[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.
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