69–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 106–133

FIRE ADMINISTRATION AUTHORIZATION ACT OF 1999

MAY 10, 1999.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. SENSENBRENNER, from the Committee on Science,

submitted the following

REPORT

[To accompany H.R. 1550]

[Including cost estimate of the Congressional Budget Office]

The Committee on Science, to whom was referred the bill (H.R.

1550) to authorize appropriations for the United States Fire Administration for fiscal years 2000 and 2001, and for other purposes,

having considered the same, report favorably thereon with an

amendment and recommend that the bill as amended do pass.

CONTENTS

Page

I. Amendment ................................................................................................. 2

II. Purpose of the Bill ...................................................................................... 4

III. Background and Need for Legislation ....................................................... 5

IV. Summary of Hearings ................................................................................. 5

V. Committee Actions ...................................................................................... 7

VI. Summary of Major Provisions of the Bill .................................................. 8

VII. Section-By-Section Analysis ....................................................................... 10

VIII. Committee Views ........................................................................................ 12

IX. Committee Cost Estimate ........................................................................... 17

X. Congressional Budget Office Cost Estimate ............................................. 18

XI. Compliance with Public Law 104–4 .......................................................... 20

XII. Committee Oversight Findings and Recommendations ........................... 20

XIII. Oversight Findings and Recommendations by the Committee on Government Reform and Oversight .............................................................. 20

XIV. Constitutional Authority Statement .......................................................... 20

XV. Federal Advisory Committee Statement ................................................... 20

XVI. Congressional Accountability Act .............................................................. 20

XVII. Changes in Existing Law Made by the Bill, As Reported ....................... 20

XVIII. Committee Recommendations .................................................................... 27

XIX. Proceedings of Full Committee Markup .................................................... 27

The amendment is as follows:
2

Strike out all after the enacting clause and insert in lieu thereof

the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Fire Administration Authorization Act of 1999’’.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

Section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2216) is amended to read as follows:

‘‘AUTHORIZATION OF APPROPRIATIONS

‘‘SEC. 17. 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—

‘‘(1) $30,554,000 for fiscal year 1999;

‘‘(2) $46,130,000 for fiscal year 2000, of which $2,200,000 shall be used for research activities, and $250,000 shall be used for contracts or grants to non-Federal entities for data analysis, including general fire profiles and special fire

analyses and report projects, and of which $6,000,000 shall be for anti-terrorism

training, including associated curriculum development, for fire and emergency

services personnel; and

‘‘(3) $49,500,000 for fiscal year 2001, of which $3,000,000 shall be used for research activities, and $250,000 shall be used for contracts or grants to non-Federal entities for data analysis, including general fire profiles and special fire

analyses and report projects, and of which $8,000,000 shall be for anti-terrorism

training, including associated curriculum development, for fire and emergency

services personnel.

None of the funds authorized by paragraph (3) may be obligated unless the Administrator has certified to the Committee on Science of the House of Representatives

and the Committee on Commerce, Science, and Transportation of the Senate that

the obligation of funds is consistent with the strategic plan transmitted under section 3 of the Fire Administration Authorization Act of 1999.’’.

SEC. 3. STRATEGIC PLAN.

(a) REQUIREMENT.—Not later than April 30, 2000, the Administrator of the United

States Fire Administration shall prepare and transmit to the Committee on Science

of the House of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a 5-year strategic plan of program activities for the

United States Fire Administration.

(b) CONTENTS OF PLAN.—The plan required by subsection (a) shall include—

(1) a comprehensive mission statement covering the major functions and operations of the United States Fire Administration in the areas of training, research, data collection and analysis, and public education;

(2) general goals and objectives, including those related to outcomes, for the

major functions and operations of the United States Fire Administration;

(3) a description of how the goals and objectives identified under paragraph

(2) are to be achieved, including operational processes, skills and technology,

and the human, capital, information, and other resources required to meet those

goals and objectives;

(4) an identification of the fire-related activities of the National Institute of

Standards and Technology, the Department of Defense, and other Federal agencies, and a discussion of how those activities can be coordinated with and contribute to the achievement of the goals and objectives identified under paragraph (2);

(5) a description of objective, quantifiable performance goals needed to define

the level of performance achieved by program activities in training, research,

data collection and analysis, and public education, and how these performance

goals relate to the general goals and objectives in the strategic plan;

(6) an identification of key factors external to the United States Fire Administration and beyond its control that could affect significantly the achievement of

the general goals and objectives;

(7) a description of program evaluations used in establishing or revising general goals and objectives, with a schedule for future program evaluations;

(8) a plan for the timely distribution of information and educational materials

to State and local firefighting services, including volunteer, career, and combination services throughout the United States;
3

(9) a description of how the strategic plan prepared under this section will

be incorporated into the strategic plan and the performance plans and reports

of the Federal Emergency Management Agency; and

(10)(A) a description of the current and planned use of the Internet for the

delivery of training courses by the National Fire Academy, including a listing

of the types of courses and whether they provide real time interaction between

instructor and students, and including the number of students enrolled, and the

geographic distribution of students, for the most recent fiscal year;

(B) an assessment of the availability and actual use by the National Fire

Academy of Federal facilities suitable for distance education applications, including facilities with teleconferencing capabilities; and

(C) an assessment of the benefits and problems associated with delivery of instructional courses using the Internet, including limitations due to network

bandwidth at training sites, the availability of suitable course materials, and

the effectiveness of such courses in terms of student performance.

SEC. 4. RESEARCH AGENDA.

(a) REQUIREMENT.—Not later than 120 days after the date of the enactment of

this Act, the Administrator of the United States Fire Administration, in consultation

with the Director of the Federal Emergency Management Agency, the Director of

the National Institute of Standards and Technology, representatives of trade associations, State and local firefighting services, and other appropriate entities, shall

prepare and transmit to the Committee on Science of the House of Representatives

and the Committee on Commerce, Science, and Transportation of the Senate a report describing the United States Fire Administration’s research agenda and including a plan for implementing that agenda.

(b) CONTENTS OF REPORT.—The report required by subsection (a) shall—

(1) identify research priorities;

(2) describe how the proposed research agenda will be coordinated and integrated with the programs and capabilities of the National Institute of Standards and Technology, the Department of Defense, and other Federal agencies;

(3) identify potential roles of academic and other research institutions in

achieving the research agenda;

(4) provide cost estimates, anticipated personnel needs, and a schedule for

completing the various elements of the research agenda;

(5) describe ways to leverage resources through partnerships, cooperative

agreements, and other means; and

(6) discuss how the proposed research agenda will enhance training, improve

State and local firefighting services, impact standards and codes, increase firefighter and public safety, and advance firefighting techniques.

(c) USE IN PREPARING STRATEGIC PLAN.—The research agenda prepared under

this section shall be used in the preparation of the strategic plan required by section

3.

SEC. 5. SURPLUS AND EXCESS FEDERAL EQUIPMENT.

The Federal Fire Prevention and Control Act of 1974 is amended by adding at

the end the following new section:

‘‘SEC. 33. SURPLUS AND EXCESS FEDERAL EQUIPMENT.

‘‘The Administrator shall make publicly available, including through the Internet,

information on procedures for acquiring surplus and excess Federal fire, emergency,

hazardous material, or other equipment or property that may be useful to State and

local fire and emergency services.’’.

SEC. 6. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.

The Federal Fire Prevention and Control Act of 1974 is amended by adding at

the end the following new section:

‘‘SEC. 34. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.

‘‘The Administrator shall make publicly available, including through the Internet,

information on procedures for establishing cooperative agreements between State

and local fire and emergency services and Federal facilities in their region relating

to the provision of fire and emergency services.’’.

SEC. 7. MISCELLANEOUS REPEALS.

The Federal Fire Prevention and Control Act of 1974 is amended—

(1) by repealing section 10(b) and redesignating subsection (c) of that section

as subsection (b);

(2) by repealing section 23;

(3) in section 24—
4

(A) by striking ‘‘(a) The’’ and inserting ‘‘The’’; and

(B) by repealing subsection (b);

(4) by repealing section 26; and

(5) by repealing section 27.

SEC. 8. NEED FOR ADDITIONAL TRAINING IN COUNTERTERRORISM.

(a) IN GENERAL.—The Administrator of the United States Fire Administration

shall conduct an assessment of the need for additional capabilities for Federal

counterterrorism training of emergency response personnel.

(b) CONTENTS OF ASSESSMENT.—The assessment conducted under this section

shall include—

(1) a review of the counterterrorism training programs offered by the United

States Fire Administration and other Federal agencies;

(2) an estimate of the number and types of emergency response personnel

that have, during the period between January 1, 1994, and June 1, 1999, sought

training described in paragraph (1), but have been unable to receive that training as a result of the oversubscription of the training capabilities; and

(3) a recommendation on the need to provide additional Federal

counterterrorism training centers, including—

(A) an analysis of existing Federal facilities that could be used as

counterterrorism training facilities; and

(B) a cost-benefit analysis of the establishment of counterterrorism training facilities in regions where many applicants for such training reside.

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act,

the Administrator shall prepare and submit to the Congress a report on the results

of the assessment conducted under this section.

SEC. 9. NATIONAL FIRE ACADEMY CURRICULUM REVIEW.

(a) IN GENERAL.—The Administrator of the United States Fire Administration, in

consultation with the Board of Visitors and representatives of trade and professional

associations, State and local firefighting services, and other appropriate entities,

shall conduct a review of the courses of instruction available at the National Fire

Academy to ensure that they are up-to-date and complement, not duplicate, courses

of instruction offered elsewhere. Not later than 180 days after the date of enactment

of this Act, the Administrator shall prepare and submit a report to the Committee

on Science of the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate.

(b) CONTENTS OF REPORT.—The report required by subsection (a) shall—

(1) examine and assess the courses of instruction offered by the National Fire

Academy;

(2) identify redundant and out-of-date courses of instruction;

(3) examine the current and future impact of information technology on National Fire Academy curricula, methods of instruction, and delivery of services;

and

(4) make recommendations for updating the curriculum, methods of instruction, and delivery of services by the National Fire Academy considering current

and future needs, State-based curricula, advances in information technologies,

and other relevant factors.

SEC. 10. INTERNET AVAILABILITY OF INFORMATION.

The Administrator of the United States Fire Administration shall make available

through the Internet home page of the United States Fire Administration the abstracts relating to all research grants and awards made with funds authorized by

the amendments made by this Act. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from

being released to the public.

SEC. 11. REPEAL OF EXCEPTION TO FIRE SAFETY REQUIREMENT.

(a) REPEAL.—Section 4 of Public Law 103–195 (107 Stat. 2298) is hereby repealed.

(b) EFFECTIVE DATE.—Subsection (a) shall take effect 1 year after the date of the

enactment of this section.

II. PURPOSE OF THE BILL

The purpose of H.R. 1550 is to authorize appropriations for Fiscal Years 2000 and 2001 for the United States Fire Administration

(USFA) under the Federal Fire Prevention and Control Act of 1974.
5

The bill authorizes appropriations of $95.63 million over Fiscal

Years 2000 and 2001.

III. BACKGROUND AND NEED FOR LEGISLATION

USFA, which includes the National Fire Academy (NFA), is a directorate within the Federal Emergency Management Agency

(FEMA). The goal of the agency is to reduce the loss of life and

property due to fire. To achieve this goal, USFA supports activities

in four areas: training, data collection and analysis, research, and

public education.

The formation of the USFA in 1974 was prompted by the seminal

1973 report, America Burning, of the National Commission on Fire

Prevention and Control created by the Fire Research and Safety

Act of 1968 (P.L. 90–259). The Commission’s report recommended

the establishment of a federal agency that would support State and

local fire services and recommended the Department of Housing

and Urban Development as the appropriate department to house

the new agency.

In 1974, Congress responded to the America Burning report by

declaring a federal role in fire prevention. In 1974, it passed the

Federal Fire Prevention and Control Act of 1974 (P.L. 93–498),

which created the National Fire Prevention and Control Administration and placed it in the Department of Commerce.

In 1978, Congress changed the name of the agency to the United

States Fire Administration (P.L. 95–422), and in 1979, President

Jimmy Carter moved USFA to newly-created FEMA as part of Reorganization Plan No 3. The National Fire Academy also was

opened in 1979 and began offering training and courses of instruction at its Emmitsburg Maryland campus.

Since its passage, the Federal Fire Prevention and Control Act

of 1974 has been amended many times. In 1990, the Hotel and

Motel Fire Safety Act (P.L. 101–391) required the States to submit

to USFA lists of public accommodations that meet federal safety

guidelines, and the Firefighters’ Safety Study Act (P.L. 101–446)

directed USFA to develop and distribute data on hazardous-materials identification, response, and incidents. The Fire Administration Authorization Act of 1992 (P.L. 102–522) restricted the use of

federal funds for building, leasing, or buying housing not equipped

with sprinklers systems and smoke detectors. The Arson Prevention Act of 1994 (P.L. 103–254) directed USFA to award grants to

States for arson research, prevention, and control.

The current authorization for USFA is the United States Fire

Administration Authorization Act for Fiscal Years 1998 and 1999

(P.L. 105–108), signed into law on November 20, 1997. It authorizes $29.664 million for Fiscal Year 1998 and $30.554 million for

Fiscal Year 1999 for the activities of USFA.

IV. SUMMARY OF HEARINGS

The Subcommittee on Basic Research of the Committee on

Science held a hearing on March 23, 1999 to hear testimony on the

Administration’s Fiscal Year 2000 budget request for USFA and to

examine issues related to a two-year authorization for the agency.

Appearing as witnesses before the Subcommittee were: The Honor-
6

able James Lee Witt, Director, FEMA, Dr. Karen Brown, Deputy

Director, National Institute of Standards and Technology (NIST),

on behalf of The Honorable Raymond Kammer, Director, Mr. Stephen Austin, Chair, Blue Ribbon Panel and External Affairs Representative, International Association of Arson Investigators, Inc.;

Chief Luther Fincher, First Vice President, International Association of Fire Chiefs; Dr. John R. Hall, Assistant Vice President, Fire

Analysis and Research, National Fire Protection Association; and

Mr. Salvador Morales, Member, Blue Ribbon Panel and Driver Engineer, Dallas Fire Department.

Director Witt opened his testimony by discussing the recommendations made by the Blue Ribbon Panel. He then reviewed

FEMA’s blueprint for change within the Fire Administration, including increased funding requests for the data collection system,

public education materials, and firefighter training activities. He

added that FEMA and USFA will be working with national fire organizations on prevention and protection efforts and will recommission America Burning so the current state of fire dangers in the

Nation can be determined. He closed his testimony by acknowledging challenges facing the agency, such as reaching those most vulnerable to fire losses.

Deputy Director Brown, provided a review of NIST’s responsibilities under the Fire Prevention and Control Act. These include

serving as the nation’s leading fire research laboratory and having

responsibility for national fire safety policy and programs. She explained that NIST’s strategy for meeting these obligations has been

both to identify the most common situations that result in fire

death and develop intervention strategies and technologies and to

conduct fundamental fire research and develop fire safety materials, products, systems and facilities. These activities, along with

cooperative efforts with other federal agencies, private sector organizations, and the fire services have led to: decreased fire death

rates; new practices, standards, code provisions; and new technologies, such as residential smoke detectors. She concluded her

testimony by emphasizing the recommendation of the Blue Ribbon

Panel report that called for increasing fire research.

Mr. Austin opened his testimony by reviewing the recommendations of the Blue Ribbon Panel report. He explained that the Panel

does not want the USFA to assume added responsibilities, but to

improve upon current responsibilities and that funding increases

are necessary if USFA is to fulfill its responsibilities. Mr. Austin

pointed to the benefits of residential smoke detectors and sprinkler

systems as justification for continued investment in research, and

he stressed the importance of improving the fire data collection is

necessary to developing strategies for fire protection and public

safety education. Finally, he noted that a lack of resources is inhibiting the National Fire Academy from reaching its capability.

Chief Fincher began his statement by relaying to the Subcommittee the support of the Fire Service Leadership Summit participants for the recommendations of the Blue Ribbon Panel and

the Administration’s Fiscal Year 2000 budget request. He highlighted four areas of particular importance: (1) organizational

structure; (2) management and leadership; (3) data collection, particularly the National Fire Incident Reporting System (NFIRS);
7

and (4) the research and development. He stated that organizational structure and management and leadership issues must be

resolved before other problems can be addressed.

Dr. Hall spoke about the importance of NFIRS as the core of the

Nations’ fire data system. He testified that continuous underfunding has inhibited NFIRS from fully being successful. He also spoke

of the benefits of fire research, especially that done at NIST, in developing fire protection technology. He suggested that the USFA

partner with other fire researchers through long-term partnerships

in order to increase the volume of fire research conducted. Finally,

he recommended that the USFA leverage resources by partnering

with national organizations in fire safety and prevention efforts.

Mr. Morales discussed some of the recommendations of the Blue

Ribbon Panel. Specifically, he advocated increasing funding for

educational materials to be used in conjunction with federal, State,

and local organizations and set a goal reducing the risk of loss of

life and property from fire-related hazards by 5 percent by the year

2000. Further, he reiterated the Panel’s support for upgrading the

NFIRS system and for increasing investment in fire research, arson

research and prevention, and anti-terrorism training.

V. COMMITTEE ACTIONS

As summarized above, the Subcommittee on Basic Research of

the Committee on Science heard testimony relevant to USFA at a

hearing held on March 23, 1999.

On April 26, 1999, Mr. Nick Smith (MI), Chairman of the Subcommittee on Basic Research, joined by Ms. Johnson of (TX), Ranking Minority Member of the Subcommittee on Basic Research, introduced H.R. 1550, the Fire Administration Authorization Act of

1999, a bill to authorize appropriations for USFA for Fiscal Years

2000 and 2001.

The Full Science Committee met to consider H.R. 1550 on Thursday, April 29, 1999, and entertained the following amendments and

report language.

Amendment 1.—At the suggestion of the Chairman, Mr. Udall

(CO) offered Amendment 1 and Amendment 6 en bloc. The en bloc

amendment (1) increased the authorizations in Fiscal Years 2000

and 2001 by $1.0 million and $2.0 million, respectively and earmarked these increases for anti-terrorism training; and (2) required

an assessment of federal counter-terrorism training for emergency

responders. The en bloc amendment was adopted by voice vote.

Amendment 2.—Mrs. Biggert (IL) offered an amendment to set

aside from the sums authorized for each of Fiscal Year 2000 and

2001 $250,000 for outsourcing data analysis. The amendment was

adopted by voice vote.

Amendment 3.—Mr. Weldon (PA) offered an amendment to require USFA to include in its strategic plan a plan for the timely

distribution of information and education materials for State and

local fire services. The amendment was adopted by voice vote.

Amendment 4.—Mr. Larson (CT) offered an amendment to require USFA to include in its strategic plan an assessment of the

delivery of course of instruction using the Internet. The amendment was adopted by voice vote.
8

Amendment 5.—Mr. Lucas (OK) offered an amendment to require

USFA to perform a review of the curriculum offered through NFA.

The amendment was adopted by voice vote.

Amendment 6.—Mr. Udall (CO) offered this amendment en bloc

with Amendment 1, which was adopted by voice vote.

Amendment 7.—Mr. Kuykendall (CA) offered an amendment to

require USFA to post on the Internet abstracts of research funded

by the agency. The amendment was adopted by voice vote.

Amendment 8.—Mr. Weiner (NY) offered an amendment to repeal Section 4 of P.L. 103–195, which exempts federally-funded

housing constructed in New York City from federal sprinkler requirements. The amendment was adopted by voice vote.

Amendment 9.—Ms. Johnson (TX) offered and withdrew an

amendment that would have established a grant program at USFA

for equipment, personnel, training, and other items and authorized

$225.0 million for this purpose.

Report Language.—Ms. Johnson (TX) offered report language

highlighting the importance of research into firefighter protective

equipment. The report language was adopted by voice vote.

Report Language.—Ms. Johnson (TX) offered report language

urging USFA to conduct research into the socioeconomic factors

that can lead to increased fire risk, including the use of security

bars. The report language was adopted by voice vote.

Mr. Smith (MI) also asked the Chairman to instruct staff to incorporate report language on the review and implementation of the

Blue Ribbon Panel report as USFA, which was so ordered.

With a quorum present, Ms. Johnson moved that the Committee

report the bill, H.R. 1550, as amended, to the House, that the staff

prepare the legislative report and make technical and conforming

changes, and that the Chairman take all necessary steps to bring

the bill before the House for consideration. The motion was approved by voice vote.

Mr. Sensenbrenner asked and received unanimous consent that

Committee Members have two subsequent calendar days in which

to submit supplemental, minority or additional views on the measure, and that, pursuant to Clause 1 of Rule XXII of the Rules of

the House of Representatives, the Committee authorize the Chairman to offer such motions as may be necessary in the House to go

to conference with the Senate on H.R. 1550 or a similar Senate bill.

VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

For Fiscal Year 2000, the bill authorizes $46.13 million, $13.863

million (43.0%) over the Fiscal Year 1999 level (see Table 1). Of

this amount, $2.2 million is set aside for research, $250,000 for

outsourcing of data analysis, and $6.0 million for anti-terrorism

training.
9

TABLE 1.—H.R. 1550—THE FIRE ADMINISTRATION AUTHORIZATION ACT OF 1999: FISCAL YEAR 1999 ENACTED, FISCAL YEAR 2000 REQUEST, AND FISCAL YEAR 2000

AND FISCAL YEAR 2001 AUTHORIZATIONS

[Dollars in thousands]

Activity FY 1999 enacted FY 2000 request FY 2000 authoriza- tion FY 2001 authoriza- tion

FY 2000 authorization change (+ or ¥) FY 2001 authorization

change (+ or ¥)

FY 1999

enacted Percent FY 2000 re- quest Percent FY 2000 authorization Percent

U.S. Fire Administration: Total .................................................................................... 32,267 45,130 46,130 49,500 13,863 43.0 1,000 2.2 3,370 7.3

Research ............................................................................................................. 650 2,150 2,200 3,000 1,550 238.5 50 2.3 800 36.4Data Analysis Grants/Contracts ......................................................................... 0 0 250 250 250 NA 250 NA 0 0Anti-Terrorism Training ....................................................................................... 4,000 5,000 6,000 8,000 2,000 50.0 1,000 20.0 2,000 33.3Other Unspecified Activities ............................................................................... 27,617 37,980 37,680 38,250 10,063 36.4 (300) (0.8) 570 1.5
10

For Fiscal Year 2001, the bill authorizes $49.5, a 7.3 percent increase over the Fiscal Year 2000 authorization. FY 2001 includes

$3.0 million for research, $250,000 for outsourcing of data analysis,

and $8.0 million for anti-terrorism training. The Fiscal Year 2001

authorization also requires the Administrator to certify that funds

obligated in Fiscal Year 2001 are consistent with the strategic plan

required in Section 3 of the bill.

H.R. 1550 requires USFA to develop and submit to Congress a

strategic plan. The language in this section matches closely the

language on strategic plans in the Government Performance and

Results Act. Additional elements of the strategic plan include coordination with NIST, DOD, and other federal agencies; a plan for

disseminating information and materials to State and local fire

services; and an assessment of the use of the Internet in delivering

training courses.

The bill also requires USFA to develop and submit to Congress

a research agenda. This provision requires USFA to develop research priorities and a plan for implementing a research agenda,

including a description of the roles other agencies (NIST and DOD,

in particular) could play and ways to leverage resources through

partnerships and cooperative agreements.

In addition, the bill also directs the Fire Administration to: make

available to State and local fire/emergency services information on

the availability and procedures for acquiring excess/surplus federal

equipment; make available information on the procedures for establishing cooperative agreements between State and local fire/

emergency services and federal facilities (e.g., military bases) in

their areas; conduct an assessment of the need for additional

counter-terrorism training for emergency responders; review the

content and delivery of the curriculum offered by NFA; and post

abstracts of research grants it awards on its Internet home page.

Consistent with the Oversight Agenda approved by the Committee on Science, H.R. 1550 repeals obsolete sections of the statute.

It also repeals, one year after enactment, Section 4 of P.L. 103–195,

a provision that exempts housing built with federal support in New

York City from the sprinkler requirements found in Section 31 of

the statute.

VII. SECTION-BY-SECTION ANALYSIS

Section 1. Short title

Cites the Act as the ‘‘Fire Administration Authorization Act of

1999.’’

Section 2. Authorization of appropriations

Amends Section 17 of the Fire Prevention and Control Act of

1974 by replacing it with the following:

Sec. 17. Except for the payment of claims for costs of firefighting

on federal property, authorizes: $46.130 million for Fiscal Year

2000, of which $2.2 million shall be used for research, $250,000 for

outsourcing of data analysis, and $6.0 million for anti-terrorism

training and; $49.5 million for Fiscal Year 2001, of which $3.0 million shall be used for research, $250,000 for outsourcing of data

analysis, and $8.0 million for anti-terrorism training. None of the
11

funds authorized for Fiscal Year 2001 may be obligated unless the

Administrator certifies that such obligation is consistent with the

strategic plan required under section 3 of the Fire Administration

Authorization Act of 1999.

Section 3. Strategic plan

(a) Requires before April 30, 2000 a five-year strategic plan to be

transmitted to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(b) The contents of the strategic plan shall include: a comprehensive mission statement; goals and objectives; a description of how

these goals and objectives can be achieved; an identification of firerelated activities at NIST, the Department of Defense (DOD), and

other federal agencies and how these may contribute to achieving

the goals and objectives; performance goals; external factors beyond

the Fire Administration’s control that could impede achieving the

goals and objectives; a description of program evaluations; a plan

for the timely distribution of information to State and local fire

services; a description of how the strategic plan produced will be

incorporated into the strategic and performance plans and reports

of FEMA; and a description of how the Internet is and can be used

to deliver training courses.

Section 4. Research agenda

(a) Requires within 120 days of enactment a research agenda to

be transmitted to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(b) The contents of the report shall include: a determination of

research priorities; a discussion of how the research program will

be coordinated with related programs at NIST, DOD, and other

federal agencies; a description of ways to leverage resources; and

a discussion of how the agenda will help the Fire Administration

fulfill its mission.

(c) Directs that the research agenda shall be used when preparing the strategic plan required in Section 3.

Section 5. Surplus and excess equipment

Amends Section 17 the Fire Prevention and Control Act of 1974

to require the Administrator to make available, including through

the Internet, information on the availability and procedures for acquiring surplus and excess federal fire, emergency, and hazardous

material equipment or property.

Section 6. Cooperative agreements with Federal facilities

Amends Section 17 the Fire Prevention and Control Act of 1974

to require the Administrator to make available, including through

the Internet, information on the procedures for establishing cooperative agreements between State and local fire and emergency services and federal facilities.
12

Section 7. Miscellaneous repeals

The Fire Prevention and Control Act of 1974 is amended by repealing the following obsolete provisions: section 10(b); section 23;

subsection 24(b); section 26; and section 27.

Section 8. Need for additional training in counterterrorism

(a) Requires the Administrator to conduct an assessment of the

need for additional federal capabilities in counter-terrorism training for emergency responders.

(b) Requires that the assessment include: a review of existing

federal counter-terrorism training programs; an estimate of the

number of emergency response personnel who in the last five Fiscal

Years have applied for this training but were denied because of

oversubscription of training facilities; and recommendations on the

need for improving counter-terrorism centers, including existing

federal facilities that could be used for this training and a cost-benefit analysis of establishing counter-terrorism training centers in

regions where many applicants reside.

(c) Requires that a report be submitted to Congress within 190

days of enactment.

Section 9. National Fire Academy curriculum review

(a) Requires the Administrator to conduct a review of courses of

instruction at the National Fire Academy to ensure they are up-todate and do not duplicate courses offered at the State level.

(b) Requires report to Congress to examine courses currently offered, identify redundant courses, examine the impact of information technology on the delivery of courses, and make recommendations for updating the curriculum.

Section 10. Internet availability of information

Requires the Administrator to make available through the

USFA’s Internet home page abstracts of all grants and awards

made with funds authorized through this Act.

Section 11. Repeal of exception to fire safety requirement

Repeals Section 4 of P.L. 103–195 1 year after enactment.

VIII. COMMITTEE VIEWS

GENERAL

The mission of USFA is to provide leadership, coordination, and

support for the Nation’s fire services in such area as fire prevention

and control, training and education, research, data collection and

analysis, and emergency medical services activities. Since the formation of the Fire Administration in 1974, fire losses in the U.S.

have declined markedly. Between 1986 and 1995, for example, fire

deaths decreased 30 percent, and the adjusted dollar loss associaed

with fire has decreased by 13 percent. Much of this decrease can

be traced to research sponsored by USFA that led to affordable

smoke detectors.

Nevertheless, fires are still all too common. Between 1986 and

1995, an average of 2.1 millions fires were reported annually. For

the same 10-year period, fires caused an average of 5,100 civilians
13

deaths, 25,000 injuries, and $9.6 billion in losses each year. Moreover, the United States has one of the highest fire death rates in

the industrialized world—15.6 deaths per million is population—

higher than in Australia, Japan, and most of Western Europe.

The Committee believes that we can and must do better. The

men and women served by USFA—about 80 percent of whom are

volunteers—are a critical component of the Nation’s emergency response capability. Ensuring that they benefit from the unique services offered by USFA is critically important if we are to achieve—

indeed, exceed—the goal of reducing the rate of loss of life and

property from fire by 5 percent, the benchmark established in

FEMA’s strategic plan.

In past Views and Estimates, the Committee has voiced its concern over the relatively flat budgets proposed for USFA in recent

years. The Committee, therefore, is pleased that the Clinton Administration has taken action to increase funding at this agency.

However, it remains troubled by reports that the agency is not

being managed effectively and that it has been ‘‘buried’’ within

FEMA. So while it supports the increase funding levels authorized

in the bill, the Committee plans to conduct vigorous oversight to

ensure that the problems identified in the Blue Ribbon Report and

in testmony before the Committee are addressed.

AUTHORIZATIONS OF APPROPRIATIONS

H.R. 1550 authorizes $46.13 million for Fiscal Year 2000 and

$49.5 million for Fiscal Year 2001. The Committee recognizes the

need for increased funding for USFA but wants to ensure that

USFA has an acceptable plan in place to spend this money wisely.

The Committee, therefore, has agreed to authorize an increase over

the Fiscal Year 1999 level of 43 percent for Fiscal Year 2000 and

a further increase of 7.3 percent for Fiscal Year 2001. However, the

bill requires that before funds authorized in the bill for Fiscal Year

2001 are obligated, the Administrator shall certify that such obligation is consistent with the strategic plan required in section 3 of

the bill. By linking the strategic planning and reform effort to the

increased funding authorization, as this provision does, the Committee believes that it can meet its obligations both to the taxpayers and the fire-services community.

The Committee also has approved increases in research and antiterrorism training, and it has set aside authorizations for

outsourcing of data analysis. The Committee attaches great important to the potential for research to meet USFA’s goals of reducing

fire risk. In addition, the Committee believes that anti-terrorism

training in FEMA should be the responsibility of USFA and that

this training should not come at the expense of other fire programs

in USFA. In a related provision, the bill also requests an assessment of counter-terrorism training. Finally, the Committee has

long encouraged outsourcing where it is appropriate and expects

USFA to take advantage of data-analysis capabilities in the private

sector.

IMPLEMENTATION OF BLUE RIBBON PANEL RECOMMENDATIONS

The Committee wishes to commend the Blue Ribbon Panel for its

efforts in producing the review of USFA. The Blue Ribbon Panel’s
14

Report represents the consensus view of a broad array of fire-service organizations on the problems facing USFA. This document will

provide a good guide for FEMA and the Committee to assess the

success of future reform efforts.

The Panel’s report identifies deficiencies at the Fire Administration in three core areas: leadership, resource management, and

communication. It noted that, ‘‘there is in effect a broken covenant

between the federal fire programs and the people and institutions

they were created to serve.’’ In general, the Committee endorses

the views and recommendations expressed in this Report, and it is

the Committee’s expectation that FMEA and USFA will work to

put in place reforms that mend the rift between the agency and the

firefighters it serves.

Since the Blue Ribbon Panel delivered its report to FEMA on October 1, 1998, FEMA has developed a plan and schedule to implement its recommendations. The proposal put forward by FEMA Director Witt has five Sections. They are: (1) Immediate Actions,

which includes those recommendations that can be implemented

immediately through direct action by the FEMA Directors; (2) Management Review, which includes those recommendations dealing

with operations and staffing (due on May 1, 1999); (3) USFA Planning, which includes those recommendations addressing activities

in USFA’s four main basic program areas—training, research, data

collection and analysis, and public education (due on June 1, 1999);

(4) Funding and Resource Management, which includes those recommendations concerning continuing and new funding needs (due

on July 1, 1999); and (5) Strategic Planning, which includes those

recommendations concerning how USFA can be further integrated

into FEMA’s strategic planning.

The Committee expects to be consulted throughout this process,

especially as each of these reporting milestones is approached. The

Committee also expects that each of the reports generated during

this process will be provided to it and that it will be informed of

any delays in the schedule outlined in the implementation plan.

STRATEGIC PLANNING

The Committee supports strategic planning and has been very

active in ensuring that the Government Performance and Results

Act has been implemented in the agencies under its jurisdiction.

The Committee would note that in FEMA’s strategic plan, the Fire

Administration plays a secondary role, and it is mentioned very little. We should keep in mind that, for the most part, fires are personal tragedies, not federal ones. So while it is important for

FEMA to incorporate the Fire Administration into its federal-disaster planning, it is also important for the Fire Administration to establish priorities of its own that, when taken in the aggregate, can

have a huge impact through reducing life and property loss from

fire.

The strategic plan requirement in section 3 of the bill is intended

to provide FEMA and USFA with a means for coordinating and incorporating their response to the Blue Ribbon Panel Report’s recommendations into a broader review of USFA’s activities. Indeed,

it should be seen as the culmination of this effort, not as a separate

exercise.
15

The strategic-plan language also directs the Fire Administration

to look for ways to coordinate with the Department of Defense,

NIST, and other federal agencies, including the Federal Aviation

Administration, the Department of the Interior, and other appropriate agencies. The U.S. spends a great deal of money on research

and training in these and other agencies, but if the information is

not made available to the fire services, then an opportunity has

been lost. The Committee believes that programs at DOD and other

agencies should be taken into account in USFA’s strategic planning

and that FEMA, through USFA, should play a significant role in

coordinating these activities and ensuring that information generated by these activities is made available to State and local fire

services.

FIRE RESEARCH

For Fiscal Year 1999, USFA has budgeted only $650,000 for research. The Committee believes that this level of funding is woefully inadequate. Research is one of the four main activities of the

Fire Administration, but recently, as the figure for Fiscal Year

1999 shows, the agency has paid less and less attention to it. For

Fiscal Years 2000 and 2001, H.R. 1550 authorizes $2.2 million and

$3.0 million, respectively, for research.

Coupled with the increased authorizations, the research agenda

required by the bill will compel the Fire Administration to set priorities and give research a more central role in its activities. The

fire-services community has identified a number of areas needing

more research, including ways to protect citizens and firefighters

and fire-protection systems. These and other areas have been outlined in workshops held by NIST in 1996 and USFA in 1997 and

in the Blue Ribbon Panel Report. The Committee believes the findings of these reports provide a good basis for moving ahead with

a research plan.

As with the strategic plan, the research agenda required in section 4 of H.R. 1550 also directs the Fire Administration to identify

research being conducted at the DOD and other federal agencies

when developing its agenda. Again, the Committee will look to

USFA to work with these other agencies to coordinate their activities to the greatest extent possible, given their different missions,

and would encourage inter-agency agreements in areas of research

beneficial to more than one agency.

Finally, the Committee is concerned that there has been little apparent follow-through on the Memorandum of Understanding

(MOU) between USFA and NIST agreed to by the agencies on November 5, 1997. The goal of this MOU is ‘‘to make available improved suppression, protective , auxiliary, and warning devices incorporating the latest technology.’’ The Committee believes the

NIST facilities are an integral part of any fire research program

and expects USFA to use the research agenda required in the bill

to breathe new life into this agreement.

FIREFIGHTER EQUIPMENT

In 1984, 10.6 percent of firefighter injuries, over 6,600 incidents,

were due to burns. In 1993, despite 10 years of advances in protective clothing, 11.3 percent of firefighter injuries, nearly 6,000 inci-
16

dents, were due to burns. A 1996 workshop organized by NIST explored the factors that lead to burn injuries and identified objectives related to the development of effective protective clothing and

equipment, to fire fighting tactics, and to the training of fire service

personnel.

Section 4 of the bill directs the Administrator to prepare a research agenda and associated implementation plan. The findings of

the 1996 NIST workshop and related materials should be reviewed

as part of the process of developing the research agenda. The Committee recognizes that current understanding is incomplete regarding the relationships among thermal environments, human response to thermal exposures, and fire fighting tactics that result in

burn injuries.

The Committee expects the research agenda to address, and

place an appropriate level of priority on, research needed: (1) to

support the development of more effective firefighter protective

equipment, including sensor technologies that have promise for informing firefighters of impending untenable conditions; (2) to identify best practices in fire fighting tactics; and (3) to support the development of appropriate training materials to improve the safety

of firefighters, including imparting knowledge of the limits of protective clothing and equipment.

REDUCING FIRE INJURY FOR VULNERABLE POPULATIONS

Data collected by the Fire Administration and other sources show

that certain groups are at greater risk from fire injury or death

than the general population. Children under five years of age perish in fires at twice the national fire death rate. For Black children,

home fires are the leading cause of injury-related deaths of those

between the ages of one and nine. Likewise, for the elderly over

seventy years of age, the death rate from fire is one and one half

times the national average, rising to four times the national average by age eighty five. The Hispanic community is at-risk due to

fire-related injuries and deaths.

Data on socioeconomic factors affecting fire-related injury are

less exact, but available information indicates that the poor suffer

a disproportionate share of deaths versus the rest of the population. For example, smoking, which is inversely related to income

level, accounts for 26 percent of all fire deaths; and neighborhoods

with high proportions of low income households have higher fire incidence rates than middle or high income neighborhoods.

The mission of the Fire Administration includes public education

about fire risk and research related to fire protection. The Committee expects the Fire Administration, in carrying out the requirement of sections 3 and 4 of the bill, to direct its efforts and resources appropriately to address ways to combat the vulnerability

of the population groups that suffer disproportionately from fire injury.

The Committee expects the Fire Administration to provide in its

strategic plan for the development of public education programs designed for these at-risk audiences. In order to develop effective materials and approaches, the Fire Administration should consider

any actions needed to improve the current understanding of the

factors that lead to fire risk, including the adequacy of current data
17

collection activities. In establishing research priorities in accordance with section 4 of the bill, the Committee expects the Fire Administration to consider whether its research program should include studies of the socioeconomic characteristics associated with

increased fire risk. The Committee believes that effective, targeted

fire prevention campaigns can be developed only from a sound

knowledge base.

The Committee is concerned about recent media reports that

have detailed fire deaths in Texas and other states from the use

of security bars known as ‘‘burglary bars’’ on doors and windows in

high crime areas. These devices offer occupants protection from

criminals. However, in times of fire the bars have entrapped individuals inside their residences and have prevented their evacuation

and rescue. The Committee requests that the Fire Administration

study ways to prevent fire injury and death from the use and the

installation of security bars and to report its findings to the Committee within 90 days following the enactment of the bill.

INFORMATION ON SURPLUS/EXCESS FEDERAL EQUIPMENT AND

COOPERATIVE AGREEMENTS

Sections 5 and 6 of H.R. 1550 add new responsibilities to USFA.

Many local fire and emergency services are at a disadvantage when

it comes to acquiring surplus and excess federal equipment because

information on such equipment is not widely available. In addition,

while many local fire services have cooperative agreements with

local federal facilities, usually military bases, other communities

may not take advantage of these opportunities to improve local

services because of a lack of information. The Committee believes

that USFA can play in important role in providing general information in these areas. Fire services should be able to rely on USFA

as the point of contact for such information, much of which can be

provided on USFA’s Internet home page. However, USFA’s role

should be to provide information only, not to participate with fire

and emergency services either in applying for equipment or negotiating a cooperative agreement.

NATIONAL FIRE ACADEMY CURRICULUM REVIEW

The need for a review of the curriculum at NFA was established

in the Blue Ribbon Panel Report and in testimony before the Subcommittee on Basic Research. The Committee agrees with this assessment and urges USFA to ensure that the courses of instruction

it develops and delivers at NFA incorporates the latest research,

takes advantage of advances in information technology, and complements, not duplicates, course offered at the State level. Further,

it believes that the curriculum at NFA should be comparable to

that at other federal facilities, such as the Federal Bureau of Investigation Academy in Quantico, Virginia.

IX. COMMITTEE COST ESTIMATE

Rule XIII, clause 3(d)(2) of the House of Representatives requires

each committee report accompanying each bill or joint resolution of

a public character to contain: (1) an estimate, made by such committee, of the costs which would be incurred in carrying out such
18

bill or joint resolution in the fiscal year in that it is reported, and

in each of the five fiscal years following such fiscal year (or for the

authorized duration of any program authorized by such bill or joint

resolution, if less than five years); (2) a comparison of the estimate

of costs described in subparagraph (1) of this paragraph made by

such committee with an estimate of such costs made by any Government agency and submitted to such committee; and (3) when

practicable, a comparison of the total estimated funding level for

the relevant program (or programs) with the appropriate levels

under current law. However, House Rule XII, clause 3(d)(3)(B) provides that this requirement does not apply when a cost estimate

and comparision prepared by the Director of the Congressional

Budget Office under section 403 of the Congressional Budget Act

of 1974 has been timely submitted prior to the filing of the report

and included in the report pursuant to House Rule XIII, clause

3(c)(3). A cost estimate and comparison prepared by the Director of

the Congressional Budget Office under section 403 of the Congressional Budget Act of 1974 has been timely submitted prior to the

filing of this report and is included in Section X of this report pursuant to House Rule XIII, clause 3(c)(3).

Rule XIII, clause 3(c)(2) of the House of Representatives requires

each committee report that accompanies a measure providing new

budget authority (other than continuing appropriations), new

spending authority, or new credit authority, or changes in revenues

or tax expenditures to contain a cost estimate, as required by section 308(a)(1) of the Congressional Budget Act of 1974 and, when

practicable with respect to estimates of new budget authority, a

comparison of the total estimated funding level for the relevant

program (or programs) to the appropriate levels under current law.

H.R. 1550 does not contain any new budget authority, credit authority, or changes in revenues or tax expenditures. Assuming that

the sums authorized under the bill are appropriated, H.R. 1550

does authorize additional discretionary spending, as described in

the Congressional Budget Office report on the bill, which is contained in Section X of this report.

X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

CONGRESSIONAL BUDGET OFFICE,

U.S. CONGRESS,

Washington, DC, May 6, 1999.

Hon. F. JAMES SENSENBRENNER, JR.,

Chairman, Committee on Science,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1550, the Fire Administration Authorization Act of 1999.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Megan Carroll.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Grippen, Director).

Enclosure.
19

H.R. 1550—Fire Administration Authorization Act of 1999

Summary: H.R. 1550 would authorize appropriations totaling

$127 million over the 1999–2001 period for the programs, salaries,

and expenses of the United States Fire Administration (USFA).

(That amount includes $31 million for 1999; an appropriation of

$32 million has already been provided for the current year.) The

bill would require reports on the agency’s research agenda,

counterterrorism training, and curriculum development for the National Fire Academy and would direct the USFA to increase efforts

to disseminate information. H.R. 1550 also would direct the USFA

to develop a strategic plan by April 30, 2000, and would require

that the agency’s budget for 2001 be consistent with that plan.

Other provisions in the bill would repeal an exception to a fire safety requirement for federally funded pubic housing in New York

City as well as certain requirements for the USFA.

Assuming appropriation of the amounts authorized for fiscal

years 2000 and 2001, CBO estimates that implementing H.R. 1550

would increase discretionary spending by $96 million over the

2000–2004 period. CBO estimates that H.R. 1550 would not affect

spending in the current year because funds have already been appropriated that exceed the level authorized by the bill for 1999. The

bill would affect direct spending or receipts; therefore, pay-as-yougo procedures would not apply. H.R. 1550 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.

Estimated cost to the Federal Government: For the purposes of

this estimate, CBO assumes that the amounts authorized for 2000

and 2001 will be appropriated by the start of each fiscal year and

that outlays will follow the historical spending pattern for the

USFA. CBO estimates that other provisions of H.R. 1550 would not

have any significant impact on federal spending. The estimated

cost of the bill is shown in the following table. The costs of this legislation fall within budget function 450 (community and regional

development).

By fiscal years, in millions of dollars—

1999 2000 2001 2002 2003 2004

SPENDING SUBJECT TO APPROPRIATION

Spending by USFA Under Current Law:

Budget Authority 1 ............................................................... 32 0 0 0 0 0

Estimated Outlays ............................................................... 51 20 8 2 0 0

Proposed Changes:

Authorization Level .............................................................. 0 46 50 0 0 0

Estimated Outlays ............................................................... 0 28 42 18 7 1

Spending by USFA Under H.R. 1550:

Authorization Level 1 ............................................................ 32 46 50 0 0 0

Estimated Outlays ............................................................... 51 48 50 20 7 1

1 The 1999 level of $32 million is the amount appropriated for that year. The bill would authorize $31 million for 1999, thus CBO expects

that the bill would not affect spending in the current year.

Pay-as-you-go considerations: None.

Intergovernmental and private-sector impact: H.R. 1550 contains

no intergovernmental or private-sector mandates as defined in

UMRA and would impose no costs on state, local, or tribal governments. Some of the funds authorized in this bill would be used for
20

grants, technical assistance, and training for state and local fire departments.

Estimate prepared by: Megan Carroll.

Estimate approved by: Robert A. Sunshine, Deputy Assistant Director for Budget Analysis.

XI. COMPLIANCE WITH PUBLIC LAW 104–4

H.R. 1550 contains no unfunded mandates.

XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Rule XIII, clause 3(c)(1) of the House of Representatives requires

each committee report to include oversight findings and recommendations required pursuant to clause 2(b)(1) of rule X. The

Committee has no oversight findings.

XIII. OVERSIGHT FINDINGS AND RECOMMENDATIONS BY THE

COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT

Rule XIII, clause 3(c)(4) of the House of Representatives requires

each committee report to contain a summary of the oversight findings and recommendations made by the House Committee on Government Reform pursuant to clause 4(c)(2) of rule X, whenever

such findings and recommendations have been submitted to the

Committee in a timely fashion. The Committee on Science has received no such findings or recommendations from the Committee

on Government Reform.

XIV. CONSTITUTIONAL AUTHORITY STATEMENT

Rule XIII, clause 3(d)(1) of the House of Representatives requires

each report of a committee on a bill or joint resolution of a public

character to include a statement citing the specific powers granted

to the Congress in the Constitution to enact the law proposed by

the bill or joint resolution. Article I, section 8 of the Constitution

of the United States grants Congress the authority to enact H.R.

1550.

XV. FEDERAL ADVISORY COMMITTEE STATEMENT

H.R. 1550 does not establish, nor authorize the establishment of,

any advisory committee.

XVI. CONGRESSIONAL ACCOUNTABILITY ACT

The Committee finds that H.R. 1550 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).

XVII. 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 (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):
21

FEDERAL FIRE PREVENTION AND CONTROL ACT OF

1974

* * * * * * *

MASTER PLANS

SEC. 10. (a)***

ø(b) REPORT.—Four years after the date of enactment of this Act,

the Secretary shall submit to the Congress a report on the establishment and effectiveness of master plans in the field of fire prevention and control throughout the Nation. Such report shall include, but need not be limited to—

ø(1) a summary of the extent and quality of master planning

activities;

ø(2) a summary and evaluation of master plans that have

been prepared by States and political subdivisions thereof.

Such summary and evaluation shall consider, with respect to

each such plan (A) the characteristics of the jurisdiction adopting it, including, but not limited to, density and distribution of

population; ratio of volunteer versus paid fire services; geographic location, topography, and climate; per capita rate of

death and property loss from fire; size and characteristics of

political subdivisions of the governmental units thereof; and

socio-economic composition; and (B) the approach to development and implementation of the master plans;

ø(3) an evaluation of the best approach to the development

and implementation of master plans (e.g., central planning by

a State agency, regionalized planning within a State coordinated by a State agency, or local planning supplemented and

coordinated by a State agency);

ø(4) an assessment of the costs and benefits of master plans;

ø(5) a recommendation to Congress on whether Federal financial assistance should be authorized in order that master

plans can be developed in all States; and

ø(6) a model master plan or plans suitable for State and

local implementation.¿

ø(c)¿ (b) DEFINITION.—For the purposes of this section, a ‘‘master

plan’’ is one which will result in the planning and implementation

in the area involved of a general program of action for fire prevention and control. Such master plan is reasonably expected to include (1) a survey of the resources and personnel of existing fire

services and an analysis of the effectiveness of the fire and building

codes in such area; (2) an analysis of short and long term fire prevention and control needs in such area; (3) a plan to meet the fire

prevention and control needs in such area; and (4) an estimate of

cost and realistic plans for financing the implementation of the

plan and operation on a continuing basis and a summary of problems that are anticipated in implementing such master plan.

* * * * * * *

øAUTHORIZATION OF APPROPRIATIONS

øSEC. 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
22

11 of this Act, an amount not to exceed $25,210,000 for the fiscal

year ending September 30, 1980, which amount includes—

ø(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);

ø(2) $9,430,000 for the National Academy for Fire Prevention

and Control;

ø(3) $307,000 for adjustments required by law in salaries,

pay, retirement, and employee benefits;

ø(4) $500,000 for additional rural firefighting technical assistance and information activities;

ø(5) $500,000 for the study required by section 26 of this Act;

and

ø(6) $110,000 for the study required by section 27 of this Act.

ø(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.

ø(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 this Act, an amount not to exceed $23,814,000 for the fiscal year ending September 30, 1981,

which amount includes—

ø(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;

ø(2) not less than $2,575,000 for rural fire prevention and

control; and

ø(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.

ø(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—

ø(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—

ø(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

ø(B) $654,000 for the fiscal year ending September 30,

1982, and $732,480 for the fiscal year ending September
23

30, 1983, for executive direction by the Federal Emergency

Management Agency of program activities for which appropriations are authorized by this subsection; and

ø(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.

ø(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—

ø(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

ø(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.

ø(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.

ø(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—

ø(A) $17,039,000 for the fiscal year ending September 30,

1989;

ø(B) $17,737,000 for the fiscal year ending September 30,

1990;

ø(C) $18,464,000 for the fiscal year ending September 30,

1991;

ø(D) $25,550,000 for the fiscal year ending September 30,

1992;

ø(E) $26,521,000 for the fiscal year ending September 30,

1993;

ø(F) $27,529,000 for the fiscal year ending September 30,

1994;

ø(G) $29,664,000 for the fiscal year ending September 30,

1998; and

ø(H) $30,554,000 for the fiscal year ending September 30,

1999.

ø(2) Of the amount 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.
24

ø(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—

ø(1) $500,000 for fiscal year 1995 for basic research on the

development of an advanced course on arson prevention;

ø(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;

ø(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

ø(4) $250,000 for each of the fiscal years 1995 and 1996 for

salaries and expenses for carrying out section 25.¿

AUTHORIZATION OF APPROPRIATIONS

SEC. 17. 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—

(1) $30,554,000 for fiscal year 1999;

(2) $46,130,000 for fiscal year 2000, of which $2,200,000

shall be used for research activities, and $250,000 shall be used

for contracts or grants to non-Federal entities for data analysis,

including general fire profiles and special fire analyses and report projects, and of which $6,000,000 shall be for anti-terrorism training, including associated curriculum development, for

fire and emergency services personnel; and

(3) $49,500,000 for fiscal year 2001, of which $3,000,000

shall be used for research activities, and $250,000 shall be used

for contracts or grants to non-Federal entities for data analysis,

including general fire profiles and special fire analyses and report projects, and of which $8,000,000 shall be for anti-terrorism training, including associated curriculum development, for

fire and emergency services personnel.

None of the funds authorized by paragraph (3) may be obligated unless the Administrator has certified to the Committee on Science of

the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate that the obligation of

funds is consistent with the strategic plan transmitted under section

3 of the Fire Administration Authorization Act of 1999.

* * * * * * *

øCONFORMING AMENDMENTS

øSEC. 23. Section 12 of the Act of February 14, 1903, as amended

(15 U.S.C. 1511), is amended to read as follows:

ø‘‘BUREAUS IN DEPARTMENT

ø‘‘SEC. 12. The following named bureaus, administrations, services, offices, and programs of the public service, and all that pertains thereto, shall be under the jurisdiction and subject to the control of the Secretary of Commerce:

ø‘‘(a) National Oceanic and Atmospheric Administration;

ø‘‘(b) United States Travel Service;
25

ø‘‘(c) Maritime Administration;

ø‘‘(d) National Bureau of Standards;

ø‘‘(e) Patent Office;

ø‘‘(f) Bureau of the Census;

ø‘‘(g) National Fire Prevention and Control Administration; and

ø‘‘(h) such other bureaus or other organizational units as the Secretary of Commerce may from time to time establish in accordance

with law.’’¿

FEDERAL PROGRAMS TO COMBAT ARSON

SEC. 24. ø(a) The¿ The Administrator shall—

(1) * * *

* * * * * * *

ø(b)(1) The Administrator shall prepare and submit to Congress

not later than March 15, 1979, a report on ways in which the Federal Government may better assist the States and local jurisdictions in providing for more effective arson prevention, detection,

and control. Such report shall include, but need not be limited to—

ø(A)(i) an assessment of State and local capabilities in regard

to arson investigation and detection; and

ø(ii) an evaluation of the necessity for and the desirability of

Federal supplementation of such State and local capabilities or

other Federal assistance in arson detection;

ø(B) a summary of Federal programs which seek to reduce

arson;

ø(C) an identification and analysis of existing Federal and

State laws which may contribute to the incidence of arson;

ø(D) recommendations for additional legislation or other programs, including research programs, or policies which may be

required to assist in reducing arson in the United States; and

ø(E) an assessment, where practical, of the costs and benefits

of those programs and activities cited in paragraphs (1)

through (4) of subsection (a) or recommended by the Administration.

ø(2) Of the funds authorized to be appropriated in section 17 of this Act, $100,000 shall be available in fiscal year 1979 for carrying

out the purposes of paragraph (1) of this subsection.¿

* * * * * * *

øSEC. 26. (a) The Administrator shall, within ten months of the

date of enactment of this section, complete a study of the effectiveness of smoke detectors, heat detectors, and sprinkler suppression

systems in saving lives, preventing injuries, and limiting property

damage in fires, which report shall be submitted to the Congress

and the President in conducting such study, the Administrator

shall consider, among other factors—

ø(1) whether and the extent to which such devices and systems have been and are effective in reducing the severity of

fires, including estimates with respect to the potential for savings in lives, and injury prevention attributable to the operation of such systems and devices;

ø(2) the experience of Federal organizations, States, localities, and other political subdivisions which have required the

use of such systems and devices; and
26

ø(3) a description of Administration programs regarding

smoke detectors, heat detectors, sprinkler suppression systems

and other systems, together with an analysis of the utilization

of these systems, and devices as a result of these programs.

ø(b) If the Administrator determines, as a result of the study

conducted pursuant to subsection (a) of this section, that smoke detectors, heat detectors, sprinkler suppression systems or other similar systems or devices either have been or may be of assistance in

the detection and control of fire, the Administrator shall include,

as part of the report conducted pursuant to this section, recommendations regarding what should be the Federal role, if any,

with respect to creating incentives for the use of such devices or

systems by the public, by business concerns, and by Federal, State

and local governments. In making such recommendations, the Administrator shall consider—

ø(1) the incentives, including financial incentives, which

might be developed to require or facilitate installation within

new or existing buildings of smoke detectors, heat detectors,

sprinkler suppression systems, or any combination of such systems, or other similar systems and devices; and

ø(2) the benefits, if any, of demonstration or other such programs directed at residents in high impact fire areas in order

to increase the use of smoke detectors, heat detectors, sprinkler suppression systems, or other systems or devices.

ø(c) As part of its report submitted pursuant to this section, the

Administrator shall provide specific legislative proposals to the

Congress for implementing any recommendations made pursuant

to this section.

ø(d) Upon request of the Administrator, each Federal department

and agency shall furnish to the Administrator such information,

data, estimates, and statistics, and allow the Administrator access

to all information in its possession, as the Administrator may reasonably determine to be necessary for the conduct of the study required by this section.

øFIREFIGHTER SAFETY STUDY

øSEC. 27. (a) The Administrator shall conduct a review of firefighter safety. Such review shall include, but need not be limited

to—

ø(1) an analysis of the current situation with respect to the

safety of firefighters;

ø(2) an analysis of the effectiveness of protective garments,

firefighting breathing equipment, personal communications

systems, and other protective subsystems, together with recommendations for improving such equipment in order to further firefighting safety;

ø(3) development of a plan for increased technology transfer

to firefighting units of more effective technologies in the areas

identified in paragraph (2) of this subsection.

ø(b) The Administrator shall submit to Congress the results of

such review, together with appropriate recommendations for legislation, not later than March 31, 1980.¿

* * * * * * *
27

SEC. 33. SURPLUS AND EXCESS FEDERAL EQUIPMENT.

The Administrator shall make publicly available, including

through the Internet, information on procedures for acquiring surplus and excess Federal fire, emergency, hazardous material, or

other equipment or property that may be useful to State and local

fire and emergency services.

SEC. 34. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.

The Administrator shall make publicly available, including

through the Internet, information on procedures for establishing cooperative agreements between State and local fire and emergency

services and Federal facilities in their region relating to the provision of fire and emergency services.

SECTION 4 OF THE ACT OF DECEMBER 14, 1993

AN ACT To make a technical amendment, and for other purposes.

øSEC. 4. EXCEPTION TO FIRE SAFETY REQUIREMENT FOR NEWLY

CONSRUCTED MULTIFAMILY PROPERTY.

øIn the case of any newly constucted multifamily property, as defined in section 31(c)(2)(A)(ii) of the Federal Fire Prevention and

Control Act of 1974, in the city of New York in the State of New

York, the requirement contained in section 31(c)(2)(A)(i) of the Federal Fire Prevention and Control Act of 1974 with respect to an

automatic sprinkler system shall be deemed to be met if such property meets an equivalent level of safety (as defined in section

31(a)(3) of such Act).¿

XVIII. COMMITTEE RECOMMENDATIONS

On April 29, 1999, a quorum being present, the Committee favorably reported H.R. 1550, the Fire Administration Authorization Act

of 1999, by a voice vote, and recommends its enactment.

XIX. PROCEEDINGS OF FULL COMMITTEE MARKUP

Chairman SENSENBRENNER. The next bill on the markup calendar is H.R. 1550, U.S. Fire Administration Authorization Act of

1999. This bill reauthorizes the training, research, data collection

and analysis, and public education programs of the United States

Fire Academy—the Fire Administration, which includes the National Fire Academy. This year marks the 25th anniversary of the

Fire Prevention and Control Act establishing the Fire Administration, so this seems like an appropriate time for Congress to undertake a review of the agency.

Since its formation in 1974, the Fire Administration has played

an important role in reducing the loss to life and property from

fire. But recently, many in the firefighting community have begun

questioning the value of a Fire Administration that appears to

have lost its way. These concerns were given voice in the recent

Blue Ribbon Panel report. This panel of experts was commissioned

by FEMA Director James Lee Witt and identified a number of deficiencies that have undermined the agency’s effectiveness. This bill

will, I believe, help get the Fire Administration back on track, es-
28

pecially in research, an area that has been neglected in recent

years.

The bill not only authorizes additional funding for all the agency’s programs, it also requires detailed planning on how that

money will be spent without resorting to micromanagement. I

would like to commend Mr. Smith, the Chairman of the Subcommittee on Basic Research, and Ms. Johnson, the Ranking Minority Member of the Subcommittee, for all their work in producing

a balanced bill that will rejuvenate and strengthen the Fire Administration, and it deserves strong and broad bipartisan support.

The gentleman from Michigan, Mr. Smith is recognized for an

opening statement.

Mr. SMITH. Thank you, Mr. Chairman. H.R. 1550 is legislation

that I hope is the beginning of a commitment from Congress to increase support for our firefighters and emergency personnel. Firefighters and EMS personnel are vital to every community in our

country. They risk their lives, yet 80 percent of these men and

women are volunteers. H.R. 1550 is a bill that addresses problems

and will help the Fire Administration meet its responsibility.

The bill authorizes $45.1 million for the Fiscal Year 2000—$2.2

million is set aside for research. That’s four times the research

money that’s used in this current year. The overall authorization

is consistent with the Administration’s request and represents an

increase of $12.9 million, or nearly 40 percent, over Fiscal Year

1999. For Fiscal Year 2001, the bill authorizes a 5 percent increase

over the 1999 level to $47.5 million, increasing the research money

to $3 million for directed—for research. The bill directs the administrator to certify to Congress that the obligation of funds for Fiscal

Year 2001 is consistent with a strategic plan required in section 3

of the bill.

The language requiring the strategic plan for the Fire Administration is modeled after the Government Performance and Results

Act. And, while it’s important for FEMA to incorporate the Fire Administration into its federal disaster planning, it’s also important

for the Fire Administration, individually, separately, to establish

priorities that will be more effective in reducing life and property

loss from fire.

The strategic plan language also directs the Fire Administration

to look for ways to coordinate with other federal agencies, especially the Department of Defense. And it will provide an appropriate vehicle for incorporating the recommendations of the Blue

Ribbon Panel. I worked with the Department of Defense authorizers to include language in their bill that will result in closer cooperation, especially in the area of terrorism and weapons of mass

destruction.

In addition to a substantial increase for research in section 2,

H.R. 1550 also directs the Fire Administration to establish a research agenda. Research is one of the four main activities of the

Fire Administration, however, this year, research efforts are only

$650,000. Coupled with the increased authorization, this research

agenda will allow the Fire Administration to set priorities and give

research a more central role in its activities. This section of the bill

also directs the Fire Administration to take stock of research being
29

conducted at the Department of Defense and all other appropriate

federal agencies.

H.R. 1550 increases assistance to community fire departments

for the acquisition of excess and surplus federal equipment.

Finally, consistent with the oversight agenda adopted by the

Committee, the bill deletes obsolete provisions of the statute.

In conclusion, Mr. Chairman, we’ve made great strides in reducing losses from fire. Between 1985 and 1994, fire deaths decreased

32 percent and the property losses from fire decreased by over 13

percent. Nonetheless, the losses due to fire remain unacceptably

high. Each year, fire still destroys over 4,000 lives, injures another

25,000, and results in property losses of about $9 billion a year. We

can and must do better for our citizens and for the firefighters who

risk their lives to protect their communities. This bill will strengthen the federal fire programs and improve training and research.

And, before closing, I would like to thank the gentlewoman from

Texas, Ms. Johnson, for her important support and, Mr. Chairman,

thank you for your efforts in bringing the bill before the Committee

today. H.R. 1550 is an important piece of legislation that I ask all

my colleagues to support.

[The information follows:]

OPENING STATEMENT OF HON. NICK SMITH

Thank you, Mr. Chairman. As you said in your opening statement, there is a

great deal of concern about the situation at Fire Administration, both within Congress and the fire-services community. H.R. 1550 is a bill that addresses these problems and will help the agency meet its responsibilities.

H.R. 1550 authorizes $45.1 million for FY 2000, $2.2 million of which is set aside

for research. This authorization is consistent with the Administration’s request and

represents an increase of $12.9 million, or nearly 40 percent, over the Fiscal Year

1999 level.

For Fiscal year 2001, the bill authorizes a 5.3 percent increase, to $47.5 million,

$3.0 million of which is for research. There is, however, a string attached. The bill

directs the Administrator to certify to Congress that the obligation of funds for Fiscal Year 2001 is consistent with the strategic plan required in Section 3 of the bill.

The language requiring the strategic plan is modeled closely after that in the Government Performance and Results Act. I would note that in FEMA’s strategic plan,

the Fire Administration is mentioned very little. We should keep in mind that for

the most part, fires are personal tragedies, not Federal ones. So while it is important for FEMA to incorporate the Fire Administration into its Federal-disaster planning, it is also important for the Fire Administration to establish priorities of its

own that, when taken in the aggregate, can have a huge impact in reduced life and

property loss from fire. The strategic-plan language also directs the Fire Administration to look for ways to coordinate with other Federal agencies, especially the Department of Defense, and will provide an appropriate vehicle for incorporating the

recommendations of the Blue Ribbon Panel.

In addition to the substantial increase for research in Section 2, H.R. 1550 also

directs the Fire Administration to establish a research agenda. Research is one of

the four main activities of the Fire Administration, but recently the agency has paid

less and less attention to it. In Fiscal Year 1999, for example, the Fire Administration budgeted only $650,000 for research. Coupled with the increased authorizations, this research agenda will compel the Fire Administration to set priorities and

give research a more central role in its activities. This section of the bill also directs

the Fire Administration to take stock of research being conducted at the Department of Defense and other Federal agencies when developing its agenda.

H.R. 1550 also requires the Fire Administration to make accessible, including

through the Internet, information on the availability of, and the procedures for acquiring, excess and surplus Federal equipment and on the procedures for establishing a cooperative agreement with a Federal facility, such as a local National Guard

base. Finally, consistent with the Oversight Agenda adopted by the Committee, the

bill deletes obsolete provisions of the statute.
30

Mr. Chairman, we have made great strides in reducing losses from fire. Between

1985 and 1994, fire deaths decreased 32 percent and the property losses for fire

have decreased by over 13 percent. Nevertheless, the losses due to fire remain unacceptably high. Each year, fire still destroys over 4,000 lives, injures another 25,000,

and results in property losses of about $9 billion.

We can and must do better for our citizens and for the firefighters who risk their

lives to protect their communities. Together with strong oversight, H.R. 1550 will

strengthen Federal fire programs and improve training and research.

Before closing, I would like to thank the Gentlewoman from Texas, Ms. Johnson,

for her input and support and you, Mr. Chairman, for your efforts in bringing the

bill before the Committee today. I think that it is important that we also note the

tremendous contribution of the Blue Ribbon Panel to the Committee’s efforts. Their

advice and guidance will result in a Fire Administration that will serve more ably

the fire services in this country.

H.R. 1550 is an important piece of legislation and I ask my colleagues to support

it.

Chairman SENSENBRENNER. The gentleman’s time has expired.

The gentlewoman from Texas, Ms. Johnson, the Ranking Member

of the Subcommittee.

Ms. JOHNSON. Thank you, Mr. Chairman. The Fire Administration has long enjoyed the bipartisan support of the Science Committee because of its vital mission to improve the safety of all of

our citizens. I would like to commend Mr. Smith, the Chairman of

the Basic Research Subcommittee, for working with us in a collegial way in developing H.R. 1550, and I also thank you for bringing

the bill before the Committee for its consideration.

The Federal Fire Prevention and Control Act of 1974 was intended to address a serious problem affecting the safety of all

Americans. Much progress has been made during the past 25 years

in public education about fire safety and improving the effectiveness of fire services and the wider use of home fire safety devices.

Nevertheless, the United States still has one of the highest fire

death rates among advanced nations. The bill before the Committee seeks to reinvigorate the efforts of the Fire Administration.

I am pleased that it endorses the President’s Fiscal Year 2000

proposal for a 40 percent funding increase. Although this increase

will raise the Fire budget to over $45 million, it still pales compared to the scale contemplated for the agency. The landmark report, America Burning, which was the genesis of the 1974 Act, recommended an initial budget for the Fire Administration of $124

million in then-year dollars.

The bill is a good start to providing the level of resources the

Fire Administration needs to carry out its important mission. H.R.

1550, as introduced, will enable the Fire Administration to increase

support for its critical responsibility for firefighter training through

the National Fire Academy. Moreover, the budget growth will enable the agency to reverse the steep decline in support for fire research and for public education programs, especially programs to

reach the elderly and the poor populations which are most at risk

from fire injuries. I will suggest report language at the appropriate

time dealing with these areas.

In addition to the funding, the bill establishes a requirement for

a 5-year program plan for the agency. This plan will constitute the

formal documentation of the Fire Administration’s response to the

recommendation of last year’s Blue Ribbon Panel report. I still

have some questions about the mixed messages from the White
31

House that I’ve received, and Mr. Witt. And I appreciate the commitment to hold hearings before the next Committee review.

Part of the progress required for developing this plan will include

consultation with NIST and the Fire Service organizations to establish a prioritized set of research goals. I am particularly interested

in seeing that this research prioritization place adequate emphasis

on development of firefighter protection equipment. I am pleased to

recommend the measure to my colleagues for their approval. Thank

you, Mr. Chairman.

Chairman SENSENBRENNER. The gentlewoman’s time has expired. Without objection, further opening statements will be inserted into the record at this point.

And the bill—without objection, the bill will be read the first

time and open for amendment at any point.

[The information follows:]

H.R. 1550

Be it enacted by the Senate and House of Representatives of the United States of

America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Fire Administration Authorization Act of 1999’’.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

Section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2216) is amended to read as follows:

‘‘AUTHORIZATION OF APPROPRIATIONS

‘‘SEC. 17. 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—

‘‘(1) $30,554,000 for fiscal year 1999;

‘‘(2) $45,130,000 for fiscal year 2000, of which $2,200,000 shall be used for research activities; and

‘‘(3) $47,500,000 for fiscal year 2001, of which $3,000,000 shall be used for research activities.

None of the funds authorized by paragraph (3) may be obligated unless the Administrator has certified to the Committee on Science of the House of Representatives

and the Committee on Commerce, Science, and Transportation of the Senate that

the obligation of funds is consistent with the strategic plan transmitted under section 3 of the Fire Administration Authorization Act of 1999.’’.

SEC. 3. STRATEGIC PLAN.

(a) REQUIREMENT.—Not later than April 30, 2000, the Administrator of the United

States Fire Administration shall prepare and transmit to the Committee on Science

of the House of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a 5-year strategic plan of program activities for the

United States Fire Administration.

(b) CONTENTS OF PLAN.—The plan required by subsection (a) shall include—

(1) a comprehensive mission statement covering the major functions and operations of the United States Fire Administration in the areas of training, research, data collection and analysis, and public education;

(2) general goals and objectives, including those related to outcomes, for the

major functions and operations of the United States Fire Administration;

(3) a description of how the goals and objectives identified under paragraph

(2) are to be achieved, including operational processes, skills and technology,

and the human, capital, information, and other resources required to meet those

goals and objectives;

(4) an identification of the fire-related activities of the National Institute of

Standards and Technology, the Department of Defense, and other Federal agencies, and a discussion of how those activities can be coordinated with and contribute to the achievement of the goals and objectives identified under paragraph (2);
32

(5) a description of objective, quantifiable performance goals needed to define

the level of performance achieved by program activities in training, research,

data collection and analysis, and public education, and how these performance

goals relate to the general goals and objectives in the strategic plan;

(6) an identification of key factors external to the United States Fire Administration and beyond its control that could affect significantly the achievement of

the general goals and objectives;

(7) a description of program evaluations used in establishing or revising general goals and objectives, with a schedule for future program evaluations; and

(8) a description of how the strategic plan prepared under this section will

be incorporated into the strategic plan and the performance plans and reports

of the Federal Emergency Management Agency.

SEC. 4. RESEARCH AGENDA.

(a) REQUIREMENT.—Not later than 120 days after the date of the enactment of

this Act, the Administrator of the United States Fire Administration, in consultation

with the Director of the Federal Emergency Management Agency, the Director of

the National Institute of Standards and Technology, representatives of trade associations, State and local firefighting services, and other appropriate entities, shall

prepare and transmit to the Committee on Science of the House of Representatives

and the Committee on Commerce, Science, and Transportation of the Senate a report describing the United States Fire Administration’s research agenda and including a plan for implementing that agenda.

(b) CONTENTS OF REPORT.—The report required by subsection (a) shall—

(1) identify research priorities;

(2) describe how the proposed research agenda will be coordinated and integrated

with the programs and capabilities of the National Institute of Standards and Technology, the Department of Defense, and other Federal agencies;

(3) identify potential roles of academic and other research institutions in achieving the research agenda;

(4) provide cost estimates, anticipated personnel needs, and a schedule for completing the various elements of the research agenda;

(5) describe ways to leverage resources through partnerships, cooperative agreements, and other means; and

(6) discuss how the proposed research agenda will enhance training, improve

State and local firefighting services, impact standards and codes, increase firefighter

and public safety, and advance firefighting techniques.

(c) USE IN PREPARING STRATEGIC PLAN.—The research agenda prepared under

this section shall be used in the preparation of the strategic plan required by section

3.

SEC. 5. SURPLUS AND EXCESS FEDERAL EQUIPMENT.

The Federal Fire Prevention and Control Act of 1974 is amended by adding at

the end the following new section:

‘‘SEC. 33. SURPLUS AND EXCESS FEDERAL EQUIPMENT.

‘‘The Administrator shall make publicly available, including through the Internet,

information on procedures for acquiring surplus and excess Federal fire, emergency,

hazardous material, or other equipment or property that may be useful to State and

local fire and emergency services.’’.

SEC. 6. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.

The Federal Fire Prevention and Control Act of 1974 is amended by adding at

the end the following new section:

‘‘SEC. 34. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.

‘‘The Administrator shall make publicly available, including through the Internet,

information on procedures for establishing cooperative agreements between State

and local fire and emergency services and Federal facilities in their region relating

to the provision of fire and emergency services.’’.

SEC. 7. MISCELLANEOUS REPEALS.

The Federal Fire Prevention and Control Act of 1974 is amended—

(1) by repealing section 10(b) and redesignating subsection (c) of that section as

subsection (b);

(2) by repealing section 23;

(3) in section 24—

(A) by striking ‘‘(a) The’’ and inserting ‘‘The’’; and

(B) by repealing subsection (b);

(4) by repealing section 26; and
33

(5) by repealing section 27.

Chairman SENSENBRENNER. The first amendment on the roster

is by the gentleman from Colorado, Mr. Udall. And, in the interest

of time, the Chair is going to make you an offer you can’t refuse.

[Laughter.]

I notice you also have amendment number six. If you would like

to offer them both at the same time, you can get a two for one.

Mr. UDALL. Mr. Chair, I’d be glad to work with you on this.

Chairman SENSENBRENNER. Okay. The clerk will report the

amendments.

The CLERK. Amendment to H.R. 1550, offered by Mr. Udall——

Chairman SENSENBRENNER. Without objection, the amendments

will be considered as read. They are also considered en bloc.

[The information follows:]

AMENDMENT TO H.R. 1550 OFFERED BY MR. UDALL OF COLORADO

Page 2, line 11, strike ‘‘$45,130,000’’ and insert ‘‘$46,130,000’’.

Page 2, line 12, insert ‘‘, and of which $6,000,000 shall be for anti-terrorism training, including associated curriculum development, for fire and emergency services

personnel’’ after ‘‘for research activities’’. Page 2, line 13, strike ‘‘$47,500,000’’ and insert ‘‘$49,500,000’’.

Page 2, line 14, insert ‘‘, and of which $8,000,000 shall be for anti-terrorism training, including associated curriculum development, for fire and emergency services

personnel’’ after ‘‘for research activities’’.

Page 7, after line 24, insert the following new section:

SEC. 8. NEED FOR ADDITIONAL TRAINING IN COUNTERTERRORISM.

(a) IN GENERAL.—The Administrator of the United States Fire Administration

shall conduct an assessment of the need for additional capabilities for Federal

counterterrorism training of emergency response personnel.

(b) CONTENTS OF ASSESSMENT.—The assessment conducted under this section

shall include—

(1) a review of the counterterrorism training programs offered by the United

States Fire Administration and other Federal agencies;

(2) an estimate of the number and types of emergency response personnel

that have, during the period between January 1, 1994, and June 1, 1999, sought

training described in paragraph (1), but have been unable to receive that training as a result of the oversubscription of the training capabilities; and

(3) a recommendation on the need to provide additional Federal

counterterrorism training centers, including—

(A) an analysis of existing Federal facilities that could be used as

counterterrorism training facilities; and

(B) a cost-benefit analysis of the establishment of counterterrorism training facilities in regions where many applicants for such training reside.

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act,

the Administrator shall prepare and submit to the Congress a report on the results

of the assessment conducted under this section.

Chairman SENSENBRENNER. And the gentleman from Colorado is

recognized for 5 minutes.

Mr. UDALL. Thank you, Mr. Chair. I’d like to begin by indicating

my strong support for H.R. 1550. I intend to offer two amendments

en bloc in order to strengthen our counterterrorism training efforts.

As we experience more instances of domestic terrorism, it is vital

that our responders are trained to address possibilities of terrorist

attack. We are now facing a situation in which a policeman, paramedic, or firefighter can be called upon to deal with a terrorist scenario.

At Oklahoma City, the incident commander was the fire chief.

The law enforcement emergency professionals and others reported

to him. In the future, training received at the National Fire Acad-
34

emy might mean life or death, not just for our first responders, but

for uncountable numbers of people. It is essential that the Fire Administration have the resources necessary to help meet the antiterrorism training needs of the Fire Services.

My first amendment increases the authorization level for the

Fire Administration’s anti-terrorist training activities by $1 million

for the Fiscal Year 2000 and by an additional $2 million for the

Fiscal Year 2001. These increases will raise the total funding level

for this important activity to $6 million per year in the first year

and to $8 million, or twice the current level, by the second year.

I’ve looked back at the report that the Committee issued when

it authorized the Fire Administration in 1997. In the report, the

Committee fully approved of the expansion of the agency’s anti-terrorism training activities. It said that, quote, ‘‘The Committee supports the USFA’s role in counterterrorism training because training

for counterterrorism in many ways mirrors and/or supplements existing USFA-sponsored training programs for major fires, natural

disasters, and hazardous materials accidents.’’ The report goes on

to stress that support for these important training activities should

not come at the expense of existing USFA programs.

I just doubt that the $5 million per year now in the bill for the

development of curricular materials and for conducting training

classes will be sufficient to meet the needs of the 35,000 fire departments across the country. I would note that the Blue Ribbon

Panel convened last year by FEMA Director Witt recommends that

the Fire Administration budget for natural disaster and terrorism

response activities be $15 million. That’s why I’m proposing this increase.

My second amendment is related to the first. It would direct the

United States Fire Administration to assess the need for additional

capabilities for federal counterterrorism training of emergency response personnel. We need to know how adequate our current efforts are, what our current need is, and how best to satisfy that

need in the event that the demand for training exceeds our current

capacity for training.

My amendments seek to ensure that the past concerns that this

Committee’s addressed, and an important activity of the Fire Administration, is placed on a reasonable growth track, consistent

with the Blue Ribbon Panel’s recommendation. Terrorism is a problem that has reached epidemic proportions and I feel strongly that,

whenever possible, the Science Committee should do its part to protect Americans from this National threat. I urge support for these

amendments. I thank you for your help, Mr. Chairman, and I yield

back.

Chairman SENSENBRENNER. Will the gentleman yield?

Mr. UDALL. I yield back.

Chairman SENSENBRENNER. I believe that both of these amendments are very constructive additions to the bill and we are prepared to accept them. The time of the gentleman has expired.

Is there any further discussion on the amendments en bloc offered by the gentleman from Colorado?

Hearing none, all those in favor will signify by saying aye.

Opposed, no.
35

The ayes appear to have it. The ayes have it and the amendments are agreed to.

The next amendment on the roster is one proposed by the gentlewoman from Illinois, Ms. Biggert. For what purpose does she rise?

Mrs. BIGGERT. Mr. Chairman, I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment to H.R. 1550, offered by Mrs.

Biggert——

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read.

[The information follows:]

AMENDMENT TO H.R. 1550 OFFERED BY MRS. BIGGERT

Page 2, line 12, insert ‘‘, and $250,000 shall be used for contracts or grants to

non-Federal entities for data analysis, including general fire profiles and special fire

analyses and report projects’’ after ‘‘activities’’.

Page 2, line 14, insert ‘‘, and $250,000 shall be used for contracts or grants to

non-Federal entities for data analysis, including general fire profiles and special fire

analyses and report projects’’ after ‘‘activities’’.

Chairman SENSENBRENNER. The gentlewoman is recognized for 5

minutes.

Mrs. BIGGERT. Thank you, Mr. Chairman. The amendment that

I offer today to H.R. 1550 would promote greater efficiency and

flexibility within the United States Fire Administration while returning to the private sector the things done best there. This

amendment reserves $500,000 over 2 years to implement a key recommendation of the FEMA Blue Ribbon Panel that identified

outsourcing of the data analysis function.

The panel reported that, by outsourcing its data analysis activities, USFA can focus its scarce resources more intensely on improving and preserving the National Fire Incident Reporting System.

Outsourcing of the analysis function can be accomplished easily

through cooperative agreements, grants and contracts with any

number of entities in the private and not-for-profit sectors. USFA

would not have to hire additional economists or statisticians and

current USFA staff would be free to focus on what they do best—

the collection of the data.

Mr. Chairman, this amendment would implement the Blue Ribbon Panel’s recommendation and encourage the Fire Administration to outsource some data analysis activities now conducted inhouse. The Blue Ribbon Panel even recommended $250,000 per

year for this activity. The Fire Service community made it clear

through the panel that is supports this recommendation and I ask

my colleagues to support it as well.

Chairman SENSENBRENNER. The gentlewoman’s time has expired. Is there further discussion on the Biggert amendment?

Hearing none, all those in favor of the Biggert amendment will

signify by saying aye.

Opposed, no.

The ayes appear to have it. The ayes have it and the amendment

is agreed to.

The third amendment on the roster is one by the gentleman from

Pennsylvania, Mr. Weldon. For what purpose does he rise?
36

Mr. WELDON of Pennsylvania. Mr. Chairman, I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment to H.R. 1550, offered by Mr. Weldon of

Pennsylvania——

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read and the gentleman is recognized for 5 minutes.

[The information follows:]

AMENDMENT TO H.R. 1550 OFFERED BY MR. WELDON OF PENNSYLVANIA

Page 4, line 16, strike ‘‘and’’.

Page 4, after line 16, insert the following new paragraph:

(8) a plan for the timely distribution of information and educational materials

to State and local firefighting services, including volunteer, career, and combination services throughout the United States; and

Page 4, line 17, strike ‘‘(8)’’ and insert ‘‘(9)’’.

Mr. WELDON of Pennsylvania. Thank you, Mr. Chairman. Mr.

Chairman, first of all, let me congratulate the Subcommittee Chairman and Ranking Member for bringing this bill forward and for

your leadership and the full Committee Ranking Member’s leadership on issues involving the Fire Service.

This amendment is simple and straightforward. It simply asks

the United States Fire Administration to provide a more detailed

capability to disseminate information to the 32,000 fire and EMS

departments in this country, 85 percent of whom are volunteer.

This is an ongoing need. USFA is not meeting that in a timely way,

according to the major fire service groups, and this amendment

simply asks the Fire Administration to provide a system of distribution as part of their strategic plan. I think it’s very logical and

it’s something I think USFA in fact will welcome.

While I have the time, Mr. Chairman, I would also like to just

briefly comment on some of the amendments that are dealing with

training for the 1.2 million fire and EMS people in this country.

Unfortunately, while there are hundreds of millions of dollars of

training and resources that are supposedly aimed at the fire and

EMS community nationwide, we’ve had a very difficult time getting

those dollars down to the firefighter and the EMS personnel.

Part of that has been because—or part of that has been, in my

opinion, because the Fire Administration did not take an aggressive role when this country was debating what way to respond to

anti-terrorism initiatives. DOD did come in aggressively and so did

the Department of Justice. As a result, the irony here is that hundreds of millions of dollars are being spent on training local fire

and emergency response personnel and yet none of that is coming

out of the jurisdiction of this Committee or even the Fire Administration. It’s being carried out by the Department of Justice. It’s

being carried out by the Department of Defense. And it is a significant amount of money, far, far greater than the total budget of the

United States Fire Administration.

To some extent, I think that’s an indictment of the Fire Administration and the need for us to provide more support to have them

become more progressive. At out annual dinner last week, James

Lee Witt announced that he is, in fact, creating a new position

within FEMA to become an advocate on behalf of the Fire Service
37

of this country. It is long overdue. But I would just encourage my

colleagues to understand that many of their frustrations should not

be because of lack of resources, because they are there. They are

there in the hundreds of millions of dollars.

The problem is those resources are being directed by agencies

who do not directly report to the men and women they are servicing. They report to the Pentagon and they report to the FBI and

the Department of Justice. And that is extremely unfortunate, and

that’s something that we’re trying to rectify.

The other point I’d mention is that I’m working with the Subcommittee Chair to make sure that the Defense assets we’re putting into fire research are totally coordinated with the Fire Service

community. We spend a significant amount of money each year in

the Department of Defense on researching fire and life safety and

we’re trying to bring those two together, and the Chairman has

been tireless in his efforts in making sure that happens in this session of the Congress.

So, with that, I would ask for support of the amendment that I

outlined earlier.

Chairman SENSENBRENNER. The gentleman yields back the balance of this time. Is there further discussion on the Weldon of

Pennsylvania amendment?

Hearing none, all those in favor of agreeing to the amendment

will signify by saying aye.

Opposed, no.

The ayes appear to have it. The ayes have it and the amendment

is agreed to.

The next amendment on the list is one by the gentleman from

Connecticut, Mr. Larson. For what purpose does he seek recognition?

Mr. LARSON. Mr. Chairman, I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment to H.R. 1550, offered by Mr. Larson——

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read.

[The information follows:]

AMENDMENT TO H.R. 1550 OFFERED BY MR. LARSON

Page 4, line 16, strike ‘‘and’’.

Page 4, line 21, strike the period and insert ‘‘; and’’.

Page 4, after line 21, insert the following new paragraph:

(9)(A) a description of the current and planned use of the Internet for the delivery of training courses by the National Fire Academy, including a listing of

the types of courses and whether they provide real time interaction between instructor and students, and including the number of students enrolled, and the

geographic distribution of students, for the most recent fiscal year;

(B) an assessment of the availability and actual use by the National Fire

Academy of Federal facilities suitable for distance education applications, including facilities with teleconferencing capabilities; and

(C) an assessment of the benefits and problems associated with delivery of instructional courses using the Internet, including limitations due to network

bandwidth at training sites, the availability of suitable course materials, and

the effectiveness of such courses in terms of student performance.

Chairman SENSENBRENNER. And the gentleman from Connecticut

is recognized for 5 minutes.
38

Mr. LARSON. Thank you, Mr. Chairman. Mr. Chairman, let me

start by acknowledging the very hard work put in by Representative Smith and Representative Johnson. As you know, the Fire Administration Authorization Act, known as H.R. 1550, includes a requirement for a 5 year strategic plan, laying out the agency’s overall goals and program activities.

The purpose of my amendment is to add to the provision, to assess within the strategic plan the benefits of distance learning for

fire education for local fire departments. The amendment accomplishes this by calling for the full consideration of how the Internet

is now used, and could be used more effectively in the future, to

deliver the National Fire Academy training courses at remote sites.

Secondly, by requiring the Fire Administration to review its current training activities on the Internet and to assess the benefits

and problems associated with the Internet use for training and asking for an inquiry into the availability of federal facilities with advanced telecommunications capabilities that can be used as a remote setting for the Fire Academy courses. In particular, teleconferencing facilities that would permit interaction between students and the instructor.

Lastly, Mr. Chairman, I would call for the unanimous support of

the Committee and, again, compliment my colleagues for the hard

work that they’ve put in on the bill. And I would yield back my

time.

Chairman SENSENBRENNER. Will the gentleman yield, just briefly. This is another good amendment and we are prepared to accept

it. The gentleman’s time has expired.

Further discussion on the Larson amendment?

Hearing none, the question is on agreeing to the amendment. All

those in favor will signify by saying aye.

Opposed, no.

The ayes appear to have it. The ayes have it and the amendment

is agreed to.

The next amendment on the roster is one by the gentleman from

Oklahoma, Mr. Lucas. For what purpose does the gentleman seek

recognition?

Mr. LUCAS. Mr. Chairman, I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment to H.R. 1550, offered by Mr. Lucas——

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read.

[The information follows:]

AMENDMENT TO H.R. 1550 OFFERED BY MR. LUCAS

Page 7, after line 24, insert the following new section:

SEC. 8. NATIONAL FIRE ACADEMY CURRICULUM REVIEW.

(a) IN GENERAL.—The Administrator of the United States Fire Administration, in

consultation with the Board Visitors and representatives of trade and professional

associations, State and local firefighting services, and other appropriate entities,

shall conduct a review of the courses of instruction available at the National Fire

Academy to ensure that they are up-to-date and complement, not duplicate, courses

of instruction offered elsewhere. Not later than 180 days after the date of enactment

of this Act, the Administrator shall prepare and submit a report to the Committee

on Science of the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate.
39

(b) CONTENTS OF REPORT.—The report required by subsection (a) shall—

(1) examine and assess the courses of instruction offered by the National Fire

Academy;

(2) identify redundant and out-of-date courses of instruction;

(3) examine the current and future impact of information technology on National Fire Academy curricula, methods of instruction, and delivery of services;

and

(4) make recommendations for updating the curriculum, methods of instruction, and delivery of services by the National Fire Academy considering current

and future needs, State-based curricula, advances in information technologies,

and other relevant factors.

Chairman SENSENBRENNER. And the gentleman from Oklahoma

is recognized for 5 minutes.

Mr. LUCAS. Thank you, Mr. Chairman. The amendment I am offering today would require the Fire Administration to conduct a review of the courses of instruction it offers through the National

Fire Academy. The purpose of this amendment is to ensure that

the courses offered complement, and do not duplicate, courses offered elsewhere, such as at the State level, and to get the Fire

Academy to think about ways in which it can more effectively deliver its courses and services.

The Blue Ribbon Panel made a compelling case for such an assessment in its report. The committee also heard the testimony

from the Chairman of that Panel on the need to make sure that

the courses delivered to the leadership of the Nation’s fire services

are courses that cannot be offered elsewhere. He also stressed the

importance of distance learning and getting more instructors out

into the states.

Mr. Chairman, this amendment fulfills a real need recognized by

the fire services community. The importance of the courses offered

by the National Fire Academy should be comparable to those offered at other Federal institutions. This amendment will help ensure that the people who put their lives at risk every day protecting our fellow citizens receive the best training anywhere in the

country, and I ask my colleagues to support this amendment. And

I yield back.

Chairman SENSENBRENNER. Further discussion on the Lucas

amendment?

Hearing none, all those in favor of agreeing to the amendment,

will signify by saying aye.

Opposed, no.

The ayes appear to have it. The ayes have it and the amendment

is agreed to.

Amendment number six by Mr. Udall has already been taken

care of. The next amendment is by the gentleman from California,

Mr. Kuykendall. For what purpose does he seek recognition?

Mr. KUYDENDALL. I have an amendment at the desk.

Chairman SENSENBRENNER. The clerk will report the amendment.

The CLERK. Amendment to H.R. 1550, offered by Mr.

Kuykendall——

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read and the gentleman from California is recognized

for 5 minutes.
40

[The information follows:]

AMENDMENT TO H.R. 1550 OFFERED BY MR. KUYKENDALL

Page 7, after line 24, insert the following new section:

SEC. 8. INTERNET AVAILABILITY OF INFORMATION.

The Administrator of the United States Fire Administration shall make available

through the Internet home page of the United States Fire Administration the abstracts relating to all research grants and awards made with funds authorized by

the amendments made by this Act. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from

being released to the public.

Mr. KUYKENDALL. Again, Mr. Chairman, this is very similar to

the previous amendment that I offered. It puts the grant or the research grant information up on the Internet. I think it’s interesting

that we’ve had several of those already come before us, or another

amendment at least, before us. The Internet is obviously a new,

very vital communication link, and we need to make this kind of

information available to the constituencies across the country that

rely on these dollars for doing research. And I would urge your passage of it to ensure that the research grant information is on the

Internet.

Chairman SENSENBRENNER. The gentleman yields back the balance of his time. Further discussion on the Kuykendall amendment?

Hearing none, all those in favor of agreeing to the amendment

will signify by saying aye.

Opposed, no.

The ayes appear to have it. The ayes have it and the amendment

is agreed to.

The next amendment on the roster is by the gentleman from

New York, Mr. Weiner. For what purpose does he seek recognition?

Mr. WEINER. Mr. Chairman, I have an amendment at the desk.

Chairman SENSENBRENNER. Clerk will report the amendment.

The CLERK. Amendment to H.R. 1550, offered by Mr. Weiner——

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read and the gentleman from New York is recognized

for 5 minutes.

[The information follows:]

AMENDMENT TO H.R. 1550 OFFERED BY MR. WEINER

Page 7, after line 24, insert the following new section:

SEC. 8. REPEAL OF EXCEPTION TO FIRE SAFETY REQUIREMENT.

(a) REPEAL.—Section 4 of Public Law 103–195 (107 Stat. 2298) is hereby repealed.

(b) EFFECTIVE DATE.—Subsection (a) shall take effect 1 year after the date of the

enactment of this section.

Mr. WEINER.Thank you, Mr. Chairman. I want to thank and

commend the Chairman of the Full Committee and the Ranking

Member for their work on this bill and also the Chair of the Subcommittee, Mr. Smith, and Ms. Johnson, the Ranking Member.

This amendment that I’m offering closes a loophole that was created in 1993 to allow New York City Federally-funded housing to

not have the National fire standards, instead, to allow equivalent

standards to be used. This amendment that I’m offering was in a

bill that was offered by Congressman Maloney and others of us in

the New York delegation.
41

In fact, since 1993, since this exception was created, there have

been no exemptions granted by HUD because the fire standards

that were proposed to be used in New York City housing were not

up to the standards of the Federal law. What we have seen in recent years, unfortunately, is too many instances, including one dramatic instance in January, where sprinklers were not used and the

fire standards that were applied were simply not up to the standards.

What my amendment would do would be essentially to remove

that exception from New York City housing. It would have the one

beneficial effect of providing the same Federal standards to New

York City housing. And a second effect would be to make it easier

for builders and developers in New York City to understand the

rules of the road a little bit more clearly. It would allow the Federal standards to be applied uniformly.

I have been in contact with members of the New York City delegation who are near, I think, complete support of this amendment.

In addition, I have also reached out to folks who do building in the

New York City area who recognize that this would make their lives

a lot easier by providing the standardization of the rules.

Chairman SENSENBRENNER. Will the gentleman yield?

Mr. WEINER. Thank you, Mr. Chairman, I yield back.

Chairman SENSENBRENNER. We are happy to note New York City

wants to join the rest of the country in this respect.

The gentleman’s time has expired.

Any further discussion of the Weiner amendment. Hearing none,

all those in favor signify by saying aye.

Opposed, no.

The ayes appear to have it. The ayes have it, and the amendment is agreed to.

It is my understanding that amendment number nine by the gentlewoman from Texas, Ms. Johnson, is not going to be offered, but

does the gentlewoman wish to strike the last word at this time.

Ms. EDDIE BERNICE JOHNSON of Texas. Yes, Mr. Chairman.

Chairman SENSENBRENNER. The gentlewoman is recognized for

five minutes.

Ms. EDDIE BERNICE JOHNSON of Texas. Thank you.

I offered this amendment—my initial effort was to offer a more

complete amendment, which was actually the Pascrell-Weldon bill.

Chairman SENSENBRENNER. Well, if the gentlewoman—is the

gentlewoman offering the amendment or not?

Ms. EDDIE BERNICE JOHNSON of Texas. I want to speak on the

amendment. I said my initial effort.

Chairman SENSENBRENNER. Okay.

Ms. EDDIE BERNICE JOHNSON of Texas. But I still——

Chairman SENSENBRENNER. Well then let’s have the clerk report

the amendment and then you can withdraw it.

Ms. EDDIE BERNICE JOHNSON of Texas. I’ll put the amendment

before us and I will withdraw it after I——

Chairman SENSENBRENNER. Okay. The clerk will report the

amendment.

The CLERK. Amendment to H.R. 1550, offered by Ms. Eddie Bernice Johnson of Texas——
42

Chairman SENSENBRENNER. Without objection, the amendment is

considered as read, and the gentlewoman from Texas is recognized

for five minutes now.

[The information follows:]

AMENDMENT TO H.R. 1550 OFFERED BY MS. EDDIE BERNICE JOHNSON OF TEXAS

Page 7, after line 24, insert the following new section:

SEC. 8. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT.

The Federal Fire Prevention and Control Act of 1974 is amended by adding at

the end the following new section:

‘‘SEC. 35. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT.

‘‘(a) GRANT PROGRAM.— ‘‘(1) AUTHORITY.—In accordance with this section, the Administrator may

make grants on a competitive basis to fire departments for the purpose of protecting the health and safety of the public and firefighting personnel against

fire and fire-related hazards.

‘‘(2) ESTABLISHMENT OF OFFICE FOR ADMINISTRATION OF GRANTS.—Before making grants under paragraph (1), the Administrator shall establish an office in

the United States Fire Administration to establish specific criteria for the selection of grant recipients and to administer the grants.

‘‘(3) USE OF GRANT FUNDS.—The Administrator may make a grant under paragraph (1) only if the applicant for the grant agrees to use grant funds for any

of the following:

‘‘(A) To hire additional firefighting personnel.

‘‘(B) To train firefighting personnel in firefighting, emergency response,

arson prevention and detection, or the handling of hazardous materials, or

to train such personnel to provide any of the training described in this subparagraph.

‘‘(C) To fund the creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies.

‘‘(D) To certify fire inspectors.

‘‘(E) To establish wellness and fitness programs for firefighting personnel

to ensure that such personnel can carry out their duties.

‘‘(F) To fund emergency medical services provided by fire departments.

‘‘(G) To acquire additional firefighting vehicles, including fire trucks.

‘‘(H) To acquire additional firefighting equipment, including equipment

for communications and monitoring.

‘‘(I) To acquire personal protective equipment required for firefighting

personnel by the Occupational Safety and Health Administration, and other

personal protective equipment for firefighting personnel.

‘‘(J) To modify fire stations, fire training facilities, and other facilities to

protect the health and safety of firefighting personnel.

‘‘(K) To enforce fire codes.

‘‘(L) To fund fire prevention programs.

‘‘(M) To educate the public about arson prevention and detection.

‘‘(4) MATCHING REQUIREMENT.—The Administrator may make a grant under

paragraph (1) only if the applicant for the grant agrees to match with non-Federal funds 10 percent of the funds received under paragraph (1) in any fiscal

year.

‘‘(5) MAINTENANCE OF EXPENDITURES.—The Administrator may make a grant

under paragraph (1) only if the applicant for the grant agrees to maintain for

the fiscal year in which the grant will be received its aggregate expenditures

for uses described in paragraph (3) at or above the average level of such expenditures in the 2 fiscal years preceding the fiscal year in which the grant will be

received.

‘‘(6) REPORT TO THE ADMINISTRATOR.—The Administrator may make a grant

under paragraph (1) only if the applicant for the grant agrees to submit to the

Administrator a report, including a description of how grant funds were used,

with respect to each fiscal year for which a grant was received.

‘‘(7) VARIETY OF GRANT RECIPIENTS.—The Administrator shall ensure that

grants under paragraph (1) for a fiscal year are made to a variety of fire departments, including, to the extent that there are eligible applicants—

‘‘(A) paid, volunteer, and combination fire departments;

‘‘(B) fire departments located in communities of varying size; and

‘‘(C) fire departments located in urban, suburban, and rural communities.
43

‘‘(8) LIMITATION ON FIREFIGHTING VEHICLES.—The Administrator shall ensure

that not more than 25 percent of the assistance made available under paragraph (1) in a fiscal year is used for purposes authorized under paragraph

(3)(G).

‘‘(9) LIMITATION ON ADMINISTRATIVE COSTS.—Of amounts made available

under subsection (b) for a fiscal year, the Administrator may use not more than

10 percent for the administrative costs of carrying out this section.

‘‘(10) APPLICATION.—The Administrator may make a grant under paragraph

(1) only if the fire department seeking the grant submits to the Administrator

an application in such form and containing such information as the Administrator may require.

‘‘(11) FIREFIGHTING PERSONNEL DEFINED.—In this section the term ‘firefighting personnel’ means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the purposes of carrying out this

section, there are authorized to be appropriated to the Administrator $75,000,000

for fiscal year 2000 and $150,000,000 for fiscal year 2001.’’.

Ms. EDDIE BERNICE JOHNSON of Texas. Thank you, Mr. Chairman. The amendment that I ultimately had drawn was the grant

amendment. And one of the reasons why I was wanting to move

forth more vigorously is because as we are considering this bill,

there are a number of incidences where life will continue to be lost

by firemen from the lack of equipment and other support measures.

And for that reason, I wanted to address the situation. I acknowledge that it is not nearly as complete as the bill. It does not

call for anywhere near the amount of money. But I realize, too,

that the authors preferred to wait until we can consider the entire

bill, have a hearing, and consider the entire bill.

So for that reason, Mr. Chairman, after discussion with a number of members, I will withdraw the amendment.

Chairman SENSENBRENNER. The amendment is withdrawn. That

completes the——

Mr. SMITH. Mr. Chairman? Mr. Chairman?

Chairman SENSENBRENNER. What?

Mr. SMITH. On this issue, I would move to strike the last word.

Chairman SENSENBRENNER. The gentleman is recognized for five

minutes.

Mr. SMITH. I would compliment the efforts of Congressman

Pascrell as well as Congresswoman Johnson. And let me say that

as a member of the Budget Committee, I will vigorously work to

increase the budget limitations for the function areas that would

allow an expansion of our efforts in firefighting.

Currently, I am working with Senator Roth and Congressman

Curt Weldon and Congressman Pascrell, as well as our ranking

member of the Subcommittee, Eddie Bernice Johnson, to move

ahead with a bipartisan package that is going to enhance what we

are doing for firefighters in this country that have been for a long

time overlooked.

And I would yield to a leader in this effort, Mr. Curt Weldon for

a comment.

Mr. WELDON of Pennsylvania. I thank my friend and colleague

for yielding, and I, too, want to applaud the gentlelady both for her

concern and interest and for her leadership. I think it is a wise decision to not offer this at this time until we can, one, sort out what

the correct response is and, two, talk to the full Committee Chairman about what his feelings are on these issues down the road.
44

The concern in the country is that we in the Congress have put

significant amounts of money into, say, law enforcement. And I am

a strong supporter of the police, having been a local mayor. In fact,

we put almost $5 billion a year into law enforcement nationwide.

We even buy half of the costs of vests for every policy officer in the

country with Federal money.

Last year, without any money in the budget, we came up with

a billion dollars for teachers—a billion dollars. The amount of

money we spend on the fire service is minuscule. And I am not saying we should attempt to create a new Federal handout, but if we

are going to recognize teachers and police, there is no other group

in the country where the bulk of the leaders volunteer their time

who have 100 of those people killed each year in volunteering on

behalf of their country.

It is outrageous that this government spends so much more—on

law enforcement and on adding teachers—that wasn’t in the budget—and I a teacher, by the way, by profession—and yet we totally

ignore the 1.2 million men and women who risk their lives everyday in all of our districts, and who do so with basically having to

have chicken dinners and tag days to buy $500,000 pieces of equipment.

That is outrageous. And I think it is time that we have a national debate, as we are so free and willing to give money to other

groups who have expensive lobbying interests in town, that we

looked at those people who truly are in need, who, in fact, lose 100

of them each year.

So I applaud the Subcommittee Chairman. He is a real hero to

the fire service for what he is doing. I look forward to working with

him.

Chairman SENSENBRENNER. Will the gentleman from Michigan

yield?

Mr. WELDON of Pennsylvania. I yield to the Chairman.

Chairman SENSENBRENNER. I concur in the points that the gentleman from Pennsylvania, who as a former fire chief, has made.

I don’t think that this bill is the proper vehicle to commence a National debate on this subject, however. And I appreciate the gentlewoman, Ms. Johnson, not offering this amendment.

Let me say that the U.S. Fire Administration has had some significant problems, and it has required a Blue Ribbon Report to figure out how to sort those problems out and to improve the administration of the agency. And this bill will provide the legislative vehicle for the FEMA director and the administrator of the U.S. Fire

Administration to be able to do so, together with a pretty significant increase in authorization.

So I think we ought to do one thing at a time. You never walk

a mile without taking the first step. This bill is an important first

step, but the concerns expressed by the three previous speakers I

think ought to be the second step before we get to the third.

Does the gentleman from Michigan yield back the balance of his

time?

Mr. SMITH. I yield back the balance of my time.

Chairman SENSENBRENNER. Okay. That concludes the number of

amendments on the roster. Are there any further amendments?
45

Hearing none, report language. And the gentlewoman from Texas

has two proposals for report language. The Chair recognizes the

gentlewoman from Texas for the first bit of report language, which

relates to firefighter protective equipment.

Does the gentlewoman offer that?

Ms. EDDIE BERNICE JOHNSON of Texas. Yes.

Chairman SENSENBRENNER. The clerk will report the report language.

The CLERK. Report language offered by Representative——

Chairman SENSENBRENNER. Without objection, the report language is considered as read, and the Chair will note that this report language and the second proposal of the gentlewoman from

Texas are in the packet on the members’ desks. And the gentlewoman is recognized for five minutes.

[The information follows:]

REPORT LANGUAGE OFFERED BY REPRESENTATIVE EDDIE BERNICE JOHNSON

In 1984, 10.6% of firefighter injuries, over 6600 incidents, were due to burns. In

1993, despite 10 years of advances in protective clothing, 11.3% of firefighter injuries, nearly 6000 incidents, were due to burns. A 1996 workshop organized by the

National Institute of Standards and Technology (NIST) explored the factors that

lead to burn injuries and identified research objectives related to the development

of effective protective clothing and equipment, to fire fighting tactics, and to the

training of fire service personnel.

Section 4 of the bill directs the Administrator to prepare a research agenda and

associated implementation plan. The findings of the 1996 NIST workshop and related materials should be reviewed as part of the process of developing the research

agenda. The Committee understands that current understanding is incomplete regarding the relationships among thermal environments, human response to thermal

exposures, and fire fighting tactics that result in burn injuries.

The Committee expects the research agenda to address, and place an appropriate

level of priority on, research needed (1) to support the development of more effective

firefighter protective equipment, including sensor technologies that have promise for

informing firefighters of impending untenable conditions; (2) to identify best practices in fire fighting tactics, and (3) to support the development of appropriate training materials to improve the safety of firefighters, including imparting knowledge

of the limits of protective clothing and equipment.

Ms. EDDIE BERNICE JOHNSON of Texas. Thank you, Mr. Chairman.

The first relates to the provision in section 4 of the bill that requires the Fire Administration to prepare a research agenda and

associated implementation plan. The report language asks the

agency to take into consideration the results of a recent workshop

at NIST that defines several research needs regarding development

of effective protective clothing and equipment for firefighters as

well as research required to formulate firefighting tactics to reduce

burn injuries.

And I move the adoption.

Chairman SENSENBRENNER. The gentlewoman yields back the

balance of her time.

Further discussion on the report language proposal. Hearing

none, all those in favor of agreeing the report language will signify

by saying aye.

Opposed, no.

The ayes appear to have it. The ayes have it. And the report language is agreed to.

Ms. EDDIE BERNICE JOHNSON of Texas. Thank you.
46

Chairman SENSENBRENNER. The gentlewoman from Texas has

another proposal for report language on reducing fire injury for

vulnerable populations. For what purpose does the gentlewoman

from Texas seek recognition?

Ms. EDDIE BERNICE JOHNSON of Texas. Strike the last word, Mr.

Chairman.

Chairman SENSENBRENNER. Do you have the report language at

the desk?

Ms. EDDIE BERNICE JOHNSON of Texas. Yes.

Chairman SENSENBRENNER. The clerk will report the report language.

The CLERK. Report language offered by Representative Eddie

Bernice Johnson——

Chairman SENSENBRENNER. Without objection, the report language is considered as read and the gentlewoman is recognized for

five minutes.

[The information follows:]

REPORT LANGUAGE OFFERED BY REPRESENTATIVE EDDIE BERNICE JOHNSON

Data collected by the Fire Administration and other sources show that certain

groups are at greater risk from fire injury or death than the general population.

Children under five years of age perish in fires at twice the national fire death rate.

For Black children, home fires are the leading cause of injury-related deaths for

those between the ages of one and nine. Likewise, for the elderly over seventy years

of age, the death rate from fire is one and one half times the national average, rising to four times the national average by age eighty five. The Hispanic community

is at-risk due to fire-related injuries and deaths.

Data on socioeconomic factors affecting fire-related injury are less exact, but available information indicates that the poor suffer a disproportionate share of deaths

versus the rest of the population. For example, smoking, which is inversely related

to income level, accounts for 26% of all fire deaths; and neighborhoods with high

proportions of low income households have higher fire incidence rates than middle

or high income neighborhoods.

The mission of the Fire Administration includes public education about fire risk

and research related to fire protection. The Committee expects the Fire Administration, in carrying out the requirement of sections 3 and 4 of the bill, to direct its

efforts and resources appropriately to address ways to combat the vulnerability of

the population groups that suffer disproportionately from fire injury.

The Committee expects the Fire Administration to provide in its strategic plan for

the development of public education programs designed for these at-risk audiences.

In order to develop effective materials and approaches, the Fire Administration

should consider any actions needed to improve the current understanding of the factors that lead to fire risk, including the adequacy of current data collection activities. In establishing research priorities in accordance with section 4 of the bill, the

Committee expects the Fire Administration to consider whether its research program should include studies of the socioeconomic characteristics associated with increased fire risk. The Committee believes that effective, targeted fire prevention

campaigns can be developed only from a sound knowledge base.

The Committee is concerned about recent media reports that have detailed fire

deaths in Texas and other states from the use of security bars known as ‘‘burglary

bars’’ on doors and windows in high crime areas. These devices offer occupants protection from criminals. However, in times of fire the bars have entrapped individuals inside their residences and have prevented their evacuation and rescue. The

Committee requests that the Fire Administration study ways to prevent fire injury

and death from the use and the installation of security bars and to report its findings to the Committee within 90 days following the enactment of the bill.

Ms. EDDIE BERNICE JOHNSON of Texas. Thank you, Mr. Chairman. The second area covered by the report language encourages

the Fire Administration to direct its efforts to address ways to combat the vulnerability of the population groups that suffer dispropor-
47

tionately from fire injury. The agency would be expected to reflect

this guidance in its public education programs on fire risk.

The agency is also asked to assess whether research or particular

data collection activities would improve understanding of the factors that lead to increased fire risk.

Finally, a report is requested on how, through alternative installation procedures or other means, fire injuries may be reduced for

buildings with anti-burglary bars because in Texas, Mr. Chairman,

many of the deaths that occur from fire are thought to be from people having burglary bars on their windows.

I move the adoption of the language.

Chairman SENSENBRENNER. The gentlewoman yields back the

balance of her time. Is there further discussion on this proposal for

report language?

Hearing none, all those in favor of agreeing to the report language as proposed by the gentlewoman from Texas will signify by

saying aye.

Opposed, no.

Mr. SMITH. Mr. Chairman?

Chairman SENSENBRENNER. The Chair is putting the question.

All those opposed will say no.

The ayes appear to have it. The ayes have it. And the report language is agreed to.

Further proposals for report language? For what purpose does

the gentleman from Michigan arise?

Mr. SMITH. Mr. Chairman, with your permission and on behalf

of the ranking member, Eddie Bernice Johnson, and Curt Weldon,

I would like to move that the Chairman instruct staff to draft report language on the review and implementation of the Blue Ribbon committee report.

Chairman SENSENBRENNER. Without objection, it is so ordered.

Further suggestions on report language?

Hearing no further suggestions, it is now time to report the bill

favorably, and for that purpose the Chair recognizes the gentlewoman from Texas.

Ms. EDDIE BERNICE JOHNSON of Texas. Thank you, Mr. Chairman. I move that the Committee favorably report H.R. 1550 as

amended to the House with the recommendation that the bill as

amended do pass. Further, I move that the staff be instructed to

prepare a legislative report and make necessary technical and conforming amendments, and that the Chairman take all necessary

steps to bring the bill before the House for consideration.

Thank you.

Chairman SENSENBRENNER. The question is on reporting the bill

favorably. Is there any discussion on the motion?

Hearing none, the Chair notes the presence of a reporting

quorum. All those in favor will signify by saying aye.

Opposed, no.

The ayes appear to have it. The ayes have it. And the motion is

agreed to, and the bill is favorably reported. Without objection, the

bill will be reported in the form of a single amendment in the nature of a substitute reflecting the amendments adopted today.

Without objection, pursuant to Clause 1 of Rule 22 of the Rules

of the House, the Committee authorizes the Chairman to offer such
48

motions as may be necessary in the House to go to conference on

the bill. Members will have two days to submit additional supplementary or additional views on the measure.

Without objection, all of those things are so ordered.

Æ