[Congressional Record (Bound Edition), Volume 149 (2003), Part 22]
[Senate]
[Pages 29962-29965]
[From the U.S. Government Publishing Office, www.gpo.gov]




     UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION ACT OF 2003

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 250, S. 1152.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1152) to reauthorize the United States Fire 
     Administration, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which has been reported from the Committee on Commerce, Science, and 
Transportation, with amendments, as follows:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                S. 1152

       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 ``United States Fire 
     Administration Reauthorization Act of 2003''.

     [SEC. 2. RE-ESTABLISHMENT OF POSITION OF UNITED STATES FIRE 
                   ADMINISTRATOR.

       [Section 1513 of the Homeland Security Act of 2002 does not 
     apply to the position or office of Administrator of the 
     United States Fire Administration, who shall continue to be 
     appointed and compensated as provided by section 5(b) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2204(b)) after the functions vested by law in the Federal 
     Emergency Management Agency have been transferred to the 
     Directorate of Emergency Preparedness and Response in 
     accordance with section 503 of the Homeland Security Act of 
     2002.

     [SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       [Section 17(g)(1) of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended to read 
     as follows: ``(1) Except as otherwise specifically provided 
     with respect to the payment of claims under section 11 of 
     this Act, there are authorized to be appropriated to carry 
     out the purposes of this Act--
       [``(A) $52,000,000 for fiscal year 2004;
       [``(B) $53,560,000 for fiscal year 2005; and
       [``(C) $55,166,800 for fiscal year 2006.''.]

       TITLE I--UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``United States Fire 
     Administration Reauthorization Act of 2003''.

     SEC. 102. RE-ESTABLISHMENT OF POSITION OF UNITED STATES FIRE 
                   ADMINISTRATOR.

       Section 1513 of the Homeland Security Act of 2002 does not 
     apply to the position or office of Administrator of the 
     United States Fire Administration, who shall continue to be 
     appointed and compensated as provided by section 5(b) of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2204(b)) after the functions vested by law in the Federal 
     Emergency Management Agency have been transferred to the 
     Directorate of Emergency Preparedness and Response in 
     accordance with section 503 of the Homeland Security Act of 
     2002.

     SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

       Section 17(g) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2216(g)) is amended--
       (1) by striking subparagraphs (A) through (K) of paragraph 
     (1) and inserting the following:
       ``(A) $63,200,000 for fiscal year 2004, of which $2,200,000 
     shall be used to carry out section 8(e);
       ``(B) $65,096,000 for fiscal year 2005, of which $2,266,000 
     shall be used to carry out section 8(e);

[[Page 29963]]

       ``(C) $67,049,000 for fiscal year 2006, of which $2,334,000 
     shall be used to carry out section 8(e);
       ``(D) $69,060,000 for fiscal year 2007, of which $2,404,000 
     shall be used to carry out section 8(e); and
       ``(E) $71,132,000 for fiscal year 2008, of which $2,476,000 
     shall be used to carry out section 8(e).''; and
       (2) by adding at the end the following:
       ``(3) Of the funds authorized by paragraph (1) for fiscal 
     years 2004 through 2006, $3,000,000 annually shall be made 
     available for grants for fire fighting equipment necessary to 
     fight fires using foam in remote areas without access to 
     water.''

            TITLE II--FIREFIGHTING RESEARCH AND COORDINATION

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``Firefighting Research and 
     Coordination Act''.

     SEC. 202. NEW FIREFIGHTING TECHNOLOGY.

       In General.--Section 8 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2207) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (9) of subsection (a);
       (2) by striking ``section.'' in paragraph (9) of subsection 
     (a) and inserting ``section;'';
       (3) by adding at the end of subsection (a) the following:
       ``(9) methods of containing insect infested forest fires 
     and limiting disbursal of resultant fine particle smoke; and
       ``(10) methods of measuring and tracking the disbursal of 
     fine particle smoke resulting from fires of insect infested 
     fuel.'';
       (4) by redesignating subsection (e) as subsection (f); and
       (5) by inserting after subsection (d) the following:
       ``(e) Development of New Technology.--
       ``(1) In general.--In addition to, or as part of, the 
     program conducted under subsection (a), the Administrator, in 
     consultation with the National Institute of Standards and 
     Technology, the Inter-Agency Board for Equipment 
     Standardization and Inter-Operability, the National Institute 
     for Occupational Safety and Health, the Directorate of 
     Science and Technology of the Department of Homeland 
     Security, national voluntary consensus standards development 
     organizations, interested Federal, State, and local agencies, 
     and other interested parties, shall--
       ``(A) develop new, and utilize existing, measurement 
     techniques and testing methodologies for evaluating new 
     firefighting technologies, including--
       ``(i) personal protection equipment;
       ``(ii) devices for advance warning of extreme hazard;
       ``(iii) equipment for enhanced vision;
       ``(iv) devices to locate victims, firefighters, and other 
     rescue personnel in above-ground and below-ground structures;
       ``(v) equipment and methods to provide information for 
     incident command, including the monitoring and reporting of 
     individual personnel welfare;
       ``(vi) equipment and methods for training, especially for 
     virtual reality training; and
       ``(vii) robotics and other remote-controlled devices;
       ``(B) evaluate the compatibility of new equipment and 
     technology with existing firefighting technology; and
       ``(C) support the development of new voluntary consensus 
     standards through national voluntary consensus standards 
     organizations for new firefighting technologies based on 
     techniques and methodologies described in subparagraph (A).
       ``(2) New equipment must meet standards.--For equipment for 
     which applicable voluntary consensus standards have been 
     established, the Administrator shall, by regulation, require 
     that equipment or systems purchased through the assistance 
     program established by section 33 meet or exceed applicable 
     voluntary consensus standards.''.

     SEC. 203. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY.

       (a) In General.--Section 10 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2209) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Mutual Aid Systems.--
       ``(1) In general.--The Administrator, after consultation 
     with the Under Secretary for Emergency Preparedness and 
     Response, shall provide technical assistance and training to 
     State and local fire service officials to establish 
     nationwide and State mutual aid systems for dealing with 
     national emergencies that--
       ``(A) include threat assessment and equipment deployment 
     strategies;
       ``(B) include means of collecting asset and resource 
     information to provide accurate and timely data for regional 
     deployment; and
       ``(C) are consistent with the Federal Response Plan.
       ``(2) Model mutual aid plans.--The Administrator, in 
     consultation with the Under Secretary for Emergency 
     Preparedness and Response, shall develop and make available 
     to State and local fire service officials model mutual aid 
     plans for both intrastate and interstate assistance.''.
       (b) Report on Strategic Needs.--Within 90 days after the 
     date of enactment of this Act, the Administrator of the 
     United States Fire Administration shall report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Science on the need for 
     a strategy concerning deployment of volunteers and emergency 
     response personnel (as defined in section 6 of the 
     Firefighters' Safety Study Act (15 U.S.C. 2223e), including a 
     national credentialing system, in the event of a national 
     emergency.
       (c) Update of Federal Response Plan.--Within 180 days after 
     the date of enactment of this Act, the Under Secretary of 
     Emergency Preparedness and Response shall--
       (1) revise the Federal Response Plan to incorporate plans 
     for responding to terrorist attacks, particularly in urban 
     areas, including fire detection and suppression and related 
     emergency services; and
       (2) transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Science describing the action taken to comply 
     with paragraph (1).

     SEC. 204. TRAINING.

       (a) In General.--Section 8(d)(1) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) is 
     amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (E);
       (2) by redesignating subparagraph (F) as subparagraph (N); 
     and
       (3) by inserting after subparagraph (E) the following:
       ``(F) strategies for building collapse rescue;
       ``(G) the use of technology in response to fires, including 
     terrorist incidents and other national emergencies;
       ``(H) response, tactics, and strategies for dealing with 
     terrorist-caused national catastrophes;
       ``(I) use of and familiarity with the Federal Response 
     Plan;
       ``(J) leadership and strategic skills, including integrated 
     management systems operations and integrated response;
       ``(K) applying new technology and developing strategies and 
     tactics for fighting forest fires;
       ``(L) integrating terrorism response agencies into the 
     national terrorism incident response system;
       ``(M) response tactics and strategies for fighting fires at 
     United States ports, including fires on the water and aboard 
     vessels; and''.
       (b) Consultation on Fire Academy Classes.--The 
     Superintendent of the National Fire Academy may consult with 
     other Federal, State, and local agency officials in 
     developing curricula for classes offered by the Academy.
       (c) Coordination With Other Programs To Avoid 
     Duplication.--The Administrator of the United States Fire 
     Administration shall coordinate training provided under 
     section 8(d)(1) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2206(d)(1)) with the Attorney General, 
     the Secretary of Health and Human Services, and the heads of 
     other Federal agencies--
       (1) to ensure that such training does not duplicate 
     existing courses available to fire service personnel; and
       (2) to establish a mechanism for eliminating duplicative 
     training programs.

  Mr. McCAIN. Mr. President, I am pleased the Senate will now consider 
S. 1152, the United States Fire Administration Act of 2003. I am 
pleased to offer a substitute amendment which includes the provisions 
of S. 321, the Firefighting Research and Coordination Act.
  I thank Senators Hollings, Brownback, Breaux, Biden, DeWine, 
Cantwell, Lindsey Graham, Carper, and Snowe for their support of these 
two bills. I also thank Representative Camp for his leadership in the 
House on the companion bill to S. 321. In addition, I thank Chairman 
Boehlert and ranking member Hall of the House Science Committee, and 
Chairman Nick Smith of the Research Subcommittee for their work on this 
legislation.
  The purpose of this legislation is to address many of the pressing 
needs of our fire services. As we face a war against terrorism, we must 
remember that firefighters are among the first to respond to any 
domestic terrorist event. In addition, today's firefighters must be 
prepared to deal with a host of other hazards caused by urban and wild 
land fires, natural disasters, hazardous materials spills, and other 
accidents. This legislation is designed to ensure that our Nation's 
first-responders are adequately prepared and trained to take action 
against these myriad threats.
  This legislation will reauthorize funding for the U.S. Fire 
Administration, USFA, for fiscal year 2005 through fiscal year 2008. 
The USFA's important mission is to reduce the loss of life and property 
due to fire and related emergencies. The agency utilizes a number of 
tools to fulfill its mission. The National Fire Academy, NFA, is the 
premiere training academy of the fire services, and has trained over 
1.4 million firefighters and other first-responders in emergency 
management, fire prevention, and anti-terrorism. In addition, the USFA 
engages in research, testing, and evaluation activities with public and 
private entities to

[[Page 29964]]

promote and improve fire and life safety.
  This legislation also would reestablish the position of U.S. Fire 
Administrator at USFA. The U.S. Fire Administrator plays a critical 
role in our Nation's fire control policy and homeland security 
initiatives by serving as the point-of-contact for the fire services. 
This position was eliminated in last year's legislation that 
established the Department of Homeland Security. On April 30, 2003, the 
Senate Committee on Commerce, Science, and Transportation heard 
testimony from many of the major fire service organizations regarding 
the importance of the U.S. Fire Administrator, and the need for the 
administrator to serve as a representative of the fire services within 
the new Department of Homeland Security.
  The legislation would address a major issue that fire departments 
face in equipping themselves. Today's firefighters use a variety of 
technologies including thermal imaging equipment; devices for locating 
firefighters and victims; and state-of-art protective suits to fight 
fires, clean up chemical and hazardous waste spills, and contend with 
potential terrorist devices. Unfortunately, there are no uniform 
technical standards for new equipment used in combating fires. Without 
such standards, local fire companies may purchase equipment that is 
faulty or that does not satisfy their needs. A January 2003, Consumer 
Reports article reported that much of the emergency equipment sold 
today is not tested or certified by the government or independent labs. 
The article states that ``the confusion will get worse, emergency 
departments say, as new equipment floods the market in response to 
increased government funding.''
  The legislation would help to resolve this problem by authorizing the 
U.S. Fire Administrator to work with other Federal agencies and 
interested parties to support the development of voluntary consensus 
standards for new firefighting technology. Fire departments would use 
these standards when buying equipment through the federal Assistance to 
Firefighters Grant Program. In the rare case where a standard is out of 
date, the U.S. Fire Administrator would be allowed to grant a waiver.
  The legislation also would address many of the coordination 
challenges that firefighters face during national emergencies. It would 
direct the U.S. Fire Administrator to provide assistance to State and 
local fire services in developing mutual aid plans, and report on a 
strategy for deployment of volunteers and other emergency response 
personnel.
  Additionally, the legislation would authorize the National Fire 
Academy to train firefighters on technologies and strategies to respond 
to future terrorist attacks. It also would authorize the U.S. Fire 
Administrator to work with other federal agencies to coordinate 
training programs to prevent duplication.
  The bill also would authorize the U.S. Fire Administrator to work 
with the Department of Agriculture and Department of the Interior to 
provide assistance in fire prevention and control technologies, 
including methods of containing insect-infested forest fires as well as 
measuring, tracking, and limiting the dispersal of the resulting smoke. 
In addition, the legislation would expand the Board of Directors of the 
National Fallen Firefighters Foundation from nine members to 12. And, 
it would allow local fire departments to purchase equipment for 
fighting fires with foam in remote areas without access to water under 
the Assistance to Firefighters Grant Program.
  This legislation is supported by the National Volunteer Fire Council; 
the Congressional Fire Services Institute; the National Fire Protection 
Association; the International Association of Fire Chiefs; the 
International Association of Fire Fighters; the International 
Association of Arson Investigators; International Society of Fire 
Service Instructors; North American Fire Training Directors and the 
International Fire Service Training Association.
  I urge my colleagues to support swift passage of this important 
legislation.
  I ask unanimous consent to print the letter of endorsement in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                 November 6, 2003.
     Hon. John McCain,
     Chairman, Senate Committee, Science and Transportation 
         Committee, Dirksen Senate Office Building, Washington, 
         DC.
       Dear Senator McCain: We are writing in strong support of S. 
     1151/H.R. 2692, the United States Fire Administration 
     Reauthorization Act of 2003. Through a cooperative effort 
     between both the leaders of the authorizing committees and 
     our organizations, this legislation charts a course for the 
     United States Fire Administration to prepare our nation's 
     fire service for the many challenges it faces in a post 9-11 
     world.
       Of particular importance to the fire service is the 
     reinstatement of the United States Fire Administrator 
     position as a Senate-confirmed position. As you are aware, 
     the Homeland Security Act of 2002 (Public Law 107-296) 
     inadvertently eliminated the position of U.S. Fire 
     Administrator. The Fire Administrator is the lead advocate 
     for the fire service within a presidential administration. In 
     a display of nonpartisanship, the nation's fire service, 
     several members of Congress, and Secretary Tom Ridge agreed 
     that the position needed to be reinstated.
       Like you, we have taken a keen interest in the development 
     of new technologies for first responders. While the emergence 
     of new technologies will certainly benefit the readiness of 
     local first responders, attention must be given to its 
     performance capabilities. Otherwise we could jeopardize the 
     safety of our first responders. For this reason, we support 
     the Firefighter Research and Coordination Act (S. 321/H.R. 
     545) as an amendment to the reauthorization measure. Many new 
     technologies have the potential to improve the capabilities 
     of our first responders; however we must ensure that these 
     technologies serve their intended purpose and protect our 
     firefighters and emergency medical personnel through the 
     requirement that equipment purchased with the FIRE Grant 
     program must meet voluntary consensus standards.
       We also support the other sections of the legislation 
     calling for coordination of response to national emergencies 
     and for increased training. These are critical to the 
     effective deployment and safety of first responders at major 
     incidents.
       Lastly, there is one issue not included in your legislation 
     that we encourage both the Congress and the U.S. Fire 
     Administration to help us advance: the installation of 
     automatic fire sprinklers in both homes and the workplace. We 
     can significantly reduce the number of deaths caused by fire 
     by providing incentives and encouragement to the public to 
     stall automatic sprinkler systems in their homes and 
     businesses. Until the 108th session adjourns, we will 
     continue to call on Congress to support the Fire Sprinkler 
     Incentives Act, sponsored by Congressman Curt Weldon and 
     Senator Jon Corzine and any other measures that promote the 
     use of sprinklers.
       We look forward to working with you in advancing this 
     legislation through Congress quickly. Again, we thank you for 
     your continued support.
           Sincerely,
         Congressional Fire Service Institute, International 
           Association of Arson Investigators, International 
           Association of Fire Chiefs, International Association 
           of Fire Fighters, International Fire Service Training 
           Association, International Society of Fire Service 
           Instructors, National Fire Protection Association, 
           National Volunteer Fire Council, North American Fire 
           Training Directors.

  Ms. SNOWE. Mr. President, I rise today in support of S. 1152, the 
U.S. Fire Administration Reauthorization Act of 2003 that reestablishes 
the position of U.S. Fire Administrator and incorporates the provisions 
of S. 321, the Firefighting and Research Coordination Act which I 
cosponsored.
  As we prepare to reauthorize the U.S. Fire Administration for the 
first time since fiscal year 2000, we do so in a vastly changed 
environment. In that time, the term ``first responder'' has entered the 
lexicon and is now a part of our national consciousness. Americans have 
always understood and were assured that in the event of an emergency, 
units of the U.S. Fire Service would respond, render aid to the 
suffering, and protect our property and resources. However, we had 
gotten to the point that we were taking the Fire Service for granted.
  All of that changed, as did many things in America, on September 11, 
2001. On that day, we watched in horror as those tragic events unfolded 
in New York, Pennsylvania and at the Pentagon, and we saw over and over 
the bravery and sacrifice of those proud men and women of the United 
States Fire Service as they worked tirelessly

[[Page 29965]]

and without regard for their personal safety to help their fellow 
Americans. On that day, all of America once again became aware of those 
who live in our midst--our neighbors, our friends, and our relatives--
who daily stand on the front lines to protect us from harm.
  Since that time we embarked on an immense reorganization of the 
Government as we stood up the Department of Homeland Security. There 
were many views about the relative pros and cons of such a Department 
and which Federal agencies should be included in the Department and 
which were better left outside. This proposal will reauthorize just one 
agency within that organization, the United States Fire Administration. 
Most importantly, it will reestablish the U.S. Fire Administrator 
position as a separate entity appointed by the President and ensure 
that it is not subsumed as the Director of the Preparedness Division 
within the Department of Homeland Security.
  In testimony earlier this year before the Commerce Committee, we 
heard from representatives from the International Association of Fire 
Chiefs, the National Fire Protection Association and the National 
Volunteer Fire Council who were united in their call to reestablish the 
position of United States Fire Administrator because of the importance 
of having an independent voice within the administration. As one 
example, they cited the need to have the Fire Administrator oversee the 
Firefighter Investment and Response Enhancement, FIRE, Act grants 
program to ensure funds were properly focused on the entirety of the 
fire service mission and not expended on strictly counterterrorism 
efforts.
  I have always believed the FIRE grant program was one of the most 
successful competitive grant programs run by the Federal Government. In 
fiscal year 2002, my home State of Maine received a little over $4.3 
million in grants, most of which went to the smallest communities in 
the State. In fact, the largest single recipient was the smaller South 
Berwick Fire Department, not the larger Portland or Bangor departments.
  I have the honor and privilege of representing the Great State of 
Maine which has 5,300 miles of coastline and a long and proud maritime 
tradition. I am particularly pleased that this measure amends the FIRE 
grant process to include maritime firefighting so that those 
responsible for the protection of our ports and vessels at sea have the 
opportunity to acquire the tools and equipment they need to accomplish 
that mission.
  Beyond simply directing the FIRE Act program, the bill also 
authorizes the U.S. Fire Administrator, in consultation with the 
National Institute of Standards and Technology, the Inter-Agency Board 
for Equipment Standardization and Interoperability, the Directorate of 
the Science and Technology at the Department of Homeland Security, 
national voluntary consensus standards development organizations and 
other interested parties, to develop the measurement techniques and 
testing methodologies to assess new firefighting technologies.
  Such standards would support the development of voluntary consensus 
standards for evaluating the performance and compatibility of new 
firefighting technology, including thermal imaging equipment; early 
warning fire detection devices; personal protection equipment for 
firefighting; victim detection equipment; and devices to locate 
firefighters in buildings.
  The U.S. Fire Administration Reauthorization Act also ensures that 
equipment purchased under the FIRE grant program will be required to 
meet or exceed those applicable voluntary consensus standards unless 
waived by the Fire Administrator in accordance with very specific 
guidelines.
  Furthermore, under this legislation, the Fire Administrator is tasked 
with acting as a resource for State and local governments in developing 
mutual aid plans, updating the Federal Response Plan, and reporting on 
the need for a strategy for deploying volunteers, including a national 
credentialing system. New training programs at the National Fire 
Academy to improve tactics for using new firefighting technology and 
responding to terrorist attacks will be authorized under this measure.
  I want to stress that the report on our strategic needs for the 
deployment of volunteers and emergency response personnel would be 
required within 90 days of enactment and a report describing plans to 
revise the Federal Response Plan to address responses to terrorism 
attacks would be due 180 days after enactment. These times are critical 
because it is imperative we complete the planning our national response 
so the Fire Service can more effectively protect our fellow citizens.
  Successful implementation of those plans require that our 
firefighters undergo comprehensive training to understand and use the 
Federal Response Plan, to use new technologies and to develop the 
strategies and tactics to fight fires wherever they occur--in 
buildings, in forests or on the water. This legislation also encourages 
the Superintendent of the National Fire Academy to coordinate with 
Federal, State and local agencies to develop the curricula to 
accomplish that training and ensure that it is available in all 
geographic regions to both career and volunteer firefighters.
  In conclusion, I would just say that this reauthorization of the Fire 
Administration is vital to those who risk their own lives every day in 
this nation to protect our citizens and our resources. It provides them 
with the leadership, the tools, the planning and the training they need 
to effectively accomplish that mission and I urge my colleagues to 
support passage of this measure.
  Mr. FRIST. Mr. President, I ask unanimous consent that the McCain 
substitute at the desk be agreed to, the committee substitute, as 
amended, be agreed to, the bill, as amended, be read a third time and 
passed, the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2207) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 1152), as amended, was read the third time and passed.

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