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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--
(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, suppression, and management of wildfires,
including--
(A) an employee of a Federal land management 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 agency'' 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.--
(1) In general.--Within 30 days after the date of the
enactment of this Act, the Office of Personnel Management, in
cooperation with the Federal land management agencies, shall
commence development of a separate and distinct wildland
firefighter occupational series that will more accurately
reflect the variety of duties performed by wildland
firefighters.
(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) applies with
respect to any class or other category of positions that
consists primarily or exclusively of forestry technician
positions, range technician positions, or any other positions
the duties and responsibilities 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 recognized employee
organizations, employee associations, and any other groups that
represent Federal wildland firefighters in carrying out this
subsection.
(b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1)
of title 5, United States Code, is amended by striking all after
''except'' and inserting 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 series, as
established pursuant to subsection (a).

SEC. 4. PAY AND BENEFITS.

(a) 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 approved 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, 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 violation referred to in such provisions shall be considered
to have occurred if the requirements described in paragraph (1)
are met.
(c) Portal-to-Portal Compensation Pilot Program.--
(1) Funding.--There is authorized to be appropriated
$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 submit 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.
(4) Additional requirements.--To ensure adequate funding
and to realize maximum wildfire suppression savings, the
Secretary of the Interior and the Secretary of Agriculture
shall take appropriate measures to ensure that total funding
for non-Federal fire suppression personnel and other resources,
by their respective Departments--
(A) for the first year of the pilot program, do not
exceed 90 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons;
(B) for the second year of the pilot program, do
not exceed 75 percent of their combined non-Federal
fire suppression costs for the 2011 and 2012 wildfire
seasons; and
(C) for the third year of the pilot program, do not
exceed 65 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons.
(d) Hazardous Duty Differential To Be Treated as Part of a Wildland
Firefighter's Base Pay for Retirement Purposes.--
(1) In general.--Section 8331(3) of title 5, United States
Code is amended--
(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 Firefighters
Health Protection Act), any pay differential 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 section 5545(d)
of title 5, United States Code, the Office of Personnel
Management shall take such measures 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
individual while serving as a member of a wildland firefighting
crew.
(2) Definition.--For purposes of this subsection, the term
''wildland firefighting crew'' includes 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 Office of
Personnel Management.
(f) Benefits for Seasonal Wildland Firefighters.--
(1) Provisions relating to life insurance.--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 period at the
end and inserting ''; or''; and
(C) by adding after paragraph (3) the following:
''(4) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(2) Provisions relating to health benefits.--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 period at the
end and inserting ''; or''; and
(C) by adding after paragraph (4) the following:
''(5) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(g) Buy Back of Civilian Time After 1989.--
(1) In general.--Any individual who is subject 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 enactment 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 individual, any service--
(A) which was performed by such individual, as a
wildland firefighter, after 1989 and before the date of
the enactment of this Act; and
(B) for which such individual was not allowed to
receive retirement credit by reason of section 8347(g)
or 8402(c) of such title 5.
(3) Deposit requirement.--Credit for a period of service
may not be given under this subsection unless the individual
involved makes a deposit, in such manner as the Office of
Personnel Management may by regulation require, equal to the
employee contributions that would have been required (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 Agriculture, as the case may be, concerning
whether an individual performed qualifying firefighter service
and the length of the period of such service the individual
performed.
Wildland Firefighters Health Protection Act - Defines "wildland firefighter" as an employee of a federal land management agency who performs work directly related to the prevention, control, suppression, and management of wildfires, including an employee who is assigned to support wildland fire suppression activities and an employee who is transferred to a supervisory or administrative position.

Directs the Office of Personnel Management (OPM), in cooperation with such agencies, to commence development of a separate wildland firefighter occupational series that will more accurately reflect the variety of duties performed.

Requires a wildland firefighter's hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day to be considered overtime work. Makes time the firefighter is away from his or her official duty station assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response compensable as work time. Includes hazardous duty differentials as basic pay for retirement purposes.

Prohibits OPM from excluding wildland firefighters from federal employees' group life insurance (FEGLI) and from federal health care benefits.