[Senate Report 117-195]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 546
117th Congress      }                            {            Report
                                 SENATE
 2d Session         }                            {            117-195
_______________________________________________________________________

              EMPOWERING THE U.S. FIRE ADMINISTRATION ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               H.R. 7077

                   TO REQUIRE THE UNITED STATES FIRE
                   ADMINISTRATION TO CONDUCT ON-SITE
                 INVESTIGATIONS OF MAJOR FIRES, AND FOR
                             OTHER PURPOSES

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

               November 14, 2022.--Ordered to be printed
               		        __________

                     U.S. GOVERNMENT PUBLISHING OFFICE
                     
39-010			    WASHINGTON : 2022	                     
               
               
        
        
        
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
           Naveed Jazayeri, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Clyde E. Hicks Jr., Minority Director of Homeland Security
                     Laura W. Kilbride, Chief Clerk




                                                      Calendar No. 546
117th Congress      }                            {            Report
                                 SENATE
 2d Session         }                            {            117-195

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



 
              EMPOWERING THE U.S. FIRE ADMINISTRATION ACT

                                _______
                                

               November 14, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 7077]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which 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 without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................3
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    H.R. 7077, the Empowering the U.S. Fire Administration Act, 
authorizes the U.S. Fire Administration (USFA) to conduct on-
site safety investigations after major fires. Upon concluding 
any such on-site investigation, the bill mandates that the USFA 
issue a public report--or collaborate with another 
investigating federal agency on that agency's report--to local, 
state, and federal authorities on the investigation's findings. 
The report issued following the investigation would be required 
to provide recommendations on improving response to similar 
fires, refining civilian safety practices, assessing the costs 
and benefits of adding fire safety features, and how to 
mitigate the cause of such fire.

              II. Background and the Need for Legislation

    The USFA is an entity of the U.S. Department of Homeland 
Security's Federal Emergency Management Agency (FEMA) whose 
mission is to support and strengthen fire and emergency medical 
services and stakeholders and to prepare for, prevent, mitigate 
and respond to all hazards.\1\ A key objective of the USFA is 
to significantly reduce the nation's loss of life from fire, 
while also achieving a reduction in property loss and nonfatal 
injury due to fire. Although fire loss harm has been reduced 
significantly over the past 25 years, the fire problem in the 
United States remains serious. The United States still has one 
of the highest fire death rates in the industrialized world.\2\
---------------------------------------------------------------------------
    \1\U.S. Fire Administration, (https://www.usfa.fema.gov/about/) 
(accessed August 30, 2022).
    \2\U.S. Federal Emergency Management Administration, Topical Fire 
Report Series Vol. 12 Iss. 8, Fire Death Rate Trends: An International 
Perspective (July, 2011) (https://www.usfa.fema.gov/downloads/pdf/
statistics/v12i8.pdf).
---------------------------------------------------------------------------
    According to FEMA, between 2017 and 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 in 
property loss.\3\ The USFA currently does not have the formal 
authority to conduct on-site investigations of major fires.\4\ 
As a result, USFA is limited in its ability to fully utilize 
its public safety expertise following major fires in 
coordination with local, state and other federal authorities.
---------------------------------------------------------------------------
    \3\Federal Emergency Management Administration, Topical Fire Report 
Series Vol. 21 Iss. 2, Residential Building Fires 2017-2019 (February, 
2022) (https://www.usfa.fema.gov/downloads/pdf/statistics/v21i2.pdf).
    \4\Federal Emergency Management Administration, Technical Report 
Series, The After-Action Critique: Training Through Lessons Learned 
(USFA-TR-159) (April 2008).
---------------------------------------------------------------------------
    In order to better promote long-term fire safety, this bill 
supports fire departments and firefighters by authorizing USFA 
to send safety specialists, fire protection engineers, codes 
and standards experts, and fire training specialists to conduct 
fire safety investigations and issue reports for major fires. 
The reports shall assess broad systematic matters to include 
use of codes and standards, demographics, structural 
characteristics, smoke and fire dynamics during the event, and 
costs of associated injuries and deaths. This bill ensures 
communities have access to the key federal resources they need 
to analyze fires and understand how to improve safety practices 
and reduce loss of life in the future.
    This bill does not authorize the USFA to open 
investigations that seek to determine the cause or origins of 
major fires or open criminal investigations as a result of a 
major fire, both of which are responsibilities of other federal 
agencies. In cases where a criminal investigation may be 
ongoing after a major fire, USFA should work closely in 
coordination with the lead investigative agency to ensure no 
report produced as a result of this bill undermines an ongoing 
criminal investigation.

                        III. Legislative History

    Rep. Ritchie Torres (D-NY) introduced H.R. 7077, the 
Empowering the U.S. Fire Administration Act, on March 15, 2022, 
with Rep. Haley Stevens (D-MI), Rep. Peter Meijer (R-MI), and 
Rep. Anthony Gonzalez (R-OH). On April 5, 2022, the House 
Committee on Science, Space, and Technology met to consider the 
bill. Rep. Posey (R-FL) 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 committee ordered the bill, as amended, 
reported favorably to the House by voice vote. The bill passed 
the House of Representatives under suspension of the rules on 
May 11, 2022 by a roll call vote of 379-37.
    The bill was referred to the Senate Committee on Homeland 
Security and Governmental Affairs. The Committee considered 
H.R. 7077 at a business meeting on August 3, 2022. The bill was 
ordered to be favorably reported without amendment by voice 
vote en bloc. Senators Peters, Hassan, Sinema, Rosen, Padilla, 
Ossoff, Lankford, Romney, Scott, and Hawley were present for 
the vote.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Empowering U.S. Fire Administration Act.''

Section 2. Fire investigations

    This section 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 and requires that any investigation 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. Additionally, this 
section outlines the specifics of USFA's investigational 
authorities and requires USFA to issue a public report to 
local, State, and Federal authorities. The report would include 
the findings of the investigation as well as the 
recommendations generated by the investigation. Lastly, this 
section defines the term ``major fire'' and authorizes the USFA 
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.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 6, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 7077, the 
Empowering the U.S. Fire Administration Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 7077 would authorize the U.S. Fire Administration 
(USFA) to conduct on-site investigations of major fires that 
result in deaths or economic damages above certain thresholds 
or fires with unusual or remarkable context. Upon concluding 
each investigation, the act would require the USFA to issue a 
public report on its findings to federal, state, and local 
authorities and make recommendations on how to mitigate future 
fires. The agency does not currently conduct these types of 
inspections.
    CBO expects that the agency would promulgate regulations 
that define a major fire as one that causes 10 or more deaths 
or has damages greater than $10 million. (Since 2015, an 
average of about 40 fires a year would meet that standard.)
    Under the legislation, CBO expects that inspections of 
fires that meet this definition would be conducted by a team of 
subject-matter specialists under contract with the USFA, 
including fire protection engineers, research scientists, fire 
dynamics experts, building code specialists, building 
engineers, and other professionals. Using information from the 
USFA, including the labor costs for those specialists and the 
amount of time required for an investigation, CBO expects that 
the agency would investigate an average of seven major fires 
annually, at an average cost of $400,000 per investigation. In 
total, CBO estimates the USFA would incur costs of about $3 
million annually to pay inspectors, totaling $15 million over 
the 2023-2027 period.
    In addition, CBO expects that the agency would require two 
additional employees to manage those contracts, coordinate 
inspections, and fulfill reporting requirements, at a cost of 
$2 million over the 2023-2027 period. In total, CBO estimates 
that implementing the bill would cost $17 million over the 
2023-2027 period. Any spending would be subject to the 
availability of appropriated funds.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 450 (community and regional 
development).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 7077
----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, millions of dollars--
                                                         -------------------------------------------------------
                                                            2023     2024     2025     2026     2027   2023-2027
----------------------------------------------------------------------------------------------------------------
Estimated Authorization.................................        3        3        3        4        4         17
Estimated Outlays.......................................        3        3        3        4        4         17
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    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 brackets, new matter is 
printed in italic, 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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