[Congressional Record Volume 140, Number 54 (Friday, May 6, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      ARSON PREVENTION ACT OF 1994

  Mr. BAUCUS. Mr. President, I ask that the Chair lay before the Senate 
a message from the House of Representatives on a bill (H.R. 1727) to 
establish a program of grants to States for arson research, prevention, 
and control, and for other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the House agree to the amendment of the 
     Senate to the bill (H.R. 1727) entitled ``An Act to establish 
     a program of grants to States for arson research, prevention, 
     and control, and for other purposes'', with the following 
     amendment:
       In lieu of the matter inserted by said amendment, insert:

     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 Prevention 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 
     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.

  Mr. BRYAN. Mr. President, I rise today to urge my colleagues to 
support H.R. 1727, the Arson Prevention Act of 1994.
  This legislation establishes a grant program to assist States in 
their efforts to combat arson. According to the U.S. Fire 
Administration, arson is the number one cause of fire deaths in the 
United States. Testimony by fire safety and law enforcement officials 
indicate that more research and study are needed to identify the causes 
of arson and for the development of more effective arson prevention 
programs.
  H.R. 1727 was initially passed by the House on July 26 of last year. 
Senator Gorton and I introduced a similar bill, S. 798, in the Senate 
on April 20, 1993. S. 798 was considered by the full Senate on November 
22 of last year, and incorporated into H.R. 1727 as an amendment on 
final reading. H.R. 1727, as amended, was unanimously passed by the 
Senate.
  The legislation was reconsidered by the House on April 26 of this 
year, and passed with additional amendments. Senator Gorton and I have 
agreed to concur in the House amendments and are seeking the unanimous 
support of our colleagues.
  Mr. GORTON. Mr. President, I am pleased to support H.R. 1727, the 
Arson Prevention Act of 1994, which is now before the Senate. I joined 
Senator Bryan in introducing S. 798, the Senate version of this 
important legislation. I wish to commend Senator Bryan, who chairs the 
Commerce Committee's Consumer Subsubcommittee, for his leadership on 
fire safety issues. He has been a tireless champion of these issues, 
and it is my privilege to serve as the ranking Republican on the 
subcommittee which has been very aggressive in advancing legislation to 
enhance the safety of American consumers.
  Arson is a major problem in this country. According to the U.S. Fire 
Administration [USFA], arson results in 700 deaths and $2 billion in 
property damage annually. It is the leading cause of fire-related 
deaths, and it is responsible for 25 percent of all property damage due 
to fire. Recent press reports indicate that arson is strongly suspected 
in the devastating wild fires that killed three and destroyed hundreds 
of homes last year in southern California. In Washington, only 2 years 
ago, we felt the terror of an arsonist in our midst in north King and 
south Snohomish County. Those fires focused my attention on the need 
for expanded arson investigator training and for the development of 
arson fire tracking systems.
  H.R. 1727 authorizes $4 million in grants to be awarded to States for 
arson-related research. This research will focus on a variety of causes 
of arson and how they can be minimized. In addition, the bill provides 
$2 million for USFA to conduct training programs for arson 
investigators to improve recognition of arson fires and to assist in 
identifying individuals who commit these deadly crimes.
  Mr. President, crime is the leading issue facing the Nation. This 
legislation, which is supported by every fire safety organization, is 
an important part of the effort to address crime. It will save lives 
and prevent countless serious injuries. I urge my colleagues to support 
this legislation.
  Mr. BAUCUS. Mr. President, I move that the Senate concur in the 
amendment of the House.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.
  Mr. BAUCUS. Mr. President, I move to reconsider the vote by which the 
motion was agreed to.
  Mr. CHAFEE. Mr. President, I move to table that motion to reconsider.
  The motion to lay on the table was agreed to.

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