,,ii #aaith ,,congress #ast ,session ,s4 #bgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bh1 #bjbe,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to reform and enhance the pay and benefits of ,federal wildland firefighters1 and for other purposes4 #a4 ,short title2 definitions2 table of contents 7a7 ,short title ,this ,act may be cited as the ,tim ,hart ,wildland ,firefighter ,classification and ,pay ,parity ,act or ,tim's ,act4 7b7 ,definitions ,in this ,act3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,personnel ,management4 7#b7 ,federal wildland firefighter ,the term ,federal wildland firefighter means any temporary1 seasonal1 or permanent position at the ,department of ,agriculture or the ,department of the ,interior1 or any ,tribal ,firefighter1 that maintains group1 emergency incident management1 or fire qualifications1 as established annually by the ,standards for ,wildland ,fire ,position ,qualifications published by the ,national ,wildfire ,coordinating ,group1 and primarily engages in or supports wildland fire management activities1 including forestry and rangeland technicians and positions concerning aviation1 engineering heavy equipment operations1 dispatch1 or fire and fuels management4 7#c7 ,secretaries ,the term ,secretaries means the ,secretary of ,agriculture and the ,secretary of the ,interior4 7c7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 definitions2 table of contents4,sec4 #b4 ,special base rates of pay for wildland firefighters4,sec4 #c4 ,wildland fire incident response premium pay4,sec4 #d4 ,special limitations on pay for wildland firefighters4,sec4 #e4 ,rest and recuperation leave for employees engaged in wildland firefighting4,sec4 #f4 ,health provisions4,sec4 #g4 ,retirement for firefighters4,sec4 #h4 ,pay parity for ,federal structural firefighters4,sec4 #i4 ,pay adjustments and other matters4,sec4 #aj4 ,wildland ,fire ,management ,casualty ,assistance ,program4,sec4 #aa4 ,continuing accrual of service for firefighters4 #b4 ,special base rates of pay for wildland firefighters 7a7 ,in general ,subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 is amended by inserting after section #eccb the following3 #eccb;a4 ,special base rates of pay for wildland firefighters 7a7 ,definitions ,in this section-- 7#a7 the term firefighter means an employee who-- 7,a7 is a firefighter within the meaning of section #hcca7ba7 or section #hdja7ad72 7,b7 in the case of an employee who holds a supervisory or administrative position and is subject to subchapter ,,iii of chapter #hc1 but who does not qualify to be considered a firefighter within the meaning of section #hcca7ba71 would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section2 7,c7 in the case of an employee who holds a supervisory or administrative position and is subject to chapter #hd1 but who does not qualify to be considered a firefighter within the meaning of section #hdja7ad71 would otherwise qualify if the employee had transferred directly to that position after performing duties described in section #hdja7ad77;,a7 for at least #c years2 or 7,d7 in the case of an employee who is not subject to subchapter ,,iii of chapter #hc or chapter #hd1 holds a position that the ,office of ,personnel ,management determines would satisfy subparagraph 7,a71 7,b71 or 7,c7 if the employee were subject to subchapter ,,iii of chapter #hc or chapter #hd2 7#b7 the term ,general ,schedule base rate means an annual rate of basic pay established under section #eccb before any additions1 such as a locality-based comparability payment under section #ecjd or #ecjd;a or a special rate supplement under section #ecje2 7#c7 the term special base rate means an annual rate of basic pay payable to a wildland firefighter1 before any additions or reductions1 that replaces the ,general ,schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a ,general ,schedule base rate2 and 7#d7 the term wildland firefighter has the meaning given the term ,federal wildland firefighter in section #a7;b7 of the ,tim ,hart ,wildland ,firefighter ,classification and ,pay ,parity ,act4 7b7 ,special base rates of pay 7#a7 ,entitlement to special rate ,notwithstanding section #eccb1 a wildland firefighter is entitled to a special base rate at grades #a through #ae1 which shall-- 7,a7 replace the otherwise applicable ,general ,schedule base rate for the wildland firefighter2 7,b7 be basic pay for all purposes1 including the purpose of computing a locality-based comparability payment under section #ecjd or #ecjd;a2 and 7,c7 be computed as described in paragraph 7#b7 and adjusted at the time of adjustments in the ,general ,schedule4 7#b7 ,computation 7,a7 ,in general ,the special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable ,general ,schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar3 7i7 ,for ,,gs-#a1 #db percent4 7ii7 ,for ,,gs-#b1 #ci percent4 7iii7 ,for ,,gs-#c1 #cf percent4 7iv7 ,for ,,gs-#d1 #cc percent4 7v7 ,for ,,gs-#e1 #cj percent4 7vi7 ,for ,,gs-#f1 #bg percent4 7vii7 ,for ,,gs-#g1 #bd percent4 7viii7 ,for ,,gs-#h1 #ba percent4 7ix7 ,for ,,gs-#i1 #ah percent4 7x7 ,for ,,gs-#aj1 #ae percent4 7xi7 ,for ,,gs-#aa1 #ab percent4 7xii7 ,for ,,gs-#ab1 #i percent4 7xiii7 ,for ,,gs-#ac1 #f percent4 7xiv7 ,for ,,gs-#ad1 #c percent4 7xv7 ,for ,,gs-#ae1 #a4e percent4 7,b7 ,hourly1 daily1 weekly1 or biweekly rates ,when the special base rate with respect to a wildland firefighter is expressed as an hourly1 daily1 weekly1 or biweekly rate1 the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph 7,a7 in accordance with the rules under section #eejd7;b74 4 7b7 ,clerical amendment ,the table of sections for subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #eccb the following3 #eccb;a4 ,special base rates of pay for wildland firefighters4 4 7c7 ,prevailing rate employees ,section #ecdc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 7#a7 ,for a prevailing rate employee described in section #ecdb7;a77#b77;,a7 who is a wildland firefighter1 as defined in section #eccb;a7a71 the ,secretary of ,agriculture or the ,secretary of the ,interior 7as applicable7 shall increase the wage rates of that employee by an amount 7determined at the sole and exclusive discretion of the applicable ,secretary after consultation with the other ,secretary7 that is generally consistent with the percentage increases given to wildland firefighters in the ,general ,schedule under section #eccb;a4 7#b7 ,an increased wage rate under paragraph 7#a7 shall be basic pay for the same purposes as the wage rate otherwise established under this section4 7#c7 ,an increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level ,,iv of the ,executive ,schedule4 4 7d7 ,effective date ,the amendments made by this section shall take effect on the first day of the first applicable pay period beginning after the last day of the last pay period for which ,federal wildland firefighter temporary salary increases were in effect1 as originally authorized under section #djhjc7;d77#d77;,b7 of the ,infrastructure ,investment and ,jobs ,act 7#af ,u4,s4,c4 #feib7;d77#d77;,b77 and as extended under the ,consolidated ,appropriations ,act1 #bjbd 7,public ,law #aah-db2 #ach ,stat4 #be71 the ,continuing ,appropriations ,act1 #bjbe 7division ,a of ,public ,law #aah-hc2 #ach ,stat4 #aebd71 and the ,further ,continuing ,appropriations ,act1 #bjbe 7division ,a of ,public ,law #aah-aeh74 #c4 ,wildland fire incident response premium pay 7a7 ,in general ,subchapter ,v of chapter #ee of title #e1 ,united ,states ,code1 is amended by inserting after section #eede;b the following3 #eede;c4 ,incident response premium pay for employees engaged in wildland firefighting 7a7 ,definitions ,in this section-- 7#a7 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,c7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 7,d7 the ,committee on ,appropriations of the ,senate2 7,e7 the ,committee on ,oversight and ,accountability of the ,house of ,representatives2 7,f7 the ,committee on ,agriculture of the ,house of ,representatives2 7,g7 the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,h7 the ,committee on ,appropriations of the ,house of ,representatives2 7#b7 the term covered employee means an employee of the ,forest ,service or the ,department of the ,interior who is-- 7,a7 a wildland firefighter1 as defined in section #eccb;a7a72 or 7,b7 certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident2 7#c7 the term incident response premium pay means pay to which a covered employee is entitled under subsection 7c72 7#d7 the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws1 policies1 and regulations to meet specific objectives2 7#e7 the term qualifying incident-- 7,a7 means-- 7i7 a wildfire incident1 a prescribed fire incident1 or a severity incident2 or 7ii7 an incident that the ,secretary of ,agriculture or the ,secretary of the ,interior determines is similar in nature to an incident described in clause 7i72 and 7,b7 does not include an initial response 7including an initial attack fire7 in which a wildfire is contained within #cf hours2 and 7#f7 the term severity incident means an incident in which a covered employee is pre-positioned in an area in which conditions indicate there is a high risk of wildfires4 7b7 ,eligibility ,a covered employee is eligible for incident response premium pay under this section if-- 7#a7 the covered employee is deployed to respond to a qualifying incident2 and 7#b7 the deployment described in paragraph 7#a7 is-- 7,a7 outside of the official duty station of the covered employee2 or 7,b7 within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location4 7c7 ,entitlement to incident response premium pay 7#a7 ,in general ,a covered employee who satisfies the conditions under subsection 7b7 is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident4 7#b7 ,computation 7,a7 ,formula ,subject to subparagraphs 7,b7 and 7,c71 premium pay under paragraph 7#a7 shall be paid to a covered employee at a daily rate of #dej percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection 7b71 rounded to the nearest whole cent4 7,b7 ,limitation ,premium pay under this subsection-- 7i7 with respect to a covered employee for whom the annual rate of basic pay is greater than that for step #aj of ,,gs-#aj1 shall be paid at the daily rate established under subparagraph 7,a7 for the applicable rate for step #aj of ,,gs-#aj 7where the applicable rate is the rate in effect in the same locality that is the basis for a locality-based comparability payment payable to the covered employee under section #ecjd72 and 7ii7 may not be paid to a covered employee in a total amount that exceeds #i1jjj in any calendar year4 7,c7 ,adjustments 7i7 ,assessment ,the ,secretary of ,agriculture and the ,secretary of the ,interior shall assess the difference between the average total amount of compensation that was paid to covered employees1 by grade1 in fiscal years #bjbc and #bjbd4 7ii7 ,report ,not later than #ahj days after the date that is #a year after the effective date of this section1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall jointly publish a report on the results of the assessment conducted under clause 7i74 7iii7 ,administrative actions ,after publishing the report required under clause 7ii71 the ,secretary of ,agriculture and the ,secretary of the ,interior1 in consultation with the ,director of the ,office of ,personnel ,management1 may1 in the sole and exclusive discretion of the ,secretaries acting jointly1 administratively adjust the amount of premium pay paid under this subsection 7or take other administrative action7 to ensure that the average annual amount of total compensation paid to covered employees1 by grade1 is more consistent with such amount that was paid to those employees in fiscal year #bjbc4 7iv7 ,congressional notification ,not later than #c days after an adjustment made1 or other administrative action taken1 under clause 7iii7 becomes final1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall jointly submit to the appropriate committees of ,congress a notification regarding that adjustment or other administrative action1 as applicable4 7d7 ,treatment of incident response premium pay ,incident response premium pay under this section-- 7#a7 is not considered part of the basic pay of a covered employee for any purpose2 7#b7 may not be considered in determining the lump-sum payment of a covered employee for accumulated and accrued annual leave under section #eeea or section #eeeb2 7#c7 may not be used in determining pay under section #haad2 7#d7 may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable2 and 7#e7 shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 4 7b7 ,additional premium pay amendments ,subchapter ,v of chapter #ee of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #eedd-- 7,a7 by amending the section heading to read as follows3 ,wage-board overtime1 ,sunday rates1 and other premium pay2 and 7,b7 by adding at the end the following3 7d7 ,a prevailing rate employee described in section #ecdb7;a77#b77;,a7 shall receive incident response premium pay under the same terms and conditions that apply to a covered employee under section #eede;c if that employee-- 7#a7 is employed by the ,forest ,service or the ,department of the ,interior2 and 7#b7 7,a7 is a wildland firefighter1 as defined in section #eccb;a7a72 or 7,b7 is certified by the applicable agency to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident 7as defined in section #eede;c7a774 2 and 7#b7 in section #eedg7;a71 in the matter preceding paragraph 7#a71 by inserting #eede;c1 after #eede;a14 7c7 ,clerical amendments ,the table of sections for subchapter ,v of chapter #ee of title #e1 ,united ,states ,code1 is amended-- 7#a7 by amending the item relating to section #eedd to read as follows3 #eedd4 ,wage-board overtime1 ,sunday rates1 and other premium pay4 2 and 7#b7 by inserting after the item relating to section #eede;b the following3 #eede;c4 ,incident response premium pay for employees engaged in wildland firefighting4 4 7d7 ,effective date ,the amendments made by this section shall take effect on the first day of the first applicable pay period beginning after the last day of the last pay period for which ,federal wildland firefighter temporary salary increases were in effect1 as originally authorized under section #djhjc7;d77#d77;,b7 of the ,infrastructure ,investment and ,jobs ,act 7#af ,u4,s4,c4 #feib7;d77#d77;,b77 and as extended under the ,consolidated ,appropriations ,act1 #bjbd 7,public ,law #aah-db2 #ach ,stat4 #be71 the ,continuing ,appropriations ,act1 #bjbe 7division ,a of ,public ,law #aah-hc2 #ach ,stat4 #aebd71 and the ,further ,continuing ,appropriations ,act1 #bjbe 7division ,a of ,public ,law #aah-aeh74 #d4 ,special limitations on pay for wildland firefighters 7a7 ,in general ,subchapter ,v of chapter #ee of title #e1 ,united ,states ,code1 is amended-- 7#a7 by inserting after section #eedg the following3 #eedg;a4 ,special limitations on premium pay for employees engaged in wildland firefighting 7a7 ,definitions ,in this section-- 7#a7 the term covered employee means an employee of the ,forest ,service or the ,department of the ,interior who-- 7,a7 qualifies as a wildland firefighter based on the definitions of firefighter and wildland firefighter in section #eccb;a7a72 or 7,b7 is certified by the applicable agency to perform wildland fire incident related duties during the period the employee is assigned to a qualifying incident2 7#b7 the term covered services means services performed by an employee that are determined by the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 to primarily involve emergency wildfire suppression activities1 including any period of duty when the employee is sleeping or resting during an extended period of deployment to engage in those activities2 7#c7 the term emergency wildland fire suppression activities-- 7,a7 means initial-response and extended-response activities that directly relate to suppression of a wildfire2 7,b7 includes activities associated with a severity incident1 as defined in section #eede;c7a72 and 7,c7 does not include activities associated with a prescribed fire incident1 as defined in section #eede;c7a72 and 7#d7 the term premium pay means the premium pay paid under the provisions of law cited in section #eedg7;a71 except as otherwise provided in subsection 7h74 7b7 ,relationship to limitation on premium pay ,any premium pay earned by a covered employee for covered services shall be disregarded in calculating the aggregate of the basic pay and premium pay of that covered employee for purposes of applying a limitation under section #eedg4 7c7 ,relationship to limitation on certain payments ,any premium pay of a covered employee that is disregarded under subsection 7b7 shall be disregarded in calculating the aggregate pay of that covered employee for purposes of applying the limitation under section #ecjg4 7d7 ,limitation 7#a7 ,in general ,pay that is disregarded under subsection 7b7 may not be paid to the extent that the pay would cause the aggregate of the basic pay1 premium pay1 and hazard pay under section #eede7;d7 payable in the applicable calendar year to the applicable covered employee to exceed the rate of basic pay payable for a position at level ,,ii of the ,executive ,schedule under section #ecac1 as in effect at the end of that calendar year4 7#b7 ,biweekly limitation ,any premium pay that is subject to a biweekly limitation under section #eedg7;c7 shall be paid first before other premium pay in applying the limitation under paragraph 7#a74 7e7 ,waiver 7#a7 ,in general ,application of the limit in subsection 7d7 or subsection 7h7 to a covered employee may be waived at the sole and exclusive discretion of the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable4 7#b7 ,prescription of criteria ,before authorizing a waiver under paragraph 7#a7 for a covered employee1 the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 after consulting with the other ,secretary1 shall prescribe criteria that will be applied in making a determination to grant a waiver4 7f7 ,lump-,sum payments ,any additional pay resulting from application of this section may not be used in computing a lump-sum payment for accumulated and accrued annual leave under section #eeea or #eeeb4 7g7 ,maintenance of records ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall maintain records that document uses of the authority provided by this section4 7h7 ,certain rate employees 7#a7 ,in general ,for a prevailing rate employee described in section #ecdb7;a77#b77;,a7 who is a covered employee1 premium pay may not be paid to the extent the premium pay would cause the aggregate of the basic pay and premium pay of the employee in the applicable calendar year to exceed the rate of basic pay payable for a position at level ,,ii of the ,executive ,schedule under section #ecac1 as in effect at the end of that calendar year4 7#b7 ,definitions ,for the purposes of this subsection-- 7,a7 the term basic pay means wages1 environmental differential pay1 and night shift differential pay2 and 7,b7 the term premium pay means overtime pay1 ,sunday premium pay1 and holiday premium pay4 2 and 7#b7 in section #eeda7b77xi71 by inserting 1 #eedg;a7h71 after section #eedd4 7b7 ,calendar year #bjbe ,for the purpose of applying section #eedg of title #e1 ,united ,states ,code1 and section #agja of division ,b of the ,extending ,government ,funding and ,delivering ,emergency ,assistance ,act 7#e ,u4,s4,c4 #eedg note7 in calendar year #bjbe1 incident standby premium pay shall be included in premium pay that is subject to the limits established in those sections4 7c7 ,effective dates 7#a7 ,amendments ,the amendments made by subsection 7a7 shall take effect on the first day of the first pay period that has a payment date in ,january #bjbf4 7#b7 ,calendar year #bjbe application ,subsection 7b7 shall take effect on the first day of the first applicable pay period beginning on or after ,october #a1 #bjbe4 7d7 ,clerical amendment ,the table of sections for subchapter ,v of chapter #ee of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #eedg the following3 #eedg;a4 ,special limitations on premium pay for employees engaged in wildland firefighting4 4 #e4 ,rest and recuperation leave for employees engaged in wildland firefighting 7a7 ,in general ,subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after section #fcbi;d the following3 #fcbi;e4 ,rest and recuperation leave for employees engaged in wildland firefighting 7a7 ,definitions ,in this section-- 7#a7 the term applicable ,secretary means the ,secretary of ,agriculture or the ,secretary of the ,interior1 as applicable to a covered employee2 7#b7 the term covered employee means an employee of the ,forest ,service or the ,department of the ,interior who-- 7,a7 qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section #eccb;a7a7 7applying the definition of employee in section #fcja7b7 in lieu of the definition of employee in section #ecca7;a772 or 7,b7 is certified by the applicable ,secretary to perform wildland fire incident related duties during the period the employee is assigned to a qualifying incident2 and 7#c7 the term qualifying incident has the meaning given the term in section #eede;c7a77#e74 7b7 ,rest and recuperation leave ,a covered employee may receive paid rest and recuperation leave following the completion of service under a qualifying incident1 subject to policies established at the sole and exclusive discretion of the applicable ,secretary1 after consulting with the other ,secretary4 7c7 ,use of leave 7#a7 ,in general ,rest and recuperation leave granted under this section-- 7,a7 shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes and shall be paid in the same manner as annual leave2 7,b7 shall be used immediately after a qualifying incident2 and 7,c7 may not be set aside for later use4 7#b7 ,no payment for unused leave ,a covered employee may not receive any payment for unused rest and recuperation leave granted under this section4 7d7 ,intermittent work schedule ,a covered employee with an intermittent work schedule shall-- 7#a7 be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave2 and 7#b7 receive a payment as if the covered employee were entitled to rest and recuperation leave under subsections 7b7 and 7c74 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the first day of the first applicable pay period beginning on or after ,october #a1 #bjbe4 7c7 ,clerical amendment ,the table of sections for subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #fcbi;d the following3 #fcbi;e4 ,rest and recuperation leave for employees engaged in wildland firefighting4 4 #f4 ,health provisions 7a7 ,database2 recommendations ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall-- 7#a7 establish and maintain on a website a publicly accessible1 searchable database1 to be known as the ,federal ,wildland ,firefighter ,cancer and ,cardiovascular ,disease ,database1 to track chronic disease caused by on-the-job environmental exposure over the lifetimes of current and former ,federal wildland firefighters2 7#b7 update the database under paragraph 7#a7 not less frequently than annually2 and 7#c7 develop and adhere to recommendations regarding mitigation strategies to minimize exposure to environmental hazards for ,federal wildland firefighters4 7b7 ,mental health 7#a7 ,establishment of program 7,a7 ,in general ,not later than ,january #a1 #bjbf1 the ,secretaries shall establish and carry out a mental health awareness and support program for ,federal wildland firefighters4 7,b7 ,inclusions ,the program under this paragraph shall include the following3 7i7 ,a mental health awareness campaign4 7ii7 ,a mental health education and training program that includes an onboarding curriculum4 7iii7 ,an extensive peer-to-peer mental health support network for ,federal wildland firefighters and their immediate families4 7iv7 ,expansion of the ,critical ,incident ,stress ,management ,program-- 7,i7 to develop and retain a larger pool of qualified mental health professionals who are familiar with the experiences of the emergency response workforce2 and 7,,ii7 to monitor and track mental health in the ,federal wildland firefighter profession to better-- 7aa7 understand the scope of the issue of mental health2 and 7bb7 provide ongoing assistance and professional long-term care to patients4 7v7 ,establish and carry out a new and distinct mental health support service specific to ,federal wildland firefighters and their immediate families-- 7,i7 with culturally relevant and trauma-informed mental health professionals who are readily available2 and 7,,ii7 not subject to any limit on the number of sessions or services provided4 7#b7 ,mental health leave 7,a7 ,in general ,subject to subparagraph 7,b71 each ,federal wildland firefighter shall be entitled to #g consecutive days of mental health leave1 without loss or reduction in pay1 during a calendar year4 7,b7 ,requirements ,mental health leave provided under subparagraph 7,a7 shall not-- 7i7 accumulate for use in any succeeding calendar year2 or 7ii7 be considered to be annual or vacation leave-- 7,i7 for purposes of section #eeea or #eeeb of title #e1 ,united ,states ,code2 or 7,,ii7 for any other purpose4 7c7 ,coordination ,in carrying out subsections 7a7 and 7b71 the ,secretaries may enter into partnerships or cooperative agreements with other ,federal agencies1 institutions of higher education1 or nonprofit organizations4 7d7 ,,owcp ,the ,office of ,workers' ,compensation ,programs within the ,department of ,labor shall-- 7#a7 recognize post-traumatic stress disorder and psychological stress-related injuries and illnesses correlated to fire protection1 suppression1 and incident support activities2 7#b7 ensure long-term coverage for the duration of the injuries and illnesses described in paragraph 7#a72 and 7#c7 expand the ,special ,claims ,unit to ensure unit staffing levels are sufficient to expedite the claims process and shorten response times to ,federal wildland firefighters and incident support personnel injured or affected on the job in order to alleviate the psychological and financial burdens placed on patients and their families4 #g4 ,retirement for firefighters 7a7 ,deposit service ,notwithstanding any other provision of law1 any service performed by an individual as a ,federal wildland firefighter on or after ,january #a1 #aihi1 for which retirement deductions under chapter #hd of title #e1 ,united ,states ,code1 have not been made shall be creditable under that chapter1 if-- 7#a7 that firefighter submits a written election to the ,director2 and 7#b7 the deposit requirements of section #hdaa7;f7 of that title have been met with respect to that service4 7b7 ,disability annuity ,beginning on the date of enactment of this ,act1 any ,federal wildland firefighter who suffers from a disease described in section #hadc;b7b77#b7 of title #e1 ,united ,states ,code1 due to environmental job-related exposure1 including smoke inhalation1 silicate inhalation1 and firefighting toxic exposure1 shall be considered to be disabled for purposes of section #hdea of that title1 except that such section #hdea shall be applied to any such firefighter by substituting #ab months for #ah months4 7c7 ,including overtime as basic pay ,section #hcca7c7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,h71 by striking and at the end2 7#b7 in subparagraph 7,i71 by inserting and after the semicolon2 7#c7 by inserting after subparagraph 7,i7 the following3 7,j7 with respect to a ,federal wildland firefighter 7as that term is defined in section #a7;b7 of the ,tim ,hart ,wildland ,firefighter ,classification and ,pay ,parity ,act71 overtime pay received on or after the date of enactment of this subparagraph2 2 and 7#d7 in the undesignated matter following subparagraph 7,j7 7as added by paragraph 7#c771 by striking subparagraphs 7,b7 through 7,i7 of this paragraph and inserting subparagraphs 7,b7 through 7,j7 of this paragraph14 7d7 ,separate normal-,cost percentage ,section #hdbc7;a77#a77;,b77i7 of title #e1 ,united ,states ,code1 is amended by inserting after firefighters1 the following3 ,federal wildland firefighters 7as that term is defined in section #a7;b7 of the ,tim ,hart ,wildland ,firefighter ,classification and ,pay ,parity ,act714 #h4 ,pay parity for ,federal structural firefighters 7a7 ,definition ,in this section1 the term ,federal structural firefighter-- 7#a7 has the meaning given the term firefighter in section #hdja of title #e1 ,united ,states ,code2 and 7#b7 does not include a ,federal wildland firefighter4 7b7 ,requirements 7#a7 ,in general ,beginning on the date that is #a year after the date of enactment of this ,act1 any pay1 benefits1 and bonuses provided to any ,federal structural firefighter shall be comparable with the pay1 benefits1 and bonuses provided to ,federal wildland firefighters under this ,act and the amendments made by this ,act4 7#b7 ,report ,not later than #a year after the date on which special base rates of pay are established under section #eccb;a of title #e1 ,united ,states ,code1 as added by section #b of this ,act1 the ,director shall submit to ,congress a report on whether pay for such ,federal structural firefighters is competitive with that for ,federal wildland firefighters4 #i4 ,pay adjustments and other matters 7a7 ,annual adjustments ,notwithstanding any other provision of law1 beginning in the first pay period beginning on or after the date on which special base rates of pay are established under section #eccb;a of title #e1 ,united ,states ,code1 as added by section #b of this ,act1 and annually thereafter1 the basic rate of pay for each ,federal wildland firefighter to which those special base rates of pay apply shall be increased by not less than the percentage equal to the percent change in the ,consumer ,price ,index 7all items--,united ,states city average71 published monthly by the ,bureau of ,labor ,statistics1 for ,december of the preceding year over such ,consumer ,price ,index for the ,december of the year prior to the preceding year1 adjusted to the nearest #a_/aj of #a percent4 7b7 ,compensation comparable to non-,federal firefighters ,not later than #a year after the date on which special base rates of pay are established under section #eccb;a of title #e1 ,united ,states ,code1 as added by section #b of this ,act1 the ,secretaries shall submit to ,congress a report on whether pay1 benefits1 and bonuses provided to ,federal wildland firefighters are comparable to the pay1 benefits1 and bonuses provided for non-,federal firefighters in the ,state or locality where ,federal wildland firefighters are based4 7c7 ,hazardous duty pay 7#a7 ,in general ,each ,federal wildland firefighter carrying out work completed during prescribed fire1 parachuting1 tree climbing over #bj feet1 hazard tree removal1 and other hazardous work1 as identified by the ,secretaries1 shall be entitled to be paid the appropriate differential under section #eede7;d7 of title #e1 ,united ,states ,code1 as if that ,federal wildland firefighter was covered by such section #eede7;d74 7#b7 ,regulations ,the ,director may prescribe regulations to carry out this subsection4 7d7 ,other matters 7#a7 ,recruitment and retention bonus 7,a7 ,in general ,in order to promote the recruitment and retention of ,federal wildland firefighters1 the ,director1 in coordination with the ,secretaries1 shall establish a program under which a recruitment or retention bonus of not less than #a1jjj may be paid to a ,federal wildland firefighter in an amount determined appropriate by the ,director and the ,secretaries4 7,b7 ,minimum amount ,the minimum amount of a bonus described in subparagraph 7,a7 shall be increased each year by the ,consumer ,price ,index in the manner prescribed under subsection 7a74 7,c7 ,timing of payments ,any bonus under this subsection-- 7i7 shall be paid to any primary or secondary ,federal wildland firefighter upon the date that such firefighter successfully completes a work capacity test2 and 7ii7 may not be paid to an individual described in clause 7i7 more than once per calendar year4 7#b7 ,housing allowance 7,a7 ,in general ,the ,secretaries shall provide a housing allowance to any ,federal wildland firefighter deployed to a location more than #ej miles from the primary residence of that ,federal wildland firefighter4 7,b7 ,amount ,an allowance paid under subparagraph 7,a7 shall be in an amount determined appropriate by the ,secretaries and adjusted based on the cost of housing in the area of deployment4 7#c7 ,career transition 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall establish1 and thereafter shall maintain1 coordinate1 and operate1 a voluntary tuition assistance program for ,federal wildland firefighters occupying permanent positions1 which shall encompass a broad range of educational experiences 7either in-person or through distance-learning71 including academic skills development1 vocational programs1 career and technical programs1 and programs leading to the award of undergraduate and graduate degrees4 7,b7 ,amount ,the program under subparagraph 7,a7 shall provide1 not more than once during each calendar year1 a payment of not less than #d1jjj to each ,federal wildland firefighter who elects to participate in the program4 7,c7 ,review ,the ,secretaries shall conduct an annual review of whether the amount provided under subparagraph 7,b7 is adequate1 in consideration of inflation and other effects4 #aj4 ,wildland ,fire ,management ,casualty ,assistance ,program 7a7 ,definitions ,in this section3 7#a7 ,affected firefighter ,the term affected firefighter means any ,federal wildland firefighter or ,federal wildland fire support personnel who-- 7,a7 requires hospitalization or treatment at a medical facility due to a line-of-duty injury or illness2 or 7,b7 is killed in the line of duty4 7#b7 ,affected next-of-kin ,the term affected next-of-kin1 with respect to an affected firefighter1 means an individual related to the affected firefighter1 as determined in accordance with the following descending order of priority3 7,a7 ,a surviving legal spouse4 7,b7 ,a child 7whether by current or prior relationship7 aged #ah years or older1 in descending precedence by age4 7,c7 ,a parent1 unless custody has been vested in another individual by court order1 in which case an adoptive parent shall take precedence over the natural parent from whom custody has been so removed4 7,d7 ,a sibling 7whether whole or half7 aged #ah years or older1 in descending precedence by age4 7,e7 ,a grandparent4 7,f7 ,any other relative1 with precedence to be determined in accordance with the applicable civil law of descent of the ,state of domicile of the affected firefighter at the time of the applicable illness or injury or death4 7#c7 ,casualty assistance officer ,the term casualty assistance officer means an individual employed by the ,department of the ,interior to assist affected firefighters and affected next-of-kin with respect to the injury1 illness1 or death of an affected firefighter1 including by providing advice relating to-- 7,a7 services and benefits available under the ,program to affected firefighters and affected next-of-kin2 and 7,b7 funeral arrangements1 if applicable4 7#d7 ,program ,the term ,program means the ,wildland ,fire ,management ,casualty ,assistance ,program established under subsection 7b74 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program1 to be known as the ,wildland ,fire ,management ,casualty ,assistance ,program1 under which the ,secretary shall provide assistance in accordance with this section to affected firefighters and affected next-of-kin4 7c7 ,inclusions ,the ,program shall include the following3 7#a7 ,the provision to affected next-of-kin of the initial1 and any subsequent1 notification regarding the injury1 illness1 or death of an affected firefighter4 7#b7 ,the reimbursement of affected next-of-kin for expenses associated with travel to visit an affected firefighter4 7#c7 ,the qualifications1 assignment1 training1 duties1 supervision1 and accountability for the performance of casualty assistance officers4 7#d7 ,the relief or transfer of casualty assistance officers1 including1 in any case in which a casualty assistance officer is reassigned to another duty1 the provision of notice of that reassignment to the applicable affected firefighters and affected next-of-kin4 7#e7 ,centralized short-term and long-term case management procedures for casualty assistance officers1 including ensuring rapid access to expert case managers and counselors by-- 7,a7 casualty assistance officers2 and 7,b7 affected firefighters and affected next-of-kin4 7#f7 ,the provision1 through a computer-accessible website and other means and at no cost to affected firefighters and affected next-of-kin1 of personalized1 integrated information relating to the benefits and financial assistance available from the ,federal ,government to affected firefighters and affected next-of-kin4 7#g7 ,the provision to affected firefighters and affected next-of-kin of information relating to mechanisms for registering complaints regarding1 or requests for1 additional casualty assistance4 7#h7 ,coordination among the ,department of the ,interior1 the ,department of ,justice1 and the ,social ,security ,administration to ensure prompt and accurate resolution of issues relating to benefits administered by those agencies for affected firefighters and affected next-of-kin4 7#i7 ,data collection1 in consultation with the ,united ,states ,fire ,administration and the ,national ,institute for ,occupational ,safety and ,health1 regarding the incidence and quality of casualty assistance provided to affected firefighters and affected next-of-kin4 7d7 ,no effect on certain benefits ,the ,program shall not affect any existing authority relating to line-of-duty death benefits for affected firefighters4 #aa4 ,continuing accrual of service for firefighters 7a7 ,federal employees' retirement system ,section #hdja7ad7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#ad7 the term firefighter means-- 7,a7 an employee1 the duties of whose position-- 7i7 are primarily to perform work directly connected with the control and extinguishment of non-wildland fires2 and 7ii7 are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals1 as determined by the ,director considering the recommendations of the employing agency2 7,b7 an employee1 the duties of whose position-- 7i7 are primarily to perform work directly connected with the control and extinguishment of wildland fires2 and 7ii7 are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals1 as determined by the ,director considering the recommendations of the employing agency2 7,c7 an employee who-- 7i7 is transferred directly to a supervisory or administrative position after performing duties described in subparagraph 7,a7 for at least #c years2 and 7ii7 while serving in the supervisory or administrative position described in clause 7i71 has no break in service2 or 7,d7 an employee who-- 7i7 occupies a supervisory or administrative position after performing duties described in subparagraph 7,b7 for at least #c years2 and 7ii7 has not more than #bd months in total time of breaks in service2 4 7b7 ,service before date of enactment 7#a7 ,in general ,subject to the requirements under paragraph 7#b71 service performed before the date of enactment of this ,act by an individual who1 on the date of enactment of this ,act1 is an employee 7as defined in section #hdja7aa7 of title #e1 ,united ,states ,code7 shall1 for the purposes of chapter #hd of title #e1 ,united ,states ,code1 be treated as service performed by a firefighter if-- 7,a7 that service was performed during the period beginning on ,october #a1 #bjjc1 and ending on the day before the date of enactment of this ,act2 7,b7 at the time of performing such service-- 7i7 the individual did not meet the requirements to be a firefighter under section #hdja7ad7 of title #e1 ,united ,states ,code1 because of a break in service2 and 7ii7 would have met the requirements to be a firefighter under section #hdja7ad77;,d7 of title #e1 ,united ,states ,code1 as amended by this ,act2 and 7,c7 appropriate deductions and withholdings under sections #hdbb and #hdbc of title #e1 ,united ,states ,code1 were made during such service4 7#b7 ,credit for service ,to receive credit for eligible service under paragraph 7#a71 the applicable individual shall-- 7,a7 before the date on which the individual separates from service in the agency in which the individual holds a position on the date of enactment of this ,act1 submit a written election to the agency employing the individual2 7,b7 if the individual is not employed by the agency that employed the individual when the service described in paragraph 7#a7 was performed1 submit a written election to such agency2 and 7,c7 remit to the agency that employed the individual when such service was performed the additional amount that would have been deducted during the period of prior service under section #hdbb of title #e1 ,united ,states ,code1 from the pay of the individual if the amendments made by subsection 7a7 had been in effect during the prior service1 plus any applicable interest computed under section #hccd7;e7 of title #e1 ,united ,states ,code4 7#c7 ,government contributions ,if an individual remits payment under paragraph 7#b77;,c7 with respect to service described in paragraph 7#a71 the agency that employed the individual when such service was performed shall remit to the ,office of ,personnel ,management 7for deposit in the ,treasury of the ,united ,states to the credit of the ,civil ,service ,retirement and ,disability ,fund7 the total additional amount of ,federal contributions that would have been paid under section #hdbc of title #e1 ,united ,states ,code1 if the amendments made by subsection 7a7 had been in effect during the prior service1 plus any applicable interest computed in accordance with section #hccd7;e7 of title #e1 ,united ,states ,code4 7#d7 ,notification and assistance requirements ,the ,director shall-- 7,a7 take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this subsection1 or to have any annuity computed under this subsection1 of the entitlement to the credit or computation2 and 7,b7 upon request1 assist any individual described in subparagraph 7,a7 in obtaining such information in the possession of the ,secretary of ,agriculture or the ,secretary of the ,interior1 as applicable1 as may be necessary to verify the entitlement of the individual to have any service credited1 or to have any annuity computed1 pursuant to this subsection4 7#e7 ,rule of construction ,nothing in this section may be construed to permit or require the making of any contribution to the ,thrift ,savings ,fund that would not otherwise have been permitted or required but for the enactment of this section4