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Redesignates existing section 172 as section 173; inserts a new section 172 establishing the 'Incarcerated firefighter reentry program grants' (grant program, eligible entities, uses of funds, definitions); amends the authorization provision (section 173(d) as redesignated) by striking 'section 169' and inserting 'sections 169 and 172'; and makes corresponding clerical amendments to the table of contents.
Adds reporting requirements to section 10152 requiring grantee States and units of local government operating or contracting correctional facilities to report on workplace safety and health conditions, injuries or deaths of employees or incarcerated firefighters while performing required work, and potential noncompliance with applicable occupational safety and health standards; requires submission of those reports to the Attorney General and Congress beginning not later than 2 years after enactment and annually thereafter.
Adds a required certification to applications: that the State or unit of local government has provided workplace safety and health protections for incarcerated firefighters (by legislative or executive action) that are at least as effective as comprehensive State programs under section 18 of the Occupational Safety and Health Act of 1970, or that an appropriate State or local agency monitors and enforces or will monitor and enforce such protections.
Adds a new subsection reserving $400,000 of the total amount made available to carry out this subpart for a fiscal year for use by States and units of local government to establish and implement workplace safety and health protections for incarcerated firefighters, with the Attorney General to make the reservation in consultation with the Assistant Secretary of Labor for Occupational Safety and Health.
Inserts a new definition into the chapter definitions: defines the term "incarcerated firefighter" to have the meaning given such term in section 3(z) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(z)).
Amends 29 U.S.C. 203 to (1) include individuals employed as 'incarcerated firefighters' as 'employee' under subsection (e) — adding a new subparagraph (D) to paragraph (2) and adding paragraph (6) to subsection (e) to cover incarcerated firefighters employed by private entities operating correctional facilities under contract with public agencies; (2) modify subsection (m)(1) to specify that, for an incarcerated firefighter, the cost of board, lodging, or other facilities and amounts taken for court-imposed fees shall not be included in the wage paid to such employee; and (3) add new definitional subsections (z), (aa), and (bb) defining 'incarcerated firefighter', 'correctional facility', and 'court-imposed fee'.
Adds a new definition for 'correctional facility' to the definitions in section 3 of the Occupational Safety and Health Act (29 U.S.C. 652), referencing the definition in section 3(aa) of the Fair Labor Standards Act (29 U.S.C. 203(aa)).
Amends subsection (c) of section 18 to (1) insert 'political subdivisions' into paragraph (6) and (2) redesignate the existing paragraph (7) as (7)(A) and add a new (7)(B) requiring States to ensure that any public agency operating or contracting to operate a correctional facility submit periodic reports to the Attorney General and Congress regarding workplace safety and health conditions and potential noncompliance.
Adds a new subsection (e) addressing the Bureau of Prisons: directing the Director to apply the agency's occupational safety and health program to incarcerated firefighters as it applies to Bureau employees, to submit reports to the Attorney General and Congress (within 2 years of enactment and annually thereafter) on workplace safety and health conditions, injuries or deaths of employees or incarcerated firefighters, and potential noncompliance, and to define 'incarcerated firefighter.'
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.
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.
Introduced May 26, 2025 by Sydney Kamlager-Dove · Last progress May 26, 2025
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.
Introduced in House