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 						   Calendar No. 712

115th Congress}                                            { Report
                                 SENATE
  2d Session  }                                            { 115-441

======================================================================     
 
         WILDFIRE MANAGEMENT TECHNOLOGY ADVANCEMENT ACT OF 2018

                                _______
                                

               December 19, 2018.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 2290]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2290) to improve wildfire management 
operations and the safety of firefighters and communities with 
the best available technology, having considered the same, 
reports favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    1. Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wildfire Management Technology 
Advancement Act of 2018''.

SEC. 2. PURPOSE.

    The purpose of this Act is to promote the use of the best available 
technology to enhance the effective and cost-efficient response to 
wildfires--
          (1) to meet applicable protection objectives; and
          (2) to increase the safety of--
                  (A) firefighters; and
                  (B) the public.

SEC. 3. DEFINITIONS.

    In this Act:
          (1) Secretaries.--The term ``Secretaries'' means--
                  (A) the Secretary of Agriculture; and
                  (B) the Secretary of the Interior.
          (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                  (A) the Secretary of Agriculture, with respect to 
                activities under the Department of Agriculture; and
                  (B) the Secretary of the Interior, with respect to 
                activities under the Department of the Interior.

SEC. 4. UNMANNED AIRCRAFT SYSTEMS.

    (a) Definitions.--In this section, the terms ``unmanned aircraft'' 
and ``unmanned aircraft system'' have the meanings given those terms in 
section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
40101 note; Public Law 112-95).
    (b) Establishment of Program.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of the Interior, in 
consultation with the Secretary of Agriculture, shall establish a 
research, development, and testing program, or expand an applicable 
existing program, to assess unmanned aircraft system technologies, 
including optionally piloted aircraft, across the full range of 
wildland fire management operations in order to accelerate the 
deployment and integration of those technologies into the operations of 
the Secretaries.
    (c) Expanding Use of Unmanned Aircraft Systems on Wildfires.--Not 
later than 1 year after the date of enactment of this Act, the 
Secretaries, in coordination with State wildland firefighting agencies 
and other relevant Federal agencies, shall enter into an agreement 
under which the Secretaries shall develop consistent protocols and 
plans for the use on wildland fires of unmanned aircraft system 
technologies, including for the development of real-time maps of the 
location of wildland fires.

SEC. 5. LOCATION SYSTEMS FOR WILDLAND FIREFIGHTERS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, subject to the availability of appropriations, the 
Secretaries, in coordination with State wildland firefighting agencies, 
shall jointly develop and operate a tracking system (referred to in 
this section as the ``system'') to remotely locate the positions of 
fire resources, including, at a minimum, any fire resources assigned to 
Federal type 1 wildland fire incident management teams.
    (b) Requirements.--The system shall--
          (1) use technology available to the Secretaries to remotely 
        track the location of an active resource, such as a Global 
        Positioning System;
          (2) depict the location of each fire resource on the 
        applicable maps developed under section 4(c); and
          (3) operate continuously during the period for which any 
        firefighting personnel are assigned to the applicable Federal 
        wildland fire.
    (c) Operation.--The Secretary concerned shall--
          (1) before commencing operation of the system--
                  (A) conduct not fewer than 2 pilot projects relating 
                to the system; and
                  (B) review the results of those pilot projects; and
          (2) conduct training, and maintain a culture, such that an 
        employee, officer, or contractor shall not rely on the system 
        for safety.

SEC. 6. WILDLAND FIRE DECISION SUPPORT.

    (a) Protocol.--To the maximum extent practicable, the Secretaries 
shall ensure that wildland fire management activities conducted by the 
Secretaries, or conducted jointly by the Secretaries and State wildland 
firefighting agencies, achieve compliance with applicable incident 
management objectives in a manner that--
          (1) minimizes firefighter exposure to the lowest level 
        necessary; and
          (2) reduces overall costs of wildfire incidents.
    (b) Wildfire Decision Support System.--
          (1) In general.--The Secretaries, in coordination with State 
        wildland firefighting agencies, shall establish a system to 
        track and monitor decisions made by the Secretaries or State 
        wildland firefighting agencies in managing wildfires.
          (2) Components.--The system established under paragraph (1) 
        shall be able to alert the Secretaries if--
                  (A) unusual costs are incurred;
                  (B) an action to be carried out would likely--
                          (i) endanger the safety of a firefighter; or
                          (ii) be ineffective in meeting an applicable 
                        suppression or protection goal; or
                  (C) a decision regarding the management of a wildfire 
                deviates from--
                          (i) an applicable protocol established by the 
                        Secretaries, including the requirement under 
                        subsection (a); or
                          (ii) an applicable spatial fire management 
                        plan or fire management plan of the Secretary 
                        concerned.

SEC. 7. SMOKE PROJECTIONS FROM ACTIVE WILDLAND FIRES.

    The Secretaries shall establish a program, to be known as the 
``Interagency Wildland Fire Air Quality Response Program'', under which 
the Secretary concerned--
          (1) to the maximum extent practicable, shall assign a team of 
        air resource advisors to a type 1 incident management team 
        managing a wildland fire; and
          (2) may assign a team of air resource advisors to a type 2 
        incident management team managing a wildland fire.

SEC. 8. FIREFIGHTER INJURIES DATABASE.

    (a) In General.--Section 9(a) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2208(a)) is amended--
          (1) in paragraph (2), by inserting ``, categorized by the 
        type of fire'' after ``such injuries and deaths''; and
          (2) in paragraph (3), by striking ``activities;'' and 
        inserting the following: ``activities, including--
                  ``(A) all injuries sustained by a firefighter and 
                treated by a doctor, categorized by the type of 
                firefighter;
                  ``(B) all deaths sustained while undergoing a pack 
                test or preparing for a work capacity;
                  ``(C) all injuries or deaths resulting from vehicle 
                accidents; and
                  ``(D) all injuries or deaths resulting from aircraft 
                crashes;''.
    (b) Use of Existing Data Gathering and Analysis Organizations.--
Section 9(b)(3) of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2208(b)(3)) is amended, by inserting ``, including the 
Center for Firefighter Injury Research and Safety Trends'' after 
``public and private''.
    (c) Medical Privacy of Firefighters.--Section 9 of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by 
adding at the end the following:
    ``(e) Medical Privacy of Firefighters.--The collection, storage, 
and transfer of any medical data collected under this section shall be 
conducted in accordance with--
          ``(1) the privacy regulations promulgated under section 
        264(c) of the Health Insurance Portability and Accountability 
        Act of 1996 (42 U.S.C. 1320d-2 note; Public Law 104-191); and
          ``(2) other applicable regulations, including parts 160, 162, 
        and 164 of title 45, Code of Federal Regulations (as in effect 
        on the date of enactment of this subsection).''.

SEC. 9. RAPID RESPONSE EROSION DATABASE.

    (a) In General.--The Secretaries, in consultation with the 
Administrator of the National Aeronautics and Space Administration, 
shall establish and maintain a database, to be known as the ``Rapid 
Response Erosion Database'' (referred to in this section as the 
``Database'').
    (b) Open-source Database.--
          (1) Availability.--The Secretaries shall make the Database 
        (including the original source code)--
                  (A) web-based; and
                  (B) available without charge.
          (2) Components.--The Database shall provide for--
                  (A) the automatic incorporation of spatial data 
                relating to vegetation, soils, and elevation into an 
                applicable map created by the Secretary concerned that 
                depicts the changes in land-cover and soil properties 
                caused by a wildland fire; and
                  (B) the generation of a composite map that can be 
                used by the Secretary concerned to model the 
                effectiveness of treatments in the burned area to 
                prevent flooding, erosion, and landslides under a range 
                of weather scenarios.
    (c) Use.--The Secretary concerned shall use the Database, as 
applicable, in developing recommendations for emergency stabilization 
treatments or modifications to drainage structures to protect values-
at-risk following a wildland fire.
    (d) Coordination.--The Secretaries may share the Database, and any 
results generated in using the Database, with any State or unit of 
local government.

SEC. 10. PREDICTING WHERE WILDFIRES WILL START.

    (a) In General.--The Secretaries, in consultation with the 
Administrator of the National Aeronautics and Space Administration and 
the Secretary of Energy, through the capabilities and assets located at 
the National Laboratories, shall establish and maintain a system to 
predict the locations of future wildfires for fire-prone areas of the 
United States.
    (b) Cooperation; Components.--The system established under 
subsection (a) shall--
          (1) be based on, and enhance, similar systems in existence on 
        the date of enactment of this Act, including the Fire Danger 
        Assessment System; and
          (2) use a combination of soil moisture levels, precipitation 
        patterns, topography, fuels growth and availability, ignition 
        risks, and temperatures to calculate probabilities of wildfires 
        igniting or burning in fire-prone areas of the United States.
    (c) Use in Forecasts.--Not later than 1 year after the date of 
enactment of this Act, the Secretaries shall use the system established 
under subsection (a), to the maximum extent practicable, for purposes 
of developing any wildland fire potential forecasts.
    (d) Coordination.--The Secretaries may share the system established 
under subsection (a), and any results generated in using the system, 
with any State or unit of local government.

SEC. 11. STUDY ON AIRCRAFT OPERATING AT NIGHT.

    (a) Study.--Not later than 1 year after the date of enactment of 
this Act, subject to the availability of appropriations, the 
Secretaries shall conduct a study to determine the feasibility of 
operating aircraft at night when managing wildland fires.
    (b) Partnerships.--In conducting the study under subsection (a), 
the Secretaries may enter into a partnership with any State center of 
excellence with experience relating to aerial firefighting.

SEC. 12. TERMINATION OF AUTHORITY.

    The authority provided by this Act terminates on the date that is 
10 years after the date of enactment of this Act.

                                Purpose

    The purpose of S. 2290 is to promote the use of the best 
available technology to enhance the effective and cost-
efficient response to wildfires to meet applicable protection 
objectives and to increase the safety of firefighters and the 
public.

                          Background and Need

    Since 1910, there have been more than 1,000 firefighter 
deaths while working on wildland fires, 255 of which have 
occurred in the last 15 years.\1\ From the 1950s to the late 
1990s, wildfires consumed one to three million acres of land 
per year in the United States; in a bad fire year, five million 
acres of land burned. However, in two out of the past three 
years, wildfires consumed over 10 million acres of land.\2\ 
Last year, over 12,000 structures were destroyed by wildfires--
over 8,000 of those structures were people's homes.\3\ And as a 
result of the growing wildland-urban interface, approximately 
76,000 communities nationwide are now at-risk from 
wildfires.\4\
---------------------------------------------------------------------------
    \1\National Wildfire Coordinating Group Risk Management Committee, 
``Wildland Fire Fatalities by Year,'' Historical Wildland Firefighter 
Fatality Reports, National Interagency Fire Center.
    \2\National Interagency Coordination Center, ``Total Wildland Fires 
and Acres (1926-2017),'' National Interagency Fire Center: Fire 
Information Statistics.
    \3\National Interagency Coordination Center, ``Wildland Fire 
Summary and Statistics Annual Report, 2017,'' National Interagency Fire 
Center: Fire and Aviation Management Web Applications.
    \4\National Association of State Foresters, ``Communities at Risk 
Report Fiscal Year 2015,'' May 2016.
---------------------------------------------------------------------------
    To keep up with the increasing severity and complexity of 
fires, fire managers are turning to new tools. Technological 
advances and innovation are transforming the way that wildland 
fires are being fought. As technology, like drones or fire 
mapping, becomes more readily available and sophisticated, fire 
managers are integrating those platforms into their responses, 
which improves the safety and welfare of firefighters and 
affected communities.
    For example, unmanned aircraft systems (UASs), commonly 
known as drones, are increasingly being used by fire managers 
for reconnaissance of wildfires and to assist individual 
firefighters. UASs are capable of mapping fire perimeters, 
assessing fire behavior, and detecting spot fires--all of which 
contribute to firefighter safety. UASs enable a complete aerial 
picture of a wildfire to be generated quickly, cost-
effectively, and without endangering firefighters.
    Knowing the locations of fire crews and resources is also 
important information. Firefighter fatality reports have 
suggested that if fire managers would have known the locations 
of firefighters in relationship to the wildfire, lives of 
firefighters could have been saved. In 2015, Barton Rye, a 
Department of the Interior employee, received the National Fire 
Safety Award for using GPS locators to map, track, and monitor 
the locations of multiple firefighters on a large wildland 
fire. Those locators saved the life of a disoriented 
firefighter.\5\ Firefighter organizations have been calling for 
agencies to use this technology nationally to increase the 
safety of wildland firefighters. In 2017, the Center of 
Excellence for Advanced Technology Aerial Firefighting (Center) 
published an analysis that showed the cost of purchasing and 
operating a commercially available GPS locator ranged from 
$200-$800 per year. The analysis evaluated several platforms 
commercially available, confirming their ability to be used by 
wildland firefighters in a variety of situations.\6\ The Forest 
Service recently purchased 6,000 units\7\ and CAL FIRE has 
purchased 1,200 units; however, these units are not 
interoperable.\8\
---------------------------------------------------------------------------
    \5\U.S. Fish and Wildlife Service, ``Fire Management Annual Report, 
Fiscal Year 2015,'' National Interagency Fire Center.
    \6\Center of Excellence for Advanced Technology Aerial 
Firefighting, ``Satellite Messenger Evaluation for Wildland Fire 
Management'', Colorado Department of Public Safety: CoE-17-005.1, 
December 2017.
    \7\Holdsambeck, Steve, ``Schoolhouse Fire ATV Fatality: Learning 
Review Report,'' Santa Fe National Forest, August 2013.
    \8\Gabbert, Bill, ``CAL FIRE to Procure Mobile Data Systems with 
Location Tracking Capability,'' Wildfire Today, February 2018.
---------------------------------------------------------------------------
    On August 3, 2017, the Committee on Energy and Natural 
Resources held an oversight hearing on the use of technology to 
reduce the risks posed by wildfires to firefighters and 
communities. During that hearing, the Committee received 
testimony on the availability of technologies developed by 
Federal agencies without a firefighting mandate that can be of 
use to the firefighting agencies. One such technology, called 
the Rapid Response Erosion Database, shortens the time required 
to place emergency stabilization measures in order to prevent 
landslides that can occur with rain after wildfires. The Fire 
Danger Assessment System, another technology developed by the 
National Aeronautics and Space Administration (NASA), would 
enable seasonal wildfire forecasts to be produced at a finer 
resolution than at which they are currently produced.
    Another emerging technology relates to air quality. Air 
quality in areas experiencing wildfires has become an 
increasing concern in the last several years, impacting public 
health and local economies. In the 1990s, Forest Service 
scientists developed the BlueSky Smoke Modeling Framework, 
which is used to understand and predict what is going to happen 
with smoke from particular wildfires. Over the last several 
years, the Forest Service has started to provide smoke 
forecasts for large wildfires and is seeking to expand this 
service.
    Decision-making in the course of managing wildland fires is 
a science unto itself. The Forest Service developed the 
Wildland Fire Decision Support System (WFDSS) in 2009 to guide 
decision-makers during complex wildland fires.\9\ Over the last 
couple years, Forest Service researchers have called for an 
increase in the documentation of decisions made on wildland 
fires in order to bring firefighting costs down and make it 
safer for firefighters.\10\ While WFDSS has been helpful, 
collecting and reviewing documented decisions will help fire 
managers make better decisions and determine if suppression 
resources will be effective.
---------------------------------------------------------------------------
    \9\Calkin, David E. and others, ``A Real-time Risk Assessment Tool 
Supporting Wildland Fire Decisionmaking,'' Journal of Forestry, July 
2011.
    \10\Banegas, Diane, ``Why Big Blazes are Burning up Budgets and 
Landscapes,'' Research and Development, Forest Service (July 21, 2017).
---------------------------------------------------------------------------
    While firefighter safety is the top priority for fire 
managers, injuries and fatalities among wildland firefighters 
appear to be increasing. While the Federal Fire Prevention and 
Control Act of 1974 (FFPCA, 15 U.S.C. 2201 et seq.) established 
a database for tracking injuries and deaths among structural 
firefighters, the database does not track incidents for 
wildland firefighters. Knowing the rates of occurrence and 
reasons for injuries among wildland firefighters will help 
managers identify reforms and training needs that will prevent 
future injuries.
    In 2014, Federal, State, Tribal, and local governments 
issued the ``National Cohesive Wildland Management Strategy,'' 
which provided a management framework designed to more fully 
integrate fire management efforts across jurisdictions.\11\ S. 
2290 aims to build upon that national strategy, and the 
technologies and ideas that were shared during the August 2017 
hearing. The bill codifies many programs that are in their 
initial stages of deployment and encourages firefighting 
agencies to continue to mature them.
---------------------------------------------------------------------------
    \11\U.S. Departments of the Interior and Agriculture, ``The 
National Strategy: The Final Phase of the Development of the National 
Cohesive Wildland Fire Management Strategy,'' April 2014.
---------------------------------------------------------------------------

                          Legislative History

    Senator Cantwell introduced S. 2290 on January 10, 2018.
    The Senate Committee on Energy and Natural Resources met in 
open business session on October 2, 2018, and ordered S. 2290 
favorably reported, as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on October 2, 2018, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
2290, if amended as described herein.

                          Committee Amendment

    During its consideration of S. 2290, the Committee adopted 
an amendment in the nature of a substitute (ANS). The ANS 
clarifies that the purpose of the legislation is to use the 
best available technology when responding to wildland fires and 
to increase the safety of firefighters and the public. The 
substitute amendment also modifies the definitions to only 
define the terms ``Secretary of the Interior'' and ``Secretary 
of Agriculture.''
    The ANS modifies section 4 to only require the Secretaries 
to accelerate and promote the use of UASs and to direct the 
Secretaries to develop regulations and protocol, rather than 
requiring certain protocols. The substitute amendment further 
requires the UAS technologies to be used for fire risk mapping.
    The ANS strikes the original section 6, relating to fire 
risk mapping. The substitute amendment also redesignates the 
original section 7 as section 6 and renames it to ``Wildland 
Fire Decision Support.''
    The ANS redesignates the original section 8 as section 7 
and strikes subsections (b) and (c) relating to the duties of 
an air resource advisor and public dissemination of smoke 
projections. The substitute amendment also strikes the original 
section 9, relating to reverse 911 telecommunications systems.
    The ANS redesignates the original section 10 as section 8. 
It further strikes the provisions requiring that data be 
collected on total costs incurred in response to a wildland 
fire by a type 1 or type 2 management incident team and the 
total number of structures lost during a fire.
    The ANS redesignates the original section 11 as section 9. 
It further modifies the uses of the data collected in the Rapid 
Response Erosion Database.
    The ANS strikes the original section 12, relating to 
research for effectiveness and standards. The substitute 
amendment redesignates the original section 13 as section 10. 
It further modifies the section to allow the Secretaries to 
share the data with State and local governments.
    The ANS also redesignates the original sections 14 and 15 
as sections 11 and 12, respectively.

                      Section-by-Section Analysis


Sec. 1. Short title

    Section 1 provides a short title.

Sec. 2. Purpose

    Section 2 provides the purpose of the bill.

Sec. 3. Definitions

    Section 3 defines key terms.

Sec. 4. Unmanned aircraft systems

    Subsection (a) defines the terms ``unmanned aircraft'' and 
``unmanned aircraft systems.''
    Subsection (b) directs the Secretary of the Interior, in 
consultation with the Secretary of Agriculture, to establish a 
research, development, and testing program, or to expand an 
existing program, within 180 days of the Act's enactment, to 
assess UAS technologies in wildland fire management operations, 
so that the deployment and integration of those technologies 
can be accelerated.
    Subsection (c) directs the Secretaries in coordination with 
State wildland firefighting agencies and other relevant Federal 
agencies, within one year of the Act's enactment, to enter in 
an agreement to develop consistent protocols for the use of UAS 
technologies in wildland fire response, including real-time 
fire mapping.

Sec. 5. Location systems for wildland firefighters

    Subsection (a) directs the Secretaries, in coordination 
with State wildland firefighting agencies, to develop and 
operate jointly a tracking system, within one year of the Act's 
enactment, to track fire resources remotely. At a minimum, the 
system shall be able to track resources assigned to Federal 
type 1 wildland fire incident management teams. This subsection 
is subject to the availability of appropriations.
    Subsection (b) requires the Secretaries to use available 
technology, such as a Global Positioning System, to locate each 
fire resource on a map, and to operate continuously while 
firefighters are assigned to Federal wildland fires.
    Subsection (c) requires the Secretary concerned to conduct 
at least two pilot projects for the tracking system and to 
conduct trainings to ensure that personnel do not rely on the 
tracking system for safety purposes.

Sec. 6. Wildland fire decision support

    Subsection (a) requires the Secretaries to ensure that any 
activities conducted for wildland fire management minimize 
firefighter exposure and reduce the overall cost of wildfire 
incidents.
    Subsection (b) requires the Secretaries, in coordination 
with State wildland firefighting agencies, to establish a 
system to track and monitor decisions made in response to a 
wildland fire. Subsection (b) further requires that the system 
be able to alert the Secretaries if (1) unusual costs are 
incurred; (2) an action would likely endanger the safety of 
firefighters or result in an ineffective outcome; or (3) if a 
decision deviates from applicable protocols or spatial fire 
management plans.

Sec. 7. Smoke projections from active wildland fires

    Section 7 directs the Secretaries to establish the 
``Interagency Wildland Fire Air Quality Response Program.'' 
That program shall, to the maximum extent practicable, assign a 
team of air resource advisors to a type 1 incident management 
team, and may assign a team to a type 2 incident management 
team.

Sec. 8. Firefighter injuries database

    Subsection (a) amends the FFPCA to require the firefighter 
injuries database to evaluate (1) what type of fire led to an 
injury or death; (2) any deaths sustained while training or 
preparing for a wildland fire; and (3) injuries or deaths 
resulting from vehicle accidents or aircraft crashes.
    Subsection (b) amends the FFPCA to authorize the National 
Fire Data Center to use data collected by the Center for 
Firefighter Injury Research and Safety Trends.
    Subsection (c) amends the FFPCA to require any data 
collected under this section to comply with privacy regulations 
under the Health Insurance Portability and Accountability Act 
of 1996 (42 U.S.C. 1320d-2 note) and 45 C.F.R. 160, 162, and 
164.

Sec. 9. Rapid Response Erosion Database

    Subsection (a) requires the Secretaries, in consultation 
with the Administrator of NASA, to establish the ``Rapid 
Response Erosion Database.''
    Subsection (b) requires the Database to be available on the 
internet at no charge. Subsection (b) further requires that the 
Database automatically incorporate spatial data showing changes 
in land-cover and soil properties and that the Database produce 
a map that assists with modeling the effectiveness of 
treatments to prevent flooding, erosion, and landslides.

Sec. 10. Predicting where wildfires will start

    Subsection (a) directs the Secretaries, in consultation 
with the NASA Administrator and the Secretary of Energy, to 
establish a system to predict the location of future wildfires.
    Subsection (b) requires that the system be based on similar 
existing systems, including the Fire Danger Assessment System, 
and use a combination of meteorological, topographical, 
environmental, and biological data to calculate the probability 
of a wildfire igniting in a given area.
    Subsection (c) requires the Secretaries to use the system 
within one year of the Act's enactment to forecast wildland 
fire potential.
    Subsection (d) authorizes the Secretaries to share the data 
and forecasts with State and local governments.

Sec. 11. Study on aircraft operating at night

    Subsection (a) directs the Secretaries, subject to the 
availability of appropriations, to conduct a study of the 
feasibility of having aircraft operate at night during wildland 
fires.
    Subsection (b) authorizes the Secretaries to enter into 
partnerships with State centers of excellence that have 
experience with aerial firefighting.

Sec. 12. Termination of authority

    Section 12 terminates the authorities provided in this 
legislation 10 years after enactment.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    S. 2290 would mostly codify programs managed by the Forest 
Service and the Bureau of Land Management that respond to 
wildfires and seek to prevent them. The bill also would direct 
the Federal Emergency Management Agency to collect data related 
to injuries and deaths of firefighters. Under the bill, the 
authority to operate those programs would expire after 10 
years.
    Using information from the Forest Service, CBO estimates 
that implementing S. 2290 would have no significant cost to the 
Federal government in any year.
    Enacting S. 2290 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting S. 2290 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 2290 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2290. The bill is not a regulatory measure in 
the sense of imposing government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2290, as ordered reported.

                   Congressionally Directed Spending

    S. 2290, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The Committee did not request executive communications for 
S. 2290.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 2290, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

          THE FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974

                     Public Law 93-498, as amended


    An Act to reduce loses of life and property through better fire 
prevention and control, and for other purposes.

           *       *       *       *       *       *       *


                       NATIONAL FIRE DATA CENTER

    Sec. 9. (a) General.--The Administrator shall operate, 
directly or through contracts or grants, an integrated, 
comprehensive National Fire Data Center for the selection, 
analysis, publication, and dissemination of information related 
to the prevention, occurrence, control, and results of fires of 
all types. The program of such Data Center shall be designed to 
(1) provide an accurate nationwide analysis of the fire 
problem, (2) identify major problem areas, (3) assist in 
setting priorities, (4) determine possible solutions to 
problems, and (5) monitor the progress of programs to reduce 
fire losses. To carry out these functions, the Data Center 
shall gather and analyze
          (1) information on the frequency, causes, spread, and 
        extinguishment of fires;
          (2) information on the number of injuries and deaths 
        resulting from fires, including the maximum available 
        information on the specific causes and nature of such 
        injuries and deaths, categorized by the type of fire, 
        and information on property losses;
          (3) information on the occupational hazards faced by 
        firefighters, including the causes of deaths and 
        injuries arising, directly and indirectly, from 
        firefighting [activities;] activities, including--
                  (A) all injuries sustained by a firefighter 
                and treated by a doctor, categorized by the 
                type of firefighter;
                  (B) all deaths sustained while undergoing a 
                pack test or preparing for a work capacity;
                  (C) all injuries or deaths resulting from 
                vehicle accidents; and
                  (D) all injuries or deaths resulting from 
                aircraft crashes;
          (4) information on all types of firefighting 
        activities, including inspection practices;
          (5) technical information related to building 
        construction, fire properties of materials, and similar 
        information;
          (6) information on fire prevention and control laws, 
        systems, methods, techniques, and administrative 
        structures used in foreign nations;
          (7) information on the causes, behavior, and best 
        method of control of other types of fire, including, 
        but not limited to, forest fires, brush fires, fire 
        underground, oil blow-out fires, and water-borne fires; 
        and
          (8) such other information and data as is deemed 
        useful and applicable.
    (b) Methods.--In carrying out the program of the Data 
Center, the Administrator is authorized to--
          (1) develop standardized data reporting methods;
          (2) encourage and assist Federal, State, local, and 
        other agencies, public and private, in developing and 
        reporting information; and
          (3) make full use of existing data gathering and 
        analysis organizations, both public and private, 
        including the Center for Firefighter Injury Research 
        and Safety Trends.
    (c) Dissemination of Fire Data.--The Administrator shall 
insure dissemination to the maximum extent possible of fire 
data collected and developed by the Data Center, and shall make 
such data, information, and analysis available in appropriate 
form to Federal agencies, State and local governments, private 
organizations, industry, business, and other interested 
persons.
    (d) National Fire Incident Reporting System Update.--The 
Administrator shall update the National Fire Incident Reporting 
System to ensure that the information in the system is 
available, and can be updated, through the Internet and in real 
time.
    (e) Medical Privacy of Firefighters.--The collection, 
storage, and transfer of any medical data collected under this 
section shall be conducted in accordance with--
          (1) the privacy regulations promulgated under section 
        264(c) of the Health Insurance Portability and 
        Accountability Act of 1996 (42 U.S.C. 1320d-2 note; 
        Public Law 104-191); and
          (2) all other applicable regulations, including parts 
        160, 162, and 164 of title 45, Code of Federal 
        Regulations (as in effect on the date of enactment of 
        this subsection).

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