| HR 977 IH
108th CONGRESS
1st Session
H. R. 977
To amend the Federal
Land Policy and Management Act of 1976 to provide death and disability
benefits for aerial firefighters who work on a contract basis for the Forest
Service or an agency of the Department of the Interior and suffer death
or disability in the line of duty, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mrs. CUBIN (for herself and
Mr. ISSA) introduced the following bill; which was referred to the Committee
on Resources, and in addition to the Committees on Agriculture and the
Judiciary, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To amend the Federal
Land Policy and Management Act of 1976 to provide death and disability
benefits for aerial firefighters who work on a contract basis for the Forest
Service or an agency of the Department of the Interior and suffer death
or disability in the line of duty, 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 `Aerial Firefighter Relief Act of 2003'.
SEC. 2. DEATH AND DISABILITY
BENEFITS FOR AERIAL FIREFIGHTERS OF THE FOREST SERVICE AND DEPARTMENT OF
THE INTERIOR AGENCIES.
(a) FINDINGS- Congress finds
the following:
(1) Pilots and crew members
of aircraft used to fight wildfires generally work on a contract basis
with a State or Federal agency and, as a result, are not eligible for death
or disability benefits should they be killed or injured in the line of
duty.
(2) Employer death benefits
and life insurance for aerial firefighters are expensive, and the families
of these unsung heroes have to cope not only with the loss of a loved one,
but also the additional financial loss of a wage earner.
(3) It is vital that Congress
continue to encourage the recruitment and retention of skilled and experienced
aerial firefighters.
(b) ELIGIBILITY FOR DEATH
AND DISABILITY BENEFITS- Section 308 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1738) is amended by adding at the end the following
new subsection:
`(c) ELIGIBILITY OF AERIAL
FIREFIGHTERS FOR DEATH AND DISABILITY BENEFITS-
`(1) ELIGIBILITY- An individual
who serves a public agency specified in paragraph (2), or a contractor
or subcontractor of such a public agency, in an official capacity, with
or without compensation, as a pilot or a crew member of an aircraft carrying
out a firefighting mission on behalf of such public agency and who is killed
or disabled as a result of an injury that occurs while the aircraft is
moving under its own power for the purpose of take off, flight, or landing
shall be eligible for a death or disability benefit under section 1201
of Public Law 90-351 (42 U.S.C. 3796).
`(2) COVERED PUBLIC AGENCIES-
Subsection (a) applies with respect to the Forest Service and any agency
of the Department of the Interior.
`(3) APPLICABILITY- This
subsection shall apply with respect to death or injuries occurring on or
after September 29, 1976.'.
SEC. 3. ELIGIBILITY OF AERIAL
FIREFIGHTERS FOR PUBLIC SAFETY OFFICER DEATH BENEFITS.
(a) IN GENERAL- Paragraph
(7) of section 1204 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796b) is amended--
(1) in subparagraph (B)
by striking `or' at the end;
(2) in subparagraph (C)
by striking the period at the end and inserting `; or'; and
(3) by adding at the end
the following new subparagraph:
`(D) an individual serving
a public agency, or a contractor or subcontractor at any tier of a public
agency, in an official capacity, with or without compensation, as a pilot
or a crew member of an aircraft carrying out a firefighting mission on
behalf of such public agency, so long as the injury occurs during the contract
period beginning with the moment in which the aircraft moves under its
own power for the purpose of flight and ending with the moment in which
the aircraft comes to rest after landing.'.
(b) APPLICABILITY- The amendments
made by subsection (a) shall apply with respect to injuries occurring on
or after September 29, 1976.
END
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