[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8656 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8656
To provide for the implementation of certain recommendations from the
Report of the Wildland Fire Mitigation and Management Commission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2024
Mr. Harder of California (for himself, Mr. Scott Franklin of Florida,
Mr. Neguse, Mr. Stanton, Mr. Thompson of California, Mr. Garamendi, and
Ms. Hoyle of Oregon) introduced the following bill; which was referred
to the Committee on Natural Resources, and in addition to the
Committees on Agriculture, Education and the Workforce, Oversight and
Accountability, Armed Services, Energy and Commerce, Science, Space,
and Technology, Transportation and Infrastructure, and Small Business,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To provide for the implementation of certain recommendations from the
Report of the Wildland Fire Mitigation and Management Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Wildfire Safety and
Prevention Act of 2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is the following:
Sec. 1. Short title.
Sec. 2. Table of Contents.
Sec. 3. Definition of Report.
TITLE I--WORKFORCE DEVELOPMENT
Sec. 101. Middle Fire Leaders Academy (Report Recommendation 55).
Sec. 102. Wildfire workforce grant program (Report Recommendation 88).
TITLE II--WILDLAND FIREFIGHTER SUPPORT
Sec. 201. Fire Service Retention and Retirement Portability (Report
Recommendation 86).
Sec. 202. Wildland Fire Management Casualty Assistance Program (Report
Recommendation 87).
TITLE III--WILDFIRE SMOKE AND PUBLIC HEALTH
Sec. 301. National Smoke Monitoring and Alert System (Report
Recommendation 44).
Sec. 302. Health risk assessment for Wildfire Smoke Exposure (Report
Recommendation 100).
TITLE IV--FIRE MITIGATION AND TECHNOLOGY
Sec. 401. Improvements to wildfire forage loss programs (Report
Recommendation 59).
Sec. 402. Improvements to FEMA Programs (Report Recommendations 66 and
64).
Sec. 403. The Wildland Dynamic Risk Mapping Program (Report
Recommendation 118).
Sec. 404. Improvements to grant programs for community wildfire risk
reduction and postfire recovery efforts
(Report Recommendation 142).
Sec. 405. Joint Office of the Fire Environment Center (Report
Recommendations 104, 105, 106).
Sec. 406. Interagency Data Collaboration Environment (Report
Recommendation 107).
Sec. 407. Requirements related to payment timing for certain programs
addressing wildfire damages (Report
Recommendation 61).
SEC. 3. DEFINITION OF REPORT.
In this Act, the term ``Report'' means the Report of the Wildland
Fire Mitigation and Management Commission, dated September 2023.
TITLE I--WORKFORCE DEVELOPMENT
SEC. 101. MIDDLE FIRE LEADERS ACADEMY (REPORT RECOMMENDATION 55).
(a) Middle Fire Leaders Academy.--Not later than a 1 year after the
date of the enactment of this Act, the Chief of the Forest Service
shall create a Middle Fire Leaders Academy which shall be open to
Federal and non-Federal wildland fire response workforce employees. The
Middle Fire Leaders Academy shall provide--
(1) rapid training and certification for emerging wildfire
and beneficial fire leaders; and
(2) additional and expanded training of sufficient quality
to enable managers and decision makers responsible for
addressing wildfire incidents and prescribed burns to make
informed decisions regarding the beneficial application and
management of fire, including managing local fire regimes and
other forms of beneficial fire use.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2025 through 2034.
SEC. 102. WILDFIRE WORKFORCE GRANT PROGRAM (REPORT RECOMMENDATION 88).
(a) Grants Authorized.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Education shall award grants,
on a competitive basis, to eligible entities to carry out a program
described in subsection (c).
(b) Application.--To be eligible to receive a grant under this Act,
an eligible entity shall submit to the Secretary an application in such
manner, at such time, and containing such information as the Secretary
may require.
(c) Use of Funds.--An eligible entity that receives a grant under
this Act shall carry out an educational or vocational program that
leads to a degree, certificate, or other recognized credential in
wildfire emergency management, including--
(1) agricultural landscape planning relating to wildfire
resilience;
(2) natural resource management relating to wildfire
resilience;
(3) emergency management;
(4) emergency medical technician services;
(5) paramedic services;
(6) fire science;
(7) firefighting;
(8) community planning relating to wildfire resilience;
(9) safety and operations training for structural
firefighters assigned to wildfire incidents; or
(10) any other program that trains individuals in the
wildfire mitigation, response, or recovery workforce.
(d) Definitions.--In this section:
(1) Accredited local academy.--The term ``accredited local
academy'' means a partnership, between a local fire suppression
organization and the office of the Fire Marshall of a State,
that delivers a State Fire Training program.
(2) Accredited regional training program.--The term
``accredited regional training program'' means a partnership,
between a junior or community college or institution of higher
education and the office of the Fire Marshall of a State, that
delivers an approved State Fire Training program within a given
region.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a junior or community college;
(B) an institution of higher education;
(C) an accredited regional training program;
(D) an accredited local academy; or
(E) a nonprofit entity with experience
administering education and training programs for fire
service personnel.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(5) Junior or community college.--The term ``junior or
community college'' has the meaning given such term in section
312 of the Higher Education Act of 1965 (20 U.S.C. 1058).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2025 through 2034.
TITLE II--WILDLAND FIREFIGHTER SUPPORT
SEC. 201. FIRE SERVICE RETENTION AND RETIREMENT PORTABILITY (REPORT
RECOMMENDATION 86).
(a) Break-in-Service Consideration for Federal Wildland Firefighter
Retirements.--Notwithstanding sections 8336(c) and 8412(d) of title 5,
United States Code, not later than May 1, 2024, the Secretary
concerned, in coordination with the Secretary of Labor, shall
promulgate regulations, as necessary, to ensure that a Federal wildland
firefighter would not forfeit previously made contributions or
eligibility for firefighter retirement when the Federal wildland
firefighter has a voluntary break in service of not more than 2 years.
(b) Retention of Enhanced Retirement Benefits During Period of Non-
Federal Service.--Section 104(e)(2) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5323(e)) is amended by adding
at the end the following: ``Any Federal wildland firefighter (as that
term is defined in section 201(d) of the Modernizing Wildfire Safety
and Prevention Act of 2024) who retains coverage, rights, and benefits
under such chapter 83 or 84 pursuant to this paragraph shall retain
enhanced retirement benefits under either such chapter.''.
(c) Job-Sharing.--Notwithstanding any other provision of law, a
Federal wildland firefighter or wildland fire support personnel may
occupy a position in the civil service (as that term is defined in
section 2101 of title 5, United States Code) and a position with a
Tribal government under a job-share agreement even if the position with
a Tribal government is classified at a level higher than the civil
service position, including any level that is above that of the highest
level applicable to the General Schedule.
(d) Federal Wildland Firefighter.--In this section, the term
``Federal wildland firefighter'' means a person who is--
(1) in a temporary, seasonal, or permanent position at the
Department of Agriculture or the Department of the Interior or
as a Tribal firefighter who;
(A) maintains group, emergency incident management,
or fire qualifications, as established annually by the
Standards for Wildland Fire Position Qualifications
published by the National Wildfire Coordinating Group;
and
(B) primarily engages in or supports wildland fire
management activities, including forestry and rangeland
technicians and positions concerning aviation,
engineering heavy equipment operations, dispatch, or
fire and fuels management; or
(2) a Federal firefighter stationed on military
installations under the Department of Defense who engages in or
supports wildland fire management activities, including
forestry and rangeland technicians and positions concerning
aviation, engineering heavy equipment operations, dispatch, or
fire and fuels management.
SEC. 202. WILDLAND FIRE MANAGEMENT CASUALTY ASSISTANCE PROGRAM (REPORT
RECOMMENDATION 87).
(a) Development of Program.--Not later than 6 months after the date
of the enactment of this Act, the Secretary of the Interior shall
develop a Wildland Fire Management Casualty Assistance Program
(referred to in this section as the ``Program'') to provide assistance
to the next-of-kin of--
(1) critically injured, ill, and deceased firefighters
injury, illness, or death in the line of duty; and
(2) wildland fire support personnel critically injured or
killed in the line of duty.
(b) Aspects of Program.--The Program shall address the following:
(1) The initial and any subsequent notifications to the
next-of-kin of a firefighter or wildland fire support personnel
who--
(A) was killed in the line of duty; or
(B) requires hospitalization or treatment at a
medical facility due to a line-of-duty injury or
illness.
(2) The reimbursement of next-of-kin for expenses
associated with travel to visit a firefighter or wildland fire
support personnel who--
(A) was killed in the line of duty; or
(B) requires hospitalization or treatment at a
medical facility due to a line-of-duty injury or
illness.
(3) The qualifications, assignment, training, duties,
supervision, and accountability for the performance of casualty
assistance responsibilities.
(4) The relief or transfer of casualty assistance officers,
including notification to survivors of critical injury or
illness in the line of duty and next-of-kin of the reassignment
of such officers to other duties.
(5) Centralized, short-term and long-term case management
procedures for casualty assistance, including rapid access by
survivors of firefighters or wildland fire support personnel
and casualty assistance officers to expert case managers and
counselors.
(6) The provision, through a computer accessible website
and other means and at no cost to survivors and next-of-kin of
firefighters or wildland fire support personnel, of
personalized, integrated information on the benefits and
financial assistance available to such survivors from the
Federal Government.
(7) The provision of information to survivors and next-of-
kin of firefighters or wildland fire support personnel on
mechanisms for registering complaints about, or requests for,
additional assistance related to casualty assistance.
(8) Liaison with the Department of the Interior, the
Department of Justice, and the Social Security Administration
to ensure prompt and accurate resolution of issues relating to
benefits administered by those agencies for survivors of
firefighters or wildland fire support personnel.
(9) Data collection regarding the incidence and quality of
casualty assistance provided to survivors of firefighters or
wildland fire support personnel.
(c) Line of Duty Death Benefits.--The Program shall not affect
existing authorities for Line of Duty Death benefits for Federal
firefighters and wildland fire support personnel.
(d) Next-of-Kin Defined.--In this section, the term ``next of kin''
means person or persons in the highest category of priority as
determined by the following list (categories appear in descending order
of priority):
(1) Surviving legal spouse.
(2) Children (whether by current or prior marriage) age 18
years or older in descending precedence by age.
(3) Father or mother, unless by court order custody has
been vested in another (adoptive parent takes precedence over
natural parent);
(4) Siblings (whole or half) age 18 years or older in
descending precedence by age.
(5) Grandfather or grandmother.
(6) Any other relative (precedence to be determined in
accordance with the civil law of descent of the deceased former
member's State of domicile at time of death).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $1,000,000 for each of fiscal
years 2025 through 2034.
TITLE III--WILDFIRE SMOKE AND PUBLIC HEALTH
SEC. 301. NATIONAL SMOKE MONITORING AND ALERT SYSTEM (REPORT
RECOMMENDATION 44).
(a) Establishment.--The Administrator of the National Oceanic and
Atmospheric Administration, acting through the Director of the National
Weather Service, and in conjunction with the Secretary of Agriculture
acting through the Chief of the Forest Service, the Secretary of the
Interior, the Administrator of the Environmental Protection Agency, and
the Director of the Centers for Disease Control and Prevention shall
establish a nationally consistent smoke monitoring and alert system to
provide consistent, real-time information and forecasts on air quality
impacts from wildfire smoke, including wildfire smoke in the built
environment.
(b) Increase in Smoke Sensors.--In carrying out subsection (a), to
ensure adequate and accessible data, the Administrator of the
Environmental Protection Agency shall increase the availability and use
of air monitoring devices for wildfire smoke, including, to distinguish
wildfire smoke from other forms of air pollution, increasing the
availability and use of--
(1) speciation monitors; and
(2) nonregulatory air monitors.
(c) Use of Satellites.--In carrying out subsection (a), the
Administrator of the Environmental Protection Agency shall explore the
use of satellites.
(d) Public County-Resolution Smoke Alert System for Public Health
and Roadways Safety.--In carrying out subsection (a), not later than 1
year after the date of the enactment of this Act, the Administrator of
the National Oceanic and Atmospheric Administration, acting through the
Director of the National Weather Service and in coordination with the
Secretary of Agriculture acting through the Chief of the Forest
Service, the Secretary of the Interior, and the Administrator of the
Environmental Protection Agency, and the Director of the Centers for
Disease Control and Prevention shall establish a public county-
resolution smoke alert system for public health and roadways safety
which shall be based on levels of particulate matter. The system
established under this subsection shall be in addition to the National
Weather Service Dense Smoke Advisories, which are based on visibility.
(e) Collection and Dissemination of Air Quality and Smoke Alert
Information.--In carrying out subsection (a), the Director of the
National Weather Service shall collect all air quality forecasts,
including through AirNow, public notifications, and alerts for smoke
issued by Federal, State, local, Tribal, and territorial air agencies
and disseminate them through weather forecast office networks to enable
the Wireless Emergency Alerts System to be extended to support smoke
communications to protect public health.
(f) Forest Service Personnel and Smoke Monitoring Equipment.--In
carrying out subsection (a), not later than 1 year after the date of
the enactment of this Act, the Secretary of Agriculture, acting through
the Chief of the Forest Service, in coordination with the Secretary of
the Interior, shall expand the personnel and smoke monitoring equipment
of the Forest Service to increase the capacity of the Forest Service to
assess wildfire smoke, including wildfire smoke in the built
environment, and carry out prescribed fires.
(g) Interagency Wildland Fire Air Quality Response Program
Personnel and Smoke Monitoring Equipment.--In carrying out subsection
(a), not later than 1 year after the date of the enactment of this Act,
the Secretary of Agriculture and the Secretary of the Interior shall
expand the personnel (including air resource advisors) of, and smoke
monitoring equipment available to, the Interagency Wildland Fire Air
Quality Response Program established under section 1114(f) of the John
D. Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C.
1748b-1(f)).
(h) Expansion of Emergency Response Capacity.--
(1) In general.--In carrying out subsection (a), the
Administrator of the Environm