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103D CONGRESS

1ST SESSION H. R. 3464

To provide comprehensive measures against arson.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 8, 1993

Mr. DREIER introduced the following bill; which was referred jointly to the

Committees on the Judiciary and Agriculture

A BILL

To provide comprehensive measures against arson.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Comprehensive Arson

5 Deterrence and Fire Containment Act of 1993’’.

6 SEC. 2. MODULAR AIRBORNE FIRE FIGHTING SYSTEM.

7 There are authorized to be appropriated $15,000,000

8 for the modernization or replacement of the Modular Air9 borne Fire Fighting System used by the United States

10 Forest Service.
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1 SEC. 3. IMPROVEMENT OF FIRE FIGHTING RESPONSE TIME.

2 The Forest Service in the Department of Agriculture,

3 in consultation with local fire chiefs, and other fire and

4 arson experts, shall prepare of study of additional means

5 of improving airborne fire fighting response time, includ6 ing whether there are any legal impediments that (such

7 as private contracting requirements) which materially

8 delay fire fighting response reaction time. The Forest

9 Service shall report the results of such study to Congress

10 not later than one year after the date of the enactment

11 of this Act.

12 SEC. 4. INCREASED CRIMINAL PENALTIES FOR ARSONISTS.

13 (a) MALICIOUS USE OF FIRE OR EXPLOSIVE.—

14 (1) FEDERAL PROPERTY.—Subsection (f) of

15 section 844 of title 18, United States Code, is

16 amended—

17 (A) by inserting ‘‘(1)’’ after ‘‘(f)’’; and

18 (B) by striking ‘‘shall be imprisoned for

19 not more than ten years’’ and all that follows

20 through the end of the subsection and inserting

21 the following:

22 ‘‘shall, except as provided in paragraph (2) of this sub23 section, be fined under this title or imprisoned not more

24 than 10 years, or both.
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1 ‘‘(2) If a circumstance exists that is listed below, the

2 punishment for an offense under this subsection shall be

3 as follows:

4 ‘‘(A) If the damage caused by the offense ex5 ceeds $1,000,000, the offender shall be subject to a

6 fine under this title and imprisoned for not less than

7 5 nor more than 20 years.

8 ‘‘(B) If the life of any person (other than the

9 offender) is placed in jeopardy as a result of the of10 fense, or the damage caused by the offense exceeds

11 $10,000,000, the offender shall be subject to a fine

12 under this title and imprisoned for not less than 8

13 nor more than 30 years.

14 ‘‘(C) If personal injury results to any person

15 (other than the offender) or the damage caused by

16 the offense exceeds $25,000,000, the offender shall

17 be subject to a fine under this title and imprisoned

18 for not less than 10 nor more than 40 years.

19 ‘‘(D) If the death of any person results the of20 fender shall—

21 ‘‘(i) be subject to a fine under this title

22 and imprisoned for any term of years greater

23 than 25 (or imprisonment for life); and

24 ‘‘(ii) also be subject to the death penalty as

25 provided in section 34 of this title.’’.
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1 (2) INTERSTATE COMMERCE.—Subsection (i) of

2 section 844 of title 18, United States Code, is

3 amended—

4 (A) by inserting ‘‘(1)’’ after ‘‘(i)’’; and

5 (B) by striking ‘‘shall be imprisoned for

6 not more than ten years’’ and all that follows

7 through the end of the subsection and inserting

8 the following:

9 ‘‘shall, except as provided in paragraph (2) of this sub10 section, be fined under this title or imprisoned not more

11 than 10 years, or both.

12 ‘‘(2) If a circumstance exists that is listed below, the

13 punishment for an offense under this subsection shall be

14 as follows:

15 ‘‘(A) If the damage caused by the offense ex16 ceeds $1,000,000, the offender shall be subject to a

17 fine under this title and imprisoned for not less than

18 5 nor more than 20 years.

19 ‘‘(B) If the life of any person (other than the

20 offender) is placed in jeopardy as a result of the of21 fense, or the damage caused by the offense exceeds

22 $10,000,000, the offender shall be subject to a fine

23 under this title and imprisoned for not less than 8

24 nor more than 30 years.
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1 ‘‘(C) If personal injury results to any person

2 (other than the offender) or the damage caused by

3 the offense exceeds $25,000,000, the offender shall

4 be subject to a fine under this title and imprisoned

5 for not less than 10 nor more than 40 years.

6 ‘‘(D) If the death of any person results the of7 fender shall—

8 ‘‘(i) be subject to a fine under this title

9 and imprisoned for any term of years greater

10 than 25 (or imprisonment for life); and

11 ‘‘(ii) also be subject to the death penalty as

12 provided in section 34 of this title.’’.

13 (b) RECKLESS OR NEGLIGENT USE OF FIRE OR EX14 PLOSIVE.—Section 844 of title 18, United States Code,

15 is amended by adding at the end the following:

16 ‘‘(k)(1) Whoever recklessly engages in conduct that

17 would be prohibited by subsection (f) or (i) of this section

18 if such conduct were engaged in maliciously, and as a re19 sult a dwelling (other than that of the offender) is de20 stroyed or a person (other than the offender) is injured,

21 shall be fined under this title or imprisoned not more than

22 one year, or both. If the court does not sentence a person

23 convicted under this section to imprisonment, the court

24 shall as a minimum sentence such person to probation

25 with a condition that such person perform not less than
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1 400 nor more than 2000 hours of community service. In

2 any juvenile proceeding, a juvenile who has been adju3 dicated a juvenile delinquent for conduct which if commit4 ted by an adult would be a violation of this subsection

5 shall be required to spend at least one week in an residen6 tial institution for the confinement of juvenile delinquents

7 and to perform not less than 400 nor more than 2000

8 hours of community service.

9 ‘‘(2) Whoever negligently engages in conduct that

10 would be prohibited by subsection (f) or (i) of this section

11 if such conduct were engaged in maliciously shall be fined

12 under this title or imprisoned not more than one month,

13 or both. If the court does not sentence a person convicted

14 under this section to imprisonment, the court shall as a

15 minimum sentence such person to probation with a condi16 tion that such person perform not less than 100 nor more

17 than 1000 hours of community service. In any juvenile

18 proceeding, a juvenile who has been adjudicated a juvenile

19 delinquent for conduct which if committed by an adult

20 would be a violation of this subsection shall be required

21 to spend at least two days in an residential institution for

22 the confinement of juvenile delinquents and to perform not

23 less than 100 nor more than 1000 hours of community

24 service.’’.
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1 SEC. 5. ELIMINATION OF FIRE HAZARDS.

2 The Forest Service in the Department of Agriculture,

3 in consultation with local fire chiefs, and other fire and

4 arson experts, shall prepare a study of whether there are

5 any Federal legal impediments that prevent homeowners,

6 local governments, and other interested parties from clear7 ing highly flammable fire hazards, including brush weeds

8 that may provide fuel for dangerous fires. The Forest

9 Service shall report the results of such study to Congress

10 not later than one year after the date of the enactment

11 of this Act.

12 SEC. 6. DEFENSE CONVERSION FOR STRENGTHENING PRI13 VATE FIRE FIGHTING CAPABILITIES.

14 Not later than one year after the date of the enact15 ment of this Act, the Secretary of Defense, in consultation

16 with the Federal Aviation Administration, shall report to

17 Congress on—

18 (1) how more use could be made of excess mili19 tary cargo, other planes available to the Forest Serv20 ice, and private fire fighting contractors; and

21 (2) how to reform Federal aviation regulations

22 to allow full effective use of such planes for fire

23 fighting purposes.
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1 SEC. 7. INSURING FIRE FIGHTING WATER SUPPLY AND

2 BACKUP POWER.

3 The Forest Service in the Department of Agriculture,

4 in consultation with local fire chiefs, and other fire and

5 arson experts, shall prepare a study of the potential fea6 sibility of building additional roads and backup power sup7 plies for assuring water pressure and water availability in

8 national forest areas to increase fire fighting effectiveness.

9 The Forest Service shall report the results of such study

10 to Congress not later than one year after the date of the

11 enactment of this Act.

12 SEC. 8. REVENUE OFFSET.

13 Notwithstanding any other provision of law, the Sec14 retary of Agriculture shall reduce by 5 percent the below15 cost direct loans of the Farmers Home Administration for

16 each of fiscal years 1994 through 1998.

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