[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.
____________________