[House Report 118-214]
[From the U.S. Government Publishing Office]


118th Congress    }                                       {     Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                       {    118-214

======================================================================



 
                  FIRE WEATHER DEVELOPMENT ACT OF 2023

                                _______
                                

 September 22, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Lucas, from the Committee on Science, Space, and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4866]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 4866) to direct the Administrator 
of the National Oceanic and Atmospheric Administration to 
establish a program to improve fire weather and fire 
environment forecasting, detection, and local collaboration, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     7
Background and Need for Legislation..............................     8
Legislative History..............................................     8
Section-by-Section...............................................     9
Related Committee Hearings.......................................    11
Committee Consideration..........................................    11
Roll Call Votes..................................................    12
Application of Law to the Legislative Branch.....................    14
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    14
Statement of General Performance Goals and Objectives............    14
Duplication of Federal Programs..................................    14
Federal Advisory Committee Act...................................    14
Unfunded Mandate Statement.......................................    14
Earmark Identification...........................................    14
Committee Cost Estimate..........................................    14
New Budget Authority, Entitlement Authority, and Tax Expenditures    15
Congressional Budget Office Cost Estimate........................    15
Changes in Existing Law Made by the Bill, as Reported............    15

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Fire Weather Development Act of 
2023''.

SEC. 2. FIRE WEATHER FORECASTING AND DETECTION.

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

SEC. 3. INTERAGENCY COORDINATING COMMITTEE ON WILDFIRES.

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

SEC. 4. NATIONAL ADVISORY COMMITTEE ON WILDFIRES.

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

SEC. 5. ESTABLISHMENT OF FIRE WEATHER TESTBED.

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

SEC. 6. INCIDENT METEOROLOGIST WORKFORCE.

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

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

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

SEC. 8. DEFINITIONS.

  In this Act:
          (1) Fire environment.--The term ``fire environment'' means--
                  (A) the environmental conditions, such as soil 
                moisture, vegetation, topography, snowpack, atmospheric 
                temperature, moisture, and wind, that influence--
                          (i) fuel and fire behavior; and
                          (ii) smoke dispersion and transport; and
                  (B) the associated environmental impacts occurring 
                during and after fire events.
          (2) Fire weather.--The term ``fire weather'' means the 
        weather conditions that influence the start, spread, character, 
        or behavior of wildfires or fires at the wildland-urban 
        interface and relevant meteorological and chemical phenomena, 
        including air quality, smoke, and meteorological parameters 
        such as relative humidity, air temperature, wind speed and 
        direction, and atmospheric composition and chemistry, including 
        emissions and mixing heights.

                          Purpose and Summary

    H.R. 4866, the Fire Weather Development Act of 2023, 
improves Federal assessment of fire weather and fire 
environments, understanding and prediction of wildfires, and 
communications regarding such assessments with State and local 
emergency officials in a timely and streamlined fashion. 
Specifically, this bill directs the Administrator of the 
National Oceanic and Atmospheric Administration (NOAA) to 
establish a program to improve fire weather and fire 
environment forecasting, detection, and delivery of products or 
services through collaboration with other Federal and State 
agencies or departments, local emergency mangers, and relevant 
entities.

                  Background and Need for Legislation

    In 2022 alone, the National Interagency Fire Center 
reported almost 69,000 wildfires that burned nearly 7.6 million 
acres across the country. Over the last 5 years, the average 
annual cost for Federal firefighting and suppression has been 
$2.8 billion. While forest and land management can help prevent 
wildfires, long- and short-term fire weather observations and 
modeling also play a critical role.
    The Fire Weather Development Act of 2023 directs NOAA to 
develop and improve accurate fire weather and fire environment 
forecasts and warnings in order to reduce loss of life, reduce 
injuries, protect property, and reduce damage to the economy 
from wildfires. This will improve forecasting, detection, and 
delivery of products or services through collaboration with 
Federal and State agencies or departments, local emergency 
managers, and other relevant entities.
    As demonstrated by reduced air quality on the East Coast 
caused by smoke from wildfires in Canada this year, even remote 
wildfires can have impacts on the health and wellbeing of 
distant people and environments. Therefore, H.R. 4866 places an 
emphasis on developing and using novel technologies such as 
advanced satellite detection coupled with atmosphere and fire 
weather modeling systems and active sensors suitable for 
potential deployment on spacecraft, aircraft, and unmanned 
aircraft systems. These technologies improve the monitoring and 
forecasting of fire fuel and active wildfires, wildfire 
behavior models and forecasts, fire mapping, and the prediction 
of wildfires and their impacts, while also reducing the risks 
of sending firefighters and operators into potential danger.
    The Fire Weather Development Act of 2023 also recognizes 
the critical need for interagency collaboration. The 
legislation establishes an Interagency Coordinating Committee 
on Wildfires, whose purpose is to coordinate at the Federal 
level the development of accurate and timely wildfire 
forecasting, detection, monitoring, and delivery of related 
products or services that best assist State and local emergency 
officials while avoiding duplication of activities.
    In addition to the creation of the committee, H.R. 4866 
also establishes a National Advisory Council on Wildfires. This 
advisory committee will comprise of members independent of the 
federal government to provide advice to the Coordinating 
Committee regarding wildfire forecasting, detection, 
monitoring, and delivery of products and services. This ensures 
that the local officials, communities, and people who are 
directly affected by wildfires have a seat at the table and can 
provide input on what tools or services are most needed.

                          Legislative History

    H.R. 4866 was introduced on July 25, 2023, by 
Representative Garcia (R-CA) and is cosponsored by Reps. 
Caraveo (D-CO) and Kim (R-CA).
    On July 27, 2023, the Committee on Science, Space, and 
Technology met to consider H.R. 4866.
    Rep. Babin offered an amendment to authorize NOAA to 
utilize the capabilities of unmanned aircraft systems for fire 
weather and fire environment observations and use a wildfire 
airspace operations system when developed by NASA. The 
amendment was agreed to by voice vote.
    Rep. Ross offered an amendment to exempt premium pay 
collected by Incident Meteorologists during emergency wildland 
fire suppression activities from the aggregate of such 
employee's annual basic and premium pay. The amendment was 
agreed to by voice vote.
    Chairman Lucas offered an amendment inserting the text of 
H.R. 369, the NIST Wildland Fire Communications and Information 
Dissemination Act, into the bill. The amendment was agreed to 
by voice vote.
    Chairman Lucas moved that Committee favorably report the 
bill, H.R. 4866, as amended, to the House of Representatives 
with the recommendation that the bill be approved. The motion 
was agreed to by a vote of 33-2.

                           Section-by-Section


Section 1. Short title

    The short title of this legislation is the ``Fire Weather 
Development Act of 2023.''

Section 2. Fire weather forecasting and detection

    This section directs the directs the Administrator of the 
National Oceanic and Atmospheric Administration (NOAA) to 
establish a program to improve fire weather and fire 
environment forecasting, detection, and delivery of products or 
services through collaboration with Federal and State agencies 
or departments, local emergency mangers, and relevant entities. 
This program is directed to be done in consultation with the 
National Interagency Fire Center to ensure a focus on unique 
research activities best suited for transition to operations.
    Within this section, the Administrator is directed to 
develop, including by competitive grants, contracts, and 
cooperative agreements, novel tools and technologies which may 
be applied to wildland fire research, monitoring, and 
mitigation activities.
    This section also directs NOAA to enter contracts with one 
or more private sector entities to obtain additional airborne 
and space-based data and observations that may enhance or 
supplement the understanding, monitoring, and prediction, of 
fire weather and fire environments.
    Additionally, this section authorizes the assessment, 
identification for testing, and transition of research to 
operations of unmanned aircraft systems (UAS) in support of 
fire weather and fire environment modeling, meteorological 
observations, predictions, and forecasts. In carrying out these 
activities, NOAA is prohibited from procuring any UAS that is 
manufactured or assembled by an entity in a foreign country of 
concern.

Section 3. Interagency Coordinating Committee on Wildfires

    This section directs the Director of the Office of Science 
and Technology Policy to establish the Interagency Coordinating 
Committee on Wildfires to coordinate the development of 
accurate and timely wildfire forecasting, detection, 
monitoring, and delivery of related products or services that 
best assist State and local emergency officials while avoiding 
duplication of activities at the Federal level.
    The Coordinating Committee is to be chaired by the 
Administrator of NOAA and include the heads or appropriate 
designees of the Federal Emergency Management Agency, United 
States Fire Administration, United States Forest Service, 
National Aeronautics and Space Administration, Department of 
the Interior, Department of Agriculture, United States 
Geological Survey, Office of Science and Technology Policy, and 
any other Federal department or agency the Director of the 
Office of Science and Technology Policy considers appropriate.
    This section requires that the Coordinating Committee 
submit to Congress a strategic plan for the NOAA Program that 
includes short-term, mid-term, and long- term objectives, a 
description of each agencies' role and how each will 
collaborate with stakeholders, a description of existing and 
new observational and data infrastructure needed, and how the 
Coordinating Committee's recommendation can be used by Federal, 
State, local, Tribal, and territorial planning.

Section 4. National Advisory Committee on Wildfires

    This section directs the Director of the Office of Science 
and Technology Policy to establish the National Advisory 
Committee on Wildfires to provide advice regarding wildfire 
forecasting, detection, monitoring, and delivery of related 
products or services.
    The Advisory Committee will consist of between 7 and 15 
non-Federal members from research and academic institutions, 
public communication or broadcast entities, emergency 
management agencies, State, local, or Tribal governments, the 
National Association of State Foresters, business communities, 
and other entities as designated by the Director of the Office 
of Science and Technology Policy.
    The Advisory Committee will offer assessments and 
recommendations related to tailored forecasting, detection, and 
monitoring products and tools; communication and delivery 
methods; opportunities to streamline Federal information 
dissemination; and the management, coordination, 
implementation, activities, and effectiveness of the 
Coordinating Committee. These assessments and reports will be 
transmitted biennially.

Section 5. Establishment of fire weather testbed

    This section directs the NOAA Administrator to establish a 
fire weather testbed in order to increase engagement across the 
Federal Government, State and local governments, academia, 
private and federally funded research laboratories, the private 
sector, and end- users. This research testbed will develop new 
and improved models, technologies and tools to support 
decisions that involve the total fire environment forecast 
including fire weather, ignition, spread, and behavior.
    This section authorizes $15,000,000 in FY 24 to be 
appropriated from amounts made available to the Procurement, 
Acquisition, and Construction account of NOAA to carry out this 
testbed.

Section 6. Incident Meteorologist workforce

    This section directs the NOAA Administrator to carry out an 
assessment of the National Weather Service workforce and 
training challenges for Incident Meteorologists and a roadmap 
for overcoming such challenges. The Administrator is directed 
to include the expected number of Incident Meteorologists 
needed over the next five years, as well as any hiring 
authorities needed or alternative services and assistance 
options to meet these needs.
    This section also included language to exempt premium pay 
collected by Incident Meteorologists during emergency wildland 
fire suppression activities from the aggregate of such 
employee's annual basic and premium pay. This ensures that 
meteorologist employed at a Weather Forecast Office can be 
deployed as Incident Meteorologists, receive overtime pay, and 
still be eligible to work overtime if another emergency 
situation arises when they return to the Weather Forecast 
Office.

Section 7. Research on wildland fire communications and information 
        dissemination

    This section directs the National Institute of Standards 
and Technology (NIST) to research and improve communication 
coordination standards among firefighters, fire management 
response officials, and the National Interagency Fire Center. 
It also authorizes NIST to carry out live and virtual field 
testing of equipment, software, and other technologies to 
improve communications during wildfires.

Section 8. Definitions

    This section defined the terms fire environment and fire 
weather.

                       Related Committee Hearings

    On July 12, 2023, the Committee held a hearing entitled 
Enhancing Fire Weather Prediction and Coordination. Members and 
witnesses discussed potential areas of improvement and their 
priorities related to the collection, distribution, and use of 
fire weather data, including the accessibility of both long- 
and short-term fire weather data and gaps.
    Witnesses:
           Mr. Mark Goeller, State Forester/Director 
        Oklahoma Department of Agriculture, Food and Forestry.
           Mr. James Peverill, Founder/CEO, GreenSight.
           Dr. Ali Tohidi, Assistant Professor of 
        Mechanical Engineering and Wildfire Dynamics, San Jose 
        State University.

                        Committee Consideration

    On July 27, 2023, the Committee met in open session and 
ordered reported favorably the bill, H.R. 4866, as amended, by 
roll call vote, a quorum being present.

                            Roll Call Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto. The following reflects the record votes 
taken during the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

              Application of Law to the Legislative Branch

    The Committee finds that H.R. 4866 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    Pursuant to clause (3)(c)(4) of rule XIII, the goal of H.R. 
4866 is to improve fire weather and fire environment 
forecasting, detection, and local collaboration.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, the Committee 
finds that no provision of H.R. 4866 establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, including any program 
that was included in a report to Congress pursuant to section 
21 of Public Law 111-139 or identified in the most recent 
Catalog of Federal Domestic Assistance.

                     Federal Advisory Committee Act

    The Committee finds that the legislation directs the 
establishment of an advisory committee within the definition of 
section 5(b) of the Federal Advisory Committee Act.

                       Unfunded Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. At the time this report was filed, this estimate was not 
yet available.

                         Earmark Identification

    Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4866 does not include any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 4866 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE




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PART III--EMPLOYEES

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SUBPART D--PAY AND ALLOWANCES

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CHAPTER 55--PAY ADMINISTRATION

           *       *       *       *       *       *       *



SUBCHAPTER V--PREMIUM PAY

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Sec. 5542. Overtime rates; computation

  (a) For full-time, part-time and intermittent tours of duty, 
hours of work officially ordered or approved in excess of 40 
hours in an administrative workweek, or (with the exception of 
an employee engaged in professional or technical engineering or 
scientific activities for whom the first 40 hours of duty in an 
administrative workweek is the basic workweek and an employee 
whose basic pay exceeds the minimum rate for GS-10 (including 
any applicable locality-based comparability payment under 
section 5304 or similar provision of law and any applicable 
special rate of pay under section 5305 or similar provision of 
law) for whom the first 40 hours of duty in an administrative 
workweek is the basic workweek) in excess of 8 hours in a day, 
performed by an employee are overtime work and shall be paid 
for, except as otherwise provided by this subchapter, at the 
following rates:
          (1) For an employee whose basic pay is at a rate 
        which does not exceed the minimum rate of basic pay for 
        GS-10 (including any applicable locality-based 
        comparability payment under section 5304 or similar 
        provision of law and any applicable special rate of pay 
        under section 5305 or similar provision of law), the 
        overtime hourly rate of pay is an amount equal to one 
        and one-half times the hourly rate of basic pay of the 
        employee, and all that amount is premium pay.
          (2) For an employee whose basic pay is at a rate 
        which exceeds the minimum rate of basic pay for GS-10 
        (including any applicable locality-based comparability 
        payment under section 5304 or similar provision of law 
        and any applicable special rate of pay under section 
        5305 or similar provision of law), the overtime hourly 
        rate of pay is an amount equal to the greater of one 
        and one-half times the hourly rate of the minimum rate 
        of basic pay for GS-10 (including any applicable 
        locality-based comparability payment under section 5304 
        or similar provision of law and any applicable special 
        rate of pay under section 5305 or similar provision of 
        law) or the hourly rate of basic pay of the employee, 
        and all that amount is premium pay.
          (3) Notwithstanding paragraphs (1) and (2) of this 
        subsection for an employee of the Department of 
        Transportation who occupies a nonmanagerial position in 
        GS-14 or under and, as determined by the Secretary of 
        Transportation,
                  (A) the duties of which are critical to the 
                immediate daily operation of the air traffic 
                control system, directly affect aviation 
                safety, and involve physical or mental strain 
                or hardship;
                  (B) in which overtime work is therefore 
                unusually taxing; and
                  (C) in which operating requirements cannot be 
                met without substantial overtime work;
        the overtime hourly rate of pay is an amount equal to 
        one and one-half times the hourly rate of basic pay of 
        the employee, and all that amount is premium pay.
          (4) Notwithstanding paragraph (2) of this subsection, 
        for an employee who is a law enforcement officer, and 
        whose basic pay is at a rate which exceeds the minimum 
        rate of basic pay for GS-10 (including any applicable 
        locality-based comparability payment under section 5304 
        or similar provision of law and any applicable special 
        rate of pay under section 5305 or similar provision of 
        law), the overtime hourly rate of pay is an amount 
        equal to the greater of--
                  (A) one and one-half times the minimum hourly 
                rate of basic pay for GS-10 (including any 
                applicable locality-based comparability payment 
                under section 5304 or similar provision of law 
                and any applicable special rate of pay under 
                section 5305 or similar provision of law); or
                  (B) the hourly rate of basic pay of the 
                employee,
        and all that amount is premium pay.
          (5) Notwithstanding paragraphs (1) and (2), for an 
        employee of the Department of the Interior, the 
        National Weather Service, or the United States Forest 
        Service in the Department of Agriculture engaged in 
        emergency wildland fire suppression activities, the 
        overtime hourly rate of pay is an amount equal to one 
        and one-half times the hourly rate of basic pay of the 
        employee, and all that amount is premium pay.
          (6)(A) Notwithstanding paragraphs (1) and (2), for an 
        employee of the Department of the Navy who is assigned 
        to temporary duty outside the United States to perform 
        work aboard, or dockside in direct support of, naval 
        vessels and who would be nonexempt under the Fair Labor 
        Standards Act of 1938 but for the application of the 
        foreign area exemption in section 13(f) of that Act (29 
        U.S.C. 213(f)), the employee shall be coded and paid 
        overtime as if the employee's exemption status under 
        that Act is the same as it is at the employee's 
        permanent duty station.
          (B) Subparagraph (A) shall expire on September 30, 
        2026.
  (b) For the purpose of this subchapter--
          (1) unscheduled overtime work performed by an 
        employee on a day when work was not scheduled for him, 
        or for which he is required to return to his place of 
        employment, is deemed at least 2 hours in duration; and
          (2) time spent in a travel status away from the 
        official-duty station of an employee is not hours of 
        employment unless--
                  (A) the time spent is within the days and 
                hours of the regularly scheduled administrative 
                workweek of the employee, including regularly 
                scheduled overtime hours; or
                  (B) the travel (i) involves the performance 
                of work while traveling, (ii) is incident to 
                travel that involves the performance of work 
                while traveling, (iii) is carried out under 
                arduous conditions, or (iv) results from an 
                event which could not be scheduled or 
                controlled administratively, including travel 
                by an employee to such an event and the return 
                of such employee from such event to his or her 
                official-duty station.
  (c) Subsection (a) shall not apply to an employee who is 
subject to the overtime pay provisions of section 7 of the Fair 
labor Standards Act of 1938. In the case of an employee who 
would, were it not for the preceding sentence, be subject to 
this section, the Office of Personnel Management shall by 
regulation prescribe what hours shall be deemed to be hours of 
work and what hours of work shall be deemed to be overtime 
hours for the purpose of such section 7 so as to ensure that no 
employee receives less pay by reason of the preceding sentence.
  (d) In applying subsection (a) of this section with respect 
to any criminal investigator who is paid availability pay under 
section 5545a--
          (1) such investigator shall be compensated under such 
        subsection (a), at the rates there provided, for 
        overtime work which is scheduled in advance of the 
        administrative workweek--
                  (A) in excess of 10 hours on a day during 
                such investigator's basic 40 hour workweek; or
                  (B) on a day outside such investigator's 
                basic 40 hour workweek; and
          (2) such investigator shall be compensated for all 
        other overtime work under section 5545a.
  (e) Notwithstanding subsection (d)(1) of this section, all 
hours of overtime work scheduled in advance of the 
administrative workweek shall be compensated under subsection 
(a) if that work involves duties as authorized by section 
3056(a) of title 18 or section 37(a)(3) of the State Department 
Basic Authorities Act of 1956, and if the investigator 
performs, on that same day, at least 2 hours of overtime work 
not scheduled in advance of the administrative workweek.
  (f) In applying subsection (a) of this section with respect 
to a firefighter who is subject to section 5545b--
          (1) such subsection shall be deemed to apply to hours 
        of work officially ordered or approved in excess of 106 
        hours in a biweekly pay period, or, if the agency 
        establishes a weekly basis for overtime pay 
        computation, in excess of 53 hours in an administrative 
        workweek; and
          (2) the overtime hourly rate of pay is an amount 
        equal to one and one-half times the hourly rate of 
        basic pay under section 5545b(b)(1)(A) or (c)(1)(B), as 
        applicable, and such overtime hourly rate of pay may 
        not be less than such hourly rate of basic pay in 
        applying the limitation on the overtime rate provided 
        in paragraph (2) of such subsection (a).
  (g) In applying subsection (a) with respect to a border 
patrol agent covered by section 5550, the following rules 
apply:
          (1) Notwithstanding the matter preceding paragraph 
        (1) in subsection (a), for a border patrol agent who is 
        assigned to the level 1 border patrol rate of pay under 
        section 5550--
                  (A) hours of work in excess of 100 hours 
                during a 14-day biweekly pay period shall be 
                overtime work; and
                  (B) the border patrol agent--
                          (i) shall receive pay at the overtime 
                        hourly rate of pay (as determined in 
                        accordance with paragraphs (1) and (2) 
                        of subsection (a)) for hours of 
                        overtime work that are officially 
                        ordered or approved in advance of the 
                        workweek; and
                          (ii) except as provided in paragraphs 
                        (4) and (5), shall receive compensatory 
                        time off for an equal amount of time 
                        spent performing overtime work that is 
                        not overtime work described in clause 
                        (i).
          (2) Notwithstanding the matter preceding paragraph 
        (1) in subsection (a), for a border patrol agent who is 
        assigned to the level 2 border patrol rate of pay under 
        section 5550--
                  (A) hours of work in excess of 90 hours 
                during a 14-day biweekly pay period shall be 
                overtime work; and
                  (B) the border patrol agent--
                          (i) shall receive pay at the overtime 
                        hourly rate of pay (as determined in 
                        accordance with paragraphs (1) and (2) 
                        of subsection (a)) for hours of 
                        overtime work that are officially 
                        ordered or approved in advance of the 
                        workweek; and
                          (ii) except as provided in paragraphs 
                        (4) and (5), shall receive compensatory 
                        time off for an equal amount of time 
                        spent performing overtime work that is 
                        not overtime work described in clause 
                        (i).
          (3) Notwithstanding the matter preceding paragraph 
        (1) in subsection (a), for a border patrol agent who is 
        assigned to the basic border patrol rate of pay under 
        section 5550--
                  (A) hours of work in excess of 80 hours 
                during a 14-day biweekly pay period shall be 
                overtime work; and
                  (B) the border patrol agent--
                          (i) shall receive pay at the overtime 
                        hourly rate of pay (as determined in 
                        accordance with paragraphs (1) and (2) 
                        of subsection (a)) for hours of 
                        overtime work that are officially 
                        ordered or approved in advance of the 
                        workweek; and
                          (ii) except as provided in paragraphs 
                        (4) and (5), shall receive compensatory 
                        time off for an equal amount of time 
                        spent performing overtime work that is 
                        not overtime work described in clause 
                        (i).
          (4)(A) Except as provided in subparagraph (B), during 
        a 14-day biweekly pay period, a border patrol agent may 
        not earn compensatory time off for more than 10 hours 
        of overtime work.
          (B) U.S. Customs and Border Protection may, as it 
        determines appropriate, waive the limitation under 
        subparagraph (A) for an individual border patrol agent 
        for hours of irregular or occasional overtime work, but 
        such waiver must be approved in writing in advance of 
        the performance of any such work for which compensatory 
        time off is earned under paragraph (1)(B)(ii), 
        (2)(B)(ii), or (3)(B)(ii). If a waiver request by a 
        border patrol agent is denied, the border patrol agent 
        may not be ordered to perform the associated overtime 
        work.
          (5) A border patrol agent--
                  (A) may not earn more than 240 hours of 
                compensatory time off during a leave year;
                  (B) shall use any hours of compensatory time 
                off not later than the end of the 26th pay 
                period after the pay period during which the 
                compensatory time off was earned;
                  (C) shall be required to use 1 hour of 
                compensatory time off for each hour of regular 
                time not worked for which the border patrol 
                agent is not on paid leave or other paid time 
                off or does not substitute time in accordance 
                with section 5550(f);
                  (D) shall forfeit any compensatory time off 
                not used in accordance with this paragraph and, 
                regardless of circumstances, shall not be 
                entitled to any cash value for compensatory 
                time earned under section 5550;
                  (E) shall not receive credit towards the 
                computation of the annuity of the border patrol 
                agent for compensatory time, whether used or 
                not; and
                  (F) shall not be credited with compensatory 
                time off if the value of such time off would 
                cause the aggregate premium pay of the border 
                patrol agent to exceed the limitation 
                established under section 5547 in the period in 
                which it was earned.
  (h)(1)(A) Notwithstanding any other provision of this section 
or section 5545b, any hours worked by a firefighter under a 
qualified trade-of-time arrangement shall be disregarded for 
purposes of any determination relating to eligibility for, or 
the amount of, any overtime pay under this section, including 
overtime pay under the Fair Labor Standards Act in accordance 
with subsection (c).
  (B) The Director of the Office of Personnel Management--
          (i) shall identify the situations in which a 
        firefighter shall be deemed to have worked hours 
        actually worked by a substituting firefighter under a 
        qualified trade-of-time arrangement; and
          (ii) may adopt necessary policies governing the 
        treatment of both a substituting and substituted 
        firefighter under a qualified trade-of-time 
        arrangement, without regard to how those firefighters 
        would otherwise be treated under other provisions of 
        law or regulation.
  (2) In this subsection--
          (A) the term ``firefighter'' means an employee--
                  (i) the work schedule of whom includes 24-
                hour duty shifts; and
                  (ii) who--
                          (I) is a firefighter, as defined in 
                        section 8331(21) or 8401(14);
                          (II) in the case of an employee who 
                        holds a supervisory or administrative 
                        position and is subject to subchapter 
                        III of chapter 83, but who does not 
                        qualify to be considered a firefighter 
                        within the meaning of section 8331(21), 
                        would so qualify if such employee had 
                        transferred directly to such position 
                        after serving as a firefighter within 
                        the meaning of such section;
                          (III) in the case of an employee who 
                        holds a supervisory or administrative 
                        position and is subject to chapter 84, 
                        but who does not qualify to be 
                        considered a firefighter within the 
                        meaning of section 8401(14), would so 
                        qualify if such employee had 
                        transferred directly to such position 
                        after performing duties described in 
                        section 8401(14)(A) and (B) for at 
                        least 3 years; and
                          (IV) in the case of an employee who 
                        is not subject to subchapter III of 
                        chapter 83 or chapter 84, holds a 
                        position that the Office of Personnel 
                        Management determines would satisfy 
                        subclause (I), (II), or (III) if the 
                        employee were subject to subchapter III 
                        of chapter 83 or chapter 84; and
          (B) the term ``qualified trade-of-time arrangement'' 
        means an arrangement under which 2 firefighters who are 
        subject to the supervision of the same fire chief 
        agree, solely at their option and with the approval of 
        the employing agency, to substitute for one another 
        during scheduled work hours in the performance of work 
        in the same capacity.

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