,i #aacth ,,congress #ast ,session ,h4 ,r4 #bheh ,,in ,,the ,,house ,,of ,,representatives ,july #cj1 #bjac ,ms4 ,de,gette introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to implement reforms to the ,federal land management agency fire programs in order to address the complexities of #bast century wildfires in a more cost-effective and efficient manner4 #a4 ,short title ,this ,act may be cited as the ,wildland ,firefighters ,protection ,act4 #b4 ,definitions ,for the purposes of this ,act-- 7#a7 the term wildland firefighter means an employee of a ,federal land management agency1 the duties of whose position are primarily to perform work directly related to the prevention1 control1 suppression1 and management of wildfires1 including-- 7,a7 an employee of a ,federal land management agency who is assigned to support wildland fire suppression activities2 and 7,b7 an employee who is transferred to a supervisory or administrative position from a position of wildland firefighter 7as defined by the preceding provisions of this paragraph72 7#b7 the term ,federal land management agency means-- 7,a7 within the ,department of the ,interior1 the ,bureau of ,land ,management1 the ,bureau of ,indian ,affairs1 the ,national ,park ,service1 and the ,fish and ,wildlife ,service2 and 7,b7 within the ,department of ,agriculture1 the ,forest ,service2 and 7#c7 the term employee has the meaning given such term by section #baje of title #e1 ,united ,states ,code4 #c4 ,classification of wildland firefighters 7a7 ,requirements 7#a7 ,in general ,within #cj days after the date of the enactment of this ,act1 the ,office of ,personnel ,management1 in cooperation with the ,federal land management agencies1 shall commence development of a separate and distinct wildland firefighter occupational series that will more accurately reflect the variety of duties performed by wildland firefighters4 7#b7 ,designation ,the official title assigned to any occupational series established pursuant to paragraph 7#a7 shall include the designation of ,wildland ,firefighter4 7#c7 ,positions described ,paragraph 7#a7 applies with respect to any class or other category of positions that consists primarily or exclusively of forestry technician positions1 range technician positions1 or any other positions the duties and responsibilities of which include-- 7,a7 significant wildfire preparedness and suppression activities2 or 7,b7 activities necessary to meet any other emergency incident to which assigned4 7#d7 ,consultation ,congress encourages the ,office of ,personnel ,management to consult with recognized employee organizations1 employee associations1 and any other groups that represent ,federal wildland firefighters in carrying out this subsection4 7b7 ,hazardous duty differential not affected ,section #eede7;d77#a7 of title #e1 ,united ,states ,code1 is amended by striking all after except and inserting an em dash and the following3 7,a7 an employee in an occupational series covering positions for which the primary duties are wildland firefighting1 as determined by the ,office2 and 7,b7 in such other circumstances as the ,office may by regulation prescribe2 and 4 7c7 ,employees currently in #dja series ,any individual who1 as of the date of the enactment of this ,act1 holds a position of wildland firefighter shall have the option of either remaining in the #dja series 7as in effect on such date under chapter #ea of title #e1 ,united ,states ,code7 or being included in the new wildland firefighter series1 as established pursuant to subsection 7a74 #d4 ,pay and benefits 7a7 ,portal-to-,portal ,compensation ,pilot ,program 7#a7 ,in general ,in the case of a wildland firefighter1 for full-time1 part-time1 and intermittent tours of duty1 hours of work officially ordered or approved in excess of #dj hours per week or #h hours per day shall be considered overtime work1 inclusive of all time the firefighter is away from their official duty station assigned to an emergency incident1 in support of an emergency incident 7including wildfires1 hurricanes1 and other natural disasters to which employees are assigned7 in support of an emergency incident1 or pre-positioned for emergency response1 and shall be compensable as work time in accordance with section #eedb7;a7 of title #e1 ,united ,states ,code1 as amended by paragraph 7#b77;,a74 ,the provisions of this subsection and the amendments made by this subsection comprise the portal-to-portal compensation pilot program4 7#b7 ,requirements 7,a7 ,amendment to title #e ,section #eedb7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end 7as a flush left sentence7 the following3 ,notwithstanding paragraphs 7#a7 and 7#b71 and only for the duration of the portal-to-portal compensation program under section #d of the ,wildland ,firefighters ,protection ,act1 for a wildland firefighter assigned to an emergency incident1 assigned in support of an emergency incident1 or pre-positioned for emergency response1 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 employee1 and that entire amount is premium pay4 4 7,b7 ,fair ,labor ,standards ,act of #aich ,for the purpose of applying the provisions of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja and following7 with respect to wildland firefighters1 no violation referred to in such provisions shall be considered to have occurred if the requirements described in the amendment made by subparagraph 7,a7 are met4 7,c7 ,duration and scope of pilot program ,the pilot program shall be carried out by the ,department of the ,interior and the ,department of ,agriculture-- 7i7 for a period not to exceed #c calendar years beginning as of the start of the #bjad wildfire season2 and 7ii7 with respect to wildland firefighters holding positions within such geographic areas as the ,secretary of ,agriculture shall1 in consultation with the ,secretary of the ,interior1 determine4 7,d7 ,funding ,notwithstanding any other provision of law1 there shall be made available from the ,,flame ,wildfire ,suppression ,reserve ,funds1 established by section #ejb7;b7 of the ,,flame ,act of #bjji 7#dc ,u4,s4,c4 #agdh;a7b771 an amount-- 7i7 sufficient to carry out the portal-to-portal compensation pilot program2 but 7ii7 only to the extent that-- 7,i7 in the case of the #bjad wildfire season and any subsequent wildfire season during which the pilot program is in effect1 such amount exceeds 7,,ii7 the average corresponding expenses which were paid1 with respect to wildland firefighters holding positions within the geographic area or areas covered by the program 7as specified under subparagraph 7,c77ii77 for the #bjab and #bjac wildfire seasons4 7,e7 ,report ,no later than #ij days after the completion of the pilot program1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall submit to ,congress a joint report on the effectiveness of the pilot program4 ,such report shall address the effect of the program with respect to-- 7i7 recruitment and retention of wildland firefighters2 and 7ii7 any cost savings4 7,f7 ,exemption ,employees compensated under the pilot program shall1 for the period of such program1 be exempt from any limitation on premium pay under section #eedg of title #e1 ,united ,states ,code4 7b7 ,hazardous duty differential ,to be treated as part of a wildland firefighter's base pay for retirement purposes 7#a7 ,in general ,section #hcca7c7 of title #e1 ,united ,states ,code is amended-- 7,a7 in subparagraph 7,g71 by striking and at the end2 7,b7 in subparagraph 7,h71 by inserting and at the end2 and 7,c7 by adding after subparagraph 7,h7 the following3 7,i7 with respect to a wildland firefighter 7as defined by section #b of the ,wildland ,firefighters ,protection ,act71 any pay differential received under section #eede7;d72 4 7#b7 ,conforming amendment ,such section #hcca7c7 is further amended1 in the matter following subparagraph 7,i7 7as added by paragraph 7#a77;,c771 by striking subparagraphs 7,b7 through 7,h7 of this paragraph and inserting subparagraphs 7,b7 through 7,i714 7c7 ,hazardous duty differential 7#a7 ,in general ,in the administration of section #eede7;d7 of title #e1 ,united ,states ,code1 the ,office of ,personnel ,management shall take such measures as may be necessary to ensure that1 under the schedule or schedules of pay differentials for duty involving unusual physical hardship or hazard1 a pay differential of #be percent shall be payable to an individual while serving as a member of a wildland firefighting crew4 7#b7 ,definition ,for purposes of this subsection1 the term wildland firefighting crew includes ground 7hand crew1 hotshot1 engine1 and other fire apparatus personnel7 and airborne 7smoke jumper or helitack7 firefighting personnel on the fire line of any wildfire or prescribed fuel treatment burn or fire1 as further defined in regulations of the ,office of ,personnel ,management4 7d7 ,buy back of civilian time after #aihi 7#a7 ,in general ,any individual who is subject to the ,federal ,employees' ,retirement ,system as a firefighter 7within the meaning of section #hdja of title #e1 ,united ,states ,code7 on the date of the enactment of this ,act shall be entitled to have any qualifying firefighter service treated as creditable service under section #hdaa of such title4 7#b7 ,qualifying firefighter service ,for purposes of this subsection1 the term qualifying firefighter service means1 in connection with an individual1 any service-- 7,a7 which was performed by such individual1 as a wildland firefighter1 after #aihi and before the date of the enactment of this ,act2 and 7,b7 for which such individual was not allowed to receive retirement credit by reason of section #hcdg7;g7 or #hdjb7;c7 of such title #e4 7#c7 ,deposit requirement ,credit for a period of service may not be given under this subsection unless the individual involved makes a deposit1 in such manner as the ,office of ,personnel ,management may by regulation require1 equal to the employee contributions that would have been required 7in the case of a firefighter7 for such period under section #hccd7;c7 or #hdbb7;a7 of such title #e1 with interest4 7#d7 ,certification ,the ,office of ,personnel ,management shall accept the certification of the ,secretary of the ,interior or the ,secretary of ,agriculture1 as the case may be1 concerning whether an individual performed qualifying firefighter service and the length of the period of such service the individual performed4