[House Report 110-563]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-563
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4847) TO REAUTHORIZE THE
UNITED STATES FIRE ADMINISTRATION, AND FOR OTHER PURPOSES
_______
April 2, 2008.--Referred to the House Calendar and ordered to be
printed
Ms. Sutton, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1071]
The Committee on Rules, having had under consideration
House Resolution 1071, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4847, the
``United States Fire Administration Reauthorization Act of
2008,'' under a structured rule. The resolution provides one
hour of general debate equally divided and controlled by the
chairman and ranking minority member of the Committee on
Science and Technology.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that, in lieu of the
amendment in the nature of a substitute recommended by the
Committee on Science and Technology now printed in the bill,
the amendment in the nature of a substitute printed in part A
of this report shall be considered as an original bill for
purpose of amendment and shall be considered as read. The
resolution waives all points of order against the amendment in
the nature of a substitute printed in part A of this report
except those arising under clause 10 of rule XXI. This does not
affect the point of order available under clause 9 of rule XXI
(regarding earmark disclosure).
The resolution makes in order only those amendments printed
in part B of this report. Amendments so printed may be offered
only in the order printed in this report, may be offered only
by a Member designated in this report, shall be considered as
read, shall be debatable for the time specified in this report
equally divided and controlled by a proponent and an opponent,
shall not be subject to amendment, and shall not be subject to
a demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against such amendments except those arising under clause
9 or 10 of rule XXI.
The resolution provides one motion to recommit with or
without instructions. Finally, notwithstanding the operation of
the previous question, the Chair may postpone further
consideration of the bill to a time designated by the Speaker.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
the bill and its consideration (except those arising under
clause 9 or 10 of rule XXI), the Committee is not aware of any
points of order against the bill or its consideration. The
waivers of all points of order against the bill and its
consideration (except those arising under clause 9 or 10 of
rule XXI) are prophylactic in nature.
SUMMARY OF AMENDMENT IN PART A PROPOSED TO BE MADE IN ORDER AS ORIGINAL
TEXT
The amendment in the nature of a substitute makes changes
to the findings in the bill, including changes to reflect 2006
statistics of fire deaths, injuries, and property losses. For
each fiscal year, the amendment removes the specific
authorization for activities pertaining to section 8 of the
original Federal Fire and Prevention Control Act (PL 93-498)
regarding research, development, and standards activities. In
section 4 of the bill, regarding National Fire Academy Training
Program Modifications and Reports, the amendment changes the
type of organization the Administrator of the U.S. Fire
Administration (``USFA'') is authorized to contract with to
deliver USFA training from organizations that ``comply with
national voluntary consensus standards'' to organizations that
``prepare fire service personal to meet national voluntary
consensus standards for fire service personnel.'' It changes
the type of organization the Administrator is authorized to
enter into contracts with from an organization that ``operates
a fire service training program accredited by a national
recognized accreditation organization'' to organizations that
provide ``training that leads to certification by a program
accredited by a nationally recognized accreditation
organization.'' It changes section 4 of the bill to provide
that the incident command training course for fires at ports
should not relate to border and port security. Finally, the
amendment changes language requiring USFA to maintain an
Internet database to strike ``fire-related research'' and
substitute U.S. Fire Administration ``funded activities to
advance new knowledge and best practices in firefighting.''
SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Pascrell (NJ): The amendment would provide that the
National Fire Academy Training Program could train fire service
personnel in response, tactics, and strategies for dealing with
national catastrophes, including terrorist-caused national
catastrophes and incidents that involve weapons of mass
destruction. (10 minutes)
2. Sali (ID): The amendment directs the Administrator, in
collaboration with relevant Federal agencies and departments,
to develop and provide information and training to such
agencies and departments on the importance of clearing biomass
in wildland areas of Federal lands to promote the safety of
firefighters. (10 minutes)
3. Langevin (RI): The amendment is a non-binding resolution
demonstrating congressional support for the adoption of fire
sprinklers in commercial buildings. This amendment also would
demonstrate congressional support for educational programs that
raise awareness of the importance of installing fire sprinklers
in residential buildings. (10 minutes)
PART A: TEXT OF AMENDMENT TO BE MADE IN ORDER AS ORIGINAL TEXT
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Fire
Administration Reauthorization Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The loss of life due to fire has dropped
significantly over the last 25 years in the United
States. However, the United States still has one of the
highest fire death rates in the industrialized world.
For 2006, the National Fire Protection Association
reported 3,245 civilian fire deaths, 17,925 civilian
fire injuries, and $11,307,000,000 in direct losses due
to fire.
(2) Every year, over 100 firefighters die in the line
of duty. The United States Fire Administration should
continue its leadership to help local fire agencies
dramatically reduce these fatalities.
(3) Members of the fire service community should
continue to work together to further the promotion of
national voluntary consensus standards that increase
firefighter safety.
(4) The United States Fire Administration provides
crucial support to the Nation's 30,300 fire departments
through training, data collection, fire awareness and
education, and other activities for improving fire
prevention, control, and suppression technologies.
(5) The collection of data on fire and other
emergency incidents is a vital tool both for policy
makers and emergency responders to identify and develop
responses to emerging hazards. Improving the United
States Fire Administration's data collection
capabilities is essential for accurately tracking and
responding to the magnitude and nature of the Nation's
fire problem.
(6) The research and development performed by the
Federal Government and non-government organizations on
fire technologies, techniques, and tools advance the
capabilities of the Nation's fire service to prevent
and suppress fires.
(7) The United States Fire Administration is one of
the strongest voices representing the Nation's fire
service within the Federal Government, and, as such, it
should have a prominent place within the Federal
Government.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES FIRE
ADMINISTRATION.
Section 17(g)(1) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' after
the semicolon;
(2) in subparagraph (D), by striking the period at
the end and inserting a semicolon; and
(3) by adding after subparagraph (D) the following
new subparagraphs:
``(E) $70,000,000 for fiscal year 2009;
``(F) $72,100,000 for fiscal year 2010;
``(G) $74,263,000 for fiscal year 2011; and
``(H) $76,490,890 for fiscal year 2012.''.
SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS AND
REPORTS.
(a) Amendments to Fire Academy Training.--Section 7(d)(1) of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2206(d)(1)) is amended--
(1) in subparagraph (H), by striking ``terrorist-
caused national catastrophes'' and inserting ``national
catastrophes'';
(2) in subparagraph (K), by striking ``forest'' and
inserting ``wildland'';
(3) in subparagraph (M), by striking ``response
tactics and'' and inserting ``response, tactics, and'';
(4) by redesignating subparagraphs (I) through (N) as
subparagraphs (M) through (R), respectively; and
(5) by inserting after subparagraph (H) the following
new subparagraphs:
``(I) response, tactics, and strategies for
fighting large-scale fires or multiple fires in
a general area that cross jurisdictional
boundaries;
``(J) response, tactics, and strategies for
fighting fires occurring at the wildland-urban
interface;
``(K) response, tactics, and strategies for
fighting fires involving hazardous materials;
``(L) advanced emergency medical services
training;''.
(b) Triennial Reports.--Section 7 of such Act (15 U.S.C.
2206) is amended by adding at the end the following new
subsection:
``(m) Triennial Report.--In the first annual report filed
pursuant to section 16 for which the deadline for filing is
after the expiration of the 18-month period that begins on the
date of the enactment of the United States Fire Administration
Reauthorization Act of 2008, and in every third annual report
thereafter, the Administrator shall include information about
changes made to the Academy curriculum, including--
``(1) the basis for such changes, including a review
of the incorporation of lessons learned by emergency
response personnel after significant emergency events
and emergency preparedness exercises performed under
the National Exercise Program; and
``(2) the desired training outcome of all such
changes.''.
(c) Authorizing the Administrator to Enter Into Contracts to
Provide On-Site Training Through Certain Accredited
Organizations.--Section 7(f) of such Act (15 U.S.C. 2206(f)) is
amended to read as follows:
``(f) Assistance.--
``(1) In general.--The Administrator is authorized to
provide assistance to State and local fire service
training programs through grants, contracts, or
otherwise.
``(2) Authorization to enter into contracts to
provide on-site training through certain accredited
organizations.--
``(A) In general.--The Administrator is
authorized to enter into a contract with one or
more nationally recognized organizations that
have established on-site training programs that
prepare fire service personnel to meet national
voluntary consensus standards for fire service
personnel and that facilitate the delivery of
the education and training programs outlined in
subsection (d)(1) directly to fire service
personnel.
``(B) Restrictions.--The Administrator shall
not enter into a contract with such
organization unless such organization--
``(i) provides training that leads to
certification by a program accredited
by a nationally recognized
accreditation organization; or
``(ii) at the time the Administrator
enters into the contract, provides
training under such a program under a
cooperative agreement with a Federal
agency.
``(3) Restriction on use of funds.--The amounts
expended by the Administrator to carry out this
subsection in any fiscal year shall not exceed 4
percent of the amount authorized to be appropriated in
such fiscal year pursuant to section 17 of this Act.''.
(d) Incident Command Training Course for Fires at Ports
Required.--Not later than 2 years after the date of the
enactment of this Act, the Administrator of the United States
Fire Administration, in consultation with the Superintendent of
the National Academy for Fire Prevention and Control, shall
consolidate and integrate into the current Academy curriculum a
course on incident command training for fire service personnel
for fighting fires at United States ports and in marine
environments, including fires on the water and aboard vessels.
Such course shall not relate to border and port security.
SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES.
(a) Incident Reporting System Database.--Section 9 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2208) is amended by adding at the end the following new
subsection:
``(d) National Fire Incident Reporting System Update.--Of the
amounts made available pursuant to subparagraphs (E), (F), and
(G) of section 17(g)(1), the Administrator shall use no more
than an aggregate amount of $5,000,000 during the 3-year period
consisting of fiscal years 2009, 2010, and 2011 to carry out
activities necessary to update the National Fire Incident
Reporting system to an Internet-based, real-time incident
reporting database, including capital investment, contractor
engagement, and user education.''.
(b) Technical Correction.--Section 9(b)(2) of such Act (15
U.S.C. 2208(b)(2)) is amended by striking ``assist State,'' and
inserting ``assist Federal, State,''.
SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND DISSEMINATION.
(a) Assistance to Fire Services for Fire Prevention and
Control in Wildland-Urban Interface.--Section 8(d) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2207(d)) is amended--
(1) by striking ``Rural Assistance'' in the heading
and inserting ``Rural and Wildland-Urban Interface
Assistance'';
(2) by striking ``The Administrator'' and inserting
``(1) The Administrator''; and
(3) by adding at the end the following new paragraph:
``(2) The Administrator is authorized to assist the Nation's
fire services, directly or through contracts, grants, or other
forms of assistance, for activities and equipment to improve
fire prevention and control in the wildland-urban interface.''.
(b) Dissemination.--Section 8 of such Act (15 U.S.C. 2207) is
amended by adding at the end the following new subsection:
``(h) Dissemination.--Beginning 1 year after the date of the
enactment of the United States Fire Administration
Reauthorization Act of 2008, the Administrator, in
collaboration with the relevant departments and agencies of the
Federal Government, shall make available to the public
information regarding United States Fire Administration funded
activities to advance new knowledge and best practices in
firefighting, through a regularly updated Internet database.''.
SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND
SAFETY.
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 new section:
``SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND
SAFETY.
``The Administrator shall promote adoption by fire services
of national voluntary consensus standards for firefighter
health and safety, including such standards for firefighter
operations, training, staffing, and fitness, by educating fire
services about such standards, encouraging the adoption at all
levels of government of such standards, and making
recommendations on other ways in which the Federal government
can promote the adoption of such standards by fire services.''.
SEC. 8. COORDINATION REGARDING FIRE SERVICE-BASED EMERGENCY MEDICAL
SERVICES.
(a) In General.--Section 21(e) of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2218(e)) is amended to read
as follows:
``(e) Coordination.--
``(1) In general.--To the extent practicable, the
Administrator shall utilize existing programs, data,
information, and facilities already available in other
Federal Government departments and agencies and, where
appropriate, existing research organizations, centers,
and universities.
``(2) Coordination of fire prevention and control
programs.--The Administrator shall provide liaison at
an appropriate organizational level to assure
coordination of the Administrator's activities with
State and local government agencies, departments,
bureaus, or offices concerned with any matter related
to programs of fire prevention and control with private
and other Federal organizations and offices so
concerned.
``(3) Coordination of fire service-based emergency
medical services programs.--The Administrator shall
provide liaison at an appropriate organizational level
to assure coordination of the Administrator's
activities with State and local government agencies,
departments, bureaus, or offices concerned with
programs related to emergency medical services provided
by fire service-based systems with private and other
Federal organizations and offices so concerned.''.
(b) Fire Service-Based Emergency Medical Services Best
Practices.--Section 8(c) of such Act (15 U.S.C. 2207(c)) is
amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following
new paragraph:
``(2) The Administrator is authorized to conduct, directly or
through contracts or grants, studies of the operations and
management aspects of fire service-based emergency medical
services and coordination between emergency medical services
and fire services. Such studies may include the optimum
protocols for on-scene care, the allocation of resources, and
the training requirements for fire service-based emergency
medical services.''.
SEC. 9. DEFINITIONS.
Section 4 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2203) is amended--
(1) in paragraph (3), by striking ``Administration''
and inserting ``Administration, who is the Assistant
Administrator of the Federal Emergency Management
Agency'';
(2) in paragraph (7), by striking ``and'' after the
semicolon;
(3) in paragraph (8), by striking the period at the
end and inserting ``; and'';
(4) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively;
(5) by inserting after paragraph (5) the following
new paragraph:
``(6) `hazardous materials' has the meaning given
such term in section 5102(2) of title 49, United States
Code;''; and
(6) by adding at the end the following new paragraph:
``(10) `wildland-urban interface' has the meaning
given such term in section 101(16) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6511(16)).''.
PART B: TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Pascrell of New Jersey,
or His Designee, Debatable for 10 Minutes
Page 3, strike lines 23 through 25 and insert the following
new paragraph:
(1) by amending subparagraph (H) to read as follows:
``(H) response, tactics, and strategies for
dealing with national catastrophes, including
terrorist-caused national catastrophes and
incidents that involve weapons of mass
destruction;'';
----------
2. An Amendment To Be Offered by Representative Sali of Idaho, or His
Designee, Debatable for 10 Minutes
Page 9, line 24, strike ``section'' and insert ``sections''.
Page 10, after line 11, insert the following:
``SEC. 38. TRAINING AGENCIES ON IMPORTANCE OF CLEARING BIOMASS IN
WILDLAND AREAS TO PROMOTE FIREFIGHTER SAFETY.
``In collaboration with the relevant departments and agencies
of the Federal Government, the Administrator shall develop and
provide information and training to relevant departments and
agencies of the Federal Government on the importance of
clearing biomass in wildland areas of Federal lands to promote
the safety of firefighters.''.
----------
3. An Amendment To Be Offered by Representative Langevin of Rhode
Island, or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 10. SUPPORTING THE ADOPTION OF FIRE SPRINKLERS.
Congress supports the recommendations of the United States
Fire Administration regarding the adoption of fire sprinklers
in commercial buildings and educational programs to raise
awareness of the importance of installing fire sprinklers in
residential buildings.