[Senate Report 105-124]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 237
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-124
_______________________________________________________________________


 
 UNITED STATES FIRE ADMINISTRATION AUTHORIZATION ACT FOR FISCAL YEARS 
                             1998 AND 1999

                                _______

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1231





                October 30, 1997.--Ordered to be printed



       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred fifth congress
                             first session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi              JOHN D. ROCKEFELLER IV, West 
KAY BAILEY HUTCHISON, Texas              Virginia
OLYMPIA SNOWE, Maine                 JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri              JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee                RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan            BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas                RON WYDEN, Oregon
                       John Raidt, Staff Director
     Ivan A. Schlager, Democratic Chief Counsel and Staff Director

                                     

                                                       Calendar No. 237
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-124
_______________________________________________________________________


 UNITED STATES FIRE ADMINISTRATION AUTHORIZATION ACT FOR FISCAL YEARS 
                             1998 AND 1999

                                _______
                                

                October 30, 1997.--Ordered to be printed

_______________________________________________________________________


       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1231]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1231) ``A Bill 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 without an 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of the bill is to authorize appropriations to 
the U.S. Fire Administration (USFA) of the Federal Emergency 
Management Agency (FEMA) for each of the fiscal years 1998 and 
1999.

                          Background and Needs

                        continuing need for usfa

    The United States has one of the highest fire death rates 
in the industrialized world, and more Americans are killed and 
injured by fires each year than all other natural disasters 
combined. Fires account for approximately 4500 deaths and 
30,000 injuries annually. Seventy-one (71) percent of those 
deaths are due to residential fires. Fire experts state that 
the two groups at the greatest risk are the elderly and young 
children.
    There are more than two million fires reported each year 
with direct property losses totaling over $8.5 billion and 
about $50 billion in costs to taxpayers.

                            history of usfa

    Acting to halt these tragic losses and on the 
recommendations from the National Commission on Fire Prevention 
and Control's report entitled, ``America Burning'', in 1974 
Congress passed P.L. 93-498, the Federal Fire Prevention and 
Control Act. The Act established the USFA and its National Fire 
Academy (NFA) within FEMA.
    The mission of the USFA is to enhance the nation's fire 
prevention and control activities and thereby significantly 
reduce the nation's loss of life from fire while also achieving 
a reduction in property loss and nonfatal injury due to fire. 
The USFA's policy is to prepare federal, state, and local 
officials; their supporting staffs; emergency fire responders; 
volunteer groups; and the public to meet the responsibilities 
of domestic emergencies through planning, mitigation, 
preparedness, response, and recovery.
    USFA funds a wide range of activities including collection, 
analysis, and dissemination of fire incidence and loss data; 
development and dissemination of public fire education 
materials; development and dissemination of better hazardous 
materials response information for first responders; and 
support for research and development for fire safety 
technologies. The USFA has responsibility for all fire and 
emergency medical programs within FEMA. The NFA develops and 
delivers off- campus and on-campus courses to fire service, 
rescue, and allied professionals. Educational and training 
programs are also provided through the National Emergency 
Training Center.
    The efforts of the USFA are focused in four areas:
          Public education and awareness.
          Data collection and analysis.
          Fire service training.
          Technology and research, and firefighter health and 
        safety.

Public education and awareness

    The USFA seeks to identify the groups most at risk from 
fire. Once these groups are identified, efforts are focused to 
increased safety behaviors and reduce losses through public/
private partnerships.
    In addition to the traditional delivery systems, the USFA 
uses the Internet as a means to improve productivity. By use of 
the Internet, the resources of the USFA are shared on the FEMA 
homepage. The homepage has allowed public assess to 
publications, training courses and other public education 
programs. For example, fire departments can download 
specialized arson programs and the NFA's training catalog.
    The ``Fire Stops With You'' campaign provides fire safety 
and prevention information to the general public and also 
specific groups considered to be high risk. The USFA has 
combined elements of earlier campaigns into a comprehensive 
package of fact sheets and public service announcements (PSA) 
that target high-risk groups, including senior citizens and 
children. The fact sheets offer advice on promoting rural fire 
safety through stressing various prevention tips for high-risk 
populations. Since most fire deaths occur in the home, another 
set of fact sheets focuses on home fire prevention with an 
emphasis on preventing electrical fires. A new part of the 
campaign will emphasize the value of buying and maintaining 
residential smoke detectors.
    Either by accident or on purpose, children start over 
100,000 fires per year. The USFA is developing a new USFA Kids 
Page. This homepage will address fire safety problems in the 
home. The interactive homepage will contain existing products, 
a game, audio and video files and a guide for parents and 
teachers. Visitors to this homepage will also be able to link 
to the FEMA homepage for safety information on earthquakes, 
tornadoes and floods.
  Arsonists are responsible for over a half million fires every 
year. The USFA initiatives to address this crime include:
          Arson grants.
          A series of NFA training courses.
          Research and education with the Bureau of Alcohol, 
        Tobacco and Firearms to train arson investigators.
          Technical support to fire investigations.
          Arson prevention information for the general public 
        and targeted audiences.
          Computer-based management programs for arson units.
          Juvenile fire setter prevention workshops.
          Specialized publications for investigators.
    On June 19, 1996, the President created the National Arson 
Prevention Initiative (NAPI) to identify and coordinate Federal 
resources to support grassroots arson prevention initiatives. 
The initiative is to be led by FEMA.

Data collection and analysis

    By collecting data and analyzing national, state and local 
fire data, the USFA can identify specific problems and forecast 
trends. Leading causes of fires also are identified. The USFA 
uses this data to focus efforts in the areas that will make the 
most significant loss reductions.
    The USFA publishes fire data on the national level through 
its National Fire Incident Reporting System (NFIRS). The NFIRS 
is the single largest collection of fire data in the world. It 
receives its information from local fire departments through 
participating state fire marshals. NFIRS represents the only 
centralized and uniform collection of fire data in the U.S.
    The USFA is developing a new system which will be Internet-
based. It will be a modular design, collecting data for all 
types of incidents in a basic module. Fire departments will be 
able to provide additional modules for fires, structure fires, 
wildland fires, hazardous materials incidents, firefighter and 
civilian casualties, apparatus and personnel.

Fire service training

    The USFA's focus on terrorism is to prepare firefighters 
through training. Last year, the USFA sponsored a counter-
terrorism training needs assessment symposium. Based on 
recommendations from the participants, the USFA initiated a 
plan for the development of four courses and one multi-incident 
exercise.
    The NFA provides national leadership for fire and emergency 
medical services personnel, and allied professionals through 
educational and training opportunities. The Academy offers 
training and educational programs at the Emmitsburg, MD campus 
and at sites throughout the country. Courses are targeted to 
middle andupper level managers, fire services trainers, 
technical professionals, and allied professionals. The NFA trained 
83,000 students in 1996 with a goal in the future of 300,000 per year. 
Many of the NFA courses have four applicants for each available slot.
    Distance education is viewed as the wave of the future for 
reaching more fire and emergency management personnel. This 
allows students greater flexibility in when, where, and how 
they receive training.

Technology and research, and firefighter health and safety

    The USFA has historically identified fire safety voids 
followed by corrective actions. After meeting with stakeholders 
from private industry, the fire service, and research 
organizations, it was agreed that the USFA would complete the 
needed research and then give the private industry the 
responsibility for product development and marketing of 
residential fire sprinklers.
    In 1996, the USFA completed the final review of the 
chemical guide and the response format of the Hazardous 
Material Guide for First Responders. It is currently conducting 
a comprehensive test and evaluation of the Guide involving 
2,000 first responders. Cost-effective options for distribution 
are being reviewed.
    As required by the Hotel-Motel Fire Safety Act of 1990, the 
USFA promotes fire and life safety by collecting, maintaining 
and publishing the master list of hotels and motels in 
compliance with the 1974 Fire Act. Many federal travelers have 
realized the protection afforded by staying in hotels and 
motels with adequate fire protection.
    Furthermore, the USFA has conducted research on improving 
protective clothing and equipment. They also offer information 
ranging from emergency vehicle operations to reports on major 
fire investigations. The USFA has conducted research on liquid 
fire extinguishing agents via an interagency agreement with the 
National Institute of Standards and Technology.

                             program issues

    The USFA is in the process of allowing the National Fallen 
Firefighters Foundation to have a more significant role in the 
annual Fallen Firefighters Memorial service. The Foundation 
would be responsible for the direction, planning, and overall 
management of the ceremony. The Committee plans as part of its 
on-going oversight activities to review the relationship of the 
USFA and the National Fallen Firefighters Foundation. This 
review will include possible amendments to the enabling 
legislation of the Foundation.
    Concerns have been raised that the USFA and NFA are 
``buried'' within the FEMA organization structure, thus losing 
the stature and visibility as the federal fire focus envisioned 
in the ``America Burning'' report and P.L. 93-498. Additional 
concerns have been expressed about whether the USFA, which 
places a strong emphasis on prevention, can thrive within an 
agency that has been dedicated more to emergency response and 
disaster control.

                          Legislative History

    On June 25, 1997, the Subcommittee on Science, Technology, 
and Space held a hearing, chaired by Senator Frist, on USFA 
activities and the President's budget request. The 
Administrator of the USFA, the Honorable Carrye Brown, 
testified at the hearing.
    On September 26, 1997, Senator Frist, Chairman of the 
Subcommittee on Science, Technology, and Space, introduced 
S.1231, a bill to authorize appropriations for the USFA for 
fiscal years 1998 and 1999 which was referred to the Committee 
on Commerce, Science, and Transportation. The bill is co-
sponsored by Senator McCain, Senator Hollings and Senator 
Rockefeller.
    On October 8, 1997, the Commerce Committee met in open 
executive session and, without objection, ordered S. 1231 to be 
reported without amendments.

                      Summary of Major Provisions

    S. 1231, as reported, amends the Federal Fire Prevention 
and Control Act. Section 1 extends the authorization of 
appropriations through FY 1999. Specifically, the FY 1998 
funding level for the USFA is $29,664,000, a 3.5 percent 
increase over the President's request. The USFA is authorized 
to receive $30,554,000 for FY 1999 which represents a 3 percent 
increase over the FY 1998 levels.
    Section 8 of the legislation requests a report from the 
Administrator of the USFA on the risks to firefighters in 
suppressing fires caused by burning tires. The report should 
include an assessment of any unique risks attributable to these 
types of fires, any special training needed by firefighters, 
and whether the USFA can provide this specialized training.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 29, 1997.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1231, the U.S. Fire 
Administration Authorization Act for Fiscal Years 1998 and 
1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kristen 
Layman.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               Congressional Budget Office Cost Estimate

S. 1231--United States Fire Administration Authorization Act for Fiscal 
        Years 1998 and 1999

    Summary: S. 1231 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. In addition, the bill would amend the Federal Fire 
Prevention and Control Act of 1974 to ensure that all 
references to the National Fire Protection Association 
standards are updated as changes to these standards are made. 
Finally, S. 1231 would require the USFA to compile two 
reports--one to describe USFA donations of educational 
equipment to schools and another to examine the risks that 
firefighters face in suppressing fires caused by burning tires.
    Assuming appropriation of the amounts authorized for 1998 
and 1999, CBO estimates that implementing the bill would result 
in new discretionary spending of approximately $60 million over 
the 1998-2002 period. Of that total, $29 million has already 
been appropriated for 1998.
    The legislation would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
S. 1231 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(UMRA) and would have no impact on the budgets of state, local, 
or tribal governments.
    Estimated cost to the Federal Government: For the purposes 
of this estimate, CBO assumes that the authorized amounts will 
be appropriated each year and that spending will occur at 
historical rates for the USFA. (For 1998, $29 million of the 
$30 million authorization has already been provided by Public 
Law 105-65.) The estimated budgetary impact of S. 1231 is shown 
in the following table. The costs of this legislation fall 
within budget function 450 (community and regional 
development).

                                     [By fiscal year, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                                        1997      1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
USFA spending under current law:                                                                                
    Budget authority \1\............................        31        29         0         0         0         0
    Estimated outlays...............................        29        30        14         4         1         0
Proposed changes:                                                                                               
    Authorization level.............................         0         1        31         0         0         0
    Estimated outlays...............................         0         0        19         7         4         1
USFA spending under S. 1231:                                                                                    
    Authorization level \1\.........................        31        30        31         0         0         0
    Estimated outlays...............................        29        30        33        11         5         1
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 and 1998 levels are the amounts appropriated for those years.                                      

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 1231 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no impact on the budgets of 
state, local, or tribal governments.
    Estimate prepared by: Kristen Layman.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of Rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.

                       Number of Persons Covered

    S. 1231, as reported, reauthorizes appropriations for the 
USFA for fiscal years 1998 and 1999. The USFA mission is to 
enhance the nation's fire prevention and control activities 
thereby significantly reducing the nation's loss of life while 
also achieving a reduction in property loss and nonfatal injury 
due to fire. The bill adds the latest versions of the National 
Fire Protection Standards to existing statutes. The result of 
continual funding for USFA may help to reduce the number of 
persons injured or killed by fires.

                            Economic Impact

    Providing for continual funding should mitigate loss of 
lives and property and associated private and Federal costs due 
to fires. The Committee believes that the bill will not subject 
any individuals or businesses affected by the bill to 
additional regulation.

                                Privacy

    This legislation will not have an adverse impact on the 
personal privacy of individuals.

                               Paperwork

    This legislation requires the Administrator of the USFA to 
submit a report to the Committee on Commerce, Science and 
Transportation of the Senate and the Committee on Science of 
the House of Representatives that examines the risks to 
firefighters in suppressing fires caused by burning tires, 
addresses any associated risks, identifies special training 
needs for firefighters, and addresses how the USFA can provide 
the necessary training identified. The legislation also 
requires the President to submit to Congress a report of any 
educationally useful equipment that has been donated to 
schools.

                      Section-by-Section Analysis

                        Section 1.--Short Title

    This section cites the short title of the reported bill as 
the ``United States Fire Administration Authorization Act for 
Fiscal Years 1998 and 1999.''

               Section 2. Authorization of Appropriations

    This section would extend the authorization for the USFA a 
total of $29,664,000 for fiscal year 1998 and a total of 
$30,544,000 for fiscal year 1999 for the programs and 
activities under the Federal Fire Prevention and Control Act of 
1974. These programs and activities include: collection, 
analysis, and dissemination of fire incidence and loss data; 
development and dissemination of public fire education 
materials; development and dissemination of better hazardous 
materials response information for first responders; support 
for research and development for fire safety technologies; and 
administration of the NFA, located in Emmitsburg, MD.

              Section 3.--Successor Fire Safety Standards

    This section would amend Section 29 of the Federal Fire 
Prevention and Control Act of 1974 to update the National Fire 
Protection Standards which are no longer current or have been 
given new designations.

         Section 4.--Termination or Privatization of Functions

    Section 4 would require the Administrator to inform 
Congress 60 days in advance of an effort to terminate or 
privatize any significant function of the USFA. Subsection (b) 
of this section would define a significant function as any 
function that requires the expenditure of more than five 
percent of the annually appropriated funds or the termination 
of more than five percent of the employees of the USFA.

                           Section 5.--Notice

    Section 5 would require notice to the Committee of 
reprogramming and reorganization. Specifically subsection (b) 
of this section would require notice of any reprogramming in 
which notice is given to the Appropriations Committees of the 
Senate and House of Representatives to be concurrently provided 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science of the House. 
Subsection (c) would require the Administrator to notify the 
Appropriations Committees of the Senate and the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science of 
the House of any major reorganization that is being prepared 
for any program, project, or activity of the USFA. Such notice 
would be required no later than 15 days prior to any action.

         Section 6.--Sense of Congress on the Year 2000 Problem

    This section expresses the sense of the Congress that the 
USFA should give high priority to correcting the Year 2000 
problem in all USFA computer systems to ensure effective 
operation in the year 2000 and beyond. The USFA 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 USFA also needs to begin 
consideration of contingency plans, in the event that certain 
systems are unable to be corrected in time.

      Section 7.--Enhancement of Science and Mathematics Programs

    This section expresses the sense of the Congress that the 
Administrator should donate educationally useful material to 
schools such that they may be used to enhance the science and 
mathematics programs at those schools. School is defined as a 
public or private educational institution that serves any of 
the grades of kindergarten through grade 12. Furthermore, the 
Administrator shall also report to the President any donations 
of federal equipment made to schools. The President shall 
include this report as part of the annual budget request to 
Congress.

                     Section 8.--Report to Congress

    Section 8 would require the Administrator to report on the 
risks to firefighters of fighting fires due to burning tires 
within 180 days of enactment of this Act. The report should 
address any unique risks such as exposure to toxic substances, 
personal protection, duration of fires, and any site hazards 
associated with these type of fires. The report should identify 
any special training that may be needed by firefighters and an 
assessment of how this training may be provided by the USFA. 
The Administrator would be required to submit the report to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science of the House of 
Representatives.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, 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) There are authorized to be appropriated to 
carry out the foregoing provisions of this Act, except as 
otherwise specifically provided, with respect to the payment of 
claims, under section 11 of this Act, an amount not to exceed 
$25,210,000 for the fiscal year ending September 30, 1980, 
which amount includes--
          (1) $4,781,000 for programs which are recommended in 
        the report submitted to the Congress by the 
        Administrator pursuant to section 24(b)(1);
          (2) $9,430,000 for the National Academy for Fire 
        Prevention and Control;
          (3) $307,000 for adjustments required by law in 
        salaries, pay, retirement, and employee benefits;
          (4) $500,000 for additional rural firefighting 
        technical assistance and information activities;
          (5) $500,000 for the study required by section 26 of 
        this Act; and
          (6) $110,000 for the study required by section 27 of 
        this Act.
    (b) There are authorized to be appropriated for the 
additional administrative expenses of the Federal Emergency 
Management Agency, which are related to this Act and which 
result from Reorganization Plan Numbered 3 of 1978 (submitted 
June 19, 1978) and related Executive orders, an amount not to 
exceed $600,000 for the fiscal year ending September 30, 1980.
    (c) There are authorized to be appropriated to carry out 
this Act, except as otherwise specifically provided with 
respect to the payment of claims under section 11 of this Act, 
an amount not to exceed $23,814,000 for the fiscal year ending 
September 30, 1981, which amount includes--
          (1) not less than $1,100,000 for the first year of a 
        three-year concentrated demonstration program of fire 
        prevention and control in two States with high fire 
        death rates;
          (2) not less than $2,575,000 for rural fire 
        prevention and control; and
          (3) not less than $4,255,000 for research and 
        development for the activities under section 18 of this 
        Act at the Fire Research Center of the National Bureau 
        of Standards, of which not less than $250,000 shall be 
        available for adjustments required by law in salaries, 
        pay, retirement, and employee benefits.
The funds authorized in paragraph (3) shall be in addition to 
funds authorized in any other law for research and development 
at the Fire Research Center.
    (d) Except as otherwise specifically provided with respect 
to the payment of claims under section 11 of this Act, to carry 
out the purposes of this Act, there are authorized to be 
appropriated--
          (1) $20,815,000 for the fiscal year ending September 
        30, 1982, and $23,312,800 for the fiscal year ending 
        September 30, 1983, which amount shall include--
                  (A) such sums as may be necessary for the 
                support of research and development at the Fire 
                Research Center of the National Bureau of 
                Standards under section 18 of this Act, which 
                sums shall be in addition to those funds 
                authorized to be appropriated under the 
                National Bureau of Standards Authorization Act 
                for fiscal years 1981 and 1982; and
                  (B) $654,000 for the fiscal year ending 
                September 30, 1982, and $732,480 for the fiscal 
                year ending September 30, 1983, for executive 
                direction by the Federal Emergency Management 
                Agency of program activities for which 
                appropriations are authorized by this 
                subsection; and
          (2) such further sums as may be necessary in each of 
        the fiscal years ending September 30, 1982, and 
        September 30, 1983, for adjustments required by law in 
        salaries, pay, retirement, and employee benefits 
        incurred in the conduct of activities for which funds 
        are authorized by paragraph (1) of this subsection.
The funds authorized under section 18 shall be in addition to 
funds authorized in any other law for research and development 
at the Fire Research Center of the National Bureau of 
Standards.
  (e) Except as otherwise specifically provided with respect to 
the payment of claims under section 11 of this Act, to carry 
out the purposes of this Act, there are authorized to be 
appropriated--
          (1) $15,720,000 for the fiscal year ending September 
        30, 1984, and $20,983,000 for the fiscal year ending 
        September 30, 1985; and
          (2) such further sums as may be necessary in each of 
        the fiscal years ending September 30, 1984, and 
        September 30, 1985, for adjustments required by law in 
        salaries, pay, retirement, and employee benefits 
        incurred in the conduct of activities for which funds 
        are authorized by paragraph (1) of this subsection.
The funds authorized under this subsection shall be in addition 
to funds authorized in any other law for research and 
development at the Fire Research Center of the National Bureau 
of Standards.
  (f) Except as otherwise specifically provided with respect to 
the payment of claims under section 11 of this Act, to carry 
out the purposes of this Act, there are authorized to be 
appropriated $22,037,000 for the fiscal year ending September 
30, 1986 and $18,300,000 for the fiscal year ending September 
30, 1987.
  (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.] 1994;
          (G) $29,664,000 for the fiscal year ending September 
        30, 1998; and
          (H) $30,554,000 for the fiscal year ending September 
        30, 1999.
  (2) Of the amounts referred to in paragraph (1), not more 
than $4,150,000 is authorized to be appropriated for each 
fiscal year for National Emergency Training Center site 
administration.
  (h) In addition to any other amounts that are authorized to 
be appropriated to carry out this Act, there are authorized to 
be appropriated to carry out this Act--
          (1) $500,000 for fiscal year 1995 for basic research 
        on the development of an advanced course on arson 
        prevention;
          (2) $2,000,000 for fiscal year 1996 for the expansion 
        of arson investigator training programs at the Academy 
        under section 24 and at the Federal Law Enforcement 
        Training Center, or through regional delivery sites;
          (3) $4,000,000 for each of fiscal years 1995 and 1996 
        for carrying out section 25, except for salaries and 
        expenses for carrying out section 25; and
          (4) $250,000 for each of the fiscal years 1995 and 
        1996 for salaries and expenses for carrying out section 
        25.

      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] 74, 
        or any successor standard to that standard, 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, or any 
        successor standard to that standard, whichever is 
        appropriate, in each place of public accommodation 
        affecting commerce except those places that are 3 
        stories or lower.
  (b) Exceptions.--
          (1) The requirement described in subsection (a)(2) 
        shall not apply to a place of public accommodation 
        affecting commerce with an automatic sprinkler system 
        installed before October 25, 1992, if the automatic 
        sprinkler system is installed in compliance with an 
        applicable standard (adopted by the governmental 
        authority having jurisdiction, and in effect, at the 
        time of installation) that required the placement of a 
        sprinkler head in the sleeping area of each guest room.
          (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.] 13-
        R, or any successor standard to that standard. In such 
        a case, the place of public accommodation affecting 
        commerce is exempt only from that specific provision.
  (c) Effect on State and local law.--The provisions of this 
section shall not be construed to limit the power of any State 
or political subdivision thereof to implement or enforce any 
law, rule, regulation, or standard concerning fire prevention 
and control.
  (d) Definitions.--For purposes of this section, the following 
definitions shall apply:
          (1) The term ``smoke detector'' means an alarm that 
        is designed to respond to the presence of visible or 
        invisible particles of combustion.
          (2) The term ``automatic sprinkler system'' means an 
        electronically supervised, integrated system of piping 
        to which sprinklers are attached in a systematic 
        pattern, and which, when activated by heat from a fire, 
        will protect human lives by discharging water over the 
        fire area, and by providing appropriate warning signals 
        (to the extent such signals are required by Federal, 
        State, or local laws or regulations) through the 
        building's fire alarm system.
          (3) The term ``governmental authority having 
        jurisdiction'' means the Federal, State, local, or 
        other governmental entity with statutory or regulatory 
        authority for the approval of fire safety systems, 
        equipment, installations, or procedures within a 
        specified locality.

          Fire safety systems in federally assisted buildings

  Sec. 31. (a) Definitions.--For purposes of this section, the 
following definitions apply:
          (1) The term ``affordable cost'' means the cost to a 
        Federal agency of leasing office space in a building 
        that is protected by an automatic sprinkler system or 
        equivalent level of safety, which cost is no more than 
        10 percent greater than the cost of leasing available 
        comparable office space in a building that is not so 
        protected.
          (2) The term ``automatic sprinkler system'' means an 
        electronically supervised, integrated system of piping 
        to which sprinklers are attached in a systematic 
        pattern, and which, when activated by heat from a 
        fire--
                  (A) will protect human lives by discharging 
                water over the fire area, in accordance with 
                the National Fire Protection Association 
                Standard 13, 13D, or 13R, whichever is 
                appropriate for the type of building and 
                occupancy being protected, or any successor 
                standard thereto; and
                  (B) includes an alarm signaling system with 
                appropriate warning signals (to the extent such 
                alarm systems and warning signals are required 
                by Federal, State, or local laws or 
                regulations) installed in accordance with the 
                National Fire Protection Association Standard 
                72, or any successor standard thereto.
          (3) The term ``equivalent level of safety'' means an 
        alternative design or system (which may include 
        automatic sprinkler systems), based upon fire 
        protection engineering analysis, which achieves a level 
        of safety equal to or greater than that provided by 
        automatic sprinkler systems.
          (4) The term ``Federal employee office building'' 
        means any office building in the United States, whether 
        owned or leased by the Federal Government, that is 
        regularly occupied by more than 25 full-time Federal 
        employees in the course of their employment.
          (5) The term ``housing assistance''--
                  (A) means assistance provided by the Federal 
                Government to be used in connection with the 
                provision of housing, that is provided in the 
                form of a grant, contract, loan, loan 
                guarantee, cooperative agreement, interest 
                subsidy, insurance, or direct appropriation; 
                and
                  (B) does not include assistance provided by 
                the Secretary of Veterans Affairs; the Federal 
                Emergency Management Agency; the Secretary of 
                Housing and Urban Development under the single 
                family mortgage insurance programs under the 
                National Housing Act or the homeownership 
                assistance program under section 235 of such 
                Act; the National Homeownership Trust; the 
                Federal Deposit Insurance Corporation under the 
                affordable housing program under section 40 of 
                the Federal Deposit Insurance Act; or the 
                Resolution Trust Corporation under the 
                affordable housing program under section 21A(c) 
                of the Federal Home Loan Bank Act.
          (6) The term ``hazardous areas'' means those areas in 
        a building referred to as hazardous areas in National 
        Fire Protection Association Standard 101, known as the 
        Life Safety Code, or any successor standard thereto.
          (7) The term ``multifamily property'' means--
                  (A) in the case of housing for Federal 
                employees or their dependents, a residential 
                building consisting of more than 2 residential 
                units that are under one roof; and
                  (B) in any other case, a residential building 
                consisting of more than 4 residential units 
                that are under one roof.
          (8) The term ``prefire plan'' means specific plans 
        for fire fighting activities at a property or location.
          (9) The term ``rebuilding'' means the repairing or 
        reconstructing of portions of a multifamily property 
        where the cost of the alterations is 70 percent or more 
        of the replacement cost of the completed multifamily 
        property, not including the value of the land on which 
        the multifamily property is located.
          (10) The term ``renovated'' means the repairing or 
        reconstructing of 50 percent or more of the current 
        value of a Federal employee office building, not 
        including the value of the land on which the Federal 
        employee office building is located.
          (11) The term ``smoke detectors'' means single or 
        multiple station, self-contained alarm devices designed 
        to respond to the presence of visible or invisible 
        particles of combustion, installed in accordance with 
        the National Fire Protection Association Standard 74 or 
        any successor standard thereto.
          (12) The term ``United States'' means the States 
        collectively.
  (b) Federal employee office buildings.--
          (1) (A) No Federal funds may be used for the 
        construction or purchase of a Federal employee office 
        building of 6 or more stories unless during the period 
        of occupancy by Federal employees the building is 
        protected by an automatic sprinkler system or 
        equivalent level of safety. No Federal funds may be 
        used for the construction or purchase of any other 
        Federal employee office building unless during the 
        period of occupancy by Federal employees the hazardous 
        areas of the building are protected by automatic 
        sprinkler systems or an equivalent level of safety.
          (B) (i) Except as provided in clause (ii), no Federal 
        funds may be used for the lease of a Federal employee 
        office building of 6 or more stories, where at least 
        some portion of the federally leased space is on the 
        sixth floor or above and at least 35,000 square feet of 
        space is federally occupied, unless during the period 
        of occupancy by Federal employees the entire Federal 
        employee office building is protected by an automatic 
        sprinkler system or equivalent level of safety. No 
        Federal funds may be used for the lease of any other 
        Federal employee office building unless during the 
        period of occupancy by Federal employees the hazardous 
        areas of the entire Federal employee office building 
        are protected by automatic sprinkler systems or an 
        equivalent level of safety.
          (ii) The first sentence of clause (i) shall not apply 
        to the lease of a building the construction of which is 
        completed before the date of enactment of this section 
        if the leasing agency certifies that no suitable 
        building with automatic sprinkler systems or an 
        equivalent level of safety is available at an 
        affordable cost.
          (iii) [Deleted]
          (2) Paragraph (1) shall not apply to--
                  (A) a Federal employee office building that 
                was owned by the Federal Government before the 
                date of enactment of this section;
                  (B) space leased in a Federal employee office 
                building if the space was leased by the Federal 
                Government before such date of enactment;
                  (C) space leased on a temporary basis for not 
                longer than 6 months;
                  (D) a Federal employee office building that 
                becomes a Federal employee office building 
                pursuant to a commitment to move Federal 
                employees into the building that is made prior 
                to such date of enactment; or
                  (E) a Federal employee office building that 
                is owned or managed by the Resolution Trust 
                Corporation.

        Nothing in this subsection shall require the 
        installation of an automatic sprinkler system or 
        equivalent level of safety by reason of the leasing, 
        after such date of enactment, of space below the sixth 
        floor in a Federal employee office building.
          (3) No Federal funds may be used for the renovation 
        of a Federal employee office building of 6 or more 
        stories that is owned by the Federal Government unless 
        after that renovation the Federal employee office 
        building is protected by an automatic sprinkler system 
        or equivalent level of safety. No Federal funds may be 
        used for the renovation of any other Federal employee 
        office building that is owned by the Federal Government 
        unless after that renovation the hazardous areas of 
theFederal employee office building are protected by automatic 
sprinkler systems or an equivalent level of safety.
          (4) No Federal funds may be used for entering into or 
        renewing a lease of a Federal employee office building 
        of 6 or more stories that is renovated after the date 
        of enactment of this section, where at least some 
        portion of the federally leased space is on the sixth 
        floor or above and at least 35,000 square feet of space 
        is federally occupied, unless after that renovation the 
        Federal employee office building is protected by an 
        automatic sprinkler system or equivalent level of 
        safety. No Federal funds may be used for entering into 
        or renewing a lease of any other Federal employee 
        office building that is renovated after such date of 
        enactment of this section, unless after that renovation 
        the hazardous areas of the Federal employee office 
        building are protected by automatic sprinkler systems 
        or an equivalent level of safety.
    (c) Housing.--
          (1) (A) Except as otherwise provided in this 
        paragraph, no Federal funds may be used for the 
        construction, purchase, lease, or operation by the 
        Federal Government of housing in the United States for 
        Federal employees or their dependents unless--
                  (i) in the case of a multifamily property 
                acquired or rebuilt by the Federal Government 
                after the date of enactment of this section, 
                the housing is protected, before occupancy by 
                Federal employees or their dependents, by an 
                automatic sprinkler system (or equivalent level 
                of safety) and hard-wired smoke detectors; and
                  (ii) in the case of any other housing, the 
                housing, before--
                          (I) occupancy by the first Federal 
                        employees (or their dependents) who do 
                        not occupy such housing as of such date 
                        of enactment; or
                          (II) the expiration of 3 years after 
                        such date of enactment,
                whichever occurs first, is protected by hard-
                wired smoke detectors.
          (B) Nothing in this paragraph shall be construed to 
        supersede any guidelines or requirements applicable to 
        housing for Federal employees that call for a higher 
        level of fire safety protection than is required under 
        this paragraph.
          (C) Housing covered by this paragraph that does not 
        have an adequate and reliable electrical system shall 
        not be subject to the requirement under subparagraph 
        (A) for protection by hard-wired smoke detectors, but 
        shall be protected by battery operated smoke detectors.
          (D) If funding has been programmed or designated for 
        the demolition of housing covered by this paragraph, 
        such housing shall not be subject to the fire 
        protection requirements of subparagraph (A), but shall 
        be protected by battery operated smoke detectors.
          (2) (A) (i) Housing assistance may not be used in 
        connection with any newly constructed multifamily 
        property, unless after the new construction the 
        multifamily property is protected by an automatic 
        sprinkler system and hard-wired smoke detectors.
          (ii) For purposes of clause (i), the term ``newly 
        constructed multifamily property'' means a multifamily 
        property of 4 or more stories above ground level--
                  (I) that is newly constructed after the date 
                of enactment of this section; and
                  (II) for which (a) housing assistance is used 
                for such new construction, or (b) a binding 
                commitment is made, before commencement of such 
                construction, to provide housing assistance for 
                the newly constructed property.
          (iii) Clause (i) shall not apply to any multifamily 
        property for which, before such date of enactment, a 
        binding commitment is made to provide housing 
        assistance for the new construction of the property or 
        for the newly constructed property.
          (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 to that 
        standard, 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 to that standard, the requirement under clause 
        (i) shall not apply with respect to such specific 
        provision.
          (iii) For purposes of this subparagraph, the term 
        ``rebuilt multifamily property'' means a multifamily 
        property of 4 or more stories above ground level--
                  (I) that is rebuilt after the last day of the 
                second fiscal year that ends after the date of 
                enactment of this section; and
                  (II) for which (a) housing assistance is used 
                for such rebuilding, or (b) a binding 
                commitment is made, before commencement of such 
                rebuilding, to provide housing assistance for 
                the rebuilt property.
          (C) After the expiration of the 180-day period 
        beginning on the date of enactment of this section, 
        housing assistance may not be used in connection with 
        any other dwelling unit, unless the unit is protected 
        by a hard-wired or battery-operated smoke detector. For 
        purposes of this subparagraph, housing assistance shall 
        be considered to be used in connection with a 
        particular dwelling unit only if such assistance is 
        provided (i) for the particular unit, in the case of 
        assistance provided on a unit-by-unit basis, or (ii) 
        for the multifamily property in whichthe unit is 
located, in the case of assistance provided on a structure-by-structure 
basis.
  (d) Regulations.--The Administrator of General Services, in 
cooperation with the United States Fire Administration, the 
National Institute of Standards and Technology, and the 
Department of Defense, within 2 years after the date of 
enactment of this section, shall promulgate regulations to 
further define the term ``equivalent level of safety'', and 
shall, to the extent practicable, base those regulations on 
nationally recognized codes.
  (e) State and Local Authority Not Limited.--Nothing in this 
section shall be construed to limit the power of any State or 
political subdivision thereof to implement or enforce any law, 
rule, regulation, or standard that establishes requirements 
concerning fire prevention and control. Nothing in this section 
shall be construed to reduce fire resistance requirements which 
otherwise would have been required.
  (f) Prefire Plan.--The head of any Federal agency that owns, 
leases, or operates a building or housing unit with Federal 
funds shall invite the local agency or voluntary organization 
having responsibility for fire protection in the jurisdiction 
where the building or housing unit is located to prepare, and 
biennially review, a prefire plan for the building or housing 
unit.
  (g) Reports to Congress.--
          (1) Within 3 years after the date of enactment of 
        this section, and every 3 years thereafter, the 
        Administrator of General Services shall transmit to 
        Congress a report on the level of fire safety in 
        Federal employee office buildings subject to fire 
        safety requirements under this section. Such report 
        shall contain a description of such buildings for each 
        Federal agency.
          (2) Within 10 years after the date of enactment of 
        this section, each Federal agency providing housing to 
        Federal employees or housing assistance shall submit a 
        report to Congress on the progress of that agency in 
        implementing subsection (c) and on plans for continuing 
        such implementation.
          (3) (A) The National Institute of Standards and 
        Technology shall conduct a study and submit a report to 
        Congress on the use, in combination, of fire detection 
        systems, fire suppression systems, and 
        compartmentation. Such study shall--
                  (i) quantify performance and reliability for 
                fire detection systems, fire suppression 
                systems, and compartmentation, including a 
                field assessment of performance and 
                determination of conditions under which a 
                reduction or elimination of 1 or more of those 
                systems would result in an unacceptable risk of 
                fire loss; and
                  (ii) include a comparative analysis and 
                compartmentation using fire resistive materials 
                and compartmentation using noncombustible 
                materials.
          (B) The National Institute of Standards and 
        Technology shall obtain funding from non-Federal 
        sources in an amount equal to 25 percent of the cost of 
        the study required by subparagraph (A). Funding for the 
        National Institute of Standards and Technology for 
        carrying out such study shall be derived from amounts 
        otherwise authorized to be appropriated, for the 
        Building and Fire Research Center at the National 
        Institute of Standards and Technology, not to exceed 
        $750,000. The study shall commence until receipt of all 
        matching funds from non-Federal sources. The scope and 
        extent of the study shall be determined by the level of 
        project funding. The Institute shall submit a report to 
        Congress on the study within 30 months after the date 
        of enactment of this section.
  (h) Relation to Other Requirements.--In the implementation of 
this section, the process for meeting space needs in urban 
areas shall continue to give first consideration to a 
centralized community business area and adjacent areas of 
similar character to the extent of any Federal requirement 
therefor.

                                
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