[House Report 105-62]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-62
_______________________________________________________________________
FIRE ADMINISTRATION AUTHORIZATION ACT OF 1997
_______________________________________________________________________
April 21, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on Science, submitted the
following
R E P O R T
[To accompany H.R. 1272]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, to whom was referred the bill (H.R.
1272) to authorize appropriations for fiscal years 1998 and
1999 for the United States Fire Administration, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
C O N T E N T S
Page
I. Amendment.......................................................1
II. Purpose of the Bill.............................................4
III. Background and Need for Legislation.............................4
IV. Summary of Hearings.............................................4
V. Committee Actions...............................................5
VI. Summary of Major Provisions of the Bill.........................5
VII. Section-By-Section Analysis.....................................5
VIII. Committee Views.................................................7
IX. Committee Cost Estimate.........................................9
X. Congressional Budget Office Cost Estimate......................10
XI. Compliance with Public Law 104-4...............................11
XII. Committee Oversight Findings and Recommendations...............11
XIII. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight................................12
XIV. Constitutional Authority Statement.............................12
XV. Federal Advisory Committee Statement...........................12
XVI. Congressional Accountability Act...............................12
XVII. Changes in Existing Law Made by the Bill, as Reported..........12
XVIII.Committee Recommendations......................................14
I. Amendment
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Administration Authorization
Act of 1997''.
SEC. 2. 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--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) $29,600,000 for the fiscal year ending September 30,
1998; and
``(H) $30,500,000 for the fiscal year ending September 30,
1999.''.
SEC. 3. SUCCESSOR FIRE SAFETY STANDARDS.
The Federal Fire Prevention and Control Act of 1974 is amended--
(1) in section 29(a)(1), by inserting ``, or any successor
standard thereto,'' after ``Association Standard 74'';
(2) in section 29(a)(2), by inserting ``or any successor
standards thereto,'' after ``whichever is appropriate,'';
(3) in section 29(b)(2), by inserting ``, or any successor
standards thereto'' after ``Association Standard 13 or 13-R'';
(4) in section 31(c)(2)(B)(i), by inserting ``or any
successor standard thereto,'' after ``Life Safety Code),''; and
(5) in section 31(c)(2)(B)(ii), by inserting ``or any
successor standard thereto,'' after ``Association Standard
101,''.
SEC. 4. TERMINATION OR PRIVATIZATION OF FUNCTIONS.
The Administrator of the United States Fire Administration shall
transmit to Congress a report providing notice at least 60 days in
advance of the termination or transfer to a private sector entity of
any significant function of the United States Fire Administration.
SEC. 5. LIMITATIONS.
(a) Prohibition of Lobbying Activities.--None of the funds
authorized by the amendments made by this Act shall be available for
any activity whose purpose is to influence legislation pending before
the Congress, except that this subsection shall not prevent officers or
employees of the United States or of its departments or agencies from
communicating to Members of Congress on the request of any Member or to
Congress, through the proper channels, requests for legislation or
appropriations which they deem necessary for the efficient conduct of
the public business.
(b) Limitation on Appropriations.--No sums are authorized to be
appropriated to the Administrator of the United States Fire
Administration for fiscal years 1998 and 1999 for the activities for
which sums are authorized by the amendments made by this Act, unless
such sums are specifically authorized to be appropriated by the
amendments made by this Act.
(c) Eligibility for Awards.--
(1) In general.--The Administrator of the United States
Fire Administration shall exclude from consideration for grant
agreements made by the Administration after fiscal year 1997
any person who received funds, other than those described in
paragraph (2), appropriated for a fiscal year after fiscal year
1997, under a grant agreement from any Federal funding source
for a project that was not subjected to a competitive, merit-
based award process. Any exclusion from consideration pursuant
to this subsection shall be effective for a period of 5 years
after the person receives such Federal funds.
(2) Exception.--Paragraph (1) shall not apply to the
receipt of Federal funds by a person due to the membership of
that person in a class specified by law for which assistance is
awarded to members of the class according to a formula provided
by law.
(3) Definition.--For purposes of this subsection, the term
``grant agreement'' means a legal instrument whose principal
purpose is to transfer a thing of value to the recipient to
carry out a public purpose of support or stimulation authorized
by a law of the United States, and does not include the
acquisition (by purchase, lease, or barter) of property or
services for the direct benefit or use of the United States
Government. Such term does not include a cooperative agreement
(as such term is used in section 6305 of title 31, United
States Code) or a cooperative research and development
agreement (as such term is defined in section 12(d)(1) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(1))).
SEC. 6. NOTICE.
(a) Notice of Reprogramming.--If any funds authorized by the
amendments made by this Act are subject to a reprogramming action that
requires notice to be provided to the Appropriations Committees of the
House of Representatives and the Senate, notice of such action shall
concurrently be provided to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Notice of Reorganization.--The Administrator of the United
States Fire Administration shall provide notice to the Committees on
Science and Appropriations of the House of Representatives, and the
Committees on Commerce, Science, and Transportation and Appropriations
of the Senate, not later than 15 days before any major reorganization
of any program, project, or activity of the United States Fire
Administration.
SEC. 7. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of Congress
that the United States Fire Administration should--
(1) give high priority to correcting all 2-digit date-
related problems in its computer systems to ensure that those
systems continue to operate effectively in the year 2000 and
beyond;
(2) assess immediately the extent of the risk to the
operations of the United States Fire Administration posed by
the problems referred to in paragraph (1), and plan and budget
for achieving Year 2000 compliance for all of its mission-
critical systems; and
(3) develop contingency plans for those systems that the
United States Fire Administration is unable to correct in time.
SEC. 8. BUY AMERICAN.
(a) Compliance With Buy American Act.--No funds appropriated
pursuant to the amendments made by this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
(b) Sense of Congress.--In the case of any equipment or products
that may be authorized to be purchased with financial assistance
provided under the amendments made by this Act, it is the sense of
Congress that entities receiving such assistance should, in expending
the assistance, purchase only American-made equipment and products.
(c) Notice to Recipients of Assistance.--In providing financial
assistance under the amendments made by this Act, the Administrator of
the United States Fire Administration shall provide to each recipient
of the assistance a notice describing the statement made in subsection
(a) by the Congress.
II. Purpose of the Bill
The purpose of the bill is to authorize appropriations for
the activities of the United States Fire Administration (USFA)
under the Federal Fire Prevention and Control Act of 1974. The
bill authorizes appropriations in the amount of $29,600,000 for
Fiscal Year 1998 and $30,500,000 for Fiscal Year 1999.
III. Background and Need for Legislation
In 1974 Congress enacted the Federal Fire Prevention and
Control Act in response to a nationwide concern about the
increasing number of lives and property lost to fires. The Act
established the USFA in an effort to prevent and reduce these
losses. The USFA coordinates the nation's fire safety and
emergency medical service activities. The USFA works with state
and local units of government to educate the public in fire
safety and prevention, collect and analyze data related to
fire, conduct research and development in fire suppression,
promote firefighter health and safety, and conduct fire service
training.
The USFA administers the National Fire Academy, which
provides education and training to fire and emergency service
personnel in fire protection and control.
This legislation will enable the USFA and NFA to continue
to pursue these important functions and to continue to minimize
fire losses.
IV. Summary of Hearing
On March 18, 1997, the Subcommittee on Basic Research held
a hearing on the programs of the USFA and the NFA. Witnesses
included the Honorable Carrye Brown, Administrator of the USFA;
Mr. Steve Robinson, Executive Director of the National Fallen
Firefighters Foundation; Mr. Tracy Boatwright, State Fire
Marshal of Indiana; and Mr. Kenneth Newton, Director of the
National Volunteer Fire Council.
During the hearing, Administrator Brown described ongoing
USFA/NFA programs as well as highlighted new initiatives such
as the National Arson Prevention Initiative, distance education
programs, and counter terrorism training. The counter terrorism
training program for emergency response personnel was described
as a new mission for USFA. The Administration is requesting,
for the first time, an appropriation for this activity.
Administrator Brown explained that, while new money was being
requested, the overall request for USFA was down from the FY
1997 appropriation because of a reduction in the arson program.
The two outside Federal Government witnesses expressed
support for USFA programs, but Mr. Boatwright underscored his
organization's concern about the need for more fire related
research as well as for making the National Institute for
Standards and Technology (NIST), which performs fire research
in consultation with USFA, more responsive to the needs of the
fire service community.
V. Committee Actions
On April 16, 1997, the Committee convened to mark up H.R.
1272. Chairman Sensenbrenner offered an en bloc amendment on
behalf of Basic Research Subcommittee Chairman Steve Schiff,
which makes technical corrections to define the types of grants
under the Act that will be subject to merit review. In
addition, the amendment specifies that the sums authorized in
the bill represent the total funds authorized for programs
under this bill. The amendment was adopted by voice vote. Mr.
Hastings (D-FL) offered an amendment on behalf of Mr. Traficant
(D-IL) to require that no funds appropriated pursuant to the
Act may be expended by an entity unless the entity agrees that
in expending the assistance the entity will comply with the
``Buy American Act.'' This amendment was also adopted by voice
vote. A quorum being present, the bill was ordered reported, as
amended, by the Committee by voice vote.
VI. Summary of Major Provisions of the Bill
The bill authorizes $29.6 million and $30.5 million in
appropriations, respectively, for Fiscal Years 1998 and 1999 in
appropriations for the activities of the United States Fire
Administration and the National Fire Academy.
VII. Section-by-Section Analysis
Section 1. Short title
Cites the Act as the ``Fire Administration Authorization
Act of 1997.''
Section 2. Authorization of Appropriations
Authorizes a total of $29,600,000 in Fiscal Year 1998 and
$30,500,000 in Fiscal Year 1999 for the programs and activities
under the Federal Fire Prevention and Control Act of 1974.
These programs and activities include: public education on fire
prevention and control; collection and analysis of fire-related
data; research and development in fire suppression; fire and
emergency service personnel training; counter terrorism
training; firefighter health and safety promotion; and the
administration of the National Fire Academy in Emmitsburg,
Maryland.
Section 3. Successor fire safety standards
Amends section 29 of the Federal Fire Prevention and
Control Act of 1974 to update National Fire Protection
Standards which are no longer current or have been given new
designations.
Section 4. Termination or privatization of functions
Requires that the Administrator inform the Congress 60 days
in advance of an effort to terminate or privatize any USFA
activities or programs.
Section 5. Limitations
(a) Prohibition of Lobbying Activities
Prohibits the use of funds authorized by this Act for any
activity whose purpose is to influence legislation pending
before the Congress. This section does not prevent employees of
the agency from communicating with Members of Congress to
conduct public business.
(b) Limitation on Appropriations
Disallows authorization of funds which are not specifically
authorized to be appropriated by this Act for Fiscal Years 1998
and 1999, or by an Act of Congress in succeeding fiscal years.
(c) Eligibility for Awards
Requires the head of each federal agency for which funds
are authorized under this Act to exclude, for a period of 5
years, any person who received funds for a project not subject
to a competitive, merit-based review process after FY 1997.
This section is not applicable to the long-standing Cooperative
Research and Development Agreement program nor to awards to
persons who are members of a class specified by law for which
assistance is awarded according to a formula provided by law.
Section 6. Notice
If any funds of this Act, or amendments made by this Act,
are subject to reprogramming which requires notice to be given
to the Appropriations Committees of the House of
Representatives and the Senate, notice of such action shall be
concurrently provided to the Committee on Science of the House
and the Commerce, Science, and Transportation Committee of the
Senate.
If any program, project, or activity of the USFA is
preparing to undergo any major reorganization, the
Administrator shall notify this Committee, the House Committee
on Appropriations, and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate no later than
15 days prior to such reorganization.
Section 7. Sense of the Congress on the Year 2000 Problem
It is the sense of Congress that the United States Fire
Administration should give high priority to correcting the year
2000 problem in all of its computer systems to ensure effective
operation in the year 2000 and beyond. The United States Fire
Administration needs to assess immediately the risk of the
problem upon their systems and develop a plan and a budget to
correct the problem for its mission-critical programs. The
United States Fire Administration also needs to begin
consideration of contingency plans, in the event that certain
systems are unable to be corrected in time.
Section 8. Buy American
Requires any entity that is appropriated funds pursuant to
this Act or amendments thereto, to comply with sections 2-4 of
the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as
the ``Buy American Act''). Requires that recipients of funds
pursuant to the Act shall be notified of the requirements of
subsection (a) regarding compliance with the Buy American Act.
VIII. Committee Views
Increase in authorization level
The FY 98 budget request for the United States Fire
Administration (USFA) shows a slight decrease in funding for
USFA arson programs. During the March 18th authorization
hearing on the USFA budget, the Administrator explained that
the decrease was necessary in order to fund the counter
terrorism training program. The Administrator further explained
that counter terrorism training would become a permanent
mission for the agency. H.R. 1272 increases the authorization
level for the USFA by 3% over the Administration's FY 1998
request. The Committee believes that this increase is necessary
in order to accommodate the new mission of counter terrorism
training, while ensuring that the agency's core missions are
not negatively impacted.
Counter terrorism
During the March 18th authorization hearing, Administrator
Brown testified to the need for counter terrorism training for
our nation's first responders. In the wake of the Oklahoma City
and World Trade Center bombings and with the increasing
likelihood that we will face incidents of domestic terrorism,
it is clear to this Committee that it makes sense to train fire
and emergency service personnel for these situations. The
Committee supports the USFA's role in counter terrorism
training because training for counter terrorism in many ways
mirrors and/or supplements existing USFA-sponsored training
programs for major fires, natural disasters, and hazardous
materials accidents.
However, the Committee feels strongly that funding for
counter terrorism training programs should not come at the
expense of existing programs within the USFA. Therefore, the
Committee requests that the Administrator provide a plan for
counter terrorism training that includes projected future
funding levels needed to maintain an effective program. The
plan should also include information regarding coordination and
integration of USFA counter terrorism training with the other
Federal Emergency Management Agency (FEMA) counter terrorism
response efforts, as well as training for first responders by
other federal agencies, including the Departments of Justice
and Defense. It is the position of the Committee that counter
terrorism training for the first responder be a responsibility
of the USFA, and that duplication of efforts within FEMA be
avoided. The Committee requests that the plan be submitted to
the Committee no later than the date that the President's FY
1999 budget is submitted to Congress.
Transfer of the Fallen Firefighter Memorial Service
The USFA is responsible for the Fallen Firefighter Memorial
Service. Each year at the service, the firefighters who died in
the performance of duty are honored for their ultimate
sacrifice. Each service reminds us that we must continue to
strive to reduce these tragic losses.
The Administrator and Executive Director of the National
Fallen Firefighter Memorial Board testified at the March 18,
1997 Basic Research Subcommittee hearing that the operation and
management of the Memorial Service was being transferred to the
Board. The Committee has consistently supported privatization
of federal programs, where appropriate, and supports this
effort as well.
The FY 1998 budget request for the USFA includes funding
for the management and the preparation and delivery of the
Annual Fallen Firefighter Memorial Ceremony and Luminary
Service. Therefore, the Committee would like assurance that the
transfer of this program will result in an overall reduction in
agency funding. Accordingly, the Committee requests a report on
the transfer of the Memorial Service and the resulting savings,
including specific dates for complete transfer of the program
and information illustrating a proportionate reduction in
federal funding for the program. This report should be
delivered no later than 60 days after the 1997 Memorial
Service.
Fire research and development
During the March 18, 1997 hearing on the FY 98 budget
request for the USFA, a witness representing the National
Association of State Fire Marshals testified that the research
needs of firefighters are not given sufficient priority at the
National Institutes for Standards and Technology (NIST)
Building and Fire Research Laboratory. Subsequently, the
Committee has received correspondence from members of the fire
service community corroborating this testimony and suggesting
ways to ensure that NIST might better serve this community.
Despite a statutory mandate requiring NIST to consult with the
Administrator on determining the research priorities at NIST,
many in the fire service community believe that their research
needs go unanswered.
The Committee is very concerned that USFA may not be able
to carry out its primary missions if it does not, on a regular
basis, influence, on behalf of the nation's fire and emergency
responders, the research agenda at NIST. The Committee
therefore requests that the Administrator work with the
Director of the Building and Fire Research Laboratory to
establish a formal process, including regular meetings and
consultations between USFA and NIST, for establishing research
priorities for the NIST Building and Fire Research Laboratory.
In addition, the Committee requests a report from the
Administrator 60 days after enactment of this Act, describing
this jointly agreed upon, formal consultation process.
Limitation on Lobbying
The Committee is committed to ensuring that awards for
research and education are used solely for those purposes.
Funds should not be used for any purpose, other than that
specified in the award. The Committee, however, does not
exclude appropriate communications between the Executive Branch
and the Congress.
Limitation on Appropriations
The bill emphasizes the Committee's position that only
funds authorized to be appropriated for the USFA are made
available through this Act. It is the Committee's position that
authorizations designating specific sums are required for
appropriations of such sums to be authorized.
Eligibility for Awards
The Committee has a long-standing position that awards
should be based on a competitive, merit-based process. Merit
review ensures that taxpayers' dollars are spent in the most
cost-effective manner.
Notice
The Committee believes that reprogramming notices required
by the Appropriations Committees, must be provided to
authorizing Committees if they are to carry out their oversight
responsibilities under the Rules of the House.
Buy American
It is the view of the Committee that the Federal Government
buy goods manufactured in the United States when feasible,
cost-effective, and practicable.
Year 2000 Problem
Despite knowing of the problem for years, the Federal
Government has yet to adequately create strategies to address
the year 2000 problem. The Committee believes Congress should
continue to take a leadership role in raising awareness about
the issue with both government and the private sector.
The potential impact on federal programs if the year 2000
problem is not corrected in an effective and timely manner is
substantial and potentially serious. If federal computers are
not prepared to handle the change of date on January 1, 2000,
there is a risk to all government systems and the programs they
support. It is imperative that such corrective action be taken
to avert disruption to critical Federal Government programs.
IX. Cost Estimate
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires each committee report accompanying
each bill or joint resolution of a public character to contain:
(1) an estimate, made by such Committee, of the costs which
would be incurred in carrying out such bill or joint resolution
in the fiscal year in which it is reported, and in each of the
5 fiscal years following such fiscal year (or for the
authorized duration of any program authorized by such bill or
joint resolution, if less than 5 years); (2) a comparison of
the estimate of costs described in subparagraph (1) of this
paragraph made by such Committee with an estimate of such costs
made by any government agency and submitted to such Committee;
and (3) when practicable, a comparison of the total estimated
funding level for the relevant program (or programs) with the
appropriate levels under current law. However, clause 7(d) of
that rule provides that this requirement does not apply when a
cost estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974 has been timely submitted
prior to the filing of the report and included in the report
pursuant to clause 2(l)(3)(C) of rule XI. A cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 403 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of this
report and included in Section X of this report pursuant to
clause 2(l)(3)(C) of rule XI.
Clause 2(l)(3)(B) of rule XI of the Rules of the House of
Representatives requires each committee report that accompanies
a measure providing new budget authority (other than continuing
appropriations), new spending authority, or new credit
authority, or changes in revenues or tax expenditures to
contain a cost estimate, as required by section 308(a)(1) of
the Congressional Budget Act of 1974 and, when practicable with
respect to estimates of new budget authority, a comparison of
the total estimated funding level for the relevant program (or
programs) to the appropriate levels under current law. H.R.
1272 does not contain any new budget authority, credit
authority, or changes in revenues or tax expenditures. Assuming
that the sums authorized under the bill are appropriated, H.R.
1272 does authorize additional discretionary spending, as
described in the Congressional Budget Office report on the
bill, which is contained in Section X of this report.
X. Congressional Budget Office Cost Estimate
Congressional Budget Office
U.S. Congress
Washington, DC. 20515
June E. O'Neill, Director
April 18, 1997
Honorable F. James Sensenbrenner, Jr.,
Chairman, Committee on Science,
U.S. House of Representatives,
Washington, DC. 20515
Dear Mr. Chairman:
The Congressional Budget Office has prepared the enclosed cost
estimate for H.R. 1272, the Fire Administration Authorization Act of
1997.
If you wish further details on this estimate, we will be pleased to
provide them. The CBO staff contacts are Lisa H. Daley (for federal
costs), who can be reached at 226-2860, and Leo Lex (for the state and
local impact), who can be reached at 225-3220.
Sincerely,
June E. O'Neill, Director
Enclosure
cc: Honorable George E. Brown, Jr., Ranking Minority Member
______
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
April 18, 1997
H.R. 1272
Fire Administration Authorization Act of 1997
As ordered reported by the House Committee on Science on April 16, 1997
SUMMARY
H.R. 1272 would extend and increase the authorization of
appropriations for the United States Fire Administration (USFA). The
bill would authorize appropriations of about $30 million for fiscal
year 1998 and $31 million for fiscal year 1999 for the programs,
salaries, and expenses of the USFA. The bill also would amend the
Federal Fire Prevention and Control Act of 1974 to ensure that
references to the National Fire Protection Association standards in the
act are updated as changes to these standards are made.
Assuming appropriation of the authorized amounts, CBO estimates
that enacting the bill would increase discretionary spending by $60
million over the 1998-2002 period. Other provisions in the bill would
have no impact on the federal budget. The legislation would not affect
direct spending or receipts, therefore, pay-as-you-go procedures would
not apply. H.R. 1272 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act of 1995 (UMRA).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 1272 is shown in the table
on the following page. For the purposes of this estimate, CB0 assumes
that the authorized amounts will be appropriated each year and that
spending will occur at historical rates for the USFA.
------------------------------------------------------------------------
By Fiscal Year, in Millions of Dollars
-----------------------------------------
1997 1998 1999 2000 2001 2002
------------------------------------------------------------------------
SPENDING SUBJECT TO
APPROPRIATION:
USFA Spending Under Current
Law
Budget Authority 31 0 0 0 0 0
Estimated Outlays 29 13 7 1 0 0
Proposed Changes
Authorization Level 0 30 31 0 0 0
Estimated Outlays 0 16 25 13 5 1
USFA Spending Under H.R. 1272
Authorization Level 31 30 31 0 0 0
Estimated Outlays 29 29 32 14 5 1
------------------------------------------------------------------------
The 1997 level is the amount appropriated for that year. The
1997 budget authority includes $2.5 million provided in Public Law 104-
208 and represents funding for USFA programs, salaries, and expenses.
The costs of this legislation fall within budget function 450
(community and regional development).
PAY-AS-YOU-GO CONSIDERATIONS: None.
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 1272 contains no intergovernmental mandates as defined in
UMRA. Two provisions in the bill would affect eligibility for federal
grants. The first would require compliance with the ``Buy American
Act.'' The second would exclude grantees from consideration for awards
if they had received funds under any other federal grant program that
was not subject to a competitive, merit-based award process. These
provisions could change the allocation of funds among grant recipients,
including state and local governments. Because the total amount of
money received by state and local governments under these programs is
small, however, any impacts are likely to be insignificant.
ESTIMATED IMPACT ON THE PRIVATE SECTOR
This bill would impose no new private-sector mandates as defined in
UMRA.
ESTIMATE PREPARED BY:
Federal Costs: Lisa H. Daley (226-2860)
Impact on State, Local, and Tribal Governments: Leo Lex (225-3220)
ESTIMATE APPROVED BY:
Robert A. Sunshine
Deputy Assistant Director for Budget Analysis
XI. Compliance with Public Law 104-4
H.R. 1272 contains no unfunded mandates.
XII. Committee Oversight Findings and Recommendations
Clause 2(l)(3)(A) of rule XI requires each committee report
to contain oversight findings and recommendations required
pursuant to clause 2(b)(1) of rule X. The Committee has no
oversight findings.
XIII. Oversight Findings and Recommendations by the Committee on
Government Reform and Oversight
Clause 2(l)(3(D) of rule XI of the Rules of the House of
Representatives requires each committee report to contain a
summary of the oversight findings and recommendations made by
the House Government Reform and Oversight Committee pursuant to
clause 4(c)(2) of rule X, whenever such findings and
recommendations have been submitted to the Committee in a
timely fashion. The Committee on Science has received no such
findings or recommendations from the Committee on Government
Reform and Oversight.
XIV. Constitutional Authority Statement
Clause 2(I)(4) of rule XI of the Rules of the House of
Representatives requires each report of a committee on a bill
or joint resolution of a public character to include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the law proposed by the bill or joint
resolution. Article 1, section 8 of the Constitution of the
Untied States grants Congress the authority to enact H.R. 1272.
XV. Federal Advisory Committee Statement
This legislation does not establish or authorize the
establishment of a new advisory committee.
XVI. Congressional Accountability Act
The Committee finds that H.R. 1272 does not relate to the
terms and conditional of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
XVII. Changes in Existing Law Made by the Bill, As Reported
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974
* * * * * * *
authorization of appropriations
Sec. 17. (a) * * *
* * * * * * *
(g)(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) $17,039,000 for the fiscal year ending
September 30, 1989;
(B) $17,737,000 for the fiscal year ending
September 30, 1990;
(C) $18,464,000 for the fiscal year ending
September 30, 1991;
(D) $25,550,000 for the fiscal year ending
September 30, 1992;
(E) $26,521,000 for the fiscal year ending
September 30, 1993; [and]
(F) $27,529,000 for the fiscal year ending
September 30, 1994[.];
(G) $29,600,000 for the fiscal year ending
September 30, 1998; and
(H) $30,500,000 for the fiscal year ending
September 30, 1999.
* * * * * * *
fire prevention and control guidelines for places of public
accommodation
Sec. 29. (a) Contents of Guidelines.--The guidelines
referred to in sections 28 and 30 consist of--
(1) a requirement that hard-wired, single-station
smoke detectors be installed in accordance with
National Fire Protection Association Standard 74, or
any successor standard thereto, in each guest room in
each place of public accommodation affecting commerce;
and
(2) a requirement that an automatic sprinkler
system be installed in accordance with National Fire
Protection Association Standard 13 or 13-R, whichever
is appropriate, or any successor standards thereto, in
each place of public accommodation affecting commerce
except those places that are 3 stories or lower.
(b) Exceptions.--(1) * * *
(2) The requirement described in subsection (a)(2) shall
not apply to a place of public accommodation affecting commerce
to the extent that such place of public accommodation affecting
commerce is subject to a standard that includes a requirement
or prohibition that prevents compliance with a provision of
National Fire Protection Association Standard 13 or 13-R, or
any successor standards thereto. In such a case, the place of
public accommodation affecting commerce is exempt only from
that specific provision.
* * * * * * *
SEC. 31. FIRE SAFETY SYSTEMS IN FEDERALLY ASSISTED BUILDINGS.
(a) * * *
* * * * * * *
(c) Housing.--(1) * * *
(2)(A) * * *
(B)(i) Except as provided in clause (ii), housing
assistance may not be used in connection with any rebuilt
multifamily property, unless after the rebuilding the
multifamily property complies with the chapter on existing
apartment buildings of National Fire Protection Association
Standard 101 (known as the Life Safety Code), or any successor
standard thereto, as in effect at the earlier of (I) the time
of any approval by the Department of Housing and Urban
Development of the specific plan or budget for rebuilding, or
(II) the time that a binding commitment is made to provide
housing assistance for the rebuilt property.
(ii) If any rebuilt multifamily property is subject to, and
in compliance with, any provision of a State or local fire
safety standard or code that prevents compliance with a
specific provision of National Fire Protection Association
Standard 101, or any successor standard thereto, the
requirement under clause (i) shall not apply with respect to
such specific provision.
* * * * * * *
XVIII. Committee Recommendations
On April 16, 1997, a quorum being present, the Committee
favorably reported the Fire Administration Authorization Act of
1997, by a voice vote, and recommends its enactment.