,,ii #aaeth ,,congress #ast ,session ,s4 #iej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bf1 #bjag ,mr4 ,daines 7for himself and ,ms4 ,cantwell7 introduced the following bill2 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 fire4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,wildland ,firefighter ,fairness ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,single qualification and certification system4 ,sec4 #c4 ,personnel flexibility relating to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 ,sec4 #d4 ,extension of service limits for seasonal hires4 ,sec4 #e4 ,civil service retention rights4 ,sec4 #f4 ,computation of pay4 #b4 ,single qualification and certification system 7a7 ,merging #b 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 #cj1 #bjbe4 7b7 ,elimination of bureau add-,on requirements ,on and after ,october #a1 #bjba1 the ,secretary of the ,interior and the ,secretary of ,agriculture may not require a person to demonstrate additional competencies to obtain1 make use of1 or maintain a qualification or certification for a fire position1 regardless of which jurisdictional agency employs the person4 #c4 ,personnel flexibility relating to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7a7 ,definition of time-,limited appointment ,section #ifja of title #e1 ,united ,states ,code1 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 the term time-limited appointment includes-- 7,a7 a temporary appointment and a term appointment1 as defined by the ,office of ,personnel ,management2 7,b7 an appointment pursuant to section #cjf7;b77#a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eadi7;b77#a772 and 7,c7 an appointment pursuant to subtitle ,e of title ,i of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfaa et seq474 4 7b7 ,competitive service2 time-,limited appointments ,section #ifjb of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7b7 through 7e7 as subsections 7d7 through 7g71 respectively2 7#b7 in subsection 7a71 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,notwithstanding and inserting ,appointments to land management agencies4--,notwithstanding2 and 7,b7 by inserting described in section #ifja7b77;,a7 after time-limited appointment2 7#c7 by inserting after subsection 7a7 the following3 7b7 ,appointments under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act ,notwithstanding chapter #cc or any other provision of law relating to the examination1 certification1 and appointment of individuals in the competitive service-- 7#a7 an employee appointed under the authority described in section #ifja7b77;,b7 and serving under a full-time1 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 7as defined in section #aja of title #ca7 under the internal merit promotion procedures of the applicable agency if-- 7,a7 the employee has served under one or more time-limited appointments for at least #b years without a break in service2 and 7,b7 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 7,a72 and 7#b7 an employee appointed under the authority described in section #ifja7b77;,b7 and serving under an intermittent1 time-limited appointment is eligible for a permanent appointment in the competitive service at the ,federal ,emergency ,management ,agency or any other agency 7as defined in section #aja of title #ca7 under the internal merit promotion procedures of the applicable agency if-- 7,a7 the employee has served under one or more time-limited appointments2 7,b7 the employee has been deployed at least #ebb days2 7,c7 the employee has not declined any deployments while in an available status2 and 7,d7 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 7,a74 7c7 ,appointments under the ,national and ,community ,service ,act of #aiij 7#a7 ,definition of employee ,notwithstanding section #afj7;a7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfbj7;a771 in this subsection1 the term employee includes individuals appointed under subtitle ,e of title ,i of that ,act 7#db ,u4,s4,c4 #afbaa et seq474 7#b7 ,competition for permanent appointment ,notwithstanding chapter #cc or any other provision of law relating to the examination1 certification1 and appointment of individuals in the competitive service1 a member of the ,national ,civilian ,community ,corps appointed under subtitle ,e of title ,i of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfaa et seq47 who serves #b consecutive terms is eligible to compete for a permanent appointment in the competitive service at the ,federal ,emergency ,management ,agency or any other agency 7as defined in section #aja of title #ca7 under the internal merit promotion procedures during the #b-year period beginning on the date of the expiration of the appointment under section #afj7;a7 of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfbj7;a771 if the performance of the employee has been at an acceptable level of performance throughout the period4 2 7#d7 in subsection 7d7 7as redesignated by paragraph 7#a771 by striking ,in determining and inserting ,waiver of age requirements4--,in determining2 7#e7 in subsection 7e7 7as redesignated by paragraph 7#a771 by striking ,an individual and inserting ,tenure and status4--,an individual2 7#f7 in subsection 7f7 7as redesignated by paragraph 7#a771 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,a former and inserting ,former employees4--,a former2 and 7,b7 by inserting or the ,federal ,emergency ,management ,agency after management agency2 and 7#g7 in subsection 7g7 7as redesignated by paragraph 7#a771 by striking ,the ,office and inserting ,regulations4--,the ,office4 #d4 ,extension of service limits for seasonal hires 7a7 ,definitions ,in this section-- 7#a7 the term covered ,secretary means-- 7,a7 the ,secretary of the ,interior2 and 7,b7 the ,secretary of ,agriculture2 7#b7 the term ,director means the ,director of the ,office of ,personnel ,management2 and 7#c7 the term pilot program means the pilot program established under subsection 7b74 7b7 ,pilot program ,the ,director shall establish a pilot program for seasonal or temporary ,federal employees1 the duties of which primarily involve being a firefighter4 7c7 ,expansion of service year limitations ,under the pilot program1 each covered ,secretary may expand a service year limitation to enable a seasonal firefighter to be employed for a period that exceeds #a1jdj 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 seasons4 7d7 ,standards ,the ,director1 in cooperation with each covered ,secretary1 shall establish standards and guidelines for the pilot program4 7e7 ,report ,not later than #b years after the date on which the pilot program is established1 the ,director shall submit a report that describes the use and impact of the pilot program to-- 7#a7 the ,committee on ,energy and ,natural ,resources and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,natural ,resources and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7f7 ,termination ,the pilot program shall terminate on the date that is #e years after the date on which the pilot program is established4 #e4 ,civil service retention rights ,section #haea of title #e1 ,united ,states ,code1 is amended by striking subsection 7b7 and inserting the following3 7b7 ,regulations 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered employee means an employee who-- 7i7 served in a position in the ,forest ,service or the ,department of the ,interior as a wildland firefighter2 and 7ii7 sustained an injury while in the performance of duty1 as determined by the ,director of the ,office of ,personnel ,management1 that prevents the employee from performing the physical duties of a firefighter2 7,b7 the term equivalent position includes a position for a covered employee that-- 7i7 allows the covered employee to receive the same retirement benefits under subchapter ,,iii of chapter #hc or chapter #hd that the covered employee would have received in the former position had the covered employee not been injured or disabled2 and 7ii7 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 7i7 had the covered employee not been injured or disabled2 and 7,c7 the term firefighter has the meaning given the term in section #hcca4 7#b7 ,regulations ,under regulations issued by the ,office of ,personnel ,management-- 7,a7 the department or agency that was the last employer shall immediately and unconditionally accord the employee1 if the injury or disability has been overcome within #a 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 ,states1 the right to resume the former position of the employee or an equivalent position1 as well as all other attendant rights that the employee would have had1 or acquired1 in the former position of the employee had the employee not been injured or disabled1 including the rights to tenure1 promotion1 and safeguards in reductions-in-force procedures2 7,b7 the department or agency that was the last employer shall1 if the injury or disability is overcome within a period of more than #a year after the date of commencement of compensation1 make all reasonable efforts to place1 and accord priority to placing1 the employee in the former position of the employee or an equivalent position within the department or agency1 or within any other department or agency2 and 7,c7 a covered employee who was injured during the #bj-year period ending on the date of enactment of the ,wildland ,firefighter ,fairness ,act may not receive the same retirement benefits described in paragraph 7#a77;,b77ii7 unless the covered employee first makes a payment to the ,forest ,service or the ,department of the ,interior1 as applicable1 equal to the amount that would have been deducted from pay under section #hccd or #hddb1 as applicable1 had the covered employee not been injured or disabled4 4 #f4 ,computation of pay 7a7 ,in general ,section #haad of title #e1 ,united ,states ,code1 is amended by striking subsection 7e7 and inserting the following3 7e7 ,overtime 7#a7 ,definition ,in this subsection1 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 activity4 7#b7 ,overtime ,the value of subsistence and quarters1 and of any other form of remuneration in kind for services if its value can be estimated in money1 and covered overtime pay and premium pay under section #eede7;c77#a7 of this title are included as part of the pay1 but account is not taken of-- 7,a7 overtime pay2 7,b7 additional pay or allowance authorized outside the ,united ,states because of differential in cost of living or other special circumstances2 or 7,c7 bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,october #a1 #bjai4