[House Report 117-309]
[From the U.S. Government Publishing Office]


117th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     117-309

======================================================================



 
              EMPOWERING THE U.S. FIRE ADMINISTRATION ACT

                                _______
                                

  May 6, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Ms. Johnson of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 7077]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 7077) to require the United States 
Fire Administration to conduct on-site investigations of major 
fires, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.

                                CONTENTS

                                                                    Page
   I. Amendment....................................................... 1
  II. Purpose of the Bill............................................. 2
 III. Background and Need for the Legislation......................... 2
  IV. Committee Hearings.............................................. 3
   V. Committee Consideration and Votes............................... 3
  VI. Summary of Major Provisions of the Bill......................... 4
 VII. Section-by-Section Analysis (by Title and Section).............. 4
VIII. Committee Views................................................. 4
  IX. Cost Estimate................................................... 4
   X. Congressional Budget Office Cost Estimate....................... 4
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)............ 4
 XII. Committee Oversight Findings and Recommendations................ 4
XIII. Statement on General Performance Goals and Objectives........... 5
 XIV. Federal Advisory Committee Statement............................ 5
  XV. Duplication of Federal Programs................................. 5
 XVI. Earmark Identification.......................................... 5
XVII. Applicability to the Legislative Branch......................... 5
XVIII.Statement on Preemption of State, Local, or Tribal Law.......... 5
 
 XIX. Changes in Existing Law Made by the Bill, As Reported........... 5
  XX. Proceedings of Full Committee Markup............................ 7

                              I. Amendment

    The amendment is as follows:
  Strike out all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Empowering the U.S. Fire 
Administration Act''.

SEC. 2. FIRE INVESTIGATIONS.

  The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 
et seq.) is amended by adding at the end the following:

``SEC. 38. INVESTIGATION AUTHORITIES.

  ``(a) In General.--In the case of any major fire, the Administrator 
may send incident investigators, which may include safety specialists, 
fire protection engineers, codes and standards experts, researchers, 
and fire training specialists, to the site of the fire to conduct an 
investigation as described in subsection (b).
  ``(b) Investigation Required.--A fire investigation conducted under 
this section--
          ``(1) shall be conducted in coordination and cooperation with 
        appropriate Federal, State, and local authorities, including 
        Federal agencies that are authorized to investigate a major 
        fire or an incident of which the major fire is a part; and
          ``(2) shall examine the determined cause and origin of the 
        fire and assess broader systematic matters to include use of 
        codes and standards, demographics, structural characteristics, 
        smoke and fire dynamics (movement) during the event, and costs 
        of associated injuries and deaths.
  ``(c) Report.--Upon concluding any fire investigation under this 
section, the Administrator shall issue a public report to local, State, 
and Federal authorities on the findings of such investigation, or 
collaborate with another investigating Federal agency on that agency's 
report, including recommendations on--
          ``(1) any other buildings with similar characteristics that 
        may bear similar fire risks;
          ``(2) improving tactical response to similar fires;
          ``(3) improving civilian safety practices;
          ``(4) assessing the costs and benefits to the community of 
        adding fire safety features; and
          ``(5) how to mitigate the causes of such fire.
  ``(d) Discretionary Authority.--In addition to investigations 
conducted pursuant to subsection (a), the Administrator may send fire 
investigators to conduct investigations at the site of any fire with 
unusual or remarkable context that results in losses less severe than 
those occurring as a result of a major fire, in coordination with 
appropriate Federal, State, and local authorities, including Federal 
agencies that are authorized to investigate a major fire or an incident 
of which the major fire is a part.
  ``(e) Major Fire Defined.--For purposes of this section, the term 
`major fire' shall have the meaning given such term under regulations 
to be issued by the Administrator.''.

                        II. Purpose of the Bill

    The purpose of the bill is to require the United States 
Fire Administration to conduct on-site investigations of major 
fires.

              III. Background and Need for the Legislation

    The U.S. Fire Administration (USFA) is an entity of the 
U.S. Department of Homeland Security's Federal Emergency 
Management Agency (FEMA). The mission of the U.S. Fire 
Administration is to support and strengthen fire and emergency 
medical services and stakeholders and to prepare for, prevent, 
mitigate and respond to all hazards.
    The U.S. Fire Administration currently does not have the 
authority to conduct on-site investigations of major fires. As 
a result, USFA is limited in its ability to fully utilize its 
expertise following major fires in coordination with local, 
State and other Federal authorities.
    According to FEMA, between 2017-2019, an estimated 368,500 
residential building fires were reported to fire departments 
within the U.S. each year. These fires caused an estimated 
2,770 deaths, 11,650 injuries and 8.1 billion dollars in 
property loss.

                         IV. Committee Hearings

    Pursuant House rule XIII clause 3(c)(6), the Committee 
designates the following hearings as having been used to 
develop or consider the legislation:
    On June 29, 2021, the Committee on Science, Space, and 
Technology held a hearing entitled ``The State of Federal 
Wildland Fire Science: Examining Opportunities for Further 
Research and Coordination.'' The purpose of the hearing was to 
discuss the current state of wildland fire research, with a 
focus on how to improve understanding of on the ground 
conditions as well as to examine research gaps and additional 
federal coordination, investment and engagement needed to 
improve wildland fire prediction, management, and post-fire 
response. The hearing witnesses included Dr. Craig Clements, 
Professor of Meteorology and Director of the Wildfire 
Interdisciplinary Research Center, San Jose State University; 
Dr. Jessica McCarty, Assistant Professor of Geography and 
Director of the Geospatial Analysis Center, Miami University; 
Mr. George Geissler, State Forester and Deputy, Wildland Fire 
and Forest Health and Resiliency, Washington Department of 
Natural Resources; and Fire Chief Erik Litzenberg (Ret.), 
Chair, Wildland Fire Policy Committee, International 
Association of Fire Chiefs.
    On June 12, 2020, the Committee on Science, Space, and 
Technology held a hearing entitled ``The Role of AFG and SAFER 
Grants in COVID-19 Response.'' The purpose of the hearing was 
to discuss the impact of COVID-19 on the fire service 
community, to examine the implementation of supplemental 
funding for the Assistance to Firefighters Grant (AFG) program 
provided under the CARES Act, and to explore the need for 
additional funding and temporary administrative changes to the 
AFG and Staffing for Adequate Fire and Emergency Response 
(SAFER) grant program in order to expedite assistance to fire 
departments for personal protective equipment, staffing, and 
other needs. The hearing witnesses included Chief Gary Ludwig, 
President and Chairman of the Board, International Association 
of Fire Chiefs; Mr. Roy L. ``Sandy'' McGhee, III, District 11 
Vice President, International Association of Fire Fighters; and 
Mr. Steve Hirsch, Chair, National Volunteer Fire Council.

                  V. Committee Consideration and Votes

    On March 15, 2022, Representatives Ritchie Torres, Haley 
Stevens, Peter Meijer, and Anthony Gonzalez introduced H.R. 
7077, the Empowering the U.S. Fire Administration Act. The bill 
was referred to the House Committee on Science, Space, and 
Technology.
    On April 5, 2022, the Full Committee on Science, Space, and 
Technology met to consider the bill. Mr. Posey offered an 
amendment to ensure the U.S. Fire Administration coordinates 
and cooperates with Federal, State, and local authorities. The 
amendment was agreed to on a voice vote. The Chair moved that 
the Committee favorably report H.R. 7077, as amended, to the 
House with the recommendation that the bill be approved. The 
motion was agreed to by a voice vote.

              VI. Summary of Major Provisions of the Bill

    Authorizes the U.S. Fire Administration to send incident 
investigators to the site of a major fire to conduct an 
investigation, in coordination and cooperation with Federal, 
State, and local authorities. Requires the U.S. Fire 
Administration to issue a public report on the findings and 
recommendations from the investigation. Authorizes USFA to 
investigate fires with losses less severe than a major fire.

        VII. Section-by-Section Analysis (by Title and Section)


Section 1. Short title

Section 2.

    Amends the Federal Fire Prevention and Control Act of 1974 
to authorize the USFA Administrator to send incident 
investigators to the site of a major fire to conduct an 
investigation. Details the specifics of USFA's investigational 
authorities. Requires USFA to issue a public report, to local, 
State, and Federal authorities, on the findings of the 
investigation and recommendations generated by the 
investigation. Authorizes the U.S. Fire Administration to send 
investigators to conduct investigations of fires with unusual 
or remarkable characteristics resulting in losses less severe 
than a major fire, in coordination with other Federal agencies. 
Defines the term ``major fire.''

                         VIII. Committee Views

    The intent of this legislation is to allow the U.S. Fire 
Administration to fully leverage its unique expertise to 
contribute to what can be learned from major fires to help 
strengthen prevention moving forward. The Committee intends 
that the U.S. Fire Administration work in coordination and 
cooperation with Federal, State, and local authorities to 
conduct an investigation.

                           IX. Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

              X. Congressional Budget Office Cost Estimate

    No Cost Estimate available at time of filing.

                     XI. Federal Mandates Statement

    H.R. 7077 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee's oversight findings and recommendations are 
reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    The goals and objectives of H.R. 7077 are to authorize the 
U.S. Fire Administration to send incident investigators to the 
site of a major fire to conduct an investigation in 
coordination with Federal, State and local authorities; to 
require the U.S. Fire Administration to issue a public report 
to local, State, and Federal authorities; and to authorize the 
U.S. Fire Administration to send investigators to conduct an 
investigation of fires with unusual or remarkable 
characteristics resulting in losses less severe than a major 
fire in coordination with other Federal agencies.

               XIV. Federal Advisory Committee Statement

    H.R. 7077 does not create any advisory committees.

                  XV. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 7077 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XVI. Earmark Identification

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 7077 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

             XVII. Applicability to the Legislative Branch

    The Committee finds that H.R. 7077 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, As Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

            FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974




           *       *       *       *       *       *       *
SEC. 38. INVESTIGATION AUTHORITIES.

  (a) In General.--In the case of any major fire, the 
Administrator may send incident investigators, which may 
include safety specialists, fire protection engineers, codes 
and standards experts, researchers, and fire training 
specialists, to the site of the fire to conduct an 
investigation as described in subsection (b).
  (b) Investigation Required.--A fire investigation conducted 
under this section--
          (1) shall be conducted in coordination and 
        cooperation with appropriate Federal, State, and local 
        authorities, including Federal agencies that are 
        authorized to investigate a major fire or an incident 
        of which the major fire is a part; and
          (2) shall examine the determined cause and origin of 
        the fire and assess broader systematic matters to 
        include use of codes and standards, demographics, 
        structural characteristics, smoke and fire dynamics 
        (movement) during the event, and costs of associated 
        injuries and deaths.
  (c) Report.--Upon concluding any fire investigation under 
this section, the Administrator shall issue a public report to 
local, State, and Federal authorities on the findings of such 
investigation, or collaborate with another investigating 
Federal agency on that agency's report, including 
recommendations on--
          (1) any other buildings with similar characteristics 
        that may bear similar fire risks;
          (2) improving tactical response to similar fires;
          (3) improving civilian safety practices;
          (4) assessing the costs and benefits to the community 
        of adding fire safety features; and
          (5) how to mitigate the causes of such fire.
  (d) Discretionary Authority.--In addition to investigations 
conducted pursuant to subsection (a), the Administrator may 
send fire investigators to conduct investigations at the site 
of any fire with unusual or remarkable context that results in 
losses less severe than those occurring as a result of a major 
fire, in coordination with appropriate Federal, State, and 
local authorities, including Federal agencies that are 
authorized to investigate a major fire or an incident of which 
the major fire is a part.
  (e) Major Fire Defined.--For purposes of this section, the 
term ``major fire'' shall have the meaning given such term 
under regulations to be issued by the Administrator.



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