S 4271

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IN THE SENATE OF THE UNITED STATES

March 26, 2026

Mr. Padilla (for himself and Mr. Sheehy) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To amend title 5, United States Code, to provide rest and recuperation leave for employees engaged in wildland firefighting, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Support our Firefighters Act”.

SEC. 2. REST AND RECUPERATION LEAVE FOR EMPLOYEES ENGAGED IN WILDLAND FIREFIGHTING.

(a) In General.—Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: “Sec. 6329e. Rest and recuperation leave for employees engaged in wildland firefighting

“(a) Definitions.—In 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 deployed to respond to a qualifying incident; and

“(3) the term ‘qualifying incident’ has the meaning given the term in section 5545c(a).

“(b) Rest and Recuperation Leave.—

“(1) In general.—A covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection.

“(2) Prescription of policies.—The Secretary of Agriculture and the Secretary of the Interior shall, in the sole and exclusive discretion of the Secretaries acting jointly, prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary.

“(3) Content of policies.—The policies prescribed under paragraph (2) may include—

“(A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall—

“(i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and

“(ii) be followed by a minimum number of days of rest and recuperation for the covered employee;

“(B) a requirement to use 3 days of rest and recuperation leave after a 14-day period during which the covered employee is deployed to respond to a qualifying incident, excluding travel to and from assignments; or

“(C) a requirement to use 4 days of rest and recuperation leave after a 21-day period during which the covered employee is deployed to respond to a qualifying incident, including travel to and from assignments.

“(c) Use of Leave.—

“(1) In general.—Rest 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;

“(B) shall be paid in the same manner as annual leave;

“(C) shall be used immediately after a qualifying incident; and

“(D) may not be set aside for later use.

“(2) No payment.—A covered employee may not receive any payment for unused rest and recuperation leave granted under this section.

“(d) Intermittent Work Schedule.—A covered employee with an intermittent work schedule—

“(1) 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

“(2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection

(b).”.

(b) Technical and Conforming Amendment.—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.”.

SEC. 3. TRANSFER AUTHORITY.

Notwithstanding section 40803(c)(2) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(c)(2)), not more than $5,000,000 of the unobligated balances of amounts made available under the heading “wildland fire management” under the heading “Forest Service” under the heading “DEPARTMENT OF AGRICULTURE” in title VI of division J of that Act (Public Law 117-58; 135 Stat. 1410) pursuant to section 40803(c)(2)(B) of that Act (16 U.S.C. 6592(c)(2)(B)) may, as necessary to continue uninterrupted the Federal wildland firefighter base salary increase described in section 40803(d)(4)(B) of that Act (16 U.S.C. 6592(d)(4)(B)), including premium pay authorized under section 1701 of the Extending Government Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note) (as amended by this Act), be transferred to and merged with the amounts made available under the heading “wildland fire management” under the heading “Department- wide Programs” under the heading “DEPARTMENT OF THE INTERIOR” in title VI of division J of that Act (Public Law 117-58; 135 Stat. 1393).

SEC. 4. WAIVER OF OVERTIME CAPS FOR WILDLAND FIREFIGHTERS.

Section 1701 of the Extending Government Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note) is amended—

(1) in subsection (a)(1)—

(A) in the first sentence, by striking “or 2022 or 2023 or 2024” and inserting “or any calendar year thereafter”; and

(B) in the second sentence—

(i) by striking “Services” and inserting “services”; and

(ii) by striking “subsection” and inserting “subsection.”;

(2) in subsection (b), by striking “2021 or 2022 or 2023 or 2024” and inserting “the applicable calendar year”; and

(3) in subsection (c), by striking “2021 or 2022 or 2023 or 2024” and inserting “the applicable calendar year”. <all>