Wildland Firefighter Recognition Act

II 117TH CONGRESS 1ST SESSION S. 1221 To require the Director of the Office of Personnel Management to create a classification that more accurately reflects the vital role of wildland firefighters. IN THE SENATE OF THE UNITED STATES APRIL 20, 2021 Mr. DAINES (for himself and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs A BILL To require the Director of the Office of Personnel Manage- ment to create a classification that more accurately re- flects the vital role of wildland firefighters. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Wildland Firefighter 4 Recognition Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 (1) the term ‘‘Director’’ means the Director of 8 the Office of Personnel Management; 9 VerDate Sep 11 2014 21:55 May 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1221.IS S1221 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1221 IS (2) the term ‘‘employee’’ has the meaning given 1 the term in section 2105 of title 5, United States 2 Code; 3 (3) the term ‘‘Federal land management agen- 4 cy’’ means— 5 (A) within the Department of the Inte- 6 rior— 7 (i) the Bureau of Land Management; 8 (ii) the Bureau of Indian Affairs; 9 (iii) the National Park Service; and 10 (iv) the United States Fish and Wild- 11 life Service; and 12 (B) within the Department of Agriculture, 13 the Forest Service; 14 (4) the term ‘‘wildland fire’’— 15 (A) means any non-structure fire that oc- 16 curs in vegetation or natural fuels; and 17 (B) includes prescribed fire and wildfire; 18 and 19 (5) the term ‘‘wildland firefighter’’ means— 20 (A) an employee of a Federal land man- 21 agement agency, the duties of whose position 22 are primarily to perform work directly related 23 to the prevention, control, suppression, or man- 24 agement of wildland fires, including an em- 25 VerDate Sep 11 2014 21:55 May 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1221.IS S1221 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1221 IS ployee of a Federal land management agency 1 who is assigned to support wildland fire activi- 2 ties; and 3 (B) an employee of a Federal land man- 4 agement agency who is transferred to a super- 5 visory or administrative position from a position 6 described in subparagraph (A). 7 SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS. 8 (a) REQUIREMENTS.— 9 (1) IN GENERAL.—Not later than 30 days after 10 the date of enactment of this Act, the Director, in 11 cooperation with the Federal land management 12 agencies, shall commence development of a distinct 13 wildland firefighter occupational series that more ac- 14 curately reflects the variety of duties performed by 15 wildland firefighters. 16 (2) DESIGNATION.—The official title assigned 17 to any occupational series established under para- 18 graph (1) shall include the designation of ‘‘Wildland 19 Firefighter’’. 20 (3) POSITIONS DESCRIBED.—Paragraph (1) 21 shall apply with respect to any class or other cat- 22 egory of positions that consists primarily or exclu- 23 sively of forestry technician positions, range techni- 24 VerDate Sep 11 2014 21:55 May 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1221.IS S1221 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1221 IS cian positions, or any other positions the duties and 1 responsibilities of which include— 2 (A) significant prevention, preparedness, 3 control, suppression, or management activities 4 for wildland fires; or 5 (B) activities necessary to meet any other 6 emergency incident to which assigned. 7 (4) CONSULTATION.—It is the sense of Con- 8 gress that the Director should consult with employee 9 associations and any other groups that represent 10 wildland firefighters in carrying out this subsection. 11 (5) IMPLEMENTATION.—Not later than 2 years 12 after the date of enactment of this Act— 13 (A) the Director shall complete the devel- 14 opment of the wildland firefighter occupational 15 series required under paragraph (1); and 16 (B) the Secretary of the Interior and the 17 Secretary of Agriculture shall use the wildland 18 firefighter occupational series developed under 19 paragraph (1) in the advertising and hiring of 20 a wildland firefighter. 21 (b) HAZARDOUS DUTY DIFFERENTIAL NOT AF- 22 FECTED.—Section 5545(d)(1) of title 5, United States 23 Code, is amended by striking ‘‘except’’ and all that follows 24 and inserting the following: ‘‘except— 25 VerDate Sep 11 2014 21:55 May 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1221.IS S1221 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1221 IS ‘‘(A) an employee in an occupational series 1 covering positions for which the primary duties 2 involve the prevention, control, suppression, or 3 management of wildland fires, as determined by 4 the Office; and 5 ‘‘(B) in such other circumstances as the 6 Office may by regulation prescribe; and’’. 7 (c) CURRENT EMPLOYEES.—Any individual employed 8 as a wildland firefighter on the date on which the occupa- 9 tional series established under subsection (a) takes effect 10 may elect to— 11 (1) remain in the occupational series in which 12 the individual is working; or 13 (2) be included in the wildland firefighter occu- 14 pational series established under subsection (a). 15 Æ VerDate Sep 11 2014 21:55 May 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1221.IS S1221 kjohnson on DSK79L0C42PROD with BILLS