[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 950 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 950
To correct problems pertaining to human resources for career and
volunteer personnel engaged in wildland fire and structure fire.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2017
Mr. Daines (for himself and Ms. Cantwell) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To correct problems pertaining to human resources for career and
volunteer personnel engaged in wildland fire and structure fire.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wildland
Firefighter Fairness Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Single qualification and certification system.
Sec. 3. Personnel flexibility relating to the Robert T. Stafford
Disaster Relief and Emergency Assistance
Act.
Sec. 4. Extension of service limits for seasonal hires.
Sec. 5. Civil service retention rights.
Sec. 6. Computation of pay.
SEC. 2. SINGLE QUALIFICATION AND CERTIFICATION SYSTEM.
(a) Merging 2 Systems.--The Secretary of the Interior and the
Secretary of Agriculture shall work with States and the Workforce
Development Committee of the National Wildfire Coordinating Group to
merge the Incident Qualification System and the Incident Qualification
and Certification System into a single system by September 30, 2025.
(b) Elimination of Bureau Add-On Requirements.--On and after
October 1, 2021, the Secretary of the Interior and the Secretary of
Agriculture may not require a person to demonstrate additional
competencies to obtain, make use of, or maintain a qualification or
certification for a fire position, regardless of which jurisdictional
agency employs the person.
SEC. 3. PERSONNEL FLEXIBILITY RELATING TO THE ROBERT T. STAFFORD
DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT.
(a) Definition of Time-Limited Appointment.--Section 9601 of title
5, United States Code, is amended by striking paragraph (2) and
inserting the following:
``(2) the term `time-limited appointment' includes--
``(A) a temporary appointment and a term
appointment, as defined by the Office of Personnel
Management;
``(B) an appointment pursuant to section 306(b)(1)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149(b)(1)); and
``(C) an appointment pursuant to subtitle E of
title I of the National and Community Service Act of
1990 (42 U.S.C. 12611 et seq.).''.
(b) Competitive Service; Time-Limited Appointments.--Section 9602
of title 5, United States Code, is amended--
(1) by redesignating subsections (b) through (e) as
subsections (d) through (g), respectively;
(2) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``Notwithstanding'' and inserting
``Appointments to Land Management Agencies.--
Notwithstanding''; and
(B) by inserting ``described in section
9601(2)(A)'' after ``time-limited appointment'';
(3) by inserting after subsection (a) the following:
``(b) Appointments Under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.--Notwithstanding chapter 33 or any other
provision of law relating to the examination, certification, and
appointment of individuals in the competitive service--
``(1) an employee appointed under the authority described
in section 9601(2)(B) and serving under a full-time, time-
limited appointment is eligible to compete for a permanent
appointment in the competitive service at the Federal Emergency
Management Agency or any other agency (as defined in section
101 of title 31) under the internal merit promotion procedures
of the applicable agency if--
``(A) the employee has served under one or more
time-limited appointments for at least 2 years without
a break in service; and
``(B) the performance of the employee has been at
an acceptable level of performance throughout the one
or more time-limited appointment periods referred to in
subparagraph (A); and
``(2) an employee appointed under the authority described
in section 9601(2)(B) and serving under an intermittent, time-
limited appointment is eligible for a permanent appointment in
the competitive service at the Federal Emergency Management
Agency or any other agency (as defined in section 101 of title
31) under the internal merit promotion procedures of the
applicable agency if--
``(A) the employee has served under one or more
time-limited appointments;
``(B) the employee has been deployed at least 522
days;
``(C) the employee has not declined any deployments
while in an `available' status; and
``(D) the performance of the employee has been at
an acceptable level of performance throughout the one
or more time-limited appointments referred to in
subparagraph (A).
``(c) Appointments Under the National and Community Service Act of
1990.--
``(1) Definition of employee.--Notwithstanding section
160(a) of the National and Community Service Act of 1990 (42
U.S.C. 12620(a)), in this subsection, the term `employee'
includes individuals appointed under subtitle E of title I of
that Act (42 U.S.C. 16211 et seq.).
``(2) Competition for permanent appointment.--
Notwithstanding chapter 33 or any other provision of law
relating to the examination, certification, and appointment of
individuals in the competitive service, a member of the
National Civilian Community Corps appointed under subtitle E of
title I of the National and Community Service Act of 1990 (42
U.S.C. 12611 et seq.) who serves 2 consecutive terms is
eligible to compete for a permanent appointment in the
competitive service at the Federal Emergency Management Agency
or any other agency (as defined in section 101 of title 31)
under the internal merit promotion procedures during the 2-year
period beginning on the date of the expiration of the
appointment under section 160(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12620(a)), if the performance of
the employee has been at an acceptable level of performance
throughout the period.'';
(4) in subsection (d) (as redesignated by paragraph (1)),
by striking ``In determining'' and inserting ``Waiver of Age
Requirements.--In determining'';
(5) in subsection (e) (as redesignated by paragraph (1)),
by striking ``An individual'' and inserting ``Tenure and
Status.--An individual'';
(6) in subsection (f) (as redesignated by paragraph (1)),
in the matter preceding paragraph (1)--
(A) by striking ``A former'' and inserting ``Former
Employees.--A former''; and
(B) by inserting ``or the Federal Emergency
Management Agency'' after ``management agency''; and
(7) in subsection (g) (as redesignated by paragraph (1)),
by striking ``The Office'' and inserting ``Regulations.--The
Office''.
SEC. 4. EXTENSION OF SERVICE LIMITS FOR SEASONAL HIRES.
(a) Definitions.--In this section--
(1) the term ``covered Secretary'' means--
(A) the Secretary of the Interior; and
(B) the Secretary of Agriculture;
(2) the term ``Director'' means the Director of the Office
of Personnel Management; and
(3) the term ``pilot program'' means the pilot program
established under subsection (b).
(b) Pilot Program.--The Director shall establish a pilot program
for seasonal or temporary Federal employees, the duties of which
primarily involve being a firefighter.
(c) Expansion of Service Year Limitations.--Under the pilot
program, each covered Secretary may expand a service year limitation to
enable a seasonal firefighter to be employed for a period that exceeds
1,040 hours in a given year if the covered Secretary determines the
expansion to be necessary to stage fire crews earlier or later in a
year to accommodate longer fire seasons.
(d) Standards.--The Director, in cooperation with each covered
Secretary, shall establish standards and guidelines for the pilot
program.
(e) Report.--Not later than 2 years after the date on which the
pilot program is established, the Director shall submit a report that
describes the use and impact of the pilot program to--
(1) the Committee on Energy and Natural Resources and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
(2) the Committee on Natural Resources and the Committee on
Oversight and Government Reform of the House of
Representatives.
(f) Termination.--The pilot program shall terminate on the date
that is 5 years after the date on which the pilot program is
established.
SEC. 5. CIVIL SERVICE RETENTION RIGHTS.
Section 8151 of title 5, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b) Regulations.--
``(1) Definitions.--In this subsection--
``(A) the term `covered employee' means an employee
who--
``(i) served in a position in the Forest
Service or the Department of the Interior as a
wildland firefighter; and
``(ii) sustained an injury while in the
performance of duty, as determined by the
Director of the Office of Personnel Management,
that prevents the employee from performing the
physical duties of a firefighter;
``(B) the term `equivalent position' includes a
position for a covered employee that--
``(i) allows the covered employee to
receive the same retirement benefits under
subchapter III of chapter 83 or chapter 84 that
the covered employee would have received in the
former position had the covered employee not
been injured or disabled; and
``(ii) does not require the covered
employee to complete any more years of service
than the covered employee would have been
required to complete to receive the benefits
described in clause (i) had the covered
employee not been injured or disabled; and
``(C) the term `firefighter' has the meaning given
the term in section 8331.
``(2) Regulations.--Under regulations issued by the Office
of Personnel Management--
``(A) the department or agency that was the last
employer shall immediately and unconditionally accord
the employee, if the injury or disability has been
overcome within 1 year after the date of commencement
of compensation or from the time compensable disability
recurs if the recurrence begins after the injured
employee resumes regular full-time employment with the
United States, the right to resume the former position
of the employee or an equivalent position, as well as
all other attendant rights that the employee would have
had, or acquired, in the former position of the
employee had the employee not been injured or disabled,
including the rights to tenure, promotion, and
safeguards in reductions-in-force procedures;
``(B) the department or agency that was the last
employer shall, if the injury or disability is overcome
within a period of more than 1 year after the date of
commencement of compensation, make all reasonable
efforts to place, and accord priority to placing, the
employee in the former position of the employee or an
equivalent position within the department or agency, or
within any other department or agency; and
``(C) a covered employee who was injured during the
20-year period ending on the date of enactment of the
Wildland Firefighter Fairness Act may not receive the
same retirement benefits described in paragraph
(1)(B)(ii) unless the covered employee first makes a
payment to the Forest Service or the Department of the
Interior, as applicable, equal to the amount that would
have been deducted from pay under section 8334 or 8442,
as applicable, had the covered employee not been
injured or disabled.''.
SEC. 6. COMPUTATION OF PAY.
(a) In General.--Section 8114 of title 5, United States Code, is
amended by striking subsection (e) and inserting the following:
``(e) Overtime.--
``(1) Definition.--In this subsection, the term `covered
overtime pay' means pay received by an employee who serves in a
position in the Forest Service or the Department of the
Interior as a wildland firefighter while engaged in wildland
fire suppression activity.
``(2) Overtime.--The value of subsistence and quarters, and
of any other form of remuneration in kind for services if its
value can be estimated in money, and covered overtime pay and
premium pay under section 5545(c)(1) of this title are included
as part of the pay, but account is not taken of--
``(A) overtime pay;
``(B) additional pay or allowance authorized
outside the United States because of differential in
cost of living or other special circumstances; or
``(C) bonus or premium pay for extraordinary
service including bonus or pay for particularly
hazardous service in time of war.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2019.
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