[House Report 106-133]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-133
======================================================================
FIRE ADMINISTRATION AUTHORIZATION ACT OF 1999
_______
May 10, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on Science, submitted the
following
R E P O R T
[To accompany H.R. 1550]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, to whom was referred the bill (H.R.
1550) to authorize appropriations for the United States Fire
Administration for fiscal years 2000 and 2001, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
I. Amendment.......................................................2
II. Purpose of the Bill.............................................4
III. Background and Need for Legislation.............................5
IV. Summary of Hearings.............................................5
V. Committee Actions...............................................7
VI. Summary of Major Provisions of the Bill.........................8
VII. Section-By-Section Analysis....................................10
VIII. Committee Views................................................12
IX. Committee Cost Estimate........................................17
X. Congressional Budget Office Cost Estimate......................18
XI. Compliance with Public Law 104-4...............................20
XII. Committee Oversight Findings and Recommendations...............20
XIII. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight................................20
XIV. Constitutional Authority Statement.............................20
XV. Federal Advisory Committee Statement...........................20
XVI. Congressional Accountability Act...............................20
XVII. Changes in Existing Law Made by the Bill, As Reported..........20
XVIII.Committee Recommendations......................................27
XIX. Proceedings of Full Committee Markup...........................27
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Administration Authorization Act
of 1999''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 17 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2216) is amended to read as follows:
``authorization of appropriations
``Sec. 17. Except as otherwise specifically provided with respect to
the payment of claims under section 11 of this Act, there are
authorized to be appropriated to carry out the purposes of this Act--
``(1) $30,554,000 for fiscal year 1999;
``(2) $46,130,000 for fiscal year 2000, of which $2,200,000
shall be used for research activities, and $250,000 shall be
used for contracts or grants to non-Federal entities for data
analysis, including general fire profiles and special fire
analyses and report projects, and of which $6,000,000 shall be
for anti-terrorism training, including associated curriculum
development, for fire and emergency services personnel; and
``(3) $49,500,000 for fiscal year 2001, of which $3,000,000
shall be used for research activities, and $250,000 shall be
used for contracts or grants to non-Federal entities for data
analysis, including general fire profiles and special fire
analyses and report projects, and of which $8,000,000 shall be
for anti-terrorism training, including associated curriculum
development, for fire and emergency services personnel.
None of the funds authorized by paragraph (3) may be obligated unless
the Administrator has certified to the Committee on Science of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that the obligation of funds is consistent
with the strategic plan transmitted under section 3 of the Fire
Administration Authorization Act of 1999.''.
SEC. 3. STRATEGIC PLAN.
(a) Requirement.--Not later than April 30, 2000, the Administrator of
the United States Fire Administration shall prepare and transmit to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a 5-year
strategic plan of program activities for the United States Fire
Administration.
(b) Contents of Plan.--The plan required by subsection (a) shall
include--
(1) a comprehensive mission statement covering the major
functions and operations of the United States Fire
Administration in the areas of training, research, data
collection and analysis, and public education;
(2) general goals and objectives, including those related to
outcomes, for the major functions and operations of the United
States Fire Administration;
(3) a description of how the goals and objectives identified
under paragraph (2) are to be achieved, including operational
processes, skills and technology, and the human, capital,
information, and other resources required to meet those goals
and objectives;
(4) an identification of the fire-related activities of the
National Institute of Standards and Technology, the Department
of Defense, and other Federal agencies, and a discussion of how
those activities can be coordinated with and contribute to the
achievement of the goals and objectives identified under
paragraph (2);
(5) a description of objective, quantifiable performance
goals needed to define the level of performance achieved by
program activities in training, research, data collection and
analysis, and public education, and how these performance goals
relate to the general goals and objectives in the strategic
plan;
(6) an identification of key factors external to the United
States Fire Administration and beyond its control that could
affect significantly the achievement of the general goals and
objectives;
(7) a description of program evaluations used in establishing
or revising general goals and objectives, with a schedule for
future program evaluations;
(8) a plan for the timely distribution of information and
educational materials to State and local firefighting services,
including volunteer, career, and combination services
throughout the United States;
(9) a description of how the strategic plan prepared under
this section will be incorporated into the strategic plan and
the performance plans and reports of the Federal Emergency
Management Agency; and
(10)(A) a description of the current and planned use of the
Internet for the delivery of training courses by the National
Fire Academy, including a listing of the types of courses and
whether they provide real time interaction between instructor
and students, and including the number of students enrolled,
and the geographic distribution of students, for the most
recent fiscal year;
(B) an assessment of the availability and actual use by the
National Fire Academy of Federal facilities suitable for
distance education applications, including facilities with
teleconferencing capabilities; and
(C) an assessment of the benefits and problems associated
with delivery of instructional courses using the Internet,
including limitations due to network bandwidth at training
sites, the availability of suitable course materials, and the
effectiveness of such courses in terms of student performance.
SEC. 4. RESEARCH AGENDA.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Administrator of the United States Fire
Administration, in consultation with the Director of the Federal
Emergency Management Agency, the Director of the National Institute of
Standards and Technology, representatives of trade associations, State
and local firefighting services, and other appropriate entities, shall
prepare and transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the United States Fire
Administration's research agenda and including a plan for implementing
that agenda.
(b) Contents of Report.--The report required by subsection (a)
shall--
(1) identify research priorities;
(2) describe how the proposed research agenda will be
coordinated and integrated with the programs and capabilities
of the National Institute of Standards and Technology, the
Department of Defense, and other Federal agencies;
(3) identify potential roles of academic and other research
institutions in achieving the research agenda;
(4) provide cost estimates, anticipated personnel needs, and
a schedule for completing the various elements of the research
agenda;
(5) describe ways to leverage resources through partnerships,
cooperative agreements, and other means; and
(6) discuss how the proposed research agenda will enhance
training, improve State and local firefighting services, impact
standards and codes, increase firefighter and public safety,
and advance firefighting techniques.
(c) Use in Preparing Strategic Plan.--The research agenda prepared
under this section shall be used in the preparation of the strategic
plan required by section 3.
SEC. 5. SURPLUS AND EXCESS FEDERAL EQUIPMENT.
The Federal Fire Prevention and Control Act of 1974 is amended by
adding at the end the following new section:
``SEC. 33. SURPLUS AND EXCESS FEDERAL EQUIPMENT.
``The Administrator shall make publicly available, including through
the Internet, information on procedures for acquiring surplus and
excess Federal fire, emergency, hazardous material, or other equipment
or property that may be useful to State and local fire and emergency
services.''.
SEC. 6. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.
The Federal Fire Prevention and Control Act of 1974 is amended by
adding at the end the following new section:
``SEC. 34. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.
``The Administrator shall make publicly available, including through
the Internet, information on procedures for establishing cooperative
agreements between State and local fire and emergency services and
Federal facilities in their region relating to the provision of fire
and emergency services.''.
SEC. 7. MISCELLANEOUS REPEALS.
The Federal Fire Prevention and Control Act of 1974 is amended--
(1) by repealing section 10(b) and redesignating subsection
(c) of that section as subsection (b);
(2) by repealing section 23;
(3) in section 24--
(A) by striking ``(a) The'' and inserting ``The'';
and
(B) by repealing subsection (b);
(4) by repealing section 26; and
(5) by repealing section 27.
SEC. 8. NEED FOR ADDITIONAL TRAINING IN COUNTERTERRORISM.
(a) In General.--The Administrator of the United States Fire
Administration shall conduct an assessment of the need for additional
capabilities for Federal counterterrorism training of emergency
response personnel.
(b) Contents of Assessment.--The assessment conducted under this
section shall include--
(1) a review of the counterterrorism training programs
offered by the United States Fire Administration and other
Federal agencies;
(2) an estimate of the number and types of emergency response
personnel that have, during the period between January 1, 1994,
and June 1, 1999, sought training described in paragraph (1),
but have been unable to receive that training as a result of
the oversubscription of the training capabilities; and
(3) a recommendation on the need to provide additional
Federal counterterrorism training centers, including--
(A) an analysis of existing Federal facilities that
could be used as counterterrorism training facilities;
and
(B) a cost-benefit analysis of the establishment of
counterterrorism training facilities in regions where
many applicants for such training reside.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Administrator shall prepare and submit to the Congress
a report on the results of the assessment conducted under this section.
SEC. 9. NATIONAL FIRE ACADEMY CURRICULUM REVIEW.
(a) In General.--The Administrator of the United States Fire
Administration, in consultation with the Board of Visitors and
representatives of trade and professional associations, State and local
firefighting services, and other appropriate entities, shall conduct a
review of the courses of instruction available at the National Fire
Academy to ensure that they are up-to-date and complement, not
duplicate, courses of instruction offered elsewhere. Not later than 180
days after the date of enactment of this Act, the Administrator shall
prepare and submit a report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Contents of Report.--The report required by subsection (a)
shall--
(1) examine and assess the courses of instruction offered by
the National Fire Academy;
(2) identify redundant and out-of-date courses of
instruction;
(3) examine the current and future impact of information
technology on National Fire Academy curricula, methods of
instruction, and delivery of services; and
(4) make recommendations for updating the curriculum, methods
of instruction, and delivery of services by the National Fire
Academy considering current and future needs, State-based
curricula, advances in information technologies, and other
relevant factors.
SEC. 10. INTERNET AVAILABILITY OF INFORMATION.
The Administrator of the United States Fire Administration shall make
available through the Internet home page of the United States Fire
Administration the abstracts relating to all research grants and awards
made with funds authorized by the amendments made by this Act. Nothing
in this section shall be construed to require or permit the release of
any information prohibited by law or regulation from being released to
the public.
SEC. 11. REPEAL OF EXCEPTION TO FIRE SAFETY REQUIREMENT.
(a) Repeal.--Section 4 of Public Law 103-195 (107 Stat. 2298) is
hereby repealed.
(b) Effective Date.--Subsection (a) shall take effect 1 year after
the date of the enactment of this section.
II. Purpose of the Bill
The purpose of H.R. 1550 is to authorize appropriations for
Fiscal Years 2000 and 2001 for the United States Fire
Administration (USFA) under the Federal Fire Prevention and
Control Act of 1974. The bill authorizes appropriations of
$95.63 million over Fiscal Years 2000 and 2001.
III. Background and Need for Legislation
USFA, which includes the National Fire Academy (NFA), is a
directorate within the Federal Emergency Management Agency
(FEMA). The goal of the agency is to reduce the loss of life
and property due to fire. To achieve this goal, USFA supports
activities in four areas: training, data collection and
analysis, research, and public education.
The formation of the USFA in 1974 was prompted by the
seminal 1973 report, America Burning, of the National
Commission on Fire Prevention and Control created by the Fire
Research and Safety Act of 1968 (P.L. 90-259). The Commission's
report recommended the establishment of a federal agency that
would support State and local fire services and recommended the
Department of Housing and Urban Development as the appropriate
department to house the new agency.
In 1974, Congress responded to the America Burning report
by declaring a federal role in fire prevention. In 1974, it
passed the Federal Fire Prevention and Control Act of 1974
(P.L. 93-498), which created the National Fire Prevention and
Control Administration and placed it in the Department of
Commerce.
In 1978, Congress changed the name of the agency to the
United States Fire Administration (P.L. 95-422), and in 1979,
President Jimmy Carter moved USFA to newly-created FEMA as part
of Reorganization Plan No 3. The National Fire Academy also was
opened in 1979 and began offering training and courses of
instruction at its Emmitsburg Maryland campus.
Since its passage, the Federal Fire Prevention and Control
Act of 1974 has been amended many times. In 1990, the Hotel and
Motel Fire Safety Act (P.L. 101-391) required the States to
submit to USFA lists of public accommodations that meet federal
safety guidelines, and the Firefighters' Safety Study Act (P.L.
101-446) directed USFA to develop and distribute data on
hazardous-materials identification, response, and incidents.
The Fire Administration Authorization Act of 1992 (P.L. 102-
522) restricted the use of federal funds for building, leasing,
or buying housing not equipped with sprinklers systems and
smoke detectors. The Arson Prevention Act of 1994 (P.L. 103-
254) directed USFA to award grants to States for arson
research, prevention, and control.
The current authorization for USFA is the United States
Fire Administration Authorization Act for Fiscal Years 1998 and
1999 (P.L. 105-108), signed into law on November 20, 1997. It
authorizes $29.664 million for Fiscal Year 1998 and $30.554
million for Fiscal Year 1999 for the activities of USFA.
IV. Summary of Hearings
The Subcommittee on Basic Research of the Committee on
Science held a hearing on March 23, 1999 to hear testimony on
the Administration's Fiscal Year 2000 budget request for USFA
and to examine issues related to a two-year authorization for
the agency. Appearing as witnesses before the Subcommittee
were: The Honorable James Lee Witt, Director, FEMA, Dr. Karen
Brown, Deputy Director, National Institute of Standards and
Technology (NIST), on behalf of The Honorable Raymond Kammer,
Director, Mr. Stephen Austin, Chair, Blue Ribbon Panel and
External Affairs Representative, International Association of
Arson Investigators, Inc.; Chief Luther Fincher, First Vice
President, International Association of Fire Chiefs; Dr. John
R. Hall, Assistant Vice President, Fire Analysis and Research,
National Fire Protection Association; and Mr. Salvador Morales,
Member, Blue Ribbon Panel and Driver Engineer, Dallas Fire
Department.
Director Witt opened his testimony by discussing the
recommendations made by the Blue Ribbon Panel. He then reviewed
FEMA's blueprint for change within the Fire Administration,
including increased funding requests for the data collection
system, public education materials, and firefighter training
activities. He added that FEMA and USFA will be working with
national fire organizations on prevention and protection
efforts and will recommission America Burning so the current
state of fire dangers in the Nation can be determined. He
closed his testimony by acknowledging challenges facing the
agency, such as reaching those most vulnerable to fire losses.
Deputy Director Brown, provided a review of NIST's
responsibilities under the Fire Prevention and Control Act.
These include serving as the nation's leading fire research
laboratory and having responsibility for national fire safety
policy and programs. She explained that NIST's strategy for
meeting these obligations has been both to identify the most
common situations that result in fire death and develop
intervention strategies and technologies and to conduct
fundamental fire research and develop fire safety materials,
products, systems and facilities. These activities, along with
cooperative efforts with other federal agencies, private sector
organizations, and the fire services have led to: decreased
fire death rates; new practices, standards, code provisions;
and new technologies, such as residential smoke detectors. She
concluded her testimony by emphasizing the recommendation of
the Blue Ribbon Panel report that called for increasing fire
research.
Mr. Austin opened his testimony by reviewing the
recommendations of the Blue Ribbon Panel report. He explained
that the Panel does not want the USFA to assume added
responsibilities, but to improve upon current responsibilities
and that funding increases are necessary if USFA is to fulfill
its responsibilities. Mr. Austin pointed to the benefits of
residential smoke detectors and sprinkler systems as
justification for continued investment in research, and he
stressed the importance of improving the fire data collection
is necessary to developing strategies for fire protection and
public safety education. Finally, he noted that a lack of
resources is inhibiting the National Fire Academy from reaching
its capability.
Chief Fincher began his statement by relaying to the
Subcommittee the support of the Fire Service Leadership Summit
participants for the recommendations of the Blue Ribbon Panel
and the Administration's Fiscal Year 2000 budget request. He
highlighted four areas of particular importance: (1)
organizational structure; (2) management and leadership; (3)
data collection, particularly the National Fire Incident
Reporting System (NFIRS); and (4) the research and development.
He stated that organizational structure and management and
leadership issues must be resolved before other problems can be
addressed.
Dr. Hall spoke about the importance of NFIRS as the core of
the Nations' fire data system. He testified that continuous
underfunding has inhibited NFIRS from fully being successful.
Healso spoke of the benefits of fire research, especially that
done at NIST, in developing fire protection technology. He suggested
that the USFA partner with other fire researchers through long-term
partnerships in order to increase the volume of fire research
conducted. Finally, he recommended that the USFA leverage resources by
partnering with national organizations in fire safety and prevention
efforts.
Mr. Morales discussed some of the recommendations of the
Blue Ribbon Panel. Specifically, he advocated increasing
funding for educational materials to be used in conjunction
with federal, State, and local organizations and set a goal
reducing the risk of loss of life and property from fire-
related hazards by 5 percent by the year 2000. Further, he
reiterated the Panel's support for upgrading the NFIRS system
and for increasing investment in fire research, arson research
and prevention, and anti-terrorism training.
V. Committee Actions
As summarized above, the Subcommittee on Basic Research of
the Committee on Science heard testimony relevant to USFA at a
hearing held on March 23, 1999.
On April 26, 1999, Mr. Nick Smith (MI), Chairman of the
Subcommittee on Basic Research, joined by Ms. Johnson of (TX),
Ranking Minority Member of the Subcommittee on Basic Research,
introduced H.R. 1550, the Fire Administration Authorization Act
of 1999, a bill to authorize appropriations for USFA for Fiscal
Years 2000 and 2001.
The Full Science Committee met to consider H.R. 1550 on
Thursday, April 29, 1999, and entertained the following
amendments and report language.
Amendment 1.--At the suggestion of the Chairman, Mr. Udall
(CO) offered Amendment 1 and Amendment 6 en bloc. The en bloc
amendment (1) increased the authorizations in Fiscal Years 2000
and 2001 by $1.0 million and $2.0 million, respectively and
earmarked these increases for anti-terrorism training; and (2)
required an assessment of federal counter-terrorism training
for emergency responders. The en bloc amendment was adopted by
voice vote.
Amendment 2.--Mrs. Biggert (IL) offered an amendment to set
aside from the sums authorized for each of Fiscal Year 2000 and
2001 $250,000 for outsourcing data analysis. The amendment was
adopted by voice vote.
Amendment 3.--Mr. Weldon (PA) offered an amendment to
require USFA to include in its strategic plan a plan for the
timely distribution of information and education materials for
State and local fire services. The amendment was adopted by
voice vote.
Amendment 4.--Mr. Larson (CT) offered an amendment to
require USFA to include in its strategic plan an assessment of
the delivery of course of instruction using the Internet. The
amendment was adopted by voice vote.
Amendment 5.--Mr. Lucas (OK) offered an amendment to
require USFA to perform a review of the curriculum offered
through NFA. The amendment was adopted by voice vote.
Amendment 6.--Mr. Udall (CO) offered this amendment en bloc
with Amendment 1, which was adopted by voice vote.
Amendment 7.--Mr. Kuykendall (CA) offered an amendment to
require USFA to post on the Internet abstracts of research
funded by the agency. The amendment was adopted by voice vote.
Amendment 8.--Mr. Weiner (NY) offered an amendment to
repeal Section 4 of P.L. 103-195, which exempts federally-
funded housing constructed in New York City from federal
sprinkler requirements. The amendment was adopted by voice
vote.
Amendment 9.--Ms. Johnson (TX) offered and withdrew an
amendment that would have established a grant program at USFA
for equipment, personnel, training, and other items and
authorized $225.0 million for this purpose.
Report Language.--Ms. Johnson (TX) offered report language
highlighting the importance of research into firefighter
protective equipment. The report language was adopted by voice
vote.
Report Language.--Ms. Johnson (TX) offered report language
urging USFA to conduct research into the socioeconomic factors
that can lead to increased fire risk, including the use of
security bars. The report language was adopted by voice vote.
Mr. Smith (MI) also asked the Chairman to instruct staff to
incorporate report language on the review and implementation of
the Blue Ribbon Panel report as USFA, which was so ordered.
With a quorum present, Ms. Johnson moved that the Committee
report the bill, H.R. 1550, as amended, to the House, that the
staff prepare the legislative report and make technical and
conforming changes, and that the Chairman take all necessary
steps to bring the bill before the House for consideration. The
motion was approved by voice vote.
Mr. Sensenbrenner asked and received unanimous consent that
Committee Members have two subsequent calendar days in which to
submit supplemental, minority or additional views on the
measure, and that, pursuant to Clause 1 of Rule XXII of the
Rules of the House of Representatives, the Committee authorize
the Chairman to offer such motions as may be necessary in the
House to go to conference with the Senate on H.R. 1550 or a
similar Senate bill.
VI. Summary of Major Provisions of the Bill
For Fiscal Year 2000, the bill authorizes $46.13 million,
$13.863 million (43.0%) over the Fiscal Year 1999 level (see
Table 1). Of this amount, $2.2 million is set aside for
research, $250,000 for outsourcing of data analysis, and $6.0
million for anti-terrorism training.
TABLE 1.--H.R. 1550--THE FIRE ADMINISTRATION AUTHORIZATION ACT OF 1999: FISCAL YEAR 1999 ENACTED, FISCAL YEAR 2000 REQUEST, AND FISCAL YEAR 2000 AND
FISCAL YEAR 2001 AUTHORIZATIONS
[Dollars in thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2000 authorization change (+ or -) FY 2001 authorization
---------------------------------------------- change (+ or -)
Activity FY 1999 FY 2000 FY 2000 FY 2001 -------------------------
enacted request authorization authorization FY 1999 Percent FY 2000 Percent FY 2000
enacted request authorization Percent
--------------------------------------------------------------------------------------------------------------------------------------------------------
U.S. Fire Administration: 32,267 45,130 46,130 49,500 13,863 43.0 1,000 2.2 3,370 7.3
Total......................
---------------------------------------------------------------------------------------------------------------------------
Research................ 650 2,150 2,200 3,000 1,550 238.5 50 2.3 800 36.4
Data Analysis Grants/ 0 0 250 250 250 NA 250 NA 0 0
Contracts..............
Anti-Terrorism Training. 4,000 5,000 6,000 8,000 2,000 50.0 1,000 20.0 2,000 33.3
Other Unspecified 27,617 37,980 37,680 38,250 10,063 36.4 (300) (0.8) 570 1.5
Activities.............
--------------------------------------------------------------------------------------------------------------------------------------------------------
For Fiscal Year 2001, the bill authorizes $49.5, a 7.3
percent increase over the Fiscal Year 2000 authorization. FY
2001 includes $3.0 million for research, $250,000 for
outsourcing of data analysis, and $8.0 million for anti-
terrorism training. The Fiscal Year 2001 authorization also
requires the Administrator to certify that funds obligated in
Fiscal Year 2001 are consistent with the strategic plan
required in Section 3 of the bill.
H.R. 1550 requires USFA to develop and submit to Congress a
strategic plan. The language in this section matches closely
the language on strategic plans in the Government Performance
and Results Act. Additional elements of the strategic plan
include coordination with NIST, DOD, and other federal
agencies; a plan for disseminating information and materials to
State and local fire services; and an assessment of the use of
the Internet in delivering training courses.
The bill also requires USFA to develop and submit to
Congress a research agenda. This provision requires USFA to
develop research priorities and a plan for implementing a
research agenda, including a description of the roles other
agencies (NIST and DOD, in particular) could play and ways to
leverage resources through partnerships and cooperative
agreements.
In addition, the bill also directs the Fire Administration
to: make available to State and local fire/emergency services
information on the availability and procedures for acquiring
excess/surplus federal equipment; make available information on
the procedures for establishing cooperative agreements between
State and local fire/emergency services and federal facilities
(e.g., military bases) in their areas; conduct an assessment of
the need for additional counter-terrorism training for
emergency responders; review the content and delivery of the
curriculum offered by NFA; and post abstracts of research
grants it awards on its Internet home page.
Consistent with the Oversight Agenda approved by the
Committee on Science, H.R. 1550 repeals obsolete sections of
the statute. It also repeals, one year after enactment, Section
4 of P.L. 103-195, a provision that exempts housing built with
federal support in New York City from the sprinkler
requirements found in Section 31 of the statute.
VII. Section-by-Section Analysis
Section 1. Short title
Cites the Act as the ``Fire Administration Authorization
Act of 1999.''
Section 2. Authorization of appropriations
Amends Section 17 of the Fire Prevention and Control Act of
1974 by replacing it with the following:
Sec. 17. Except for the payment of claims for costs of
firefighting on federal property, authorizes: $46.130 million
for Fiscal Year 2000, of which $2.2 million shall be used for
research, $250,000 for outsourcing of data analysis, and $6.0
million for anti-terrorism training and; $49.5 million for
Fiscal Year 2001, of which $3.0 million shall be used for
research, $250,000 for outsourcing of data analysis, and $8.0
million for anti-terrorism training. None of the funds
authorized for Fiscal Year 2001 may be obligated unless the
Administrator certifies that such obligation is consistent with
the strategic plan required under section 3 of the Fire
Administration Authorization Act of 1999.
Section 3. Strategic plan
(a) Requires before April 30, 2000 a five-year strategic
plan to be transmitted to the Committee on Science of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) The contents of the strategic plan shall include: a
comprehensive mission statement; goals and objectives; a
description of how these goals and objectives can be achieved;
an identification of fire-related activities at NIST, the
Department of Defense (DOD), and other federal agencies and how
these may contribute to achieving the goals and objectives;
performance goals; external factors beyond the Fire
Administration's control that could impede achieving the goals
and objectives; a description of program evaluations; a plan
for the timely distribution of information to State and local
fire services; a description of how the strategic plan produced
will be incorporated into the strategic and performance plans
and reports of FEMA; and a description of how the Internet is
and can be used to deliver training courses.
Section 4. Research agenda
(a) Requires within 120 days of enactment a research agenda
to be transmitted to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) The contents of the report shall include: a
determination of research priorities; a discussion of how the
research program will be coordinated with related programs at
NIST, DOD, and other federal agencies; a description of ways to
leverage resources; and a discussion of how the agenda will
help the Fire Administration fulfill its mission.
(c) Directs that the research agenda shall be used when
preparing the strategic plan required in Section 3.
Section 5. Surplus and excess equipment
Amends Section 17 the Fire Prevention and Control Act of
1974 to require the Administrator to make available, including
through the Internet, information on the availability and
procedures for acquiring surplus and excess federal fire,
emergency, and hazardous material equipment or property.
Section 6. Cooperative agreements with Federal facilities
Amends Section 17 the Fire Prevention and Control Act of
1974 to require the Administrator to make available, including
through the Internet, information on the procedures for
establishing cooperative agreements between State and local
fire and emergency services and federal facilities.
Section 7. Miscellaneous repeals
The Fire Prevention and Control Act of 1974 is amended by
repealing the following obsolete provisions: section 10(b);
section 23; subsection 24(b); section 26; and section 27.
Section 8. Need for additional training in counterterrorism
(a) Requires the Administrator to conduct an assessment of
the need for additional federal capabilities in counter-
terrorism training for emergency responders.
(b) Requires that the assessment include: a review of
existing federal counter-terrorism training programs; an
estimate of the number of emergency response personnel who in
the last five Fiscal Years have applied for this training but
were denied because of oversubscription of training facilities;
and recommendations on the need for improving counter-terrorism
centers, including existing federal facilities that could be
used for this training and a cost-benefit analysis of
establishing counter-terrorism training centers in regions
where many applicants reside.
(c) Requires that a report be submitted to Congress within
190 days of enactment.
Section 9. National Fire Academy curriculum review
(a) Requires the Administrator to conduct a review of
courses of instruction at the National Fire Academy to ensure
they are up-to-date and do not duplicate courses offered at the
State level.
(b) Requires report to Congress to examine courses
currently offered, identify redundant courses, examine the
impact of information technology on the delivery of courses,
and make recommendations for updating the curriculum.
Section 10. Internet availability of information
Requires the Administrator to make available through the
USFA's Internet home page abstracts of all grants and awards
made with funds authorized through this Act.
Section 11. Repeal of exception to fire safety requirement
Repeals Section 4 of P.L. 103-195 1 year after enactment.
VIII. Committee Views
general
The mission of USFA is to provide leadership, coordination,
and support for the Nation's fire services in such area as fire
prevention and control, training and education, research, data
collection and analysis, and emergency medical services
activities. Since the formation of the Fire Administration in
1974, fire losses in the U.S. have declined markedly. Between
1986 and 1995, for example, fire deaths decreased 30 percent,
and the adjusted dollar loss associaed with fire has decreased
by 13 percent. Much of this decrease can be traced to research
sponsored by USFA that led to affordable smoke detectors.
Nevertheless, fires are still all too common. Between 1986
and 1995, an average of 2.1 millions fires were reported
annually. For the same 10-year period, fires caused an average
of 5,100 civilians deaths, 25,000 injuries, and $9.6 billion in
losses each year. Moreover, the United States has one of the
highest fire death rates in the industrialized world--15.6
deaths per million is population--higher than in Australia,
Japan, and most of Western Europe.
The Committee believes that we can and must do better. The
men and women served by USFA--about 80 percent of whom are
volunteers--are a critical component of the Nation's emergency
response capability. Ensuring that they benefit from the unique
services offered by USFA is critically important if we are to
achieve--indeed, exceed--the goal of reducing the rate of loss
of life and property from fire by 5 percent, the benchmark
established in FEMA's strategic plan.
In past Views and Estimates, the Committee has voiced its
concern over the relatively flat budgets proposed for USFA in
recent years. The Committee, therefore, is pleased that the
Clinton Administration has taken action to increase funding at
this agency. However, it remains troubled by reports that the
agency is not being managed effectively and that it has been
``buried'' within FEMA. So while it supports the increase
funding levels authorized in the bill, the Committee plans to
conduct vigorous oversight to ensure that the problems
identified in the Blue Ribbon Report and in testmony before the
Committee are addressed.
authorizations of appropriations
H.R. 1550 authorizes $46.13 million for Fiscal Year 2000
and $49.5 million for Fiscal Year 2001. The Committee
recognizes the need for increased funding for USFA but wants to
ensure that USFA has an acceptable plan in place to spend this
money wisely. The Committee, therefore, has agreed to authorize
an increase over the Fiscal Year 1999 level of 43 percent for
Fiscal Year 2000 and a further increase of 7.3 percent for
Fiscal Year 2001. However, the bill requires that before funds
authorized in the bill for Fiscal Year 2001 are obligated, the
Administrator shall certify that such obligation is consistent
with the strategic plan required in section 3 of the bill. By
linking the strategic planning and reform effort to the
increased funding authorization, as this provision does, the
Committee believes that it can meet its obligations both to the
taxpayers and the fire-services community.
The Committee also has approved increases in research and
anti-terrorism training, and it has set aside authorizations
for outsourcing of data analysis. The Committee attaches great
important to the potential for research to meet USFA's goals of
reducing fire risk. In addition, the Committee believes that
anti-terrorism training in FEMA should be the responsibility of
USFA and that this training should not come at the expense of
other fire programs in USFA. In a related provision, the bill
also requests an assessment of counter-terrorism training.
Finally, the Committee has long encouraged outsourcing where it
is appropriate and expects USFA to take advantage of data-
analysis capabilities in the private sector.
implementation of blue ribbon panel recommendations
The Committee wishes to commend the Blue Ribbon Panel for
its efforts in producing the review of USFA. The Blue Ribbon
Panel's Report represents the consensus view of a broad array
of fire-service organizations on the problems facing USFA. This
document will provide a good guide for FEMA and the Committee
to assess the success of future reform efforts.
The Panel's report identifies deficiencies at the Fire
Administration in three core areas: leadership, resource
management, and communication. It noted that, ``there is in
effect a broken covenant between the federal fire programs and
the people and institutions they were created to serve.'' In
general, the Committee endorses the views and recommendations
expressed in this Report, and it is the Committee's expectation
that FMEA and USFA will work to put in place reforms that mend
the rift between the agency and the firefighters it serves.
Since the Blue Ribbon Panel delivered its report to FEMA on
October 1, 1998, FEMA has developed a plan and schedule to
implement its recommendations. The proposal put forward by FEMA
Director Witt has five Sections. They are: (1) Immediate
Actions, which includes those recommendations that can be
implemented immediately through direct action by the FEMA
Directors; (2) Management Review, which includes those
recommendations dealing with operations and staffing (due on
May 1, 1999); (3) USFA Planning, which includes those
recommendations addressing activities in USFA's four main basic
program areas--training, research, data collection and
analysis, and public education (due on June 1, 1999); (4)
Funding and Resource Management, which includes those
recommendations concerning continuing and new funding needs
(due on July 1, 1999); and (5) Strategic Planning, which
includes those recommendations concerning how USFA can be
further integrated into FEMA's strategic planning.
The Committee expects to be consulted throughout this
process, especially as each of these reporting milestones is
approached. The Committee also expects that each of the reports
generated during this process will be provided to it and that
it will be informed of any delays in the schedule outlined in
the implementation plan.
strategic planning
The Committee supports strategic planning and has been very
active in ensuring that the Government Performance and Results
Act has been implemented in the agencies under its
jurisdiction. The Committee would note that in FEMA's strategic
plan, the Fire Administration plays a secondary role, and it is
mentioned very little. We should keep in mind that, for the
most part, fires are personal tragedies, not federal ones. So
while it is important for FEMA to incorporate the Fire
Administration into its federal-disaster planning, it is also
important for the Fire Administration to establish priorities
of its own that, when taken in the aggregate, can have a huge
impact through reducing life and property loss from fire.
The strategic plan requirement in section 3 of the bill is
intended to provide FEMA and USFA with a means for coordinating
and incorporating their response to the Blue Ribbon Panel
Report's recommendations into a broader review of USFA's
activities. Indeed, it should be seen as the culmination of
this effort, not as a separate exercise.
The strategic-plan language also directs the Fire
Administration to look for ways to coordinate with the
Department of Defense, NIST, and other federal agencies,
including the Federal Aviation Administration, the Department
of the Interior, and other appropriate agencies. The U.S.
spends a great deal of money on research and training in these
and other agencies, but if the information is not made
available to the fire services, then an opportunity has been
lost. The Committee believes that programs at DOD and other
agencies should be taken into account in USFA's strategic
planning and that FEMA, through USFA, should play a significant
role in coordinating these activities and ensuring that
information generated by these activities is made available to
State and local fire services.
fire research
For Fiscal Year 1999, USFA has budgeted only $650,000 for
research. The Committee believes that this level of funding is
woefully inadequate. Research is one of the four main
activities of the Fire Administration, but recently, as the
figure for Fiscal Year 1999 shows, the agency has paid less and
less attention to it. For Fiscal Years 2000 and 2001, H.R. 1550
authorizes $2.2 million and $3.0 million, respectively, for
research.
Coupled with the increased authorizations, the research
agenda required by the bill will compel the Fire Administration
to set priorities and give research a more central role in its
activities. The fire-services community has identified a number
of areas needing more research, including ways to protect
citizens and firefighters and fire-protection systems. These
and other areas have been outlined in workshops held by NIST in
1996 and USFA in 1997 and in the Blue Ribbon Panel Report. The
Committee believes the findings of these reports provide a good
basis for moving ahead with a research plan.
As with the strategic plan, the research agenda required in
section 4 of H.R. 1550 also directs the Fire Administration to
identify research being conducted at the DOD and other federal
agencies when developing its agenda. Again, the Committee will
look to USFA to work with these other agencies to coordinate
their activities to the greatest extent possible, given their
different missions, and would encourage inter-agency agreements
in areas of research beneficial to more than one agency.
Finally, the Committee is concerned that there has been
little apparent follow-through on the Memorandum of
Understanding (MOU) between USFA and NIST agreed to by the
agencies on November 5, 1997. The goal of this MOU is ``to make
available improved suppression, protective , auxiliary, and
warning devices incorporating the latest technology.'' The
Committee believes the NIST facilities are an integral part of
any fire research program and expects USFA to use the research
agenda required in the bill to breathe new life into this
agreement.
firefighter equipment
In 1984, 10.6 percent of firefighter injuries, over 6,600
incidents, were due to burns. In 1993, despite 10 years of
advances in protective clothing, 11.3 percent of firefighter
injuries, nearly 6,000 incidents, were due to burns. A 1996
workshop organized by NIST explored the factors that lead to
burn injuries and identified objectives related to the
development of effective protective clothing and equipment, to
fire fighting tactics, and to the training of fire service
personnel.
Section 4 of the bill directs the Administrator to prepare
a research agenda and associated implementation plan. The
findings of the 1996 NIST workshop and related materials should
be reviewed as part of the process of developing the research
agenda. The Committee recognizes that current understanding is
incomplete regarding the relationships among thermal
environments, human response to thermal exposures, and fire
fighting tactics that result in burn injuries.
The Committee expects the research agenda to address, and
place an appropriate level of priority on, research needed: (1)
to support the development of more effective firefighter
protective equipment, including sensor technologies that have
promise for informing firefighters of impending untenable
conditions; (2) to identify best practices in fire fighting
tactics; and (3) to support the development of appropriate
training materials to improve the safety of firefighters,
including imparting knowledge of the limits of protective
clothing and equipment.
reducing fire injury for vulnerable populations
Data collected by the Fire Administration and other sources
show that certain groups are at greater risk from fire injury
or death than the general population. Children under five years
of age perish in fires at twice the national fire death rate.
For Black children, home fires are the leading cause of injury-
related deaths of those between the ages of one and nine.
Likewise, for the elderly over seventy years of age, the death
rate from fire is one and one half times the national average,
rising to four times the national average by age eighty five.
The Hispanic community is at-risk due to fire-related injuries
and deaths.
Data on socioeconomic factors affecting fire-related injury
are less exact, but available information indicates that the
poor suffer a disproportionate share of deaths versus the rest
of the population. For example, smoking, which is inversely
related to income level, accounts for 26 percent of all fire
deaths; and neighborhoods with high proportions of low income
households have higher fire incidence rates than middle or high
income neighborhoods.
The mission of the Fire Administration includes public
education about fire risk and research related to fire
protection. The Committee expects the Fire Administration, in
carrying out the requirement of sections 3 and 4 of the bill,
to direct its efforts and resources appropriately to address
ways to combat the vulnerability of the population groups that
suffer disproportionately from fire injury.
The Committee expects the Fire Administration to provide in
its strategic plan for the development of public education
programs designed for these at-risk audiences. In order to
develop effective materials and approaches, the Fire
Administration should consider any actions needed to improve
the current understanding of the factors that lead to fire
risk, including the adequacy of current data collection
activities. In establishing research priorities in accordance
with section 4 of the bill, the Committee expects the Fire
Administration to consider whether its research program should
include studies of the socioeconomic characteristics associated
with increased fire risk. The Committee believes that
effective, targeted fire prevention campaigns can be developed
only from a sound knowledge base.
The Committee is concerned about recent media reports that
have detailed fire deaths in Texas and other states from the
use of security bars known as ``burglary bars'' on doors and
windows in high crime areas. These devices offer occupants
protection from criminals. However, in times of fire the bars
have entrapped individuals inside their residences and have
prevented their evacuation and rescue. The Committee requests
that the Fire Administration study ways to prevent fire injury
and death from the use and the installation of security bars
and to report its findings to the Committee within 90 days
following the enactment of the bill.
information on surplus/excess federal equipment and cooperative
agreements
Sections 5 and 6 of H.R. 1550 add new responsibilities to
USFA. Many local fire and emergency services are at a
disadvantage when it comes to acquiring surplus and excess
federal equipment because information on such equipment is not
widely available. In addition, while many local fire services
have cooperative agreements with local federal facilities,
usually military bases, other communities may not take
advantage of these opportunities to improve local services
because of a lack of information. The Committee believes that
USFA can play in important role in providing general
information in these areas. Fire services should be able to
rely on USFA as the point of contact for such information, much
of which can be provided on USFA's Internet home page. However,
USFA's role should be to provide information only, not to
participate with fire and emergency services either in applying
for equipment or negotiating a cooperative agreement.
national fire academy curriculum review
The need for a review of the curriculum at NFA was
established in the Blue Ribbon Panel Report and in testimony
before the Subcommittee on Basic Research. The Committee agrees
with this assessment and urges USFA to ensure that the courses
of instruction it develops and delivers at NFA incorporates the
latest research, takes advantage of advances in information
technology, and complements, not duplicates, course offered at
the State level. Further, itbelieves that the curriculum at NFA
should be comparable to that at other federal facilities, such as the
Federal Bureau of Investigation Academy in Quantico, Virginia.
IX. Committee Cost Estimate
Rule XIII, clause 3(d)(2) of the House of Representatives
requires each committee report accompanying each bill or joint
resolution of a public character to contain: (1) an estimate,
made by such committee, of the costs which would be incurred in
carrying out such bill or joint resolution in the fiscal year
in that it is reported, and in each of the five fiscal years
following such fiscal year (or for the authorized duration of
any program authorized by such bill or joint resolution, if
less than five years); (2) a comparison of the estimate of
costs described in subparagraph (1) of this paragraph made by
such committee with an estimate of such costs made by any
Government agency and submitted to such committee; and (3) when
practicable, a comparison of the total estimated funding level
for the relevant program (or programs) with the appropriate
levels under current law. However, House Rule XII, clause
3(d)(3)(B) provides that this requirement does not apply when a
cost estimate and comparision prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974 has been timely submitted
prior to the filing of the report and included in the report
pursuant to House Rule XIII, clause 3(c)(3). A cost estimate
and comparison prepared by the Director of the Congressional
Budget Office under section 403 of the Congressional Budget Act
of 1974 has been timely submitted prior to the filing of this
report and is included in Section X of this report pursuant to
House Rule XIII, clause 3(c)(3).
Rule XIII, clause 3(c)(2) of the House of Representatives
requires each committee report that accompanies a measure
providing new budget authority (other than continuing
appropriations), new spending authority, or new credit
authority, or changes in revenues or tax expenditures to
contain a cost estimate, as required by section 308(a)(1) of
the Congressional Budget Act of 1974 and, when practicable with
respect to estimates of new budget authority, a comparison of
the total estimated funding level for the relevant program (or
programs) to the appropriate levels under current law. H.R.
1550 does not contain any new budget authority, credit
authority, or changes in revenues or tax expenditures. Assuming
that the sums authorized under the bill are appropriated, H.R.
1550 does authorize additional discretionary spending, as
described in the Congressional Budget Office report on the
bill, which is contained in Section X of this report.
X. Congressional Budget Office Cost Estimate
Congressional Budget Office,
U.S. Congress,
Washington, DC, May 6, 1999.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1550, the Fire
Administration Authorization Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Grippen, Director).
Enclosure.
H.R. 1550--Fire Administration Authorization Act of 1999
Summary: H.R. 1550 would authorize appropriations totaling
$127 million over the 1999-2001 period for the programs,
salaries, and expenses of the United States Fire Administration
(USFA). (That amount includes $31 million for 1999; an
appropriation of $32 million has already been provided for the
current year.) The bill would require reports on the agency's
research agenda, counterterrorism training, and curriculum
development for the National Fire Academy and would direct the
USFA to increase efforts to disseminate information. H.R. 1550
also would direct the USFA to develop a strategic plan by April
30, 2000, and would require that the agency's budget for 2001
be consistent with that plan. Other provisions in the bill
would repeal an exception to a fire safety requirement for
federally funded pubic housing in New York City as well as
certain requirements for the USFA.
Assuming appropriation of the amounts authorized for fiscal
years 2000 and 2001, CBO estimates that implementing H.R. 1550
would increase discretionary spending by $96 million over the
2000-2004 period. CBO estimates that H.R. 1550 would not affect
spending in the current year because funds have already been
appropriated that exceed the level authorized by the bill for
1999. The bill would affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 1550
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA) and would
impose no costs on state, local, or tribal governments.
Estimated cost to the Federal Government: For the purposes
of this estimate, CBO assumes that the amounts authorized for
2000 and 2001 will be appropriated by the start of each fiscal
year and that outlays will follow the historical spending
pattern for the USFA. CBO estimates that other provisions of
H.R. 1550 would not have any significant impact on federal
spending. The estimated cost of the bill is shown in the
following table. The costs of this legislation fall within
budget function 450 (community and regional development).
----------------------------------------------------------------------------------------------------------------
By fiscal years, in millions of dollars--
-----------------------------------------------------
1999 2000 2001 2002 2003 2004
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending by USFA Under Current Law:
Budget Authority \1\.................................. 32 0 0 0 0 0
Estimated Outlays..................................... 51 20 8 2 0 0
Proposed Changes:
Authorization Level................................... 0 46 50 0 0 0
Estimated Outlays..................................... 0 28 42 18 7 1
Spending by USFA Under H.R. 1550:
Authorization Level \1\............................... 32 46 50 0 0 0
Estimated Outlays..................................... 51 48 50 20 7 1
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level of $32 million is the amount appropriated for that year. The bill would authorize $31 million
for 1999, thus CBO expects that the bill would not affect spending in the current year.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 1550
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Some of the funds authorized in this bill
would be used for grants, technical assistance, and training
for state and local fire departments.
Estimate prepared by: Megan Carroll.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
XI. Compliance With Public Law 104-4
H.R. 1550 contains no unfunded mandates.
XII. Committee Oversight Findings and Recommendations
Rule XIII, clause 3(c)(1) of the House of Representatives
requires each committee report to include oversight findings
and recommendations required pursuant to clause 2(b)(1) of rule
X. The Committee has no oversight findings.
XIII. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight
Rule XIII, clause 3(c)(4) of the House of Representatives
requires each committee report to contain a summary of the
oversight findings and recommendations made by the House
Committee on Government Reform pursuant to clause 4(c)(2) of
rule X, whenever such findings and recommendations have been
submitted to the Committee in a timely fashion. The Committee
on Science has received no such findings or recommendations
from the Committee on Government Reform.
XIV. Constitutional Authority Statement
Rule XIII, clause 3(d)(1) of the House of Representatives
requires each report of a committee on a bill or joint
resolution of a public character to include a statement citing
the specific powers granted to the Congress in the Constitution
to enact the law proposed by the bill or joint resolution.
Article I, section 8 of the Constitution of the United States
grants Congress the authority to enact H.R. 1550.
XV. Federal Advisory Committee Statement
H.R. 1550 does not establish, nor authorize the
establishment of, any advisory committee.
XVI. Congressional Accountability Act
The Committee finds that H.R. 1550 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).
XVII. 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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974
* * * * * * *
master plans
Sec. 10. (a) * * *
[(b) Report.--Four years after the date of enactment of this
Act, the Secretary shall submit to the Congress a report on the
establishment and effectiveness of master plans in the field of
fire prevention and control throughout the Nation. Such report
shall include, but need not be limited to--
[(1) a summary of the extent and quality of master
planning activities;
[(2) a summary and evaluation of master plans that
have been prepared by States and political subdivisions
thereof. Such summary and evaluation shall consider,
with respect to each such plan (A) the characteristics
of the jurisdiction adopting it, including, but not
limited to, density and distribution of population;
ratio of volunteer versus paid fire services;
geographic location, topography, and climate; per
capita rate of death and property loss from fire; size
and characteristics of political subdivisions of the
governmental units thereof; and socio-economic
composition; and (B) the approach to development and
implementation of the master plans;
[(3) an evaluation of the best approach to the
development and implementation of master plans (e.g.,
central planning by a State agency, regionalized
planning within a State coordinated by a State agency,
or local planning supplemented and coordinated by a
State agency);
[(4) an assessment of the costs and benefits of
master plans;
[(5) a recommendation to Congress on whether Federal
financial assistance should be authorized in order that
master plans can be developed in all States; and
[(6) a model master plan or plans suitable for State
and local implementation.]
[(c)] (b) Definition.--For the purposes of this section, a
``master plan'' is one which will result in the planning and
implementation in the area involved of a general program of
action for fire prevention and control. Such master plan is
reasonably expected to include (1) a survey of the resources
and personnel of existing fire services and an analysis of the
effectiveness of the fire and building codes in such area; (2)
an analysis of short and long term fire prevention and control
needs in such area; (3) a plan to meet the fire prevention and
control needs in such area; and (4) an estimate of cost and
realistic plans for financing the implementation of the plan
and operation on a continuing basis and a summary of problems
that are anticipated in implementing such master plan.
* * * * * * *
[authorization of appropriations
[Sec. 17. (a) There are authorized to be appropriated to
carry out the foregoing provisions of this Act, except as
otherwise specifically provided, with respect to the payment of
claims, under section 11 of this Act, an amount not to exceed
$25,210,000 for the fiscal year ending September 30, 1980,
which amount includes--
[(1) $4,781,000 for programs which are recommended in
the report submitted to the Congress by the
Administrator pursuant to section 24(b)(1);
[(2) $9,430,000 for the National Academy for Fire
Prevention and Control;
[(3) $307,000 for adjustments required by law in
salaries, pay, retirement, and employee benefits;
[(4) $500,000 for additional rural firefighting
technical assistance and information activities;
[(5) $500,000 for the study required by section 26 of
this Act; and
[(6) $110,000 for the study required by section 27 of
this Act.
[(b) There are authorized to be appropriated for the
additional administrative expenses of the Federal Emergency
Management Agency, which are related to this Act and which
result from Reorganization Plan Numbered 3 of 1978 (submitted
June 19, 1978) and related Executive orders, an amount not to
exceed $600,000 for the fiscal year ending September 30, 1980.
[(c) There are authorized to be appropriated to carry out
this Act, except as otherwise specifically provided with
respect to the payment of claims under section 11 this Act, an
amount not to exceed $23,814,000 for the fiscal year ending
September 30, 1981, which amount includes--
[(1) not less than $1,100,000 for the first year of a
three-year concentrated demonstration program of fire
prevention and control in two States with high fire
death rates;
[(2) not less than $2,575,000 for rural fire
prevention and control; and
[(3) not less than $4,255,000 for research and
development for the activities under section 18 of this
Act at the Fire Research Center of the National Bureau
of Standards, of which not less than $250,000 shall be
available for adjustments required by law in salaries,
pay, retirement, and employee benefits.
The funds authorized in paragraph (3) shall be in addition to
funds authorized in any other law for research and development
at the Fire Research Center.
[(d) Except as otherwise specifically provided with respect
to the payment of claims under section 11 of this Act, to carry
out the purposes of this Act, there are authorized to be
appropriated--
[(1) $20,815,000 for the fiscal year ending September
30, 1982, and $23,312,800 for the fiscal year ending
September 30, 1983, which amount shall include--
[(A) such sums as may be necessary for the
support of research and development at the Fire
Research Center of the National Bureau of
Standards under section 18 of this Act, which
sums shall be in addition to those funds
authorized to be appropriated under the
National Bureau of Standards Authorization Act
for fiscal years 1981 and 1982; and
[(B) $654,000 for the fiscal year ending
September 30, 1982, and $732,480 for the fiscal
year ending September 30, 1983, for executive
direction by the Federal Emergency Management
Agency of program activities for which
appropriations are authorized by this
subsection; and
[(2) such further sums as may be necessary in each of
the fiscal years ending September 30, 1982, and
September 30, 1983, for adjustments required by law in
salaries, pay, retirement, and employee benefits
incurred in the conduct of activities for which funds
are authorized by paragraph (1) of this subsection.
The funds authorized under section 18 shall be in addition to
funds authorized in any other law for research and development
at the Fire Research Center of the National Bureau of
Standards.
[(e) Except as otherwise specifically provided with respect
to the payment of claims under section 11 of this Act, to carry
out the purposes of this Act, there are authorized to be
appropriated--
[(1) $15,720,000 for the fiscal year ending September
30, 1984, and $20,983,000 for the fiscal year ending
September 30, 1985; and
[(2) such further sums as may be necessary in each of
the fiscal years ending September 30, 1984, and
September 30, 1985, for adjustments required by law in
salaries, pay, retirement, and employee benefits
incurred in the conduct of activities for which funds
are authorized by paragraph (1) of this subsection.
The funds authorized under this subsection shall be in addition
to funds authorized in any other law for research and
development at the Fire Research Center of the National Bureau
of Standards.
[(f) Except as otherwise specifically provided with respect
to the payment of claims under section 11 of this Act, to carry
out the purposes of this Act, there are authorized to be
appropriated $22,037,000 for the fiscal year ending September
30, 1986 and $18,300,000 for the fiscal year ending September
30, 1987.
[(g)(1) Except as otherwise specifically provided with
respect to the payment of claims under section 11 of this Act,
there are authorized to be appropriated to carry out the
purposes of this Act--
[(A) $17,039,000 for the fiscal year ending September
30, 1989;
[(B) $17,737,000 for the fiscal year ending September
30, 1990;
[(C) $18,464,000 for the fiscal year ending September
30, 1991;
[(D) $25,550,000 for the fiscal year ending September
30, 1992;
[(E) $26,521,000 for the fiscal year ending September
30, 1993;
[(F) $27,529,000 for the fiscal year ending September
30, 1994;
[(G) $29,664,000 for the fiscal year ending September
30, 1998; and
[(H) $30,554,000 for the fiscal year ending September
30, 1999.
[(2) Of the amount referred to in paragraph (1), not more
than $4,150,000 is authorized to be appropriated for each
fiscal year for National Emergency Training Center site
administration.
[(h) In addition to any other amounts that are authorized to
be appropriated to carry out this Act, there are authorized to
be appropriated to carry out this Act--
[(1) $500,000 for fiscal year 1995 for basic research
on the development of an advanced course on arson
prevention;
[(2) $2,000,000 for fiscal year 1996 for the
expansion of arson investigator training programs at
the Academy under section 24 and at the Federal Law
Enforcement Training Center, or through regional
delivery sites;
[(3) $4,000,000 for each of fiscal years 1995 and
1996 for carrying out section 25, except for salaries
and expenses for carrying out section 25; and
[(4) $250,000 for each of the fiscal years 1995 and
1996 for salaries and expenses for carrying out section
25.]
authorization of appropriations
Sec. 17. Except as otherwise specifically provided with
respect to the payment of claims under section 11 of this Act,
there are authorized to be appropriated to carry out the
purposes of this Act--
(1) $30,554,000 for fiscal year 1999;
(2) $46,130,000 for fiscal year 2000, of which
$2,200,000 shall be used for research activities, and
$250,000 shall be used for contracts or grants to non-
Federal entities for data analysis, including general
fire profiles and special fire analyses and report
projects, and of which $6,000,000 shall be for anti-
terrorism training, including associated curriculum
development, for fire and emergency services personnel;
and
(3) $49,500,000 for fiscal year 2001, of which
$3,000,000 shall be used for research activities, and
$250,000 shall be used for contracts or grants to non-
Federal entities for data analysis, including general
fire profiles and special fire analyses and report
projects, and of which $8,000,000 shall be for anti-
terrorism training, including associated curriculum
development, for fire and emergency services personnel.
None of the funds authorized by paragraph (3) may be obligated
unless the Administrator has certified to the Committee on
Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate that the
obligation offunds is consistent with the strategic plan
transmitted under section 3 of the Fire Administration Authorization
Act of 1999.
* * * * * * *
[conforming amendments
[Sec. 23. Section 12 of the Act of February 14, 1903, as
amended (15 U.S.C. 1511), is amended to read as follows:
[``bureaus in department
[``Sec. 12. The following named bureaus, administrations,
services, offices, and programs of the public service, and all
that pertains thereto, shall be under the jurisdiction and
subject to the control of the Secretary of Commerce:
[``(a) National Oceanic and Atmospheric Administration;
[``(b) United States Travel Service;
[``(c) Maritime Administration;
[``(d) National Bureau of Standards;
[``(e) Patent Office;
[``(f) Bureau of the Census;
[``(g) National Fire Prevention and Control Administration;
and
[``(h) such other bureaus or other organizational units as
the Secretary of Commerce may from time to time establish in
accordance with law.'']
federal programs to combat arson
Sec. 24. [(a) The] The Administrator shall--
(1) * * *
* * * * * * *
[(b)(1) The Administrator shall prepare and submit to
Congress not later than March 15, 1979, a report on ways in
which the Federal Government may better assist the States and
local jurisdictions in providing for more effective arson
prevention, detection, and control. Such report shall include,
but need not be limited to--
[(A)(i) an assessment of State and local capabilities
in regard to arson investigation and detection; and
[(ii) an evaluation of the necessity for and the
desirability of Federal supplementation of such State
and local capabilities or other Federal assistance in
arson detection;
[(B) a summary of Federal programs which seek to
reduce arson;
[(C) an identification and analysis of existing
Federal and State laws which may contribute to the
incidence of arson;
[(D) recommendations for additional legislation or
other programs, including research programs, or
policies which may be required to assist in reducing
arson in the United States; and
[(E) an assessment, where practical, of the costs and
benefits of those programs and activities cited in
paragraphs (1) through (4) of subsection (a) or
recommended by the Administration.
[(2) Of the funds authorized to be appropriated in section 17
of this Act, $100,000 shall be available in fiscal year 1979
for carrying out the purposes of paragraph (1) of this
subsection.]
* * * * * * *
[Sec. 26. (a) The Administrator shall, within ten months of
the date of enactment of this section, complete a study of the
effectiveness of smoke detectors, heat detectors, and sprinkler
suppression systems in saving lives, preventing injuries, and
limiting property damage in fires, which report shall be
submitted to the Congress and the President in conducting such
study, the Administrator shall consider, among other factors--
[(1) whether and the extent to which such devices and
systems have been and are effective in reducing the
severity of fires, including estimates with respect to
the potential for savings in lives, and injury
prevention attributable to the operation of such
systems and devices;
[(2) the experience of Federal organizations, States,
localities, and other political subdivisions which have
required the use of such systems and devices; and
[(3) a description of Administration programs
regarding smoke detectors, heat detectors, sprinkler
suppression systems and other systems, together with an
analysis of the utilization of these systems, and
devices as a result of these programs.
[(b) If the Administrator determines, as a result of the
study conducted pursuant to subsection (a) of this section,
that smoke detectors, heat detectors, sprinkler suppression
systems or other similar systems or devices either have been or
may be of assistance in the detection and control of fire, the
Administrator shall include, as part of the report conducted
pursuant to this section, recommendations regarding what should
be the Federal role, if any, with respect to creating
incentives for the use of such devices or systems by the
public, by business concerns, and by Federal, State and local
governments. In making such recommendations, the Administrator
shall consider--
[(1) the incentives, including financial incentives,
which might be developed to require or facilitate
installation within new or existing buildings of smoke
detectors, heat detectors, sprinkler suppression
systems, or any combination of such systems, or other
similar systems and devices; and
[(2) the benefits, if any, of demonstration or other
such programs directed at residents in high impact fire
areas in order to increase the use of smoke detectors,
heat detectors, sprinkler suppression systems, or other
systems or devices.
[(c) As part of its report submitted pursuant to this
section, the Administrator shall provide specific legislative
proposals to the Congress for implementing any recommendations
made pursuant to this section.
[(d) Upon request of the Administrator, each Federal
department and agency shall furnish to the Administrator such
information, data, estimates, and statistics, and allow the
Administrator access to all information in its possession, as
the Administrator may reasonably determine to be necessary for
the conduct of the study required by this section.
[firefighter safety study
[Sec. 27. (a) The Administrator shall conduct a review of
fire-fighter safety. Such review shall include, but need not be
limited to--
[(1) an analysis of the current situation with
respect to the safety of firefighters;
[(2) an analysis of the effectiveness of protective
garments, firefighting breathing equipment, personal
communications systems, and other protective
subsystems, together with recommendations for improving
such equipment in order to further firefighting safety;
[(3) development of a plan for increased technology
transfer to firefighting units of more effective
technologies in the areas identified in paragraph (2)
of this subsection.
[(b) The Administrator shall submit to Congress the results
of such review, together with appropriate recommendations for
legislation, not later than March 31, 1980.]
* * * * * * *
SEC. 33. SURPLUS AND EXCESS FEDERAL EQUIPMENT.
The Administrator shall make publicly available, including
through the Internet, information on procedures for acquiring
surplus and excess Federal fire, emergency, hazardous material,
or other equipment or property that may be useful to State and
local fire and emergency services.
SEC. 34. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.
The Administrator shall make publicly available, including
through the Internet, information on procedures for
establishing cooperative agreements between State and local
fire and emergency services and Federal facilities in their
region relating to the provision of fire and emergency
services.
----------
SECTION 4 OF THE ACT OF DECEMBER 14, 1993
AN ACT To make a technical amendment, and for other purposes.
[SEC. 4. EXCEPTION TO FIRE SAFETY REQUIREMENT FOR NEWLY CONSRUCTED
MULTIFAMILY PROPERTY.
[In the case of any newly constucted multifamily property, as
defined in section 31(c)(2)(A)(ii) of the Federal Fire
Prevention and Control Act of 1974, in the city of New York in
the State of New York, the requirement contained in section
31(c)(2)(A)(i) of the Federal Fire Prevention and Control Act
of 1974 with respect to an automatic sprinkler system shall be
deemed to be met if such property meets an equivalent level of
safety (as defined in section 31(a)(3) of such Act).]
XVIII. Committee Recommendations
On April 29, 1999, a quorum being present, the Committee
favorably reported H.R. 1550, the Fire Administration
Authorization Act of 1999, by a voice vote, and recommends its
enactment.
XIX. Proceedings of Full Committee Markup
Chairman Sensenbrenner. The next bill on the markup
calendar is H.R. 1550, U.S. Fire Administration Authorization
Act of 1999. This bill reauthorizes the training, research,
data collection and analysis, and public education programs of
the United States Fire Academy--the Fire Administration, which
includes the National Fire Academy. This year marks the 25th
anniversary of the Fire Prevention and Control Act establishing
the Fire Administration, so this seems like an appropriate time
for Congress to undertake a review of the agency.
Since its formation in 1974, the Fire Administration has
played an important role in reducing the loss to life and
property from fire. But recently, many in the firefighting
community have begun questioning the value of a Fire
Administration that appears to have lost its way. These
concerns were given voice in the recent Blue Ribbon Panel
report. This panel of experts was commissioned by FEMA Director
James Lee Witt and identified a number of deficiencies that
have undermined the agency's effectiveness. This bill will, I
believe, help get the Fire Administration back on track,
especially in research, an area that has been neglected in
recent years.
The bill not only authorizes additional funding for all the
agency's programs, it also requires detailed planning on how
that money will be spent without resorting to micromanagement.
I would like to commend Mr. Smith, the Chairman of the
Subcommittee on Basic Research, and Ms. Johnson, the Ranking
Minority Member of the Subcommittee, for all their work in
producing a balanced bill that will rejuvenate and strengthen
the Fire Administration, and it deserves strong and broad
bipartisan support.
The gentleman from Michigan, Mr. Smith is recognized for an
opening statement.
Mr. Smith. Thank you, Mr. Chairman. H.R. 1550 is
legislation that I hope is the beginning of a commitment from
Congress to increase support for our firefighters and emergency
personnel. Firefighters and EMS personnel are vital to every
community in our country. They risk their lives, yet 80 percent
of these men and women are volunteers. H.R. 1550 is a bill that
addresses problems and will help the Fire Administration meet
its responsibility.
The bill authorizes $45.1 million for the Fiscal Year
2000--$2.2 million is set aside for research. That's four times
the research money that's used in this current year. The
overall authorization is consistent with the Administration's
request and represents an increase of $12.9 million, or nearly
40 percent, over Fiscal Year 1999. For Fiscal Year 2001, the
bill authorizes a 5 percent increaseover the 1999 level to
$47.5 million, increasing the research money to $3 million for
directed--for research. The bill directs the administrator to certify
to Congress that the obligation of funds for Fiscal Year 2001 is
consistent with a strategic plan required in section 3 of the bill.
The language requiring the strategic plan for the Fire
Administration is modeled after the Government Performance and
Results Act. And, while it's important for FEMA to incorporate
the Fire Administration into its federal disaster planning,
it's also important for the Fire Administration, individually,
separately, to establish priorities that will be more effective
in reducing life and property loss from fire.
The strategic plan language also directs the Fire
Administration to look for ways to coordinate with other
federal agencies, especially the Department of Defense. And it
will provide an appropriate vehicle for incorporating the
recommendations of the Blue Ribbon Panel. I worked with the
Department of Defense authorizers to include language in their
bill that will result in closer cooperation, especially in the
area of terrorism and weapons of mass destruction.
In addition to a substantial increase for research in
section 2, H.R. 1550 also directs the Fire Administration to
establish a research agenda. Research is one of the four main
activities of the Fire Administration, however, this year,
research efforts are only $650,000. Coupled with the increased
authorization, this research agenda will allow the Fire
Administration to set priorities and give research a more
central role in its activities. This section of the bill also
directs the Fire Administration to take stock of research being
conducted at the Department of Defense and all other
appropriate federal agencies.
H.R. 1550 increases assistance to community fire
departments for the acquisition of excess and surplus federal
equipment.
Finally, consistent with the oversight agenda adopted by
the Committee, the bill deletes obsolete provisions of the
statute.
In conclusion, Mr. Chairman, we've made great strides in
reducing losses from fire. Between 1985 and 1994, fire deaths
decreased 32 percent and the property losses from fire
decreased by over 13 percent. Nonetheless, the losses due to
fire remain unacceptably high. Each year, fire still destroys
over 4,000 lives, injures another 25,000, and results in
property losses of about $9 billion a year. We can and must do
better for our citizens and for the firefighters who risk their
lives to protect their communities. This bill will strengthen
the federal fire programs and improve training and research.
And, before closing, I would like to thank the gentlewoman
from Texas, Ms. Johnson, for her important support and, Mr.
Chairman, thank you for your efforts in bringing the bill
before the Committee today. H.R. 1550 is an important piece of
legislation that I ask all my colleagues to support.
[The information follows:]
Opening Statement of Hon. Nick Smith
Thank you, Mr. Chairman. As you said in your opening
statement, there is a great deal of concern about the situation
at Fire Administration, both within Congress and the fire-
services community. H.R. 1550 is a bill that addresses these
problems and will help the agency meet its responsibilities.
H.R. 1550 authorizes $45.1 million for FY 2000, $2.2
million of which is set aside for research. This authorization
is consistent with the Administration's request and represents
an increase of $12.9 million, or nearly 40 percent, over the
Fiscal Year 1999 level.
For Fiscal year 2001, the bill authorizes a 5.3 percent
increase, to $47.5 million, $3.0 million of which is for
research. There is, however, a string attached. The bill
directs the Administrator to certify to Congress that the
obligation of funds for Fiscal Year 2001 is consistent with the
strategic plan required in Section 3 of the bill.
The language requiring the strategic plan is modeled
closely after that in the Government Performance and Results
Act. I would note that in FEMA's strategic plan, the Fire
Administration is mentioned very little. We should keep in mind
that for the most part, fires are personal tragedies, not
Federal ones. So while it is important for FEMA to incorporate
the Fire Administration into its Federal-disaster planning, it
is also important for the Fire Administration to establish
priorities of its own that, when taken in the aggregate, can
have a huge impact in reduced life and property loss from fire.
The strategic-plan language also directs the Fire
Administration to look for ways to coordinate with other
Federal agencies, especially the Department of Defense, and
will provide an appropriate vehicle for incorporating the
recommendations of the Blue Ribbon Panel.
In addition to the substantial increase for research in
Section 2, H.R. 1550 also directs the Fire Administration to
establish a research agenda. Research is one of the four main
activities of the Fire Administration, but recently the agency
has paid less and less attention to it. In Fiscal Year 1999,
for example, the Fire Administration budgeted only $650,000 for
research. Coupled with the increased authorizations, this
research agenda will compel the Fire Administration to set
priorities and give research a more central role in its
activities. This section of the bill also directs the Fire
Administration to take stock of research being conducted at the
Department of Defense and other Federal agencies when
developing its agenda.
H.R. 1550 also requires the Fire Administration to make
accessible, including through the Internet, information on the
availability of, and the procedures for acquiring, excess and
surplus Federal equipment and on the procedures for
establishing a cooperative agreement with a Federal facility,
such as a local National Guard base. Finally, consistent with
the Oversight Agenda adopted by the Committee, the bill deletes
obsolete provisions of the statute.
Mr. Chairman, we have made great strides in reducing losses
from fire. Between 1985 and 1994, fire deaths decreased 32
percent and the property losses for fire have decreased by over
13 percent. Nevertheless, the losses due to fire remain
unacceptably high. Each year, fire still destroys over 4,000
lives, injures another 25,000, and results in property losses
of about $9 billion.
We can and must do better for our citizens and for the
firefighters who risk their lives to protect their communities.
Together with strong oversight, H.R. 1550 will strengthen
Federal fire programs and improve training and research.
Before closing, I would like to thank the Gentlewoman from
Texas, Ms. Johnson, for her input and support and you, Mr.
Chairman, for your efforts in bringing the bill before the
Committee today. I think that it is important that we also note
the tremendous contribution of the Blue Ribbon Panel to the
Committee's efforts. Their advice and guidance will result in a
Fire Administration that will serve more ably the fire services
in this country.
H.R. 1550 is an important piece of legislation and I ask my
colleagues to support it.
Chairman Sensenbrenner. The gentleman's time has expired.
The gentlewoman from Texas, Ms. Johnson, the Ranking Member of
the Subcommittee.
Ms. Johnson. Thank you, Mr. Chairman. The Fire
Administration has long enjoyed the bipartisan support of the
Science Committee because of its vital mission to improve the
safety of all of our citizens. I would like to commend Mr.
Smith, the Chairman of the Basic Research Subcommittee, for
working with us in a collegial way in developing H.R. 1550, and
I also thank you for bringing the bill before the Committee for
its consideration.
The Federal Fire Prevention and Control Act of 1974 was
intended to address a serious problem affecting the safety of
all Americans. Much progress has been made during the past 25
years in public education about fire safety and improving the
effectiveness of fire services and the wider use of home fire
safety devices. Nevertheless, the United States still has one
of the highest fire death rates among advanced nations. The
bill before the Committee seeks to reinvigorate the efforts of
the Fire Administration.
I am pleased that it endorses the President's Fiscal Year
2000 proposal for a 40 percent funding increase. Although this
increase will raise the Fire budget to over $45 million, it
still pales compared to the scale contemplated for the agency.
The landmark report, America Burning, which was the genesis of
the 1974 Act, recommended an initial budget for the Fire
Administration of $124 million in then-year dollars.
The bill is a good start to providing the level of
resources the Fire Administration needs to carry out its
important mission. H.R. 1550, as introduced, will enable the
Fire Administration to increase support for its critical
responsibility for firefighter training through the National
Fire Academy. Moreover, the budget growth will enable the
agency to reverse the steep decline in support for fire
research and for public education programs, especially programs
to reach the elderly and the poor populations which are most at
risk from fire injuries. I will suggest report language at the
appropriate time dealing with these areas.
In addition to the funding, the bill establishes a
requirement for a 5-year program plan for the agency. This plan
will constitute the formal documentation of the Fire
Administration's response to the recommendation of last year's
Blue Ribbon Panel report. I still have some questions about the
mixed messages from the White House that I've received, and Mr.
Witt. And I appreciate the commitment to hold hearings before
the next Committee review.
Part of the progress required for developing this plan will
include consultation with NIST and the Fire Service
organizations to establish a prioritized set of research goals.
I am particularly interested in seeing that this research
prioritization place adequate emphasis on development of
firefighter protection equipment. I am pleased to recommend the
measure to my colleagues for their approval. Thank you, Mr.
Chairman.
Chairman Sensenbrenner. The gentlewoman's time has expired.
Without objection, further opening statements will be inserted
into the record at this point.
And the bill--without objection, the bill will be read the
first time and open for amendment at any point.
[The information follows:]
H.R. 1550
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Administration Authorization Act
of 1999''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 17 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2216) is amended to read as follows:
``authorization of appropriations
``Sec. 17. Except as otherwise specifically provided with respect to
the payment of claims under section 11 of this Act, there are
authorized to be appropriated to carry out the purposes of this Act--
``(1) $30,554,000 for fiscal year 1999;
``(2) $45,130,000 for fiscal year 2000, of which $2,200,000
shall be used for research activities; and
``(3) $47,500,000 for fiscal year 2001, of which $3,000,000
shall be used for research activities.
None of the funds authorized by paragraph (3) may be obligated unless
the Administrator has certified to the Committee on Science of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that the obligation of funds is consistent
with the strategic plan transmitted under section 3 of the Fire
Administration Authorization Act of 1999.''.
SEC. 3. STRATEGIC PLAN.
(a) Requirement.--Not later than April 30, 2000, the Administrator of
the United States Fire Administration shall prepare and transmit to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a 5-year
strategic plan of program activities for the United States Fire
Administration.
(b) Contents of Plan.--The plan required by subsection (a) shall
include--
(1) a comprehensive mission statement covering the major
functions and operations of the United States Fire
Administration in the areas of training, research, data
collection and analysis, and public education;
(2) general goals and objectives, including those related to
outcomes, for the major functions and operations of the United
States Fire Administration;
(3) a description of how the goals and objectives identified
under paragraph (2) are to be achieved, including operational
processes, skills and technology, and the human, capital,
information, and other resources required to meet those goals
and objectives;
(4) an identification of the fire-related activities of the
National Institute of Standards and Technology, the Department
of Defense, and other Federal agencies, and a discussion of how
those activities can be coordinated with and contribute to the
achievement of the goals and objectives identified under
paragraph (2);
(5) a description of objective, quantifiable performance
goals needed to define the level of performance achieved by
program activities in training, research, data collection and
analysis, and public education, and how these performance goals
relate to the general goals and objectives in the strategic
plan;
(6) an identification of key factors external to the United
States Fire Administration and beyond its control that could
affect significantly the achievement of the general goals and
objectives;
(7) a description of program evaluations used in establishing
or revising general goals and objectives, with a schedule for
future program evaluations; and
(8) a description of how the strategic plan prepared under
this section will be incorporated into the strategic plan and
the performance plans and reports of the Federal Emergency
Management Agency.
SEC. 4. RESEARCH AGENDA.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the Administrator of the United States Fire
Administration, in consultationwith the Director of the Federal
Emergency Management Agency, the Director of the National Institute of
Standards and Technology, representatives of trade associations, State
and local firefighting services, and other appropriate entities, shall
prepare and transmit to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the United States Fire
Administration's research agenda and including a plan for implementing
that agenda.
(b) Contents of Report.--The report required by subsection (a)
shall--
(1) identify research priorities;
(2) describe how the proposed research agenda will be coordinated
and integrated with the programs and capabilities of the National
Institute of Standards and Technology, the Department of Defense, and
other Federal agencies;
(3) identify potential roles of academic and other research
institutions in achieving the research agenda;
(4) provide cost estimates, anticipated personnel needs, and a
schedule for completing the various elements of the research agenda;
(5) describe ways to leverage resources through partnerships,
cooperative agreements, and other means; and
(6) discuss how the proposed research agenda will enhance training,
improve State and local firefighting services, impact standards and
codes, increase firefighter and public safety, and advance firefighting
techniques.
(c) Use in Preparing Strategic Plan.--The research agenda prepared
under this section shall be used in the preparation of the strategic
plan required by section 3.
SEC. 5. SURPLUS AND EXCESS FEDERAL EQUIPMENT.
The Federal Fire Prevention and Control Act of 1974 is amended by
adding at the end the following new section:
``SEC. 33. SURPLUS AND EXCESS FEDERAL EQUIPMENT.
``The Administrator shall make publicly available, including
through the Internet, information on procedures for acquiring surplus
and excess Federal fire, emergency, hazardous material, or other
equipment or property that may be useful to State and local fire and
emergency services.''.
SEC. 6. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.
The Federal Fire Prevention and Control Act of 1974 is amended by
adding at the end the following new section:
``SEC. 34. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.
``The Administrator shall make publicly available, including
through the Internet, information on procedures for establishing
cooperative agreements between State and local fire and emergency
services and Federal facilities in their region relating to the
provision of fire and emergency services.''.
SEC. 7. MISCELLANEOUS REPEALS.
The Federal Fire Prevention and Control Act of 1974 is amended--
(1) by repealing section 10(b) and redesignating subsection (c) of
that section as subsection (b);
(2) by repealing section 23;
(3) in section 24--
(A) by striking ``(a) The'' and inserting ``The''; and
(B) by repealing subsection (b);
(4) by repealing section 26; and
(5) by repealing section 27.
Chairman Sensenbrenner. The first amendment on the roster
is by the gentleman from Colorado, Mr. Udall. And, in the
interest of time, the Chair is going to make you an offer you
can't refuse. [Laughter.]
I notice you also have amendment number six. If you would
like to offer them both at the same time, you can get a two for
one.
Mr. Udall. Mr. Chair, I'd be glad to work with you on this.
Chairman Sensenbrenner. Okay. The clerk will report the
amendments.
The Clerk. Amendment to H.R. 1550, offered by Mr. Udall----
Chairman Sensenbrenner. Without objection, the amendments
will be considered as read. They are also considered en bloc.
[The information follows:]
Amendment to H.R. 1550 Offered by Mr. Udall of Colorado
Page 2, line 11, strike ``$45,130,000'' and insert ``$46,130,000''.
Page 2, line 12, insert ``, and of which $6,000,000 shall be for
anti-terrorism training, including associated curriculum development,
for fire and emergency services personnel'' after ``for research
activities''.
Page 2, line 13, strike ``$47,500,000'' and insert ``$49,500,000''.
Page 2, line 14, insert ``, and of which $8,000,000 shall be for
anti-terrorism training, including associated curriculum development,
for fire and emergency services personnel'' after ``for research
activities''.
Page 7, after line 24, insert the following new section:
SEC. 8. NEED FOR ADDITIONAL TRAINING IN COUNTERTERRORISM.
(a) In General.--The Administrator of the United States Fire
Administration shall conduct an assessment of the need for additional
capabilities for Federal counterterrorism training of emergency
response personnel.
(b) Contents of Assessment.--The assessment conducted under this
section shall include--
(1) a review of the counterterrorism training programs
offered by the United States Fire Administration and other
Federal agencies;
(2) an estimate of the number and types of emergency response
personnel that have, during the period between January 1, 1994,
and June 1, 1999, sought training described in paragraph (1),
but have been unable to receive that training as a result of
the oversubscription of the training capabilities; and
(3) a recommendation on the need to provide additional
Federal counterterrorism training centers, including--
(A) an analysis of existing Federal facilities that
could be used as counterterrorism training facilities;
and
(B) a cost-benefit analysis of the establishment of
counterterrorism training facilities in regions where
many applicants for such training reside.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall prepare and submit to
the Congress a report on the results of the assessment conducted under
this section.
Chairman Sensenbrenner. And the gentleman from Colorado is
recognized for 5 minutes.
Mr. Udall. Thank you, Mr. Chair. I'd like to begin by
indicating my strong support for H.R. 1550. I intend to offer
two amendments en bloc in order to strengthen our
counterterrorism training efforts. As we experience more
instances of domestic terrorism, it is vital that our
responders are trained to address possibilities of terrorist
attack. We are now facing a situation in which a policeman,
paramedic, or firefighter can be called upon to deal with a
terrorist scenario.
At Oklahoma City, the incident commander was the fire
chief. The law enforcement emergency professionals and others
reported to him. In the future, training received at the
National Fire Academy might mean life or death, not just for
our first responders, but for uncountable numbers of people. It
is essential that the Fire Administration have the resources
necessary to help meet the anti-terrorism training needs of the
Fire Services.
My first amendment increases the authorization level for
the Fire Administration's anti-terrorist training activities by
$1 million for the Fiscal Year 2000 and by an additional $2
million for the Fiscal Year 2001. These increases will raise
the total funding level for this important activity to $6
million per year in the first year and to $8 million, or twice
the current level, by the second year.
I've looked back at the report that the Committee issued
when it authorized the Fire Administration in 1997. In the
report, the Committee fully approved of the expansion of the
agency's anti-terrorism training activities. It said that,
quote, ``The Committee supports the USFA's role in
counterterrorism training because training for counterterrorism
in many ways mirrors and/or supplements existing USFA-sponsored
training programs for major fires, natural disasters, and
hazardous materials accidents.'' The report goes on to stress
that support for these important training activities should not
come at the expense of existing USFA programs.
I just doubt that the $5 million per year now in the bill
for the development of curricular materials and for conducting
training classes will be sufficient to meet the needs of the
35,000 fire departments across the country. I would note that
the Blue Ribbon Panel convened last year by FEMA Director Witt
recommends that the Fire Administration budget for natural
disaster and terrorism response activities be $15 million.
That's why I'm proposing this increase.
My second amendment is related to the first. It would
direct the United States Fire Administration to assess the need
for additional capabilities for federal counterterrorism
training of emergency response personnel. We need to know how
adequate our current efforts are, what our current need is, and
how best to satisfy that need in the event that the demand for
training exceeds our current capacity for training.
My amendments seek to ensure that the past concerns that
this Committee's addressed, and an important activity of the
Fire Administration, is placed on a reasonable growth track,
consistent with the Blue Ribbon Panel's recommendation.
Terrorism is a problem that has reached epidemic proportions
and I feel strongly that, whenever possible, the Science
Committee should do its part to protect Americans from this
National threat. I urge support for these amendments. I thank
you for your help, Mr. Chairman, and I yield back.
Chairman Sensenbrenner. Will the gentleman yield?
Mr. Udall. I yield back.
Chairman Sensenbrenner. I believe that both of these
amendments are very constructive additions to the bill and we
are prepared to accept them. The time of the gentleman has
expired.
Is there any further discussion on the amendments en bloc
offered by the gentleman from Colorado?
Hearing none, all those in favor will signify by saying
aye.
Opposed, no.
The ayes appear to have it. The ayes have it and
theamendments are agreed to.
The next amendment on the roster is one proposed by the
gentlewoman from Illinois, Ms. Biggert. For what purpose does
she rise?
Mrs. Biggert. Mr. Chairman, I have an amendment at the
desk.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 1550, offered by Mrs.
Biggert----
Chairman Sensenbrenner. Without objection, the amendment is
considered as read.
[The information follows:]
Amendment to H.R. 1550 Offered by Mrs. Biggert
Page 2, line 12, insert ``, and $250,000 shall be used for
contracts or grants to non-Federal entities for data analysis,
including general fire profiles and special fire analyses and report
projects'' after ``activities''.
Page 2, line 14, insert ``, and $250,000 shall be used for
contracts or grants to non-Federal entities for data analysis,
including general fire profiles and special fire analyses and report
projects'' after ``activities''.
Chairman Sensenbrenner. The gentlewoman is recognized for 5
minutes.
Mrs. Biggert. Thank you, Mr. Chairman. The amendment that I
offer today to H.R. 1550 would promote greater efficiency and
flexibility within the United States Fire Administration while
returning to the private sector the things done best there.
This amendment reserves $500,000 over 2 years to implement a
key recommendation of the FEMA Blue Ribbon Panel that
identified outsourcing of the data analysis function.
The panel reported that, by outsourcing its data analysis
activities, USFA can focus its scarce resources more intensely
on improving and preserving the National Fire Incident
Reporting System. Outsourcing of the analysis function can be
accomplished easily through cooperative agreements, grants and
contracts with any number of entities in the private and not-
for-profit sectors. USFA would not have to hire additional
economists or statisticians and current USFA staff would be
free to focus on what they do best--the collection of the data.
Mr. Chairman, this amendment would implement the Blue
Ribbon Panel's recommendation and encourage the Fire
Administration to outsource some data analysis activities now
conducted in-house. The Blue Ribbon Panel even recommended
$250,000 per year for this activity. The Fire Service community
made it clear through the panel that is supports this
recommendation and I ask my colleagues to support it as well.
Chairman Sensenbrenner. The gentlewoman's time has expired.
Is there further discussion on the Biggert amendment?
Hearing none, all those in favor of the Biggert amendment
will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it and the
amendment is agreed to.
The third amendment on the roster is one by the gentleman
from Pennsylvania, Mr. Weldon. For what purpose does he rise?
Mr. Weldon of Pennsylvania. Mr. Chairman, I have an
amendment at the desk.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 1550, offered by Mr. Weldon of
Pennsylvania----
Chairman Sensenbrenner. Without objection, the amendment is
considered as read and the gentleman is recognized for 5
minutes.
[The information follows:]
Amendment to H.R. 1550 Offered by Mr. Weldon of Pennsylvania
Page 4, line 16, strike ``and''.
Page 4, after line 16, insert the following new paragraph:
(8) a plan for the timely distribution of information and
educational materials to State and local firefighting services,
including volunteer, career, and combination services
throughout the United States; and
Page 4, line 17, strike ``(8)'' and insert ``(9)''.
Mr. Weldon of Pennsylvania. Thank you, Mr. Chairman. Mr.
Chairman, first of all, let me congratulate the Subcommittee
Chairman and Ranking Member for bringing this bill forward and
for your leadership and the full Committee Ranking Member's
leadership on issues involving the Fire Service.
This amendment is simple and straightforward. It simply
asks the United States Fire Administration to provide a more
detailed capability to disseminate information to the 32,000
fire and EMS departments in this country, 85 percent of whom
are volunteer. This is an ongoing need. USFA is not meeting
that in a timely way, according to the major fire service
groups, and this amendment simply asks the Fire Administration
to provide a system of distribution as part of their strategic
plan. I think it's very logical and it's something I think USFA
in fact will welcome.
While I have the time, Mr. Chairman, I would also like to
just briefly comment on some of the amendments that are dealing
with training for the 1.2 million fire and EMS people in this
country. Unfortunately, while there are hundreds of millions of
dollars of training and resources that are supposedly aimed at
the fire and EMS community nationwide, we've had a very
difficult time getting those dollars down to the firefighter
and the EMS personnel.
Part of that has been because--or part of that has been, in
my opinion, because the Fire Administration did not take an
aggressive role when this country was debating what way to
respond to anti-terrorism initiatives. DOD did come in
aggressively and so did the Department of Justice. As a result,
the irony here is that hundreds of millions of dollars are
being spent on training local fire and emergency response
personnel and yet none of that is coming out of the
jurisdiction of this Committee or even the Fire Administration.
It's being carried out by the Department of Justice. It's being
carried out by the Department of Defense. And it is a
significant amount of money, far, far greater than the total
budget of the United States Fire Administration.
To some extent, I think that's an indictment of the Fire
Administration and the need for us to provide more support to
have them become more progressive. At out annual dinner last
week, James Lee Witt announced that he is, in fact, creating a
new position within FEMA to become an advocate on behalf of the
Fire Service of this country. It is long overdue. But I would
just encourage my colleagues to understand that many of their
frustrations should not be because of lack of resources,
because they are there. They are there in the hundreds of
millions of dollars.
The problem is those resources are being directed by
agencies who do not directly report to the men and women they
are servicing. They report to the Pentagon and they report to
the FBI and the Department of Justice. And that is extremely
unfortunate, and that's something that we're trying to rectify.
The other point I'd mention is that I'm working with the
Subcommittee Chair to make sure that the Defense assets we're
putting into fire research are totally coordinated with the
Fire Service community. We spend a significant amount of money
each year in the Department of Defense on researching fire and
life safety and we're trying to bring those two together, and
the Chairman has been tireless in his efforts in making sure
that happens in this session of the Congress.
So, with that, I would ask for support of the amendment
that I outlined earlier.
Chairman Sensenbrenner. The gentleman yields back the
balance of this time. Is there further discussion on the Weldon
of Pennsylvania amendment?
Hearing none, all those in favor of agreeing to the
amendment will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it and the
amendment is agreed to.
The next amendment on the list is one by the gentleman from
Connecticut, Mr. Larson. For what purpose does he seek
recognition?
Mr. Larson. Mr. Chairman, I have an amendment at the desk.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 1550, offered by Mr. Larson--
--
Chairman Sensenbrenner. Without objection, the amendment is
considered as read.
[The information follows:]
Amendment to H.R. 1550 Offered by Mr. Larson
Page 4, line 16, strike ``and''.
Page 4, line 21, strike the period and insert ``; and''.
Page 4, after line 21, insert the following new paragraph:
(9)(A) a description of the current and planned use of the
Internet for the delivery of training courses by the National
Fire Academy, including a listing of the types of courses and
whether they provide real time interaction between instructor
and students, and including the number of students enrolled,
and the geographic distribution of students, for the most
recent fiscal year;
(B) an assessment of the availability and actual use by the
National Fire Academy of Federal facilities suitable for
distance education applications, including facilities with
teleconferencing capabilities; and
(C) an assessment of the benefits and problems associated
with delivery of instructional courses using the Internet,
including limitations due to network bandwidth at training
sites, the availability of suitable course materials, and the
effectiveness of such courses in terms of student performance.
Chairman Sensenbrenner. And the gentleman from Connecticut
is recognized for 5 minutes.
Mr. Larson. Thank you, Mr. Chairman. Mr. Chairman, let me
start by acknowledging the very hard work put in by
Representative Smith and Representative Johnson. As you know,
the Fire Administration Authorization Act, known as H.R. 1550,
includes a requirement for a 5 year strategic plan, laying out
the agency's overall goals and program activities.
The purpose of my amendment is to add to the provision, to
assess within the strategic plan the benefits of distance
learning for fire education for local fire departments. The
amendment accomplishes this by calling for the full
consideration of how the Internet is now used, and could be
used more effectively in the future, to deliver the National
Fire Academy training courses at remote sites.
Secondly, by requiring the Fire Administration to review
its current training activities on the Internet and to assess
the benefits and problems associated with the Internet use for
training and asking for an inquiry into the availability of
federal facilities with advanced telecommunications
capabilities that can be used as a remote setting for the Fire
Academy courses. In particular, teleconferencing facilities
that would permit interaction between students and the
instructor.
Lastly, Mr. Chairman, I would call for the unanimous
support of the Committee and, again, compliment my colleagues
for the hard work that they've put in on the bill. And I would
yield back my time.
Chairman Sensenbrenner. Will the gentleman yield, just
briefly. This is another good amendment and we are prepared to
accept it. The gentleman's time has expired.
Further discussion on the Larson amendment?
Hearing none, the question is on agreeing to the amendment.
All those in favor will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it and the
amendment is agreed to.
The next amendment on the roster is one by the gentleman
from Oklahoma, Mr. Lucas. For what purpose does the gentleman
seek recognition?
Mr. Lucas. Mr. Chairman, I have an amendment at the desk.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 1550, offered by Mr. Lucas----
Chairman Sensenbrenner. Without objection, the amendment is
considered as read.
[The information follows:]
Amendment to H.R. 1550 Offered by Mr. Lucas
Page 7, after line 24, insert the following new section:
SEC. 8. NATIONAL FIRE ACADEMY CURRICULUM REVIEW.
(a) In General.--The Administrator of the United States Fire
Administration, in consultation with the Board Visitors and
representatives of trade and professional associations, State and local
firefighting services, and other appropriate entities, shall conduct a
review of the courses of instruction available at the National Fire
Academy to ensure that they are up-to-date and complement, not
duplicate, courses of instruction offered elsewhere. Not later than 180
days after the date of enactment of this Act, the Administrator shall
prepare and submit a report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Contents of Report.--The report required by subsection (a)
shall--
(1) examine and assess the courses of instruction offered by
the National Fire Academy;
(2) identify redundant and out-of-date courses of
instruction;
(3) examine the current and future impact of information
technology on National Fire Academy curricula, methods of
instruction, and delivery of services; and
(4) make recommendations for updating the curriculum, methods
of instruction, and delivery of services by the National Fire
Academy considering current and future needs, State-based
curricula, advances in information technologies, and other
relevant factors.
Chairman Sensenbrenner. And the gentleman from Oklahoma is
recognized for 5 minutes.
Mr. Lucas. Thank you, Mr. Chairman. The amendment I am
offering today would require the Fire Administration to conduct
a review of the courses of instruction it offers through the
National Fire Academy. The purpose of this amendment is to
ensure that the courses offered complement, and do not
duplicate, courses offered elsewhere, such as at the State
level, and to get the Fire Academy to think about ways in which
it can more effectively deliver its courses and services.
The Blue Ribbon Panel made a compelling case for such an
assessment in its report. The committee also heard the
testimony from the Chairman of that Panel on the need to make
sure that the courses delivered to the leadership of the
Nation's fire services are courses that cannot be offered
elsewhere. He also stressed the importance of distance learning
and getting more instructors out into the states.
Mr. Chairman, this amendment fulfills a real need
recognized by the fire services community. The importance of
the courses offered by the National Fire Academy should be
comparable to those offered at other Federal institutions. This
amendment will help ensure that the people who put their lives
at risk every day protecting our fellow citizens receive the
best training anywhere in the country, and I ask my colleagues
to support this amendment. And I yield back.
Chairman Sensenbrenner. Further discussion on the Lucas
amendment?
Hearing none, all those in favor of agreeing to the
amendment, will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it and the
amendment is agreed to.
Amendment number six by Mr. Udall has already been taken
care of. The next amendment is by the gentleman from
California, Mr. Kuykendall. For what purpose does he seek
recognition?
Mr. Kuydendall. I have an amendment at the desk.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 1550, offered by Mr.
Kuykendall----
Chairman Sensenbrenner. Without objection, the amendment is
considered as read and the gentleman from California is
recognized for 5 minutes.
[The information follows:]
Amendment to H.R. 1550 Offered by Mr. Kuykendall
Page 7, after line 24, insert the following new section:
SEC. 8. INTERNET AVAILABILITY OF INFORMATION.
The Administrator of the United States Fire Administration shall
make available through the Internet home page of the United States Fire
Administration the abstracts relating to all research grants and awards
made with funds authorized by the amendments made by this Act. Nothing
in this section shall be construed to require or permit the release of
any information prohibited by law or regulation from being released to
the public.
Mr. Kuykendall. Again, Mr. Chairman, this is very similar
to the previous amendment that I offered. It puts the grant or
the research grant information up on the Internet. I think it's
interesting that we've had several of those already come before
us, or another amendment at least, before us. The Internet is
obviously a new, very vital communication link, and we need to
make this kind of information available to the constituencies
across the country that rely on these dollars for doing
research. And I would urge your passage of it to ensure that
the research grant information is on the Internet.
Chairman Sensenbrenner. The gentleman yields back the
balance of his time. Further discussion on the Kuykendall
amendment?
Hearing none, all those in favor of agreeing to the
amendment will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it and the
amendment is agreed to.
The next amendment on the roster is by the gentleman from
New York, Mr. Weiner. For what purpose does he seek
recognition?
Mr. Weiner. Mr. Chairman, I have an amendment at the desk.
Chairman Sensenbrenner. Clerk will report the amendment.
The Clerk. Amendment to H.R. 1550, offered by Mr. Weiner--
--
Chairman Sensenbrenner. Without objection, the amendment is
considered as read and the gentleman from New York is
recognized for 5 minutes.
[The information follows:]
Amendment to H.R. 1550 Offered by Mr. Weiner
Page 7, after line 24, insert the following new section:
SEC. 8. REPEAL OF EXCEPTION TO FIRE SAFETY REQUIREMENT.
(a) Repeal.--Section 4 of Public Law 103-195 (107 Stat. 2298) is
hereby repealed.
(b) Effective Date.--Subsection (a) shall take effect 1 year after
the date of the enactment of this section.
Mr. Weiner.Thank you, Mr. Chairman. I want to thank and
commend the Chairman of the Full Committee and the Ranking
Member for their work on this bill and also the Chair of the
Subcommittee, Mr. Smith, and Ms. Johnson, the Ranking Member.
This amendment that I'm offering closes a loophole that was
created in 1993 to allow New York City Federally-funded housing
to not have the National fire standards, instead, to allow
equivalent standards to be used. This amendment that I'm
offering was in a bill that was offered by Congressman Maloney
and others of us in the New York delegation.
In fact, since 1993, since this exception was created,
there have been no exemptions granted by HUD because the fire
standards that were proposed to be used in New York City
housing were not up to the standards of the Federal law. What
we have seen in recent years, unfortunately, is too many
instances, including one dramatic instance in January, where
sprinklers were not used and the fire standards that were
applied were simply not up to the standards.
What my amendment would do would be essentially to remove
that exception from New York City housing. It would have the
one beneficial effect of providing the same Federal standards
to New York City housing. And a second effect would be to make
it easier for builders and developers in New York City to
understand the rules of the road a littlebit more clearly. It
would allow the Federal standards to be applied uniformly.
I have been in contact with members of the New York City
delegation who are near, I think, complete support of this
amendment. In addition, I have also reached out to folks who do
building in the New York City area who recognize that this
would make their lives a lot easier by providing the
standardization of the rules.
Chairman Sensenbrenner. Will the gentleman yield?
Mr. Weiner. Thank you, Mr. Chairman, I yield back.
Chairman Sensenbrenner. We are happy to note New York City
wants to join the rest of the country in this respect.
The gentleman's time has expired.
Any further discussion of the Weiner amendment. Hearing
none, all those in favor signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it, and the
amendment is agreed to.
It is my understanding that amendment number nine by the
gentlewoman from Texas, Ms. Johnson, is not going to be
offered, but does the gentlewoman wish to strike the last word
at this time.
Ms. Eddie Bernice Johnson of Texas. Yes, Mr. Chairman.
Chairman Sensenbrenner. The gentlewoman is recognized for
five minutes.
Ms. Eddie Bernice Johnson of Texas. Thank you.
I offered this amendment--my initial effort was to offer a
more complete amendment, which was actually the Pascrell-Weldon
bill.
Chairman Sensenbrenner. Well, if the gentlewoman--is the
gentlewoman offering the amendment or not?
Ms. Eddie Bernice Johnson of Texas. I want to speak on the
amendment. I said my initial effort.
Chairman Sensenbrenner. Okay.
Ms. Eddie Bernice Johnson of Texas. But I still----
Chairman Sensenbrenner. Well then let's have the clerk
report the amendment and then you can withdraw it.
Ms. Eddie Bernice Johnson of Texas. I'll put the amendment
before us and I will withdraw it after I----
Chairman Sensenbrenner. Okay. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 1550, offered by Ms. Eddie
Bernice Johnson of Texas----
Chairman Sensenbrenner. Without objection, the amendment is
considered as read, and the gentlewoman from Texas is
recognized for five minutes now.
[The information follows:]
Amendment to H.R. 1550 Offered by Ms. Eddie Bernice Johnson of Texas
Page 7, after line 24, insert the following new section:
SEC. 8. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT.
The Federal Fire Prevention and Control Act of 1974 is amended by
adding at the end the following new section:
``SEC. 35. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT.
``(a) Grant Program.--
``(1) Authority.--In accordance with this section, the
Administrator may make grants on a competitive basis to fire
departments for the purpose of protecting the health and safety
of the public and firefighting personnel against fire and fire-
related hazards.
``(2) Establishment of office for administration of grants.--
Before making grants under paragraph (1), the Administrator
shall establish an office in the United States Fire
Administration to establish specific criteria for the selection
of grant recipients and to administer the grants.
``(3) Use of grant funds.--The Administrator may make a grant
under paragraph (1) only if the applicant for the grant agrees
to use grant funds for any of the following:
``(A) To hire additional firefighting personnel.
``(B) To train firefighting personnel in
firefighting, emergency response, arson prevention and
detection, or the handling of hazardous materials, or
to train such personnel to provide any of the training
described in this subparagraph.
``(C) To fund the creation of rapid intervention
teams to protect firefighting personnel at the scenes
of fires and other emergencies.
``(D) To certify fire inspectors.
``(E) To establish wellness and fitness programs for
firefighting personnel to ensure that such personnel
can carry out their duties.
``(F) To fund emergency medical services provided by
fire departments.
``(G) To acquire additional firefighting vehicles,
including fire trucks.
``(H) To acquire additional firefighting equipment,
including equipment for communications and monitoring.
``(I) To acquire personal protective equipment
required for firefighting personnel by the Occupational
Safety and Health Administration, and other personal
protective equipment for firefighting personnel.
``(J) To modify fire stations, fire training
facilities, and other facilities to protect the health
and safety of firefighting personnel.
``(K) To enforce fire codes.
``(L) To fund fire prevention programs.
``(M) To educate the public about arson prevention
and detection.
``(4) Matching requirement.--The Administrator may make a
grant under paragraph (1) only if the applicant for the grant
agrees to match with non-Federal funds 10 percent of the funds
received under paragraph (1) in any fiscal year.
``(5) Maintenance of expenditures.--The Administrator may
make a grant under paragraph (1) only if the applicant for the
grant agrees to maintain for the fiscal year in which the grant
will be received its aggregate expenditures for uses described
in paragraph (3) at or above the average level of such
expenditures in the 2 fiscal years preceding the fiscal year in
which the grant will be received.
``(6) Report to the administrator.--The Administrator may
make a grant under paragraph (1) only if the applicant for the
grant agrees to submit to the Administrator a report, including
a description of how grant funds were used, with respect to
each fiscal year for which a grant was received.
``(7) Variety of grant recipients.--The Administrator shall
ensure that grants under paragraph (1) for a fiscal year are
made to a variety of fire departments, including, to the extent
that there are eligible applicants--
``(A) paid, volunteer, and combination fire
departments;
``(B) fire departments located in communities of
varying size; and
``(C) fire departments located in urban, suburban,
and rural communities.
``(8) Limitation on firefighting vehicles.--The Administrator
shall ensure that not more than 25 percent of the assistance
made available under paragraph (1) in a fiscal year is used for
purposes authorized under paragraph (3)(G).
``(9) Limitation on administrative costs.--Of amounts made
available under subsection (b) for a fiscal year, the
Administrator may use not more than 10 percent for the
administrative costs of carrying out this section.
``(10) Application.--The Administrator may make a grant under
paragraph (1) only if the fire department seeking the grant
submits to the Administrator an application in such form and
containing such information as the Administrator may require.
``(11) Firefighting personnel defined.--In this section the
term `firefighting personnel' means individuals, including
volunteers, who are firefighters, officers of fire departments,
or emergency medical service personnel of fire departments.
``(b) Authorization of Appropriations.--For the purposes of carrying
out this section, there are authorized to be appropriated to the
Administrator $75,000,000 for fiscal year 2000 and $150,000,000 for
fiscal year 2001.''.
Ms. Eddie Bernice Johnson of Texas. Thank you, Mr.
Chairman. The amendment that I ultimately had drawn was the
grant amendment. And one of the reasons why I was wanting to
move forth more vigorously is because as we are considering
this bill, there are a number of incidences where life will
continue to be lost by firemen from the lack of equipment and
other support measures.
And for that reason, I wanted to address the situation. I
acknowledge that it is not nearly as complete as the bill. It
does not call for anywhere near the amount of money. But I
realize, too, that the authors preferred to wait until we can
consider the entire bill, have a hearing, and consider the
entire bill.
So for that reason, Mr. Chairman, after discussion with a
number of members, I will withdraw the amendment.
Chairman Sensenbrenner. The amendment is withdrawn. That
completes the----
Mr. Smith. Mr. Chairman? Mr. Chairman?
Chairman Sensenbrenner. What?
Mr. Smith. On this issue, I would move to strike the last
word.
Chairman Sensenbrenner. The gentleman is recognized for
five minutes.
Mr. Smith. I would compliment the efforts of Congressman
Pascrell as well as Congresswoman Johnson. And let me say that
as a member of the Budget Committee, I will vigorously work to
increase the budget limitations for the function areas that
would allow an expansion of our efforts in firefighting.
Currently, I am working with Senator Roth and Congressman
Curt Weldon and Congressman Pascrell, as well as our ranking
member of the Subcommittee, Eddie Bernice Johnson, to move
ahead with a bipartisan package that is going to enhance what
we are doing for firefighters in this country that have been
for a long time overlooked.
And I would yield to a leader in this effort, Mr. Curt
Weldon for a comment.
Mr. Weldon of Pennsylvania. I thank my friend and colleague
for yielding, and I, too, want to applaud the gentlelady both
for her concern and interest and for her leadership. I think it
is a wise decision to not offer this at this time until we can,
one, sort out what the correct response is and, two, talk to
the full Committee Chairman about what his feelings are on
these issues down the road.
The concern in the country is that we in the Congress have
put significant amounts of money into, say, law enforcement.
And I am a strong supporter of the police, having been a local
mayor. In fact, we put almost $5 billion a year into law
enforcement nationwide. We even buy half of the costs of vests
for every policy officer in the country with Federal money.
Last year, without any money in the budget, we came up with
a billion dollars for teachers--a billion dollars. The amount
of money we spend on the fire service is minuscule. And I am
not saying we should attempt to create a new Federal handout,
but if we are going to recognize teachers and police, there is
no other group in the country where the bulk of the leaders
volunteer their time who have 100 of those people killed each
year in volunteering on behalf of their country.
It is outrageous that this government spends so much more--
on law enforcement and on adding teachers--that wasn't in the
budget--and I a teacher, by the way, by profession--and yet we
totally ignore the 1.2 million men and women who risk their
lives everyday in all of our districts, and who do so with
basically having to have chicken dinners and tag days to buy
$500,000 pieces of equipment.
That is outrageous. And I think it is time that we have a
national debate, as we are so free and willing to give money to
other groups who have expensive lobbying interests in town,
that we looked at those people who truly are in need, who, in
fact, lose 100 of them each year.
So I applaud the Subcommittee Chairman. He is a real hero
to the fire service for what he is doing. I look forward to
working with him.
Chairman Sensenbrenner. Will the gentleman from Michigan
yield?
Mr. Weldon of Pennsylvania. I yield to the Chairman.
Chairman Sensenbrenner. I concur in the points that the
gentleman from Pennsylvania, who as a former fire chief, has
made. I don't think that this bill is the proper vehicle to
commence a National debate on this subject, however. And I
appreciate the gentlewoman, Ms. Johnson, not offering this
amendment.
Let me say that the U.S. Fire Administration has had some
significant problems, and it has required a Blue Ribbon Report
to figure out how to sort those problems out and to improve the
administration of the agency. And this bill will provide the
legislative vehicle for the FEMA director and the administrator
of the U.S. Fire Administration to be able to do so, together
with a pretty significant increase in authorization.
So I think we ought to do one thing at a time. You never
walk a mile without taking the first step. This bill is an
important first step, but the concerns expressed by the three
previous speakers I think ought to be the second step before we
get to the third.
Does the gentleman from Michigan yield back the balance of
his time?
Mr. Smith. I yield back the balance of my time.
Chairman Sensenbrenner. Okay. That concludes the number of
amendments on the roster. Are there any further amendments?
Hearing none, report language. And the gentlewoman from
Texas has two proposals for report language. The Chair
recognizes the gentlewoman from Texas for the first bit of
report language, which relates to firefighter protective
equipment.
Does the gentlewoman offer that?
Ms. Eddie Bernice Johnson of Texas. Yes.
Chairman Sensenbrenner. The clerk will report the report
language.
The Clerk. Report language offered by Representative----
Chairman Sensenbrenner. Without objection, the report
language is considered as read, and the Chair will note that
this report language and the second proposal of the gentlewoman
from Texas are in the packet on the members' desks. And the
gentlewoman is recognized for five minutes.
[The information follows:]
Report Language Offered by Representative Eddie Bernice Johnson
In 1984, 10.6% of firefighter injuries, over 6600 incidents, were
due to burns. In 1993, despite 10 years of advances in protective
clothing, 11.3% of firefighter injuries, nearly 6000 incidents, were
due to burns. A 1996 workshop organized by the National Institute of
Standards and Technology (NIST) explored the factors that lead to burn
injuries and identified research objectives related to the development
of effective protective clothing and equipment, to fire fighting
tactics, and to the training of fire service personnel.
Section 4 of the bill directs the Administrator to prepare a
research agenda and associated implementation plan. The findings of the
1996 NIST workshop and related materials should be reviewed as part of
the process of developing the research agenda. The Committee
understands that current understanding is incomplete regarding the
relationships among thermal environments, human response to thermal
exposures, and fire fighting tactics that result in burn injuries.
The Committee expects the research agenda to address, and place an
appropriate level of priority on, research needed (1) to support the
development of more effective firefighter protective equipment,
including sensor technologies that have promise for informing
firefighters of impending untenable conditions; (2) to identify best
practices in fire fighting tactics, and (3) to support the development
of appropriate training materials to improve the safety of
firefighters, including imparting knowledge of the limits of protective
clothing and equipment.
Ms. Eddie Bernice Johnson of Texas. Thank you, Mr.
Chairman.
The first relates to the provision in section 4 of the bill
that requires the Fire Administration to prepare a research
agenda and associated implementation plan. The report language
asks the agency to take into consideration the results of a
recent workshop at NIST that defines several research needs
regarding development of effective protective clothing and
equipment for firefighters as well as research required to
formulate firefighting tactics to reduce burn injuries.
And I move the adoption.
Chairman Sensenbrenner. The gentlewoman yields back the
balance of her time.
Further discussion on the report language proposal. Hearing
none, all those in favor of agreeing the report language will
signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it. And the
report language is agreed to.
Ms. Eddie Bernice Johnson of Texas. Thank you.
Chairman Sensenbrenner. The gentlewoman from Texas has
another proposal for report language on reducing fire injury
for vulnerable populations. For what purpose does the
gentlewoman from Texas seek recognition?
Ms. Eddie Bernice Johnson of Texas. Strike the last word,
Mr. Chairman.
Chairman Sensenbrenner. Do you have the report language at
the desk?
Ms. Eddie Bernice Johnson of Texas. Yes.
Chairman Sensenbrenner. The clerk will report the report
language.
The Clerk. Report language offered by Representative Eddie
Bernice Johnson----
Chairman Sensenbrenner. Without objection, the report
language is considered as read and the gentlewoman is
recognized for five minutes.
[The information follows:]
Report Language Offered by Representative Eddie Bernice Johnson
Data collected by the Fire Administration and other sources show
that certain groups are at greater risk from fire injury or death than
the general population. Children under five years of age perish in
fires at twice the national fire death rate. For Black children, home
fires are the leading cause of injury-related deaths for those between
the ages of one and nine. Likewise, for the elderly over seventy years
of age, the death rate from fire is one and one half times the national
average, rising to four times the national average by age eighty five.
The Hispanic community is at-risk due to fire-related injuries and
deaths.
Data on socioeconomic factors affecting fire-related injury are
less exact, but available information indicates that the poor suffer a
disproportionate share of deaths versus the rest of the population. For
example, smoking, which is inversely related to income level, accounts
for 26% of all fire deaths; and neighborhoods with high proportions of
low income households have higher fire incidence rates than middle or
high income neighborhoods.
The mission of the Fire Administration includes public education
about fire risk and research related to fire protection. The Committee
expects the Fire Administration, in carrying out the requirement of
sections 3 and 4 of the bill, to direct its efforts and resources
appropriately to address ways to combat the vulnerability of the
population groups that suffer disproportionately from fire injury.
The Committee expects the Fire Administration to provide in its
strategic plan for the development of public education programs
designed for these at-risk audiences. In order to develop effective
materials and approaches, the Fire Administration should consider any
actions needed to improve the current understanding of the factors that
lead to fire risk, including the adequacy of current data collection
activities. In establishing research priorities in accordance with
section 4 of the bill, the Committee expects the Fire Administration to
consider whether its research program should include studies of the
socioeconomic characteristics associated with increased fire risk. The
Committee believes that effective, targeted fire prevention campaigns
can be developed only from a sound knowledge base.
The Committee is concerned about recent media reports that have
detailed fire deaths in Texas and other states from the use of security
bars known as ``burglary bars'' on doors and windows in high crime
areas. These devices offer occupants protection from criminals.
However, in times of fire the bars have entrapped individuals inside
their residences and have prevented their evacuation and rescue. The
Committee requests that the Fire Administration study ways to prevent
fire injury and death from the use and the installation of security
bars and to report its findings to the Committee within 90 days
following the enactment of the bill.
Ms. Eddie Bernice Johnson of Texas. Thank you, Mr.
Chairman. The second area covered by the report language
encourages the Fire Administration to direct its efforts to
address ways to combat the vulnerability of the population
groups that suffer disproportionately from fire injury. The
agency would be expected to reflect this guidance in its public
education programs on fire risk.
The agency is also asked to assess whether research or
particular data collection activities would improve
understanding of the factors that lead to increased fire risk.
Finally, a report is requested on how, through alternative
installation procedures or other means, fire injuries may be
reduced for buildings with anti-burglary bars because in Texas,
Mr. Chairman, many of the deaths that occur from fire are
thought to be from people having burglary bars on their
windows.
I move the adoption of the language.
Chairman Sensenbrenner. The gentlewoman yields back the
balance of her time. Is there further discussion on this
proposal for report language?
Hearing none, all those in favor of agreeing to the report
language as proposed by the gentlewoman from Texas will signify
by saying aye.
Opposed, no.
Mr. Smith. Mr. Chairman?
Chairman Sensenbrenner. The Chair is putting the question.
All those opposed will say no.
The ayes appear to have it. The ayes have it. And the
report language is agreed to.
Further proposals for report language? For what purpose
does the gentleman from Michigan arise?
Mr. Smith. Mr. Chairman, with your permission and on behalf
of the ranking member, Eddie Bernice Johnson, and Curt Weldon,
I would like to move that the Chairman instruct staff to draft
report language on the review and implementation of the Blue
Ribbon committee report.
Chairman Sensenbrenner. Without objection, it is so
ordered.
Further suggestions on report language?
Hearing no further suggestions, it is now time to report
the bill favorably, and for that purpose the Chair recognizes
the gentlewoman from Texas.
Ms. Eddie Bernice Johnson of Texas. Thank you, Mr.
Chairman. I move that the Committee favorably report H.R. 1550
as amended to the House with the recommendation that the bill
as amended do pass. Further, I move that the staff be
instructed to prepare a legislative report and make necessary
technical and conforming amendments, and that the Chairman take
all necessary steps to bring the bill before the House for
consideration.
Thank you.
Chairman Sensenbrenner. The question is on reporting the
bill favorably. Is there any discussion on the motion?
Hearing none, the Chair notes the presence of a reporting
quorum. All those in favor will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it. And the
motion is agreed to, and the bill is favorably reported.
Without objection, the bill will be reported in the form of a
single amendment in the nature of a substitute reflecting the
amendments adopted today.
Without objection, pursuant to Clause 1 of Rule 22 of the
Rules of the House, the Committee authorizes the Chairman to
offer such motions as may be necessary in the House to go to
conference on the bill. Members will have two days to submit
additional supplementary or additional views on the measure.
Without objection, all of those things are so ordered.