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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7077 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                      December 6, 2022.
    Resolved, That the bill from the House of Representatives (H.R. 
7077) entitled ``An Act to require the United States Fire 
Administration to conduct on-site investigations of major fires, and 
for other purposes.'', do pass with the following

                               AMENDMENT:

             Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FIRE SAFETY INVESTIGATIONS.

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

``SEC. 38. INVESTIGATION AUTHORITIES.

    ``(a) In General.--In the case of a major fire, the Administrator 
may send incident investigators, which may include safety specialists, 
fire protection engineers, codes and standards experts, researchers, 
and fire training specialists, to the site of the fire to conduct a 
fire safety investigation as described in subsection (b).
    ``(b) Investigation Required.--A fire safety investigation 
conducted under this section--
            ``(1) shall be conducted in coordination and cooperation 
        with appropriate Federal, State, local, Tribal, and territorial 
        authorities, including Federal agencies that are authorized to 
        investigate any fire; and
            ``(2) shall examine the previously determined cause and 
        origin of the fire and assess broader systematic matters to 
        include use of codes and standards, demographics, structural 
        characteristics, smoke and fire dynamics (movement) during the 
        event, and costs of associated injuries and deaths.
    ``(c) Report.--
            ``(1) In general.--Subject to paragraph (2), upon 
        concluding any fire safety investigation under this section, 
        the Administrator shall--
                    ``(A) issue a public report to the appropriate 
                Federal, State, local, Tribal, and territorial 
                authorities on the findings of such investigation; or
                    ``(B) collaborate with another investigating 
                Federal, State, local, Tribal, or territorial agency on 
                the report of that agency.
            ``(2) Exception.--If the Administrator, in consultation 
        with appropriate Federal, State, local, Tribal, and territorial 
        authorities determines that issuing a report under paragraph 
        (1) would have a negative impact on a potential or ongoing 
        criminal investigation, the Administrator is not required to 
        issue such report.
            ``(3) Contents.--Each public report issued under paragraph 
        (1) shall include recommendations on--
                    ``(A) any other buildings with similar 
                characteristics that may bear similar fire risks;
                    ``(B) improving tactical response to similar fires;
                    ``(C) improving civilian safety practices;
                    ``(D) assessing the costs and benefits to the 
                community of adding fire safety features; and
                    ``(E) how to mitigate the causes of the fire.
    ``(d) Discretionary Authority.--In addition to a fire safety 
investigation conducted pursuant to subsection (a), provided doing so 
would not have a negative impact on a potential or ongoing criminal 
investigation, the Administrator may send fire investigators to conduct 
a fire safety investigation at the site of any fire with unusual or 
remarkable context that results in losses less severe than those 
occurring as a result of a major fire, in coordination and cooperation 
with the appropriate Federal, State, local, Tribal, and territorial 
authorities, including Federal agencies that are authorized to 
investigate the fire.
    ``(e) Construction.--Nothing in this section shall be construed 
to--
            ``(1) affect or otherwise diminish the authorities or the 
        mandates vested in other Federal agencies;
            ``(2) grant the Administrator authority to investigate a 
        major fire for the purpose of an enforcement action or criminal 
        prosecution; or
            ``(3) require the Administrator to send investigators or 
        issue a report for a major fire when the Administrator, in 
        coordination and cooperation with the appropriate Federal, 
        State, local, Tribal, and territorial authorities, determine 
        that it may compromise a potential or ongoing criminal 
        investigation.
    ``(f) Major Fire Defined.--For purposes of this section, the term 
`major fire' shall have the meaning given such term under regulations 
to be issued by the Administrator.''.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                               H.R. 7077

_______________________________________________________________________

                               AMENDMENT
```