[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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