[Congressional Record Volume 140, Number 47 (Tuesday, April 26, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 26, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
PROVIDING FOR CONCURRENCE WITH AMENDMENT TO H.R. 1727, ARSON PREVENTION 
                              ACT OF 1994

  Mr. BOUCHER. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 413) providing for the concurrence by the 
House, with an amendment, in the amendment by the Senate to the bill 
H.R. 1727.
  The Clerk read as follows:

                              H. Res. 413

       Resolved, That, upon adoption of this resolution, the bill 
     (H.R. 1727) to establish a program of grants to States for 
     arson research, prevention, and control, and for other 
     purposes, with the Senate amendment thereto, shall be 
     considered to have been taken from the Speaker's table, and 
     the same are hereby agreed to with an amendment as follows: 
     In lieu of the matter proposed to be inserted by the Senate, 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Arson Prevention Act of 
     1994''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) arson is a serious and costly problem, and is 
     responsible for approximately 25 percent of all fires in the 
     United States;
       (2) arson is a leading cause of fire deaths, accounting for 
     approximately 700 deaths annually in the United States, and 
     is the leading cause of property damage due to fire in the 
     United States;
       (3) estimates of arson property losses are in the range of 
     $2,000,000,000 annually, or approximately 1 of every 4 
     dollars lost to fire;
       (4) the incidence of arson in the United States is 
     seriously underreported, in part because of the lack of 
     adequate participation by local jurisdictions in the National 
     Fire Incident Reporting System (NFIRS) and the Uniform Crime 
     Reporting (UCR) program;
       (5) there is a need for expanded training programs for 
     arson investigators;
       (6) there is a need for improved programs designed to 
     enable volunteer firefighters to detect arson crimes and to 
     preserve evidence vital to the investigation and 
     prosecution of arson cases;
       (7) according to the National Fire Protection Association, 
     of all the suspicious and incendiary fires estimated to 
     occur, only \1/3\ are confirmed as arson; and
       (8) improved training of arson investigators will increase 
     the ability of fire departments to identify suspicious and 
     incendiary fires, and will result in increased and more 
     effective prosecution of arson offenses.

     SEC. 3. ARSON PREVENTION GRANTS.

       The Federal Fire Protection and Control Act of 1974 is 
     amended by inserting after section 24 (15 U.S.C. 2220) the 
     following new section:

     ``SEC. 25. ARSON PREVENTION GRANTS.

       ``(a) Definitions.--As used in this section:
       ``(1) Arson.--The term `arson' includes all incendiary and 
     suspicious fires.
       ``(2) Office.--The term `Office' means the Office of Fire 
     Prevention and Arson Control of the United States Fire 
     Administration.
       ``(b) Grants.--The Administrator, acting through the 
     Office, shall carry out a demonstration program under which 
     not more than 10 grant awards shall be made to States, or 
     consortia of States, for programs relating to arson research, 
     prevention, and control.
       ``(c) Goals.--In carrying out this section, the 
     Administrator shall award 2-year grants on a competitive, 
     merit basis to States, or consortia of States, for projects 
     that promote one or more of the following goals:
       ``(1) To improve the training by States leading to 
     professional certification of arson investigators, in 
     accordance with nationally recognized certification 
     standards.
       ``(2) To provide resources for the formation of arson task 
     forces or interagency organizational arrangements involving 
     the police and fire departments and other relevant local 
     agencies, such as a State arson bureau and the office of a 
     fire marshal of a State.
       ``(3) To combat fraud as a cause of arson and to advance 
     research at the State and local levels on the significance 
     and prevention of fraud as a motive for setting fires.
       ``(4) To provide for the management of arson squads, 
     including--
       ``(A) training courses for fire departments in arson case 
     management, including standardization of investigative 
     techniques and reporting methodology;
       ``(B) the preparation of arson unit management guides; and
       ``(C) the development and dissemination of new public 
     education materials relating to the arson problem.
       ``(5) To combat civil unrest as a cause of arson and to 
     advance research at the State and local levels on the 
     prevention and control of arson linked to urban disorders.
       ``(6) To combat juvenile arson, such as juvenile fire-
     setter counseling programs and similar intervention programs, 
     and to advance research at the State and local levels on the 
     prevention of juvenile arson.
       ``(7) To combat drug-related arson and to advance research 
     at the State and local levels on the causes and prevention of 
     drug-related arson.
       ``(8) To combat domestic violence as a cause of arson and 
     to advance research at the State and local levels on the 
     prevention of arson arising from domestic violence.
       ``(9) To combat arson in rural areas and to improve the 
     capability of firefighters to identify and prevent arson 
     initiated fires in rural areas and public forests.
       ``(10) To improve the capability of firefighters to 
     identify and combat arson through expanded training programs, 
     including--
       ``(A) training courses at the State fire academies; and
       ``(B) innovative courses developed with the Academy and 
     made available to volunteer firefighters through regional 
     delivery methods, including teleconferencing and satellite 
     delivered television programs.
       ``(d) Structuring of Applications.--The Administrator shall 
     assist grant applicants in structuring their applications so 
     as to ensure that at least one grant is awarded for each goal 
     described in subsection (c).
       ``(e) State Qualification Criteria.--In order to qualify 
     for a grant under this section, a State, or consortium of 
     States, shall provide assurances adequate to the 
     Administrator that the State or consortium--
       ``(1) will obtain at least 25 percent of the cost of 
     programs funded by the grant, in cash or in kind, from non-
     Federal sources;
       ``(2) will not as a result of receiving the grant decrease 
     the prior level of spending of funds of the State or 
     consortium from non-Federal sources for arson research, 
     prevention, and control programs;
       ``(3) will use no more than 10 percent of funds provided 
     under the grant for administrative costs of the programs; and
       ``(4) is making efforts to ensure that all local 
     jurisdictions will provide arson data to the National Fire 
     Incident Reporting System or the Uniform Crime Reporting 
     program.
       ``(f) Extension.--A grant awarded under this section may be 
     extended for one or more additional periods, at the 
     discretion of the Administrator, subject to the availability 
     of appropriations.
       ``(g) Technical Assistance.--The Administrator shall 
     provide technical assistance to States in carrying out 
     programs funded by grants under this section.
       ``(h) Consultation and Cooperation.--In carrying out this 
     section, the Administrator shall consult and cooperate with 
     other Federal agencies to enhance program effectiveness and 
     avoid duplication of effort, including the conduct of regular 
     meetings initiated by the Administrator with representatives 
     of other Federal agencies concerned with arson and concerned 
     with efforts to develop a more comprehensive profile of the 
     magnitude of the national arson problem.
       ``(i) Assessment.--Not later than 18 months after the date 
     of enactment of this subsection, the Administrator shall 
     submit a report to Congress that--
       ``(1) identifies grants made under this section;
       ``(2) specifies the identity of grantees;
       ``(3) states the goals of each grant; and
       ``(4) contains a preliminary assessment of the 
     effectiveness of the grant program under this section.
       ``(j) Regulations.--Not later than 90 days after the date 
     of enactment of this subsection, the Administrator shall 
     issue regulations to implement this section, including 
     procedures for grant applications.
       ``(k) Administration.--The Administrator shall directly 
     administer the grant program required by this section, and 
     shall not enter into any contract under which the grant 
     program or any portion of the program will be administered by 
     another party.
       ``(l) Purchase of American Made Equipment and Products.--
       ``(1) Sense of congress.--It is the sense of Congress that 
     any recipient of a grant under this section should purchase, 
     when available and cost-effective, American made equipment 
     and products when expending grant monies.
       ``(2) Notice to recipients of assistance.--In allocating 
     grants under this section, the Administrator shall provide to 
     each recipient a notice describing the statement made in 
     paragraph (1) by the Congress.''.

     SEC. 4. VOLUNTEER FIREFIGHTER TRAINING.

       Section 24(a)(2) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2220(a)(2)) is amended by inserting 
     before the semicolon the following: ``, with particular 
     emphasis on the needs of volunteer firefighters for improved 
     and more widely available arson training courses''.

     SEC. 5. CPR TRAINING.

       The Federal Fire Prevention and Control Act of 1974 is 
     amended by adding at the end the following new section:

     SEC. 32. CPR TRAINING.

       ``No funds shall be made available to a State or local 
     government under section 25 unless such government has a 
     policy to actively promote the training of its firefighters 
     in cardiopulmonary resuscitation.''.

     SEC. 6 FEDERAL EMPLOYEE HOUSING EXCEPTIONS.

       Section 31(c)(1) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2227(c)(1)) is amended--
       (1) in subparagraph (A), by striking ``No Federal'' and 
     inserting in lieu thereof ``Except as otherwise provided in 
     this paragraph, no Federal''; and
       (2) by adding at the end the following new subparagraphs:
       ``(C) Housing covered by this paragraph that does not have 
     an adequate and reliable electrical system shall not be 
     subject to the requirement under subparagraph (A) for 
     protection by hard-wired smoke detectors, but shall be 
     protected by battery operated smoke detectors.
       ``(D) If funding has been programmed or designated for the 
     demolition of housing covered by this paragraph, such housing 
     shall not be subject to the fire protection requirements of 
     subparagraph (A), but shall be protected by battery operated 
     smoke detectors.''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Section 17 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2216) is amended by adding at the end the 
     following new subsection:
       ``(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.''.

     SEC. 8. SUNSET.

       Notwithstanding any other provision of this Act, no funds 
     are authorized to be appropriated for any fiscal year after 
     fiscal year 1996 for carrying out the programs for which 
     funds are authorized by this Act, or the amendments made by 
     this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia [Mr. Boucher] will be recognized for 20 minutes, and the 
gentleman from New York [Mr. Boehlert] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from Virginia [Mr. Boucher].
  (Mr. BOUCHER asked and was given permission to revise and extend his 
remarks.)
  Mr. BOUCHER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, House Resolution 413 contains an amendment to the Senate 
amendment to H.R. 1727 which amends the Federal Fire Prevention and 
Control Act of 1974 to establish a program of demonstration grants to 
strengthen State arson investigator training courses, and to provide 
new resources in the fight against this very serious criminal justice, 
and fire protection problem. The bill also authorizes the development 
of an advanced course on arson prevention and investigation at the 
National Fire Academy; the Federal Law Enforcement Training Center; and 
the FBI Training Academy.
  Arson remains a deadly crime. It is a leading cause of fire-related 
deaths, accounting for approximately 700 deaths annually in the United 
States. Each year, there are more than 500,000 incendiary or suspicious 
fires, causing estimated property losses in the range of $2 billion. 
Despite the devastating human and economic costs of arson, it remains 
one of the most difficult crimes to solve or prosecute successfully. 
The National Fire Protection Association estimates that only about 2 
percent of arson fires lead to convictions. There is a need for 
standardization of investigative techniques and reporting methodology 
to facilitate a more accurate representation of the true scope of the 
arson problem. Firefighters require better training in recognizing and 
preserving the evidence of arson. Rural and volunteer firefighters have 
a particular need for improved access to this instruction.
  The Arson Prevention Act of 1994 was developed in response to 
requests from the fire services community nationally to provide Federal 
support to help stem the growing arson problem. The House passed H.R. 
1727 by voice vote on July 26, 1993. The other body passed H.R. 1727 
with an amendment in the nature of a substitute on November 22, 1993.
  The measure before the House today makes only minor changes to the 
amendment in the nature of a substitute that was approved by the other 
body last November. First, we have retained a provision that was 
offered by the gentleman from Pennsylvania [Mr. Walker], in the full 
Science, Space, and Technology Committee markup. That provision 
requires States to have a policy of actively promoting training in 
cardiopulmonary resuscitation [CPR] for its firefighters as a condition 
of receiving a grant under the act. Second, we have retained a sunset 
provision for the program which runs concurrently with the 2-year 
authorization. Third, we have changed the authorization years under the 
bill from fiscal years 1994 and 1995 to fiscal years 1995 and 1996. And 
finally, we have corrected an oversight in the provisions of the 
Federal Fire Administration Authorization Act of 1992--Public Law 102-
522--mandating hard-wired smoke detectors in facilities housing Federal 
employees. The narrow amendment covers those rare situations in which a 
reliable source of electricity is not available and allows the 
Government to employ battery operated smoke detectors in such 
situations. We have discussed these changes with Members of the other 
body and are assured that the bill will be taken up and passed 
promptly.
  I would like to say a word of thanks to the gentleman from New York 
[Mr. Boehlert], the ranking Republican member of our Subcommittee on 
Science. Mr. Boehlert is a recognized leader in many congressional 
efforts to provide better fire protection and he has been of 
outstanding help in both the drafting and passage of this measure.
  I also want to acknowledge the contributions to this measure of the 
ranking Republican member of the full Committee on Science, Space, and 
Technology, the gentleman from Pennsylvania, Mr. Walker, our full 
committee chairman, Mr. Brown of California, and the leaders of the 
Congressional Fire Services Institute, Mr. Hoyer of Maryland, and Mr. 
Weldon of Pennsylvania.
  Mr. Speaker, this is a carefully drawn response to a growing criminal 
justice and fire protection problem and I am pleased to urge its 
passage.

                              {time}  1350

  Mr. Speaker, I reserve the balance of my time.
  Mr. BOEHLERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this bill, which I 
cosponsored with the chairman. Arson is a serious threat to lives and 
property, and it is one of the most difficult crimes to investigate and 
prosecute. We will only begin to make a dent in the arson problem if we 
focus more attention on it.
  The U.S. Fire Administration was established to handle precisely this 
sort of problem--combatting a nationwide danger that states and 
localities have been unable to confront alone. The grants and enhanced 
training that the Fire Administration will provide under this bill 
should be an important step in addressing the arson problem.
  When the committee considers the overall authorization for the Fire 
Administration, we will have to decide whether these grants will be 
paid for with new money or will come out of the President's request. 
Mr. Walker, the ranking member of the Science Committee, who has been a 
strong supporter of this arson bill, will be pressing to pay for these 
grants out of existing funds, and we must address that issue by taking 
a hard look at Fire Administration programs in the authorization bill.
  I want to thank Chairman Boucher for working with me to clear up some 
technical problems in the Federal Fire Safety Act, which we worked on 
in the last Congress. The new provisions will make clear that the 
requirements for sprinklers and hard-wired smoke detectors do not apply 
to properties that do not have access to water or electricity. This 
primarily involves backwoods properties under the control of the 
Department of Interior. The properties still must have battery-powered 
smoke detectors.
  I am pleased that the agencies are taking the act seriously enough to 
bring this technical problem to our attention. We look forward to the 
smooth implementation and rigorous enforcement of the act.
  I urge my colleagues to support this bill.
  Mr. BROWN of California. I rise in strong support of H.R. 1727, the 
Arson Prevention Act of 1994.
  This bill represents a serious and thoughtful attempt by the 
Committee on Science, Space, and Technology to reduce the incidence of 
arson in the United States.
  The bill authorizes grants for demonstration programs at the State 
level to improve the training of arson investigators, to form regional 
arson task forces, to perform research on the causes of arson, and to 
combat specific causes of arson--such as gang related activity.
  No area of the United States is immune from the threat of arson. In 
my district alone, San Bernadino County fire officials reported more 
than 100 arson related fires last year, and nationally the figure 
approaches 500,000. Property losses are in the billions.
  I commend the distinguished Chairman of the Subcommittee on Science, 
Mr. Boucher, for his work on this legislation. I also commend Mr. 
Boehlert of New York and Mr. Walker of Pennsylvania for their 
contributions. This bill has widespread bipartisan support, and I am 
pleased to recommend this bill to the House.
  Mr. HOYER. Mr. Speaker, as the chairman of the Congressional Fire 
Services Caucus, it gives me great pleasure to rise in strong support 
of H.R. 1727, the Arson Prevention Act, and its Senate amendments. This 
has been a top priority of the fire caucus in the 103d Congress, and I 
am pleased that this measure is now moving forward.
  Arson continues to be one of the most destructive problems in our 
country today. In fact, as a percentage of all fires, arson has been 
increasing during the last 4 to 5 years.
  That's a frightening trend when you consider that 1 out of every 12 
civilian fire deaths is due to arson, and nearly one out of every four 
fire service deaths results from arson fires.
  While arson fire will never be a completely preventable crime, H.R. 
1727 takes a giant step toward reorientating how local, State, and 
Federal agencies approach this problem. It includes over $10 million in 
grant money designed to improve arson detection, investigation, and 
prevention.
  The terrible arson fires in southern California last year symbolized 
the blight these fires create. There is no better testament to the need 
of this bill, than the thousands of Californians whose lives have been 
irrevocably changed by this crime.
  Today, we can take action to help our local communities fight arson. 
I urge all of my colleagues to support the Senate amendments to H.R. 
1727.
  Mr. BOEHLERT. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BOUCHER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Montgomery). The question is on the 
motion offered by the gentleman from Virginia [Mr. Boucher] that the 
House suspend the rules and agree to the resolution, House Resolution 
413.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution was agreed to.
  A motion to reconsider was laid on the table.

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