[Senate Report 115-441]
[From the U.S. Government Publishing Office]
Calendar No. 712
115th Congress} { Report
SENATE
2d Session } { 115-441
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WILDFIRE MANAGEMENT TECHNOLOGY ADVANCEMENT ACT OF 2018
_______
December 19, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 2290]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2290) to improve wildfire management
operations and the safety of firefighters and communities with
the best available technology, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
The amendment is as follows:
1. Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Management Technology
Advancement Act of 2018''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote the use of the best available
technology to enhance the effective and cost-efficient response to
wildfires--
(1) to meet applicable protection objectives; and
(2) to increase the safety of--
(A) firefighters; and
(B) the public.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture; and
(B) the Secretary of the Interior.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
activities under the Department of Agriculture; and
(B) the Secretary of the Interior, with respect to
activities under the Department of the Interior.
SEC. 4. UNMANNED AIRCRAFT SYSTEMS.
(a) Definitions.--In this section, the terms ``unmanned aircraft''
and ``unmanned aircraft system'' have the meanings given those terms in
section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
40101 note; Public Law 112-95).
(b) Establishment of Program.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the Interior, in
consultation with the Secretary of Agriculture, shall establish a
research, development, and testing program, or expand an applicable
existing program, to assess unmanned aircraft system technologies,
including optionally piloted aircraft, across the full range of
wildland fire management operations in order to accelerate the
deployment and integration of those technologies into the operations of
the Secretaries.
(c) Expanding Use of Unmanned Aircraft Systems on Wildfires.--Not
later than 1 year after the date of enactment of this Act, the
Secretaries, in coordination with State wildland firefighting agencies
and other relevant Federal agencies, shall enter into an agreement
under which the Secretaries shall develop consistent protocols and
plans for the use on wildland fires of unmanned aircraft system
technologies, including for the development of real-time maps of the
location of wildland fires.
SEC. 5. LOCATION SYSTEMS FOR WILDLAND FIREFIGHTERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, subject to the availability of appropriations, the
Secretaries, in coordination with State wildland firefighting agencies,
shall jointly develop and operate a tracking system (referred to in
this section as the ``system'') to remotely locate the positions of
fire resources, including, at a minimum, any fire resources assigned to
Federal type 1 wildland fire incident management teams.
(b) Requirements.--The system shall--
(1) use technology available to the Secretaries to remotely
track the location of an active resource, such as a Global
Positioning System;
(2) depict the location of each fire resource on the
applicable maps developed under section 4(c); and
(3) operate continuously during the period for which any
firefighting personnel are assigned to the applicable Federal
wildland fire.
(c) Operation.--The Secretary concerned shall--
(1) before commencing operation of the system--
(A) conduct not fewer than 2 pilot projects relating
to the system; and
(B) review the results of those pilot projects; and
(2) conduct training, and maintain a culture, such that an
employee, officer, or contractor shall not rely on the system
for safety.
SEC. 6. WILDLAND FIRE DECISION SUPPORT.
(a) Protocol.--To the maximum extent practicable, the Secretaries
shall ensure that wildland fire management activities conducted by the
Secretaries, or conducted jointly by the Secretaries and State wildland
firefighting agencies, achieve compliance with applicable incident
management objectives in a manner that--
(1) minimizes firefighter exposure to the lowest level
necessary; and
(2) reduces overall costs of wildfire incidents.
(b) Wildfire Decision Support System.--
(1) In general.--The Secretaries, in coordination with State
wildland firefighting agencies, shall establish a system to
track and monitor decisions made by the Secretaries or State
wildland firefighting agencies in managing wildfires.
(2) Components.--The system established under paragraph (1)
shall be able to alert the Secretaries if--
(A) unusual costs are incurred;
(B) an action to be carried out would likely--
(i) endanger the safety of a firefighter; or
(ii) be ineffective in meeting an applicable
suppression or protection goal; or
(C) a decision regarding the management of a wildfire
deviates from--
(i) an applicable protocol established by the
Secretaries, including the requirement under
subsection (a); or
(ii) an applicable spatial fire management
plan or fire management plan of the Secretary
concerned.
SEC. 7. SMOKE PROJECTIONS FROM ACTIVE WILDLAND FIRES.
The Secretaries shall establish a program, to be known as the
``Interagency Wildland Fire Air Quality Response Program'', under which
the Secretary concerned--
(1) to the maximum extent practicable, shall assign a team of
air resource advisors to a type 1 incident management team
managing a wildland fire; and
(2) may assign a team of air resource advisors to a type 2
incident management team managing a wildland fire.
SEC. 8. FIREFIGHTER INJURIES DATABASE.
(a) In General.--Section 9(a) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2208(a)) is amended--
(1) in paragraph (2), by inserting ``, categorized by the
type of fire'' after ``such injuries and deaths''; and
(2) in paragraph (3), by striking ``activities;'' and
inserting the following: ``activities, including--
``(A) all injuries sustained by a firefighter and
treated by a doctor, categorized by the type of
firefighter;
``(B) all deaths sustained while undergoing a pack
test or preparing for a work capacity;
``(C) all injuries or deaths resulting from vehicle
accidents; and
``(D) all injuries or deaths resulting from aircraft
crashes;''.
(b) Use of Existing Data Gathering and Analysis Organizations.--
Section 9(b)(3) of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2208(b)(3)) is amended, by inserting ``, including the
Center for Firefighter Injury Research and Safety Trends'' after
``public and private''.
(c) Medical Privacy of Firefighters.--Section 9 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by
adding at the end the following:
``(e) Medical Privacy of Firefighters.--The collection, storage,
and transfer of any medical data collected under this section shall be
conducted in accordance with--
``(1) the privacy regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. 1320d-2 note; Public Law 104-191); and
``(2) other applicable regulations, including parts 160, 162,
and 164 of title 45, Code of Federal Regulations (as in effect
on the date of enactment of this subsection).''.
SEC. 9. RAPID RESPONSE EROSION DATABASE.
(a) In General.--The Secretaries, in consultation with the
Administrator of the National Aeronautics and Space Administration,
shall establish and maintain a database, to be known as the ``Rapid
Response Erosion Database'' (referred to in this section as the
``Database'').
(b) Open-source Database.--
(1) Availability.--The Secretaries shall make the Database
(including the original source code)--
(A) web-based; and
(B) available without charge.
(2) Components.--The Database shall provide for--
(A) the automatic incorporation of spatial data
relating to vegetation, soils, and elevation into an
applicable map created by the Secretary concerned that
depicts the changes in land-cover and soil properties
caused by a wildland fire; and
(B) the generation of a composite map that can be
used by the Secretary concerned to model the
effectiveness of treatments in the burned area to
prevent flooding, erosion, and landslides under a range
of weather scenarios.
(c) Use.--The Secretary concerned shall use the Database, as
applicable, in developing recommendations for emergency stabilization
treatments or modifications to drainage structures to protect values-
at-risk following a wildland fire.
(d) Coordination.--The Secretaries may share the Database, and any
results generated in using the Database, with any State or unit of
local government.
SEC. 10. PREDICTING WHERE WILDFIRES WILL START.
(a) In General.--The Secretaries, in consultation with the
Administrator of the National Aeronautics and Space Administration and
the Secretary of Energy, through the capabilities and assets located at
the National Laboratories, shall establish and maintain a system to
predict the locations of future wildfires for fire-prone areas of the
United States.
(b) Cooperation; Components.--The system established under
subsection (a) shall--
(1) be based on, and enhance, similar systems in existence on
the date of enactment of this Act, including the Fire Danger
Assessment System; and
(2) use a combination of soil moisture levels, precipitation
patterns, topography, fuels growth and availability, ignition
risks, and temperatures to calculate probabilities of wildfires
igniting or burning in fire-prone areas of the United States.
(c) Use in Forecasts.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall use the system established
under subsection (a), to the maximum extent practicable, for purposes
of developing any wildland fire potential forecasts.
(d) Coordination.--The Secretaries may share the system established
under subsection (a), and any results generated in using the system,
with any State or unit of local government.
SEC. 11. STUDY ON AIRCRAFT OPERATING AT NIGHT.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, subject to the availability of appropriations, the
Secretaries shall conduct a study to determine the feasibility of
operating aircraft at night when managing wildland fires.
(b) Partnerships.--In conducting the study under subsection (a),
the Secretaries may enter into a partnership with any State center of
excellence with experience relating to aerial firefighting.
SEC. 12. TERMINATION OF AUTHORITY.
The authority provided by this Act terminates on the date that is
10 years after the date of enactment of this Act.
Purpose
The purpose of S. 2290 is to promote the use of the best
available technology to enhance the effective and cost-
efficient response to wildfires to meet applicable protection
objectives and to increase the safety of firefighters and the
public.
Background and Need
Since 1910, there have been more than 1,000 firefighter
deaths while working on wildland fires, 255 of which have
occurred in the last 15 years.\1\ From the 1950s to the late
1990s, wildfires consumed one to three million acres of land
per year in the United States; in a bad fire year, five million
acres of land burned. However, in two out of the past three
years, wildfires consumed over 10 million acres of land.\2\
Last year, over 12,000 structures were destroyed by wildfires--
over 8,000 of those structures were people's homes.\3\ And as a
result of the growing wildland-urban interface, approximately
76,000 communities nationwide are now at-risk from
wildfires.\4\
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\1\National Wildfire Coordinating Group Risk Management Committee,
``Wildland Fire Fatalities by Year,'' Historical Wildland Firefighter
Fatality Reports, National Interagency Fire Center.
\2\National Interagency Coordination Center, ``Total Wildland Fires
and Acres (1926-2017),'' National Interagency Fire Center: Fire
Information Statistics.
\3\National Interagency Coordination Center, ``Wildland Fire
Summary and Statistics Annual Report, 2017,'' National Interagency Fire
Center: Fire and Aviation Management Web Applications.
\4\National Association of State Foresters, ``Communities at Risk
Report Fiscal Year 2015,'' May 2016.
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To keep up with the increasing severity and complexity of
fires, fire managers are turning to new tools. Technological
advances and innovation are transforming the way that wildland
fires are being fought. As technology, like drones or fire
mapping, becomes more readily available and sophisticated, fire
managers are integrating those platforms into their responses,
which improves the safety and welfare of firefighters and
affected communities.
For example, unmanned aircraft systems (UASs), commonly
known as drones, are increasingly being used by fire managers
for reconnaissance of wildfires and to assist individual
firefighters. UASs are capable of mapping fire perimeters,
assessing fire behavior, and detecting spot fires--all of which
contribute to firefighter safety. UASs enable a complete aerial
picture of a wildfire to be generated quickly, cost-
effectively, and without endangering firefighters.
Knowing the locations of fire crews and resources is also
important information. Firefighter fatality reports have
suggested that if fire managers would have known the locations
of firefighters in relationship to the wildfire, lives of
firefighters could have been saved. In 2015, Barton Rye, a
Department of the Interior employee, received the National Fire
Safety Award for using GPS locators to map, track, and monitor
the locations of multiple firefighters on a large wildland
fire. Those locators saved the life of a disoriented
firefighter.\5\ Firefighter organizations have been calling for
agencies to use this technology nationally to increase the
safety of wildland firefighters. In 2017, the Center of
Excellence for Advanced Technology Aerial Firefighting (Center)
published an analysis that showed the cost of purchasing and
operating a commercially available GPS locator ranged from
$200-$800 per year. The analysis evaluated several platforms
commercially available, confirming their ability to be used by
wildland firefighters in a variety of situations.\6\ The Forest
Service recently purchased 6,000 units\7\ and CAL FIRE has
purchased 1,200 units; however, these units are not
interoperable.\8\
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\5\U.S. Fish and Wildlife Service, ``Fire Management Annual Report,
Fiscal Year 2015,'' National Interagency Fire Center.
\6\Center of Excellence for Advanced Technology Aerial
Firefighting, ``Satellite Messenger Evaluation for Wildland Fire
Management'', Colorado Department of Public Safety: CoE-17-005.1,
December 2017.
\7\Holdsambeck, Steve, ``Schoolhouse Fire ATV Fatality: Learning
Review Report,'' Santa Fe National Forest, August 2013.
\8\Gabbert, Bill, ``CAL FIRE to Procure Mobile Data Systems with
Location Tracking Capability,'' Wildfire Today, February 2018.
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On August 3, 2017, the Committee on Energy and Natural
Resources held an oversight hearing on the use of technology to
reduce the risks posed by wildfires to firefighters and
communities. During that hearing, the Committee received
testimony on the availability of technologies developed by
Federal agencies without a firefighting mandate that can be of
use to the firefighting agencies. One such technology, called
the Rapid Response Erosion Database, shortens the time required
to place emergency stabilization measures in order to prevent
landslides that can occur with rain after wildfires. The Fire
Danger Assessment System, another technology developed by the
National Aeronautics and Space Administration (NASA), would
enable seasonal wildfire forecasts to be produced at a finer
resolution than at which they are currently produced.
Another emerging technology relates to air quality. Air
quality in areas experiencing wildfires has become an
increasing concern in the last several years, impacting public
health and local economies. In the 1990s, Forest Service
scientists developed the BlueSky Smoke Modeling Framework,
which is used to understand and predict what is going to happen
with smoke from particular wildfires. Over the last several
years, the Forest Service has started to provide smoke
forecasts for large wildfires and is seeking to expand this
service.
Decision-making in the course of managing wildland fires is
a science unto itself. The Forest Service developed the
Wildland Fire Decision Support System (WFDSS) in 2009 to guide
decision-makers during complex wildland fires.\9\ Over the last
couple years, Forest Service researchers have called for an
increase in the documentation of decisions made on wildland
fires in order to bring firefighting costs down and make it
safer for firefighters.\10\ While WFDSS has been helpful,
collecting and reviewing documented decisions will help fire
managers make better decisions and determine if suppression
resources will be effective.
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\9\Calkin, David E. and others, ``A Real-time Risk Assessment Tool
Supporting Wildland Fire Decisionmaking,'' Journal of Forestry, July
2011.
\10\Banegas, Diane, ``Why Big Blazes are Burning up Budgets and
Landscapes,'' Research and Development, Forest Service (July 21, 2017).
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While firefighter safety is the top priority for fire
managers, injuries and fatalities among wildland firefighters
appear to be increasing. While the Federal Fire Prevention and
Control Act of 1974 (FFPCA, 15 U.S.C. 2201 et seq.) established
a database for tracking injuries and deaths among structural
firefighters, the database does not track incidents for
wildland firefighters. Knowing the rates of occurrence and
reasons for injuries among wildland firefighters will help
managers identify reforms and training needs that will prevent
future injuries.
In 2014, Federal, State, Tribal, and local governments
issued the ``National Cohesive Wildland Management Strategy,''
which provided a management framework designed to more fully
integrate fire management efforts across jurisdictions.\11\ S.
2290 aims to build upon that national strategy, and the
technologies and ideas that were shared during the August 2017
hearing. The bill codifies many programs that are in their
initial stages of deployment and encourages firefighting
agencies to continue to mature them.
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\11\U.S. Departments of the Interior and Agriculture, ``The
National Strategy: The Final Phase of the Development of the National
Cohesive Wildland Fire Management Strategy,'' April 2014.
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Legislative History
Senator Cantwell introduced S. 2290 on January 10, 2018.
The Senate Committee on Energy and Natural Resources met in
open business session on October 2, 2018, and ordered S. 2290
favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
2290, if amended as described herein.
Committee Amendment
During its consideration of S. 2290, the Committee adopted
an amendment in the nature of a substitute (ANS). The ANS
clarifies that the purpose of the legislation is to use the
best available technology when responding to wildland fires and
to increase the safety of firefighters and the public. The
substitute amendment also modifies the definitions to only
define the terms ``Secretary of the Interior'' and ``Secretary
of Agriculture.''
The ANS modifies section 4 to only require the Secretaries
to accelerate and promote the use of UASs and to direct the
Secretaries to develop regulations and protocol, rather than
requiring certain protocols. The substitute amendment further
requires the UAS technologies to be used for fire risk mapping.
The ANS strikes the original section 6, relating to fire
risk mapping. The substitute amendment also redesignates the
original section 7 as section 6 and renames it to ``Wildland
Fire Decision Support.''
The ANS redesignates the original section 8 as section 7
and strikes subsections (b) and (c) relating to the duties of
an air resource advisor and public dissemination of smoke
projections. The substitute amendment also strikes the original
section 9, relating to reverse 911 telecommunications systems.
The ANS redesignates the original section 10 as section 8.
It further strikes the provisions requiring that data be
collected on total costs incurred in response to a wildland
fire by a type 1 or type 2 management incident team and the
total number of structures lost during a fire.
The ANS redesignates the original section 11 as section 9.
It further modifies the uses of the data collected in the Rapid
Response Erosion Database.
The ANS strikes the original section 12, relating to
research for effectiveness and standards. The substitute
amendment redesignates the original section 13 as section 10.
It further modifies the section to allow the Secretaries to
share the data with State and local governments.
The ANS also redesignates the original sections 14 and 15
as sections 11 and 12, respectively.
Section-by-Section Analysis
Sec. 1. Short title
Section 1 provides a short title.
Sec. 2. Purpose
Section 2 provides the purpose of the bill.
Sec. 3. Definitions
Section 3 defines key terms.
Sec. 4. Unmanned aircraft systems
Subsection (a) defines the terms ``unmanned aircraft'' and
``unmanned aircraft systems.''
Subsection (b) directs the Secretary of the Interior, in
consultation with the Secretary of Agriculture, to establish a
research, development, and testing program, or to expand an
existing program, within 180 days of the Act's enactment, to
assess UAS technologies in wildland fire management operations,
so that the deployment and integration of those technologies
can be accelerated.
Subsection (c) directs the Secretaries in coordination with
State wildland firefighting agencies and other relevant Federal
agencies, within one year of the Act's enactment, to enter in
an agreement to develop consistent protocols for the use of UAS
technologies in wildland fire response, including real-time
fire mapping.
Sec. 5. Location systems for wildland firefighters
Subsection (a) directs the Secretaries, in coordination
with State wildland firefighting agencies, to develop and
operate jointly a tracking system, within one year of the Act's
enactment, to track fire resources remotely. At a minimum, the
system shall be able to track resources assigned to Federal
type 1 wildland fire incident management teams. This subsection
is subject to the availability of appropriations.
Subsection (b) requires the Secretaries to use available
technology, such as a Global Positioning System, to locate each
fire resource on a map, and to operate continuously while
firefighters are assigned to Federal wildland fires.
Subsection (c) requires the Secretary concerned to conduct
at least two pilot projects for the tracking system and to
conduct trainings to ensure that personnel do not rely on the
tracking system for safety purposes.
Sec. 6. Wildland fire decision support
Subsection (a) requires the Secretaries to ensure that any
activities conducted for wildland fire management minimize
firefighter exposure and reduce the overall cost of wildfire
incidents.
Subsection (b) requires the Secretaries, in coordination
with State wildland firefighting agencies, to establish a
system to track and monitor decisions made in response to a
wildland fire. Subsection (b) further requires that the system
be able to alert the Secretaries if (1) unusual costs are
incurred; (2) an action would likely endanger the safety of
firefighters or result in an ineffective outcome; or (3) if a
decision deviates from applicable protocols or spatial fire
management plans.
Sec. 7. Smoke projections from active wildland fires
Section 7 directs the Secretaries to establish the
``Interagency Wildland Fire Air Quality Response Program.''
That program shall, to the maximum extent practicable, assign a
team of air resource advisors to a type 1 incident management
team, and may assign a team to a type 2 incident management
team.
Sec. 8. Firefighter injuries database
Subsection (a) amends the FFPCA to require the firefighter
injuries database to evaluate (1) what type of fire led to an
injury or death; (2) any deaths sustained while training or
preparing for a wildland fire; and (3) injuries or deaths
resulting from vehicle accidents or aircraft crashes.
Subsection (b) amends the FFPCA to authorize the National
Fire Data Center to use data collected by the Center for
Firefighter Injury Research and Safety Trends.
Subsection (c) amends the FFPCA to require any data
collected under this section to comply with privacy regulations
under the Health Insurance Portability and Accountability Act
of 1996 (42 U.S.C. 1320d-2 note) and 45 C.F.R. 160, 162, and
164.
Sec. 9. Rapid Response Erosion Database
Subsection (a) requires the Secretaries, in consultation
with the Administrator of NASA, to establish the ``Rapid
Response Erosion Database.''
Subsection (b) requires the Database to be available on the
internet at no charge. Subsection (b) further requires that the
Database automatically incorporate spatial data showing changes
in land-cover and soil properties and that the Database produce
a map that assists with modeling the effectiveness of
treatments to prevent flooding, erosion, and landslides.
Sec. 10. Predicting where wildfires will start
Subsection (a) directs the Secretaries, in consultation
with the NASA Administrator and the Secretary of Energy, to
establish a system to predict the location of future wildfires.
Subsection (b) requires that the system be based on similar
existing systems, including the Fire Danger Assessment System,
and use a combination of meteorological, topographical,
environmental, and biological data to calculate the probability
of a wildfire igniting in a given area.
Subsection (c) requires the Secretaries to use the system
within one year of the Act's enactment to forecast wildland
fire potential.
Subsection (d) authorizes the Secretaries to share the data
and forecasts with State and local governments.
Sec. 11. Study on aircraft operating at night
Subsection (a) directs the Secretaries, subject to the
availability of appropriations, to conduct a study of the
feasibility of having aircraft operate at night during wildland
fires.
Subsection (b) authorizes the Secretaries to enter into
partnerships with State centers of excellence that have
experience with aerial firefighting.
Sec. 12. Termination of authority
Section 12 terminates the authorities provided in this
legislation 10 years after enactment.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 2290 would mostly codify programs managed by the Forest
Service and the Bureau of Land Management that respond to
wildfires and seek to prevent them. The bill also would direct
the Federal Emergency Management Agency to collect data related
to injuries and deaths of firefighters. Under the bill, the
authority to operate those programs would expire after 10
years.
Using information from the Forest Service, CBO estimates
that implementing S. 2290 would have no significant cost to the
Federal government in any year.
Enacting S. 2290 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 2290 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 2290 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2290. The bill is not a regulatory measure in
the sense of imposing government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2290, as ordered reported.
Congressionally Directed Spending
S. 2290, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The Committee did not request executive communications for
S. 2290.
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
S. 2290, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
THE FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974
Public Law 93-498, as amended
An Act to reduce loses of life and property through better fire
prevention and control, and for other purposes.
* * * * * * *
NATIONAL FIRE DATA CENTER
Sec. 9. (a) General.--The Administrator shall operate,
directly or through contracts or grants, an integrated,
comprehensive National Fire Data Center for the selection,
analysis, publication, and dissemination of information related
to the prevention, occurrence, control, and results of fires of
all types. The program of such Data Center shall be designed to
(1) provide an accurate nationwide analysis of the fire
problem, (2) identify major problem areas, (3) assist in
setting priorities, (4) determine possible solutions to
problems, and (5) monitor the progress of programs to reduce
fire losses. To carry out these functions, the Data Center
shall gather and analyze
(1) information on the frequency, causes, spread, and
extinguishment of fires;
(2) information on the number of injuries and deaths
resulting from fires, including the maximum available
information on the specific causes and nature of such
injuries and deaths, categorized by the type of fire,
and information on property losses;
(3) information on the occupational hazards faced by
firefighters, including the causes of deaths and
injuries arising, directly and indirectly, from
firefighting [activities;] activities, including--
(A) all injuries sustained by a firefighter
and treated by a doctor, categorized by the
type of firefighter;
(B) all deaths sustained while undergoing a
pack test or preparing for a work capacity;
(C) all injuries or deaths resulting from
vehicle accidents; and
(D) all injuries or deaths resulting from
aircraft crashes;
(4) information on all types of firefighting
activities, including inspection practices;
(5) technical information related to building
construction, fire properties of materials, and similar
information;
(6) information on fire prevention and control laws,
systems, methods, techniques, and administrative
structures used in foreign nations;
(7) information on the causes, behavior, and best
method of control of other types of fire, including,
but not limited to, forest fires, brush fires, fire
underground, oil blow-out fires, and water-borne fires;
and
(8) such other information and data as is deemed
useful and applicable.
(b) Methods.--In carrying out the program of the Data
Center, the Administrator is authorized to--
(1) develop standardized data reporting methods;
(2) encourage and assist Federal, State, local, and
other agencies, public and private, in developing and
reporting information; and
(3) make full use of existing data gathering and
analysis organizations, both public and private,
including the Center for Firefighter Injury Research
and Safety Trends.
(c) Dissemination of Fire Data.--The Administrator shall
insure dissemination to the maximum extent possible of fire
data collected and developed by the Data Center, and shall make
such data, information, and analysis available in appropriate
form to Federal agencies, State and local governments, private
organizations, industry, business, and other interested
persons.
(d) National Fire Incident Reporting System Update.--The
Administrator shall update the National Fire Incident Reporting
System to ensure that the information in the system is
available, and can be updated, through the Internet and in real
time.
(e) Medical Privacy of Firefighters.--The collection,
storage, and transfer of any medical data collected under this
section shall be conducted in accordance with--
(1) the privacy regulations promulgated under section
264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note;
Public Law 104-191); and
(2) all other applicable regulations, including parts
160, 162, and 164 of title 45, Code of Federal
Regulations (as in effect on the date of enactment of
this subsection).
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