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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4866 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 174
118th CONGRESS
  1st Session
                                H. R. 4866

                          [Report No. 118-214]

  To direct the Administrator of the National Oceanic and Atmospheric 
Administration to establish a program to improve fire weather and fire 
 environment forecasting, detection, and local collaboration, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2023

 Mr. Mike Garcia of California (for himself, Ms. Caraveo, and Mrs. Kim 
of California) introduced the following bill; which was referred to the 
              Committee on Science, Space, and Technology

                           September 22, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               25, 2023]

_______________________________________________________________________

                                 A BILL

 
  To direct the Administrator of the National Oceanic and Atmospheric 
Administration to establish a program to improve fire weather and fire 
 environment forecasting, detection, and local collaboration, 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 ``Fire Weather Development Act of 
2023''.

SEC. 2. FIRE WEATHER FORECASTING AND DETECTION.

    (a) Establishment.--The Administrator of the National Oceanic and 
Atmospheric Administration, shall establish a program (in this Act 
referred to as the ``Program'') to improve fire weather and fire 
environment forecasting, detection, and delivery of products or 
services through collaboration with Federal and State agencies or 
departments, local emergency mangers, and relevant entities.
    (b) Goals.--The goals of the Program shall be to develop and 
improve accurate fire weather and fire environment forecasts and 
warnings in order to reduce loss of life, reduce injuries, protect 
property, and reduce damage to the economy from wildfires. The Program 
shall seek to improve the assessment of fire weather and fire 
environments, the understanding and prediction of wildfires, and the 
communications regarding such assessments with State and local 
emergency officials in a timely and streamlined fashion, with a focus 
on improving the following:
            (1) The prediction of ignition, intensification and spread 
        of wildfires.
            (2) The observation and monitoring of fire weather and fire 
        environments.
            (3) The forecast and communication of smoke dispersion from 
        wildfires.
            (4) Information dissemination and risk communication to 
        develop more effective watch and warning products relating to 
        wildfires.
            (5) The early detection of wildfires, including pre-
        ignition analysis and ground condition characterizations.
            (6) The development, testing, and deployment of novel tools 
        and techniques related to understanding, monitoring, and 
        predicting fire weather and fire environments.
            (7) The understanding and association of climate change and 
        its impacts on fire weather and fire environments.
            (8) The unique characteristics, including observation or 
        modeling requirements, related to fires at the wildland-urban 
        interface.
            (9) The forecasting and understanding of the impacts of 
        prescribed burns (as such term is defined in section 2 of the 
        Prescribed Burn Approval Act of 2016 (16 U.S.C. 551c-1 note)).
    (c) Collaboration With Stakeholders.--In developing the Program 
required under this section, the Administrator of the National Oceanic 
and Atmospheric Administration shall solicit and take into 
consideration input from the weather industry, such academic entities 
as the Administrator considers appropriate, and other relevant 
stakeholders.
    (d) Activities.--To achieve the goals specified in subsection (b), 
the Administrator of the National Oceanic and Atmospheric 
Administration may conduct research, development, testing, 
demonstration, and operational transition activities related to fire 
weather and fire environments, including regarding the following:
            (1) Tools and services to inform, support, and complement 
        active land management, local emergency personnel, the United 
        States Forest Service, and State, local, and Tribal entities 
        during their response and mitigation efforts.
            (2) Sensing technologies, such as infrared, microwave, and 
        active sensors suitable for potential deployment on spacecraft, 
        aircraft, and unmanned aircraft systems, to improve the 
        monitoring and forecasting of fire fuel and active wildfires, 
        wildfire behavior models and forecasts, mapping efforts, and 
        the prediction of wildfires and the impacts of such.
            (3) Grid-based assessments and outlooks of fuel moisture 
        and danger levels.
            (4) Social and behavior sciences related to fire weather 
        and fire environment warning products.
            (5) Advanced satellite detection products coupled with 
        atmosphere and fire weather modeling systems.
            (6) Education and training to expand the number of students 
        and researchers in areas of study and research related to 
        wildfires, fire weather, and fire environments.
            (7) Modeling systems to link long-term climate predictions 
        to localized or general land management decisions.
            (8) Communication and outreach to communities, energy 
        utilities, owners and operators of critical infrastructure, and 
        other relevant stakeholders regarding fire weather and fire 
        environment risk.
            (9) Stewardship and dissemination, to the extent 
        practicable, of National Oceanic and Atmospheric Administration 
        scientific data and related products and services in formats 
        meeting shared standards to enhance the interoperability, 
        usability, and accessibility of such data in order to better 
        meet the needs of the National Oceanic and Atmospheric 
        Administration, other Federal agencies, and relevant 
        stakeholders.
            (10) Improvement of spatial and temporal resolution 
        observations.
            (11) Any other topic or activity the Administrator 
        determines relevant.
    (e) Novel Tools for Monitoring and Prediction.--The Administrator 
of the National Oceanic and Atmospheric Administration, in consultation 
with the heads of the agencies specified in section 3, or other 
appropriate stakeholders, including commercial partners, shall develop 
novel tools and technologies to support the activities of the Program 
and which may be applied to broader wildland fire research, monitoring, 
and mitigation activities, as practicable and appropriate.
    (f) Extramural Research.--The Administrator of the National Oceanic 
and Atmospheric Administration shall collaborate with and support the 
non-Federal wildland fire research community, which includes 
institutions of higher education, private sector entities, 
nongovernmental organizations, and other relevant stakeholders, by 
making funds available through competitive grants, contracts, and 
cooperative agreements.
    (g) Commercial Data.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Administrator of the National 
        Oceanic and Atmospheric Administration, in consultation with 
        the heads of other Federal agencies and relevant stakeholders, 
        may enter into contracts with one or more private sector 
        entities to obtain additional airborne and space-based data and 
        observations that may enhance or supplement the understanding, 
        monitoring, and prediction, of fire weather and fire 
        environments, and the relevant Program activities under this 
        section.
            (2) Consultation.--In carrying out activities under 
        paragraph (1), the Administrator of the National Oceanic and 
        Atmospheric Administration shall consult with private sector 
        entities through the National Advisory Committee on Wildfires 
        under section 4 to identify needed tools and data that can be 
        best provided by National Oceanic and Atmospheric 
        Administration satellites and are most beneficial to wildfire 
        and smoke detection and monitoring.
    (h) Nonduplication.--To the maximum extent practicable, the 
Administrator of the National Oceanic and Atmospheric Administration 
shall consult with the National Interagency Fire Center, including the 
Joint Fire Science Program, to avoid duplication of activities under 
this section and ensure the Administration's focus on unique research 
activities best suited for transition to operations.
    (i) Unmanned Aircraft Systems.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration shall--
                    (A) assess the role and potential benefits of 
                unmanned aircraft systems to improve data collection in 
                support of fire weather and fire environment modeling, 
                meteorological observations, predictions, and 
                forecasts;
                    (B) identify objectives for testing such systems' 
                use for obtaining fire weather and fire environment 
                observations, and other relevant activities; and
                    (C) transition unmanned aircraft systems 
                technologies from research to operations as the 
                Administrator considers appropriate.
            (2) Briefing.--Not later than 270 days after the date of 
        enactment of the Act, the Administrator of the National Oceanic 
        and Atmospheric Administration shall brief the appropriate 
        committees of Congress on the activities under paragraph (1).
            (3) Pilot programs.--Not later than 18 months after the 
        date of the enactment of this Act, the Administrator of the 
        National Oceanic and Atmospheric Administration may conduct 
        pilot programs of unmanned aircraft systems for fire weather 
        and fire environment observations, including relating to the 
        following:
                    (A) Testing of unmanned aircraft systems in 
                approximations of real-world scenarios.
                    (B) Assessment of the utility of meteorological 
                data collected from fire response and assessment 
                aircraft.
                    (C) Input into appropriate models of collected data 
                to predict fire behavior, including coupled atmosphere 
                and fire models.
                    (D) Collection of best management practices for 
                deployment of unmanned aircraft systems for fire 
                weather and fire environment observations.
            (4) Prohibition.--
                    (A) In general.--Except as provided under 
                subparagraphs (B) and (C), the Administrator of the 
                National Oceanic and Atmospheric Administration may not 
                procure any unmanned aircraft system that is 
                manufactured or assembled by an entity in a foreign 
                country of concern.
                    (B) Exemption.--The prohibition under subparagraph 
                (A) shall not apply to the Administrator of the 
                National Oceanic and Atmospheric Administration if the 
                Administrator determines, in consultation with the 
                Secretary of Homeland Security, that the procurement of 
                an unmanned aircraft system is necessary for the sole 
                purpose of marine or atmospheric science or management.
                    (C) Waiver.--The Administrator of the National 
                Oceanic and Atmospheric Administration may waive the 
                prohibition under subparagraph (A) on a case-by-case 
                basis--
                            (i) with the approval of the Secretary of 
                        Homeland Security; and
                            (ii) upon written or electronic 
                        notification to appropriate committees of 
                        Congress not later than 30 days after any such 
                        waiver.
            (5) Airspace operations system.--The Administrator of the 
        National Oceanic and Atmospheric Administration, in cooperation 
        with the Administrator of the National Aeronautics and Space 
        Administration, shall utilize the capabilities of unmanned 
        aircraft systems as appropriate for fire weather and fire 
        environment observations, and may use a wildfire airspace 
        operations system that accounts for piloted aircraft, unmanned 
        aircraft systems, and other new and emerging capabilities after 
        such airspace operations system is developed and determined 
        ready for operational use by the Administrator of the National 
        Aeronautics and Space Administration.
            (6) Authorization of appropriations.--From amounts made 
        available for Procurement, Acquisition, and Construction of the 
        National Oceanic and Atmospheric Administration, there is 
        authorized to be appropriated $5,000,000 for fiscal year 2024 
        to carry out this section.
    (j) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Science, Space, and Technology and the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.
            (2) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given such term in section 
        1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
            (3) Foreign country of concern.--The term ``foreign country 
        of concern'' has the meaning given such term in section 9901 of 
        the William M. (Mac) Thornberry National Defense Authorization 
        Act for Fiscal Year 2021 (15 U.S.C. 4651).
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (5) Unmanned aircraft system.--The term ``unmanned aircraft 
        system'' has the meaning given such term in section 44801 of 
        title 49, United States Code.
            (6) Weather industry.--The term ``weather industry'' has 
        the meaning given such term in section 2 of the Weather 
        Research and Forecasting Innovation Act of 2017 (15 U.S.C. 
        8501).

SEC. 3. INTERAGENCY COORDINATING COMMITTEE ON WILDFIRES.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Director of the Office of Science and 
Technology Policy shall establish an interagency coordinating committee 
to be known as the ``Interagency Coordinating Committee on Wildfires'' 
(in this section referred to as the ``Committee''). The chair of the 
Committee shall be the Administrator of the National Oceanic and 
Atmospheric Administration.
    (b) Purpose.--The Committee shall coordinate the development of 
accurate and timely wildfire forecasting, detection, monitoring, and 
delivery of related products or services that best assist State and 
local emergency officials while avoiding duplication of activities.
    (c) Membership.--In addition to the chair, the Committee shall be 
composed of the heads or appropriate designees of the following program 
agencies:
            (1) The Federal Emergency Management Agency.
            (2) The United States Fire Administration.
            (3) The United States Forest Service.
            (4) The National Aeronautics and Space Administration.
            (5) The Department of the Interior.
            (6) The Department of Agriculture.
            (7) The United States Geological Survey.
            (8) The Office of Science and Technology Policy.
            (9) Any other Federal department or agency the Director of 
        the Office of Science and Technology Policy considers 
        appropriate.
    (d) Strategic Plan.--Not later than one year after the date of the 
enactment of this Act, the Committee shall submit to Congress a 
strategic plan for the Program that includes the following:
            (1) A description of short-term, mid-term, and long-term 
        objectives to achieve the purpose specified in subsection (b).
            (2) A description of how agencies specified in subsection 
        (c) will collaborate with stakeholders and take into account 
        stakeholder needs and recommendations in developing such 
        objectives.
            (3) A description of existing and new observational and 
        data infrastructure needed to accomplish such objectives.
            (4) A description of the role of each such agency in 
        achieving such objectives.
            (5) Guidance regarding how the Committee's recommendations 
        are best used in climate adaptation planning for Federal, 
        State, local, Tribal, and territorial entities.
    (e) Interagency Agreements.--The heads of agencies specified in 
subsection (c) may enter into one or more interagency agreements 
providing for cooperation and collaboration in the development of 
wildfire forecasting, detection, and monitoring tools, instruments, 
technologies, and research to accomplish the purpose described in 
subsection (b).
    (f) Collaboration.--The head of each agency specified in subsection 
(c) shall, to the extent practicable, increase engagement and 
cooperation with international, academic, State, and local communities 
regarding the infrastructure, data, and scientific research necessary 
to best advance the forecasting, detection, and monitoring of and 
preparation for wildfires.

SEC. 4. NATIONAL ADVISORY COMMITTEE ON WILDFIRES.

    (a) Establishment.--
            (1) In general.--Not later than 90 days after the 
        submission of the strategic plan required by section 3(d), the 
        Director of the Office of Science and Technology Policy shall 
        establish a national advisory committee to be known as the 
        ``National Advisory Committee on Wildfires'' (in this section 
        referred to as the ``Advisory Committee''). The Advisory 
        Committee shall consist of not fewer than seven and not more 
        than 15 members who are qualified to provide advice regarding 
        wildfire forecasting, detection, monitoring, and delivery of 
        related products or services, including from the following 
        entities:
                    (A) Research and academic institutions.
                    (B) Public communication or broadcast entities.
                    (C) Emergency management agencies.
                    (D) State, local, or Tribal governments.
                    (E) The National Association of State Foresters.
                    (F) Business communities.
                    (G) Other entities as designated by the Director of 
                the Office of Science and Technology Policy.
            (2) Prohibition.--Members of the Advisory Committee may not 
        be employees of the Federal Government.
    (b) Assessment.--The Advisory Committee shall offer assessments and 
recommendations relating to the following:
            (1) Tailored forecasting, detection, and monitoring 
        products and tools.
            (2) Communication and delivery methods of wildfire 
        forecasting, detection, and monitoring information.
            (3) Opportunities to streamline Federal forecasting, 
        monitoring, and detection information to local emergency 
        personnel and communities.
            (4) The management, coordination, implementation, and 
        activities of the Interagency Coordinating Committee on 
        Wildfires under section 3.
            (5) The effectiveness of the Interagency Coordinating 
        Committee on Wildfires in meeting its purposes.
    (c) Compensation.--Members of the Advisory Committee shall serve 
without compensation.
    (d) Reports.--Not less frequently than biennially, the Advisory 
Committee shall report to the Director of the Office of Science and 
Technology Policy on the assessments carried out under subsection (b) 
and its recommendations for ways to improve the coordination and 
dissemination of wildfire forecasts, warnings, and detection and 
monitoring information.
    (e) Charter.--Notwithstanding section 1013(b)(2) of title 5, United 
States Code, the Advisory Committee shall not be required to file a 
charter subsequent to its initial charter, filed under section 1008(c) 
of such title, before the termination date specified in subsection (f) 
of this section.
    (f) Termination.--The Advisory Committee shall terminate on 
September 30, 2028.
    (g) Conflict of Interest.--An Advisory Committee member shall 
recuse himself or herself from any Advisory Committee activity in which 
he or she has an actual pecuniary interest.

SEC. 5. ESTABLISHMENT OF FIRE WEATHER TESTBED.

    (a) In General.--The Administrator of the National Oceanic and 
Atmospheric Administration shall establish a fire weather testbed to 
enable engagement across the Federal Government, State and local 
governments, academia, private and federally funded research 
laboratories, the private sector, and end-users in order to evaluate 
the accuracy and usability of technology, models, fire weather products 
and services, and other research to accelerate the implementation, 
transition to operations, and use of new capabilities by the National 
Oceanic and Atmospheric Administration, Federal and land management 
agencies, and other relevant stakeholders.
    (b) Resources.--In carrying out this section, the Administrator of 
the National Oceanic and Atmospheric Administration may not transfer or 
reprogram any funds, detail any personnel, or make use of any 
infrastructure from cooperative institutes of the National Oceanic and 
Atmospheric Administration in existence as of the date of the enactment 
of this Act for the fire weather testbed established under subsection 
(a).
    (c) Authorization of Appropriations.--From amounts made available 
for Procurement, Acquisition, and Construction of the National Oceanic 
and Atmospheric Administration, there is authorized to be appropriated 
$15,000,000 for fiscal year 2024 to carry out this section.

SEC. 6. INCIDENT METEOROLOGIST WORKFORCE.

    (a) Workforce and Training Assessment.--Not later than six months 
after the date of the enactment of this Act, the Administrator of the 
National Oceanic and Atmospheric Administration shall submit to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate the results of an assessment of National 
Weather Service workforce and training challenges for Incident 
Meteorologists, and a roadmap for overcoming such challenges. Such 
assessment shall take into consideration information technology 
support, logistical and administrative operations, anticipated weather 
and climate conditions, and feedback from relevant stakeholders, and 
shall include, to the maximum extent practicable, an identification by 
the National Weather Service of the following:
            (1) The expected number of Incident Meteorologists needed 
        over the next five years.
            (2) Potential hiring authorities necessary to overcome any 
        identified workforce and training challenges.
            (3) Alternative services or assistance options the National 
        Weather Service could provide to meet operational needs.
    (b) Overtime Pay.--
            (1) In general.--Any premium pay for services performed by 
        Incident Meteorologists of the National Weather Service that 
        are determined by the Secretary of Commerce to be primarily 
        related to emergency wildland fire suppression activities shall 
        be disregarded in calculating the aggregate of such employee's 
        basic pay and premium pay for purposes of a limitation under 
        section 5547 of title 5, United States Code, or under any other 
        provision of law.
            (2) Rates.--Section 5542(a)(5) of title 5, United States 
        Code, is amended by inserting ``, the National Weather 
        Service,'' after ``Interior''.

SEC. 7. RESEARCH ON WILDLAND FIRE COMMUNICATIONS AND INFORMATION 
              DISSEMINATION.

    (a) In General.--
            (1) Public safety research.--Not later than 60 days after 
        the date of the enactment of this Act, the Director, acting 
        through the head of the Public Safety and Communications 
        Research Division and in consultation with the Fire Research 
        Division and technology manufacturers, shall carry out research 
        on the following:
                    (A) Public safety communication coordination 
                standards among Federal, State, Tribal, and local 
                wildland firefighters, fire management response 
                officials, and member agencies.
                    (B) Improving and integrating existing 
                communications systems to transmit secure real-time 
                data, alerts, and advisories to and from fire 
                management response officials and wildland 
                firefighters.
            (2) Field testing and measurement of information 
        dissemination and technology.--The Public Safety and 
        Communications Research Division, in consultation with the Fire 
        Research Division and member agencies, shall conduct both live 
        and virtual field testing of equipment, software, and other 
        technologies to determine current times of information 
        dissemination and develop standards for the delivery of useful 
        and secure real-time data among member agencies, fire 
        management response officials, and wildland firefighters, based 
        on findings from research under subsection (a).
    (b) Recommendations.--
            (1) In general.--The Director shall develop and publish 
        recommendations to improve public safety communication 
        coordination standards among wildland first responders and fire 
        management response officials.
            (2) Transmittal.--The Director shall transmit the 
        recommendations under paragraph (1) to the Office of Management 
        and Budget and the Office of Science and Technology Policy for 
        member agencies to implement.
            (3) Reporting requirements.--
                    (A) In general.--The Director shall submit to the 
                Committee on Science, Space, and Technology of the 
                House of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate a report 
                containing the recommendations published under 
                paragraph (1).
                    (B) Implementation.--Not later than 1 year after 
                the date of the publication of the Director's 
                recommendations under paragraph (1), the Comptroller 
                General of the United States shall submit to the 
                Committee on Science, Space, and Technology of the 
                House of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate a report on 
                the extent to which member agencies have implemented 
                such recommendations.
    (c) Funding.--From amounts made available to the National Institute 
of Standards and Technology, the Director shall allocate $3,000,000 for 
each of fiscal years 2024 through 2028 to carry out this section.
    (d) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
            (2) Member agency.--The term ``member agency'' means a 
        member agency of the National Interagency Fire Center, 
        including the Bureau of Indian Affairs, Bureau of Land 
        Management, National Park Service, National Oceanic and 
        Atmospheric Administration, U.S. Fish and Wildlife Service, 
        Forest Service, United States Fire Administration, and the 
        Department of Defense.
            (3) Wildland firefighter.--The term ``wildland 
        firefighter'' means any person who participates in wildland 
        firefighting activities.
            (4) Fire management response officials.--The term ``fire 
        management response officials'' means regional fire directors, 
        deputy regional fire directors, agency officials who directly 
        oversee fire operations, fire management officers, and 
        individuals serving on incident management teams.
            (5) Technology manufacturers.--The term ``technology 
        manufacturers'' means private sector entities that manufacture 
        communications technologies used by Federal, State, Tribal, or 
        local wildland fire authorities.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Fire environment.--The term ``fire environment'' 
        means--
                    (A) the environmental conditions, such as soil 
                moisture, vegetation, topography, snowpack, atmospheric 
                temperature, moisture, and wind, that influence--
                            (i) fuel and fire behavior; and
                            (ii) smoke dispersion and transport; and
                    (B) the associated environmental impacts occurring 
                during and after fire events.
            (2) Fire weather.--The term ``fire weather'' means the 
        weather conditions that influence the start, spread, character, 
        or behavior of wildfires or fires at the wildland-urban 
        interface and relevant meteorological and chemical phenomena, 
        including air quality, smoke, and meteorological parameters 
        such as relative humidity, air temperature, wind speed and 
        direction, and atmospheric composition and chemistry, including 
        emissions and mixing heights.
                                                 Union Calendar No. 174

118th CONGRESS

  1st Session

                               H. R. 4866

                          [Report No. 118-214]

_______________________________________________________________________

                                 A BILL

  To direct the Administrator of the National Oceanic and Atmospheric 
Administration to establish a program to improve fire weather and fire 
 environment forecasting, detection, and local collaboration, and for 
                            other purposes.

_______________________________________________________________________

                           September 22, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```