[Senate Report 108-126]
[From the U.S. Government Publishing Office]
Calendar No. 250
108th Congress Report
SENATE
1st Session 108-126
_______________________________________________________________________
UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION ACT OF 2003
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1152
August 26, 2003.--Ordered to be printed
Filed under authority of the order of the Senate of July 29
(legislative day, July 21), 2003
______
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
Calendar No. 250
108th Congress Report
SENATE
1st Session 108-126
======================================================================
UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION ACT OF 2003
_______
August 26, 2003.--Ordered to be printed
Filed, under authority of the order of the Senate of July 29
(legislative day, July 21), 2003
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1152]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1152) ``a bill to reauthorize
the United States Fire Administration, and for other
purposes'', having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill as amended do pass.
Purpose of the Bill
The purpose of this legislation, as reported, is to
reauthorize the United States Fire Administration (USFA) for
fiscal year (FY) 2004 through FY 2008, and re-establish the
position of Administrator of the USFA. The legislation also
would establish and authorize funding for programs under the
USFA to support the development of voluntary consensus
standards for new firefighting technology, improve coordination
between Federal, State, and local fire officials, and authorize
the National Fire Academy to train firefighters to respond to
acts of terrorism.
Background and Needs
Nearly 75 percent of the more than one million firefighters
in the United States are volunteers. Volunteer fire departments
protect most of the rural areas and smaller communities in the
United States, as well as many of the suburban areas
surrounding large cities. Career firefighters, including
municipal firefighters, cover mostly metropolitan cities and
most cities with populations greater than 50,000. The career
fire service is estimated to include about 3,000 fire
departments and approximately 275,000 full-time paid
firefighters. The largest career fire department has more than
14,000 full-time employees, although most have fewer than 50
employees. Some jurisdictions include fire departments that use
both career and volunteer firefighters. The firefighting
profession is one of the most hazardous professions in the
country. In 2002, 102 firefighters died in the line of duty. As
was demonstrated during the terrorist attacks of September 11,
2001, local firefighters are often the first responders to an
incident of domestic terrorism.
The USFA. The USFA is a directorate within the Federal
Emergency Management Agency (FEMA). The Homeland Security Act
of 2002 (P.L. 107-296) incorporated FEMA, including the USFA,
into the Emergency Preparedness and Response Directorate of the
U.S. Department of Homeland Security (DHS). The USFA's mission
is to provide leadership, coordination, and support for the
nation's fire prevention and control, fire training and
education, and emergency medical services activities. The
USFA's ultimate objective is to significantly reduce the
nation's loss of life from fire, while also achieving a
reduction in property loss and non-fatal injury due to fire.
The USFA contains the following programs:
Data Collection. USFA's National Fire Data Center
(NFDC) administers a national system for collecting,
analyzing, and disseminating data and information on
fire and other emergency incidents to State and local
governments and the fire community.
Public Education and Awareness. Through partnerships
and special initiatives, the USFA involves the fire
services, the media, other Federal agencies, and safety
interest groups in the development of fire safety
awareness and education programs.
Training. The USFA's National Fire Academy (NFA)
offers educational opportunities for the advanced
professional development of the mid-level and senior
fire/Emergency Medical Services (EMS) officers and
allied professionals involved in fire prevention and
life safety activities. The Academy develops and
delivers educational and training programs with a
national focus that supplement and support State and
local fire service training.
Technology. Through research, testing, and
evaluation, the USFA works with public and private
entities to promote and improve fire and life safety.
Research and special studies are conducted on fire
detection, suppression, and notification systems and
are published and made available to the public free of
charge through the USFA Publications Center.
Assistance to Firefighters Grant Program. This
program was established by Title XVII of the National
Defense Authorization Act for Fiscal Year 2001 (the
title is commonly referred to as the Firefighter
Investment and Response Enhancement (FIRE) Act). This
program provides competitive grants to local fire
departments for training, wellness/fitness programs,
vehicles, firefighting equipment, personal protective
equipment, and fire prevention. The National Defense
Authorization Act for FY 2002 (P.L. 107-107) authorized
$900 million per year through FY 2004 for the
Assistance to Firefighters Grant Program. In the 108th
Congress, the FY 2003 Omnibus Appropriations
legislation (P.L. 108-7) provided $750 million for this
program.
Issues Concerning the Fire Services
USFA's Transfer to the Department of Homeland Security.
Issues have been raised about how the USFA's transfer to DHS
will affect its mission. Language in the Homeland Security Act
which terminated positions that received compensation at the
rates prescribed at level II, III, IV, or V of the Executive
Schedule eliminated the position of the U.S. Fire
Administrator, which is currently compensated at level IV.
Equipment Standardization. Today's firefighters use a variety
of technologies, including thermal imaging equipment used for
locating firefighters and victims, and state-of-the-art
protective suits to fight fires, clean up chemical or hazardous
waste spills, and contend with potential terrorist devices. The
Assistance to Firefighters Grant Program provides funding for
career and volunteer fire companies to buy necessary equipment
and to be prepared for fires and other emergencies.
It is important to point out that there are no uniform
technical standards for new equipment for combating fires and
other threats. Without such standards, local fire companies may
purchase equipment that does not satisfy their needs, or even
purchase faulty equipment. For example, Montgomery County,
Maryland, spent $40,000 on ``Level B'' protective suits that
they cannot use, because these suits have ``booties'' that are
not compatible with the firefighters' boots. Also, the fire
chief of Arlington County, Virginia, Edward P. Plaugher, has
raised concerns about the lack of equipment standards, as well
as the lack of guidelines for training the workers charged with
responding to a future terrorist attack. In a September 10,
2002, story in The Washington Post, Chief Plaugher stated,
``Without clear goals, we risk undermining ourselves while
wasting precious resources.'' In addition, a 1998 Blue Ribbon
Panel review recommended greater coordination between the USFA
and other agencies, such as the National Institute of Standards
and Technology, in order to advance the state of the art
technology for fire safety.
Coordination. Coordination issues also challenge the fire
services. Many issues regarding coordination surfaced on
September 11, 2001. On July 23, 2002, Titan Systems Corporation
issued an after-action report, on behalf of the fire department
of Arlington County, Virginia, which highlighted problems
between the coordination of Washington, D.C., and Arlington
County fire departments. The report also cited the confusion
caused by a large influx of self-dispatched volunteers, and
increased risk faced by the ``bonafide responders.'' These
conclusions are consistent with an article by the most recent
U.S. Fire Administrator, R. David Paulison, in the June 1993
issue of Fire Chief magazine, where he described being
overwhelmed by the number of uncoordinated volunteer efforts
that poured into Florida after Hurricane Andrew. Additionally,
many fire officials and the General Accounting Office have
highlighted the duplicative nature of many Federal programs and
the need for better coordination between Federal, State, and
local officials.
Training. The events of September 11 also demonstrated a need
for improved training, especially in the fields of building
collapse rescue and tactics to respond to terrorist-caused
catastrophes. In his testimony before the Science, Technology,
and Space Subcommittee in October 2001, Kenneth Burris, then-
Chief Operating Officer of the USFA, testified on the need for
greater training in leadership and strategic skills, including
incident management systems and integrated response. Further,
the growing trend of wildfires invading urban areas highlights
the need for urban firefighters to be prepared to deal with
these threats.
Summary of Provisions
S. 1152, as reported, would re-establish the position of
Administrator of the USFA. In addition, the legislation also
would authorize appropriations for the USFA for Fiscal Year
(FY) 2004 through FY 2008. The legislation also would authorize
a $3,000,000 grant program for fire fighting equipment to fight
fires using foam in remote areas without access to water.
S. 1152, as reported, would authorize the United States Fire
Administrator to conduct a program of development, testing, and
evaluation of methods to contain insect infested forest fires,
and measuring, tracking, and limiting dispersal of resultant
fine particle smoke. In addition, the Administrator would be
directed to consult with the National Institute of Standards
and Technology, the Inter-Agency Board for Equipment
Standardization and Inter-Operability, the National Institute
for Occupational Safety and Health, the Directorate of Science
and Technology of the Department of Homeland Security, national
voluntary consensus standards development organizations,
interested Federal, State, and local agencies, and other
interested parties, to develop measurement techniques and
testing methodologies, and support the development of voluntary
consensus standards through national standards development
organizations for evaluating the performance and compatibility
of new firefighting technology.
The legislation also would authorize the Administrator, in
consultation with the Under Secretary of Homeland Security for
Emergency Preparedness and Response, to provide technical
assistance and training to State and local fire service
officials to establish nationwide and State mutual aid systems
for dealing with national emergencies that include threat
assessment, and means of collecting asset and resource
information for deployment. The Administrator, in consultation
with the Under Secretary of Homeland Security for Emergency
Preparedness and Response, also would develop model mutual aid
plans for both intrastate and interstate assistance. The United
States Fire Administrator would be directed to report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Science within 90
days after the date of enactment of this Act on the need for a
strategy concerning deployment of volunteers and emergency
response personnel, including a national credentialing system
in the event of a national emergency. Within 180 days after the
date of enactment of this Act, the Under Secretary of Homeland
Security for Emergency Preparedness and Response would be
required to revise the Federal Response Plan to incorporate
plans for responding to terrorist attacks, particularly in
urban areas, including fire detection and suppression, and
related emergency services. The Under Secretary would report to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Science on these
revisions.
The legislation also would authorize the Superintendent of
the National Fire Academy to train firefighters for responding
to acts of terrorism. The Superintendent would be authorized to
consult with other Federal, State, and local agency officials
in developing curricula for classes at the Academy. The United
States Fire Administrator would coordinate the training program
with the Attorney General, the Secretary of Health and Human
Services, and other Federal agencies to prevent and eliminate
duplicative training programs.
Legislative History
On February 5, 2003, Senator McCain introduced S. 321, the
Firefighting Research and Coordination Act. This legislation
was co-sponsored by Senators Hollings, Biden, Brownback,
Cantwell, Carper, DeWine, Graham of South Carolina, and Snowe.
On April 30, 2003, the full Committee conducted a hearing on
the ``Needs of the Fire Service''. The hearing witnesses
included: Congressman Dave Camp; Congressman Curt Weldon; the
Honorable Arden L. Bement, Jr., Director, National Institute of
Standards and Technology; the Honorable R. David Paulison,
Director, Preparedness Division, Emergency Preparedness and
Response Directorate, U.S. Department of Homeland Security;
Chief Randy R. Bruegman, President, International Association
of Fire Chiefs; Mr. Kevin O'Connor, Assistant to the General
President for Government and Public Relations, International
Association of Fire Fighters (AFL-CIO-CLC); the Honorable James
M. Shannon, President and Chief Executive Officer, National
Fire Protection Association; and Chief Philip C. Stittleburg,
Chairman, National Volunteer Fire Council.
On May 23, 2003, Senator McCain introduced S. 1152, the
United States Fire Administration Reauthorization Act of 2003.
The bill was co-sponsored by Senators Hollings and Breaux.
On June 19, 2003, the Committee met in open executive session
and, by a voice vote, ordered S. 1152 to be reported with a
substitute amendment offered by Senators McCain, Hollings,
Rockefeller, Cantwell, Lautenberg and Kerry. The substitute
amendment included two major changes--(1) it would authorize
appropriations for USFA for FY 2004 through FY 2008; and (2) it
added the provisions of S. 321, the Firefighting Research and
Coordination Act. An amendment by Senator Stevens was accepted
by voice vote that would authorize research into methods of
containing insect infested forest fires and methods of
limiting, measuring, and tracking smoke resulting from such
fires. In addition, the Stevens amendment would establish a
$3,000,000 grant program for fire fighting equipment necessary
to fight fires using foam in remote areas without access to
water.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 1152--A bill to reauthorize the United States Fire Administration,
and for other purposes
Summary: S. 1152 would reauthorize the activities of the
United States Fire Administration for five years and would
authorize the appropriation of $335 million over the 2004-2008
period. In addition, the bill would authorize the agency to
undertake new research and development and training activities.
Assuming appropriation of the amounts authorized in S.
1152, CBO estimates that implementing the bill would cost $262
million over the 2004-2008 period and an additional $73 million
after that period. Enacting S. 1152 would not affect direct
spending or revenues.
S. 1152 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: The estimated
budgetary impact of S. 1152 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
For this estimate, CBO assumes that the amounts authorized
by the bill will be appropriated for each fiscal year. Outlay
estimates are based on historical spending patterns for this
program.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
U.S. Fire Administration spending under current law:
Budget authority \1\........................................ 93 0 0 0 0 0
Estimated outlays........................................... 54 31 19 12 5 0
Proposed changes:
Authorization level......................................... 0 63 65 67 69 71
Estimated outlays........................................... 0 28 45 56 64 69
U.S. Fire Administration spending under S. 1152:
Authorization level \1\..................................... 63 65 67 69 71
Estimated outlays........................................... 59 64 68 69 69
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year.
Intergovernmental and private-sector impact: S. 1152
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose on costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Julie Middleton.
Impact on State, Local, and Tribal Governments: Greg Waring.
Impact on the Private Sector: Cecil McPherson.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
Section 202(5) of this legislation would direct the
Administrator of the USFA (the Administrator) to support the
development of new voluntary consensus standards for new
firefighting technologies through national voluntary consensus
standards organizations. Recipients of grants through the
Assistance to Firefighters program, as defined by section 33 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229), would be required by regulation to purchase equipment
for which applicable voluntary consensus standards have been
established.
ECONOMIC IMPACT
This legislation would not have an adverse economic impact on
the nation. The bill would promote the development of more
effective equipment and the establishment of better
coordination and training for response to fires, terrorist
attacks, and other national emergencies.
PRIVACY
S. 1152 would not have a negative impact on the personal
privacy of individuals.
PAPERWORK
The legislation would not increase paperwork requirements for
private individuals or businesses. The bill would require two
reports from the Federal government. The first report would be
from the Administrator to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Science, within 90 days after the enactment of
this legislation, on the need for a strategy concerning the
deployment of volunteers and emergency response personnel,
including a national credentialing system, in the event of a
national emergency. The second report would be from the Under
Secretary of Emergency Preparedness and Response at the
Department of Homeland Security to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science, within 180 days after the
date of enactment, on revisions that the Under Secretary has
made to the Federal Response Plan for responding to terrorist
attacks, particularly in urban areas, including fire detection
and suppression, and related emergency services. The
legislation also would establish a $3,000,000 grant program for
fire fighting equipment necessary to fight fires using foam in
remote areas without access to water. Applicants to this grant
program would have to file documents to apply for this program.
Section-by-Section Analysis
TITLE I--UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION
Sec. 101. Short Title
The section would provide that the legislation may be cited
as the ``United States Fire Administration Reauthorization Act
of 2003''.
Sec. 102. Re-Establishment of Position of United States Fire
Administrator
Section 102 would clarify that Section 1513 of the Homeland
Security Act of 2002 (P.L. 107-296) does not apply to the
position or office of the Administrator of the USFA. The
Administrator would continue to be appointed by the President,
with the advice and consent of the Senate, and would be
compensated as provided for by section 5(b) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2204(b)).
Sec. 103. Authorization of Appropriations
Section 103 would authorize appropriations of $63,200,000 for
FY 2004, of which $2,200,000 would be used for activities to
support the development of voluntary consensus standards for
new firefighting technologies; $65,096,000 for FY 2005, of
which $2,266,000 would be used for activities to support the
development of voluntary consensus standards for new
firefighting technologies; $67,049,000 for FY 2006, of which
$2,334,000 would be used for activities to support the
development of voluntary consensus standards for new
firefighting technologies; $69,060,000 for FY 2007, of which
$2,404,000 would be used for activities to support the
development of voluntary consensus standards for new
firefighting technologies; and $71,132,000 for FY 2008, of
which $2,476,000 would be used for activities to support the
development of voluntary consensus standards for new
firefighting technologies.
This section also would authorize $3,000,000 annually for FY
2004 through FY 2006 for grants for firefighting equipment
necessary to fight fires using foam in remote areas without
access to water. The Committee expects that such grants would
be awarded on a merit-reviewed, competitive basis.
TITLE II--FIREFIGHTING RESEARCH AND COORDINATION
Sec. 201. Short Title
The section would cite the title as the ``Firefighting
Research and Coordination Act''.
Sec. 202. New Firefighting Technology
Section 202 would amend Section 8(a) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2207) to
authorize the Administrator to conduct a program of
development, testing, and evaluation of methods of containing
insect infested forest fires and limiting dispersal of
resultant fine particle smoke, and methods for measuring and
tracking the dispersal of fine particle smoke resulting from
fires of insect infested fuel.
In addition, this section would establish a new section 8(e)
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2207). This new subsection would direct the
Administrator, in consultation with the National Institute of
Standards and Technology, the Inter-Agency Board for Equipment
Standardization and Inter-Operability, the National Institute
for Occupational Safety and Health, the Directorate of Science
and Technology of the Department of Homeland Security, national
voluntary consensus standards development organizations, and
other interested parties, to develop new, and utilize existing,
measurement techniques and testing methodologies for evaluating
the performance of new firefighting technologies, including--
(1) personal protection equipment;
(2) devices for advance warning of extreme hazard;
(3) equipment for enhanced vision;
(4) devices to locate victims, firefighters, and
other rescue personnel in above-ground and below-ground
structures;
(5) equipment and methods to provide information for
incident command, including the monitoring and
reporting of individual personnel welfare;
(6) equipment and methods for training, especially
for virtual reality training; and
(7) robotics and other remote-controlled devices.
Under the new section 8(e), the Administrator also would be
required to evaluate the compatibility of new equipment and
technology with existing firefighter technology, and support
the development of new voluntary consensus standards for new
firefighting technologies through national voluntary consensus
standards organizations.
For equipment for which applicable voluntary consensus
standards have been established, the Administrator would be
directed to require, by regulation, that equipment purchased
through the Assistance to Firefighters Grant Program
established by section 33 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229) meet or exceed applicable
voluntary consensus standards. For the purposes of this
subsection, the Administrator would have the discretion to
determine the applicability of voluntary consensus standards to
an application under this program. The Committee recognizes
that the establishment of voluntary consensus standards can be
a time-consuming process and that developments in new
firefighting technology may supersede such standards. In order
to enable fire departments to have access to state-of-the-art
equipment, the Committee recommends that the Administrator
exercise some flexibility in the rare case when a newly
developed firefighting technology may make an existing
voluntary consensus standard irrelevant.
In addition, the Committee believes that it would be
beneficial for the Administrator to collaborate with the
Department of Defense to use that department's expertise in the
fields of firefighting and fire prevention in meeting the
requirements of this section.
Sec. 203. Coordination of Response to National Emergency
Subsection (a) would create a new section 10(b) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2209). This new subsection (b) would require the Administrator,
after consultation with the Under Secretary for Emergency
Preparedness and Response at the Department of Homeland
Security, to provide technical assistance and training to State
and local fire service officials to establish nationwide and
State mutual aid systems for dealing with national emergencies.
These mutual aid systems would include threat assessment and
equipment deployment strategies and include means of collecting
asset and resource information to provide accurate and timely
data for regional deployment. These mutual aid systems also
would have to be consistent with the Federal Response Plan. The
Administrator, in consultation with the Under Secretary for
Emergency Preparedness and Response at the Department of
Homeland Security, would be required to develop and make
available to State and local fire service officials model
mutual aid plans for both intrastate and interstate assistance.
Subsection (b) would require the Administrator to report to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Science, within
90 days after the date of enactment of this Act, on the need
for a strategy concerning the deployment of volunteers and
emergency response personnel (as defined in section 6 of the
Firefighters' Safety Study Act (15 U.S.C. 2223e)), including a
national credentialing system, in the event of a national
emergency. The Committee recommends that the Administrator
consider existing programs that accredit and certify
professional fire service qualifications and programs in other
Federal agencies that credential volunteer firefighters as he
examines a national credentialing system.
Subsection (c) would require the Under Secretary for
Emergency Preparedness and Response at the Department of
Homeland Security to revise the Federal Response Plan, within
180 days after the date of enactment of this Act, to
incorporate plans for responding to terrorist attacks,
particularly in urban areas, including fire detection and
suppression and related emergency services. The Under Secretary
also would be required to transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science on these
revisions.
Sec. 204. Training
Subsection (a) would amend section 8(d)(1) of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)
to authorize the Superintendent of the National Fire Academy to
conduct training in the following areas--
(1) strategies for building collapse rescue;
(2) the use of technology in response to fires,
including terrorist incidents and other national
emergencies;
(3) response, tactics, and strategies for dealing
with terrorist-caused national catastrophes;
(4) use of and familiarity with the Federal Response
Plan;
(5) leadership and strategic skills, including
integrated management systems operations and integrated
response;
(6) applying new technology and developing strategies
and tactics for fighting forest fires;
(7) integrating terrorism response agencies into the
national terrorism incident response system; and
(8) response tactics and strategies for fighting
fires at United States ports, including fires on the
water and aboard vessels.
Subsection (b) would authorize the Superintendent of the
National Fire Academy to consult with other Federal, State, and
localgovernment officials in developing curricula for classes
at the Academy.
Subsection (c) would require the Administrator to coordinate
the training provided under section 8(d)(1) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) with
the Attorney General, the Secretary of Health and Human
Services, and the heads of other Federal agencies, to ensure
that such training does not duplicate existing courses
available to fire service personnel and to establish a
mechanism for eliminating duplicative training programs.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, 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 material is printed
in italic, existing law in which no change is proposed is shown
in roman):
Federal Fire Prevention and Control Act of 1974
SEC. 7. NATIONAL ACADEMY FOR FIRE PREVENTION AND CONTROL.
[15 U.S.C. 2206]
(a) Establishment.--The Director shall establish, at the
earliest practicable date, a National Academy for Fire
Prevention and Control. The purpose of the Academy shall be to
advance the professional development of fire service personnel
and of other persons engaged in fire prevention and control
activities.
(b) Superintendent.--The Academy shall be headed by a
Superintendent, who shall be appointed by the Director. In
exercising the powers and authority contained in this section
the Superintendent shall be subject to the direction of the
Administrator.
(c) Powers of Superintendent.--The Superintendent is
authorized to--
(1) develop and revise curricula, standards for
admission and performance, and criteria for the
awarding of degrees and certifications;
(2) appoint such teaching staff and other personnel
as he determines to be necessary or appropriate;
(3) conduct courses and programs of training and
education, as defined in subsection (d) of this
section;
(4) appoint faculty members and consultants without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service, and, with respect to temporary and
intermittent services, to make appointments to the same
extent as is authorized by section 3109 of title 5,
United States Code;
(5) establish fees and other charges for attendance
at, and subscription to, courses and programs offered
by the Academy. Such fees may be modified or waived as
determined by the Superintendent;
(6) conduct short courses, seminars, workshops,
conferences, and similar education and training
activities in all parts and localities of the United
States;
(7) enter into such contracts and take such other
actions as may be necessary in carrying out the
purposes of the Academy; and
(8) consult with officials of the fire services and
other interested persons in the exercise of the
foregoing powers.
(d) Program of the Academy.--The Superintendent is authorized
to--
(1) train fire service personnel in such skills and
knowledge as may be useful to advance their ability to
prevent and control fires, including, but not limited
to--
(A) techniques of fire prevention, fire
inspection, firefighting, and fire and arson
investigation;
(B) tactics and command of firefighting for
present and future fire chiefs and commanders;
(C) administration and management of fire
services;
(D) tactical training in the specialized
field of aircraft fire control and crash
rescue;
(E) tactical training in the specialized
field of fire control and rescue aboard
waterborne vessels; [and]
(F) strategies for building collapse rescue;
(G) the use of technology in response to
fires, including terrorist incidents and other
national emergencies;
(H) response, tactics, and strategies for
dealing with terrorist-caused national
catastrophes;
(I) use of and familiarity with the Federal
Response Plan;
(J) leadership and strategic skills,
including integrated management systems
operations and integrated response;
(K) applying new technology and developing
strategies and tactics for fighting forest
fires;
(L) integrating terrorism response agencies
into the national terrorism incident response
system;
(M) response tactics and strategies for
fighting fires at United States ports,
including fires on the water and aboard
vessels; and
[(F)] (N) the training of present and future
instructors in the aforementioned subjects;
(2) develop model curricula, training programs, and
other educational materials suitable for use at other
educational institutions, and to make such materials
available without charge;
(3) develop and administer a program of
correspondence courses to advance the knowledge and
skills of fire service personnel;
(4) develop and distribute to appropriate officials
model questions suitable for use in conducting entrance
and promotional examinations for fire service
personnel; and
(5) encourage the inclusion of fire prevention and
detection technology and practices in the education and
professional practice of architects, builders, city
planners, and others engaged in design and planning
affected by fire safety problems.
(e) Technical Assistance.--The Administrator is authorized,
to the extent that he determines it necessary to meet the needs
of the Nation, to encourage new programs and to strengthen
existing programs of education and training by local fire
services, units, and departments, State and local governments,
and private institutions, by providing technical assistance and
advice to--
(1) vocational training programs in techniques of
fire prevention, fire inspection, firefighting, and
fire and arson investigation;
(2) fire training courses and programs at junior
colleges; and
(3) four-year degree programs in fire engineering at
colleges and universities.
(f) Assistance to State and Local Fire Service Training
Programs.--The Administrator is authorized to provide
assistance to State and local fire service training programs
through grants, contracts, or otherwise. Such assistance shall
not exceed 4 per centum of the amount authorized to be
appropriated in each fiscal year pursuant to section 17 of this
Act.
(g) Site Selection.--The Academy shall be located on such
site as the Director selects, subject to the following
provisions:
(1) The Director is authorized to appoint a Site
Selection Board consisting of the Academy
Superintendent and two other members to survey the most
suitable sites for the location of the Academy and to
make recommendations to the Director.
(2) The Site Selection Board in making its
recommendations and the Director in making his final
selection, shall give consideration to the training and
facility needs of the Academy, environmental effects,
and the possibility of using a surplus Government
facility, and such other factors as are deemed
important and relevant. The Director shall make a final
site selection not later than 2 years after the date of
enactment of this Act.
(h) Construction Costs.--Of the sums authorized to be
appropriated for the purpose of implementing the programs of
the Administration, not more than $9,000,000 shall be available
for the construction of facilities of the Academy on the site
selected under subsection (g) of this section. Such sums for
such construction shall remain available until expended.
(i) Educational and Professional Assistance.--The
Administrator is authorized to--
(1) provide stipends to students attending Academy
courses and programs, in amounts up to 75 per centum of
the expense of attendance, as established by the
Superintendent;
(2) provide stipends to students attending courses
and non-degree training programs approved by the
Superintendent at universities, colleges, and junior
colleges, in amounts up to 50 per centum of the cost of
tuition;
(3) make or enter into contracts to make payments to
institutions of higher education for loans, not to
exceed $2,500 per academic year for any individual who
is enrolled on a full-time basis in an undergraduate or
graduate program of fire research or engineering which
is certified by the Superintendent. Loans under this
paragraph shall be made on such terms and subject to
such conditions as the Superintendent and each
institution involved may jointly determine; and
(4) establish and maintain a placement and promotion
opportunities center in cooperation with the fire
services, for firefighters who wish to learn and take
advantage of different or better career opportunities.
Such center shall not limit such assistance to students
and graduates of the Academy, but shall undertake to
assist all fire service personnel.
(j) Board of Visitors.--Upon establishment of the Academy,
the Director shall establish a procedure for the selection of
professionals in the field of fire safety, fire prevention,
fire control, research and development in fire protection,
treatment and rehabilitation of fire victims, or local
government services management to serve as members of a Board
of Visitors for the Academy. Pursuant to such procedure, the
Director shall select eight such persons to serve as members of
such Board of Visitors to serve such terms as the Director may
prescribe. The function of such Board shall be to review
annually the program of the Academy and to make comments and
recommendations to the Director regarding the operation of the
Academy and any improvements therein which such Board deems
appropriate. Each member of such Board shall be reimbursed for
any expenses actually incurred by him in the performance of his
duties as a member of such Board.
(k) Accreditation.--The Superintendent is authorized to
establish a Committee on Fire Training and Education which
shall inquire into and make recommendations regarding the
desirability of establishing a mechanism for accreditation of
fire training and education programs and courses, and the role
which the Academy should play if such a mechanism is
recommended. The Committee shall consist of the Superintendent
as Chairman and eighteen other members appointed by the
Administrator from among individuals and organizations
possessing special knowledge and experience in the field of
fire training and education or related fields. The Committee
shall submit to the Administrator within two years after its
appointment a full and complete report of its findings and
recommendations. Upon the submission of such report, the
Committee shall cease to exist. Each appointed member of the
Committee shall be reimbursed for expenses actually incurred in
the performance of his duties as a member.
(l) Admission.--The Superintendent is authorized to admit to
the courses and programs of the Academy individuals who are
members of the firefighting, rescue, and civil defense forces
of the Nation and such other individuals, including candidates
for membership in these forces, as he determines can benefit
from attendance. Students shall be admitted from any State,
with due regard to adequate representation in the student body
of all geographic regions of the Nation. In selecting students,
the Superintendent may seek nominations and advice from the
fire services and other organizations which wish to send
students to the Academy.
SEC. 8. FIRE TECHNOLOGY.
[15 U.S.C. 2207]
(a) Development.--The Administrator shall conduct a
continuing program of development, testing, and evaluation of
equipment for use by the Nation's fire, rescue, and civil
defense services, with the aim of making available improved
suppression, protective, auxiliary, and warning devices
incorporating the latest technology.Attention shall be given to
the standardization, compatibility, and interchangeability of such
equipment. Such development, testing, and evaluation activities shall
include, but need not be limited to--
(1) safer, less cumbersome articles of protective
clothing, including helmets, boots, and coats;
(2) breathing apparatus with the necessary duration
of service, reliability, low weight, and ease of
operation for practical use;
(3) safe and reliable auxiliary equipment for use in
fire prevention, detection, and control, such as fire
location detectors, visual and audio communications
equipment, and mobile equipment;
(4) special clothing and equipment needed for forest
fires, brush fires, oil and gasoline fires, aircraft
fires and crash rescue, fires occurring aboard
waterborne vessels, and in other special firefighting
situations;
(5) fire detectors and related equipment for
residential use with high sensitivity and reliability,
and which are sufficiently inexpensive to purchase,
install, and maintain to insure wide acceptance and
use;
(6) in-place fire prevention systems of low cost and
of increased reliability and effectiveness;
(7) methods of testing fire alarms and fire
protection devices and systems on a non-interference
basis;
(8) the development of purchase specifications,
standards, and acceptance and validation test
procedures for all such equipment and devices; [and]
(9) operation tests, demonstration projects, and fire
investigations in support of the activities set forth
in this [section.] section;
(10) methods of containing insect infested forest
fires and limiting disbursal of resultant fine particle
smoke; and
(11) methods of measuring and tracking the disbursal
of fine particle smoke resulting from fires of insect
infested fuel.
(b) Limitation on Manufacture and Sale of Equipment.--The
Administration shall not engage in the manufacture or sale of
any equipment or device developed pursuant to this section,
except to the extent that it deems it necessary to adequately
develop, test, or evaluate such equipment or device.
(c) Management Studies.--
(1) The Administrator is authorized to conduct,
directly or through contracts or grants, studies of the
operations and management aspects of fire services,
utilizing quantitative techniques, such as operations
research, management economics, cost effectiveness
studies, and such other techniques and methods as may
be applicable and useful. Such studies shall include,
but need not be limited to, the allocation of
resources, the optimum location of fire stations, the
optimum geographical area for an integrated fire
service, the manner of responding to alarms, the
operation of citywide and regional fire dispatch
centers, firefighting under conditions of civil
disturbance, and the effectiveness, frequency, and
methods of building inspections.
(2) The Administrator is authorized to conduct,
directly or through contracts or grants, research
concerning and productivity and efficiency of fire
service personnel, the job categories and skills
required by fire services under varying conditions, the
reduction of injuries to fire service personnel, the
most effective fire prevention programs and activities,
and techniques for accurately measuring and analyzing
the foregoing.
(3) The Administrator is authorized to conduct,
directly or through contracts, grants, or other forms
of assistance, development, testing, and demonstration
projects to the extent deemed necessary to introduce
and to encourage the acceptance of new technology,
standards, operating methods, command techniques, and
management systems for utilization by the fire
services.
(4) The Administrator is authorized to assist the
Nation's fire services, directly or through contracts,
grants, or other forms of assistance, to measure and
evaluate, on a cost-benefit basis, the effectiveness of
the programs and activities of each fire service and
the predictable consequences on the applicable local
fire services of coordination or combination, in whole
or in part, in a regional, metropolitan, or statewide
fire service.
(d) Rural Assistance.--The Administrator is authorized to
assist the Nation's fire services, directly or through
contracts, grants, or other forms of assistance, to sponsor and
encourage research into approaches, techniques, systems, and
equipment to improve fire prevention and control in the rural
and remote areas of the Nation.
(e) Development of New Technology.--
(1) In general.--In addition to, or as part of, the
program conducted under subsection (a), the
Administrator, in consultation with the National
Institute of Standards and Technology, the Inter-Agency
Board for Equipment Standardization and Inter-
Operability, the National Institute for Occupational
Safety and Health, the Directorate of Science and
Technology of the Department of Homeland Security,
national voluntary consensus standards development
organizations, interested Federal, State, and local
agencies, and other interested parties, shall--
(A) develop new, and utilize existing,
measurement techniques and testing
methodologies for evaluating new firefighting
technologies, including--
(i) personal protection equipment;
(ii) devices for advance warning of
extreme hazard;
(iii) equipment for enhanced vision;
(iv) devices to locate victims,
firefighters, and other rescue
personnel in above-ground and below-
ground structures;
(v) equipment and methods to provide
information for incident command,
including the monitoring and reporting
of individual personnel welfare;
(vi) equipment and methods for
training, especially for virtual
reality training; and
(vii) robotics and other remote-
controlled devices;
(B) evaluate the compatibility of new
equipment and technology with existing
firefighting technology; and
(C) support the development of new voluntary
consensus standards through national voluntary
consensus standards organizations for new
firefighting technologies based on techniques
and methodologies described in subparagraph
(A).
(2) New equipment must meet standards.--For equipment
for which applicable voluntary consensus standards have
been established, the Administrator shall, by
regulation, require that equipment or systems purchased
through the assistance program established by section
33 meet or exceed applicable voluntary consensus
standards.
[(e)] (f) Coordination.--In establishing and conducting
programs under this section, the Administrator shall take full
advantage of applicable technological developments made by
other departments and agencies of the Federal Government, by
State and local governments, and by business, industry, and
nonprofit associations.
* * * * * * *
SEC. 10. MASTER PLANS.
[15 U.S.C. 2209]
(a) Encouragement by Administrator.--The establishment of
master plans for fire prevention and control are the
responsibility of the States and the political subdivisions
thereof. The Administrator is authorized to encourage and
assist such States and political subdivisions in such planning
activities, consistent with his powers and duties under this
Act.
(b) Mutual Aid Systems.--
(1) In general.--The Administrator, after
consultation with the Under Secretary for Emergency
Preparedness and Response, shall provide technical
assistance and training to State and local fire service
officials to establish nationwide and State mutual aid
systems for dealing with national emergencies that--
(A) include threat assessment and equipment
deployment strategies;
(B) include means of collecting asset and
resource information to provide accurate and
timely data for regional deployment; and
(C) are consistent with the Federal Response
Plan.
(2) Model mutual aid plans.--The Administrator, in
consultation with the Under Secretary for Emergency
Preparedness and Response, shall develop and make
available to State and local fire service officials
model mutual aid plans for both intrastate and
interstate assistance.
[(b)] (c) ``Master Plan'' Defined.--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.
* * * * * * *
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
[15 U.S.C. 2216]
(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 11 of this Act, an amount not to exceed
$25,210,000 for the fiscal year ending September 30, 1980,
which amount includes--
(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) ;
(2) $9,430,000 for the National Academy for Fire
Prevention and Control;
(3) $307,000 for adjustments required by law in
salaries, pay, retirement, and employee benefits;
(4) $500,000 for additional rural firefighting
technical assistance and information activities;
(5) $500,000 for the study required by section 26 of
this Act; and
(6) $110,000 for the study required by section 27 of
this Act.
(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.
(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 of this Act, an amount
not to exceed $23,814,000 for the fiscal year ending September
30, 1981, which amount includes--
(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;
(2) not less than $2,575,000 for rural fire
prevention and control; and
(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.
(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--
(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--
(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
(B) $654,000 for the fiscal year ending
September 30, 1982, and $732,480 for the fiscal
year ending September 30, 1983, for executive
direction by the Federal Emergency Management
Agency of program activities for which
appropriations are authorized by this
subsection; and
(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.
(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--
(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
(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.
(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.
(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--
[(A) $17,039,000 for the fiscal year ending September
30, 1989;
[(B) $17,737,000 for the fiscal year ending September
30, 1990;
[(C) $18,464,000 for the fiscal year ending September
30, 1991;
[(D) $25,550,000 for the fiscal year ending September
30, 1992;
[(E) $26,521,000 for the fiscal year ending September
30, 1993;
[(F) $27,529,000 for the fiscal year ending September
30, 1994;
[(G) $29,664,000 for the fiscal year ending September
30, 1998;
[(H) $30,554,000 for the fiscal year ending September
30, 1999;
[(I) $44,753,000 for fiscal year 2001, of which
$3,000,000 is for research activities, and $250,000 may
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 is for anti-terrorism training, including
associated curriculum development, for fire and
emergency services personnel;
[(J) $47,800,000 for fiscal year 2002, of which
$3,250,000 is for research activities, and $250,000 may
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
$7,000,000 is for anti-terrorism training, including
associated curriculum development, for fire and
emergency services personnel; and
[(K) $50,000,000 for fiscal year 2003, of which
$3,500,000 is for research activities, and $250,000 may
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 is for anti-terrorism training, including
associated curriculum development, for fire and
emergency services personnel.]
(A) $63,200,000 for fiscal year 2004, of which
$2,200,000 shall be used to carry out section 8(e);
(B) $65,096,000 for fiscal year 2005, of which
$2,266,000 shall be used to carry out section 8(e);
(C) $67,049,000 for fiscal year 2006, of which
$2,334,000 shall be used to carry out section 8(e);
(D) $69,060,000 for fiscal year 2007, of which
$2,404,000 shall be used to carry out section 8(e); and
(E) $71,132,000 for fiscal year 2008, of which
$2,476,000 shall be used to carry out section 8(e).
(2) Of the amounts 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.
(3) Of the funds authorized by paragraph (1) for fiscal years
2004 through 2006, $3,000,000 annually shall be made available
for grants for fire fighting equipment necessary to fight fires
using foam in remote areas without access to water.
(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--
(1) $500,000 for fiscal year 1995 for basic research
on the development of an advanced course on arson
prevention;
(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;
(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
(4) $250,000 for each of the fiscal years 1995 and
1996 for salaries and expenses for carrying out section
25.