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Empowering the U.S. Fire Administration Act

Summary

House Report 117–309 is the report of the Committee on Science, Space, and Technology, submitted by Ms. Johnson of Texas and ordered to be printed May 6, 2022, on H.R. 7077, the Empowering the U.S. Fire Administration Act. The Committee reports favorably, with an amendment, the bill to require the United States Fire Administration to conduct on-site investigations of major fires, and recommends that it do pass. Its contents list the amendment, purpose, background and need, hearings, committee consideration and votes, a summary of major provisions, a section-by-section analysis, cost estimates and the changes in existing law. The amendment text begins with the short title.

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Crpt Crpt 117Hrpt309 Crpt 117Hrpt309
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“Empowering the U.S. Fire Administration Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt309-crpt-117hrpt309/, SHA-256 7f1223d1e0eb785750e68cdece255cc08384bf4b465fffaffb7017569e10d7c3.

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                                                                               117TH CONGRESS                                                                                        REPORT
                                                                                              " HOUSE OF REPRESENTATIVES                                                     !
                                                                                  2d Session                                                                                         117–309




                                                                                      EMPOWERING THE U.S. FIRE ADMINISTRATION ACT



                                                                                MAY 6, 2022.—Committed to the Committee of the Whole House on the State of the
                                                                                                      Union and ordered to be printed




                                                                                Ms. JOHNSON of Texas, from the Committee on Science, Space, and
                                                                                             Technology, submitted the following


                                                                                                                              R E P O R T
                                                                                                                          [To accompany H.R. 7077]

                                                                                 The Committee on Science, Space, and Technology, to whom was
                                                                               referred the bill (H.R. 7077) to require the United States Fire Ad-
                                                                               ministration to conduct on-site investigations of major fires, and for
                                                                               other purposes, having considered the same, reports favorably
                                                                               thereon with an amendment and recommends that the bill as
                                                                               amended do pass.
                                                                                                                                    CONTENTS
                                                                                                                                                                                                      Page
                                                                                     I. Amendment .................................................................................................     1
                                                                                    II. Purpose of the Bill ......................................................................................      2
                                                                                   III. Background and Need for the Legislation ................................................                        2
                                                                                   IV. Committee Hearings ...................................................................................           3
                                                                                    V. Committee Consideration and Votes .........................................................                      3
                                                                                   VI. Summary of Major Provisions of the Bill ..................................................                       4
                                                                                  VII. Section-by-Section Analysis (by Title and Section) ..................................                            4
                                                                                 VIII. Committee Views ........................................................................................         4
                                                                                   IX. Cost Estimate ..............................................................................................     4
                                                                                    X. Congressional Budget Office Cost Estimate .............................................                          4
                                                                                   XI. Compliance with Public Law 104–4 (Unfunded Mandates) ....................                                        4
                                                                                  XII. Committee Oversight Findings and Recommendations ...........................                                     4
                                                                                 XIII. Statement on General Performance Goals and Objectives ......................                                     5
                                                                                  XIV. Federal Advisory Committee Statement ...................................................                         5
                                                                                   XV. Duplication of Federal Programs ...............................................................                  5
                                                                                  XVI. Earmark Identification ...............................................................................           5
                                                                                 XVII. Applicability to the Legislative Branch .....................................................                    5
                                                                                XVIII. Statement on Preemption of State, Local, or Tribal Law ........................                                  5
                                                                                  XIX. Changes in Existing Law Made by the Bill, As Reported .......................                                    5
                                                                                   XX. Proceedings of Full Committee Markup ....................................................                        7

                                                                                                                                I. AMENDMENT




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                                                                                     The amendment is as follows:
                                                                                      29–006




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                                                                                     Strike out all after the enacting clause and insert the following:
                                                                               SECTION 1. SHORT TITLE.
                                                                                     This Act may be cited as the ‘‘Empowering the U.S. Fire Administration Act’’.
                                                                               SEC. 2. FIRE INVESTIGATIONS.
                                                                                The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is
                                                                               amended by adding at the end the following:
                                                                               ‘‘SEC. 38. INVESTIGATION AUTHORITIES.
                                                                                  ‘‘(a) IN GENERAL.—In the case of any major fire, the Administrator may send inci-
                                                                               dent 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 an investigation as described in subsection (b).
                                                                                  ‘‘(b) INVESTIGATION REQUIRED.—A fire investigation conducted under this sec-
                                                                               tion—
                                                                                         ‘‘(1) shall be conducted in coordination and cooperation with appropriate Fed-
                                                                                      eral, State, and local authorities, including Federal agencies that are authorized
                                                                                      to investigate a major fire or an incident of which the major fire is a part; and
                                                                                         ‘‘(2) shall examine the determined cause and origin of the fire and assess
                                                                                      broader systematic matters to include use of codes and standards, demo-
                                                                                      graphics, structural characteristics, smoke and fire dynamics (movement) dur-
                                                                                      ing the event, and costs of associated injuries and deaths.
                                                                                  ‘‘(c) REPORT.—Upon concluding any fire investigation under this section, the Ad-
                                                                               ministrator shall issue a public report to local, State, and Federal authorities on the
                                                                               findings of such investigation, or collaborate with another investigating Federal
                                                                               agency on that agency’s report, including recommendations on—
                                                                                         ‘‘(1) any other buildings with similar characteristics that may bear similar fire
                                                                                      risks;
                                                                                         ‘‘(2) improving tactical response to similar fires;
                                                                                         ‘‘(3) improving civilian safety practices;
                                                                                         ‘‘(4) assessing the costs and benefits to the community of adding fire safety
                                                                                      features; and
                                                                                         ‘‘(5) how to mitigate the causes of such fire.
                                                                                  ‘‘(d) DISCRETIONARY AUTHORITY.—In addition to investigations conducted pursu-
                                                                               ant to subsection (a), the Administrator may send fire investigators to conduct in-
                                                                               vestigations 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
                                                                               with appropriate Federal, State, and local authorities, including Federal agencies
                                                                               that are authorized to investigate a major fire or an incident of which the major
                                                                               fire is a part.
                                                                                  ‘‘(e) 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 Adminis-
                                                                               trator.’’.

                                                                                                                 II. PURPOSE OF THE BILL
                                                                                The purpose of the bill is to require the United States Fire Ad-
                                                                               ministration to conduct on-site investigations of major fires.
                                                                                              III. BACKGROUND AND NEED FOR THE LEGISLATION
                                                                                  The U.S. Fire Administration (USFA) is an entity of the U.S. De-
                                                                               partment of Homeland Security’s Federal Emergency Management
                                                                               Agency (FEMA). The mission of the U.S. Fire Administration is to
                                                                               support and strengthen fire and emergency medical services and
                                                                               stakeholders and to prepare for, prevent, mitigate and respond to
                                                                               all hazards.
                                                                                  The U.S. Fire Administration currently does not have the author-
                                                                               ity to conduct on-site investigations of major fires. As a result,
                                                                               USFA is limited in its ability to fully utilize its expertise following
                                                                               major fires in coordination with local, State and other Federal au-




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                                                                               thorities.
                                                                                  According to FEMA, between 2017–2019, an estimated 368,500
                                                                               residential building fires were reported to fire departments within




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                                                                               the U.S. each year. These fires caused an estimated 2,770 deaths,
                                                                               11,650 injuries and 8.1 billion dollars in property loss.
                                                                                                               IV. COMMITTEE HEARINGS
                                                                                  Pursuant House rule XIII clause 3(c)(6), the Committee des-
                                                                               ignates the following hearings as having been used to develop or
                                                                               consider the legislation:
                                                                                  On June 29, 2021, the Committee on Science, Space, and Tech-
                                                                               nology held a hearing entitled ‘‘The State of Federal Wildland Fire
                                                                               Science: Examining Opportunities for Further Research and Co-
                                                                               ordination.’’ The purpose of the hearing was to discuss the current
                                                                               state of wildland fire research, with a focus on how to improve un-
                                                                               derstanding of on the ground conditions as well as to examine re-
                                                                               search gaps and additional federal coordination, investment and
                                                                               engagement needed to improve wildland fire prediction, manage-
                                                                               ment, and post-fire response. The hearing witnesses included Dr.
                                                                               Craig Clements, Professor of Meteorology and Director of the Wild-
                                                                               fire Interdisciplinary Research Center, San José State University;
                                                                               Dr. Jessica McCarty, Assistant Professor of Geography and Direc-
                                                                               tor of the Geospatial Analysis Center, Miami University; Mr.
                                                                               George Geissler, State Forester and Deputy, Wildland Fire and
                                                                               Forest Health and Resiliency, Washington Department of Natural
                                                                               Resources; and Fire Chief Erik Litzenberg (Ret.), Chair, Wildland
                                                                               Fire Policy Committee, International Association of Fire Chiefs.
                                                                                  On June 12, 2020, the Committee on Science, Space, and Tech-
                                                                               nology held a hearing entitled ‘‘The Role of AFG and SAFER
                                                                               Grants in COVID–19 Response.’’ The purpose of the hearing was
                                                                               to discuss the impact of COVID–19 on the fire service community,
                                                                               to examine the implementation of supplemental funding for the As-
                                                                               sistance to Firefighters Grant (AFG) program provided under the
                                                                               CARES Act, and to explore the need for additional funding and
                                                                               temporary administrative changes to the AFG and Staffing for Ade-
                                                                               quate Fire and Emergency Response (SAFER) grant program in
                                                                               order to expedite assistance to fire departments for personal protec-
                                                                               tive equipment, staffing, and other needs. The hearing witnesses
                                                                               included Chief Gary Ludwig, President and Chairman of the Board,
                                                                               International Association of Fire Chiefs; Mr. Roy L. ‘‘Sandy’’
                                                                               McGhee, III, District 11 Vice President, International Association
                                                                               of Fire Fighters; and Mr. Steve Hirsch, Chair, National Volunteer
                                                                               Fire Council.
                                                                                                   V. COMMITTEE CONSIDERATION AND VOTES
                                                                                 On March 15, 2022, Representatives Ritchie Torres, Haley Ste-
                                                                               vens, Peter Meijer, and Anthony Gonzalez introduced H.R. 7077,
                                                                               the Empowering the U.S. Fire Administration Act. The bill was re-
                                                                               ferred to the House Committee on Science, Space, and Technology.
                                                                                 On April 5, 2022, the Full Committee on Science, Space, and
                                                                               Technology met to consider the bill. Mr. Posey offered an amend-
                                                                               ment to ensure the U.S. Fire Administration coordinates and co-
                                                                               operates with Federal, State, and local authorities. The amendment
                                                                               was agreed to on a voice vote. The Chair moved that the Committee




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                                                                               favorably report H.R. 7077, as amended, to the House with the rec-
                                                                               ommendation that the bill be approved. The motion was agreed to
                                                                               by a voice vote.




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                                                                                              VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL
                                                                                  Authorizes the U.S. Fire Administration to send incident inves-
                                                                               tigators to the site of a major fire to conduct an investigation, in
                                                                               coordination and cooperation with Federal, State, and local authori-
                                                                               ties. Requires the U.S. Fire Administration to issue a public report
                                                                               on the findings and recommendations from the investigation. Au-
                                                                               thorizes USFA to investigate fires with losses less severe than a
                                                                               major fire.
                                                                                      VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION)
                                                                               Section 1. Short title
                                                                               Section 2.
                                                                                  Amends the Federal Fire Prevention and Control Act of 1974 to
                                                                               authorize the USFA Administrator to send incident investigators to
                                                                               the site of a major fire to conduct an investigation. Details the spe-
                                                                               cifics of USFA’s investigational authorities. Requires USFA to issue
                                                                               a public report, to local, State, and Federal authorities, on the find-
                                                                               ings of the investigation and recommendations generated by the in-
                                                                               vestigation. Authorizes the U.S. Fire Administration to send inves-
                                                                               tigators to conduct investigations of fires with unusual or remark-
                                                                               able characteristics resulting in losses less severe than a major fire,
                                                                               in coordination with other Federal agencies. Defines the term
                                                                               ‘‘major fire.’’
                                                                                                                 VIII. COMMITTEE VIEWS
                                                                                  The intent of this legislation is to allow the U.S. Fire Adminis-
                                                                               tration to fully leverage its unique expertise to contribute to what
                                                                               can be learned from major fires to help strengthen prevention mov-
                                                                               ing forward. The Committee intends that the U.S. Fire Administra-
                                                                               tion work in coordination and cooperation with Federal, State, and
                                                                               local authorities to conduct an investigation.
                                                                                                                    IX. COST ESTIMATE
                                                                                 Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
                                                                               of Representatives, the Committee adopts as its own the estimate
                                                                               of new budget authority, entitlement authority, or tax expenditures
                                                                               or revenues contained in the cost estimate prepared by the Director
                                                                               of the Congressional Budget Office pursuant to section 402 of the
                                                                               Congressional Budget Act of 1974.
                                                                                            X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
                                                                                     No Cost Estimate available at time of filing.
                                                                                                        XI. FEDERAL MANDATES STATEMENT
                                                                                     H.R. 7077 contains no unfunded mandates.
                                                                                     XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS




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                                                                                  The Committee’s oversight findings and recommendations are re-
                                                                               flected in the body of this report.




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                                                                                        XIII. STATEMENT ON GENERAL PERFORMANCE GOALS AND
                                                                                                            OBJECTIVES
                                                                                 The goals and objectives of H.R. 7077 are to authorize the U.S.
                                                                               Fire Administration to send incident investigators to the site of a
                                                                               major fire to conduct an investigation in coordination with Federal,
                                                                               State and local authorities; to require the U.S. Fire Administration
                                                                               to issue a public report to local, State, and Federal authorities; and
                                                                               to authorize the U.S. Fire Administration to send investigators to
                                                                               conduct an investigation of fires with unusual or remarkable char-
                                                                               acteristics resulting in losses less severe than a major fire in co-
                                                                               ordination with other Federal agencies.
                                                                                               XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
                                                                                     H.R. 7077 does not create any advisory committees.
                                                                                                    XV. DUPLICATION OF FEDERAL PROGRAMS
                                                                                 Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
                                                                               of Representatives, the Committee finds that no provision of H.R.
                                                                               7077 establishes or reauthorizes a program of the federal govern-
                                                                               ment known to be duplicative of another federal program, including
                                                                               any program that was included in a report to Congress pursuant
                                                                               to section 21 of Public Law 111–139 or the most recent Catalog of
                                                                               Federal Domestic Assistance.
                                                                                                             XVI. EARMARK IDENTIFICATION
                                                                                  Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the Committee
                                                                               finds that H.R. 7077 contains no earmarks, limited tax benefits, or
                                                                               limited tariff benefits.
                                                                                               XVII. APPLICABILITY TO THE LEGISLATIVE BRANCH
                                                                                 The Committee finds that H.R. 7077 does not relate to the terms
                                                                               and conditions of employment or access to public services or accom-
                                                                               modations within the meaning of section 102(b)(3) of the Congres-
                                                                               sional Accountability Act (Public Law 104–1).
                                                                                     XVIII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL
                                                                                                               LAW
                                                                                     This bill is not intended to preempt any state, local, or tribal law.
                                                                                 XIX. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
                                                                                 In compliance with clause 3(e) of rule XIII of the Rules of the
                                                                               House of Representatives, changes in existing law made by the bill,
                                                                               as reported, are shown as follows (new matter is printed in italics
                                                                               and existing law in which no change is proposed is shown in
                                                                               roman):

                                                                                     FEDERAL FIRE PREVENTION AND CONTROL ACT OF
                                                                                                        1974




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                                                                               SEC. 38. INVESTIGATION AUTHORITIES.
                                                                                 (a) IN GENERAL.—In the case of any major fire, the Administrator
                                                                               may send incident investigators, which may include safety special-
                                                                               ists, fire protection engineers, codes and standards experts, research-
                                                                               ers, and fire training specialists, to the site of the fire to conduct an
                                                                               investigation as described in subsection (b).
                                                                                  (b) INVESTIGATION REQUIRED.—A fire investigation conducted
                                                                               under this section—
                                                                                       (1) shall be conducted in coordination and cooperation with
                                                                                     appropriate Federal, State, and local authorities, including
                                                                                     Federal agencies that are authorized to investigate a major fire
                                                                                     or an incident of which the major fire is a part; and
                                                                                       (2) shall examine the 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 as-
                                                                                     sociated injuries and deaths.
                                                                                  (c) REPORT.—Upon concluding any fire investigation under this
                                                                               section, the Administrator shall issue a public report to local, State,
                                                                               and Federal authorities on the findings of such investigation, or col-
                                                                               laborate with another investigating Federal agency on that agency’s
                                                                               report, including recommendations on—
                                                                                       (1) any other buildings with similar characteristics that may
                                                                                     bear similar fire risks;
                                                                                       (2) improving tactical response to similar fires;
                                                                                       (3) improving civilian safety practices;
                                                                                       (4) assessing the costs and benefits to the community of add-
                                                                                     ing fire safety features; and
                                                                                       (5) how to mitigate the causes of such fire.
                                                                                  (d) DISCRETIONARY AUTHORITY.—In addition to investigations
                                                                               conducted pursuant to subsection (a), the Administrator may send
                                                                               fire investigators to conduct investigations 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
                                                                               with appropriate Federal, State, and local authorities, including
                                                                               Federal agencies that are authorized to investigate a major fire or
                                                                               an incident of which the major fire is a part.
                                                                                  (e) MAJOR FIRE DEFINED.—For purposes of this section, the term
                                                                               ‘‘major fire’’ shall have the meaning given such term under regula-
                                                                               tions to be issued by the Administrator.




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                                                                                     XX. PROCEEDINGS OF THE FULL COMMITTEE MARKUP

                                                                                     MARKUPS: H.R. 3588, MATHEMATICAL AND
                                                                                      STATISTICAL MODELING EDUCATION ACT;
                                                                                      H.R. 3952, NOAA CHIEF SCIENTIST ACT; H.R.
                                                                                      6845,   COMMERCIAL    REMOTE    SENSING
                                                                                      AMENDMENT ACT OF 2022; H.R. 6933, COST-
                                                                                      SHARE ACCOUNTABILITY ACT OF 2022; H.R.
                                                                                      7077, EMPOWERING THE U.S. FIRE ADMINIS-
                                                                                      TRATION ACT


                                                                                                                     MARKUP
                                                                                                                           BEFORE THE


                                                                                             COMMITTEE ON SCIENCE, SPACE,
                                                                                                  AND TECHNOLOGY
                                                                                                                              OF THE

                                                                                                  HOUSE OF REPRESENTATIVES
                                                                                                  ONE HUNDRED SEVENTEENTH CONGRESS
                                                                                                                         SECOND SESSION


                                                                                                                          APRIL 5, 2022


                                                                                                               Serial No. CP: 117-11


                                                                                         Printed for the use of the Committee on Science, Space, and Technology




                                                                                                  Available via the World Wide Web: http://science.house.gov




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                                                                                                             U.S. GOVERNMENT PUBLISHING OFFICE
                                                                                                                         WASHINGTON : 2022




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                                                                                                    COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY
                                                                                                     HON. EDDIE BERNICE JOHNSON, Texas, Chairwoman
                                                                                     ZOE LOFGREN, California               FRANK LUCAS, Oklahoma,
                                                                                     SUZANNE BONAMICI, Oregon                Ranking Member
                                                                                     AMI BERA, California                  MO BROOKS, Alabama
                                                                                     HALEY STEVENS, Michigan,              BILL POSEY, Florida
                                                                                       Vice Chair                          RANDY WEBER, Texas
                                                                                     MIKIE SHERRILL, New Jersey            BRIAN BABIN, Texas
                                                                                     JAMAAL BOWMAN, New York               ANTHONY GONZALEZ, Ohio
                                                                                     MELANIE A. STANSBURY, New Mexico      MICHAEL WALTZ, Florida
                                                                                     BRAD SHERMAN, California              JAMES R. BAIRD, Indiana
                                                                                     ED PERLMUTTER, Colorado               DANIEL WEBSTER, Florida
                                                                                     JERRY McNERNEY, California            MIKE GARCIA, California
                                                                                     PAUL TONKO, New York                  STEPHANIE I. BICE, Oklahoma
                                                                                     BILL FOSTER, Illinois                 YOUNG KIM, California
                                                                                     DONALD NORCROSS, New Jersey           RANDY FEENSTRA, Iowa
                                                                                     DON BEYER, Virginia                   JAKE LATURNER, Kansas
                                                                                     CHARLIE CRIST, Florida                CARLOS A. GIMENEZ, Florida
                                                                                     SEAN CASTEN, Illinois                 JAY OBERNOLTE, California
                                                                                     CONOR LAJ\,1B, Pennsylvania           PETER MEIJER, Michigan
                                                                                     DEBORAH ROSS, North Carolina          JAKE ELLZEY, TEXAS
                                                                                     GWEN MOORE, Wisconsin                 MIKE CAREY, OHIO
                                                                                     DAN KILDEE, Michigan
                                                                                     SUSAN WILD, Pennsylvania
                                                                                     LIZZIE FLETCHER, Texas




                                                                                                                                (II)




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                                                                                                                             CONTENTS
                                                                                                                                              Tuesday, April 5, 2022
                                                                                                                                                                                                                                     Page
                                                                                     H.R. 6845-Commercial Remote Sensing Amendment Act of 2022 .. ......... ..........                                                                     8
                                                                                     H.R. 3952-NOAA Chief Scientist Act ...................................................................                                               17
                                                                                     H.R. 7077-Empowering the U.S. Fire Administration Act .................................                                                              44
                                                                                     H.R. 3588-Mathematical and Statistical Modeling Education Act ....................                                                                   52
                                                                                     H.R. 6933-Cost-Share Accountability Act of 2022 ...............................................                                                      70

                                                                                                                                          Amendment Roster
                                                                                                       H.R. 6845, the Commercial Remote Sensing Amendment Act of 2022
                                                                                      Amendment                                                                                                                                    Page
                                                                                       number
                                                                                                                        Sponsor                                                    Summary                                        number

                                                                                                   l    Mr. Beyer ................................    Makes technical corrections based on agency feedback and                             14
                                                                                                                                                        retains a sunset date to provide for updates to annual
                                                                                                                                                        report.


                                                                                                                                H.R. 3952, the NOAA Chief Scientist Act
                                                                                       Amendment                                                                                                                                   Page
                                                                                                                        Sponsor                                                    Summary                                        number
                                                                                        number

                                                                                                     Ms. Sherrill ............................. Amendment in the Nature of a Substitute ............................ .                     28
                                                                                                     Ms. Moore ............................... Adds Tribal Communities ........................................................            37
                                                                                                     Mr. Posey ................................ Allows the NOAA Administrator to select any person for the                                 39
                                                                                                                                                   position of Chief Scientist if the Administrator deter-
                                                                                                                                                   mines they are qualified to serve in such position.
                                                                                                   4 Mr. Casten ....................... .       Keeps current NOAA Chief Scientist in role before next ap-                                 41
                                                                                                                                                    pointment..


                                                                                                             H.R. 7077, the Empowering the U.S. Fire Administration Act
                                                                                       Amendment                                                                                                                                   Page
                                                                                                                         Sponsor                                                   Summary                                        number
                                                                                        number

                                                                                                   l     Mr. Posey ................................   Ensures the U.S. Fire Administration coordinates and co-                             50
                                                                                                                                                        operates with Federal, State, and local authorities ..




                                                                                                                                                                (III)




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                                                                                       H.R. 6845, COMMERCIAL REMOTE SENSING
                                                                                                AMENDMENT ACT OF 2022

                                                                                           H.R. 3952, NOAA CHIEF SCIENTIST ACT

                                                                                           H.R. 7077, EMPOWERING THE U.S. FIRE
                                                                                                   ADMINISTRATION ACT

                                                                                     H.R. 3588, MATHEMATICAL AND STATISTICAL
                                                                                              MODELING EDUCATIONACT

                                                                                     H.R. 6933, COST-SHARE ACCOUNTABILITY ACT
                                                                                                       OF 2022

                                                                                                                 TUESDAY, APRIL 5, 2022
                                                                                                              HOUSE OF REPRESENTATIVES,
                                                                                                   COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY,
                                                                                                                                       Washington, D.C.
                                                                                        The Committee met, pursuant to notice, at 10:04 a.m., in room
                                                                                     2318 of the Rayburn House Office Building, Hon. Eddie Bernice
                                                                                     Johnson [Chairwoman of the Committee] presiding.
                                                                                        Chairwoman JOHNSON. Thank you very much, and good morning
                                                                                     to everyone. The Committee will come to order. And without objec-
                                                                                     tion, the Chair is authorized to declare a recess at any time.
                                                                                        Pursuant to Committee rule, the House rule XI, the Chair an-
                                                                                     nounces that she may postpone roll call votes.
                                                                                        Today, the Committee is meeting both in person and virtually. I
                                                                                     want to announce a couple reminders to the Members about the
                                                                                     conduct of the hearing. First, the Members and staff who are at-
                                                                                     tending in person may choose to be masked, but it is not a require-
                                                                                     ment. However, any individuals with symptoms or a positive test
                                                                                     or exposure to someone with COVID-19 should wear a mask while
                                                                                     present.
                                                                                        Members who are attending virtually should keep their video
                                                                                     feed on as long as they are present in the hearing. Members are
                                                                                     responsible for their own microphones. And please also keep your
                                                                                     microphones muted until you are speaking.
                                                                                                                                     (1)




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                                                                                        Finally, if Members have documents they wish to submit to the
                                                                                     record, please email them to the Committee Clerk, whose email ad-
                                                                                     dress was circulated prior to the meeting.
                                                                                        Pursuant to notice, the Committee meets to consider the fol-
                                                                                     lowing measures: R.R. 6845, the Commercial Remote Sensing
                                                                                     Amendment Act of 2022; R.R. 3952, the NOAA Chief Scientist Act;
                                                                                     R.R. 7077, Empowering the U.S. Fire Administration Act; R.R.
                                                                                     3588, the Mathematical and Statistical Modeling and Education
                                                                                     Act; and finally, R.R. 6933, the Cost-Share Accountability Act of
                                                                                     2022. Thank you very much.
                                                                                        Welcome to today's markup of five bipartisan bills. The first bill
                                                                                     we consider is R.R. 6845, the Commercial Remote Sensing Amend-
                                                                                     ment Act of 2022, which was introduced by Ranking Member Lucas
                                                                                     and Mr. Perlmutter. This bill would amend current statute to pro-
                                                                                     vide for more transparency in the U.S. commercial space remote
                                                                                     sensing licensing process. R.R. 6845 helps provide this Committee
                                                                                     and the Congress with the necessary information to carry out its
                                                                                     oversight function and to monitor the implementation of regula-
                                                                                     tions of the U.S. commercial remote sensing industry, including
                                                                                     any impacts on the industry's competitiveness. R.R. 6845 is a good-
                                                                                     government bill and helps to ensure transparency in the licensing
                                                                                     of commercial remote sensing systems.
                                                                                        Next, we will consider H.R. 3952, the NOAA Chief Scientist Act.
                                                                                     I want to thank our Environment Subcommittee Chairwoman
                                                                                     Mikie Sherrill for introducing this bipartisan legislation along with
                                                                                     Research Subcommittee Ranking Member Randy Feenstra. This
                                                                                     legislation sets strong scientific qualifications for the Chief Sci-
                                                                                     entist position. The bill outlines additional responsibilities of the
                                                                                     Chief Scientist in NOAA (National Oceanic and Atmospheric Ad-
                                                                                     ministration). It is-it also elevates the importance of the Chief
                                                                                     Scientist and his or her role in upholding scientific integrity and
                                                                                     advancing science and technology at the agency. And finally, the
                                                                                     bill establishes an Office of the Chief Scientist, as well as the posi-
                                                                                     tion of Deputy Chief Scientist. I support the passage of this NOAA
                                                                                     Chief Scientist Act and urge my colleagues to do the same.
                                                                                        The next bill we have to mark up is H.R. 7077, Empowering the
                                                                                     U.S. Fire Administration Act, sponsored by Representative Ritchie
                                                                                     Torres and cosponsored by several Members of the Committee. This
                                                                                     bipartisan bill authorizes the U.S. Fire Administration (USFA) to
                                                                                     conduct onsite investigations of major fires. Despite advances in
                                                                                     fire codes, loss of life from building fires still occurs far too fre-
                                                                                     quently. A tragic fire in Representative Torres' New York district
                                                                                     in January claimed seventeen victims, including eight children.
                                                                                     This bill would help bring to bear the expertise of the U.S. Fire Ad-
                                                                                     ministration following major fires to contribute to what we can
                                                                                     learn from these fires and how we can prevent them from occurring
                                                                                     in the future. I urge my colleagues to support this important bill.
                                                                                        I want to thank Representatives Houlahan and Baird for spon-
                                                                                     soring our next bill, R.R. 3588, the Mathematical and Statistical
                                                                                     Modeling Education Act. Improving access to high-quality STEM
                                                                                     (science, technology, engineering, and mathematics) education re-
                                                                                     mains a top priority for this Committee. Every two years the Na-
                                                                                     tional Assessment of Education Progress reminds us that we're-




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                                                                                                                                     3
                                                                                     tion's students. This bill will advance innovations to incorporate
                                                                                     mathematical modeling across K through twelve curricula and
                                                                                     ground those lessons in a real-world context. This will empower
                                                                                     students to see mathematics as a tool they can use to solve the
                                                                                     problems they see in their communities. We know this both in-
                                                                                     creases learning and inspires more students to pursue STEM ca-
                                                                                     reers. I urge my colleagues to support this important bill.
                                                                                        Finally, we will consider H.R. 6933, the Cost-Share Account-
                                                                                     ability Act of 2022, which was introduced by Investigations and
                                                                                     Oversight Subcommittee Ranking Member Mr. Obernolte and
                                                                                     Chairman Foster. This is a commonsense bill to ensure that Con-
                                                                                     gress is kept informed about instances where cost-share require-
                                                                                     ments at the Department of Energy (DOE) are reduced or elimi-
                                                                                     nated. This is a straightforward, good-government bill, and I sup-
                                                                                     port its passage.
                                                                                        I look forward to a productive markup today, and I hope to be
                                                                                     back in the hearing room very soon. I must tell you that my sur-
                                                                                     gery and rehabilitation is going very well, but now I am going to
                                                                                     pass the gavel to Ms. Lofgren, our distinguished Vice Chair-ex-
                                                                                     cuse me, to chair the remainder of this markup. Thank you, Chair-
                                                                                     woman.
                                                                                        [The prepared statement of Chairwoman Johnson follows:]
                                                                                        Welcome to today's markup of five bipartisan bills.
                                                                                        The first bill we will consider is H.R. 6845, the Commercial Remote Sensing
                                                                                     Amendment Act of 2022, which was introduced by Ranking Member Lucas and Mr.
                                                                                     Perlmutter. This bill would amend current statute to provide for more transparency
                                                                                     in the U.S. commercial space remote sensing licensing process. H.R. 6845 helps pro-
                                                                                     vide this Committee and Congress with the necessary information to carry out its
                                                                                     oversight function and to monitor the implementation of regulations on the U.S.
                                                                                     commercial remote sensing industry, including any impacts on the industry's com-
                                                                                     petitiveness.
                                                                                        H.R. 6845 is a good-government bill and helps ensure transparency in the licens-
                                                                                     ing of commercial remote sensing systems.
                                                                                        Next, we will consider H.R. 3952, the NOAA Chief Scientist Act. I want to thank
                                                                                     our Environment Subcommittee Chairwoman Mikie Sherrill for introducing this bi-
                                                                                     partisan legislation alongside Research Subcommittee Ranking Member Randy
                                                                                     Feenstra. This legislation sets strong scientific qualifications for the Chief Scientist
                                                                                     position. The bill outlines additional responsibilities of the Chief Scientist within
                                                                                     NOAA.
                                                                                        It also elevates the importance of the Chief Scientist and his or her role in uphold-
                                                                                     ing scientific integrity and advancing science and technology at the agency. Finally,
                                                                                     the bill establishes an Office of the Chief Scientist, as well as the position of Deputy
                                                                                     Chief Scientist. I support the passage of the NOAA Chief Scientist Act, .and urge my
                                                                                     colleagues to do the same.
                                                                                        The next bill we are marking up is H.R.7077, the Empowering the U.S. Fire Ad-
                                                                                     ministration Act, sponsored by Representative Ritchie Torres and cosponsored by
                                                                                     several Members of this Committee.
                                                                                        This bipartisan bill authorizes the U.S. Fire Administration to conduct on-site in-
                                                                                     vestigations of major fires. Despite advances in fire codes, loss of life from building
                                                                                     fires still occurs far too frequently. A tragic fire in Representative Torres' New York
                                                                                     district in January claimed 17 victims, including 8 children. This bill would help
                                                                                     bring to bear the expertise of the U.S. Fire Administration following major fires to
                                                                                     contribute to what we can learn from these fires and how we can prevent them from
                                                                                     occurring in the future. I urge my colleagues to support this important bill.
                                                                                        I want to thank Representatives Houlahan and Baird for sponsoring our next bill:
                                                                                     H.R. 3588, the Mathematical and Statistical Modeling Education Act. Improving ac-
                                                                                     cess to high-quality STEM education remains a top priority for this Committee.
                                                                                     Every two years the National Assessment of Education Progress reminds us that
                                                                                     what we're doing now is not working for the majority of our nation's students. This




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                                                                                     bill will advance innovations to incorporate mathematical modeling across K
                                                                                     through 12 curricula and ground those lessons in a real-world context. This will em-




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                                                                                                                                     4
                                                                                     power students to see mathematics as a tool they can use to solve the problems they
                                                                                     see in their communities.
                                                                                       We know this both increases learning and inspires more students to pursue a
                                                                                     STEM career. I urge my colleagues to support this important bill.
                                                                                       Finally, we will consider H.R. 6933, the Cost-Share Accountability Act of 2022,
                                                                                     which was introduced by Investigations and Oversight Subcommittee Ranking Mem-
                                                                                     ber Obernolte and Chairman Foster. This is a common-sense bill to ensure that
                                                                                     Congress is kept informed about instances when cost-share requirements at the De-
                                                                                     partment of Energy are reduced or eliminated. This is a straightforward good gov-
                                                                                     ernment bill, and I support its passage.
                                                                                       I look forward to a productive markup today, and I hope to be back in the hearing
                                                                                     room very soon. But now I am going to pass the gavel over to Ms. Lofgren to chair
                                                                                     the remainder of this markup.
                                                                                        Ms. LOFGREN [presiding]. Thank you, Chairwoman Johnson. And
                                                                                     it's-I'm glad that your recovery is going so well, and I want to
                                                                                     thank you for your opening statement.
                                                                                        I will simply say that I support all of these bipartisan bills today,
                                                                                     and I look forward to a productive markup. And I will place a full
                                                                                     statement in the record. I now recognize the Ranking Member for
                                                                                     any opening remarks he would like to make.
                                                                                        Mr. LUCAS. Thank you, and thank you, Chairwoman Johnson, for
                                                                                     holding today's markup. And I look forward to my colleague being
                                                                                     back at this dais with us in very short time to continue to work
                                                                                     on the Nation's business.
                                                                                        This morning, we will consider five bipartisan bills. These are
                                                                                     what I call workhorse bills instead of show-horse bills, the great ex-
                                                                                     amples of consensus work we can do across the aisle to improve
                                                                                     American science and research.
                                                                                        Our first bill is the Commercial Remote Sensing bill amendment,
                                                                                     which I sponsored, and I'll go into more detail when we consider
                                                                                     the bill. But for now, I'd like to thank Representative Perlmutter
                                                                                     for working with me to support this growing industry.
                                                                                        Next on the docket is a bill to codify the role of Chief Scientist
                                                                                     at NOAA. The Chief Scientist plays an important role at NOAA,
                                                                                     advising the Administrator, providing scientific advice, and leading
                                                                                     scientific integrity efforts. The Chief Scientist has long been a crit-
                                                                                     ical position at NOAA, and this bill simply recognizes the value of
                                                                                     that role by making its current duties and responsibilities law. It
                                                                                     also places a process in place for naming an acting Chief Scientist
                                                                                     when the role is empty. In short, it ensures NOAA and its leader-
                                                                                     ship will continue to receive the best scientific advice as they con-
                                                                                     duct all of NOAA's important missions around environmental and
                                                                                     weather research, monitoring, prediction, and restoration. I'd like
                                                                                     to thank Representative Sherrill for sponsoring this bill and Rep-
                                                                                     resentative Feenstra for leading the Republican side.
                                                                                        Next up is a bill to empower the U.S. Fire Administration. The
                                                                                     Fire Administration is housed within FEMA (Federal Emergency
                                                                                     Management Agency), and it helps to strengthen our ability to pre-
                                                                                     vent and respond to fires through research and education. This bill
                                                                                     will make it easier for the U.S. Fire Administration to provide their
                                                                                     expertise to local authorities by granting it the authority to spend
                                                                                     specialists, researchers, investigators, fire protection engineers to
                                                                                     assist with investigations of major fires. The U.S. Fire Administra-
                                                                                     tion has valuable resources in preventing, responding to, and inves-
                                                                                     tigating fires, and this bill ensures that State and local govern-




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                                                                                     ments can access their knowledge and hopefully prevent major fires




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                                                                                                                                     5

                                                                                     in the future. I want to thank Representative Torres for his work
                                                                                     on this, as well as the original cosponsors from our Committee,
                                                                                     Representative Stevens, Meijer, and Gonzalez.
                                                                                        Following that bill, we'll consider the Mathematical and Statis-
                                                                                     tical Modeling Education Act, which will help improve STEM edu-
                                                                                     cation for U.S. students. Mathematics and statistical modeling is a
                                                                                     skill set with broad applications across all STEM fields and even
                                                                                     the social sciences. Statistical modeling can help us describe past
                                                                                     events, understand current developments, and predict future out-
                                                                                     comes. Teaching advanced modeling will prepare students to work
                                                                                     with complex data sets. That in turn sets us up for more competi-
                                                                                     tive, flexible work force. I'd like to express my appreciation to Rep-
                                                                                     resentative Houlahan and Representative Baird for bringing this
                                                                                     before the Committee.
                                                                                        Finally, we'll consider the Cost-Share Accountability Act. This is
                                                                                     a good-government bill meant to improve accountability and trans-
                                                                                     parency. It requires the Department of Energy to submit reports to
                                                                                     Congress detailing when it has decided to modify or eliminate cost-
                                                                                     sharing requirements for its research, development, demonstration,
                                                                                     and commercial application activities. It doesn't hinder DOE's abil-
                                                                                     ity to modify cost-sharing requirements when necessary. Instead, it
                                                                                     just makes those decisions transparent and publicly available. This
                                                                                     in turn makes it easier for Congress to conduct oversight. It's a
                                                                                     smart policy, and I thank Representative Obernolte for developing
                                                                                     this bill following oversight hearings on this authority last year
                                                                                     and Representative Foster for working across the aisle with him.
                                                                                     I'm looking forward to a relatively quick markup today because of
                                                                                     the bipartisan nature and thorough vetting of each bill under con-
                                                                                     sideration.
                                                                                        With that, I'll end my remarks so we can get back to work.
                                                                                     Thank you, Madam Chair.
                                                                                        [The prepared statement of Mr. Lucas follows:]
                                                                                        Thank you, Chairwoman Johnson, for holding today's markup. This morning we
                                                                                     will consider five bipartisan bills. These are what I'd call workhorse bills instead
                                                                                     of show horse bills. They're great examples of the consensus work we can do across
                                                                                     the aisle to improve American science and research.
                                                                                        Our first bill is the Commercial Remote Sensing Amendment, which I sponsored.
                                                                                     I'll go into more detail when we consider that bill, but for now I'd like to thank Rep.
                                                                                     Perlmutter for working with me to support this growing industry.
                                                                                        Next on the docket is a bill to codify the role of Chief Scientist at NOAA. The
                                                                                     Chief Scientist plays an important role at NOAA, advising the Administrator, pro-
                                                                                     viding scientific advice, and leading scientific integrity efforts. The Chief Scientist
                                                                                     has long been a critical position at NOAA, and this bill simply recognizes the value
                                                                                     of that role by making its current duties and responsibilities law. It also puts a proc-
                                                                                     ess in place for naming an acting Chief Scientist when the role is empty. In short,
                                                                                     it ensures NOAA and its leadership will continue to receive the best scientific advice
                                                                                     as they conduct all ofNOAA's important missions around environmental and weath-
                                                                                     er research, monitoring, prediction, and restoration. I'd like to thank Representative
                                                                                     Sherrill for sponsoring this bill and Representative Feenstra for leading the Repub-
                                                                                     lican side.
                                                                                        Next up is a bill to empower the U.S. Fire Administration. The Fire Administra-
                                                                                     tion is housed within FEMA and it helps strengthen our ability to prevent and re-
                                                                                     spond to fires through research and education. This bill will make it easier for the
                                                                                     U.S. Fire Administration to provide their expertise to local authorities by granting
                                                                                     it the authority to send specialists, researchers, investigators, and fire protection en-
                                                                                     gineers to assist with investigations of major fires. The U.S. Fire Administration has
                                                                                     valuable resources in preventing, responding to, and investigating fires and this bill




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                                                                                     ensures that state and local governments can access their knowledge and • hopefully
                                                                                     - prevent major fires in the future. I'd like to thank Representative Torres for his




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                                                                                                                                    6
                                                                                 work on this, as well as the original cosponsors from our Committee - Representa-
                                                                                 tives Stevens, Meijer, and Gonzalez.
                                                                                    Following that bill, we'll consider the Mathematical and Statistical Modeling Edu-
                                                                                 cation Act, which will help improve STEM education for U.S. students. Mathe-
                                                                                 matical and statistical modeling is a skillset with broad applications across all
                                                                                 STEM fields and even the social sciences. Statistical modeling can help us describe
                                                                                 past events, understand current developments, and predict future outcomes. Teach-
                                                                                 ing advanced modeling will prepare students to work with complex data sets. That
                                                                                 in turn sets us up for a more competitive, flexible workforce. I appreciate Represent-
                                                                                 ative Houlahan and Representative Baird for bringing this before the Committee.
                                                                                    Finally, we'll consider the Cost-Share Accountability Act. This is a good-govern-
                                                                                 ment bill meant to improve accountability and transparency. It requires the Depart-
                                                                                 ment of Energy to submit reports to Congress detailing when it has decided to mod-
                                                                                 ify or eliminate cost- sharing requirements for its research, development, dem-
                                                                                 onstration, and commercial application activities. It doesn't hinder DOE's ability to
                                                                                 modify cost-sharing requirements when necessary - instead, it just makes those de-
                                                                                 cisions transparent and publicly available. This in turn makes it easier for Congress
                                                                                 to conduct oversight. It's smart policy, and I thank Representative Obernolte for de-
                                                                                 veloping this bill following oversight hearings on this authority last year, and Rep-
                                                                                 resentative Foster for working across the aisle with him.
                                                                                    I'm looking forward to a relatively quick markup today because of the bipartisan
                                                                                 nature and thorough vetting of each bill under consideration. With that, I'll end my
                                                                                 remarks so we can get to work.
                                                                                   Ms. LOFGREN. Thank you, Mr. Ranking Member.
                                                                                   Other Members are-may put their opening remarks into the
                                                                                 record.
                                                                                   [The prepared statement of Ms. Lofgren follows:]
                                                                                    Good morning everyone, I'm glad to begin this markup of five bipartisan
                                                                                 bills.Today we will consider H.R. 6845, the Commercial Remote Sensing Amendment
                                                                                 Act of 2022; H.R. 3952, the NOAA Chief Scientist Act; H.R. 7077, the Empowering
                                                                                 the U.S. Fire Administration Act; H.R. 3588, the Mathematical and Statistical Mod-
                                                                                 eling Education Act; and H.R. 6933, the Cost-Share Accountability Act of 2022.
                                                                                    Ranking Member Lucas and Mr. Perlmutter's H.R. 6845, the Commercial Remote
                                                                                 Sensing Amendment Act of 2022, will help to bring more transparency in our U.S.
                                                                                 commercial space remote licensing process. This bill will allow for this Committee
                                                                                 and Congress to carry out it's critical oversight function of the U.S. commercial re-
                                                                                 mote sensing industry and will build transparency in the licensing of these systems.
                                                                                    Up next is H.R. 3952, the NOAA Chief Scientist Act. This legislation was intro-
                                                                                 duced by Chairwoman Mikie Sherrill of the Subcommittee on Environment and Re-
                                                                                 search and Technology Subcommittee Ranking Member Randy Feenstra. This bill
                                                                                 will help shape a strong Chief Scientist position at NOAA, and emphasizes the im-
                                                                                 portance of upholding scientific integrity. The bill also establishes both an Office of
                                                                                 the Chief Scientist and the position of Deputy Chief Scientist. As a Members of this
                                                                                 Committee, we understand how critically important it is to uphold scientific integ-
                                                                                 rity, especially at our federal science facilities.
                                                                                    Third we will consider H.R. 7077, the Empowering the U.S. Fire Administration
                                                                                 Act, which was sponsored by Representative Ritchie Torres of New York. This bipar-
                                                                                 tisan bill will authorize the U.S. Fire Administration to conduct investigations of
                                                                                 major fires on-site. We must be able to learn from tragic events like fires so we can
                                                                                 work to make sure they don't happen again, and this bill will help to do just that.
                                                                                    Next will be H.R. 3588, the Mathematical and Statistical Modeling Education Act.
                                                                                 This bill was brought forth by Representatives Houlahan and Baird to coordinate
                                                                                 Federal research and development efforts to help scale up and modernize STEM
                                                                                 education through mathematical and statistical modeling. In order to build a strong
                                                                                 and diverse STEM workforce, we have to ensure students are well-equipped with
                                                                                 the evolving needs of the future.
                                                                                    The last bill we will consider today is H.R. 6933, the Cost-Share Accountability
                                                                                 Act of 2022. This bill, which was introduced by Investigations and Oversight Sub-
                                                                                 committee Ranking Member Obernolte and Chairman Foster, will ensure Congress




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                                                                                 stays up to date on information regarding changes in cost-share requirements at the
                                                                                 Department of Energy.




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                                                                                                                                    7
                                                                                   I'm confident we have a productive markup in front of us. From upholding sci-
                                                                                entific integrity at NOAA, making sure we learn from major fires and work to pre-
                                                                                vent them, improving access to high-quality STEM education, and more, we have
                                                                                five great bills to consider. I'm looking forward to moving each of these bills through
                                                                                the Committee today.
                                                                                   Thank you.




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                                                                                                                                43

                                                                                quent calendar days in which to submit supplemental minority or
                                                                                additional views on the measure.
                                                                                  Ms. LOFGREN. We will now consider H.R. 7077, the Empowering
                                                                                the U.S. Fire Administration Act. The Clerk will report the bill.
                                                                                  The CLERK. H.R. 7077, a bill-
                                                                                  [The bill follows:]




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                                                                                                                                44

                                                                                                                                                                             I




                                                                                     117THCONGRESS
                                                                                        2D SESSION               H• R• 7077
                                                                                          To require the United States Fire Administration to conduct on-site
                                                                                                 investigations of major fires, and for other purposes.




                                                                                              IN THE HOUSE OF REPRESENTATIVES
                                                                                                                    MARcH 15, 2022
                                                                                     J\tir. TORRES of New York (for himself, Ms. STEVENS, Mr. MEIJER, and Mr.
                                                                                            GoNZALEZ of Ohio) introduced the following bill; which was referred to
                                                                                            the Committee on Science, Space, and Technology




                                                                                                                     A BILL
                                                                                     To require the United States Fire Administration to conduct
                                                                                     on-site investigations of major fires, and for other purposes.

                                                                                      1           Be it enacted by the Senate and H&USe of Re'J)resenta-
                                                                                      2 tives of the United States of America in Congress assembled,
                                                                                      3 SECTION 1. SHORT TITLE.
                                                                                      4           This Act may be cited as the "Empowering the U.S.

                                                                                      5 Fire Administration Act".
                                                                                      6 SEC. 2. FIRE INVESTIGATIONS.
                                                                                      7           The Federal Fire Prevention and Control Act of 1974
                                                                                      8 (15 U.S.C. 2201 et seq.) is amended by adding at the end




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                                                                                      9 the following:




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                                                                                                                                45

                                                                                                                      2
                                                                                           1 "SEC. 38. INVESTIGATION AUTHORITIES.
                                                                                          2          "(a) L~ GE:NERAL.-In the case of any major fire,
                                                                                           3 the Administrator may send incident investigators, which
                                                                                          4 may include safety specialists, fire protection engineers,
                                                                                           5 codes and standards experts, researchers, and fire training
                                                                                           6 specialists, to the site of the fire to conduct an investiga-
                                                                                           7 tion as described in subsection (b).
                                                                                           8         "(b) INVESTIGATION REQTimED.-A fire investiga-
                                                                                           9 tion conducted under this section-
                                                                                         10                  "(l) shall be conducted in coordination with ap-

                                                                                         11          propriate Federal, State, and local authorities, in-
                                                                                         12          eluding Federal agencies that are authorized to in-
                                                                                         13          vestigate a major fire or an incident of which the
                                                                                         14          major fire is a part; and
                                                                                         15                  "(2) shall examine the determined cause and
                                                                                         16          origin of the fire and assess broader systematic mat-
                                                                                         17          ters to include use of codes and standards, demo-
                                                                                         18          graphics, structural characteristics, smoke and fire
                                                                                         19          dynamics (movement) during the event, and costs of
                                                                                         20          associated injuries and deaths.
                                                                                         21          "(c) REPORT.-Upon concluding any fire investiga-
                                                                                         22 tion under this section, the Administrator shall issue a
                                                                                         23 public report to local, State, and Federal authorities on
                                                                                         24 the findings of such investigation, or coHaborate with an-
                                                                                         25 other investigating Federal agency on that agency's re-
                                                                                         26 port, including recommendations on-




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                                                                                                                                    3
                                                                                                             "(l) any other buildings with similar character-

                                                                                           2         istics that may bear similar fire risks;
                                                                                           3                 "(2) improving tactical response to similar fires;
                                                                                           4                 "(3) improving civilian safety practices;
                                                                                           5                 "(4) assessing the costs and benefits to the
                                                                                           6         community of adding fire safety features; and
                                                                                           7                 "(5) how to mitigate the causes of such fire.
                                                                                           8         "(d) DISCRETIONARY AUTHORITY.-In addition to
                                                                                           9 investigations conducted pursuant to subsection (a), the
                                                                                         10 Administrator may send fire investigators to conduct in-
                                                                                         11 vestigittions at the site of any fire with unusual or rernark-
                                                                                         12 able context that results in losses less severe than those
                                                                                         13 occurring as a result of a major fire, in coordination with
                                                                                         14 appropriate Federal, State, and local authorities, including
                                                                                         15 Federal agencies that are authorized to investigate a
                                                                                         16 major fire or an incident of which the major fire is a part.
                                                                                          17         "(e) MAJOR FIRE DEFINED.-For purposes of this
                                                                                          18 section, the term 'major fire' shall have the meaning given
                                                                                          19 such term under regulations to be issued by the Adrninis-
                                                                                         20 trator.".
                                                                                                                                    0




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                                                                                                                                47
                                                                                    Ms. LOFGREN. Without objection, the bill is considered as read
                                                                                 and open to amendment at any point. And does anyone wish to be
                                                                                 recognized to speak on the underlying bill?
                                                                                    Ms. Stevens, you are recognized.
                                                                                    Ms. STEVENS. Thank you. It is your overzealous colleague back
                                                                                 to speak, Madam Chair, about the Empowering the U.S. Fire Ad-
                                                                                 ministration Act, along with my colleagues Representative Ritchie
                                                                                 Torres, as well as Congressman Meijer and Gonzalez. We are so
                                                                                 thrilled to introduce this legislation.
                                                                                    The Empowering the U.S. Fire Administration Act would author-
                                                                                 ize the U.S. Fire Administration to send safety specialists, fire pro-
                                                                                 tection engineers, codes and standards experts, researchers, and
                                                                                 fire training specialists to collaborate and assist local firefighter in-
                                                                                 vestigations in their investigations in the aftermath of a fire.
                                                                                    This is incredibly important legislation. It will be supporting
                                                                                 communities like mine and Congressman Torres' that have experi-
                                                                                 enced just considerable and heartbreaking fires just in the last
                                                                                 handful of months. In particular in Michigan in Oakland County,
                                                                                 we know that fires are up 122 percent.
                                                                                    Although fire loss has certainly improved significantly over the
                                                                                 past twenty-five years, the fire problem in the United States re-
                                                                                 mains serious. The United States still has one of the highest fire
                                                                                 death rates in the industrialized world. It is clear we still have
                                                                                 work to do to prevent these fires and their deadly consequences.
                                                                                    According to FEMA, between 2017 and 2019 fires caused an esti-
                                                                                 mated 2,770 deaths, 11,650 injuries, and $8.1 billion in property
                                                                                 loss. In Michigan, we have recently experienced a significant rise
                                                                                 in fire-related deaths during just this year, just the year of 2022.
                                                                                 So according to the Bureau of Fire Services, fire-related deaths
                                                                                 across Michigan increased by 144 percent in the first month of
                                                                                 2022 compared to 2021. Unfortunately, it was reported that these
                                                                                 increased fires in Michigan were all preventable.
                                                                                    And so this is why I am joining my colleagues to invest in the
                                                                                 resources to investigate fires and their aftermath. The Empowering
                                                                                 the U.S. Fire Administration Act is part of a Federal legislative
                                                                                 package aimed at solving the underlying issues that caused the
                                                                                 deadly fire that my friend, my dear friend and colleague Represent-
                                                                                 ative Ritchie Torres experienced in his district. In January of this
                                                                                 year, January 9th, a major fire occurred at the Twin Parks North-
                                                                                 west apartment building in Representative Torres' district in which
                                                                                  17 people, including 8 children, tragically lost their lives.
                                                                                     A key objective of the U.S. Fire Administration is to significantly
                                                                                  reduce the Nation's loss of life from fire while also achieving a re-
                                                                                  duction in property loss and nonfatal injury due to fire. This bill
                                                                                  authorizes the U.S. Fire Administration to conduct those onsite in-
                                                                                  vestigation of major fires. Imagine how critical this is for Congress-
                                                                                  man Torres' district and what his residents experienced, not only
                                                                                 the loss of life but figuring out how they can get through this, how
                                                                                 we can get through what happened in Oakland County with the-
                                                                                 with our Oakland Hills Golf Course, a prize golf course, the second-
                                                                                  largest wood structural building in Michigan that caught on fire.
                                                                                     By authorizing the USFA to send incident investigators to the
                                                                                  site of a major fire, this bill more fully leverages the unique exper-




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                                                                                                                                 48
                                                                                     fires to continue to strengthen prevention going forward and on. So
                                                                                     this bill is going to unlock the expertise of fire safety specialists
                                                                                     and engineers to collaborate· and assist local firefighter investiga-
                                                                                     tors after a major fire incident in their community.
                                                                                        Additionally, this bill requires the USFA to issue a public report
                                                                                     on findings of investigation to local, State, and Federal authorities.
                                                                                     The report would also include recommendations on how to mitigate
                                                                                     the causes of the investigative fire, as well as buildings with simi-
                                                                                     lar characteristics that may bear similar fire risk. If another Fed-
                                                                                     eral agency--
                                                                                        Ms. LOFGREN. Could the gentlelady pause for a second? Some-
                                                                                     body on the Zoom is not muted. Could everybody other than Ms.
                                                                                     Stevens please check and mute? And you are now recognized again.
                                                                                        Ms. STEVENS. Congresswoman Stansbury, I believe you are not
                                                                                     muted.
                                                                                        OK. Thank you, Madam Chair.
                                                                                        If another Federal agency, for instance, NIST (National Institute
                                                                                     of Standards and Technology), is also able to investigate the fire,
                                                                                     the bill would encourage the agencies to collaborate on a com-
                                                                                     prehensive report. In fact, collaboration with local, State, and other
                                                                                     Federal authorities is a central theme of the entire bill. We are en-
                                                                                     suring USFA also has the specific authorities it needs to carry out
                                                                                     its mission.
                                                                                        I want to thank again my colleagues, a bipartisan effort, Con-
                                                                                     gressman Ritchie Torres, Congressman Meijer and Gonzalez for
                                                                                     their leadership on this bill. I want to urge my colleagues to join
                                                                                     me in supporting this critical piece of legislation. And before I yield
                                                                                     back, Madam Chair, I would like to ask unanimous consent to
                                                                                     enter into the record letters of support for H.R. 7077 from the
                                                                                     International Association of Fire Chiefs and the National Associa-
                                                                                     tion of State Fire Marshals.
                                                                                        Ms. LOFGREN. Without objection, those will be made part of the
                                                                                     record.
                                                                                        [See Appendix for the information referred to]
                                                                                        Ms. LOFGREN. The gentlelady yields back. And we recognize now
                                                                                     Mr. Meijer for-to strike the last word.
                                                                                        Mr. MEIJER. Thank you, Madam Chair and Ranking Member
                                                                                     Lucas, for holding this markup today and providing us with an-
                                                                                     other opportunity to work together on legislation that supports crit-
                                                                                     ical agencies like the U.S. Fire Administration.
                                                                                        I was honored to join my friend and colleague Ritchie Torres in
                                                                                     introducing this bill, spurred from a terrible and heartbreaking
                                                                                     tragedy in his district in New York. That fire in the Bronx apart-
                                                                                     ment building left us with many questions, including why there's
                                                                                     no coordination between the Federal U.S. Fire Administration and
                                                                                     other State and local authorities. In fact, the U.S. Fire Administra-
                                                                                     tion does not have the authority to conduct onsite investigations of
                                                                                     major fires. As a result, our State and local authorities are limited
                                                                                     in their capacity to investigate major fires.
                                                                                        The U.S. Fire Administration's expertise can and should be used
                                                                                     to the fullest extent and in coordination with all existing authori-
                                                                                     ties responsible for fire investigations. That is why today's bill,
                                                                                     H.R. 7077, Empowering the U.S. Fire Administration Act, is so crit-




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                                                                                                                                49
                                                                                Federal, State, and local authorities to allow the U.S. Fire Admin-
                                                                                istration to send investigators such as safety specialists, fire protec-
                                                                                tion engineers, codes and standards experts, and fire training spe-
                                                                                cialists to the site of a major fire. These experts can then work on
                                                                                the ground with State and local authorities to determine cause, ex-
                                                                                amine building failures, and provide answers and recommendations
                                                                                to those affected by these fires.
                                                                                   The tragedy we saw in the Bronx was heartbreaking and should
                                                                                have never happened. We need answers, and we need to ensure
                                                                                that something like this never happens again. It's long past time
                                                                                that we allow the experts at all levels, again, Federal, State, and
                                                                                local, to coordinate to help us achieve this goal.
                                                                                   Our bill has received support from fire departments across the
                                                                                country, including my hometown of Grand Rapids. Our Grand Rap-
                                                                                ids Fire Department recognizes the need to allow the full capacity
                                                                                to be brought to bear.
                                                                                   I want to thank Congressman Ritchie Torres, Ranking Member
                                                                                Stevens, and Congressman Anthony Gonzalez for their work with
                                                                                me on this bill, and I'm proud to support this and hope that it
                                                                                moves quickly in the House. I encourage my colleagues to support
                                                                                this bill. Thank you, Madam Chair. I yield back the balance of my
                                                                                time.
                                                                                   Ms. LOFGREN. The gentleman yields back.
                                                                                   As there are no additional Members seeking recognition on the
                                                                                underlying bill, we will look at the roster and see the amendment
                                                                                that will be offered by the gentleman from Florida, Mr. Posey, who
                                                                                is now recognized to offer an amendment. Mr. Posey?
                                                                                   I think he is-he had a technical glitch. I think what we can do
                                                                                is offer this amendment in his behalf while he is trying to recon-
                                                                                nect, and the Clerk will report the amendment.
                                                                                   The CLERK. Amendment to H.R. 7077 offered by Mr. Posey of
                                                                                Florida.
                                                                                   [The amendment of Mr. Posey follows:]




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                                                                                      G:\M\17\POSEY\POSEY _l 15.XML




                                                                                                                           AMENDMENT TO H.R. 7077

                                                                                                                     OFFERED BY MR. POSEY OF FLORIDA

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                                                                                                        ordination".




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                                                                                                                                51
                                                                                  Ms. LOFGREN. While we're waiting for the gentleman, I will
                                                                                thank him for his amendment and for working across the aisle to
                                                                                come to an agreement that addresses his concerns. This amend-
                                                                                ment clarifies the USFA should work in cooperation with State and
                                                                                local partners on their investigation of a major fire. This amend-
                                                                                ment is consistent with the intent of the underlying bill, and I
                                                                                agree it can be helpful to include all of the appropriate terminology
                                                                                to leave no ambiguity as to intent. I would urge my colleagues to
                                                                                support his amendment, and I would be happy to yield to the
                                                                                Ranking Member.
                                                                                  Mr. LUCAS. Thank you, Madam Chair. And I appreciate your
                                                                                yield. And I wholeheartedly agree with you. Our good friend is hav-
                                                                                ing technical problems, one of the challenges of the world we live
                                                                                in. He is back. Can we yield to him, Madam Chair?
                                                                                  Ms. LOFGREN. Certainly. We will yield to Mr. Posey. We've al-
                                                                                ready-you're on mute. The amendment is before us, and it's been
                                                                                called up, and I have spoken in favor and the Ranking Member has
                                                                                as well. So Mr. Posey, you are recognized to strike the last word.
                                                                                   Mr. POSEY. Well, if you two have already spoken in favor of it,
                                                                                I don't think I could do much better than that. I yield back. Thank
                                                                                you very much, both of you.
                                                                                  Ms. LOFGREN. The gentleman yields back.
                                                                                  Are there additional Members who wish to speak on this amend-
                                                                                ment?
                                                                                   If not then, the vote occurs on the amendment. All in favor will
                                                                                say aye.
                                                                                   Opposed will say no.
                                                                                   In the opinion of the Chair, the ayes have it.
                                                                                   And a reporting quorum being present, I move that the Com-
                                                                                mittee on Science, Space, and Technology report 7077, as amended,
                                                                                to the House, with the recommendation that the bill be approved.
                                                                                   All those in favor of the motion will signify by saying aye.
                                                                                   Opposed will signify by saying no.
                                                                                   In the opinion of the Chair, the ayes have it. The bill is favorably
                                                                                reported.
                                                                                   And without objection, the motion to reconsider is laid upon the
                                                                                table. I ask unanimous consent that staff be authorized to make
                                                                                any necessary technical and conforming changes to the bill. And
                                                                                without objection, that is ordered. Members will have two subse-
                                                                                quent calendar days in which to submit supplemental minority or
                                                                                additional views on the measure.




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