fire-
VerDate Mar 15 2010 
03:16 Jul 12, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS
fighter is away from their official duty station assigned 
to an emergency incident, in support of an emergency inci-
dent, 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 
subsection (b)(1). 
(b) REQUIREMENTS.— 
(1) 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), for a wildland 
firefighter assigned to an emergency incident, assigned in 
support of an emergency incident, or pre-positioned for 
emergency response, the overtime hourly 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.’’. 
(2) 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, et 
seq.) with respect to wildland firefighters, no viola-
tion referred to in such provisions shall be consid-
ered to have occurred if the requirements described 
in paragraph (1) are met. 
VerDate Mar 15 2010 
18:12 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS
(c) PORTAL-TO-PORTAL COMPENSATION PILOT PRO-
GRAM.— 
(1) FUNDING.—There is authorized to be ap-
propriated $25,000,000 to initiate a portal-to-portal 
pilot program under this subsection, commencing 
with the 2013 wildfire season. Any sums required in 
addition to amounts appropriated pursuant to the 
preceding sentence may be secured from the existing 
wildfire suppression budget for the fiscal year in 
which the season occurs. 
(2) DURATION.—The pilot program shall be 
carried out by the Department of the Interior and 
the Department of Agriculture for a period not to 
exceed 3 calendar years beginning as of the start of 
the 2013 wildfire season. 
(3) REPORT.—No later than 90 days after the 
completion of the pilot program, the Secretary of the 
Interior and the Secretary of Agriculture shall sub-
mit to Congress a joint report on the effectiveness 
of the pilot program. Such report shall address the 
effect of the program with respect to— 
(A) recruitment and retention of wildland 
firefighters; and 
(B) any cost savings. 
VerDate Mar 15 2010 
18:12 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS
(A) in subparagraph (G), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (H), by inserting 
‘‘and’’ at the end; and 
(C) by adding after subparagraph (H) the 
following: 
‘‘(I) with respect to a wildland firefighter 
(as defined by section 2 of the Wildland Fire-
fighters Health Protection Act), any pay dif-
ferential received under section 5545(d);’’. 
(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’’ and inserting ‘‘subparagraphs (B) 
through (I),’’. 
(e) HAZARDOUS DUTY DIFFERENTIAL.— 
(1) IN GENERAL.—In the administration of sec-
tion 5545(d) of title 5, United States Code, the Of-
fice of Personnel Management shall take such meas-
ures as may be necessary to ensure that, under the 
schedule or schedules of pay differentials for duty 
involving unusual physical hardship or hazard, a pay 
differential of 25 percent shall be payable to an indi-
VerDate Mar 15 2010 
18:12 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS
vidual while serving as a member of a wildland fire-
fighting crew. 
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘wildland firefighting crew’’ in-
cludes ground (hand crew, hotshot, engine, and 
other fire apparatus personnel) and airborne (smoke 
jumper or helitack) firefighting personnel on the fire 
line of any wildfire or prescribed fuel treatment burn 
or fire, as further defined in regulations of the Of-
fice of Personnel Management. 
(f) BENEFITS
FOR SEASONAL WILDLAND FIRE-
FIGHTERS.— 
(1) PROVISIONS
RELATING
TO
LIFE
INSUR-
ANCE.—Section 8716(b) of title 5, United States 
Code, is amended— 
(A) in paragraph (2), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding after paragraph (3) the fol-
lowing: 
‘‘(4) a wildland firefighter within the meaning 
of section 2 of the Wildland Firefighters Health Pro-
tection Act.’’. 
VerDate Mar 15 2010 
18:12 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS
(2) PROVISIONS RELATING TO HEALTH BENE-
FITS.—Section 8913(b) of title 5, United States 
Code, is amended— 
(A) in paragraph (3), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding after paragraph (4) the fol-
lowing: 
‘‘(5) a wildland firefighter within the meaning 
of section 2 of the Wildland Firefighters Health Pro-
tection Act.’’. 
(g) BUY BACK OF CIVILIAN TIME AFTER 1989.— 
(1) IN GENERAL.—Any individual who is sub-
ject to the Federal Employees’ Retirement System 
as a firefighter (within the meaning of section 8401 
of title 5, United States Code) on the date of the en-
actment of this Act shall be entitled to have any 
qualifying firefighter service treated as creditable 
service under section 8411 of such title. 
(2) QUALIFYING FIREFIGHTER SERVICE.—For 
purposes of this subsection, the term ‘‘qualifying 
firefighter service’’ means, in connection with an in-
dividual, any service— 
VerDate Mar 15 2010 
18:12 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS
(A) which was performed by such indi-
vidual, as a wildland firefighter, after 1989 and 
before the date of the enactment of this Act; 
and 
(B) for which such individual was not al-
lowed to receive retirement credit by reason of 
section 8347(g) or 8402(c) of such title 5. 
(3) DEPOSIT REQUIREMENT.—Credit for a pe-
riod of service may not be given under this sub-
section unless the individual involved makes a de-
posit, in such manner as the Office of Personnel 
Management may by regulation require, equal to the 
employee contributions that would have been re-
quired (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 Agri-
culture, as the case may be, concerning whether an 
individual performed qualifying firefighter service 
and the length of the period of such service the indi-
vidual performed. 
Æ 
VerDate Mar 15 2010 
18:12 Jul 11, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H6092.IH
H6092
mstockstill on DSK4VPTVN1PROD with BILLS