[Congressional Record Volume 168, Number 189 (Tuesday, December 6, 2022)]
[Senate]
[Page S7003]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              EMPOWERING THE U.S. FIRE ADMINISTRATION ACT

  Ms. HASSAN. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 546, H.R. 7077.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 7077) to require the United States Fire 
     Administration to conduct on-site investigations of major 
     fires, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Ms. HASSAN. I ask unanimous consent that the Peters substitute 
amendment, which is at the desk, be considered and agreed to; the bill, 
as amended, be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 6505), in the nature of a substitute was agreed 
to, as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Empowering the U.S. Fire 
     Administration Act''.

     SEC. 2. FIRE SAFETY INVESTIGATIONS.

       The Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2201 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 38. INVESTIGATION AUTHORITIES.

       ``(a) In General.--In the case of a major fire, the 
     Administrator may send incident investigators, which may 
     include safety specialists, fire protection engineers, codes 
     and standards experts, researchers, and fire training 
     specialists, to the site of the fire to conduct a fire safety 
     investigation as described in subsection (b).
       ``(b) Investigation Required.--A fire safety investigation 
     conducted under this section--
       ``(1) shall be conducted in coordination and cooperation 
     with appropriate Federal, State, local, Tribal, and 
     territorial authorities, including Federal agencies that are 
     authorized to investigate any fire; and
       ``(2) shall examine the previously determined cause and 
     origin of the fire and assess broader systematic matters to 
     include use of codes and standards, demographics, structural 
     characteristics, smoke and fire dynamics (movement) during 
     the event, and costs of associated injuries and deaths.
       ``(c) Report.--
       ``(1) In general.--Subject to paragraph (2), upon 
     concluding any fire safety investigation under this section, 
     the Administrator shall--
       ``(A) issue a public report to the appropriate Federal, 
     State, local, Tribal, and territorial authorities on the 
     findings of such investigation; or
       ``(B) collaborate with another investigating Federal, 
     State, local, Tribal, or territorial agency on the report of 
     that agency.
       ``(2) Exception.--If the Administrator, in consultation 
     with appropriate Federal, State, local, Tribal, and 
     territorial authorities determines that issuing a report 
     under paragraph (1) would have a negative impact on a 
     potential or ongoing criminal investigation, the 
     Administrator is not required to issue such report.
       ``(3) Contents.--Each public report issued under paragraph 
     (1) shall include recommendations on--
       ``(A) any other buildings with similar characteristics that 
     may bear similar fire risks;
       ``(B) improving tactical response to similar fires;
       ``(C) improving civilian safety practices;
       ``(D) assessing the costs and benefits to the community of 
     adding fire safety features; and
       ``(E) how to mitigate the causes of the fire.
       ``(d) Discretionary Authority.--In addition to a fire 
     safety investigation conducted pursuant to subsection (a), 
     provided doing so would not have a negative impact on a 
     potential or ongoing criminal investigation, the 
     Administrator may send fire investigators to conduct a fire 
     safety investigation at the site of any fire with unusual or 
     remarkable context that results in losses less severe than 
     those occurring as a result of a major fire, in coordination 
     and cooperation with the appropriate Federal, State, local, 
     Tribal, and territorial authorities, including Federal 
     agencies that are authorized to investigate the fire.
       ``(e) Construction.--Nothing in this section shall be 
     construed to--
       ``(1) affect or otherwise diminish the authorities or the 
     mandates vested in other Federal agencies;
       ``(2) grant the Administrator authority to investigate a 
     major fire for the purpose of an enforcement action or 
     criminal prosecution; or
       ``(3) require the Administrator to send investigators or 
     issue a report for a major fire when the Administrator, in 
     coordination and cooperation with the appropriate Federal, 
     State, local, Tribal, and territorial authorities, determine 
     that it may compromise a potential or ongoing criminal 
     investigation.
       ``(f) Major Fire Defined.--For purposes of this section, 
     the term `major fire' shall have the meaning given such term 
     under regulations to be issued by the Administrator.''.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 7077), as amended, was passed.

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