FIRE Act
- Bill Number
- H.R. 3614
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-05-26: 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 Updated
- 2025-06-25T10:51:30Z
AI-Generated Summary
Purpose
The Fairness, Inclusion, Rehabilitation, and Expungement for Incarcerated Firefighters Act (FIRE Act), H.R. 3614, aims to improve working conditions for people in prison who fight wildfires or perform emergency response duties. It extends federal labor and safety protections to these individuals, offers incentives and funding to states for similar protections, supports job training and placement after release, and allows eligible former incarcerated firefighters to clear (expunge) certain criminal records to aid reintegration into society.
Key Provisions
- Occupational Safety Protections (Sec. 2): Applies the Occupational Safety and Health Act (OSHA) of 1970 to incarcerated firefighters in federal and state prisons. Requires annual reports on workplace safety conditions, injuries, deaths, and compliance in correctional facilities (jails or prisons). The Bureau of Prisons must treat these workers like regular employees for safety purposes.
- Fair Labor Standards (Sec. 3): Amends the Fair Labor Standards Act (FLSA) of 1938 to classify incarcerated firefighters as "employees," entitling them to minimum wage and overtime pay. Excludes deductions for court-imposed fees (like fines or legal costs from convictions) or facility-provided board/lodging from wage calculations. Defines "incarcerated firefighter" as someone in a correctional facility performing firefighting or related emergency work through prison programs or contracts.
- State Incentives (Sec. 4): Modifies the Omnibus Crime Control and Safe Streets Act of 1968 to tie federal crime-fighting grants to states providing OSHA-equivalent safety protections for incarcerated firefighters. States must certify compliance and submit annual safety reports; reserves $400,000 yearly for implementation.
- State Assistance Grants (Sec. 5): Authorizes $100 million annually (2026–2031) from the Department of Labor for states to update and enforce safety laws covering incarcerated firefighters, including inspections and penalties for violations.
- Reentry Support Grants (Sec. 6): Adds a program under the Workforce Innovation and Opportunity Act for grants to nonprofits, local boards, governments, or Native American entities. Funds job training, placement, mentoring, and best practices for former incarcerated firefighters during their first 180 days after release.
- Record Expungement (Sec. 7): Allows eligible individuals (those who completed sentences, including fines, probation, and sobriety requirements) to petition courts to seal arrest, prosecution, and conviction records for offenses. Courts must grant petitions after 7 years (mandatory) or 1 year (discretionary) of sentence completion. Expunged records restore pre-arrest legal status, prevent discrimination in jobs or activities, and limit disclosures to law enforcement needs only. Applies to convictions before, on, or after enactment; improper disclosure is punishable by fines or up to 1 year in prison.
Significant Changes to Existing Law
- Expands OSHA and FLSA Coverage: Previously, incarcerated workers were often exempt from federal safety (OSHA) and wage (FLSA) protections, treated more like program participants than employees. This bill explicitly includes incarcerated firefighters under these laws, redefining them as employees of public agencies or private prison operators.
- Reporting Requirements: Introduces mandatory annual reports on safety and health in prisons, previously not required for incarcerated workers.
- Grant Conditions: Links federal funding (e.g., crime control grants) to state adoption of protections, creating new incentives absent before.
- Expungement Process: Establishes a new federal mechanism for sealing records tied to completed sentences, with timelines and procedures not previously available specifically for this group. Courts gain discretion for waivers in extenuating cases, and expungement effects (e.g., no perjury for non-disclosure) go beyond typical state-level sealing laws.
Potential Impacts
- On Government Agencies: Federal agencies like the Department of Labor, Bureau of Prisons, and Department of Justice must enforce new standards, conduct reporting, and manage grants, potentially increasing administrative costs but improving oversight. States may face higher expenses for wages, safety upgrades, and compliance but gain federal funding support.
- On Citizens: Incarcerated firefighters (estimated thousands annually, especially in wildfire-prone states like California) could see better pay (at least federal minimum wage), safer conditions reducing injuries/deaths, and easier reentry through training and record clearing, lowering recidivism and aiding workforce participation.
- On International Relations: Minimal direct impact, though it could indirectly enhance U.S. image on criminal justice reform and labor rights, potentially influencing global discussions on prisoner treatment.
Main Stakeholders Affected
- Incarcerated and Formerly Incarcerated Firefighters: Primary beneficiaries through protections, wages, reentry aid, and expungement opportunities.
- Correctional Facilities and Operators: Public prisons, private contractors, and state/local governments must comply with safety/labor rules, report incidents, and potentially raise wages or improve equipment.
- Federal and State Agencies: Department of Labor (enforcement/grants), Bureau of Prisons (federal implementation), Department of Justice (expungement oversight), and state workforce boards (reentry programs).
- Firefighting and Emergency Services: Could benefit from trained ex-inmates entering the workforce, addressing shortages in wildfire response.
- Nonprofits and Communities: Eligible for reentry grants; communities gain from reduced recidivism and safer prison labor practices.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens enforcement of labor rights for prisoners, potentially leading to lawsuits if states fail to comply; expungement provisions align with rehabilitation goals but include exceptions for public safety, balancing individual rights with law enforcement needs. Defines terms like "correctional facility" and "court-imposed fee" to clarify application.
- Constitutional: Addresses Eighth Amendment concerns on cruel/unusual punishment by mandating safety standards, and Fourteenth Amendment equal protection by treating incarcerated firefighters like other workers. No major challenges anticipated, as it builds on existing federal labor frameworks.
- Political: Advances criminal justice reform by emphasizing rehabilitation over punishment, appealing to bipartisan interests in wildfire management and prison cost savings. Could spark debates on prisoner wages versus fiscal burdens on states, influencing future legislation on inmate labor.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Kamlager-Dove, Sydney [D-CA-37]
Cosponsors (11)
Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. McIver, LaMonica [D-NJ-10], Rep. Moore, Barry [R-AL-1], Rep. Rutherford, John H. [R-FL-5], Rep. Ivey, Glenn [D-MD-4], Rep. Chu, Judy [D-CA-28], Rep. Lieu, Ted [D-CA-36], Rep. Waters, Maxine [D-CA-43], Rep. Fields, Cleo [D-LA-6], Rep. Tlaib, Rashida [D-MI-12], Rep. Garamendi, John [D-CA-8]
Recent Actions
- 2025-05-26: 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.
- 2025-05-26: 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.
- 2025-05-26: Introduced in House
- 2025-05-26: Introduced in House
Bill Versions
- Fairness, Inclusion, Rehabilitation, and Expungement for Incarcerated Firefighters Act — issued 2025-05-26 — PDF (23 pages)