I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Comprehensive Arson
Deterrence and Fire Containment Act of 1993’’.
SEC. 2. MODULAR AIRBORNE FIRE FIGHTING SYSTEM.
There are authorized to be appropriated $15,000,000
for the modernization or replacement of the Modular Air-
borne Fire Fighting System used by the United States
Forest Service.
SEC. 3. IMPROVEMENT OF FIRE FIGHTING RESPONSE TIME.
The Forest Service in the Department of Agriculture,
in consultation with local fire chiefs, and other fire and
arson experts, shall prepare of study of additional means
of improving airborne fire fighting response time, includ-
ing whether there are any legal impediments that (such
as private contracting requirements) which materially
delay fire fighting response reaction time. The Forest
Service shall report the results of such study to Congress
not later than one year after the date of the enactment
of this Act.
SEC. 4. INCREASED CRIMINAL PENALTIES FOR ARSONISTS.
(a) MALICIOUS USE OF FIRE OR EXPLOSIVE.—
(1) FEDERAL
PROPERTY.—Subsection (f) of
section 844 of title 18, United States Code, is
amended—
(A) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
(B) by striking ‘‘shall be imprisoned for
not more than ten years’’ and all that follows
through the end of the subsection and inserting
the following:
‘‘shall, except as provided in paragraph (2) of this sub-
section, be fined under this title or imprisoned not more
than 10 years, or both.
‘‘(2) If a circumstance exists that is listed below, the
punishment for an offense under this subsection shall be
as follows:
‘‘(A) If the damage caused by the offense ex-
ceeds $1,000,000, the offender shall be subject to a
fine under this title and imprisoned for not less than
5 nor more than 20 years.
‘‘(B) If the life of any person (other than the
offender) is placed in jeopardy as a result of the of-
fense, or the damage caused by the offense exceeds
$10,000,000, the offender shall be subject to a fine
under this title and imprisoned for not less than 8
nor more than 30 years.
‘‘(C) If personal injury results to any person
(other than the offender) or the damage caused by
the offense exceeds $25,000,000, the offender shall
be subject to a fine under this title and imprisoned
for not less than 10 nor more than 40 years.
‘‘(D) If the death of any person results the of-
fender shall—
‘‘(i) be subject to a fine under this title
and imprisoned for any term of years greater
than 25 (or imprisonment for life); and
‘‘(ii) also be subject to the death penalty as
provided in section 34 of this title.’’.
(2) INTERSTATE COMMERCE.—Subsection (i) of
section 844 of title 18, United States Code, is
amended—
(A) by inserting ‘‘(1)’’ after ‘‘(i)’’; and
(B) by striking ‘‘shall be imprisoned for
not more than ten years’’ and all that follows
through the end of the subsection and inserting
the following:
‘‘shall, except as provided in paragraph (2) of this sub-
section, be fined under this title or imprisoned not more
than 10 years, or both.
‘‘(2) If a circumstance exists that is listed below, the
punishment for an offense under this subsection shall be
as follows:
‘‘(A) If the damage caused by the offense ex-
ceeds $1,000,000, the offender shall be subject to a
fine under this title and imprisoned for not less than
5 nor more than 20 years.
‘‘(B) If the life of any person (other than the
offender) is placed in jeopardy as a result of the of-
fense, or the damage caused by the offense exceeds
$10,000,000, the offender shall be subject to a fine
under this title and imprisoned for not less than 8
nor more than 30 years.
‘‘(C) If personal injury results to any person
(other than the offender) or the damage caused by
the offense exceeds $25,000,000, the offender shall
be subject to a fine under this title and imprisoned
for not less than 10 nor more than 40 years.
‘‘(D) If the death of any person results the of-
fender shall—
‘‘(i) be subject to a fine under this title
and imprisoned for any term of years greater
than 25 (or imprisonment for life); and
‘‘(ii) also be subject to the death penalty as
provided in section 34 of this title.’’.
(b) RECKLESS OR NEGLIGENT USE OF FIRE OR EX-
PLOSIVE.—Section 844 of title 18, United States Code,
is amended by adding at the end the following:
‘‘(k)(1) Whoever recklessly engages in conduct that
would be prohibited by subsection (f) or (i) of this section
if such conduct were engaged in maliciously, and as a re-
sult a dwelling (other than that of the offender) is de-
stroyed or a person (other than the offender) is injured,
shall be fined under this title or imprisoned not more than
one year, or both. If the court does not sentence a person
convicted under this section to imprisonment, the court
shall as a minimum sentence such person to probation
with a condition that such person perform not less than
400 nor more than 2000 hours of community service. In
any juvenile proceeding, a juvenile who has been adju-
dicated a juvenile delinquent for conduct which if commit-
ted by an adult would be a violation of this subsection
shall be required to spend at least one week in an residen-
tial institution for the confinement of juvenile delinquents
and to perform not less than 400 nor more than 2000
hours of community service.
‘‘(2) Whoever negligently engages in conduct that
would be prohibited by subsection (f) or (i) of this section
if such conduct were engaged in maliciously shall be fined
under this title or imprisoned not more than one month,
or both. If the court does not sentence a person convicted
under this section to imprisonment, the court shall as a
minimum sentence such person to probation with a condi-
tion that such person perform not less than 100 nor more
than 1000 hours of community service. In any juvenile
proceeding, a juvenile who has been adjudicated a juvenile
delinquent for conduct which if committed by an adult
would be a violation of this subsection shall be required
to spend at least two days in an residential institution for
the confinement of juvenile delinquents and to perform not
less than 100 nor more than 1000 hours of community
service.’’.
SEC. 5. ELIMINATION OF FIRE HAZARDS.
The Forest Service in the Department of Agriculture,
in consultation with local fire chiefs, and other fire and
arson experts, shall prepare a study of whether there are
any Federal legal impediments that prevent homeowners,
local governments, and other interested parties from clear-
ing highly flammable fire hazards, including brush weeds
that may provide fuel for dangerous fires. The Forest
Service shall report the results of such study to Congress
not later than one year after the date of the enactment
of this Act.
SEC. 6. DEFENSE CONVERSION FOR STRENGTHENING PRI-
VATE FIRE FIGHTING CAPABILITIES.
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense, in consultation
with the Federal Aviation Administration, shall report to
Congress on—
(1) how more use could be made of excess mili-
tary cargo, other planes available to the Forest Serv-
ice, and private fire fighting contractors; and
(2) how to reform Federal aviation regulations
to allow full effective use of such planes for fire
fighting purposes.
SEC. 7. INSURING FIRE FIGHTING WATER SUPPLY AND
BACKUP POWER.
The Forest Service in the Department of Agriculture,
in consultation with local fire chiefs, and other fire and
arson experts, shall prepare a study of the potential fea-
sibility of building additional roads and backup power sup-
plies for assuring water pressure and water availability in
national forest areas to increase fire fighting effectiveness.
The Forest Service shall report the results of such study
to Congress not later than one year after the date of the
enactment of this Act.
SEC. 8. REVENUE OFFSET.
Notwithstanding any other provision of law, the Sec-
retary of Agriculture shall reduce by 5 percent the below-
cost direct loans of the Farmers Home Administration for
each of fiscal years 1994 through 1998.
Æ