Fire Ready Nation Act of 2022
This bill establishes fire weather programs and activities to improve fire forecasting and readiness.
The National Oceanic and Atmospheric Administration (NOAA) shall
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4237 Introduced in Senate (IS)]
<DOC>
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 and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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,
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. 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) Decadal.--The term ``decadal'' means a time range from
multiple years to multiple decades.
(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.
(5) 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.
(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.
(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.
(8) Seasonal.--The term ``seasonal'' means a time range
between 3 months and 2 years.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(10) Smoke.--The term ``smoke'' means emissions, including
the gases and particles released into the air as a result of
combustion.
(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.
(12) Subseasonal.--The term ``subseasonal'' means a time
range between 2 weeks and 3 months.
(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).
(14) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere.
(15) Weather enterprise.--The term ``weather enterprise''
means--
(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
(B) primary consumers of those weather forecast
products.
(16) Wildfire.--The term ``wildfire'' means any
nonstructure fire that occurs in vegetation or natural fuels,
originating from an unplanned ignition.
(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.
SEC. 3. ESTABLISHMENT OF FIRE WEATHER SERVICES PROGRAM.
(a) In General.--The Under Secretary shall establish and maintain a
coordinated fire weather services program within the Administration.
(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 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;
(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, 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;
(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 all timescales;
(B) include variables associated with fire weather,
air quality from smoke, and the fire environment, and
other variables, as determined by the Under Secretary;
(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 observational capabilities, including
satellite-, airborne-, air-, and ground-based systems and
technologies 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 of ignitions;
(C) support observations and data collection of
fire weather and fire environment variables 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, 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) evaluate and provide data, tools, and services to
support determinations for the implementation of mitigation
measures such as prescribed burns and selective thinning;
(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
(9) 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.
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 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--
(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
(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.
(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.
(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.
(d) Data Management.--The Under Secretary shall develop and
maintain services that provide public access to digital fire weather
data and information--
(1) to improve understanding and historical analysis of
wildfire and fire weather science, including inventories of
fire emissions required for multi-decadal model runs;
(2) to support--
(A) the archiving, stewardship, utility, and
preservation of wildfire and fire weather data
including satellite-, ground-, airborne-, and air-based
observations; and
(B) real-time and retrospective model forecasts;
(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
(4) to support equitable access, cross-sectoral
collaboration and innovation, and local planning and decision
making.
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) the transition of research and testbed developments
into operations; and
(2) skilled workforce development.
SEC. 7. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FIRE WEATHER
SERVICES PROGRAM.
(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).
(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);
(2) assess the efficacy of cross-agency collaboration and
stakeholder engagement in carrying out the program and provide
recommendations to improve such activities;
(3) assess the program for inefficiencies, identify
duplicative efforts across Federal efforts, and provide
relevant recommendations; and
(4) 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;
and
(B) transition uncrewed aircraft systems
technologies from research to operations as the Under
Secretary considers appropriate.
(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.
(3) 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 and the Federal
Aviation Administration to develop processes for the
appropriate deployment of the systems described in
subparagraph (A).
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 this 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.
(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, 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--
(A) serving as an incident meteorologist
accompanying a wildland firefighter crew;
(B) serving--
(i) on an incident management team;
(ii) as an emergency response specialist;
(iii) at the National Interagency Fire
Center;
(iv) at a Geographic Area Coordination
Center; or
(v) at an operations center; or
(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.
(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) 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.
(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.
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 National Interagency Fire Center;
(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, 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, all
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. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administration to
carry out this Act and the amendments made by this Act--
(1) $55,000,000 for fiscal year 2023;
(2) $125,000,000 for fiscal year 2024;
(3) $135,000,000 for fiscal year 2025;
(4) $150,000,000 for fiscal year 2026; and
(5) $200,000,000 for fiscal year 2027.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Cantwell with an amendment in the nature of a substitute. Without written report.
Committee on Commerce, Science, and Transportation. Reported by Senator Cantwell with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 662.
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