[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4237 Reported in Senate (RS)]
<DOC>
Calendar No. 662
117th CONGRESS
2d Session
S. 4237
To establish and maintain a coordinated program within the National
Oceanic and Atmospheric Administration that improves wildfire, fire
weather, fire risk, and smoke related forecasting, detection, modeling,
observations, and service delivery, and to address growing needs in the
wildland-urban interface, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2022
Ms. Cantwell (for herself, Mr. Sullivan, Mr. Lujan, Mr. Padilla, Ms.
Murkowski, and Ms. Rosen) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
December 15, 2022
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish and maintain a coordinated program within the National
Oceanic and Atmospheric Administration that improves wildfire, fire
weather, fire risk, and smoke related forecasting, detection, modeling,
observations, and service delivery, and to address growing needs in the
wildland-urban interface, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Fire
Ready Nation Act of 2022''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Establishment of fire weather services program.
<DELETED>Sec. 4. National Oceanic and Atmospheric Administration data
management.
<DELETED>Sec. 5. Digital fire weather services and data management.
<DELETED>Sec. 6. High-performance computing.
<DELETED>Sec. 7. Government Accountability Office report on fire
weather services program.
<DELETED>Sec. 8. Fire weather testbed.
<DELETED>Sec. 9. Fire weather surveys and assessments.
<DELETED>Sec. 10. Incident Meteorologist Service.
<DELETED>Sec. 11. Automated surface observing system.
<DELETED>Sec. 12. Emergency response activities.
<DELETED>Sec. 13. Government Accountability Office report on
interagency wildfire forecasting,
prevention, planning, and management
bodies.
<DELETED>Sec. 14. Amendments to Infrastructure Investment and Jobs Act
relating to wildfire mitigation.
<DELETED>Sec. 15. Wildfire technology modernization amendments.
<DELETED>Sec. 16. Cooperation; coordination; support to non-Federal
entities.
<DELETED>Sec. 17. International coordination.
<DELETED>Sec. 18. Submissions to Congress regarding the fire weather
services program, incident meteorologist
workforce needs, and National Weather
Service workforce support.
<DELETED>Sec. 19. Authorization of appropriations.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Administration.--The term ``Administration''
means the National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED> (2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Commerce, Science,
and Transportation of the Senate; and</DELETED>
<DELETED> (B) the Committee on Science, Space, and
Technology of the House of Representatives.</DELETED>
<DELETED> (3) Decadal.--The term ``decadal'' means a time
range from multiple years to multiple decades.</DELETED>
<DELETED> (4) Earth system model.--The term ``Earth system
model'' means a mathematical model containing all components of
the Earth, namely the atmosphere, oceans, land, cryosphere, and
biosphere. The Earth system model represents the critical
physical, chemical, and biological processes and the
interactions among those processes in hydrological and
biogeochemical cycles that affect weather and
climate.</DELETED>
<DELETED> (5) Fire environment.--The term ``fire
environment'' means--</DELETED>
<DELETED> (A) the environmental conditions, such as
soil moisture, vegetation, topography, snowpack,
atmospheric temperature, moisture, and wind, that
influence--</DELETED>
<DELETED> (i) fuel and fire behavior;
and</DELETED>
<DELETED> (ii) smoke dispersion and
transport; and</DELETED>
<DELETED> (B) the associated environmental impacts
occurring during and after fire events.</DELETED>
<DELETED> (6) Fire weather.--The term ``fire weather'' means
any type of weather conditions that influence the start,
spread, character, or behavior of wildfire or fires at the
wildland-urban interface and all associated 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.</DELETED>
<DELETED> (7) Impact-based decision support services.--The
term ``impact-based decision support services'' means forecast
advice and interpretative services the Administration provides
to help core partners, such as emergency personnel and public
safety officials, make decisions when weather, water, and
climate impact the lives and livelihoods of the people of the
United States.</DELETED>
<DELETED> (8) Seasonal.--The term ``seasonal'' means a time
range between 3 months and 2 years.</DELETED>
<DELETED> (9) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED> (10) Smoke.--The term ``smoke'' means emissions,
including the gases and particles released into the air as a
result of combustion.</DELETED>
<DELETED> (11) State.--The term ``State'' means a State, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, the United State Virgin Islands, the Federated States
of Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau.</DELETED>
<DELETED> (12) Subseasonal.--The term ``subseasonal'' means
a time range between 2 weeks and 3 months.</DELETED>
<DELETED> (13) Tribal government.--The term ``Tribal
government'' means the recognized governing body of any Indian
or Alaska Native tribe, band, nation, pueblo, village,
community, component band, or component reservation,
individually identified (including parenthetically) in the list
published most recently as of the date of enactment of this Act
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).</DELETED>
<DELETED> (14) Under secretary.--The term ``Under
Secretary'' means the Under Secretary of Commerce for Oceans
and Atmosphere.</DELETED>
<DELETED> (15) Weather enterprise.--The term ``weather
enterprise'' means--</DELETED>
<DELETED> (A) individuals, organizations, offices,
programs, or any other form of entity from public,
private, and academic sectors that contribute to the
research, development, and production of weather
forecast products; and</DELETED>
<DELETED> (B) primary consumers of those weather
forecast products.</DELETED>
<DELETED> (16) Wildfire.--The term ``wildfire'' means any
nonstructure fire that occurs in vegetation or natural fuels,
originating from an unplanned ignition.</DELETED>
<DELETED> (17) Wildland-urban interface.--The term
``wildland-urban interface'' means the area, zone, or region of
transition between unoccupied or undeveloped land and human
development where structures and other human development meet
or intermingle with undeveloped wildland or vegetative
fuels.</DELETED>
<DELETED>SEC. 3. ESTABLISHMENT OF FIRE WEATHER SERVICES
PROGRAM.</DELETED>
<DELETED> (a) In General.--The Under Secretary shall establish and
maintain a coordinated fire weather services program within the
Administration.</DELETED>
<DELETED> (b) Program Functions.--The functions of the program
established under subsection (a), consistent with the priorities
described in section 101 of the Weather Research and Forecasting
Innovation Act of 2017 (15 U.S.C. 8511), shall be--</DELETED>
<DELETED> (1) to support readiness, responsiveness,
understanding, and overall resilience of the United States to
wildfires, fire weather, smoke, and other associated
conditions, hazards, and impacts in built and natural
environments and at the wildland-urban interface;</DELETED>
<DELETED> (2) to collaboratively disseminate accurate,
precise, effective, and timely risk communications, forecasts,
watches, and warnings relating to wildfires, fire weather, air
quality, smoke, and other associated conditions, hazards, and
impacts, as applicable, in collaboration with Federal land
management agencies;</DELETED>
<DELETED> (3) to partner with and support the public,
Federal, State, and Tribal governments, and academic and local
partners through the development of capabilities, impact-based
decision support services, and overall service delivery and
utility;</DELETED>
<DELETED> (4) to conduct and support research and
development of new and innovative models, technologies,
techniques, products, systems, processes, and procedures to
improve understanding of wildfires, fire weather, air quality,
the fire environment, including impacts of climate variability
and changing climate conditions, smoke, and associated
conditions, hazards, and impacts, and to transition such
research into effective operations;</DELETED>
<DELETED> (5) to develop strong research-to-operations and
operations-to-research transitions, in order to facilitate
delivery of products, services, and tools to operational users
and platforms; and</DELETED>
<DELETED> (6) to develop, in coordination with Federal land
management agencies, impact-based decision support services
that operationalize and integrate the functions described in
paragraphs (1) through (5) in order to provide comprehensive
impact-based decision support services that encompass the fire
environment.</DELETED>
<DELETED> (c) Program Priorities.--In developing and implementing
the program established under subsection (a), the Under Secretary shall
prioritize--</DELETED>
<DELETED> (1) development of a fire weather-enabled Earth
system model and data assimilation systems that--</DELETED>
<DELETED> (A) are capable of prediction and
forecasting across all timescales;</DELETED>
<DELETED> (B) include variables associated with fire
weather, air quality from smoke, and the fire
environment, and other variables, as determined by the
Under Secretary;</DELETED>
<DELETED> (C) improve understanding of the
connections between fire weather and modes of climate
variability; and</DELETED>
<DELETED> (D) incorporate emerging techniques such
as artificial intelligence, machine learning, and cloud
computing;</DELETED>
<DELETED> (2) advancement of observational capabilities,
including satellite-, airborne-, air-, and ground-based systems
and technologies that--</DELETED>
<DELETED> (A) identify--</DELETED>
<DELETED> (i) high-risk pre-ignition
conditions;</DELETED>
<DELETED> (ii) conditions that influence
fire behavior and spread including those
conditions that suppress active fire events;
and</DELETED>
<DELETED> (iii) fire risk values;</DELETED>
<DELETED> (B) support real-time notification of
ignitions;</DELETED>
<DELETED> (C) support observations and data
collection of fire weather and fire environment
variables for development of the model and systems
under paragraph (1); and</DELETED>
<DELETED> (D) support forecasts and advancing
understanding and research of the impacts of wildfires
on human health, ecosystems, climate, transportation,
and economies; and</DELETED>
<DELETED> (3) development and implementation of advanced and
user-oriented impact-based decision tools, science, and
technologies that--</DELETED>
<DELETED> (A) ensure real-time and retrospective
data, products, and services are findable, accessible,
interoperable, usable, inform further research, and are
analysis- and decision-ready;</DELETED>
<DELETED> (B) provide targeted information
throughout the fire lifecycle including pre-ignition,
detection, forecasting, post-fire, and monitoring
phases; and</DELETED>
<DELETED> (C) support early assessment of post-fire
hazards, such as air quality, debris flows, mudslides,
and flooding.</DELETED>
<DELETED> (d) Program Activities.--In developing and implementing
the program established under subsection (a), the Under Secretary may--
</DELETED>
<DELETED> (1) conduct relevant physical and social science
research activities in support of the functions described in
subsection (b) and the priorities described in subsection
(c);</DELETED>
<DELETED> (2) conduct relevant activities, in coordination
with Federal land management agencies, to assess fuel
characteristics, including moisture, loading, and other
parameters used to determine fire risk levels and
outlooks;</DELETED>
<DELETED> (3) support and conduct research that assesses
impacts to marine, riverine, and other relevant ecosystems,
which may include forest and rangeland ecosystems, resulting
from activities associated with mitigation of and response to
wildfires;</DELETED>
<DELETED> (4) support and conduct attribution science
research relating to wildfires, fire weather, fire risk, smoke,
and associated conditions, risks, and impacts;</DELETED>
<DELETED> (5) develop smoke and air quality forecasts,
forecast guidance, and prescribed burn weather forecasts, and
conduct research on the impact of such forecasts on response
behavior that minimizes health-related impacts from smoke
exposure;</DELETED>
<DELETED> (6) use, in coordination with Federal land
management agencies, wildland fire resource intelligence to
inform fire environment impact-based decision support products
and services for safety;</DELETED>
<DELETED> (7) evaluate and provide data, tools, and services
to support determinations for the implementation of mitigation
measures such as prescribed burns and selective
thinning;</DELETED>
<DELETED> (8) provide comprehensive training to ensure staff
of the program established under subsection (a) is properly
equipped to deliver the impact-based decision support products
and services described in paragraphs (1) through (6);
and</DELETED>
<DELETED> (9) acquire through contracted purchase private
sector-produced observational data to fill identified gaps, as
needed.</DELETED>
<DELETED> (e) Collaboration; Agreements.--</DELETED>
<DELETED> (1) Collaboration.--The Under Secretary shall, as
the Under Secretary considers appropriate, collaborate and
consult with partners in the weather and climate enterprises,
academic institutions, States, Tribal governments, local
partners, and Federal agencies, including land and fire
management agencies, in the development and implementation of
the program established under subsection (a).</DELETED>
<DELETED> (2) Agreements.--The Under Secretary may enter
into agreements in support of the functions described in
subsection (b), the priorities described in subsection (c), the
activities described in subsection (d), and activities carried
out under section 8.</DELETED>
<DELETED>SEC. 4. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION DATA
MANAGEMENT.</DELETED>
<DELETED> Section 301 of the Weather Research and Forecasting
Innovation Act of 2017 (15 U.S.C. 8531) is amended--</DELETED>
<DELETED> (1) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively; and</DELETED>
<DELETED> (2) by inserting after subsection (e) the
following:</DELETED>
<DELETED> ``(f) Data Availability and Management.--</DELETED>
<DELETED> ``(1) In general.--The Under Secretary shall--
</DELETED>
<DELETED> ``(A) make data and metadata generated or
collected by the National Oceanic and Administration
that the Under Secretary has the legal right to
redistribute fully and openly available, in accordance
with chapter 35 of title 44, United States Code and the
Foundations for Evidence-Based Policymaking Act of 2018
(Public Law 115-435; 132 Stat. 5529) and the amendments
made by that Act, and preserve and curate such data and
metadata, in accordance with chapter 31 of title 44,
United States Code (commonly known as the `Federal
Records Act of 1950'), in order to maximize use of such
data and metadata; and</DELETED>
<DELETED> ``(B) manage and steward the access,
archival, and retrieval activities for the data and
metadata described in subparagraph (A) by--</DELETED>
<DELETED> ``(i) using--</DELETED>
<DELETED> ``(I) enterprise-wide
infrastructure, emerging technologies,
commercial partnerships, and the
skilled workforce needed to provide
appropriate data management from
collection to broad access;
and</DELETED>
<DELETED> ``(II) associated
information services; and</DELETED>
<DELETED> ``(ii) pursuing the maximum
interoperability of data and information by--
</DELETED>
<DELETED> ``(I) leveraging data,
information, knowledge, and tools from
across the Federal Government to
support equitable access, cross-
sectoral collaboration and innovation,
and local planning and decision-making;
and</DELETED>
<DELETED> ``(II) developing
standards and practices for the
adoption and citation of digital object
identifiers for datasets, models, and
analytical tools.</DELETED>
<DELETED> ``(2) Collaboration.--In carrying out this
subsection, the Under Secretary shall collaborate with such
Federal partners and stakeholders as the Under Secretary
considers relevant--</DELETED>
<DELETED> ``(A) to develop standards to pursue
maximum interoperability of data, information,
knowledge, and tools across the Federal Government,
convert historical records into common digital formats,
and improve access and usability of data by partners
and stakeholders;</DELETED>
<DELETED> ``(B) to identify and solicit relevant
data from Federal and international partners and other
relevant stakeholders, as the Under Secretary considers
appropriate; and</DELETED>
<DELETED> ``(C) to develop standards and practices
for the adoption and citation of digital object
identifiers for datasets, models, and analytical
tools.''.</DELETED>
<DELETED>SEC. 5. DIGITAL FIRE WEATHER SERVICES AND DATA
MANAGEMENT.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Digital presence.--The Under Secretary shall
develop and maintain a comprehensive, centralized, and publicly
accessible digital presence designed to promote findability,
accessibility, interoperability, usability, and utility of the
services, tools, data, and information produced by the program
established under section 3(a).</DELETED>
<DELETED> (2) Digital platform and tools.--In carrying out
paragraph (1), the Under Secretary shall--</DELETED>
<DELETED> (A) seek to ensure the digital platform
and tools of the Administration integrate geospatial
data, decision support tools, training, and best
practices to provide real-time fire weather forecasts
and address fire-related issues and needs;
and</DELETED>
<DELETED> (B) strive to enhance community
resilience, ecosystem values, and economic growth and
development by helping communities and other users of
the digital platform and tools address their issues,
needs, and challenges through maximum usability and
utility.</DELETED>
<DELETED> (b) Public Availability.--The Under Secretary shall make
all data, research, reports, findings, surveys, and assessments
relevant to the program established under section 3(a), as determined
by the Under Secretary, available in a publicly accessible digital
format.</DELETED>
<DELETED> (c) Internet-Based Tools.--In carrying out subsections (a)
and (b), the Under Secretary shall develop and implement internet-based
tools, such as webpages and smartphone and other mobile applications,
to increase utility and access to services and products for the benefit
of users.</DELETED>
<DELETED> (d) Data Management.--The Under Secretary shall develop
and maintain services that provide public access to digital fire
weather data and information--</DELETED>
<DELETED> (1) to improve understanding and historical
analysis of wildfire and fire weather science, including
inventories of fire emissions required for multi-decadal model
runs;</DELETED>
<DELETED> (2) to support--</DELETED>
<DELETED> (A) the archiving, stewardship, utility,
and preservation of wildfire and fire weather data
including satellite-, ground-, airborne-, and air-based
observations; and</DELETED>
<DELETED> (B) real-time and retrospective model
forecasts;</DELETED>
<DELETED> (3) to promote findability, interoperability,
analysis- and decision-readiness, and reusability of historical
and near real-time data across Federal, State, Tribal, and
local users, including ensuring digital access and machine-
readability of historical fire weather records; and</DELETED>
<DELETED> (4) to support equitable access, cross-sectoral
collaboration and innovation, and local planning and decision
making.</DELETED>
<DELETED>SEC. 6. HIGH-PERFORMANCE COMPUTING.</DELETED>
<DELETED> (a) In General.--The Under Secretary shall seek to acquire
sufficient high-performance computing resources and capacity for
research, operations, and data storage in support of the program
established under section 3(a).</DELETED>
<DELETED> (b) Considerations.--In acquiring high-performance
computing capacity under subsection (a), the Under Secretary shall
consider requirements needed for--</DELETED>
<DELETED> (1) the transition of research and testbed
developments into operations; and</DELETED>
<DELETED> (2) skilled workforce development.</DELETED>
<DELETED>SEC. 7. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FIRE
WEATHER SERVICES PROGRAM.</DELETED>
<DELETED> (a) In General.--Not later than 5 years after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the program established under
section 3(a).</DELETED>
<DELETED> (b) Elements.--The report required by subsection (a)
shall--</DELETED>
<DELETED> (1) evaluate the performance of the program by
establishing initial baseline capabilities and tracking
progress made toward fully operationalizing the functions
described in section 3(b);</DELETED>
<DELETED> (2) assess the efficacy of cross-agency
collaboration and stakeholder engagement in carrying out the
program and provide recommendations to improve such
activities;</DELETED>
<DELETED> (3) assess the program for inefficiencies,
identify duplicative efforts across Federal efforts, and
provide relevant recommendations; and</DELETED>
<DELETED> (4) include such other recommendations as the
Comptroller General determines are appropriate to improve the
program.</DELETED>
<DELETED>SEC. 8. FIRE WEATHER TESTBED.</DELETED>
<DELETED> (a) Establishment of Fire Weather Testbed.--The Under
Secretary shall establish a fire weather testbed that enables
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 Administration, Federal
and land management agencies, and other relevant
stakeholders.</DELETED>
<DELETED> (b) Uncrewed Aircraft Systems.--</DELETED>
<DELETED> (1) In general.--The Under Secretary shall--
</DELETED>
<DELETED> (A) research and assess the role and
potential of uncrewed aircraft systems to improve data
collection in support of modeling, observations,
predictions, forecasts, and impact-based decision
support services; and</DELETED>
<DELETED> (B) transition uncrewed aircraft systems
technologies from research to operations as the Under
Secretary considers appropriate.</DELETED>
<DELETED> (2) Pilot required.--In carrying out paragraph
(1), not later than 1 year after the date of the enactment of
this Act, the Under Secretary shall conduct at least 1 pilot of
uncrewed aircraft systems for fire weather and fire environment
observations.</DELETED>
<DELETED> (3) Savings clause.--</DELETED>
<DELETED> (A) In general.--In carrying out
activities under this subsection, the Under Secretary
shall ensure that any testing or deployment of uncrewed
aircraft systems follow procedures, restrictions, and
protocols established by the heads of the Federal
agencies with statutory or regulatory jurisdiction over
any airspace in which wildfire response activities are
conducted during an active wildfire event.</DELETED>
<DELETED> (B) Consultation and coordination.--The
Under Secretary shall consult and coordinate with
relevant Federal land management agencies and the
Federal Aviation Administration to develop processes
for the appropriate deployment of the systems described
in subparagraph (A).</DELETED>
<DELETED>SEC. 9. FIRE WEATHER SURVEYS AND ASSESSMENTS.</DELETED>
<DELETED> (a) Annual Post-Fire-Weather Season Survey and
Assessment.--</DELETED>
<DELETED> (1) In general.--During the second winter
following the enactment of this Act, and each year thereafter,
the Under Secretary shall conduct a post-fire-weather season
survey and assessment.</DELETED>
<DELETED> (2) Elements.--After conducting a post-fire-
weather season survey and assessment under paragraph (1), the
Under Secretary shall--</DELETED>
<DELETED> (A) investigate any gaps in data collected
during the assessment;</DELETED>
<DELETED> (B) identify and implement strategies and
procedures to improve program services and information
dissemination;</DELETED>
<DELETED> (C) update systems, processes, strategies,
and procedures to enhance the efficiency and
reliability of data obtained from the
assessment;</DELETED>
<DELETED> (D) evaluate the accuracy and efficacy of
physical fire weather forecasting information for each
incident included in the survey and assessment;
and</DELETED>
<DELETED> (E) assess and refine performance
measures, as needed.</DELETED>
<DELETED> (b) Surveys and Assessments Following Individual Wildfire
Events.--The Under Secretary may conduct surveys and assessments
following individual wildfire events as the Under Secretary determines
necessary.</DELETED>
<DELETED> (c) Goal.--In carrying out activities under this section,
the Under Secretary shall seek to increase the number of post-wildfire
community impact studies, including by surveying individual and
collective responses and incorporating other applicable topics of
social science research.</DELETED>
<DELETED> (d) Annual Briefing.--Not less frequently than once each
year, the Under Secretary shall provide a briefing to the appropriate
committees of Congress that provides--</DELETED>
<DELETED> (1) an overview of the fire season; and</DELETED>
<DELETED> (2) an outlook for the fire season for the coming
year.</DELETED>
<DELETED> (e) Coordination.--In conducting any survey or assessment
under this section, the Under Secretary shall coordinate with Federal,
State, and local partners, Tribal governments, private entities, and
such institutions of higher education as the Under Secretary considers
relevant in order to--</DELETED>
<DELETED> (1) improve operations and collaboration;
and</DELETED>
<DELETED> (2) optimize data collection, sharing,
integration, assimilation, and dissemination.</DELETED>
<DELETED> (f) Data Availability.--The Under Secretary shall make the
data and findings obtained from each assessment conducted under this
section available to the public in an accessible digital format as soon
as practicable after conducting the assessment.</DELETED>
<DELETED> (g) Service Improvements.--The Under Secretary shall make
best efforts to incorporate the results and recommendations of each
assessment conducted under this section into the research and
development plan and operations of the Administration.</DELETED>
<DELETED>SEC. 10. INCIDENT METEOROLOGIST SERVICE.</DELETED>
<DELETED> (a) Establishment.--The Under Secretary shall establish
and maintain an Incident Meteorologist Service within the National
Weather Service (in this section referred to as the
``Service'').</DELETED>
<DELETED> (b) Inclusion of Existing Incident Meteorologists.--The
Service shall include--</DELETED>
<DELETED> (1) the incident meteorologists of the
Administration as of the date of this enactment of this Act;
and</DELETED>
<DELETED> (2) such incident meteorologists of the
Administration as may be appointed after such date.</DELETED>
<DELETED> (c) Functions.--The Service shall provide--</DELETED>
<DELETED> (1) on-site impact-based decision support services
to Federal, State, Tribal government, and local government
emergency response agencies preceding, during, and following
wildland fires or other events that threaten life or property,
including high-impact and extreme weather events; and</DELETED>
<DELETED> (2) support to Federal, State, Tribal government,
and local government decision makers, partners, and
stakeholders for seasonal planning.</DELETED>
<DELETED> (d) Deployment.--The Service shall be deployed--</DELETED>
<DELETED> (1) as determined by the Under Secretary;
or</DELETED>
<DELETED> (2) at the request of the head of another Federal
agency.</DELETED>
<DELETED> (e) Staffing and Resources.--In establishing and
maintaining the Service, the Under Secretary shall identify, acquire,
and maintain adequate levels of staffing and resources to meet user
needs.</DELETED>
<DELETED> (f) Symbol.--</DELETED>
<DELETED> (1) In general.--The Under Secretary may--
</DELETED>
<DELETED> (A) create, adopt, and publish in the
Federal Register a symbol for the Service;
and</DELETED>
<DELETED> (B) restrict the use of such symbol as
appropriate.</DELETED>
<DELETED> (2) Use of symbol.--The Under Secretary may
authorize the use of a symbol adopted under this subsection by
any individual or entity as the Under Secretary considers
appropriate.</DELETED>
<DELETED> (3) Contract authority.--The Under Secretary may
award contracts for the creation of symbols under this
subsection.</DELETED>
<DELETED> (4) Offense.--It shall be unlawful for any
person--</DELETED>
<DELETED> (A) to represent themselves as an official
of the Service absent the designation or approval of
the Under Secretary;</DELETED>
<DELETED> (B) to manufacture, reproduce, or
otherwise use any symbol adopted by the Under Secretary
under this subsection, including to sell any item
bearing such a symbol, unless authorized by the Under
Secretary; or</DELETED>
<DELETED> (C) to violate any regulation promulgated
by the Secretary under this subsection.</DELETED>
<DELETED> (g) Support for Incident Meteorologists.--The Under
Secretary shall provide resources, access to real-time fire weather
forecasts, training, administrative and logistical support, and access
to professional counseling or other forms of support as the Under
Secretary considers appropriate for the betterment of the emotional and
mental health and well-being of incident meteorologists and other
employees of the Administration involved with response to high-impact
and extreme fire weather events.</DELETED>
<DELETED>SEC. 11. AUTOMATED SURFACE OBSERVING SYSTEM.</DELETED>
<DELETED> (a) Joint Assessment and Plan.--</DELETED>
<DELETED> (1) In general.--The Under Secretary, in
collaboration with the Administrator of the Federal Aviation
Administration and the Secretary of Defense, shall--</DELETED>
<DELETED> (A) conduct an assessment of resources,
personnel, procedures, and activities necessary to
maximize the functionality and utility of the automated
surface observing system of the United States that
identifies--</DELETED>
<DELETED> (i) key system upgrades needed to
improve observation quality and utility for
weather forecasting, aviation safety, and other
users;</DELETED>
<DELETED> (ii) improvements needed in
observations within the planetary boundary
layer, including mixing height;</DELETED>
<DELETED> (iii) improvements needed in
public accessibility of observational
data;</DELETED>
<DELETED> (iv) improvements needed to reduce
latency in reporting of observational
data;</DELETED>
<DELETED> (v) relevant data to be collected
for the production of forecasts or forecast
guidance relating to atmospheric composition,
including particulate and air quality data, and
aviation safety;</DELETED>
<DELETED> (vi) areas of concern regarding
operational continuity and reliability of the
system, which may include needs for on-night
staff, particularly in remote and rural areas
and areas where system failure would have the
greatest negative impact to the
community;</DELETED>
<DELETED> (vii) stewardship, data handling,
data distribution, and product generation needs
arising from upgrading and changing the
automated surface observation
systems;</DELETED>
<DELETED> (viii) possible solutions for
areas of concern identified under clause (vi),
including with respect to the potential use of
backup systems, power and communication system
reliability, staffing needs and personnel
location, and the acquisition of critical
component backups and proper storage location
to ensure rapid system repair necessary to
ensure system operational continuity;
and</DELETED>
<DELETED> (ix) research, development, and
transition to operations needed to develop
advanced data collection, quality control, and
distribution so that the data are provided to
models, users, and decision support systems in
a timely manner; and</DELETED>
<DELETED> (B) develop and implement a plan that
addresses the findings of the assessment conducted
under subparagraph (A), including by seeking and
allocating resources necessary to ensure that system
upgrades are standardized across the Administration,
the Federal Aviation Administration, and the Department
of Defense to the extent practicable.</DELETED>
<DELETED> (2) Standardization.--Any system standardization
implemented under paragraph (1)(B) shall not impede activities
to upgrade or improve individual units of the system.</DELETED>
<DELETED> (3) Remote automatic weather station
coordination.--The Under Secretary, in collaboration with
relevant Federal agencies and the National Interagency Fire
Center, shall assess and develop cooperative agreements to
improve coordination, interoperability standards, operations,
and placement of remote automatic weather stations for the
purpose of improving utility and coverage of remote automatic
weather stations, automated surface observation systems, and
other similar stations and systems for weather and climate
operations.</DELETED>
<DELETED> (b) Report to Congress.--</DELETED>
<DELETED> (1) In general.--Not later than 2 years after the
date of the enactment of this Act, the Under Secretary, in
collaboration with the Administrator of the Federal Aviation
Administration and the Secretary of Defense, shall submit to
the appropriate committees of Congress a report that--
</DELETED>
<DELETED> (A) details the findings of the assessment
required by subparagraph (A) of subsection (a)(1);
and</DELETED>
<DELETED> (B) the plan required by subparagraph (B)
of such subsection.</DELETED>
<DELETED> (2) Elements.--The report required by paragraph
(1) shall include a detailed assessment of appropriations
required--</DELETED>
<DELETED> (A) to address the findings of the
assessment required by subparagraph (A) of subsection
(a)(1); and</DELETED>
<DELETED> (B) to implement the plan required by
subparagraph (B) of such subsection.</DELETED>
<DELETED> (c) Government Accountability Office Report.--Not later
than 4 years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report that--</DELETED>
<DELETED> (1) evaluates the functionality, utility,
reliability, and operational status of the automated surface
observing system across the Administration, the Federal
Aviation Administration, and the Department of
Defense;</DELETED>
<DELETED> (2) evaluates the progress, performance, and
implementation of the plan required by subsection
(a)(1)(B);</DELETED>
<DELETED> (3) assesses the efficacy of cross-agency
collaboration and stakeholder engagement in carrying out the
plan and provides recommendations to improve such
activities;</DELETED>
<DELETED> (4) evaluates the operational continuity and
reliability of the system, particularly in remote and rural
areas and areas where system failure would have the greatest
negative impact to the community, and provides recommendations
to improve such continuity and reliability;</DELETED>
<DELETED> (5) assesses Federal coordination regarding the
remote automatic weather station network, air resource
advisors, and other Federal observing assets used for weather
and climate modeling and response activities, and provides
recommendations for improvements; and</DELETED>
<DELETED> (6) includes such other recommendations as the
Comptroller General determines are appropriate to improve the
system.</DELETED>
<DELETED>SEC. 12. EMERGENCY RESPONSE ACTIVITIES.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Basic pay.--The term ``basic pay'' includes
any applicable locality-based comparability payment under
section 5304 of title 5, United States Code, any applicable
special rate supplement under section 5305 of such title, or
any equivalent payment under a similar provision of
law.</DELETED>
<DELETED> (2) Covered employee.--The term ``covered
employee'' means an employee of the Department of
Commerce.</DELETED>
<DELETED> (3) Covered services.--The term ``covered
services'' means services performed by a covered employee
while--</DELETED>
<DELETED> (A) serving as an incident meteorologist
accompanying a wildland firefighter crew;</DELETED>
<DELETED> (B) serving--</DELETED>
<DELETED> (i) on an incident management
team;</DELETED>
<DELETED> (ii) as an emergency response
specialist;</DELETED>
<DELETED> (iii) at the National Interagency
Fire Center;</DELETED>
<DELETED> (iv) at a Geographic Area
Coordination Center; or</DELETED>
<DELETED> (v) at an operations center;
or</DELETED>
<DELETED> (C) serving in a capacity determined by
the Secretary, or the Under Secretary acting on behalf
of the Secretary, to be primarily relating to emergency
response activities.</DELETED>
<DELETED> (4) Employee.--The term ``employee'' has the
meaning given that term in section 2105 of title 5, United
States Code.</DELETED>
<DELETED> (5) Premium pay.--The term ``premium pay'' means
premium pay for the purposes of section 5547(a) of title 5,
United States Code.</DELETED>
<DELETED> (b) Waiver.--</DELETED>
<DELETED> (1) In general.--Any premium pay received by a
covered employee for covered services shall be disregarded in
calculating the aggregate of the basic pay and premium pay for
the covered employee for purposes of applying the limitation on
premium pay under section 5547(a) of title 5, United States
Code.</DELETED>
<DELETED> (2) Limitation.--A covered employee may be paid
premium pay that is disregarded under paragraph (1) only to the
extent that the aggregate of the basic pay and premium pay paid
to that covered employee in the applicable calendar year,
including premium pay that is disregarded under that paragraph,
does not exceed the rate of basic pay for a position at level
II of the Executive Schedule under section 5313 of title 5,
United States Code, as in effect at the end of that calendar
year.</DELETED>
<DELETED> (c) Application.--If the application of subsection (b)
results in the payment of additional pay to a covered employee of a
type that is normally creditable as basic pay for retirement or any
other purpose, that additional pay shall not--</DELETED>
<DELETED> (1) be considered to be basic pay of the covered
employee for any purpose; or</DELETED>
<DELETED> (2) be used in computing a lump-sum payment to the
covered employee for accumulated and accrued annual leave under
section 5551 or 5552 of title 5, United States Code.</DELETED>
<DELETED> (d) Amendment.--Section 5542(a)(5) of title 5, United
States Code, is amended by inserting ``, the Department of Commerce,''
after ``Interior''.</DELETED>
<DELETED> (e) Effective Date.--This section and the amendment made
by this section shall take effect as if enacted on January 1,
2020.</DELETED>
<DELETED> (f) Derivation of Funds.--Any amounts used to pay covered
employees for covered services shall not be derived from amounts made
available to the Administration or amounts saved by reducing the number
of full-time-equivalent employees of the Administration.</DELETED>
<DELETED> (g) Policies and Procedures for Health, Safety, and Well-
Being.--The Under Secretary shall maintain policies and procedures that
ensure that the deployment of a covered employee to perform a covered
service will not compromise the health, safety, and well-being of the
covered employee.</DELETED>
<DELETED>SEC. 13. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
INTERAGENCY WILDFIRE FORECASTING, PREVENTION, PLANNING,
AND MANAGEMENT BODIES.</DELETED>
<DELETED> Not later than 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report that--</DELETED>
<DELETED> (1) identifies all Federal interagency bodies
established for the purpose of wildfire forecasting,
prevention, planning, and management (such as wildfire
councils, commissions, and workgroups), including--</DELETED>
<DELETED> (A) the Wildland Fire Leadership
Council;</DELETED>
<DELETED> (B) the National Interagency Fire
Center;</DELETED>
<DELETED> (C) the Wildland Fire Management Policy
Committee;</DELETED>
<DELETED> (D) the Wildland Fire Mitigation and
Management Commission;</DELETED>
<DELETED> (E) the National Interagency Fire
Center;</DELETED>
<DELETED> (F) the National Interagency Coordination
Center;</DELETED>
<DELETED> (G) the National Predictive Services
Oversight Group;</DELETED>
<DELETED> (H) the Interagency Council for Advancing
Meteorological Services;</DELETED>
<DELETED> (I) the National Wildfire Coordinating
Group;</DELETED>
<DELETED> (J) the National Multi-Agency Coordinating
Group; and</DELETED>
<DELETED> (K) the Mitigation Framework Leadership
Group;</DELETED>
<DELETED> (2) evaluates the roles, functionality, and
utility of such interagency bodies;</DELETED>
<DELETED> (3) evaluates the progress, performance, and
implementation of such interagency bodies;</DELETED>
<DELETED> (4) assesses efficacy and identifies potential
overlap and duplication of such interagency bodies in carrying
out interagency collaboration with respect to wildfire
prevention, planning, and management; and</DELETED>
<DELETED> (5) includes such other recommendations as the
Comptroller General determines are appropriate to streamline
and improve wildfire forecasting, prevention, planning, and
management, including recommendations regarding the interagency
bodies for which the addition of the Administration is
necessary to improve wildfire forecasting, prevention,
planning, and management.</DELETED>
<DELETED>SEC. 14. AMENDMENTS TO INFRASTRUCTURE INVESTMENT AND JOBS ACT
RELATING TO WILDFIRE MITIGATION.</DELETED>
<DELETED> The Infrastructure Investment and Jobs Act (Public Law
117-58; 135 Stat. 429) is amended--</DELETED>
<DELETED> (1) in section 70202--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (J), by
striking ``; and'' and inserting a
semicolon;</DELETED>
<DELETED> (ii) in subparagraph (K), by
striking the period at the end and inserting a
semicolon; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(L) the Committee on Commerce, Science,
and Transportation of the Senate; and'';</DELETED>
<DELETED> ``(M) the Committee on Science, Space, and
Technology of the House of Representatives.'';
and</DELETED>
<DELETED> (B) in paragraph (6)--</DELETED>
<DELETED> (i) in subparagraph (B), by
striking ``; and'' and inserting a
semicolon;</DELETED>
<DELETED> (ii) in subparagraph (C), by
striking the period at the end and inserting
``; and''; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(D) The Secretary of Commerce, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere.''; and</DELETED>
<DELETED> (2) in section 70203(b)(1)(B)--</DELETED>
<DELETED> (A) in the matter preceding clause (i), by
striking ``9'' and inserting ``not fewer than
10'';</DELETED>
<DELETED> (B) in clause (i)--</DELETED>
<DELETED> (i) in subclause (IV), by striking
``; and'' and inserting a semicolon;</DELETED>
<DELETED> (ii) in subclause (V), by adding
``and'' at the end; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(VI) the National
Oceanic and Atmospheric
Administration.'';</DELETED>
<DELETED> (C) in clause (iv), by striking ``; and''
and inserting a semicolon; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(vi) if the Secretaries
determine it to be appropriate, 1 or more
representatives from the relevant line offices
of the National Oceanic and Atmospheric
Administration; and''.</DELETED>
<DELETED>SEC. 15. WILDFIRE TECHNOLOGY MODERNIZATION
AMENDMENTS.</DELETED>
<DELETED> Section 1114 of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (43 U.S.C. 1748b-1) is amended--
</DELETED>
<DELETED> (1) in subsection (c)(3), by inserting ``the
National Oceanic and Atmospheric Administration,'' after
``Federal Aviation Administration,'';</DELETED>
<DELETED> (2) in subsection (e)(2)--</DELETED>
<DELETED> (A) by redesignating subparagraph (B) as
subparagraph (C); and</DELETED>
<DELETED> (B) by inserting after subparagraph (A)
the following:</DELETED>
<DELETED> ``(B) Consultation.--</DELETED>
<DELETED> ``(i) In general.--In carrying out
subparagraph (A), the Secretaries shall consult
with the Under Secretary of Commerce for Oceans
and Atmosphere regarding any development of
impact-based decision support services that
relate to wildlife-related activities of the
National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED> ``(ii) Definition of impact-based
decision support services.--In this
subparagraph, the term `impact-based decision
support services' means forecast advice and
interpretative services the National Oceanic
and Atmospheric Administration provides to help
core partners, such as emergency personnel and
public safety officials, make decisions when
weather, water, and climate impact the lives
and livelihoods of the people of the United
States.''; and</DELETED>
<DELETED> (3) in subsection (f)--</DELETED>
<DELETED> (A) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively, and
moving such subparagraphs, as so redesignated, 2 ems to
the right;</DELETED>
<DELETED> (B) by striking ``The Secretaries'' and
inserting the following:</DELETED>
<DELETED> ``(1) In general.--The Secretaries'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Collaboration.--In carrying out paragraph
(1), the Secretaries shall collaborate with the Under Secretary
of Commerce for Oceans and Atmosphere to improve coordination,
utility of systems and assets, and interoperability of data for
smoke prediction, forecasting, and modeling.''.</DELETED>
<DELETED>SEC. 16. COOPERATION; COORDINATION; SUPPORT TO NON-FEDERAL
ENTITIES.</DELETED>
<DELETED> (a) Cooperation.--Each Federal agency shall cooperate and
coordinate with the Under Secretary, as appropriate, in carrying out
this Act and the amendments made by this Act.</DELETED>
<DELETED> (b) Coordination.--</DELETED>
<DELETED> (1) In general.--In meeting the requirements under
this Act and the amendments made by this Act, the Under
Secretary shall coordinate, and as appropriate, establish
agreements with Federal and external partners to fully use and
leverage existing assets, systems, networks, technologies, and
sources of data.</DELETED>
<DELETED> (2) Inclusions.--Coordination carried out under
paragraph (1) shall include coordination with--</DELETED>
<DELETED> (A) the National Interagency Fire Center,
including the Predictive Services Program that provides
impact-based decision support services to the wildland
fire community at the Geographic Area Coordination
Center and the National Interagency Coordination
Center;</DELETED>
<DELETED> (B) the National Wildfire Coordinating
Group; and</DELETED>
<DELETED> (C) relevant interagency bodies identified
in the report required by section 13.</DELETED>
<DELETED> (3) Consultation.--In carrying out this
subsection, the Under Secretary shall consult with Federal
partners including--</DELETED>
<DELETED> (A) the National Aeronautics and Space
Administration;</DELETED>
<DELETED> (B) the Department of the
Interior;</DELETED>
<DELETED> (C) the Federal Emergency Management
Agency;</DELETED>
<DELETED> (D) the National Science
Foundation;</DELETED>
<DELETED> (E) the United States Geological
Survey;</DELETED>
<DELETED> (F) the Department of
Agriculture;</DELETED>
<DELETED> (G) the Environmental Protection
Agency;</DELETED>
<DELETED> (H) the Department of Energy;</DELETED>
<DELETED> (I) the Department of Defense;</DELETED>
<DELETED> (J) the National Institute of Standards
and Technology; and</DELETED>
<DELETED> (K) such other departments and agencies as
the Under Secretary considers relevant.</DELETED>
<DELETED> (c) Coordination With Non-Federal Entities.--Not later
than 540 days after the date of the enactment of this Act, the Under
Secretary shall develop and submit to the appropriate committees of
Congress a process for annual coordination with Tribal, State, and
local governments to assist the development of improved fire weather
products and services.</DELETED>
<DELETED> (d) Support to Non-Federal Entities.--In carrying out the
activities under this Act and the amendments made by this Act, the
Under Secretary may provide support to non-Federal entities by making
funds and resources available through--</DELETED>
<DELETED> (1) competitive grants;</DELETED>
<DELETED> (2) contracts under the mobility program under
subchapter VI of chapter 33 of title 5, United States Code
(commonly referred to as the ``Intergovernmental Personnel Act
Mobility Program'');</DELETED>
<DELETED> (3) cooperative agreements; and</DELETED>
<DELETED> (4) colocation agreements as described in section
502 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C.
851 note prec.).</DELETED>
<DELETED>SEC. 17. INTERNATIONAL COORDINATION.</DELETED>
<DELETED> (a) In General.--The Under Secretary may develop
collaborative relationships and agreements with foreign partners and
counterparts to address transboundary issues pertaining to wildfires,
fire weather, smoke, air quality, and associated conditions and hazards
or other relevant meteorological phenomena, as appropriate, to
facilitate full and open exchange of data and information.</DELETED>
<DELETED> (b) Consultation.--In carrying out activities under this
section, the Under Secretary shall consult with the Department of State
and such other Federal partners as the Under Secretary considers
relevant.</DELETED>
<DELETED>SEC. 18. SUBMISSIONS TO CONGRESS REGARDING THE FIRE WEATHER
SERVICES PROGRAM, INCIDENT METEOROLOGIST WORKFORCE NEEDS,
AND NATIONAL WEATHER SERVICE WORKFORCE SUPPORT.</DELETED>
<DELETED> (a) Report to Congress.--Not later than 540 days after the
date of the enactment of this Act, the Under Secretary shall submit to
the appropriate committees of Congress--</DELETED>
<DELETED> (1) the plan described in subsection
(b);</DELETED>
<DELETED> (2) the assessment described in subsection (c);
and</DELETED>
<DELETED> (3) the assessment described in subsection
(d).</DELETED>
<DELETED> (b) Fire Weather Services Program Plan.--</DELETED>
<DELETED> (1) Elements.--The plan submitted under subsection
(a)(1) shall detail--</DELETED>
<DELETED> (A) the observational data, modeling
requirements, ongoing computational needs, research,
development, and technology transfer activities, data
management, skilled-personnel requirements, engagement
with relevant Federal emergency and land management
agencies and partners, and corresponding resources and
timelines necessary to achieve the functions described
in subsection (b) of section 3 and the priorities
described in subsection (c) of such section;
and</DELETED>
<DELETED> (B) plans and needs for all other
activities and requirements under this Act and the
amendments made by this Act.</DELETED>
<DELETED> (2) Submittal of annual budget for plan.--
Following completion of the plan submitted under subsection
(a)(1), the Under Secretary shall, not less frequently than
once each year concurrent with the submission of the budget by
the President to Congress under section 1105 of title 31,
submit to Congress a proposed budget corresponding with the
elements detailed in the plan.</DELETED>
<DELETED> (c) Incident Meteorologist Workforce Needs Assessment.--
</DELETED>
<DELETED> (1) In general.--The Under Secretary shall conduct
a workforce needs assessment on the current and future demand
for additional incident meteorologists for wildfires and other
high-impact fire weather events.</DELETED>
<DELETED> (2) Elements.--The assessment required by
paragraph (1) shall include the following:</DELETED>
<DELETED> (A) A description of staffing levels as of
the date on which the assessment is submitted under
subsection (a)(2) and projected future staffing
levels.</DELETED>
<DELETED> (B) An assessment of the state of the
infrastructure of the National Weather Service as of
the date on which the assessment is submitted and
future needs of such infrastructure in order to meet
current and future demands, including with respect to
information technology support and logistical and
administrative operations.</DELETED>
<DELETED> (3) Considerations.--In conducting the assessment
required by paragraph (1), the Under Secretary shall consider
factors including projected climate conditions, infrastructure,
all hazard meteorological response system equipment, user
needs, and feedback from relevant stakeholders.</DELETED>
<DELETED> (d) Support Services Assessment.--</DELETED>
<DELETED> (1) In general.--The Under Secretary shall conduct
a workforce support services assessment with respect to
employees of the National Weather Service engaged in emergency
response.</DELETED>
<DELETED> (2) Elements.--The assessment required by
paragraph (1) shall include the following:</DELETED>
<DELETED> (A) An assessment of need for further
support of employees of the National Weather Service
engaged in emergency response through services provided
by the Public Health Service.</DELETED>
<DELETED> (B) A detailed assessment of
appropriations required to secure the level of support
services needed as identified in the assessment
described in subparagraph (A).</DELETED>
<DELETED> (3) Additional support services.--Following the
completion of the assessment required by paragraph (1), the
Under Secretary shall seek to acquire additional support
services to meet the needs identified in the
assessment.</DELETED>
<DELETED>SEC. 19. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There is authorized to be appropriated to the
Administration to carry out this Act and the amendments made by this
Act--</DELETED>
<DELETED> (1) $55,000,000 for fiscal year 2023;</DELETED>
<DELETED> (2) $125,000,000 for fiscal year 2024;</DELETED>
<DELETED> (3) $135,000,000 for fiscal year 2025;</DELETED>
<DELETED> (4) $150,000,000 for fiscal year 2026;
and</DELETED>
<DELETED> (5) $200,000,000 for fiscal year 2027.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fire Ready Nation
Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of fire weather services program.
Sec. 4. National Oceanic and Atmospheric Administration data
management.
Sec. 5. Digital fire weather services and data management.
Sec. 6. High-performance computing.
Sec. 7. Government Accountability Office report on fire weather
services program.
Sec. 8. Fire weather testbed.
Sec. 9. Fire weather surveys and assessments.
Sec. 10. Incident Meteorologist Service.
Sec. 11. Automated surface observing system.
Sec. 12. Emergency response activities.
Sec. 13. Government Accountability Office report on interagency
wildfire forecasting, prevention, planning,
and management bodies.
Sec. 14. Amendments to Infrastructure Investment and Jobs Act relating
to wildfire mitigation.
Sec. 15. Wildfire technology modernization amendments.
Sec. 16. Cooperation; coordination; support to non-Federal entities.
Sec. 17. International coordination.
Sec. 18. Submissions to Congress regarding the fire weather services
program, incident meteorologist workforce
needs, and National Weather Service
workforce support.
Sec. 19. Government Accountability Office report; Fire Science and
Technology Working Group; strategic plan.
Sec. 20. Fire weather rating system.
Sec. 21. Avoidance of duplication.
Sec. 22. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(3) Earth system model.--The term ``Earth system model''
means a mathematical model containing all relevant components
of the Earth, namely the atmosphere, oceans, land, cryosphere,
and biosphere.
(4) 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.
(5) Fire weather.--The term ``fire weather'' means the
weather conditions that influence the start, spread, character,
or behavior of wildfire 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.
(6) Impact-based decision support services.--The term
``impact-based decision support services'' means forecast
advice and interpretative services the Administration provides
to help core partners, such as emergency personnel and public
safety officials, make decisions when weather, water, and
climate impact the lives and livelihoods of the people of the
United States.
(7) Seasonal.--The term ``seasonal'' has the meaning given
that term in section 2 of the Weather Research and Forecasting
Innovation Act of 2017 (15 U.S.C. 8501).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) Smoke.--The term ``smoke'' means emissions, including
the gases and particles released into the air as a result of
combustion.
(10) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
United State Virgin Islands, the Federated States of
Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau.
(11) Subseasonal.--The term ``subseasonal'' has the meaning
given that term in section 2 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8501).
(12) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
(13) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere.
(14) Weather enterprise.--The term ``weather enterprise''
has the meaning given that term in section 2 of the Weather
Research and Forecasting Innovation Act of 2017 (15 U.S.C.
8501).
(15) Wildfire.--The term ``wildfire'' means any non-
structure fire that occurs in vegetation or natural fuels,
originating from an unplanned ignition.
(16) Wildland-urban interface.--The term ``wildland-urban
interface'' means the area, zone, or region of transition
between unoccupied or undeveloped land and human development
where structures and other human development meet or
intermingle with undeveloped wildland or vegetative fuels.
SEC. 3. ESTABLISHMENT OF FIRE WEATHER SERVICES PROGRAM.
(a) In General.--The Under Secretary shall establish and maintain a
coordinated fire weather services program among the offices of the
Administration in existence as of the date of the enactment of this Act
and designated by the Under Secretary.
(b) Program Functions.--The functions of the program established
under subsection (a), consistent with the priorities described in
section 101 of the Weather Research and Forecasting Innovation Act of
2017 (15 U.S.C. 8511), shall be--
(1) to support readiness, responsiveness, understanding,
and overall resilience of the United States to wildfires, fire
weather, smoke, and other associated conditions, hazards, and
impacts in built and natural environments and at the wildland-
urban interface;
(2) to collaboratively develop and disseminate accurate,
precise, effective, and timely risk communications, forecasts,
watches, and warnings relating to wildfires, fire weather,
smoke, and other associated conditions, hazards, and impacts,
as applicable, with Federal land management agencies;
(3) to partner with and support the public, Federal, State,
and Tribal governments, and academic and local partners through
the development of capabilities, impact-based decision support
services, and overall service delivery and utility;
(4) to conduct and support research and development of new
and innovative models, technologies, techniques, products,
systems, processes, and procedures to improve understanding of
wildfires, fire weather, air quality, and the fire environment;
(5) to develop strong research-to-operations and
operations-to-research transitions, in order to facilitate
delivery of products, services, and tools to operational users
and platforms; and
(6) to develop, in coordination with Federal land
management agencies, impact-based decision support services
that operationalize and integrate the functions described in
paragraphs (1) through (5) in order to provide comprehensive
impact-based decision support services that encompass the fire
environment.
(c) Program Priorities.--In developing and implementing the program
established under subsection (a), the Under Secretary shall
prioritize--
(1) development of a fire weather-enabled Earth system
model and data assimilation systems that--
(A) are capable of prediction and forecasting
across relevant spatial and temporal timescales;
(B) include variables associated with fire weather,
air quality from smoke, and the fire environment;
(C) improve understanding of the connections
between fire weather and modes of climate variability;
and
(D) incorporate emerging techniques such as
artificial intelligence, machine learning, and cloud
computing;
(2) advancement of existing and new observational
capabilities, including satellite-, airborne-, air-, and
ground-based systems and technologies and social networking and
other public information-gathering applications that--
(A) identify--
(i) high-risk pre-ignition conditions;
(ii) conditions that influence fire
behavior and spread including those conditions
that suppress active fire events; and
(iii) fire risk values;
(B) support real-time notification and monitoring
of ignitions;
(C) support observations and data collection of
fire weather and fire environment variables, including
smoke, for development of the model and systems under
paragraph (1); and
(D) support forecasts and advancing understanding
and research of the impacts of wildfires on human
health, ecosystems, climate, transportation, and
economies; and
(3) development and implementation of advanced and user-
oriented impact-based decision tools, science, and technologies
that--
(A) ensure real-time and retrospective data,
products, and services are findable, accessible,
interoperable, usable, inform further research, and are
analysis- and decision-ready;
(B) provide targeted information throughout the
fire lifecycle including pre-ignition, detection,
forecasting, post-fire, and monitoring phases; and
(C) support early assessment of post-fire hazards,
such as air quality, debris flows, mudslides, and
flooding.
(d) Program Activities.--In developing and implementing the program
established under subsection (a), the Under Secretary may--
(1) conduct relevant physical and social science research
activities in support of the functions described in subsection
(b) and the priorities described in subsection (c);
(2) conduct relevant activities, in coordination with
Federal land management agencies and Federal science agencies,
to assess fuel characteristics, including moisture, loading,
and other parameters used to determine fire risk levels and
outlooks;
(3) support and conduct research that assesses impacts to
marine, riverine, and other relevant ecosystems, which may
include forest and rangeland ecosystems, resulting from
activities associated with mitigation of and response to
wildfires;
(4) support and conduct attribution science research
relating to wildfires, fire weather, fire risk, smoke, and
associated conditions, risks, and impacts;
(5) develop smoke and air quality forecasts, forecast
guidance, and prescribed burn weather forecasts, and conduct
research on the impact of such forecasts on response behavior
that minimizes health-related impacts from smoke exposure;
(6) use, in coordination with Federal land management
agencies, wildland fire resource intelligence to inform fire
environment impact-based decision support products and services
for safety;
(7) work with Federal agencies to provide data, tools, and
services to support determinations by such agencies for the
implementation of mitigation measures;
(8) provide training and support to ensure effective media
utilization of impact-based decision support products and
guidance to the public regarding actions needing to be taken;
(9) provide comprehensive training to ensure staff of the
program established under subsection (a) is properly equipped
to deliver the impact-based decision support products and
services described in paragraphs (1) through (6); and
(10) acquire through contracted purchase private sector-
produced observational data to fill identified gaps, as needed.
(e) Collaboration; Agreements.--
(1) Collaboration.--The Under Secretary shall, as the Under
Secretary considers appropriate, collaborate and consult with
partners in the weather and climate enterprises, academic
institutions, States, Tribal governments, local partners, and
Federal agencies, including land and fire management agencies,
in the development and implementation of the program
established under subsection (a).
(2) Agreements.--The Under Secretary may enter into
agreements in support of the functions described in subsection
(b), the priorities described in subsection (c), the activities
described in subsection (d), and activities carried out under
section 8.
(f) Program Administration Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary shall submit to
the appropriate committees of Congress a plan that details how
the program established under subsection (a) will be
administered and governed within the Administration.
(2) Elements.--The plan required by paragraph (1) should
include a description of--
(A) how the functions described in subsection (b),
the priorities described in subsection (c), and the
activities described in subsection (d) will be
distributed among the line offices of the
Administration; and
(B) the mechanisms in place to ensure seamless
coordination among those offices.
SEC. 4. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION DATA
MANAGEMENT.
Section 301 of the Weather Research and Forecasting Innovation Act
of 2017 (15 U.S.C. 8531) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Data Availability and Management.--
``(1) In general.--The Under Secretary shall--
``(A) make data and metadata generated or collected
by the National Oceanic and Atmospheric Administration
that the Under Secretary has the legal right to
redistribute fully and openly available, in accordance
with chapter 35 of title 44, United States Code, and
the Foundations for Evidence-Based Policymaking Act of
2018 (Public Law 115-435; 132 Stat. 5529) and the
amendments made by that Act, and preserve and curate
such data and metadata, in accordance with chapter 31
of title 44, United States Code (commonly known as the
`Federal Records Act of 1950'), in order to maximize
use of such data and metadata; and
``(B) manage and steward the access, archival, and
retrieval activities for the data and metadata
described in subparagraph (A) by--
``(i) using--
``(I) enterprise-wide
infrastructure, emerging technologies,
commercial partnerships, and the
skilled workforce needed to provide
appropriate data management from
collection to broad access; and
``(II) associated information
services; and
``(ii) pursuing the maximum
interoperability of data and information by--
``(I) leveraging data, information,
knowledge, and tools from across the
Federal Government to support equitable
access, cross-sectoral collaboration
and innovation, and local planning and
decision-making; and
``(II) developing standards and
practices for the adoption and citation
of digital object identifiers for
datasets, models, and analytical tools.
``(2) Collaboration.--In carrying out this subsection, the
Under Secretary shall collaborate with such Federal partners
and stakeholders as the Under Secretary considers relevant--
``(A) to develop standards to pursue maximum
interoperability of data, information, knowledge, and
tools across the Federal Government, convert historical
records into common digital formats, and improve access
and usability of data by partners and stakeholders;
``(B) to identify and solicit relevant data from
Federal and international partners and other relevant
stakeholders, as the Under Secretary considers
appropriate; and
``(C) to develop standards and practices for the
adoption and citation of digital object identifiers for
datasets, models, and analytical tools.''.
SEC. 5. DIGITAL FIRE WEATHER SERVICES AND DATA MANAGEMENT.
(a) In General.--
(1) Digital presence.--The Under Secretary shall develop
and maintain a comprehensive, centralized, and publicly
accessible digital presence designed to promote findability,
accessibility, interoperability, usability, and utility of the
services, tools, data, and information produced by the program
established under section 3(a).
(2) Digital platform and tools.--In carrying out paragraph
(1), the Under Secretary shall seek to ensure the digital
platform and tools of the Administration integrate geospatial
data, decision support tools, training, and best practices to
provide real-time fire weather forecasts and address fire-
related issues and needs.
(b) Internet-based Tools.--In carrying out subsections (a) and (b),
the Under Secretary shall develop and implement internet-based tools,
such as webpages and smartphone and other mobile applications, to
increase utility and access to services and products for the benefit of
users.
SEC. 6. HIGH-PERFORMANCE COMPUTING.
(a) In General.--The Under Secretary shall seek to acquire
sufficient high-performance computing resources and capacity for
research, operations, and data storage in support of the program
established under section 3(a).
(b) Considerations.--In acquiring high-performance computing
capacity under subsection (a), the Under Secretary shall consider
requirements needed for--
(1) conducting research and development;
(2) the transition of research and testbed developments
into operations;
(3) capabilities existing in other Federal agencies and the
commercial sector; and
(4) skilled workforce development.
SEC. 7. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FIRE WEATHER
SERVICES PROGRAM.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the program established under
section 3(a).
(b) Elements.--The report required by subsection (a) shall--
(1) evaluate the performance of the program by establishing
initial baseline capabilities and tracking progress made toward
fully operationalizing the functions described in section 3(b);
and
(2) include such other recommendations as the Comptroller
General determines are appropriate to improve the program.
SEC. 8. FIRE WEATHER TESTBED.
(a) Establishment of Fire Weather Testbed.--The Under Secretary
shall establish a fire weather testbed that enables 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 Administration, Federal and land
management agencies, and other relevant stakeholders.
(b) Uncrewed Aircraft Systems.--
(1) In general.--The Under Secretary shall--
(A) research and assess the role and potential of
uncrewed aircraft systems to improve data collection in
support of modeling, observations, predictions,
forecasts, and impact-based decision support services;
(B) transition uncrewed aircraft systems
technologies from research to operations as the Under
Secretary considers appropriate; and
(C) coordinate with other Federal agencies that may
be developing uncrewed aircraft systems and related
technologies to meet the challenges of wildland fire
management.
(2) Pilot required.--In carrying out paragraph (1), not
later than 1 year after the date of the enactment of this Act,
the Under Secretary shall conduct pilots of uncrewed aircraft
systems for fire weather and fire environment observations,
including--
(A) testing of unscrewed systems in approximations
of real-world scenarios;
(B) assessment of the utility of meteorological
data collected from fire response and assessment
aircraft;
(C) input of the collected data into appropriate
models to predict fire behavior, including coupled
atmosphere and fire models; and
(D) collection of best management practices for
deployment of unscrewed systems and other remote data
technology, including for communication and
coordination between the stakeholders described in
subsection (a).
(3) Prohibition.--
(A) In general.--Except as provided under
subparagraphs (B) and (C), the Under Secretary may not
procure any covered unmanned aircraft system that is
manufactured or assembled by a covered foreign entity,
which includes associated elements (consisting of
communication links and the components that control the
unmanned aircraft) that are required for the operator
to operate safely and efficiently in the national
airspace system. The Federal Acquisition Security
Council, in coordination with the Secretary of
Transportation, shall develop and update a list of
associated elements.
(B) Exemption.--The Under Secretary, in
consultation with the Secretary of Homeland Security,
is exempt from the prohibition under subparagraph (A)
if the operation or procurement is necessary for the
sole purpose of marine or atmospheric science or
management.
(C) Waiver.--The Under Secretary may waive the
prohibition under subparagraph (A) on a case-by-case
basis--
(i) with the approval of the Secretary of
Homeland Security or the Secretary of Defense;
and
(ii) upon notification to Congress.
(D) Definitions.--In this paragraph:
(i) Covered foreign entity.--The term
``covered foreign entity'' means an entity
included on a list developed and maintained by
the Federal Acquisition Security Council. The
list shall include entities in the following
categories:
(I) An entity included on the
Consolidated Screening List.
(II) Any entity that is subject to
extrajudicial direction from a foreign
government, as determined by the
Secretary of Homeland Security.
(III) Any entity the Secretary of
Homeland Security, in coordination with
the Director of National Intelligence
and the Secretary of Defense,
determines poses a national security
risk.
(IV) Any entity domiciled in the
People's Republic of China or subject
to influence or control by the
Government of the People's Republic of
China or the Communist Party of the
People's Republic of China, as
determined by the Secretary of Homeland
Security.
(V) Any subsidiary or affiliate of
an entity described in subclauses (I)
through (IV).
(ii) Covered unmanned aircraft system.--The
term ``covered unmanned aircraft system'' has
the meaning given the term ``unmanned aircraft
system'' in section 44801 of title 49, United
States Code.
(4) Savings clause.--
(A) In general.--In carrying out activities under
this subsection, the Under Secretary shall ensure that
any testing or deployment of uncrewed aircraft systems
follow procedures, restrictions, and protocols
established by the heads of the Federal agencies with
statutory or regulatory jurisdiction over any airspace
in which wildfire response activities are conducted
during an active wildfire event.
(B) Consultation and coordination.--The Under
Secretary shall consult and coordinate with relevant
Federal land management agencies, Federal science
agencies, and the Federal Aviation Administration to
develop processes for the appropriate deployment of the
systems described in subparagraph (A).
(c) Additional Pilot Projects.--The Under Secretary shall establish
additional pilot projects relating to the fire weather testbed that may
include the following elements:
(1) Advanced satellite detection products.
(2) Procurement and use of commercial data.
SEC. 9. FIRE WEATHER SURVEYS AND ASSESSMENTS.
(a) Annual Post-fire-weather Season Survey and Assessment.--
(1) In general.--During the second winter following the
enactment of this Act, and each year thereafter, the Under
Secretary shall conduct a post-fire-weather season survey and
assessment.
(2) Elements.--After conducting a post-fire-weather season
survey and assessment under paragraph (1), the Under Secretary
shall--
(A) investigate any gaps in data collected during
the assessment;
(B) identify and implement strategies and
procedures to improve program services and information
dissemination;
(C) update systems, processes, strategies, and
procedures to enhance the efficiency and reliability of
data obtained from the assessment;
(D) evaluate the accuracy and efficacy of physical
fire weather forecasting information for each incident
included in the survey and assessment; and
(E) assess and refine performance measures, as
needed.
(b) Surveys and Assessments Following Individual Wildfire Events.--
The Under Secretary may conduct surveys and assessments following
individual wildfire events as the Under Secretary determines necessary.
(c) Goal.--In carrying out activities under this section, the Under
Secretary shall seek to increase the number of post-wildfire community
impact studies, including by surveying individual and collective
responses and incorporating other applicable topics of social science
research.
(d) Annual Briefing.--Not less frequently than once each year, the
Under Secretary shall provide a briefing to the appropriate committees
of Congress that provides--
(1) an overview of the fire season; and
(2) an outlook for the fire season for the coming year.
(e) Coordination.--In conducting any survey or assessment under
this section, the Under Secretary shall coordinate with Federal, State,
and local partners, Tribal governments, private entities, and such
institutions of higher education as the Under Secretary considers
relevant in order to--
(1) improve operations and collaboration; and
(2) optimize data collection, sharing, integration,
assimilation, and dissemination.
(f) Data Availability.--The Under Secretary shall make the data and
findings obtained from each assessment conducted under this section
available to the public in an accessible digital format as soon as
practicable after conducting the assessment.
(g) Service Improvements.--The Under Secretary shall make best
efforts to incorporate the results and recommendations of each
assessment conducted under this section into the research and
development plan and operations of the Administration.
SEC. 10. INCIDENT METEOROLOGIST SERVICE.
(a) Establishment.--The Under Secretary shall establish and
maintain an Incident Meteorologist Service within the National Weather
Service (in this section referred to as the ``Service'').
(b) Inclusion of Existing Incident Meteorologists.--The Service
shall include--
(1) the incident meteorologists of the Administration as of
the date of the enactment of this Act; and
(2) such incident meteorologists of the Administration as
may be appointed after such date.
(c) Functions.--The Service shall provide--
(1) on-site impact-based decision support services to
Federal, State, Tribal government, and local government
emergency response agencies preceding, during, and following
wildland fires or other events that threaten life or property,
including high-impact and extreme weather events; and
(2) support to Federal, State, Tribal government, and local
government decision makers, partners, and stakeholders for
seasonal planning.
(d) Deployment.--The Service shall be deployed--
(1) as determined by the Under Secretary; or
(2) at the request of the head of another Federal agency
and with the approval of the Under Secretary.
(e) Staffing and Resources.--In establishing and maintaining the
Service, the Under Secretary shall identify, acquire, and maintain
adequate levels of staffing and resources to meet user needs.
(f) Symbol.--
(1) In general.--The Under Secretary may--
(A) create, adopt, and publish in the Federal
Register a symbol for the Service; and
(B) restrict the use of such symbol as appropriate.
(2) Use of symbol.--The Under Secretary may authorize the
use of a symbol adopted under this subsection by any individual
or entity as the Under Secretary considers appropriate.
(3) Contract authority.--The Under Secretary may award
contracts for the creation of symbols under this subsection.
(4) Offense.--It shall be unlawful for any person--
(A) to represent themselves as an official of the
Service absent the designation or approval of the Under
Secretary;
(B) to manufacture, reproduce, or otherwise use any
symbol adopted by the Under Secretary under this
subsection, including to sell any item bearing such a
symbol, unless authorized by the Under Secretary; or
(C) to violate any regulation promulgated by the
Secretary under this subsection.
(g) Support for Incident Meteorologists.--The Under Secretary shall
provide resources, access to real-time fire weather forecasts,
training, administrative and logistical support, and access to
professional counseling or other forms of support as the Under
Secretary considers appropriate for the betterment of the emotional and
mental health and well-being of incident meteorologists and other
employees of the Administration involved with response to high-impact
and extreme fire weather events.
SEC. 11. AUTOMATED SURFACE OBSERVING SYSTEM.
(a) Joint Assessment and Plan.--
(1) In general.--The Under Secretary, in collaboration with
the Administrator of the Federal Aviation Administration and
the Secretary of Defense, shall--
(A) conduct an assessment of resources, personnel,
procedures, and activities necessary to maximize the
functionality and utility of the automated surface
observing system of the United States that identifies--
(i) key system upgrades needed to improve
observation quality and utility for weather
forecasting, aviation safety, and other users;
(ii) improvements needed in observations
within the planetary boundary layer, including
mixing height;
(iii) improvements needed in public
accessibility of observational data;
(iv) improvements needed to reduce latency
in reporting of observational data;
(v) relevant data to be collected for the
production of forecasts or forecast guidance
relating to atmospheric composition, including
particulate and air quality data, and aviation
safety;
(vi) areas of concern regarding operational
continuity and reliability of the system, which
may include needs for on-night staff,
particularly in remote and rural areas and
areas where system failure would have the
greatest negative impact to the community;
(vii) stewardship, data handling, data
distribution, and product generation needs
arising from upgrading and changing the
automated surface observation systems;
(viii) possible solutions for areas of
concern identified under clause (vi), including
with respect to the potential use of backup
systems, power and communication system
reliability, staffing needs and personnel
location, and the acquisition of critical
component backups and proper storage location
to ensure rapid system repair necessary to
ensure system operational continuity; and
(ix) research, development, and transition
to operations needed to develop advanced data
collection, quality control, and distribution
so that the data are provided to models, users,
and decision support systems in a timely
manner; and
(B) develop and implement a plan that addresses the
findings of the assessment conducted under subparagraph
(A), including by seeking and allocating resources
necessary to ensure that system upgrades are
standardized across the Administration, the Federal
Aviation Administration, and the Department of Defense
to the extent practicable.
(2) Standardization.--Any system standardization
implemented under paragraph (1)(B) shall not impede activities
to upgrade or improve individual units of the system.
(3) Remote automatic weather station coordination.--The
Under Secretary, in collaboration with relevant Federal
agencies and the National Interagency Fire Center, shall assess
and develop cooperative agreements to improve coordination,
interoperability standards, operations, and placement of remote
automatic weather stations for the purpose of improving utility
and coverage of remote automatic weather stations, automated
surface observation systems, smoke monitoring platforms, and
other similar stations and systems for weather and climate
operations.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Under Secretary, in
collaboration with the Administrator of the Federal Aviation
Administration and the Secretary of Defense, shall submit to
the appropriate committees of Congress a report that--
(A) details the findings of the assessment required
by subparagraph (A) of subsection (a)(1); and
(B) the plan required by subparagraph (B) of such
subsection.
(2) Elements.--The report required by paragraph (1) shall
include a detailed assessment of appropriations required--
(A) to address the findings of the assessment
required by subparagraph (A) of subsection (a)(1); and
(B) to implement the plan required by subparagraph
(B) of such subsection.
(c) Government Accountability Office Report.--Not later than 4
years after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a report that--
(1) evaluates the functionality, utility, reliability, and
operational status of the automated surface observing system
across the Administration, the Federal Aviation Administration,
and the Department of Defense;
(2) evaluates the progress, performance, and implementation
of the plan required by subsection (a)(1)(B);
(3) assesses the efficacy of cross-agency collaboration and
stakeholder engagement in carrying out the plan and provides
recommendations to improve such activities;
(4) evaluates the operational continuity and reliability of
the system, particularly in remote and rural areas and areas
where system failure would have the greatest negative impact to
the community, and provides recommendations to improve such
continuity and reliability;
(5) assesses Federal coordination regarding the remote
automatic weather station network, air resource advisors, and
other Federal observing assets used for weather and climate
modeling and response activities, and provides recommendations
for improvements; and
(6) includes such other recommendations as the Comptroller
General determines are appropriate to improve the system.
SEC. 12. EMERGENCY RESPONSE ACTIVITIES.
(a) Definitions.--In this section:
(1) Basic pay.--The term ``basic pay'' includes any
applicable locality-based comparability payment under section
5304 of title 5, United States Code, any applicable special
rate supplement under section 5305 of such title, or any
equivalent payment under a similar provision of law.
(2) Covered employee.--The term ``covered employee'' means
an employee of the Department of Commerce.
(3) Covered services.--The term ``covered services'' means
services performed by a covered employee while serving as an
incident meteorologist accompanying a wildland firefighter
crew.
(4) Employee.--The term ``employee'' has the meaning given
that term in section 2105 of title 5, United States Code.
(5) Premium pay.--The term ``premium pay'' means premium
pay for the purposes of section 5547(a) of title 5, United
States Code.
(b) Waiver.--
(1) In general.--Any premium pay received by a covered
employee for covered services shall be disregarded in
calculating the aggregate of the basic pay and premium pay for
the covered employee for purposes of applying the limitation on
premium pay under section 5547(a) of title 5, United States
Code.
(2) Limitation.--A covered employee may be paid premium pay
that is disregarded under paragraph (1) only to the extent that
the aggregate of the basic pay and premium pay paid to that
covered employee in the applicable calendar year, including
premium pay that is disregarded under that paragraph, does not
exceed the rate of basic pay for a position at level II of the
Executive Schedule under section 5313 of title 5, United States
Code, as in effect at the end of that calendar year.
(c) Application.--If the application of subsection (b) results in
the payment of additional pay to a covered employee of a type that is
normally creditable as basic pay for retirement or any other purpose,
that additional pay shall not--
(1) be considered to be basic pay of the covered employee
for any purpose; or
(2) be used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under section
5551 or 5552 of title 5, United States Code.
(d) Amendment.--Section 5542(a)(5) of title 5, United States Code,
is amended by inserting ``, the Department of Commerce,'' after
``Interior''.
(e) Effective Date.--This section and the amendment made by this
section shall take effect as if enacted on January 1, 2020.
(f) Policies and Procedures for Health, Safety, and Well-being.--
The Under Secretary shall maintain polices and procedures to promote
the health, safety, and well-being of covered employees.
SEC. 13. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON INTERAGENCY
WILDFIRE FORECASTING, PREVENTION, PLANNING, AND
MANAGEMENT BODIES.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report that--
(1) identifies all Federal interagency bodies established
for the purpose of wildfire forecasting, prevention, planning,
and management (such as wildfire councils, commissions, and
workgroups), including--
(A) the Wildland Fire Leadership Council;
(B) the National Interagency Fire Center;
(C) the Wildland Fire Management Policy Committee;
(D) the Wildland Fire Mitigation and Management
Commission;
(E) the Joint Science Fire Program;
(F) the National Interagency Coordination Center;
(G) the National Predictive Services Oversight
Group;
(H) the Interagency Council for Advancing
Meteorological Services;
(I) the National Wildfire Coordinating Group;
(J) the National Multi-Agency Coordinating Group;
and
(K) the Mitigation Framework Leadership Group;
(2) evaluates the roles, functionality, and utility of such
interagency bodies;
(3) evaluates the progress, performance, and implementation
of such interagency bodies;
(4) assesses efficacy and identifies potential overlap and
duplication of such interagency bodies in carrying out
interagency collaboration with respect to wildfire prevention,
planning, and management; and
(5) includes such other recommendations as the Comptroller
General determines are appropriate to streamline and improve
wildfire forecasting, prevention, planning, and management,
including recommendations regarding the interagency bodies for
which the addition of the Administration is necessary to
improve wildfire forecasting, prevention, planning, and
management.
SEC. 14. AMENDMENTS TO INFRASTRUCTURE INVESTMENT AND JOBS ACT RELATING
TO WILDFIRE MITIGATION.
The Infrastructure Investment and Jobs Act (Public Law 117-58; 135
Stat. 429) is amended--
(1) in section 70202--
(A) in paragraph (1)--
(i) in subparagraph (J), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (K), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(L) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(M) the Committee on Science, Space, and
Technology of the House of Representatives.''; and
(B) in paragraph (6)--
(i) in subparagraph (B), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) The Secretary of Commerce, acting through the
Under Secretary of Commerce for Oceans and
Atmosphere.''; and
(2) in section 70203(b)(1)(B)--
(A) in the matter preceding clause (i), by striking
``9'' and inserting ``not fewer than 10'';
(B) in clause (i)--
(i) in subclause (IV), by striking ``;
and'' and inserting a semicolon;
(ii) in subclause (V), by adding ``and'' at
the end; and
(iii) by adding at the end the following:
``(VI) the National Oceanic and
Atmospheric Administration.'';
(C) in clause (iv), by striking ``; and'' and
inserting a semicolon; and
(D) by adding at the end the following:
``(vi) if the Secretaries determine it to
be appropriate, 1 or more representatives from
the relevant line offices of the National
Oceanic and Atmospheric Administration; and''.
SEC. 15. WILDFIRE TECHNOLOGY MODERNIZATION AMENDMENTS.
Section 1114 of the John D. Dingell, Jr. Conservation, Management,
and Recreation Act (43 U.S.C. 1748b-1) is amended--
(1) in subsection (c)(3), by inserting ``the National
Oceanic and Atmospheric Administration,'' after ``Federal
Aviation Administration,'';
(2) in subsection (e)(2)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Consultation.--
``(i) In general.--In carrying out
subparagraph (A), the Secretaries shall consult
with the Under Secretary of Commerce for Oceans
and Atmosphere regarding any development of
impact-based decision support services that
relate to wildlife-related activities of the
National Oceanic and Atmospheric
Administration.
``(ii) Definition of impact-based decision
support services.--In this subparagraph, the
term `impact-based decision support services'
means forecast advice and interpretative
services the National Oceanic and Atmospheric
Administration provides to help core partners,
such as emergency personnel and public safety
officials, make decisions when weather, water,
and climate impact the lives and livelihoods of
the people of the United States.''; and
(3) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving
such subparagraphs, as so redesignated, 2 ems to the
right;
(B) by striking ``The Secretaries'' and inserting
the following:
``(1) In general.--The Secretaries''; and
(C) by adding at the end the following:
``(2) Collaboration.--In carrying out paragraph (1), the
Secretaries shall collaborate with the Under Secretary of
Commerce for Oceans and Atmosphere to improve coordination,
utility of systems and assets, and interoperability of data for
smoke prediction, forecasting, and modeling.''.
SEC. 16. COOPERATION; COORDINATION; SUPPORT TO NON-FEDERAL ENTITIES.
(a) Cooperation.--Each Federal agency shall cooperate and
coordinate with the Under Secretary, as appropriate, in carrying out
this Act and the amendments made by this Act.
(b) Coordination.--
(1) In general.--In meeting the requirements under this Act
and the amendments made by this Act, the Under Secretary shall
coordinate, and as appropriate, establish agreements with
Federal and external partners to fully use and leverage
existing assets, systems, networks, technologies, and sources
of data.
(2) Inclusions.--Coordination carried out under paragraph
(1) shall include coordination with--
(A) the National Interagency Fire Center, including
the Predictive Services Program that provides impact-
based decision support services to the wildland fire
community at the Geographic Area Coordination Center
and the National Interagency Coordination Center;
(B) the National Wildfire Coordinating Group; and
(C) relevant interagency bodies identified in the
report required by section 13.
(3) Consultation.--In carrying out this subsection, the
Under Secretary shall consult with Federal partners including--
(A) the National Aeronautics and Space
Administration;
(B) the Department of the Interior;
(C) the Federal Emergency Management Agency;
(D) the National Science Foundation;
(E) the United States Geological Survey;
(F) the Department of Agriculture;
(G) the Environmental Protection Agency;
(H) the Department of Energy;
(I) the Department of Defense;
(J) the National Institute of Standards and
Technology; and
(K) such other departments and agencies as the
Under Secretary considers relevant.
(c) Coordination With Non-Federal Entities.--Not later than 540
days after the date of the enactment of this Act, the Under Secretary
shall develop and submit to the appropriate committees of Congress a
process for annual coordination with Tribal, State, and local
governments to assist the development of improved fire weather products
and services.
(d) Support to Non-Federal Entities.--In carrying out the
activities under this Act and the amendments made by this Act, the
Under Secretary may provide support to non-Federal entities by making
funds and resources available through--
(1) competitive grants;
(2) contracts under the mobility program under subchapter
VI of chapter 33 of title 5, United States Code (commonly
referred to as the ``Intergovernmental Personnel Act Mobility
Program'');
(3) cooperative agreements; and
(4) colocation agreements as described in section 502 of
the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C.
851 note prec.).
SEC. 17. INTERNATIONAL COORDINATION.
(a) In General.--The Under Secretary may develop collaborative
relationships and agreements with foreign partners and counterparts to
address transboundary issues pertaining to wildfires, fire weather,
smoke, air quality, and associated conditions and hazards or other
relevant meteorological phenomena, as appropriate, to facilitate full
and open exchange of data and information.
(b) Consultation.--In carrying out activities under this section,
the Under Secretary shall consult with the Department of State and such
other Federal partners as the Under Secretary considers relevant.
SEC. 18. SUBMISSIONS TO CONGRESS REGARDING THE FIRE WEATHER SERVICES
PROGRAM, INCIDENT METEOROLOGIST WORKFORCE NEEDS, AND
NATIONAL WEATHER SERVICE WORKFORCE SUPPORT.
(a) Report to Congress.--Not later than 540 days after the date of
the enactment of this Act, the Under Secretary shall submit to the
appropriate committees of Congress--
(1) the plan described in subsection (b);
(2) the assessment described in subsection (c); and
(3) the assessment described in subsection (d).
(b) Fire Weather Services Program Plan.--
(1) Elements.--The plan submitted under subsection (a)(1)
shall detail--
(A) the observational data, modeling requirements,
ongoing computational needs, research, development, and
technology transfer activities, data management,
skilled-personnel requirements, engagement with
relevant Federal emergency and land management agencies
and partners, and corresponding resources and timelines
necessary to achieve the functions described in
subsection (b) of section 3 and the priorities
described in subsection (c) of such section; and
(B) plans and needs for all other activities and
requirements under this Act and the amendments made by
this Act.
(2) Submittal of annual budget for plan.--Following
completion of the plan submitted under subsection (a)(1), the
Under Secretary shall, not less frequently than once each year
concurrent with the submission of the budget by the President
to Congress under section 1105 of title 31, United States Code,
submit to Congress a proposed budget corresponding with the
elements detailed in the plan.
(c) Incident Meteorologist Workforce Needs Assessment.--
(1) In general.--The Under Secretary shall conduct a
workforce needs assessment on the current and future demand for
additional incident meteorologists for wildfires and other
high-impact fire weather events.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) A description of staffing levels as of the date
on which the assessment is submitted under subsection
(a)(2) and projected future staffing levels.
(B) An assessment of the state of the
infrastructure of the National Weather Service as of
the date on which the assessment is submitted and
future needs of such infrastructure in order to meet
current and future demands, including with respect to
information technology support and logistical and
administrative operations.
(3) Considerations.--In conducting the assessment required
by paragraph (1), the Under Secretary shall consider factors
including projected climate conditions, infrastructure,
relevant hazard meteorological response system equipment, user
needs, and feedback from relevant stakeholders.
(d) Support Services Assessment.--
(1) In general.--The Under Secretary shall conduct a
workforce support services assessment with respect to employees
of the National Weather Service engaged in emergency response.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) An assessment of need for further support of
employees of the National Weather Service engaged in
emergency response through services provided by the
Public Health Service.
(B) A detailed assessment of appropriations
required to secure the level of support services needed
as identified in the assessment described in
subparagraph (A).
(3) Additional support services.--Following the completion
of the assessment required by paragraph (1), the Under
Secretary shall seek to acquire additional support services to
meet the needs identified in the assessment.
SEC. 19. GOVERNMENT ACCOUNTABILITY OFFICE REPORT; FIRE SCIENCE AND
TECHNOLOGY WORKING GROUP; STRATEGIC PLAN.
(a) Government Accountability Office Report.--Not later than 1 year
after the date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report that identifies--
(1) the authorities, roles, and science and support
services relating to wildland fire prediction, detection,
forecasting, modeling, resilience, response, management, and
assessment provided by--
(A) the Department of Commerce, including the
Administration and the National Institute of Standards
and Technology;
(B) the National Aeronautics and Space
Administration;
(C) the Department of the Interior;
(D) the Department of Agriculture;
(E) the National Science Foundation;
(F) the Department of Energy;
(G) the Federal Emergency Management Agency;
(H) the Department of Transportation;
(I) the Environmental Protection Agency; and
(J) the Department of Defense; and
(2) recommended areas in and mechanisms by which the
agencies listed under paragraph (1) could support and improve--
(A) coordination between Federal agencies, State
and local governments, Tribal governments, and other
relevant stakeholders, including through examination of
possible public-private partnerships;
(B) research and development, including
interdisciplinary research, related to fire
environments, wildland fires, associated smoke, and the
impacts of such environments, fires, and smoke, in
furtherance of a coordinated interagency effort to
address wildland fire risk reduction;
(C) data management and stewardship, the
development and coordination of data systems and
computational tools, and the creation of a centralized,
integrated data collaboration environment for agency
data, including historical data, relating to weather,
fire environments, wildland fires, associated smoke,
and the impacts of such environments, fires, and smoke,
and the assessment of wildland fire risk mitigation
measures;
(D) interoperability, usability, and accessibility
of the scientific data, data systems, and computational
and information tools of the agencies listed under
paragraph (1);
(E) coordinated public safety communications
relating to fire weather events, fire hazards, and
wildland fire and smoke risk reduction strategies; and
(F) secure and accurate real-time data, alerts, and
advisories to wildland firefighters and other decision
support tools for wildland fire incident command posts.
(b) Fire Science and Technology Working Group.--
(1) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the Executive Director of the
Interagency Committee for Advancing Weather Services
established under section 402 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8542) (in this
section referred to as the ``Interagency Committee'') shall
establish a working group, to be known as the ``Fire Science
and Technology Working Group'' (in this section referred to as
the ``Working Group'').
(2) Chair.--The Working Group shall be chaired by the Under
Secretary, or designee.
(3) General duties.--
(A) In general.--The Working Group shall seek to
build efficiencies among the agencies listed under
subsection (a)(1) and coordinate the planning and
management of science, research, technology, and
operations related to science and support services for
wildland fire prediction, detection, forecasting,
modeling, resilience, response, management, and
assessments.
(B) Input.--The Working Group shall solicit input
from non-Federal stakeholders.
(c) Strategic Plan.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Interagency Committee shall
prepare and submit to Congress a strategic plan for interagency
coordination, research, and development that will improve the
assessment of fire environments and the understanding and
prediction of wildland fires, associated smoke, and the impacts
of such fires and smoke, including--
(A) at the wildland-urban interface;
(B) on communities, buildings, and other
infrastructure;
(C) on ecosystem services and watersheds;
(D) social and economic impacts;
(E) by developing and encouraging the adoption of
science-based and cost-effective measures--
(i) to enhance community resilience to
wildland fires;
(ii) to address and mitigate the impacts of
wildland fire and associated smoke; and
(iii) to restore natural fire regimes in
fire-dependent ecosystems;
(F) by improving the understanding and mitigation
of the effects of weather and long-term drought on
wildland fire risk, frequency, and severity;
(G) through integrations of social and behavioral
sciences in public safety fire communication;
(H) by improving the forecasting and understanding
of prescribed fires and the impacts of such fires, and
how those impacts may differ from impacts of wildland
fires that originate from an unplanned ignition; and
(I) consideration and adoption of any
recommendations included in the report required by
subsection (a) pursuant to paragraph (2) of such
subsection.
(2) Plan elements.--The strategic plan required by
paragraph (1) shall include the following:
(A) A description of the priorities and needs of
vulnerable populations.
(B) A description of high-performance computing,
visualization, and dissemination needs.
(C) A timeline and guidance for implementation of--
(i) an interagency data sharing system for
data relevant to performing fire assessments
and modeling fire risk and fire behavior;
(ii) a system for ensuring that the fire
prediction models of relevant agencies can be
interconnected; and
(iii) to the maximum extent practicable,
any recommendations included in the report
required by subsection (a).
(D) A plan for incorporating and coordinating
research and operational observations, including from
infrared technologies, microwave, radars, satellites,
mobile weather stations, and uncrewed aerial systems.
(E) A flexible framework to communicate clear and
simple fire event information to the public.
(F) Integration of social, behavioral, risk, and
communication research to improve the fire operational
environment and societal information reception and
response.
SEC. 20. FIRE WEATHER RATING SYSTEM.
(a) In General.--The Under Secretary shall, in collaboration with
the Chief of the United States Forest Service, the Director of the
United States Geological Survey, the Director of the National Park
Service, the Administrator of the Federal Emergency Management Agency,
and such stakeholders as the Under Secretary considers appropriate--
(1) evaluate the system used as of the date of the
enactment of this Act to rate the risk of wildfire; and
(2) determine whether updates to that system are required
to ensure that the ratings accurately reflect the severity of
fire risk.
(b) Update Required.--If the Under Secretary determines under
subsection (a) that updates to the system described in paragraph (1) of
such subsection are necessary, the Under Secretary shall update that
system.
SEC. 21. AVOIDANCE OF DUPLICATION.
(a) In General.--The Under Secretary shall ensure, to the greatest
extent practicable, that activities carried out under this Act and the
amendments made by this Act are not duplicative of activities supported
by other parts of the Administration or other relevant Federal
agencies.
(b) Coordination.--In carrying out activities under this Act and
the amendments made by this Act, the Under Secretary shall coordinate
with the Administration and heads of other Federal research agencies--
(1) to ensure those activities enhance and complement, but
do not constitute unnecessary duplication of, efforts; and
(2) to ensure the responsible stewardship of funds.
SEC. 22. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts appropriated under title
VIII of division D of the Infrastructure Investment and Jobs Act
(Public Law 117-58; 135 Stat. 1094), there are authorized to be
appropriated to the Administration to carry out new policies and
programs to address fire weather under this Act and the amendments made
by this Act--
(1) $15,000,000 for fiscal year 2023;
(2) $111,360,000 for fiscal year 2024;
(3) $116,928,000 for fiscal year 2025;
(4) $122,774,400 for fiscal year 2026; and
(5) $128,913,120 for fiscal year 2027.
(b) Prohibition.--None of the amounts authorized to be appropriated
by subsection (a) may be used to unnecessarily duplicate activities
funded under title VIII of division D of the Infrastructure Investment
and Jobs Act (Public Law 117-58; 135 Stat. 1094).
Calendar No. 662
117th CONGRESS
2d Session
S. 4237
_______________________________________________________________________
A BILL
To establish and maintain a coordinated program within the National
Oceanic and Atmospheric Administration that improves wildfire, fire
weather, fire risk, and smoke related forecasting, detection, modeling,
observations, and service delivery, and to address growing needs in the
wildland-urban interface, and for other purposes.
_______________________________________________________________________
December 15, 2022
Reported with an amendment