S279-119

1. Short title; definitions; table of contents This Act may be cited as the Tim Hart Wildland Firefighter Classification and Pay Parity Act or Tim’s Act. In this Act: The term Director means the Director of the Office of Personnel Management. The term Federal wildland firefighter means any temporary, seasonal, or permanent position at the Department of Agriculture or the Department of the Interior, or any Tribal Firefighter, that maintains group, emergency incident management, or fire qualifications, as established annually by the Standards for Wildland Fire Position Qualifications published by the National Wildfire Coordinating Group, and primarily engages in or supports wildland fire management activities, including forestry and rangeland technicians and positions concerning aviation, engineering heavy equipment operations, dispatch, or fire and fuels management. The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior. The table of contents for this Act is as follows:

2. Special base rates of pay for wildland firefighters Subchapter III of chapter 53 of title 5, United States Code, is amended by inserting after section 5332 the following: In this section— the term firefighter means an employee who— is a firefighter within the meaning of section 8331(21) or section 8401(14); in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, 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 rate; and the term wildland firefighter has the meaning given the term Federal wildland firefighter in section 1(b) of the Tim Hart Wildland Firefighter Classification and Pay Parity Act. Notwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— replace the otherwise applicable General Schedule base rate for the wildland firefighter; be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. 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 dollar: For GS–1, 42 percent. For GS–2, 39 percent. For GS–3, 36 percent. For GS–4, 33 percent. For GS–5, 30 percent. For GS–6, 27 percent. For GS–7, 24 percent. For GS–8, 21 percent. For GS–9, 18 percent. For GS–10, 15 percent. For GS–11, 12 percent. For GS–12, 9 percent. For GS–13, 6 percent. For GS–14, 3 percent. For GS–15, 1.5 percent. When the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b). The table of sections for subchapter III of chapter 53 of title 5, United States Code, is amended by inserting after the item relating to section 5332 the following: Section 5343 of title 5, United States Code, is amended by adding at the end the following: For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a. An increased wage rate under paragraph (1) shall be basic pay for the same purposes as the wage rate otherwise established under this section. 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 Schedule. 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 effect, as originally authorized under section 40803(d)(4)(B) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(d)(4)(B)) and as extended under the Consolidated Appropriations Act, 2024 (Public Law 118–42; 138 Stat. 25), the Continuing Appropriations Act, 2025 (division A of Public Law 118–83; 138 Stat. 1524), and the Further Continuing Appropriations Act, 2025 (division A of Public Law 118–158). 5332a.Special base rates of pay for wildland firefighters(a)DefinitionsIn this section—(1)the term firefighter means an employee who—(A)is a firefighter within the meaning of section 8331(21) or section 8401(14);(B)in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section;(C)in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or(D)in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2)the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305;(3)the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, 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 rate; and(4)the term wildland firefighter has the meaning given the term Federal wildland firefighter in section 1(b) of the Tim Hart Wildland Firefighter Classification and Pay Parity Act. (b)Special base rates of pay(1)Entitlement to special rateNotwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A)replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B)be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C)be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2)Computation(A)In generalThe 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 dollar:(i)For GS–1, 42 percent. (ii)For GS–2, 39 percent. (iii)For GS–3, 36 percent. (iv)For GS–4, 33 percent.(v)For GS–5, 30 percent.(vi)For GS–6, 27 percent.(vii)For GS–7, 24 percent.(viii)For GS–8, 21 percent.(ix)For GS–9, 18 percent.(x)For GS–10, 15 percent.(xi)For GS–11, 12 percent.(xii)For GS–12, 9 percent.(xiii)For GS–13, 6 percent.(xiv)For GS–14, 3 percent.(xv)For GS–15, 1.5 percent.(B)Hourly, daily, weekly, or biweekly ratesWhen the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b).. 5332a. Special base rates of pay for wildland firefighters.. (g)(1)For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a. (2)An increased wage rate under paragraph (1) shall be basic pay for the same purposes as the wage rate otherwise established under this section. (3)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 Schedule..

5332a. Special base rates of pay for wildland firefighters In this section— the term firefighter means an employee who— is a firefighter within the meaning of section 8331(21) or section 8401(14); in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; the term General Schedule base rate means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305; the term special base rate means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, 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 rate; and the term wildland firefighter has the meaning given the term Federal wildland firefighter in section 1(b) of the Tim Hart Wildland Firefighter Classification and Pay Parity Act. Notwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— replace the otherwise applicable General Schedule base rate for the wildland firefighter; be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. 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 dollar: For GS–1, 42 percent. For GS–2, 39 percent. For GS–3, 36 percent. For GS–4, 33 percent. For GS–5, 30 percent. For GS–6, 27 percent. For GS–7, 24 percent. For GS–8, 21 percent. For GS–9, 18 percent. For GS–10, 15 percent. For GS–11, 12 percent. For GS–12, 9 percent. For GS–13, 6 percent. For GS–14, 3 percent. For GS–15, 1.5 percent. When the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b).

3. Wildland fire incident response premium pay Subchapter V of chapter 55 of title 5, United States Code, is amended by inserting after section 5545b the following: In this section— the term appropriate committees of Congress means— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Energy and Natural Resources of the Senate; the Committee on Agriculture, Nutrition, and Forestry of the Senate; the Committee on Appropriations of the Senate; the Committee on Oversight and Accountability of the House of Representatives; the Committee on Agriculture of the House of Representatives; the Committee on Natural Resources of the House of Representatives; and the Committee on Appropriations of the House of Representatives; the term covered employee means an employee of the Forest Service or the Department of the Interior who is— a wildland firefighter, as defined in section 5332a(a); or certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; the term incident response premium pay means pay to which a covered employee is entitled under subsection (c); the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives; the term qualifying incident— means— a wildfire incident, a prescribed fire incident, or a severity incident; or an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and does not include an initial response (including an initial attack fire) in which a wildfire is contained within 36 hours; and 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 wildfires. A covered employee is eligible for incident response premium pay under this section if— the covered employee is deployed to respond to a qualifying incident; and the deployment described in paragraph (1) is— outside of the official duty station of the covered employee; or 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 location. A covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. Subject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. Premium pay under this subsection— with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, shall be paid at the daily rate established under subparagraph (A) for the applicable rate for step 10 of GS–10 (where 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 5304); and may not be paid to a covered employee in a total amount that exceeds $9,000 in any calendar year. 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 employees, by grade, in fiscal years 2023 and 2024. Not later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). After publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. Not later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, 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 action, as applicable. Incident response premium pay under this section— is not considered part of the basic pay of a covered employee for any purpose; may not be considered in determining the lump-sum payment of a covered employee for accumulated and accrued annual leave under section 5551 or section 5552; may not be used in determining pay under section 8114; may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and 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 1938 (29 U.S.C. 201 et seq.). Subchapter V of chapter 55 of title 5, United States Code, is amended— in section 5544— by amending the section heading to read as follows: Wage-board overtime, Sunday rates, and other premium pay; and by adding at the end the following: A prevailing rate employee described in section 5342(a)(2)(A) shall receive incident response premium pay under the same terms and conditions that apply to a covered employee under section 5545c if that employee— is employed by the Forest Service or the Department of the Interior; and is a wildland firefighter, as defined in section 5332a(a); or 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 (as defined in section 5545c(a)). in section 5547(a), in the matter preceding paragraph (1), by inserting 5545c, after 5545a,. The table of sections for subchapter V of chapter 55 of title 5, United States Code, is amended— by amending the item relating to section 5544 to read as follows: by inserting after the item relating to section 5545b the following: 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 effect, as originally authorized under section 40803(d)(4)(B) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(d)(4)(B)) and as extended under the Consolidated Appropriations Act, 2024 (Public Law 118–42; 138 Stat. 25), the Continuing Appropriations Act, 2025 (division A of Public Law 118–83; 138 Stat. 1524), and the Further Continuing Appropriations Act, 2025 (division A of Public Law 118–158). 5545c.Incident response premium pay for employees engaged in wildland firefighting(a)DefinitionsIn this section—(1)the term appropriate committees of Congress means—(A)the Committee on Homeland Security and Governmental Affairs of the Senate;(B)the Committee on Energy and Natural Resources of the Senate;(C)the Committee on Agriculture, Nutrition, and Forestry of the Senate;(D)the Committee on Appropriations of the Senate;(E)the Committee on Oversight and Accountability of the House of Representatives;(F)the Committee on Agriculture of the House of Representatives;(G)the Committee on Natural Resources of the House of Representatives; and(H)the Committee on Appropriations of the House of Representatives;(2)the term covered employee means an employee of the Forest Service or the Department of the Interior who is—(A)a wildland firefighter, as defined in section 5332a(a); or(B)certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident;(3)the term incident response premium pay means pay to which a covered employee is entitled under subsection (c);(4)the term prescribed fire incident means a wildland fire originating from a planned ignition in accordance with applicable laws, policies, and regulations to meet specific objectives;(5)the term qualifying incident— (A)means— (i)a wildfire incident, a prescribed fire incident, or a severity incident; or(ii)an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and(B)does not include an initial response (including an initial attack fire) in which a wildfire is contained within 36 hours; and(6)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 wildfires.(b)EligibilityA covered employee is eligible for incident response premium pay under this section if— (1)the covered employee is deployed to respond to a qualifying incident; and(2)the deployment described in paragraph (1) is—(A)outside of the official duty station of the covered employee; or(B)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 location.(c)Entitlement to incident response premium pay(1)In generalA covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2)Computation(A)FormulaSubject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B)LimitationPremium pay under this subsection—(i)with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, shall be paid at the daily rate established under subparagraph (A) for the applicable rate for step 10 of GS–10 (where 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 5304); and(ii)may not be paid to a covered employee in a total amount that exceeds $9,000 in any calendar year.(C)Adjustments(i)AssessmentThe 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 employees, by grade, in fiscal years 2023 and 2024.(ii)ReportNot later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i).(iii)Administrative actionsAfter publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023.(iv)Congressional notificationNot later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, 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 action, as applicable.(d)Treatment of incident response premium payIncident response premium pay under this section—(1)is not considered part of the basic pay of a covered employee for any purpose;(2)may not be considered in determining the lump-sum payment of a covered employee for accumulated and accrued annual leave under section 5551 or section 5552;(3)may not be used in determining pay under section 8114;(4)may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and(5)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 1938 (29 U.S.C. 201 et seq.).. (d)A prevailing rate employee described in section 5342(a)(2)(A) shall receive incident response premium pay under the same terms and conditions that apply to a covered employee under section 5545c if that employee— (1)is employed by the Forest Service or the Department of the Interior; and(2)(A)is a wildland firefighter, as defined in section 5332a(a); or(B)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 (as defined in section 5545c(a)).; and 5544. Wage-board overtime, Sunday rates, and other premium pay.; 5545c. Incident response premium pay for employees engaged in wildland firefighting..

4. Special limitations on pay for wildland firefighters Subchapter V of chapter 55 of title 5, United States Code, is amended— by inserting after section 5547 the following: In this section— the term covered employee means an employee of the Forest Service or the Department of the Interior who— qualifies as a wildland firefighter based on the definitions of firefighter and wildland firefighter in section 5332a(a); or is certified by the applicable agency to perform wildland fire incident related duties during the period the employee is assigned to a qualifying incident; the term covered services means services performed by an employee that are determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, to primarily involve emergency wildfire suppression activities, including any period of duty when the employee is sleeping or resting during an extended period of deployment to engage in those activities; the term emergency wildland fire suppression activities— means initial-response and extended-response activities that directly relate to suppression of a wildfire; includes activities associated with a severity incident, as defined in section 5545c(a); and does not include activities associated with a prescribed fire incident, as defined in section 5545c(a); and the term premium pay means the premium pay paid under the provisions of law cited in section 5547(a), except as otherwise provided in subsection (h). 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 5547. Any premium pay of a covered employee that is disregarded under subsection (b) shall be disregarded in calculating the aggregate pay of that covered employee for purposes of applying the limitation under section 5307. Pay that is disregarded under subsection (b) may not be paid to the extent that the pay would cause the aggregate of the basic pay, premium pay, and hazard pay under section 5545(d) 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 5313, as in effect at the end of that calendar year. Any premium pay that is subject to a biweekly limitation under section 5547(c) shall be paid first before other premium pay in applying the limitation under paragraph (1). Application of the limit in subsection (d) or subsection (h) to a covered employee may be waived at the sole and exclusive discretion of the Secretary of the Interior or the Secretary of Agriculture, as applicable. Before authorizing a waiver under paragraph (1) for a covered employee, the Secretary of the Interior or the Secretary of Agriculture, as applicable, after consulting with the other Secretary, shall prescribe criteria that will be applied in making a determination to grant a waiver. 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 5551 or 5552. The Secretary of the Interior and the Secretary of Agriculture shall maintain records that document uses of the authority provided by this section. For a prevailing rate employee described in section 5342(a)(2)(A) who is a covered employee, 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 5313, as in effect at the end of that calendar year. For the purposes of this subsection— the term basic pay means wages, environmental differential pay, and night shift differential pay; and the term premium pay means overtime pay, Sunday premium pay, and holiday premium pay. in section 5541(2)(xi), by inserting , 5547a(h), after section 5544. For the purpose of applying section 5547 of title 5, United States Code, and section 1701 of division B of the Extending Government Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note) in calendar year 2025, incident standby premium pay shall be included in premium pay that is subject to the limits established in those sections. The amendments made by subsection (a) shall take effect on the first day of the first pay period that has a payment date in January 2026. Subsection (b) shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2025. The table of sections for subchapter V of chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5547 the following: 5547a.Special limitations on premium pay for employees engaged in wildland firefighting(a)DefinitionsIn this section—(1)the term covered employee means an employee of the Forest Service or the Department of the Interior who—(A)qualifies as a wildland firefighter based on the definitions of firefighter and wildland firefighter in section 5332a(a); or(B)is certified by the applicable agency to perform wildland fire incident related duties during the period the employee is assigned to a qualifying incident;(2)the term covered services means services performed by an employee that are determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, to primarily involve emergency wildfire suppression activities, including any period of duty when the employee is sleeping or resting during an extended period of deployment to engage in those activities;(3)the term emergency wildland fire suppression activities—(A)means initial-response and extended-response activities that directly relate to suppression of a wildfire; (B)includes activities associated with a severity incident, as defined in section 5545c(a); and (C)does not include activities associated with a prescribed fire incident, as defined in section 5545c(a); and(4)the term premium pay means the premium pay paid under the provisions of law cited in section 5547(a), except as otherwise provided in subsection (h).(b)Relationship to limitation on premium payAny 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 5547.(c)Relationship to limitation on certain paymentsAny premium pay of a covered employee that is disregarded under subsection (b) shall be disregarded in calculating the aggregate pay of that covered employee for purposes of applying the limitation under section 5307.(d)Limitation(1)In generalPay that is disregarded under subsection (b) may not be paid to the extent that the pay would cause the aggregate of the basic pay, premium pay, and hazard pay under section 5545(d) 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 5313, as in effect at the end of that calendar year. (2)Biweekly limitationAny premium pay that is subject to a biweekly limitation under section 5547(c) shall be paid first before other premium pay in applying the limitation under paragraph (1).(e)Waiver(1)In generalApplication of the limit in subsection (d) or subsection (h) to a covered employee may be waived at the sole and exclusive discretion of the Secretary of the Interior or the Secretary of Agriculture, as applicable. (2)Prescription of criteriaBefore authorizing a waiver under paragraph (1) for a covered employee, the Secretary of the Interior or the Secretary of Agriculture, as applicable, after consulting with the other Secretary, shall prescribe criteria that will be applied in making a determination to grant a waiver.(f)Lump-Sum paymentsAny 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 5551 or 5552.(g)Maintenance of recordsThe Secretary of the Interior and the Secretary of Agriculture shall maintain records that document uses of the authority provided by this section.(h)Certain rate employees(1)In generalFor a prevailing rate employee described in section 5342(a)(2)(A) who is a covered employee, 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 5313, as in effect at the end of that calendar year.(2)DefinitionsFor the purposes of this subsection— (A)the term basic pay means wages, environmental differential pay, and night shift differential pay; and (B)the term premium pay means overtime pay, Sunday premium pay, and holiday premium pay.; and 5547a. Special limitations on premium pay for employees engaged in wildland firefighting..

5547a. Special limitations on premium pay for employees engaged in wildland firefighting In this section— the term covered employee means an employee of the Forest Service or the Department of the Interior who— qualifies as a wildland firefighter based on the definitions of firefighter and wildland firefighter in section 5332a(a); or is certified by the applicable agency to perform wildland fire incident related duties during the period the employee is assigned to a qualifying incident; the term covered services means services performed by an employee that are determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, to primarily involve emergency wildfire suppression activities, including any period of duty when the employee is sleeping or resting during an extended period of deployment to engage in those activities; the term emergency wildland fire suppression activities— means initial-response and extended-response activities that directly relate to suppression of a wildfire; includes activities associated with a severity incident, as defined in section 5545c(a); and does not include activities associated with a prescribed fire incident, as defined in section 5545c(a); and the term premium pay means the premium pay paid under the provisions of law cited in section 5547(a), except as otherwise provided in subsection (h). 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 5547. Any premium pay of a covered employee that is disregarded under subsection (b) shall be disregarded in calculating the aggregate pay of that covered employee for purposes of applying the limitation under section 5307. Pay that is disregarded under subsection (b) may not be paid to the extent that the pay would cause the aggregate of the basic pay, premium pay, and hazard pay under section 5545(d) 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 5313, as in effect at the end of that calendar year. Any premium pay that is subject to a biweekly limitation under section 5547(c) shall be paid first before other premium pay in applying the limitation under paragraph (1). Application of the limit in subsection (d) or subsection (h) to a covered employee may be waived at the sole and exclusive discretion of the Secretary of the Interior or the Secretary of Agriculture, as applicable. Before authorizing a waiver under paragraph (1) for a covered employee, the Secretary of the Interior or the Secretary of Agriculture, as applicable, after consulting with the other Secretary, shall prescribe criteria that will be applied in making a determination to grant a waiver. 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 5551 or 5552. The Secretary of the Interior and the Secretary of Agriculture shall maintain records that document uses of the authority provided by this section. For a prevailing rate employee described in section 5342(a)(2)(A) who is a covered employee, 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 5313, as in effect at the end of that calendar year. For the purposes of this subsection— the term basic pay means wages, environmental differential pay, and night shift differential pay; and the term premium pay means overtime pay, Sunday premium pay, and holiday premium pay.

5. Rest and recuperation leave for employees engaged in wildland firefighting Subchapter II of chapter 63 of title 5, United States Code, is amended by inserting after section 6329d the following: In this section— the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; the term covered employee means an employee of the Forest Service or the Department of the Interior who— qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or is certified by the applicable Secretary to perform wildland fire incident related duties during the period the employee is assigned to a qualifying incident; and the term qualifying incident has the meaning given the term in section 5545c(a)(5). A covered employee may receive paid rest and recuperation leave following the completion of service under a qualifying incident, subject to policies established at the sole and exclusive discretion of the applicable Secretary, after consulting with the other Secretary. Rest and recuperation leave granted under this section— 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 leave; shall be used immediately after a qualifying incident; and may not be set aside for later use. A covered employee may not receive any payment for unused rest and recuperation leave granted under this section. A covered employee with an intermittent work schedule shall— be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and receive a payment as if the covered employee were entitled to rest and recuperation leave under subsections (b) and (c). The amendments made by subsection (a) shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2025. The table of sections for subchapter II of chapter 63 of title 5, United States Code, is amended by inserting after the item relating to section 6329d the following: 6329e.Rest and recuperation leave for employees engaged in wildland firefighting(a)DefinitionsIn this section—(1)the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee;(2)the term covered employee means an employee of the Forest Service or the Department of the Interior who—(A)qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or(B)is certified by the applicable Secretary to perform wildland fire incident related duties during the period the employee is assigned to a qualifying incident; and(3)the term qualifying incident has the meaning given the term in section 5545c(a)(5).(b)Rest and recuperation leaveA covered employee may receive paid rest and recuperation leave following the completion of service under a qualifying incident, subject to policies established at the sole and exclusive discretion of the applicable Secretary, after consulting with the other Secretary.(c)Use of leave(1)In generalRest and recuperation leave granted under this section— (A)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 leave; (B)shall be used immediately after a qualifying incident; and (C)may not be set aside for later use. (2)No payment for unused leaveA covered employee may not receive any payment for unused rest and recuperation leave granted under this section.(d)Intermittent work scheduleA covered employee with an intermittent work schedule shall— (1)be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2)receive a payment as if the covered employee were entitled to rest and recuperation leave under subsections (b) and (c).. 6329e. Rest and recuperation leave for employees engaged in wildland firefighting..

6329e. Rest and recuperation leave for employees engaged in wildland firefighting In this section— the term applicable Secretary means the Secretary of Agriculture or the Secretary of the Interior, as applicable to a covered employee; the term covered employee means an employee of the Forest Service or the Department of the Interior who— qualifies as a wildland firefighter based on the definitions of the terms firefighter and wildland firefighter in section 5332a(a) (applying the definition of employee in section 6301(2) in lieu of the definition of employee in section 5331(a)); or is certified by the applicable Secretary to perform wildland fire incident related duties during the period the employee is assigned to a qualifying incident; and the term qualifying incident has the meaning given the term in section 5545c(a)(5). A covered employee may receive paid rest and recuperation leave following the completion of service under a qualifying incident, subject to policies established at the sole and exclusive discretion of the applicable Secretary, after consulting with the other Secretary. Rest and recuperation leave granted under this section— 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 leave; shall be used immediately after a qualifying incident; and may not be set aside for later use. A covered employee may not receive any payment for unused rest and recuperation leave granted under this section. A covered employee with an intermittent work schedule shall— be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and receive a payment as if the covered employee were entitled to rest and recuperation leave under subsections (b) and (c).

6. Health provisions Not later than 1 year after the date of enactment of this Act, the Secretaries shall— establish and maintain on a website a publicly accessible, searchable database, to be known as the Federal Wildland Firefighter Cancer and Cardiovascular Disease Database, to track chronic disease caused by on-the-job environmental exposure over the lifetimes of current and former Federal wildland firefighters; update the database under paragraph (1) not less frequently than annually; and develop and adhere to recommendations regarding mitigation strategies to minimize exposure to environmental hazards for Federal wildland firefighters. Not later than January 1, 2026, the Secretaries shall establish and carry out a mental health awareness and support program for Federal wildland firefighters. The program under this paragraph shall include the following: A mental health awareness campaign. A mental health education and training program that includes an onboarding curriculum. An extensive peer-to-peer mental health support network for Federal wildland firefighters and their immediate families. Expansion of the Critical Incident Stress Management Program— to develop and retain a larger pool of qualified mental health professionals who are familiar with the experiences of the emergency response workforce; and to monitor and track mental health in the Federal wildland firefighter profession to better— understand the scope of the issue of mental health; and provide ongoing assistance and professional long-term care to patients. Establish and carry out a new and distinct mental health support service specific to Federal wildland firefighters and their immediate families— with culturally relevant and trauma-informed mental health professionals who are readily available; and not subject to any limit on the number of sessions or services provided. Subject to subparagraph (B), each Federal wildland firefighter shall be entitled to 7 consecutive days of mental health leave, without loss or reduction in pay, during a calendar year. Mental health leave provided under subparagraph (A) shall not— accumulate for use in any succeeding calendar year; or be considered to be annual or vacation leave— for purposes of section 5551 or 5552 of title 5, United States Code; or for any other purpose. In carrying out subsections (a) and (b), the Secretaries may enter into partnerships or cooperative agreements with other Federal agencies, institutions of higher education, or nonprofit organizations. The Office of Workers’ Compensation Programs within the Department of Labor shall— recognize post-traumatic stress disorder and psychological stress-related injuries and illnesses correlated to fire protection, suppression, and incident support activities; ensure long-term coverage for the duration of the injuries and illnesses described in paragraph (1); and 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 families.

7. Retirement for firefighters Notwithstanding any other provision of law, any service performed by an individual as a Federal wildland firefighter on or after January 1, 1989, for which retirement deductions under chapter 84 of title 5, United States Code, have not been made shall be creditable under that chapter, if— that firefighter submits a written election to the Director; and the deposit requirements of section 8411(f) of that title have been met with respect to that service. Beginning on the date of enactment of this Act, any Federal wildland firefighter who suffers from a disease described in section 8143b(b)(2) of title 5, United States Code, due to environmental job-related exposure, including smoke inhalation, silicate inhalation, and firefighting toxic exposure, shall be considered to be disabled for purposes of section 8451 of that title, except that such section 8451 shall be applied to any such firefighter by substituting 12 months for 18 months. Section 8331(3) of title 5, United States Code, is amended— in subparagraph (H), by striking and at the end; in subparagraph (I), by inserting and after the semicolon; by inserting after subparagraph (I) the following: with respect to a Federal wildland firefighter (as that term is defined in section 1(b) of the Tim Hart Wildland Firefighter Classification and Pay Parity Act), overtime pay received on or after the date of enactment of this subparagraph; in the undesignated matter following subparagraph (J) (as added by paragraph (3)), by striking subparagraphs (B) through (I) of this paragraph and inserting subparagraphs (B) through (J) of this paragraph,. Section 8423(a)(1)(B)(i) of title 5, United States Code, is amended by inserting after firefighters, the following: Federal wildland firefighters (as that term is defined in section 1(b) of the Tim Hart Wildland Firefighter Classification and Pay Parity Act),. (J)with respect to a Federal wildland firefighter (as that term is defined in section 1(b) of the Tim Hart Wildland Firefighter Classification and Pay Parity Act), overtime pay received on or after the date of enactment of this subparagraph;; and

8. Pay parity for Federal structural firefighters In this section, the term Federal structural firefighter— has the meaning given the term firefighter in section 8401 of title 5, United States Code; and does not include a Federal wildland firefighter. Beginning on the date that is 1 year after the date of enactment of this Act, any pay, benefits, and bonuses provided to any Federal structural firefighter shall be comparable with the pay, benefits, and bonuses provided to Federal wildland firefighters under this Act and the amendments made by this Act. Not later than 1 year after the date on which special base rates of pay are established under section 5332a of title 5, United States Code, as added by section 2 of this Act, the Director shall submit to Congress a report on whether pay for such Federal structural firefighters is competitive with that for Federal wildland firefighters.

10. Wildland Fire Management Casualty Assistance Program In this section: The term affected firefighter means any Federal wildland firefighter or Federal wildland fire support personnel who— requires hospitalization or treatment at a medical facility due to a line-of-duty injury or illness; or is killed in the line of duty. The term affected next-of-kin, with respect to an affected firefighter, means an individual related to the affected firefighter, as determined in accordance with the following descending order of priority: A surviving legal spouse. A child (whether by current or prior relationship) aged 18 years or older, in descending precedence by age. A parent, unless custody has been vested in another individual by court order, in which case an adoptive parent shall take precedence over the natural parent from whom custody has been so removed. A sibling (whether whole or half) aged 18 years or older, in descending precedence by age. A grandparent. Any other relative, 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 death. 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 injury, illness, or death of an affected firefighter, including by providing advice relating to— services and benefits available under the Program to affected firefighters and affected next-of-kin; and funeral arrangements, if applicable. The term Program means the Wildland Fire Management Casualty Assistance Program established under subsection (b). The term Secretary means the Secretary of the Interior. Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program, to be known as the Wildland Fire Management Casualty Assistance Program, under which the Secretary shall provide assistance in accordance with this section to affected firefighters and affected next-of-kin. The Program shall include the following: The provision to affected next-of-kin of the initial, and any subsequent, notification regarding the injury, illness, or death of an affected firefighter. The reimbursement of affected next-of-kin for expenses associated with travel to visit an affected firefighter. The qualifications, assignment, training, duties, supervision, and accountability for the performance of casualty assistance officers. The relief or transfer of casualty assistance officers, including, in any case in which a casualty assistance officer is reassigned to another duty, the provision of notice of that reassignment to the applicable affected firefighters and affected next-of-kin. Centralized short-term and long-term case management procedures for casualty assistance officers, including ensuring rapid access to expert case managers and counselors by— casualty assistance officers; and affected firefighters and affected next-of-kin. The provision, through a computer-accessible website and other means and at no cost to affected firefighters and affected next-of-kin, of personalized, integrated information relating to the benefits and financial assistance available from the Federal Government to affected firefighters and affected next-of-kin. The provision to affected firefighters and affected next-of-kin of information relating to mechanisms for registering complaints regarding, or requests for, additional casualty assistance. Coordination among the Department of the Interior, the Department of Justice, 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-kin. Data collection, in consultation with the United States Fire Administration and the National Institute for Occupational Safety and Health, regarding the incidence and quality of casualty assistance provided to affected firefighters and affected next-of-kin. The Program shall not affect any existing authority relating to line-of-duty death benefits for affected firefighters.

11. Continuing accrual of service for firefighters Section 8401(14) of title 5, United States Code, is amended to read as follows: the term firefighter means— an employee, the duties of whose position— are primarily to perform work directly connected with the control and extinguishment of non-wildland fires; and are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; an employee, the duties of whose position— are primarily to perform work directly connected with the control and extinguishment of wildland fires; and are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; an employee who— is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years; and while serving in the supervisory or administrative position described in clause (i), has no break in service; or an employee who— occupies a supervisory or administrative position after performing duties described in subparagraph (B) for at least 3 years; and has not more than 24 months in total time of breaks in service; Subject to the requirements under paragraph (2), service performed before the date of enactment of this Act by an individual who, on the date of enactment of this Act, is an employee (as defined in section 8401(11) of title 5, United States Code) shall, for the purposes of chapter 84 of title 5, United States Code, be treated as service performed by a firefighter if— that service was performed during the period beginning on October 1, 2003, and ending on the day before the date of enactment of this Act; at the time of performing such service— the individual did not meet the requirements to be a firefighter under section 8401(14) of title 5, United States Code, because of a break in service; and would have met the requirements to be a firefighter under section 8401(14)(D) of title 5, United States Code, as amended by this Act; and appropriate deductions and withholdings under sections 8422 and 8423 of title 5, United States Code, were made during such service. To receive credit for eligible service under paragraph (1), the applicable individual shall— 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 Act, submit a written election to the agency employing the individual; if the individual is not employed by the agency that employed the individual when the service described in paragraph (1) was performed, submit a written election to such agency; and 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 8422 of title 5, United States Code, from the pay of the individual if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed under section 8334(e) of title 5, United States Code. If an individual remits payment under paragraph (2)(C) with respect to service described in paragraph (1), the agency that employed the individual when such service was performed shall remit to the Office of Personnel Management (for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund) the total additional amount of Federal contributions that would have been paid under section 8423 of title 5, United States Code, if the amendments made by subsection (a) had been in effect during the prior service, plus any applicable interest computed in accordance with section 8334(e) of title 5, United States Code. The Director shall— take such action as may be necessary and appropriate to inform individuals entitled to have any service credited under this subsection, or to have any annuity computed under this subsection, of the entitlement to the credit or computation; and upon request, assist any individual described in subparagraph (A) in obtaining such information in the possession of the Secretary of Agriculture or the Secretary of the Interior, as applicable, as may be necessary to verify the entitlement of the individual to have any service credited, or to have any annuity computed, pursuant to this subsection. 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 section. (14)the term firefighter means—(A)an employee, the duties of whose position—(i)are primarily to perform work directly connected with the control and extinguishment of non-wildland fires; and(ii)are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;(B)an employee, the duties of whose position—(i)are primarily to perform work directly connected with the control and extinguishment of wildland fires; and(ii)are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;(C)an employee who—(i)is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years; and(ii)while serving in the supervisory or administrative position described in clause (i), has no break in service; or(D)an employee who—(i)occupies a supervisory or administrative position after performing duties described in subparagraph (B) for at least 3 years; and(ii)has not more than 24 months in total time of breaks in service;.