Empowering the U.S. Fire Administration Act
PL 117-246 (H.R.7077), enacted 12/20/2022

[117th Congress Public Law 246]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2345]]

Public Law 117-246
117th Congress

                                 An Act


 
  To require the United States Fire Administration to conduct on-site 
investigations of major fires, and for other purposes. <<NOTE: Dec. 20, 
                         2022 -  [H.R. 7077]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Empowering the 
U.S. Fire Administration Act. 15 USC 2201 note.>> 
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. <<NOTE: 15 USC 2235.>>  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) <<NOTE: Examination.>>  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) <<NOTE: Determination.>>  Exception.--If the 
        Administrator, in consultation with appropriate Federal, State, 
        local, Tribal, and territorial authorities determines that 
        issuing a report under paragraph (1) would

[[Page 136 STAT. 2346]]

        have a negative impact on a potential or ongoing criminal 
        investigation, the Administrator is not required to issue such 
        report.
            ``(3) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Assessment.>>  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.''.

    Approved December 20, 2022.

LEGISLATIVE HISTORY--H.R. 7077:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-309 (Comm. on Science, Space, and Technology).
SENATE REPORTS: No. 117-195 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            May 10, 11, considered and passed House.
            Dec. 6, considered and passed Senate, amended.
            Dec. 12, House considered Senate amendment.
            Dec. 14, prior proceedings vacated; House concurred in 
                Senate amendment.

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