Sec. 4. Pay and benefits
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In the case of a wildland firefighter, for full-time, part-time, and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day shall be considered overtime work, inclusive of all time the firefighter is away from their official duty station assigned to an emergency incident, in support of an emergency incident (including wildfires, hurricanes, and other natural disasters to which employees are assigned) in support of an emergency incident, or pre-positioned for emergency response, and shall be compensable as work time in accordance with section 5542(a) of title 5, United States Code, as amended by paragraph (2)(A).
The provisions of this subsection and the amendments made by this subsection comprise the portal-to-portal compensation pilot program. Section 5542(a) of title 5, United States Code, is amended by adding at the end (as a flush left sentence) the following: Notwithstanding paragraphs
(1)and (2), and only for the duration of the portal-to-portal compensation program under section 4 of the Wildland Firefighters Protection Act , for a wildland firefighter assigned to an emergency incident, assigned in support of an emergency incident, or pre-positioned for emergency response, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the basic pay of the employee, and that entire amount is premium pay. . For the purpose of applying the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 and following) with respect to wildland firefighters, no violation referred to in such provisions shall be considered to have occurred if the requirements described in the amendment made by subparagraph
(A)are met. The pilot program shall be carried out by the Department of the Interior and the Department of Agriculture— for a period not to exceed 3 calendar years beginning as of the start of the 2014 wildfire season; and with respect to wildland firefighters holding positions within such geographic areas as the Secretary of Agriculture shall, in consultation with the Secretary of the Interior, determine. Notwithstanding any other provision of law, there shall be made available from the FLAME Wildfire Suppression Reserve Funds, established by section 502(b) of the FLAME Act of 2009 (43 U.S.C. 1748a(b)), an amount— sufficient to carry out the portal-to-portal compensation pilot program; but only to the extent that— in the case of the 2014 wildfire season and any subsequent wildfire season during which the pilot program is in effect, such amount exceeds the average corresponding expenses which were paid, with respect to wildland firefighters holding positions within the geographic area or areas covered by the program (as specified under subparagraph (C)(ii)) for the 2012 and 2013 wildfire seasons. No later than 90 days after the completion of the pilot program, the Secretary of the Interior and the Secretary of Agriculture shall submit to Congress a joint report on the effectiveness of the pilot program. Such report shall address the effect of the program with respect to— recruitment and retention of wildland firefighters; and any cost savings. Employees compensated under the pilot program shall, for the period of such program, be exempt from any limitation on premium pay under section 5547 of title 5, United States Code. Section 8331(3) of title 5, United States Code is amended— in subparagraph (G), by striking and at the end; in subparagraph (H), by inserting and at the end; and by adding after subparagraph
(H)the following: with respect to a wildland firefighter (as defined by section 2 of the Wildland Firefighters Protection Act ), any pay differential received under section 5545(d); . Such section 8331(3) is further amended, in the matter following subparagraph
(I)(as added by paragraph (1)(C)), by striking subparagraphs
(B)through
(H)of this paragraph and inserting subparagraphs
(B)through (I), . In the administration of section 5545(d) of title 5, United States Code, the Office of Personnel Management shall take such measures as may be necessary to ensure that, under the schedule or schedules of pay differentials for duty involving unusual physical hardship or hazard, a pay differential of 25 percent shall be payable to an individual while serving as a member of a wildland firefighting crew. For purposes of this subsection, the term wildland firefighting crew includes ground (hand crew, hotshot, engine, and other fire apparatus personnel) and airborne (smoke jumper or helitack) firefighting personnel on the fire line of any wildfire or prescribed fuel treatment burn or fire, as further defined in regulations of the Office of Personnel Management. Any individual who is subject to the Federal Employees’ Retirement System as a firefighter (within the meaning of section 8401 of title 5, United States Code) on the date of the enactment of this Act shall be entitled to have any qualifying firefighter service treated as creditable service under section 8411 of such title. For purposes of this subsection, the term qualifying firefighter service means, in connection with an individual, any service— which was performed by such individual, as a wildland firefighter, after 1989 and before the date of the enactment of this Act; and for which such individual was not allowed to receive retirement credit by reason of section 8347(g) or 8402(c) of such title 5. Credit for a period of service may not be given under this subsection unless the individual involved makes a deposit, in such manner as the Office of Personnel Management may by regulation require, equal to the employee contributions that would have been required (in the case of a firefighter) for such period under section 8334(c) or 8422(a) of such title 5, with interest. The Office of Personnel Management shall accept the certification of the Secretary of the Interior or the Secretary of Agriculture, as the case may be, concerning whether an individual performed qualifying firefighter service and the length of the period of such service the individual performed.
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