[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3464 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3464

            To provide comprehensive measures against arson.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 1993

Mr. Dreier introduced the following bill; which was referred jointly to 
            the Committees on the Judiciary and Agriculture

_______________________________________________________________________

                                 A BILL


 
            To provide comprehensive measures against arson.

    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 ``Comprehensive Arson Deterrence and 
Fire Containment Act of 1993''.

SEC. 2. MODULAR AIRBORNE FIRE FIGHTING SYSTEM.

    There are authorized to be appropriated $15,000,000 for the 
modernization or replacement of the Modular Airborne Fire Fighting 
System used by the United States Forest Service.

SEC. 3. IMPROVEMENT OF FIRE FIGHTING RESPONSE TIME.

    The Forest Service in the Department of Agriculture, in 
consultation with local fire chiefs, and other fire and arson experts, 
shall prepare of study of additional means of improving airborne fire 
fighting response time, including whether there are any legal 
impediments that (such as private contracting requirements) which 
materially delay fire fighting response reaction time. The Forest 
Service shall report the results of such study to Congress not later 
than one year after the date of the enactment of this Act.

SEC. 4. INCREASED CRIMINAL PENALTIES FOR ARSONISTS.

    (a) Malicious Use of Fire or Explosive.--
            (1) Federal property.--Subsection (f) of section 844 of 
        title 18, United States Code, is amended--
                    (A) by inserting ``(1)'' after ``(f)''; and
                    (B) by striking ``shall be imprisoned for not more 
                than ten years'' and all that follows through the end 
                of the subsection and inserting the following:
``shall, except as provided in paragraph (2) of this subsection, be 
fined under this title or imprisoned not more than 10 years, or both.
    ``(2) If a circumstance exists that is listed below, the punishment 
for an offense under this subsection shall be as follows:
            ``(A) If the damage caused by the offense exceeds 
        $1,000,000, the offender shall be subject to a fine under this 
        title and imprisoned for not less than 5 nor more than 20 
        years.
            ``(B) If the life of any person (other than the offender) 
        is placed in jeopardy as a result of the offense, or the damage 
        caused by the offense exceeds $10,000,000, the offender shall 
        be subject to a fine under this title and imprisoned for not 
        less than 8 nor more than 30 years.
            ``(C) If personal injury results to any person (other than 
        the offender) or the damage caused by the offense exceeds 
        $25,000,000, the offender shall be subject to a fine under this 
        title and imprisoned for not less than 10 nor more than 40 
        years.
            ``(D) If the death of any person results the offender 
        shall--
                    ``(i) be subject to a fine under this title and 
                imprisoned for any term of years greater than 25 (or 
                imprisonment for life); and
                    ``(ii) also be subject to the death penalty as 
                provided in section 34 of this title.''.
            (2) Interstate commerce.--Subsection (i) of section 844 of 
        title 18, United States Code, is amended--
                    (A) by inserting ``(1)'' after ``(i)''; and
                    (B) by striking ``shall be imprisoned for not more 
                than ten years'' and all that follows through the end 
                of the subsection and inserting the following:
``shall, except as provided in paragraph (2) of this subsection, be 
fined under this title or imprisoned not more than 10 years, or both.
    ``(2) If a circumstance exists that is listed below, the punishment 
for an offense under this subsection shall be as follows:
            ``(A) If the damage caused by the offense exceeds 
        $1,000,000, the offender shall be subject to a fine under this 
        title and imprisoned for not less than 5 nor more than 20 
        years.
            ``(B) If the life of any person (other than the offender) 
        is placed in jeopardy as a result of the offense, or the damage 
        caused by the offense exceeds $10,000,000, the offender shall 
        be subject to a fine under this title and imprisoned for not 
        less than 8 nor more than 30 years.
            ``(C) If personal injury results to any person (other than 
        the offender) or the damage caused by the offense exceeds 
        $25,000,000, the offender shall be subject to a fine under this 
        title and imprisoned for not less than 10 nor more than 40 
        years.
            ``(D) If the death of any person results the offender 
        shall--
                    ``(i) be subject to a fine under this title and 
                imprisoned for any term of years greater than 25 (or 
                imprisonment for life); and
                    ``(ii) also be subject to the death penalty as 
                provided in section 34 of this title.''.
    (b) Reckless or Negligent Use of Fire or Explosive.--Section 844 of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(k)(1) Whoever recklessly engages in conduct that would be 
prohibited by subsection (f) or (i) of this section if such conduct 
were engaged in maliciously, and as a result a dwelling (other than 
that of the offender) is destroyed or a person (other than the 
offender) is injured, shall be fined under this title or imprisoned not 
more than one year, or both. If the court does not sentence a person 
convicted under this section to imprisonment, the court shall as a 
minimum sentence such person to probation with a condition that such 
person perform not less than 400 nor more than 2000 hours of community 
service. In any juvenile proceeding, a juvenile who has been 
adjudicated a juvenile delinquent for conduct which if committed by an 
adult would be a violation of this subsection shall be required to 
spend at least one week in an residential institution for the 
confinement of juvenile delinquents and to perform not less than 400 
nor more than 2000 hours of community service.
    ``(2) Whoever negligently engages in conduct that would be 
prohibited by subsection (f) or (i) of this section if such conduct 
were engaged in maliciously shall be fined under this title or 
imprisoned not more than one month, or both. If the court does not 
sentence a person convicted under this section to imprisonment, the 
court shall as a minimum sentence such person to probation with a 
condition that such person perform not less than 100 nor more than 1000 
hours of community service. In any juvenile proceeding, a juvenile who 
has been adjudicated a juvenile delinquent for conduct which if 
committed by an adult would be a violation of this subsection shall be 
required to spend at least two days in an residential institution for 
the confinement of juvenile delinquents and to perform not less than 
100 nor more than 1000 hours of community service.''.

SEC. 5. ELIMINATION OF FIRE HAZARDS.

    The Forest Service in the Department of Agriculture, in 
consultation with local fire chiefs, and other fire and arson experts, 
shall prepare a study of whether there are any Federal legal 
impediments that prevent homeowners, local governments, and other 
interested parties from clearing highly flammable fire hazards, 
including brush weeds that may provide fuel for dangerous fires. The 
Forest Service shall report the results of such study to Congress not 
later than one year after the date of the enactment of this Act.

SEC. 6. DEFENSE CONVERSION FOR STRENGTHENING PRIVATE FIRE FIGHTING 
              CAPABILITIES.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Defense, in consultation with the Federal 
Aviation Administration, shall report to Congress on--
            (1) how more use could be made of excess military cargo, 
        other planes available to the Forest Service, and private fire 
        fighting contractors; and
            (2) how to reform Federal aviation regulations to allow 
        full effective use of such planes for fire fighting purposes.

SEC. 7. INSURING FIRE FIGHTING WATER SUPPLY AND BACKUP POWER.

    The Forest Service in the Department of Agriculture, in 
consultation with local fire chiefs, and other fire and arson experts, 
shall prepare a study of the potential feasibility of building 
additional roads and backup power supplies for assuring water pressure 
and water availability in national forest areas to increase fire 
fighting effectiveness. The Forest Service shall report the results of 
such study to Congress not later than one year after the date of the 
enactment of this Act.

SEC. 8. REVENUE OFFSET.

    Notwithstanding any other provision of law, the Secretary of 
Agriculture shall reduce by 5 percent the below-cost direct loans of 
the Farmers Home Administration for each of fiscal years 1994 through 
1998.

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