119-hr3614

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3614 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3614

To establish fair labor standards, occupational safety protections, and 
 post-incarceration career opportunities for incarcerated individuals 
 engaged in firefighting and to provide previously incarcerated 
 firefighters an opportunity to expunge records of disposition after 
 successful completion of court-imposed probation, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 May 26, 2025

 Ms. Kamlager-Dove (for herself, Mr. Moore of Alabama, Mr. Rutherford, 
 Mr. Ivey, Ms. Norton, and Mrs. McIver) introduced the following bill; 
which was 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

_______________________________________________________________________

 A BILL

To establish fair labor standards, occupational safety protections, and 
 post-incarceration career opportunities for incarcerated individuals 
 engaged in firefighting and to provide previously incarcerated 
 firefighters an opportunity to expunge records of disposition after 
 successful completion of court-imposed probation, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fairness, 
Inclusion, Rehabilitation, and Expungement for Incarcerated 
Firefighters Act'' or the ``FIRE Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Coverage of incarcerated firefighters under the Occupational 
 Safety and Health Act of 1970.

Sec. 3. Coverage of incarcerated firefighters under the Fair Labor 
 Standards Act of 1938.

Sec. 4. Incentives for States to enact protections for incarcerated 
 firefighters.

Sec. 5. Grants to assist States in covering incarcerated firefighters.

Sec. 6. Incarcerated firefighter reentry program grants.

Sec. 7. Expungement of certain offenses.

SEC. 2. COVERAGE OF INCARCERATED FIREFIGHTERS UNDER THE OCCUPATIONAL 
 SAFETY AND HEALTH ACT OF 1970.

    (a) Definition of Correctional Facility.--

Section 3 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 652) is amended 
by adding at the end the following:
 ``

    (15) The term `correctional facility' has the meaning 
 given the term in 

section 3

    (aa) of the Fair Labor Standards Act 
 of 1938 (29 U.S.C. 203)

    (aa) .''.

    (b) State Plans.--

Section 18 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 667) is amended--

    (1) in subsection
            (c) --
        (A) in paragraph

    (6) , by inserting, ``including 
 incarcerated firefighters as defined in 

section 3

    (z) of 
 the Fair Labor Standards Act of 1938 (29 U.S.C. 
 203)

    (z) ,'' after ``political subdivisions,''; and
        (B) in paragraph

    (7) --
            (i) by striking ``

    (7) requires'' and 
 inserting ``

    (7)
        (A) requires''; and
            (ii) by adding at the end the following:
 ``
        (B) requires the State to ensure that any public 
 agency of the State (or of a political subdivision of 
 the State) operating a correctional facility or 
 contracting with a private entity to operate such a 
 facility, shall, not later than 2 years after the date 
 of enactment of the FIRE Act, and every year 
 thereafter, submit to the Attorney General and Congress 
 a report on--
 ``
            (i) the 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, and''.
            (c) Federal Prisons.--

Section 19 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 668) is amended by adding at the end the 
following:
 ``

    (e) Bureau of Prisons.--
 ``

    (1) In general.--The Director of the Bureau of Prisons 
 shall--
 ``
        (A) ensure that the occupational safety and 
 health program established and maintained by the 
 Director under subsection

    (a) applies with respect to 
 incarcerated firefighters in the same manner as the 
 program applies to employees of the Bureau of Prisons; 
 and
 ``
        (B) submit, not later than 2 years after the date 
 of enactment of the FIRE Act, and every year 
 thereafter, to the Attorney General and Congress, a 
 report on--
 ``
            (i) the workplace safety and health 
 conditions at any correctional facility 
 operated by the Bureau of Prisons or a private 
 entity contracting with the Bureau of Prisons;
 ``
            (ii) any injury or death of any employee 
 or incarcerated firefighter while performing 
 labor with respect to such facility; and
 ``
            (iii) any potential noncompliance of any 
 such facility of such occupational safety and 
 health program.
 ``

    (2) Incarcerated firefighter.--In this section, the term 
 `incarcerated firefighter' means an individual who is 
 incarcerated in a correctional facility operated by the Bureau 
 of Prisons or facilitated or operated by a private entity 
 through a contract with the Bureau of Prisons and who performs 
 firefighting or emergency response services work offered or 
 required by or through the correctional facility, including 
 work associated with prison work programs, work release 
 programs, public works programs, restitution centers, 
 correctional facility operations and maintenance, or private 
 entities.''.

SEC. 3. COVERAGE OF INCARCERATED FIREFIGHTERS UNDER THE FAIR LABOR 
 STANDARDS ACT OF 1938.

 

Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) 
is amended--

    (1) in subsection

    (e) --
        (A) in paragraph

    (2) --
            (i) in subparagraph
        (B) , by striking ``; 
 and'' and inserting a semicolon;
            (ii) in subparagraph
            (C) 
            (ii) 
            (V) , by 
 striking the period at the end and inserting 
 ``; and''; and
            (iii) by adding at the end the following:
 ``
            (D) any individual employed as an incarcerated 
 firefighter by a public agency that operates the 
 correctional facility in which such individual is 
 incarcerated or detained.''; and
        (B) by adding at the end the following:
 ``

    (6) The term `employee' includes any individual employed 
 as an incarcerated firefighter by a private entity that 
 operates, through a contract with a public agency, the 
 correctional facility in which such individual is incarcerated 
 or detained.'';

    (2) in subsection
            (m) (1) , by striking ``any employee.'' and 
 inserting ``any employee: Provided further, That, in the case 
 of an employee who is an incarcerated firefighter, the cost of 
 board, lodging, or other facilities and any amount taken from 
 amounts paid such incarcerated firefighter for payment of a 
 court-imposed fee shall not be included in the wage paid to 
 such employee.''; and

    (3) by adding at the end the following:
 ``

    (z)

    (1) The term `incarcerated firefighter' means an individual 
who is incarcerated in a correctional facility operated by a public 
agency or facilitated or operated by a private entity through a 
contract with a public agency and who performs firefighting or 
emergency response services work offered or required by or through the 
correctional facility, including work associated with prison work 
programs, work release programs, State prison industries, public works 
programs, restitution centers, correctional facility operations and 
maintenance, or private entities.
 ``

    (2) An incarcerated firefighter shall be considered 
 employed by--
 ``
        (A) the public agency operating the correctional 
 facility in which the individual is incarcerated or 
 detained; or
 ``
        (B) in a case in which the individual is 
 incarcerated or detained in a correctional facility 
 operated by a private entity through a contract with a 
 public agency, such private entity.
 ``

    (aa) `Correctional facility' means a jail, prison, or other 
detention facility used to house people who have been arrested, 
detained, held, or convicted by a criminal justice agency or a court.
 ``

    (bb)

    (1) `Court-imposed fee' means any fee imposed by a court as a 
result of a criminal conviction, including any surcharge imposed for a 
felony or misdemeanor conviction, a criminal justice administrative 
fee, a court-appointed attorney fee, a court clerk fee, a filing clerk 
fee, a DNA database fee, a jury fee, a crime lab analysis fee, a late 
fee, an installment fee, or any other court cost.
 ``

    (2) The term `court-imposed fee' does not include any 
 amount required by a court to be paid for child support, to a 
 crime victim compensation fund, for a civil judgment, or for a 
 criminal fine.''.

SEC. 4. INCENTIVES FOR STATES TO ENACT PROTECTIONS FOR INCARCERATED 
 FIREFIGHTERS.

 Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(34 U.S.C. 10101 et seq.) is amended--

    (1) in 

section 501 (34 U.S.C. 10152), by adding at the end 
 the following:
 ``
            (i) Annual report on workplace safety and 
 health conditions.--Not later than 2 years 
 after the date of enactment of the FIRE Act, 
 and annually thereafter, any State or unit of 
 local government that receives a grant under 
 this section and operates a correctional 
 facility or contracts with a private entity to 
 operate a correctional facility shall submit to 
 the Attorney General and Congress a report on--
 ``

    (2) the workplace safety and health conditions at each 
 such correctional facility;
 ``

    (3) any injury or death of any--
 ``
        (A) employee; or
 ``
        (B) incarcerated firefighter while such 
 firefighter was performing work required to be 
 performed during their incarceration; and
 ``

    (4) any potential noncompliance of any such correctional 
 facility with the occupational safety and health standards that 
 apply to the correctional facility.'';

    (2) in 

section 502

    (a) (34 U.S.C. 10153

    (a) ), by adding at 
 the end the following:
 ``

    (7) As applicable, a certification that,--
 ``
        (A) the State or unit of local government has 
 provided workplace safety and health protections for 
 incarcerated firefighters in correctional facilities, 
 either by legislative or executive action, that are at 
 least as effective in providing safe and healthful 
 employment and places of employment for incarcerated 
 firefighters as the comprehensive occupational safety 
 and health programs established by States under 

section 18 of the Occupational Safety and Health Act of 1970; 
 or
 ``
        (B) an appropriate State or local agency monitors 
 and enforces or will monitor or enforce, as applicable, 
 the safety and health protections described in 
 subparagraph
        (A) .'';

    (3) in 

section 506 (34 U.S.C. 10157), by adding at the end 
 the following:
 ``
            (c) Of the total amount made available to carry out this subpart 
for a fiscal year, the Attorney General, in consultation with the 
Assistant Secretary of Labor for Occupational Safety and Health, shall 
reserve $400,000 for use by States and units of local government to 
establish and implement workplace safety and health protections for 
incarcerated firefighters.''; and

    (4) in 

section 901

    (a) (34 U.S.C. 10251

    (a) )--
        (A) in paragraph

    (32) , by striking ``and'' at the 
 end;
        (B) in paragraph

    (33) , by striking the period at 
 the end and adding ``; and''; and
            (C) by inserting after paragraph

    (33) the 
 following:
 ``

    (34) the term `incarcerated firefighter' shall have the 
 meaning given such term in 

section 3

    (z) of the Fair Labor 
 Standards Act of 1938 (29 U.S.C. 203

    (z) ).''.

SEC. 5. GRANTS TO ASSIST STATES IN COVERING INCARCERATED FIREFIGHTERS.

    (a) In General.--The Secretary of Labor shall establish a grant 
program to award a grant to each State that submits an application 
satisfying the requirements under subsection

    (b) to assist the State in 
amending the occupational safety and health laws of the State to cover 
incarcerated firefighters and to enforce those laws as appropriate 
through inspections, investigations, citations, penalties, and other 
enforcement mechanisms.

    (b) Applications.--A State seeking a grant under this section shall 
submit an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may reasonably 
require.
            (c) Definition of Incarcerated Firefighter.--In this section, the 
term ``incarcerated fighter'' has the meaning given such term in 

section 18
            (i) (as amended by 

section 2

    (b)

    (2) of this Act) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 667
            (i) ).
            (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2026 through 2031, to remain available until expended.

SEC. 6. INCARCERATED FIREFIGHTER REENTRY PROGRAM GRANTS.

    (a) In General.--Subtitle D of title I of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3221 et seq.) is amended--

    (1) by redesignating 

section 172 as 

section 173; and

    (2) by inserting after 

section 171 the following new 
 section:

``

SEC. 172. INCARCERATED FIREFIGHTER REENTRY PROGRAM GRANTS.

 ``

    (a) In General.--The Secretary shall establish a program to award 
grants to eligible entities to enable such entities to provide job 
training, job placement services, and mentoring to individuals who are 
former incarcerated firefighters during reentry.
 ``

    (b) Application.--To be eligible for a grant under this section, 
a State shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
reasonably require.
 ``
            (c) Use of Funds.--A grant awarded under this section may be used 
by an eligible entity to--
 ``

    (1) in the case of a program that provides job training, 
 placement services, and mentoring exclusively to former 
 incarcerated firefighters upon reentry, to pay costs related to 
 such program; and
 ``

    (2) in the case of a program that provides job training, 
 placement services, and mentoring to former incarcerated 
 firefighters and to other individuals during reentry, to pay 
 costs related to the participation of such former incarcerated 
 firefighters in the program.
 ``

    (3) evaluate and implement methods to improve the 
 employment opportunities of incarcerated firefighters upon 
 reentry; and
 ``

    (4) identify, and make recommendations regarding, best 
 practices relating to reentry and the employment of 
 incarcerated firefighters as full-time firefighters during 
 reentry.
 ``
            (d) === Definitions. ===
-In this section:
 ``

    (1) Eligible entity.--The term `eligible entity' means--
 ``
        (A) a private non-profit organization under 
 

section 501
            (c) (3) of the Internal Revenue Code of 1986;
 ``
        (B) a local workforce development board;
 ``
            (C) a State or local government; or
 ``
            (D) an Indian or Native American entity eligible 
 for grants under 

section 166.
 ``

    (2) Incarcerated firefighter.--The term `incarcerated 
 firefighter' has the meaning given such term in 

section 3

    (z) of 
 the Fair Labor Standards Act of 1938 (29 U.S.C. 203

    (z) ).
 ``

    (3) Reentry period.--The term `reentry' means, in 
 relation to an individual, the 180-day period beginning on the 
 date on which such individual is released from 
 incarceration.''.

    (b) Authorization of Appropriations.--

Section 173
            (d) of the 
Workforce Innovation and Opportunity Act as redesignated by subsection

    (a) of this section is amended by striking ``

section 169'' and 
inserting ``sections 169 and 172''.
            (c) Clerical Amendment.--The table of contents in 

section 1

    (b) of 
the Workforce Innovation and Opportunity Act is amended--

    (1) by redesignating the item relating to 

section 172 as 
 

section 173; and

    (2) by inserting after the item relating to 

section 171 the 
 following:

``

SEC. 173. INCARCERATED FIREFIGHTER REENTRY PROGRAM GRANTS.''.

SEC. 7. EXPUNGEMENT OF CERTAIN OFFENSES.

    (a) In General.--An eligible incarcerated firefighter may file a 
petition under this section for expungement.

    (b) Extenuating Circumstances.--If extenuating circumstances 
prevent an incarcerated firefighter from fulfilling the requirements of 
their sentence, as required under subsection
            (i) (1) , the court, in its 
discretion, may waive a portion of such requirement and determine the 
incarcerated firefighter is an eligible incarcerated firefighter.
            (c) Procedure for Expungement.--

    (1) Petition.--A petition for expungement may be filed only 
 in the court in which the eligible incarcerated firefighter was 
 convicted of the offense for which expungement is sought. The 
 clerk of the court shall serve that petition on the United 
 States attorney for that district. Except as provided under 
 paragraph

    (5) , not later than 60 days after service of such 
 petition, the United States attorney may submit recommendations 
 to the court and provide a copy of those recommendations to the 
 firefighter.

    (2) Appointment of counsel.--The court shall appoint 
 counsel upon the request of an indigent eligible incarcerated 
 firefighter to represent the firefighter in proceedings under 
 this section, including the preparation of a petition or 
 subsequent petition under this section.

    (3) Submission of evidence.--The eligible incarcerated 
 firefighter and the U.S. attorney, as noted under paragraph

    (1) , may file with the court evidence relating to the petition.

    (4) Basis for decision.--In making a decision on the 
 petition, the court shall consider all evidence and weigh the 
 interests of the eligible incarcerated firefighter, the best 
 interests of justice, and public safety.

    (5) Subsequent petition.--If the court denies the petition, 
 the petitioner may not file another such petition under 
 paragraph

    (1) until the date that is 2 years after the date of 
 such denial.

    (6) Mandatory grant of petition.--Except as provided in 
 subparagraph
        (B) , the court shall grant the petition of an 
 eligible incarcerated firefighter who files the petition on a 
 date that is not earlier than the date that is 7 years after 
 the date on which the petitioner has fulfilled the requirements 
 of the sentence, as described in subsection
            (i) (1) . The United 
 States Attorney may not submit recommendations under paragraph

    (1) with regard to that petition.

    (7) Discretionary grant of petition.--Except as provided in 
 subparagraph
        (B) , the court may grant the petition of an 
 eligible incarcerated firefighter who files the petition on a 
 date that is not earlier than the date that is 1 year after the 
 date on which the petitioner has fulfilled the requirements of 
 the sentence, as described in subsection
            (i) (1) .
            (d) Notification of Expungement.--Not later than 7 days after 
granting an expungement petition, in order to facilitate the timely 
update of relevant records, the court shall send a copy of the petition 
and final order to--

    (1) the Attorney General of the United States;

    (2) the chief law enforcement officer of the State in which 
 the crime was committed;

    (3) the chief law enforcement officer of the State in which 
 the eligible incarcerated firefighter resides;

    (4) any local law enforcement agency that serves the 
 jurisdiction in which the crime was committed; and

    (5) any local law enforcement agency that serves the 
 jurisdiction in which the eligible incarcerated firefighter 
 resides.

    (e) Effect of Expungement.--

    (1) In general.--An order granting expungement under this 
 section shall restore the eligible incarcerated firefighter 
 concerned, in the contemplation of the law, to the status such 
 individual occupied before the arrest or institution of 
 criminal proceedings for the offense that was the subject of 
 the expungement.

    (2) Sentencing.--In determining an appropriate sentence for 
 unrelated subsequent criminal conduct, a court of the United 
 States shall not consider an expunged criminal conviction for 
 the purposes of determining the appropriate sentencing range 
 pursuant to the United States Sentencing Guidelines, or to 
 sentence a person outside of that sentencing range.

    (3) No disqualification; statements.--An eligible 
 incarcerated firefighter whose petition under this section is 
 granted shall not be required to divulge information pertaining 
 to the offense with regard to which expungement was granted, 
 nor shall such firefighter be held under any provision of law 
 guilty of perjury, false answering, or making a false statement 
 by reason of the failure of the firefighter to recite or 
 acknowledge such arrest or institution of criminal proceedings, 
 or results thereof, in response to an inquiry made of the 
 firefighter for any purpose. The fact that such firefigher has 
 been convicted of the offense concerned shall not operate as a 
 disqualification of such individual to pursue or engage in any 
 lawful activity, occupation, or profession.

    (4) Records expunged.--Except as provided under subsection

    (f) , on the grant of a petition under this section, the 
 following shall be expunged:
        (A) Any official record relating to the arrest of 
 the eligible incarcerated firefighter, the institution 
 of criminal proceedings against the firefighter, or the 
 results thereof including conviction for the offense 
 with regard to which expungement is sought.
        (B) Any reference in any official record to the 
 arrest of the eligible incarcerated firefighter, the 
 institution of criminal proceedings against the 
 firefighter, or the results thereof including 
 conviction for the offense with regard to which 
 expungement is sought.

    (5) Exceptions.--The Attorney General may make rules 
 providing for exceptions to paragraph

    (4) as the Attorney 
 General determines necessary to serve the interests of justice 
 and public safety.

    (f) Disclosure of Expunged Records.--

    (1) Department of justice records.--The Attorney General 
 shall retain an unaltered nonpublic copy of--
        (A) any record that is expunged; and
        (B) any record containing a reference that is 
 expunged.

    (2) Law enforcement 

=== purposes ===
-The Attorney General shall 
 maintain a nonpublic index of the records described under 
 paragraph

    (1) containing, for each such record, only the name 
 of, and alphanumeric identifiers that relate to, the eligible 
 incarcerated firefighter who is the subject of such record, the 
 word ``expunged'', and the name of the person, agency, office, 
 or department that has custody of the expunged record, and 
 shall not name the offense committed. The index shall be made 
 available only to an entity to which records may be made 
 available under paragraph

    (4) or to any Federal or State law 
 enforcement agency that has custody of such records.

    (3) Court records.--The court shall retain an unaltered 
 nonpublic copy of--
        (A) any record that is expunged; and
        (B) any record containing a reference that is 
 expunged.

    (4) Authorized disclosures.--
        (A) In general.--Except as provided in subparagraph
        (B) , any record described in paragraph

    (1) pertaining 
 to an individual may be made available only--
            (i) to the eligible incarcerated 
 firefighter;
            (ii) to a Federal or State court or 
 Federal, State, or local law enforcement 
 agency, in the case of a criminal investigation 
 or prosecution of an individual or in 
 conducting a background check on an individual 
 who has applied for employment by such court or 
 agency; or
            (iii) to a Federal or State court or 
 Federal, State, or local law enforcement agency 
 for the exclusive purpose of maintaining 
 accurate official records.
        (B) Authorized disclosure to individuals.--On 
 application of the eligible incarcerated firefighter, 
 the record may be available to an individual identified 
 in the firefighter's application.

    (g) Punishment for Improper Disclosure.--Whoever intentionally 
makes or attempts to make a disclosure, other than a disclosure 
authorized under subsection

    (f) , of any record or reference that is 
expunged under this section, shall be fined under title 18, United 
States Code, imprisoned not more than one year, or both.

    (h) Effective Date.--The amendments made by this section shall 
apply to individuals convicted of an offense before, on, or after the 
date of the enactment of this Act.
            (i) === Definitions. ===
-In this section--

    (1) Eligible incarcerated firefighter.--The term ``eligible 
 incarcerated firefighter'' means an incarcerated firefighter 
 convicted of an offense who has fulfilled the requirements of 
 the sentence of the court in which the firefighter was 
 convicted, including--
        (A) paying, or consistently fulfilling obligations 
 of a payment plan for, all applicable fines, 
 restitutions, or assessments;
        (B) completion of any term of imprisonment or 
 period of probation;
            (C) meeting all conditions of supervised release; 
 and
            (D) if so required by the terms of the sentence, 
 remaining free from dependency on or abuse of alcohol 
 or a controlled substance for a period of not less than 
 1 year.

    (2) Incarcerated firefighter.--The term ``incarcerated 
 firefighter'' shall have the meaning given such term in 

section 3

    (z) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
 203

    (z) ).
 <all>