Sponsors (12)
Extends workplace safety and fair-labor protections to incarcerated firefighters, requires state and federal reporting on safety and compliance, creates grant programs to help states update laws and support reentry, and allows eligible incarcerated firefighters to seek expungement of certain records. It defines key terms, sets funding authorizations for state law reform and grants, and adds requirements and incentives for states to certify protections for incarcerated firefighters.
Adds a new definition for the term "correctional facility" to Section 3 of the Occupational Safety and Health Act, making that term have the meaning given in section 3(aa) of the Fair Labor Standards Act of 1938.
In Section 18 (state plans) subsection (c), paragraph (6) is amended by inserting the phrase "political subdivisions," so that political subdivisions are explicitly included.
In Section 18 (state plans) subsection (c), a new paragraph (7)(B) requires each State to ensure that any public agency of the State or a political subdivision that operates a correctional facility or contracts with a private entity to operate such a facility must, not later than 2 years after the FIRE Act is enacted and every year thereafter, submit to the Attorney General and Congress a report on (i) workplace safety and health conditions at each such facility and (ii) any potential noncompliance of each such facility with the safety and health standards under the State plan.
Adds a new subsection (e) to Section 19 requiring the Director of the Bureau of Prisons to ensure the Bureau's occupational safety and health program applies to incarcerated firefighters in the same manner it applies to Bureau of Prisons employees.
Requires the Director of the Bureau of Prisons to submit, not later than 2 years after the FIRE Act is enacted and every year thereafter, a report to the Attorney General and Congress on (i) workplace safety and health conditions at any correctional facility operated by the Bureau or by a private entity contracting with the Bureau, (ii) any injury or death of any employee or incarcerated firefighter while performing labor with respect to such a facility, and (iii) any potential noncompliance of any such facility with the occupational safety and health program.
Primary impacts:
Incarcerated firefighters: Gain statutory workplace-safety protections, FLSA employee status for wage rules, access to reentry services after release, and a pathway to seek expungement of certain offenses. These changes can improve on-the-job safety, clarify pay, and reduce reentry barriers.
State governments and correctional agencies: Must produce recurring safety reports, adopt or certify equivalent safety protections for incarcerated firefighters, and participate in grant programs to amend laws and enforcement practices. Compliance will create administrative work and potential costs, partially offset by federal grant funding.
Federal agencies and courts: The Bureau of Prisons must report and implement safety oversight; the Department of Labor will administer grants and update enforcement; the Department of Justice and federal courts (and state courts under the expungement scheme) will handle petitions and record-handling requirements, increasing workload.
Correctional facility operators and private contractors: Must comply with heightened safety, wage, and reporting standards when operating inmate firefighting programs; potential labor-cost and liability adjustments could follow from expanded employee status under FLSA.
Communities and employers: Reentry grants and expungement pathways can improve reintegration outcomes, reduce barriers to employment for formerly incarcerated firefighters, and potentially enlarge the available workforce.
Trade-offs and fiscal effects:
The bill authorizes significant funding ($100M/year for multiple years) but also imposes reporting and certification obligations on states; some compliance costs may not be fully covered for all state implementation burdens.
Recognizing incarcerated firefighters as FLSA employees could prompt operational and budgetary changes for public and private program operators (wage payments, payroll handling, potential retroactivity questions), and may invite legal and policy debate on labor and incarceration policy.
Adds a new definition of “correctional facility” to OSHA by referencing the meaning of that term in the Fair Labor Standards Act.
Modifies State plan approval conditions by adding references to political subdivisions and adding a new reporting condition tied to correctional facilities.
Adds a new Bureau of Prisons subsection requiring OSHA program coverage for incarcerated firefighters and recurring reports.
Adds a new annual reporting requirement for certain grant recipients that operate (or contract to operate) correctional facilities, including specified workplace safety and injury/death reporting topics.
Adds a new grant-application certification related to workplace safety protections for incarcerated firefighters and monitoring/enforcement of those protections.
Requires a $400,000 annual set-aside (reserved amount) for States and local governments to establish and implement workplace safety and health protections for incarcerated firefighters, with consultation with OSHA leadership.
Adds a new definition of “incarcerated firefighter” by cross-referencing the Fair Labor Standards Act definition and makes related technical edits to surrounding definition paragraphs.
Amends definitions in the Fair Labor Standards Act to (1) include incarcerated firefighters in the definition of “employee” for certain public-agency and private-contractor situations, (2) change wage-calculation language for incarcerated firefighters regarding board/lodging/facilities and court-imposed fees, and (3) add new definitions for “incarcerated firefighter,” “correctional facility,” and “court-imposed fee.”
Amends WIOA Subtitle D of title I by renumbering an existing section and adding a new section establishing incarcerated firefighter reentry program grants.
Expand sections to see detailed analysis
Referred to the Committee on Education and Workforce, and in addition to the Committee on 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.
Last progress May 26, 2025 (8 months ago)
Introduced on May 26, 2025 by Sydney Kamlager-Dove