Tim Hart Wildland Firefighter Classification and Pay Parity Act
Bill: H.R.5631 | Sponsor: Rep. Neguse, Joe (D-CO)
Policy area: Government Operations and Politics

Summary:
Tim Hart Wildland Firefighter Classification and Pay Parity Act or Tim's Act
This bill addresses the pay and benefits of federal wildland firefighters and related issues. Federal wildland firefighter is defined as any temporary, seasonal, or permanent position at the Department of Agriculture (USDA) or the Department of the Interior that maintains certain group, emergency incident management, or fire qualifications and primarily engages in or supports wildland fire management activities.
Specifically, (1) the Office of Personnel Management (OPM) must establish one or more classification series for federal wildland firefighter positions, and (2) USDA and the Department of the Interior shall determine each position within USDA and Interior that qualifies as a federal wildland firefighter position.
The bill, among other requirements (1) establishes a pay scale for such positions, with annual adjustments; and (2) provides for hazardous duty pay. The OPM must establish guidelines for work schedules.
The bill addresses issues regarding wages, unpaid leave to care for a family member, recruitment and retention bonuses, and housing allowances.
USDA and Interior shall (1) establish, maintain, coordinate, and operate a voluntary tuition assistance program; (2) establish and maintain a publicly accessible, searchable Federal Wildland Firefighter Cancer and Cardiovascular Disease Database; and (3) establish and carry out a program for mental health awareness and support.
Additionally, the bill provides for continuation of firefighters pension coverage in case of disability and pay parity for federal structural firefighters.

To reform and enhance the pay and benefits of Federal wildland 
                 firefighters, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Tim Hart Wildland 
Firefighter Classification and Pay Parity Act'' or ``Tim's Act''.
    (b) Definitions.--In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Personnel Management.
            (2) Federal wildland firefighter.--The term ``Federal 
        wildland firefighter'' means any temporary, seasonal, or 
        permanent position at the Department of Agriculture or the 
        Department of the Interior that maintains group, emergency 
        incident management, or fire qualifications, as established 
        annually by the Standards for Wildland Fire Position 
        Qualifications published by the National Wildfire Coordinating 
        Group, and primarily engages in or supports wildland fire 
        management activities, including forestry and rangeland 
        technicians and positions concerning aviation, engineering 
        heavy equipment operations, or fire and fuels management.
            (3) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of the Interior.

SEC. 2. FEDERAL WILDLAND FIREFIGHTER OCCUPATIONAL SERIES, PAY, 
              RECRUITMENT, AND RETENTION.

    (a) Occupational Series.--
            (1) Establishment; determination.--Not later than 1 year 
        after the date of enactment of this Act--
                    (A) the Director of the Office of Personnel 
                Management shall establish one or more classification 
                series (if one series, to be designated as the 
                ``Wildland Firefighter Series'') for Federal wildland 
                firefighter positions; and
                    (B) the Secretaries shall determine each position 
                within the Department of Agriculture and the Department 
                of the Interior that qualifies as a Federal wildland 
                firefighter position.
            (2) Election.--Any individual employed as a Federal 
        wildland firefighter in a covered 6C position (or any successor 
        position) on the date on which any classification series 
        established under paragraph (1) takes effect may elect--
                    (A) to remain in the occupational series in which 
                the individual is classified on that date; or
                    (B) to be transferred to any occupational series 
                established under paragraph (1).
    (b) Pay.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, there is established a pay scale for 
        Federal wildland firefighter positions within any 
        classification series established under subsection (a). Under 
        such scale, the minimum rate of basic pay for any position 
        shall be not less than the rate of pay for step 3 of GS-6 of 
        the General Schedule, as adjusted by the pay locality 
        designated as ``Rest of U.S.'' under section 5304 of title 5, 
        United States Code.
            (2) Annual adjustments.--Notwithstanding any other 
        provision of law, beginning in the first pay period beginning 
        on or after the date that the pay scale is established under 
        paragraph (1) and annually thereafter, the basic rate of pay 
        for each Federal wildland firefighter occupying a position 
        within such pay scale shall be increased by not less than the 
        percentage equal to the percent change in the Consumer Price 
        Index (all items--United States city average), published 
        monthly by the Bureau of Labor Statistics, for December of the 
        preceding year over such Consumer Price Index for the December 
        of the year prior to the preceding year, adjusted to the 
        nearest one-tenth of 1 percent.
            (3) Compensation comparable to non-federal firefighters.--
        Not later than 1 year after the date the pay scale is 
        established under paragraph (1), the Secretaries shall submit a 
        report to Congress on whether pay, benefits, and bonuses 
        provided to Federal wildland firefighters are comparable to the 
        pay, benefits, and bonuses provided for non-Federal 
        firefighters in the State or locality where Federal wildland 
        firefighters are based.
            (4) Hazardous duty pay.--Each Federal wildland firefighter 
        in any classification series established under subsection (a) 
        carrying out work completed during prescribed fire, 
        parachuting, tree climbing over 20 feet, hazard tree removal, 
        and other hazardous work as identified by the Secretaries, 
        shall be entitled to be paid the appropriate differential under 
        section 5545(d) of title 5, United States Code, as if such 
        employee was covered by such subsection. The Director may 
        prescribe regulations to carry out this paragraph.
    (c) Work Schedules.--
            (1) In general.--Consistent with the requirements of this 
        subsection, the Director shall establish guidelines for work 
        schedules for positions within any classification series 
        established under subsection (a) to better account for regular 
        and overtime per workday, work performed when deployed on any 
        resource order, on-call duties, stand-by, travel to and from 
        assignment, and regular days off.
            (2) Resource order.--
                    (A) In general.--When deployed on a resource order 
                under the Incident Resource Order Capability System (or 
                any successor system), a Federal wildland firefighter 
                shall be paid for the period beginning on the receipt 
                of such order and ending when the employee returns from 
                such deployment.
                    (B) Wages.--A Federal wildland firefighter shall 
                receive compensation for each hour of each 24-hour 
                period of such deployment, to include hours paid at 
                such firefighter's hourly rate of basic pay and hours 
                of such period paid at a rate equal to one and one-half 
                times such hourly rate of which all is premium pay.
    (d) Other Matters.--
            (1) Unpaid leave to care for family member.--A Federal 
        wildland firefighter not covered by the Family and Medical 
        Leave Act of 1993 or subchapter V of chapter 63 of title 5, 
        United States Code, shall be allowed a period of unpaid leave, 
        during each calendar year, not to exceed 180 days in order to 
        care for the spouse, or a son, daughter, or parent, of the 
        employee, if such spouse, son, daughter, or parent has a 
        serious health condition. Leave provided under this paragraph 
        shall not accumulate for use in subsequent years.
            (2) Recruitment and retention bonus.--In order to promote 
        the recruitment and retention of Federal wildland firefighters, 
        the Director, in coordination with the Secretaries, shall 
        establish a program under which a recruitment or retention 
        bonus of not less than $1,000 may be paid to a Federal wildland 
        firefighter in an amount as determined appropriate by the 
        Director and the Secretaries. The minimum amount of such bonus 
        in the previous sentence shall be increased each year by the 
        Consumer Price Index in the manner prescribed under subsection 
        (b)(2). Any bonus under this subsection--
                    (A) shall be paid to any primary or secondary 
                Federal wildland firefighter upon the date that such 
                firefighter successfully completes a work capacity 
                test; and
                    (B) may not be paid to any such firefighter more 
                than once per calendar year.
            (3) Housing allowance.--The Secretaries shall provide a 
        housing allowance to any Federal wildland firefighter deployed 
        to a location more than 50 miles from their primary residence. 
        Such allowance shall be in an amount determined appropriate by 
        the Secretaries and adjusted based on the cost of housing in 
        the area of deployment.
            (4) Career transition.--
                    (A) In general.--Not later than one year after the 
                date of enactment of this Act, the Secretaries, shall 
                establish, maintain, coordinate, and operate a 
                voluntary tuition assistance program for Federal 
                wildland firefighters occupying a permanent position 
                that encompass a broad range of educational experiences 
                (either in-person or through distance-learning), 
                including academic skills development, vocational 
                programs, career and technical programs, and programs 
                leading to the award of undergraduate and graduate 
                degrees.
                    (B) Amount.--The program under subparagraph (A) 
                shall provide, not more than once during each calendar 
                year, a payment of not less than $4,000 to each Federal 
                wildland firefighter who elects to participate in the 
                program.
                    (C) Review.--The Secretaries shall conduct an 
                annual review of whether the amount provided under 
                subparagraph (B) is adequate, in consideration of 
                inflation and other effects.

SEC. 3. HEALTH PROVISIONS.

    (a) Database; Recommendations.--Not later than one year after the 
date of enactment of this Act, the Secretaries shall--
            (1) establish and maintain a publicly accessible, 
        searchable database on a website, to be called the ``Federal 
        Wildland Firefighter Cancer and Cardiovascular Disease 
        Database'', to track chronic disease caused by on-the-job 
        environmental exposure over the lifetimes of current and former 
        Federal wildland firefighters;
            (2) update such database not less than on a yearly basis; 
        and
            (3) develop and adhere to recommendations on mitigation 
        strategies to minimize exposure to environmental hazards for 
        Federal wildland firefighters.
    (b) Mental Health.--
            (1) Mental health program.--Not later than January 1, 2023, 
        the Secretaries shall establish and carry out a program for 
        Federal wildland firefighters for mental health awareness and 
        support. Such program shall include--
                    (A) a mental health awareness campaign;
                    (B) a mental health education and training program 
                that includes an on-boarding curriculum;
                    (C) an extensive peer-to-peer mental health support 
                network for Federal wildland firefighters and their 
                immediate family;
                    (D) expanding the Critical Incident Stress 
                Management Program, developing and retaining a larger 
                pool of qualified mental health professionals who are 
                familiar with the experiences of the wildland 
                firefighting workforce, and monitoring and tracking 
                mental health in the profession to better understand 
                the scope of the issue and develop strategies to 
                assist; and
                    (E) establish and carry out a new and distinct 
                mental health support service specific to Federal 
                wildland firefighters and their immediate family, with 
                culturally relevant and trauma informed mental health 
                professionals who are readily available, and not 
                subject to any limit on the number of sessions or 
                service provided.
            (2) Mental health leave.--Each Federal wildland firefighter 
        shall be entitled to 7 consecutive days of leave, without loss 
        or reduction in pay, during any calendar year. Leave provided 
        under this paragraph shall not--
                    (A) accumulate for use in succeeding years; and
                    (B) be considered to be annual or vacation leave 
                for purposes of section 5551 or 5552 of title 5, United 
                States Code, or for any other purpose.
    (c) Coordination.--In carrying out subsections (a) and (b), the 
Secretaries may enter into partnerships or cooperative agreements with 
other Federal agencies, universities, or non-profit institutions.
    (d) Workers' Compensation Presumption Relating to Federal Wildland 
Firefighters.--
            (1) In general.--Section 8102 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(c)(1) With regard to any employee who is a Federal wildland 
firefighter (as that term is defined in section 1(b) of the Tim Hart 
Wildland Firefighter Classification and Pay Parity Act), a disease 
specified in paragraph (3) shall be presumed to be proximately caused 
by the employment of such employee, subject to the length of service 
requirements specified. The disability or death of such an employee to 
such a disease shall be presumed to result from personal injury 
sustained while in the performance of such employee's duty. Such 
presumptions may be rebutted by a preponderance of the evidence from 
the employing agency.
    ``(2) Such presumptions apply only if the employee in fire 
protection activities is diagnosed with the disease for which 
presumption is sought within 10 years of the last active date of 
employment as an employee in fire protection activities.
    ``(3) The following diseases shall be presumed to be proximately 
caused by the employment of the employee if the employee has been 
employed for a minimum of 5 years in aggregate as an employee in fire 
protection activities:
            ``(A) Heart disease.
            ``(B) Lung disease.
            ``(C) The following cancers:
                    ``(i) Brain cancer.
                    ``(ii) Cancer of the blood or lymphatic systems.
                    ``(iii) Bladder cancer.
                    ``(iv) Kidney cancer.
                    ``(v) Testicular cancer.
                    ``(vi) Cancer of the digestive system.
                    ``(vii) Skin cancer.
                    ``(viii) Cancer of the respiratory system.
                    ``(ix) Breast cancer.
            ``(D) Any other cancer the contraction of which the 
        Secretary of Labor through regulations determines to be related 
        to the hazards to which an employee may be subject.''.
            (2) Application.--The amendments made by this section shall 
        apply to a covered disability or death that occurs on or after 
        the date of the enactment of this Act.

SEC. 4. RETIREMENT FOR FIREFIGHTERS.

    (a) Continuation of Firefighters Pension Coverage in Case of 
Disability.--
            (1) FERS.--
                    (A) In general.--Section 8412(d) of title 5, United 
                States Code, is amended--
                            (i) by redesignating paragraphs (1) and (2) 
                        as subparagraphs (A) and (B), respectively;
                            (ii) by inserting ``(1)'' before ``An 
                        employee''; and
                            (iii) by adding at the end the following:
            ``(2)(A) The term `affected individual' means an individual 
        covered under this chapter who--
                            ``(i) is performing service in a 
                        firefighter position;
                            ``(ii) while on duty, becomes ill or is 
                        injured as a direct result of the performance 
                        of such duties before the date on which the 
                        individual becomes entitled to an annuity under 
                        paragraph (1) of this subsection or subsection 
                        (e), as applicable;
                            ``(iii) because of the illness or injury 
                        described in clause (ii), is permanently unable 
                        to render useful and efficient service in the 
                        employee's firefighter position, as determined 
                        by the agency in which the individual was 
                        serving when such individual incurred the 
                        illness or injury; and
                            ``(iv) is appointed to a position in the 
                        civil service that--
                                    ``(I) is not a firefighter 
                                position; and
                                    ``(II) is within an agency that 
                                regularly appoints individuals to 
                                supervisory or administrative positions 
                                related to the activities of the former 
                                firefighter position of the individual.
                    ``(B) Unless an affected individual files an 
                election described in subparagraph (E), creditable 
                service by the affected individual in a position 
                described in subparagraph (A)(iv) shall be treated as 
                creditable service in a firefighter position for 
                purposes of this chapter and determining the amount to 
                be deducted and withheld from the pay of the affected 
                individual under section 8422.
                    ``(C) Subparagraph (B) shall only apply if the 
                affected employee transitions to a position described 
                in subparagraph (A)(iv) without a break in service 
                exceeding 3 days.
                    ``(D) The service of an affected individual shall 
                no longer be eligible for treatment under subparagraph 
                (B) if such service occurs after the individual--
                            ``(i) is transferred to a supervisory or 
                        administrative position related to the 
                        activities of the former firefighter position 
                        of the individual; or
                            ``(ii) meets the age and service 
                        requirements that would subject the individual 
                        to mandatory separation under section 8425 if 
                        such individual had remained in the former 
                        firefighter position.
                    ``(E) In accordance with procedures established by 
                the Director of the Office of Personnel Management, an 
                affected individual may file an election to have any 
                creditable service performed by the affected individual 
                treated in accordance with this chapter without regard 
                to subparagraph (B).
                    ``(F) Nothing in this paragraph shall be construed 
                to apply to such affected individual any other pay-
                related laws or regulations applicable to a firefighter 
                position.''.
                    (B) Technical and conforming amendments.--Chapter 
                84 of title 5, United States Code, is amended--
                            (i) in section 8414(b)(3), by inserting 
                        ``(1)'' after ``subsection (d)'';
                            (ii) in section 8415--
                                    (I) in subsection (e), in the 
                                matter preceding paragraph (1), by 
                                inserting ``(1)'' after ``subsection 
                                (d)''; and
                                    (II) in subsection (h)(2)(A), by 
                                striking ``(d)(2)'' and inserting 
                                ``(d)(1)(B)'';
                            (iii) in section 8421(a)(1), by inserting 
                        ``(1)'' after ``(d)'';
                            (iv) in section 8421a(b)(4)(B)(ii), by 
                        inserting ``(1)'' after ``section 8412(d)'';
                            (v) in section 8425, by inserting ``(1)'' 
                        after ``section 8412(d)'' each place it 
                        appears; and
                            (vi) in section 8462(c)(3)(B)(ii), by 
                        inserting ``(1)'' after ``subsection (d)''.
            (2) Implementation.--
                    (A) Regulations.--Not later than 1 year after the 
                date of enactment of this Act, the Director shall 
                promulgate regulations to carry out the amendments made 
                by paragraph (2). Such regulations--
                            (i) shall include a requirement that the 
                        head of the agency at which an affected 
                        employee incurred the applicable illness or 
                        injury certifies that such illness or injury--
                                    (I) was incurred in the course of 
                                the employee's duties; and
                                    (II) permanently precludes the 
                                employee from rendering useful and 
                                efficient service in a firefighter 
                                position but would not preclude the 
                                employee or special agent from 
                                continuing to serve in the Federal 
                                service; and
                            (ii) shall ensure--
                                    (I) that, to the greatest extent 
                                possible, the head of each agency 
                                appoints affected employees to 
                                supervisory or administrative positions 
                                related to the activities of the former 
                                firefighter position of the employee; 
                                and
                                    (II) that the creditable service of 
                                an affected employee that is not in a 
                                firefighter position pursuant to an 
                                election made under such amendments 
                                shall be treated as the same type of 
                                service as the firefighter position in 
                                which the employee suffered the 
                                qualifying illness or injury.
                    (B) Application.--The amendments made by this 
                section shall apply to an individual who suffers an 
                illness or injury described in section 
                8412(d)(2)(A)(i)(II) of title 5, United States Code, as 
                amended by this subsection, on or after the date that 
                is 2 years after the date of enactment of this Act.
    (b) Deposit Service.--Notwithstanding any other provision of law, 
any service performed by an individual as a Federal wildland 
firefighter on or after January 1, 1989, for which retirement 
deductions under chapter 84 of title 5, United States Code, have not 
been made shall be creditable under such chapter, but only if such 
firefighter--
            (1) submits a written election to the Director; and
            (2) the deposit requirements of section 8411(f) of such 
        title had been met with respect to such service.
    (c) Disability Annuity.--Beginning on the date of enactment of this 
Act, any Federal wildland firefighter who suffers from a disease 
described in section 8102(c)(3) of title 5, United States Code (as 
added by section 3(d) of this Act), due to environmental job-related 
exposure, including smoke inhalation, silicate inhalation, and 
firefighting chemical exposure, shall be considered to be disabled for 
purposes of section 8451 of such title. Such section 8451 shall be 
applied to any such firefighter by substituting ``12 months'' for ``18 
months''.
    (d) Including Overtime as Basic Pay.--Section 8331(3) of title 5, 
United States Code, is amended--
            (1) in subparagraph (H), by striking ``and'' at the end;
            (2) in subparagraph (I), by inserting ``and'' after the 
        semicolon;
            (3) by inserting after subparagraph (I) the following:
                    ``(J) with respect to a Federal wildland 
                firefighter (as that term is defined in section 1(b) of 
                the Tim Hart Wildland Firefighter Classification and 
                Pay Parity Act), overtime pay received on or after the 
                date of enactment of this subparagraph;''; and
            (4) in the undesignated matter following subparagraph (J) 
        (as added by paragraph (3)), by striking ``subparagraphs (B) 
        through (I) of this paragraph'' and inserting ``subparagraphs 
        (B) through (J) of this paragraph,''.
    (e) Separate Normal-Cost Percentage.--Section 8423(a)(1)(B)(i) of 
title 5, United States Code, is amended by inserting after 
``firefighters,'' the following: ``Federal wildland firefighter (as 
that term is defined in section 1 of the Tim Hart Wildland Firefighter 
Classification and Pay Parity Act),''.

SEC. 5. PAY PARITY FOR FEDERAL STRUCTURAL FIREFIGHTERS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, any pay, benefits, and bonuses provided to any Federal 
structural firefighter shall be comparable with the pay, benefits, and 
bonuses provided for Federal wildland firefighters under this Act. Not 
later than 1 year after the date the pay scale is established under 
section 2(b)(1), the Director shall submit a report to Congress on 
whether pay for such Federal structural firefighters is competitive 
with Federal wildland firefighters.
    (b) Federal Structural Firefighter Defined.--In this section, the 
term ``Federal structural firefighter''--
            (1) has the meaning given the term ``firefighter'' in 
        section 8401 of chapter 84 of title 5, United States Code; and
            (2) does not include any Federal wildland firefighter.
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