Pl 93-498

FEDERAL FIRE PREVENTION AND CONTROL ACT OF
1974
(Public Law 93–498)

[As Amended Through P.L. 112–239, Enacted January 2, 2013]

AN ACT To reduce losses of life and property, through better fire prevention and
control, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the ‘‘Federal Fire Prevention and Control Act of 1974’’.
(15 U.S.C. 2201 note)
FINDINGS

SEC. 2. The Congress finds that—
(1) The National Commission on Fire Prevention and Control,
established pursuant to Public Law 90–259, has made an exhaustive and comprehensive examination of the Nation’s fire problem,
has made detailed findings as to the extent of this problem in
terms of human suffering and loss of life and property, and has
made ninety thoughtful recommendations.
(2) The United States today has the highest per capita rate of
death and property loss from fire of all the major industrialized nations in the world.
(3) Fire is an undue burden affecting all Americans, and fire
also constitutes a public health and safety problem of great dimensions. Fire kills 12,000 and scars and injures 300,000 Americans
each year, including 50,000 individuals who require extended hospitalization. Almost $3 billion worth of property is destroyed annually by fire, and the total economic cost of destructive fire in the
United States is estimated conservatively to be $11,000,000,000 per
year. Firefighting is the Nation’s most hazardous profession.
(4) Such losses of life and property from fire are unacceptable
to the Congress.
(5) While fire prevention and control is and should remain a
State and local responsibility, the Federal Government must help
if a significant reduction in fire losses is to be achieved.
(6) The fire service and the civil defense program in each locality would both benefit from closer cooperation.
(7) The Nation’s fire problem is exacerbated by (A) the indifference with which some Americans confront the subject; (B) the Nation’s failure to undertake enough research and development into
fire and fire-related problems; (C) the scarcity of reliable data and
information; (D) the fact that designers and purchasers of buildings
and products generally give insufficient attention to fire safety; (E)
the fact that many communities lack adequate building and fire
prevention codes; and (F) the fact that local fire departments spend
about 95 cents of every dollar appropriated to the fire services on
efforts to extinguish fires and only about 5 cents on fire prevention.
1
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(8) There is a need for improved professional training and education oriented toward improving the effectiveness of the fire services, including an increased emphasis on preventing fires and on
reducing injuries to firefighters.
(9) A national system for the collection, analysis, and dissemination of fire data is needed to help local fire services establish research and action priorities.
(10) The number of specialized medical centers which are properly equipped and staffed for the treatment of burns and the rehabilitation of victims of fires is inadequate.
(11) The unacceptably high rates of death, injury, and property
loss from fire can be reduced if the Federal Government establishes
a coordinated program to support and reinforce the fire prevention
and control activities of State and local governments.
(15 U.S.C. 2201)
PURPOSES

SEC. 3. It is declared to be the purpose of Congress in this Act
to—
(1) reduce the Nation’s losses caused by fire through better
fire prevention and control;
(2) supplement existing programs of research, training,
and education, and to encourage new and improved programs
and activities by State and local governments;
(3) establish the United States Fire Administration and
the Fire Research Center within the Department of Commerce;
and
(4) establish an intensified program of research into the
treatment of burn and smoke injuries and the rehabilitation of
victims of fires within the National Institutes of Health.
(15 U.S.C. 2202)
DEFINITIONS

SEC. 4. As used in this Act, the term—
(1) ‘‘Academy’’ means the National Academy for Fire Prevention and Control;
(2) ‘‘Administration’’ means the United States Fire Administration established pursuant to section 5 of this Act;
(3) ‘‘Administrator’’ means, except as otherwise provided,
the Administrator of the United States Fire Administration,
within the Federal Emergency Management Agency;
(4) ‘‘Administrator of FEMA’’ means the Administrator of
the Federal Emergency Management Agency;
(5) ‘‘fire service’’ means any organization in any State consisting of personnel, apparatus, and equipment which has as
its purpose protecting property and maintaining the safety and
welfare of the public from the dangers of fire, including a private firefighting brigade. The personnel of any such organization may be paid employees or unpaid volunteers or any combination thereof. The location of any such organization and its
responsibility for extinguishment and suppression of fires may
include, but need not be limited to, a Federal installation, a
State, city, town, borough, parish, county, Indian tribe, fire disJanuary 28, 2013

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trict, fire protection district, rural fire district, or other special
district. The terms ‘‘fire prevention’’, ‘‘firefighting’’, and ‘fire
control’’ relate to activities conducted by a fire service;
(6) ‘‘Indian tribe’’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and ‘‘tribal’’ means of or pertaining
to an Indian tribe;
(7) ‘‘local’’ means of or pertaining to any city, town, county,
special purpose district, unincorporated territory, or other political subdivision of a State;
(8) ‘‘place of public accommodation affecting commerce’’
means any inn, hotel, or other establishment not owned by the
Federal Government that provides lodging to transient guests,
except that such term does not include an establishment treated as an apartment building for purposes of any State or local
law or regulation or an establishment located within a building
that contains not more than 5 rooms for rent or hire and that
is actually occupied as a residence by the proprietor of such establishment;
(9) ‘‘Secretary’’ means, except as otherwise provided, the
Secretary of Homeland Security;
(10) ‘‘State’’ has the meaning given the term in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101).
(11) ‘‘wildland-urban interface’’ has the meaning given
such term in section 101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511).
(15 U.S.C. 2203)
ESTABLISHMENT OF THE UNITED STATES FIRE ADMINISTRATION

SEC. 5. (a) ESTABLISHMENT OF ADMINISTRATION.—There is
hereby established in the Department of Commerce an agency
which shall be known as the United States Fire Administration.
(b) ADMINISTRATOR.—There shall be at the head of the Administration the Administrator of the United States Fire Administration. The Administrator shall be appointed by the President and
shall be compensated at the rate now or hereafter provided for
level IV of the Executive Schedule pay rates (5 U.S.C. 5315). The
Administrator shall report and be responsible to the Adminstrator
of FEMA.
(c) DEPUTY ADMINISTRATOR.—The Administrator may appoint a
Deputy Administrator, who shall—
(1) perform such functions as the Administrator shall from
time to time assign or delegate; and
(2) act as Administrator during the absence or disability of
the Administrator or in the event of a vacancy in the office of
Administrator.
(15 U.S.C. 2204)
PUBLIC EDUCATION

SEC. 6. The Administrator is authorized to take such steps as
the Administrator considers appropriate to educate the public and
overcome public indifference as to fire, fire prevention, and individual preparedness. Such steps may include, but are not limited
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to, publications, audiovisual presentations, and demonstrations.
Such public education efforts shall include programs to provide specialized information for those groups of individuals who are particularly vulnerable to fire hazards, such as the young and the elderly. The Administrator shall sponsor and encourage research,
testing, and experimentation to determine the most effective means
of such public education.
(15 U.S.C. 2205)
NATIONAL ACADEMY FOR FIRE PREVENTION AND CONTROL

SEC. 7. (a) ESTABLISHMENT.—The Adminstrator of FEMA shall
establish, at the earliest practicable date, a National Academy for
Fire Prevention and Control. The purpose of the Academy shall be
to advance the professional development of fire service personnel
and of other persons engaged in fire prevention and control activities.
(b) SUPERINTENDENT.—The Academy shall be headed by a Superintendent, who shall be appointed by the Adminstrator of
FEMA. In exercising the powers and authority contained in this
section the Superintendent shall be subject to the direction of the
Administrator.
(c) POWERS OF SUPERINTENDENT.—The Superintendent is authorized to—
(1) develop and revise curricula, standards for admission
and performance, and criteria for the awarding of degrees and
certifications;
(2) appoint such teaching staff and other personnel as he
determines to be necessary or appropriate;
(3) conduct courses and programs of training and education, as defined in subsection (d) of this section;
(4) appoint faculty members and consultants without regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and, with respect to
temporary and intermittent services, to make appointments to
the same extent as is authorized by section 3109 of title 5,
United States Code;
(5) establish fees and other charges for attendance at, and
subscription to, courses and programs offered by the Academy.
Such fees may be modified or waived as determined by the Superintendent;
(6) conduct short courses, seminars, workshops, conferences, and similar education and training activities in all
parts and localities of the United States, including on-site
training;
(7) enter into such contracts and take such other actions
as may be necessary in carrying out the purposes of the Academy; and
(8) consult with officials of the fire services and other interested persons in the exercise of the foregoing powers.
(d) PROGRAM OF THE ACADEMY.—The Superintendent is authorized to—
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(1) train fire service personnel in such skills and knowledge as may be useful to advance their ability to prevent and
control fires, including, but not limited to—
(A) techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation;
(B) tactics and command of firefighting for present and
future fire chiefs and commanders;
(C) administration and management of fire services;
(D) tactical training in the specialized field of aircraft
fire control and crash rescue;
(E) tactical training in the specialized field of fire control and rescue aboard waterborne vessels;
(F) strategies for building collapse rescue;
(G) the use of technology in response to fires, including
terrorist incidents and other national emergencies;
(H) tactics and strategies for dealing with natural disasters, acts of terrorism, and other man-made disasters;
(I) tactics and strategies for fighting large-scale fires
or multiple fires in a general area that cross jurisdictional
boundaries;
(J) tactics and strategies for fighting fires occurring at
the wildland-urban interface;
(K) tactics and strategies for fighting fires involving
hazardous materials;
(L) advanced emergency medical services training;
(M) use of and familiarity with the Federal Response
Plan;
(N) leadership and strategic skills, including integrated management systems operations and integrated response;
(O) applying new technology and developing strategies
and tactics for fighting wildland fires;
(P) integrating the activities of terrorism response
agencies into national terrorism incident response systems;
(Q) tactics and strategies for fighting fires at United
States ports, including fires on the water and aboard vessels; and
(R) the training of present and future instructors in
the aforementioned subjects;
(2) develop model curricula, training programs, and other
educational materials suitable for use at other educational institutions, and to make such materials available without
charge;
(3) develop and administer a program of correspondence
courses to advance the knowledge and skills of fire service personnel;
(4) develop and distribute to appropriate officials model
questions suitable for use in conducting entrance and promotional examinations for fire service personnel; and
(5) encourage the inclusion of fire prevention and detection
technology and practices in the education and professional
practice of architects, builders, city planners, and others engaged in design and planning affected by fire safety problems.
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(e) TECHNICAL ASSISTANCE.—The Administrator is authorized,
to the extent that he determines it necessary to meet the needs of
the Nation, to encourage new programs and to strengthen existing
programs of education and training by local fire services, units and
departments, State and local governments, and private institutions,
by providing technical assistance and advice to—
(1) vocational training programs in techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation;
(2) fire training courses and programs at junior colleges;
and
(3) four-year degree programs in fire engineering at colleges and universities.
(f) ASSISTANCE.—The Administrator is authorized to provide
assistance to State and local fire service training programs through
grants, contracts, or otherwise. Such assistance shall not exceed 4
per centum 1 of the amount authorized to be appropriated in each
fiscal year pursuant to section 17 of this Act.
(g) SITE SELECTION.—The Academy shall be located on such
site as the Adminstrator of FEMA selects, subject to the following
provisions:
(1) The Adminstrator of FEMA is authorized to appoint a
Site Selection Board consisting of the Academy Superintendent
and two other members to survey the most suitable sites for
the location of the Academy and to make recommendations to
the Adminstrator of FEMA.
(2) The Site Selection Board in making its recommendations and the Adminstrator of FEMA in making his final selection, shall give consideration to the training and facility needs
of the Academy, environmental effects, the possibility of using
a surplus Government facility, and such other factors as are
deemed important and relevant. The Adminstrator of FEMA
shall make a final site selection not later than 2 years after the
date of enactment of this Act.
(h) CONSTRUCTION COSTS.—Of the sums authorized to be appropriated for the purpose of implementing the programs of the Administration, not more than $9,000,000 shall be available for the
construction of facilities of the Academy on the site selected under
subsection (g) of this section. Such sums for such construction shall
remain available until expended.
(i) EDUCATIONAL AND PROFESSIONAL ASSISTANCE.—The Administrator is authorized to—
(1) provide stipends to students attending Academy
courses and programs in amounts up to 75 per centum of the
expense of attendance, as established by the Superintendent;
(2) provide stipends to students attending courses and nondegree training programs approved by the Superintendent at
universities, colleges, and junior colleges, in amounts up to 50
per centum of the cost of tuition;
(3) make or enter into contracts to make payments to institutions of higher education for loans, not to exceed $2,500 per
1 Section 4(b)(2) of Public Law 110–376 provides that subsection (f) is amended by striking
‘‘4 percent’’ and inserting ‘‘7.5 percent’’. The amendment cannot be executed because the term
to be struck does not appear.

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academic year for any individual who is enrolled on a full-time
basis in an undergraduate or graduate program of fire research
or engineering which is certified by the Superintendent. Loans
under this paragraph shall be made on such terms and subject
to such conditions as the Superintendent and each institution
involved may jointly determine; and
(4) establish and maintain a placement and promotion opportunities center in cooperation with the fire services, for firefighters who wish to learn and take advantage of different or
better career opportunities. Such center shall not limit such assistance to students and graduates of the Academy, but shall
undertake to assist all fire service personnel.
(j) BOARD OF VISITORS.—Upon establishment of the Academy,
the Adminstrator of FEMA shall establish a procedure for the selection of professionals in the field of fire safety, fire prevention,
fire control, research and development in fire protection, treatment
and rehabilitation of fire victims, or local government services management to serve as members of a Board of Visitors for the Academy. Pursuant to such procedure, the Adminstrator of FEMA shall
select eight such persons to serve as members of such Board of
Visitors to serve such terms as the Adminstrator of FEMA may
prescribe. The function of such Board shall be to review annually
the program of the Academy and to make comments and recommendations to the Adminstrator of FEMA regarding the operation of the Academy and any improvements therein which such
Board deems appropriate. Each member of such Board shall be reimbursed for any expenses actually incurred by him in the performance of his duties as a member of such Board.
(k) ACCREDITATION.—The Superintendent is authorized to establish a Committee on Fire Training and Education which shall
inquire into and make recommendations regarding the desirability
of establishing a mechanism for accreditation of fire training and
education programs and courses, and the role which the Academy
should play if such a mechanism is recommended. The Committee
shall consist of the Superintendent as Chairman and eighteen
other members appointed by the Administrator from among individuals and organizations possessing special knowledge and experience in the field of fire training and education or related fields. The
Committee shall submit to the Administrator within two years
after its appointment, a full and complete report of its findings and
recommendations. Upon the submission of such report, the Committee shall cease to exist. Each appointed member of the Committee shall be reimbursed for expenses actually incurred in the
performance of his duties as a member.
(l) ADMISSION.—The Superintendent is authorized to admit to
the courses and programs of the Academy individuals who are
members of the firefighting, rescue, and civil defense forces of the
Nation and such other individuals, including candidates for membership in these forces, as he determines can benefit from attendance. Students shall be admitted from any State, with due regard
to adequate representation in the student body of all geographic regions of the Nation. In selecting students, the Superintendent may
seek nominations and advice from the fire services and other organizations which wish to send students to the Academy. The SuperJanuary 28, 2013

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intendent shall offer, at the Academy and at other sites, courses
and training assistance as necessary to accommodate all geographic
regions and needs of career and volunteer firefighters.
(m) ON-SITE TRAINING.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Administrator may enter into a contract with nationally recognized organizations that have established on-site training programs that comply with national voluntary consensus standards for fire service personnel to facilitate the delivery of the
education and training programs outlined in subsection (d)(1)
directly to fire service personnel.
(2) LIMITATION.—
(A) IN GENERAL.—The Administrator may not enter
into a contract with an organization described in paragraph (1) unless such organization provides training that—
(i) leads to certification by a program that is accredited by a nationally recognized accreditation organization; or
(ii) the Administrator determines is of equivalent
quality to a fire service training program described by
clause (i).
(B) APPROVAL OF UNACCREDITED FIRE SERVICE TRAINING PROGRAMS.—The Administrator may consider the fact
that an organization has provided a satisfactory fire service training program pursuant to a cooperative agreement
with a Federal agency as evidence that such program is of
equivalent quality to a fire service training program described by subparagraph (A)(i).
(3) RESTRICTION ON USE OF FUNDS.—The amounts expended by the Administrator to carry out this subsection in
any fiscal year shall not exceed 7.5 per centum of the amount
authorized to be appropriated in such fiscal year pursuant to
section 17.
(n) TRIENNIAL REPORT.—In the first annual report filed pursuant to section 16 for which the deadline for filing is after the expiration of the 18-month period that begins on the date of the enactment of the United States Fire Administration Reauthorization Act
of 2008, and in every third annual report thereafter, the Administrator shall include information about changes made to the National Fire Academy curriculum, including—
(1) the basis for such changes, including a review of the incorporation of lessons learned by emergency response personnel after significant emergency events and emergency preparedness exercises performed under the National Exercise
Program; and
(2) the desired training outcome of all such changes.
(15 U.S.C. 2206)
FIRE TECHNOLOGY

SEC. 8. (a) TECHNOLOGY DEVELOPMENT PROGRAM.—The Administrator shall conduct a continuing program of development,
testing, and evaluation of equipment for use by the Nation’s fire,
rescue, and civil defense services, with the aim of making available
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improved suppression, protective, auxiliary, and warning devices
incorporating the latest technology. Attention shall be given to the
standardization, compatibility, and interchangeability of such
equipment. Such development, testing, and evaluation activities
shall include, but need not be limited to—
(1) safer, less cumbersome articles of protective clothing,
including helmets, boots, and coats;
(2) breathing apparatus with the necessary duration of
service, reliability, low weight, and ease of operation for practical use;
(3) safe and reliable auxiliary equipment for use in fire
prevention, detection, and control, such as fire location detectors, visual and audio communications equipment, and mobile
equipment;
(4) special clothing and equipment needed for forest fires,
brush fires, oil and gasoline fires, aircraft fires and crash rescue, fires occurring aboard waterborne vessels, and in other
special firefighting situations;
(5) fire detectors and related equipment for residential use
with high sensitivity and reliability, and which are sufficiently
inexpensive to purchase, install, and maintain to insure wide
acceptance and use;
(6) in-place fire prevention systems of low cost and of increased reliability and effectiveness;
(7) methods of testing fire alarms and fire protection devices and systems on a non-interference basis;
(8) the development of purchase specifications, standards,
and acceptance and validation test procedures for all such
equipment and devices; and
(9) operation tests, demonstration projects, and fire investigations in support of the activities set forth in this section.
(b) LIMITATION.—The Administration shall not engage in the
manufacture or sale of any equipment or device developed pursuant to this section, except to the extent that it deems it necessary
to adequately develop, test, or evaluate such equipment or device.
(c) MANAGEMENT STUDIES.—(1) The Administrator is authorized to conduct, directly or through contracts or grants, studies of
the operations and management aspects of fire services, utilizing
quantitative techniques, such as operations research, management
economics, cost effectiveness studies, and such other techniques
and methods as may be applicable and useful. Such studies shall
include, but need not be limited to, the allocation of resources, the
optimum location of fire stations, the optimum geographical area
for an integrated fire service, the manner of responding to alarms,
the operation of citywide and regional fire dispatch centers, firefighting under conditions of civil disturbance, and the effectiveness,
frequency, and methods of building inspections.
(2) The Administrator is authorized to conduct, directly or
through contracts or grants, studies of the operations and management aspects of fire service-based emergency medical services and
coordination between emergency medical services and fire services.
Such studies may include the optimum protocols for on-scene care,
the allocation of resources, and the training requirements for fire
service-based emergency medical services.
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(3) The Administrator is authorized to conduct, directly or
through contracts or grants, research concerning the productivity
and efficiency of fire service personnel, the job categories and skills
required by fire services under varying conditions, the reduction of
injuries to fire service personnel, the most effective fire prevention
programs and activities, and techniques for accurately measuring
and analyzing the foregoing.
(4) The Administrator is authorized to conduct, directly or
through contracts, grants, or other forms of assistance, development, testing, and demonstration projects to the extent deemed
necessary to introduce and to encourage the acceptance of new
technology, standards, operating methods, command techniques,
and management systems for utilization by the fire services.
(5) The Administrator is authorized to assist the Nation’s fire
services, directly or through contracts, grants, or other forms of assistance, to measure and evaluate, on a cost-benefit basis, the effectiveness of the programs and activities of each fire service and the
predictable consequences on the applicable local fire services of coordination or combination, in whole or in part, in a regional, metropolitan, or statewide fire service.
(d) RURAL AND WILDLAND-URBAN INTERFACE ASSISTANCE.—The
Administrator may, in coordination with the Secretary of Agriculture, the Secretary of the Interior, and the Wildland Fire Leadership Council, assist the fire services of the United States, directly
or through contracts, grants, or other forms of assistance, in sponsoring and encouraging research into approaches, techniques, systems, equipment, and land-use policies to improve fire prevention
and control in—
(1) the rural and remote areas of the United States; and
(2) the wildland-urban interface.
(e) ASSISTANCE TO OTHER FEDERAL AGENCIES.—At the request
of other Federal agencies, including the Department of Agriculture
and the Department of the Interior, the Administrator may provide
assistance in fire prevention and control technologies, including
methods of containing insect-infested forest fires and limiting dispersal of resultant fire particle smoke, and methods of measuring
and tracking the dispersal of fine particle smoke resulting from
fires of insect-infested fuel.
(f) TECHNOLOGY EVALUATION AND STANDARDS DEVELOPMENT.—
(1) IN GENERAL.—In addition to, or as part of, the program
conducted under subsection (a), the Administrator, in consultation with the National Institute of Standards and Technology,
the Inter-Agency Board for Equipment Standardization and
Inter-Operability, the National Institute for Occupational Safety and Health, the Directorate of Science and Technology of the
Department of Homeland Security, national voluntary consensus standards development organizations, interested Federal, State, and local agencies, and other interested parties,
shall—
(A) develop new, and utilize existing, measurement
techniques and testing methodologies for evaluating new
firefighting technologies, including—
(i) personal protection equipment;
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(ii) devices for advance warning of extreme hazard;
(iii) equipment for enhanced vision;
(iv) devices to locate victims, firefighters, and
other rescue personnel in above-ground and belowground structures;
(v) equipment and methods to provide information
for incident command, including the monitoring and
reporting of individual personnel welfare;
(vi) equipment and methods for training, especially for virtual reality training; and
(vii) robotics and other remote-controlled devices;
(B) evaluate the compatibility of new equipment and
technology with existing firefighting technology; and
(C) support the development of new voluntary consensus standards through national voluntary consensus
standards organizations for new firefighting technologies
based on techniques and methodologies described in subparagraph (A).
(2) STANDARDS FOR NEW EQUIPMENT.—(A) The Administrator shall, by regulation, require that new equipment or systems purchased through the assistance program established by
the first section 33 meet or exceed applicable voluntary consensus standards for such equipment or systems for which applicable voluntary consensus standards have been established.
The Administrator may waive the requirement under this subparagraph with respect to specific standards.
(B) If an applicant for a grant under the first section 33
proposes to purchase, with assistance provided under the
grant, new equipment or systems that do not meet or exceed
applicable voluntary consensus standards, the applicant shall
include in the application an explanation of why such equipment or systems will serve the needs of the applicant better
than equipment or systems that do meet or exceed such standards.
(C) In making a determination whether or not to waive the
requirement under subparagraph (A) with respect to a specific
standard, the Administrator shall, to the greatest extent practicable—
(i) consult with grant applicants and other members of
the fire services regarding the impact on fire departments
of the requirement to meet or exceed the specific standard;
(ii) take into consideration the explanation provided by
the applicant under subparagraph (B); and
(iii) seek to minimize the impact of the requirement to
meet or exceed the specific standard on the applicant, particularly if meeting the standard would impose additional
costs.
(D) Applicants that apply for a grant under the terms of
subparagraph (B) may include a second grant request in the
application to be considered by the Administrator in the event
that the Administrator does not approve the primary grant request on the grounds of the equipment not meeting applicable
voluntary consensus standards.
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(g) COORDINATION.—In establishing and conducting programs
under this section, the Administrator shall take full advantage of
applicable technological developments made by other departments
and agencies of the Federal Government, by State and local governments, and by business, industry, and nonprofit associations.
(h) PUBLICATION OF RESEARCH RESULTS.—
(1) IN GENERAL.—For each fire-related research program
funded by the Administration, the Administrator shall make
available to the public on the Internet website of the Administration the following:
(A) A description of such research program, including
the scope, methodology, and goals thereof.
(B) Information that identifies the individuals or institutions conducting the research program.
(C) The amount of funding provided by the Administration for such program.
(D) The results or findings of the research program.
(2) DEADLINES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the information required by paragraph (1) shall be
published with respect to a research program as follows:
(i) The information described in subparagraphs
(A), (B), and (C) of paragraph (1) with respect to such
research program shall be made available under paragraph (1) not later than 30 days after the Administrator has awarded the funding for such research program.
(ii) The information described in subparagraph (D)
of paragraph (1) with respect to a research program
shall be made available under paragraph (1) not later
than 60 days after the date such research program has
been completed.
(B) EXCEPTION.—No information shall be required to
be published under this subsection before the date that is
1 year after the date of the enactment of the United States
Fire Administration Reauthorization Act of 2008.
(15 U.S.C. 2207)
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;
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(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, 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;
(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 waterborne 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.
(c) DISSEMINATION.—The Administrator shall insure dissemination to the maximum extent possible of fire data collected and developed by the Data Center, and shall make sure 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.
(15 U.S.C. 2208)
MASTER PLANS

SEC. 10. (a) GENERAL.—The establishment of master plans for
fire prevention and control are the responsibility of the States and
the political subdivisions thereof. The Administrator is authorized
to encourage and assist such States and political subdivisions in
such planning activities, consistent with his powers and duties
under this Act.
(b) MUTUAL AID SYSTEMS.—
(1) IN GENERAL.—The Administrator shall provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for
dealing with national emergencies that—
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(A) include threat assessment and equipment deployment strategies;
(B) include means of collecting asset and resource information to provide accurate and timely data for regional
deployment; and
(C) are consistent with the Federal Response Plan.
(2) MODEL MUTUAL AID PLANS.—The Administrator shall
develop and make available to State and local fire service officials model mutual aid plans for both intrastate and interstate
assistance.
(c) DEFINITION.—For the purposes of this section, a ‘‘master
plan’’ is one which will result in the planning and implementation
in the area involved of a general program of action for fire prevention and control. Such master plan is reasonably expected to include (1) a survey of the resources and personnel of existing fire
services and an analysis of the effectiveness of the fire and building
codes in such area; (2) an analysis of short and long term fire prevention and control needs in such area; (3) a plan to meet the fire
prevention and control needs in such area; and (4) an estimate of
cost and realistic plans for financing the implementation of the
plan and operation on a continuing basis and a summary of problems that are anticipated in implementing such master plan.
(15 U.S.C. 2209)
REIMBURSEMENT FOR COSTS OF FIREFIGHTING ON FEDERAL PROPERTY

SEC. 11. (a) CLAIM.—Each fire service that engages in the
fighting of a fire on property which is under the jurisdiction of the
United States may file a claim with the Administrator for the
amount of direct expenses and direct losses incurred by such fire
service as a result of fighting such fire. The claim shall include
such supporting information as the Administrator may prescribe.
(b) DETERMINATION.—Upon receipt of a claim filed under subsection (a) of this section, the Administrator shall determine—
(1) what payments, if any, to the fire service or its parent
jurisdiction, including taxes or payments in lieu of taxes, the
United States has made for the support of fire services on the
property in question;
(2) the extent to which the fire service incurred additional
firefighting costs, over and above its normal operating costs, in
connection with the fire which is the subject of the claim; and
(3) the amount, if any, of the additional costs referred to
in paragraph (2) of this subsection which were not adequately
covered by the payments referred to in paragraph (1) of this
subsection;
(c) PAYMENT.—The Adminstrator of FEMA shall forward the
claim and a copy of the Administrator’s determination under subsection (b)(3) of this section to the Secretary of the Treasury. The
Secretary of the Treasury shall, upon receipt of the claim and determination, pay such fire service or its parent jurisdiction, from
any moneys in the Treasury not otherwise appropriated but subject
to reimbursement (from any appropriations which may be available
or which may be made available for the purpose) by the Federal
department or agency under whose jurisdiction the fire occurred, a
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sum no greater than the amount determined with respect to the
claim under subsection (b)(3) of this section.
(d) ADJUDICATION.—In the case of a dispute arising in connection with a claim under this section, the United States Claims
Court shall have jurisdiction to adjudicate the claim and enter
judgment accordingly.
(15 U.S.C. 2210)
REVIEW OF CODES

SEC. 12. The Administrator is authorized to review, evaluate,
and suggest improvements in State and local fire prevention codes,
building codes, and any relevant Federal or private codes and regulations. In evaluating any such code or codes, the Administrator
shall consider the human impact of all code requirements, standards, or provisions in terms of comfort and habitability for residents or employees, as well as the fire prevention and control value
or potential of each such requirement, standard, or provision.
(15 U.S.C. 2211)
FIRE SAFETY EFFECTIVENESS STATEMENTS

SEC. 13. The Administrator is authorized to encourage owners
and managers of residential multiple-unit, commercial, industrial,
and transportation structures to prepare Fire Safety Effectiveness
Statements, pursuant to standards, forms, rules, and regulations to
be developed and issued by the Administrator.
(15 U.S.C. 2212)
ANNUAL CONFERENCE

SEC. 14. The Administrator is authorized to organize, or to participate in organizing, an annual conference on fire prevention and
control. He may pay, in whole or in part, the cost of such conference and the expenses of some or all of the participants. All of
the Nation’s fire services shall be eligible to send representatives
to each such conference to discuss, exchange ideas on, and participate in educational programs on new techniques in fire prevention
and control. Such conferences shall be open to the public.
(15 U.S.C. 2213)
PUBLIC SAFETY AWARDS

SEC. 15. (a) ESTABLISHMENT.—There is hereby established an
honorary award for the recognition of outstanding and distinguished service by public safety officers to be known as the Administrator’s Award For Distinguished Public Safety Service (‘‘Administrator’s Award’’).
(b) DESCRIPTION.—The Administrator’s Award shall be presented by the Adminstrator of FEMA or by the Attorney General
to public safety officers for distinguished service in the field of public safety.
(c) AWARD.—Each Administrator’s Award shall consist of an
appropriate citation.
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16
(d) REGULATIONS.—The Adminstrator of FEMA and the Attorney General are authorized and directed to issue jointly such regulations as may be necessary to carry out this section.
(e) DEFINITIONS.—As used in this section, the term ‘‘public
safety officer’’ means a person serving a public agency, with or
without compensation, as—
(1) a firefighter;
(2) a law enforcement officer, including a corrections or
court officer; or
(3) a civil defense officer.
(15 U.S.C. 2214)
ANNUAL REPORT

SEC. 16. The Adminstrator of FEMA shall report to the Congress and the President not later than ninety calendar days following the year ending September 30, 1980 and similarly each year
thereafter on all activities relating to fire prevention and control,
and all measures taken to implement and carry out this Act during
the preceding calendar year. Such report shall include, but need
not be limited to—
(a) a thorough appraisal, including statistical analysis, estimates, and long-term projections of the human and economic
losses due to fire;
(b) a survey and summary, in such detail as is deemed advisable, of the research and technology program undertaken or
sponsored pursuant to this Act;
(c) a summary of the activities of the Academy for the preceding 12 months, including, but not limited to—
(1) an explanation of the curriculum of study;
(2) a description of the standards of admission and
performance;
(3) the criteria for the awarding of degrees and certificates; and
(4) a statistical compilation of the number of students
attending the Academy and receiving degrees or certificates;
(d) a summary of the activities undertaken to assist the
Nation’s fire services;
(e) a summary of the public education programs undertaken;
(f) an analysis of the extent of participation in preparing
and submitting Fire Safety Effectiveness Statements;
(g) a summary of outstanding problems confronting the administration of this Act, in order of priority;
(h) such recommendations for additional legislation as are
deemed necessary or appropriate; and
(i) a summary of reviews, evaluations, and suggested improvements in State and local fire prevention and building
codes, fire services, and any relevant Federal or private codes,
regulations, and fire services.
(15 U.S.C. 2215)
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AUTHORIZATION OF APPROPRIATIONS

SEC. 17. (a) There are authorized to be appropriated to carry
out the foregoing provisions of this Act, except as otherwise specifically provided, with respect to the payment of claims, under section
11 of this Act, an amount not to exceed $25,210,000 for the fiscal
year ending September 30, 1980, which amount includes—
(1) $4,781,000 for programs which are recommended in the
report submitted to the Congress by the Administrator pursuant to section 24(b)(1);
(2) $9,430,000 for the National Academy for Fire Prevention and Control;
(3) $307,000 for adjustments required by law in salaries,
pay, retirement, and employee benefits;
(4) $500,000 for additional rural firefighting technical assistance and information activities;
(5) $500,000 for the study required by section 26 of this
Act; and
(6) $110,000 for the study required by section 27 of this
Act.
(b) There are authorized to be appropriated for the additional
administrative expenses of the Federal Emergency Management
Agency, which are related to this Act and which result from Reorganization Plan Numbered 3 of 1978 (submitted June 19, 1978) and
related Executive orders, an amount not to exceed $600,000 for the
fiscal year ending September 30, 1980.
(c) There are authorized to be appropriated to carry out this
Act, except as otherwise specifically provided with respect to the
payment of claims under section 11 this Act, an amount not to exceed $23,814,000 for the fiscal year ending September 30, 1981,
which amount includes—
(1) not less than $1,100,000 for the first year of a threeyear concentrated demonstration program of fire prevention
and control in two States with high fire death rates;
(2) not less than $2,575,000 for rural fire prevention and
control; and
(3) not less than $4,255,000 for research and development
for the activities under section 18 of this Act at the Fire Research Center of the National Bureau of Standards, of which
not less than $250,000 shall be available for adjustments required by law in salaries, pay, retirement, and employee benefits.
The funds authorized in paragraph (3) shall be in addition to funds
authorized in any other law for research and development at the
Fire Research Center.
(d) Except as otherwise specifically provided with respect to
the payment of claims under section 11 of this Act, to carry out the
purposes of this Act, there are authorized to be appropriated—
(1) $20,815,000 for the fiscal year ending September 30,
1982, and $23,312,800 for the fiscal year ending September 30,
1983, which amount shall include—
(A) such sums as may be necessary for the support of
research and development at the Fire Research Center of
the National Bureau of Standards under section 18 of this
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18
Act, which sums shall be in addition to those funds authorized to be appropriated under the National Bureau of
Standards Authorization Act for fiscal years 1981 and
1982; and
(B) $654,000 for the fiscal year ending September 30,
1982, and $732,480 for the fiscal year ending September
30, 1983, for executive direction by the Federal Emergency
Management Agency of program activities for which appropriations are authorized by this subsection; and
(2) such further sums as may be necessary in each of the
fiscal years ending September 30, 1982, and September 30,
1983, for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by paragraph (1) of this
subsection.
The funds authorized under section 18 shall be in addition to funds
authorized in any other law for research and development at the
Fire Research Center of the National Bureau of Standards.
(e) Except as otherwise specifically provided with respect to the
payment of claims under section 11 of this Act, to carry out the
purposes of this Act, there are authorized to be appropriated—
(1) $15,720,000 for the fiscal year ending September 30,
1984, and $20,983,000 for the fiscal year ending September 30,
1985; and
(2) such further sums as may be necessary in each of the
fiscal years ending September 30, 1984, and September 30,
1985, for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by paragraph (1) of this
subsection.
The funds authorized under this subsection shall be in addition to
funds authorized in any other law for research and development at
the Fire Research Center of the National Bureau of Standards.
(f) Except as otherwise specifically provided with respect to the
payment of claims under section 11 of this Act, to carry out the
purposes of this Act, there are authorized to be appropriated
$22,037,000 for the fiscal year ending September 30, 1986 and
$18,300,000 for the fiscal year ending September 30, 1987.
(g)(1) Except as otherwise specifically provided with respect to
the payment of claims under section 11 of this Act, there are authorized to be appropriated to carry out the purposes of this Act—
(A) $63,000,000 for fiscal year 2005, of which $2,266,000
shall be used to carry out section 8(f);
(B) $64,850,000 for fiscal year 2006, of which $2,334,000
shall be used to carry out section 8(f);
(C) $66,796,000 for fiscal year 2007, of which $2,404,000
shall be used to carry out section 8(f);
(D) $68,800,000 for fiscal year 2008, of which $2,476,000
shall be used to carry out section 8(f);
(E) $70,000,000 for fiscal year 2009, of which $2,520,000
shall be used to carry out section 8(f);
(F) $72,100,000 for fiscal year 2010, of which $2,595,600
shall be used to carry out section 8(f);
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19
(G) $74,263,000 for fiscal year 2011, of which $2,673,468
shall be used to carry out section 8(f);
(H) $76,490,890 for fiscal year 2012, of which $2,753,672
shall be used to carry out section 8(f);
(I) $76,490,890 for fiscal year 2013, of which $2,753,672
shall be used to carry out section 8(f);
(J) $76,490,890 for fiscal year 2014, of which $2,753,672
shall be used to carry out section 8(f);
(K) $76,490,890 for fiscal year 2015, of which $2,753,672
shall be used to carry out section 8(f);
(L) $76,490,890 for fiscal year 2016, of which $2,753,672
shall be used to carry out section 8(f); and
(M) $76,490,890 for fiscal year 2017, of which $2,753,672
shall be used to carry out section 8(f).
(2) Of the amount referred to in paragraph (1), not more than
$4,150,000 is authorized to be appropriated for each fiscal year for
National Emergency Training Center site administration.
(h) In addition to any other amounts that are authorized to be
appropriated to carry out this Act, there are authorized to be appropriated to carry out this Act—
(1) $500,000 for fiscal year 1995 for basic research on the
development of an advanced course on arson prevention;
(2) $2,000,000 for fiscal year 1996 for the expansion of
arson investigator training programs at the Academy under
section 24 and at the Federal Law Enforcement Training Center, or through regional delivery sites;
(3) $4,000,000 for each of fiscal years 1995 and 1996 for
carrying out section 25, except for salaries and expenses for
carrying out section 25; and
(4) $250,000 for each of the fiscal years 1995 and 1996 for
salaries and expenses for carrying out section 25.
(15 U.S.C. 2216)
FIRE RESEARCH CENTER

SEC. 18. 1
VICTIMS OF FIRE

SEC. 19. (a) PROGRAM.—The Secretary of Health, Education,
and Welfare shall establish, within the National Institutes of
Health and in cooperation with the Adminstrator of FEMA, an expanded program of research on burns, treatment of burn injuries,
and rehabilitation of victims of fires. The National Institutes of
Health shall—
(1) sponsor and encourage the establishment throughout
the Nation of twenty-five additional burn centers, which shall
comprise separate hospital facilities providing specialized burn
treatment and including research and teaching programs, and
twenty-five additional burn units, which shall comprise specialized facilities in general hospitals used only for burn victims;
(2) provide training and continuing support of specialists
to staff the new burn centers and burn units;
1 Section 18 amended the National Institute of Standards and Technology Act, which is shown
elsewhere in this compilation.

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(3) sponsor and encourage the establishment of ninety
burn programs in general hospitals which comprise staffs of
burn injury specialists;
(4) provide special training in emergency care for burn victims;
(5) augment sponsorship of research on burns and burn
treatment;
(6) administer and support a systematic program of research concerning smoke inhalation injuries; and
(7) sponsor and support other research and training programs in the treatment and rehabilitation of burn injury victims.
(b) AUTHORIZATION OF APPROPRIATION.—For purposes of this
section, there are authorized to be appropriated not to exceed
$5,000,000 for the fiscal year ending June 30, 1975 and not to exceed $8,000,000 for the fiscal year ending June 30, 1976.
(42 U.S.C. 290a)
PUBLIC ACCESS TO INFORMATION

SEC. 20. Copies of any document, report, statement, or information received or sent by the Adminstrator of FEMA or the Administrator shall be made available to the public pursuant to the
provisions of section 552 of title 5, United States Code: Provided,
That, notwithstanding the provisions of subsection (b) of such section and of section 1905 of title 18, United States Code, the
Adminstrator of FEMA may disclose information which concerns or
relates to a trade secret—
(1) upon request, to other Federal Government departments and agencies for official use;
(2) upon request, to any committee of Congress having jurisdiction over the subject matter to which the information relates;
(3) in any judicial proceeding under a court order formulated to preserve the confidentiality of such information without impairing the proceedings; and
(4) to the public when he determines such disclosure to be
necessary in order to protect health and safety after notice and
opportunity for comment in writing or for discussion in closed
session within fifteen days by the party to which the information pertains (if the delay resulting from such notice and opportunity for comment would not be detrimental to health and
safety).
(15 U.S.C. 2217)
ADMINISTRATIVE PROVISIONS

SEC. 21. (a) ASSISTANCE.—Each department, agency, and instrumentality of the executive branch of the Federal Government
and each independent regulatory agency of the United States is authorized and directed to furnish to the Administrator, upon written
request, on a reimbursable basis or otherwise, such assistance as
the Administrator deems necessary to carry out his functions and
duties pursuant to this Act, including, but not limited to, transfer
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of personnel with their consent and without prejudice to their position and ratings.
(b) POWERS.—With respect to this Act, the Administrator is authorized to—
(1) enter into, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5) such contracts,
grants, leases, cooperative agreements, or other transactions as
may be necessary to carry out the provisions of this Act;
(2) accept gifts and voluntary and uncompensated services,
notwithstanding the provisions of section 3679 of the Revised
Statutes (31 U.S.C. 665(b));
(3) purchase, lease, or otherwise acquire, own, hold, improve, use, or deal in and with any property (real, personal, or
mixed, tangible or intangible), or interest in property, wherever situated; and sell, convey, mortgage, pledge, lease, exchange, or otherwise dispose of property and assets;
(4) procure temporary and intermittent services to the
same extent as is authorized under section 3109 of title 5,
United States Code, but at rates not to exceed the daily equivalent of the maximum annual rate of basic pay then in effect
for grade GS–15 of the General Schedule (5 U.S.C. 5332(a)) for
qualified experts; and
(5) establish such rules, regulations, and procedures as are
necessary to carry out the provisions of this Act.
(c) AUDIT.—The Adminstrator of FEMA and the Comptroller
General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers,
and records of the recipients of contracts, grants, or other forms of
assistance that are pertinent to its activities under this Act for the
purpose of audit or to determine if a proposed activity is in the
public interest.
(d) INVENTIONS AND DISCOVERIES.—All property rights with respect to inventions and discoveries, which are made in the course
of or under contract with any government agency pursuant to this
Act, shall be subject to the basic policies set forth in the President’s
Statement of Government Patent Policy issued August 23, 1971, or
such revisions of that statement of policy as may subsequently be
promulgated and published in the Federal Register.
(e) COORDINATION.—
(1) IN GENERAL.—To the extent practicable, the Administrator shall use existing programs, data, information, and facilities already available in other Federal Government departments and agencies and, where appropriate, existing research
organizations, centers, and universities.
(2) COORDINATION OF FIRE PREVENTION AND CONTROL PROGRAMS.—The Administrator shall provide liaison at an appropriate organizational level to assure coordination of the activities of the Administrator with Federal, State, and local government agencies and departments and nongovernmental organizations concerned with any matter related to programs of fire
prevention and control.
(3) COORDINATION OF EMERGENCY MEDICAL SERVICES PROGRAMS.—The Administrator shall provide liaison at an appropriate organizational level to assure coordination of the activiJanuary 28, 2013

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ties of the Administrator related to emergency medical services
provided by fire service-based systems with Federal, State, and
local government agencies and departments and nongovernmental organizations so concerned, as well as those entities
concerned with emergency medical services generally.
(15 U.S.C. 2218)
ASSISTANCE TO CONSUMER PRODUCT SAFETY COMMISSION

SEC. 22. Upon request, the Administrator shall assist the Consumer Product Safety Commission in the development of fire safety
standards or codes for consumer products, as defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
(15 U.S.C. 2219)

*

*

*

*

*

*

*

FEDERAL PROGRAMS TO COMBAT ARSON

SEC. 24. The Administrator shall—
(1) develop arson detection techniques to assist Federal
agencies and States and local jurisdictions in improving arson
prevention, detection, and control;
(2) provide training and instructional materials in the
skills and knowledge necessary to assist Federal, State, and
local fire service and law enforcement personnel in arson prevention, detection, and control, with particular emphasis on
the needs of volunteer firefighters for improved and more widely available arson training courses;
(3) formulate methods for collection of arson data which
would be compatible with methods of collection used for the
uniform crime statistics of the Federal Bureau of Investigation;
(4) develop and implement programs for improved collection of nationwide arson statistics within the National Fire Incident Reporting System at the National Fire Data Center;
(5) develop programs for public education on the extent,
causes, and prevention of arson; and
(6) develop handbooks to assist Federal, State, and local
fire service and law enforcement personnel in arson prevention
and detention.
(15 U.S.C. 2220)
SEC. 25. ARSON PREVENTION GRANTS.
(a) DEFINITIONS.—As used in this section:
(1) ARSON.—The term ‘‘arson’’ includes

all incendiary and
suspicious fires.
(2) OFFICE.—The term ‘‘Office’’ means the Office of Fire
Prevention and Arson Control of the United States Fire Administration.
(b) GRANTS.—The Administrator, acting through the Office,
shall carry out a demonstration program under which not more
than 10 grant awards shall be made to States, or consortia of
States, for programs relating to arson research, prevention, and
control.
(c) GOALS.—In carrying out this section, the Administrator
shall award 2-year grants on a competitive, merit basis to States,

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or consortia of States, for projects that promote one or more of the
following goals:
(1) To improve the training by States leading to professional certification of arson investigators, in accordance with
nationally recognized certification standards.
(2) To provide resources for the formation of arson task
forces or interagency organizational arrangements involving
police and fire departments and other relevant local agencies,
such as a State arson bureau and the office of a fire marshal
of a State.
(3) To combat fraud as a cause of arson and to advance research at the State and local levels on the significance and prevention of fraud as a motive for setting fires.
(4) To provide for the management of arson squads, including—
(A) training courses for fire departments in arson case
management, including standardization of investigative
techniques and reporting methodology;
(B) the preparation of arson unit management guides;
and
(C) the development and dissemination of new public
education materials relating to the arson problem.
(5) To combat civil unrest as a cause of arson and to advance research at the State and local levels on the prevention
and control of arson linked to urban disorders.
(6) To combat juvenile arson, such as juvenile fire-setter
counseling programs and similar intervention programs, and to
advance research at the State and local levels on the prevention of juvenile arson.
(7) To combat drug-related arson and to advance research
at the State and local levels on the causes and prevention of
drug-related arson.
(8) To combat domestic violence as a cause of arson and to
advance research at the State and local levels on the prevention of arson arising from domestic violence.
(9) To combat arson in rural areas and to improve the capability of firefighters to identify and prevent arson initiated
fires in rural areas and public forests.
(10) To improve the capability of firefighters to identify
and combat arson through expanded training programs, including—
(A) training courses at the State fire academies; and
(B) innovative courses developed with the Academy
and made available to volunteer firefighters through regional delivery methods, including teleconferencing and
satellite delivered television programs.
(d) STRUCTURING OF APPLICATIONS.—The Administrator shall
assist grant applicants in structuring their applications so as to ensure that at least one grant is awarded for each goal described in
subsection (c).
(e) STATE QUALIFICATION CRITERIA.—In order to qualify for a
grant under this section, a State, or consortium of States, shall provide assurances adequate to the Administrator that the State or
consortium—
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(1) will obtain at least 25 percent of the cost of programs
funded by the grant, in cash or in kind, from non-Federal
sources;
(2) will not as a result of receiving the grant decrease the
prior level of spending of funds of the State or consortium from
non-Federal sources for arson research, prevention, and control
programs;
(3) will use no more than 10 percent of funds provided
under the grant for administrative costs of the programs; and
(4) is making efforts to ensure that all local jurisdictions
will provide arson data to the National Fire Incident Reporting
System or the Uniform Crime Reporting program.
(f) EXTENSION.—A grant awarded under this section may be extended for one or more additional periods, at the discretion of the
Administrator, subject to the availability of appropriations.
(g) TECHNICAL ASSISTANCE.—The Administrator shall provide
technical assistance to States in carrying out programs funded by
grants under this section.
(h) CONSULTATION AND COOPERATION.—In carrying out this
section, the Administrator shall consult and cooperate with other
Federal agencies to enhance program effectiveness and avoid duplication of effort, including the conduct of regular meetings initiated
by the Administrator with representatives of other Federal agencies concerned with arson and concerned with efforts to develop a
more comprehensive profile of the magnitude of the national arson
problem.
(i) ASSESSMENT.—Not later than 18 months after the date of
enactment of this subsection, the Administrator shall submit a report to Congress that—
(1) identifies grants made under this section;
(2) specifies the identity of grantees;
(3) states the goals of each grant; and
(4) contains a preliminary assessment of the effectiveness
of the grant program under this section.
(j) REGULATIONS.—Not later than 90 days after the date of enactment of this subsection, the Administrator shall issue regulations to implement this section, including procedures for grant applications.
(k) ADMINISTRATION.—The Administrator shall directly administer the grant program required by this section, and shall not
enter into any contract under which the grant program or any portion of the program will be administered by another party.
(l) PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
any recipient of a grant under this section should purchase,
when available and cost-effective, American made equipment
and products when expending grant monies.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In allocating
grants under this section, the Administrator shall provide to
each recipient a notice describing the statement made in paragraph (1) by the Congress.
(15 U.S.C. 2221)
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øSEC. 26. Repealed by section 110(a)(1)(B) of P.L. 106–503 (114
Stat. 2302).¿
øSEC. 27. Repealed by section 110(a)(1)(B) of P.L. 106–503 (114
Stat. 2302).¿
LISTINGS OF PLACES OF PUBLIC ACCOMMODATION

SEC. 28. (a) SUBMISSIONS BY STATES.—(1) Not later than 2
years after the date of enactment of this section, each State (acting
through its Governor or the Governor’s designee) shall, under procedures formulated by the Adminstrator of FEMA, submit to the
Adminstrator of FEMA a list of those places of public accommodation affecting commerce located in the State which meet the requirements of the guidelines described in section 29.
(2) The Adminstrator of FEMA shall formulate procedures
under which each State (acting through its Governor or the Governor’s designee) shall periodically update the list submitted pursuant to paragraph (1).
(b) COMPILATION AND DISTRIBUTION OF MASTER LIST.—(1) Not
later than 60 days after the expiration of the 2-year period referred
to in subsection (a), the Adminstrator of FEMA shall compile and
publish in the Federal Register a national master list of all of the
places of public accommodation affecting commerce located in each
State that meet the requirements of the guidelines described in
section 29, and shall distribute such list to each agency of the Federal Government and take steps to make the employees of such
agencies aware of its existence and contents.
(2) The Adminstrator of FEMA shall periodically update the
national master list compiled pursuant to paragraph (1) to reflect
changes in the State lists submitted to the Adminstrator of FEMA
pursuant to subsection (a), and shall periodically redistribute the
updated master list to each agency of the Federal Government.
(3) For purposes of this subsection, the term ‘‘agency’’ has the
meaning given to it under section 5701(1) of title 5, United States
Code.
(15 U.S.C. 2224)
FIRE PREVENTION AND CONTROL GUIDELINES FOR PLACES OF PUBLIC
ACCOMMODATION

SEC. 29. (a) CONTENTS OF GUIDELINES.—The guidelines referred to in sections 28 and 30 consist of—
(1) a requirement that hard-wired, single-station smoke
detectors be installed in accordance with National Fire Protection Association Standard 74 or any successor standard to that
standard in each guest room in each place of public accommodation affecting commerce; and
(2) a requirement that an automatic sprinkler system be
installed in accordance with National Fire Protection Association Standard 13 or 13–R, or any successor standard to that
standard, whichever is appropriate, in each place of public accommodation affecting commerce except those places that are
3 stories or lower.
(b) EXCEPTIONS.—(1) The requirement described in subsection
(a)(2) shall not apply to a place of public accommodation affecting
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commerce with an automatic sprinkler system installed before October 25, 1992, if the automatic sprinkler system is installed in
compliance with an applicable standard (adopted by the governmental authority having jurisdiction, and in effect, at the time of
installation) that required the placement of a sprinkler head in the
sleeping area of each guest room.
(2) The requirement described in subsection (a)(2) shall not
apply to a place of public accommodation affecting commerce to the
extent that such place of public accommodation affecting commerce
is subject to a standard that includes a requirement or prohibition
that prevents compliance with a provision of National Fire Protection Association Standard 13 or 13–R, or any successor standard to
that standard. In such a case, the place of public accommodation
affecting commerce is exempt only from that specific provision.
(c) EFFECT ON STATE AND LOCAL LAW.—The provisions of this
section shall not be construed to limit the power of any State or
political subdivision thereof to implement or enforce any law, rule,
regulation, or standard concerning fire prevention and control.
(d) DEFINITIONS.—For purposes of this section, the following
definitions shall apply:
(1) The term ‘‘smoke detector’’ means an alarm that is designed to respond to the presence of visible or invisible particles of combustion.
(2) The term ‘‘automatic sprinkler system’’ means an electronically supervised, integrated system of piping to which
sprinklers are attached in a systematic pattern, and which,
when activated by heat from a fire, will protect human lives
by discharging water over the fire area, and by providing appropriate warning signals (to the extent such signals are required by Federal, State, or local laws or regulations) through
the building’s fire alarm system.
(3) The term ‘‘governmental authority having jurisdiction’’
means the Federal, State, local, or other governmental entity
with statutory or regulatory authority for the approval of fire
safety systems, equipment, installations, or procedures within
a specified locality.
(15 U.S.C. 2225)
DISSEMINATION OF FIRE PREVENTION AND CONTROL INFORMATION

SEC. 30. The Adminstrator of FEMA, acting through the Administrator, is authorized to take steps to encourage the States to
promote the use of automatic sprinkler systems and automatic
smoke detection systems, and to disseminate to the maximum extent possible information on the life safety value and use of such
systems. Such steps may include, but need not be limited to, providing copies of the guidelines described in section 29 and of the
master list compiled under section 28(b) to Federal agencies, State
and local governments, and fire services throughout the United
States, and making copies of the master list compiled under section
28(b) available upon request to interested private organizations
and individuals.
(15 U.S.C. 2226)
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SEC. 31. FIRE SAFETY SYSTEMS IN FEDERALLY ASSISTED BUILDINGS.
(a) DEFINITIONS.—For purposes of this section, the following

definitions apply:
(1) The term ‘‘affordable cost’’ means the cost to a Federal
agency of leasing office space in a building that is protected by
an automatic sprinkler system or equivalent level of safety,
which cost is no more than 10 percent greater than the cost of
leasing available comparable office space in a building that is
not so protected.
(2) The term ‘‘automatic sprinkler system’’ means an electronically supervised, integrated system of piping to which
sprinklers are attached in a systematic pattern, and which,
when activated by heat from a fire—
(A) will protect human lives by discharging water over
the fire area, in accordance with the National Fire Protection Association Standard 13, 13D, or 13R, whichever is
appropriate for the type of building and occupancy being
protected, or any successor standard thereto; and
(B) includes an alarm signaling system with appropriate warning signals (to the extent such alarm systems
and warning signals are required by Federal, State, or
local laws or regulations) installed in accordance with the
National Fire Protection Association Standard 72, or any
successor standard thereto.
(3) The term ‘‘equivalent level of safety’’ means an alternative design or system (which may include automatic sprinkler systems), based upon fire protection engineering analysis,
which achieves a level of safety equal to or greater than that
provided by automatic sprinkler systems.
(4) The term ‘‘Federal employee office building’’ means any
office building in the United States, whether owned or leased
by the Federal Government, that is regularly occupied by more
than 25 full-time Federal employees in the course of their employment.
(5) The term ‘‘housing assistance’’—
(A) means assistance provided by the Federal Government to be used in connection with the provision of housing, that is provided in the form of a grant, contract, loan,
loan guarantee, cooperative agreement, interest subsidy,
insurance, or direct appropriation; and
(B) does not include assistance provided by the
Secretary of Veterans Affairs; the Federal Emergency
Management Agency; the Secretary of Housing and Urban
Development under the single family mortgage insurance
programs under the National Housing Act or the homeownership assistance program under section 235 of such
Act; the National Homeownership Trust; the Federal Deposit Insurance Corporation under the affordable housing
program under section 40 of the Federal Deposit Insurance
Act; or the Resolution Trust Corporation under the affordable housing program under section 21A(c) of the Federal
Home Loan Bank Act.
(6) The term ‘‘hazardous areas’’ means those areas in a
building referred to as hazardous areas in National Fire ProJanuary 28, 2013

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28
tection Association Standard 101, known as the Life Safety
Code, or any successor standard thereto.
(7) The term ‘‘multifamily property’’ means—
(A) in the case of housing for Federal employees or
their dependents, a residential building consisting of more
than 2 residential units that are under one roof; and
(B) in any other case, a residential building consisting
of more than 4 residential units that are under one roof.
(8) The term ‘‘prefire plan’’ means specific plans for fire
fighting activities at a property or location.
(9) The term ‘‘rebuilding’’ means the repairing or reconstructing of portions of a multifamily property where the cost
of the alterations is 70 percent or more of the replacement cost
of the completed multifamily property, not including the value
of the land on which the multifamily property is located.
(10) The term ‘‘renovated’’ means the repairing or reconstructing of 50 percent or more of the current value of a Federal employee office building, not including the value of the
land on which the Federal employee office building is located.
(11) The term ‘‘smoke detectors’’ means single or multiple
station, self-contained alarm devices designed to respond to the
presence of visible or invisible particles of combustion, installed in accordance with the National Fire Protection Association Standard 74 or any successor standard thereto.
(12) The term ‘‘United States’’ means the States collectively.
(b) FEDERAL EMPLOYEE OFFICE BUILDINGS.—(1)(A) No Federal
funds may be used for the construction or purchase of a Federal
employee office building of 6 or more stories unless during the period of occupancy by Federal employees the building is protected by
an automatic sprinkler system or equivalent level of safety. No
Federal funds may be used for the construction or purchase of any
other Federal employee office building unless during the period of
occupancy by Federal employees the hazardous areas of the building are protected by automatic sprinkler systems or an equivalent
level of safety.
(B)(i) Except as provided in clause (ii), no Federal funds may
be used for the lease of a Federal employee office building of 6 or
more stories, where at least some portion of the federally leased
space is on the sixth floor or above and at least 35,000 square feet
of space is federally occupied, unless during the period of occupancy
by Federal employees the entire Federal employee office building is
protected by an automatic sprinkler system or equivalent level of
safety. No Federal funds may be used for the lease of any other
Federal employee office building unless during the period of occupancy by Federal employees the hazardous areas of the entire Federal employee office building are protected by automatic sprinkler
systems or an equivalent level of safety.
(ii) The first sentence of clause (i) shall not apply to the lease
of a building the construction of which is completed before the date
of enactment of this section if the leasing agency certifies that no
suitable building with automatic sprinkler systems or an equivalent level of safety is available at an affordable cost.
(2) Paragraph (1) shall not apply to—
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29
(A) a Federal employee office building that was owned by
the Federal Government before the date of enactment of this
section;
(B) space leased in a Federal employee office building if
the space was leased by the Federal Government before such
date of enactment;
(C) space leased on a temporary basis for not longer than
6 months;
(D) a Federal employee office building that becomes a Federal employee office building pursuant to a commitment to
move Federal employees into the building that is made prior
to such date of enactment; or
(E) a Federal employee office building that is owned or
managed by the Resolution Trust Corporation.
Nothing in this subsection shall require the installation of an automatic sprinkler system or equivalent level of safety by reason of
the leasing, after such date of enactment, of space below the sixth
floor in a Federal employee office building.
(3) No Federal funds may be used for the renovation of a Federal employee office building of 6 or more stories that is owned by
the Federal Government unless after that renovation the Federal
employee office building is protected by an automatic sprinkler system or equivalent level of safety. No Federal funds may be used for
the renovation of any other Federal employee office building that
is owned by the Federal Government unless after that renovation
the hazardous areas of the Federal employee office building are
protected by automatic sprinkler systems or an equivalent level of
safety.
(4) No Federal funds may be used for entering into or renewing
a lease of a Federal employee office building of 6 or more stories
that is renovated after the date of enactment of this section, where
at least some portion of the federally leased space is on the sixth
floor or above and at least 35,000 square feet of space is federally
occupied, unless after that renovation the Federal employee office
building is protected by an automatic sprinkler system or equivalent level of safety. No Federal funds may be used for entering into
or renewing a lease of any other Federal employee office building
that is renovated after such date of enactment of this section, unless after that renovation the hazardous areas of the Federal employee office building are protected by automatic sprinkler systems
or an equivalent level of safety.
(c) HOUSING.—(1)(A) Except as otherwise provided in this paragraph, no Federal funds may be used for the construction, purchase, lease, or operation by the Federal Government of housing in
the United States for Federal employees or their dependents unless—
(i) in the case of a multifamily property acquired or rebuilt
by the Federal Government after the date of enactment of this
section, the housing is protected, before occupancy by Federal
employees or their dependents, by an automatic sprinkler system (or equivalent level of safety) and hard-wired smoke detectors; and
(ii) in the case of any other housing, the housing, before—
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(I) occupancy by the first Federal employees (or their
dependents) who do not occupy such housing as of such
date of enactment; or
(II) the expiration of 3 years after such date of
enactment,
whichever occurs first, is protected by hard-wired smoke
detectors.
(B) Nothing in this paragraph shall be construed to supersede
any guidelines or requirements applicable to housing for Federal
employees that call for a higher level of fire safety protection than
is required under this paragraph.
(C) Housing covered by this paragraph that does not have an
adequate and reliable electrical system shall not be subject to the
requirement under subparagraph (A) for protection by hard-wired
smoke detectors, but shall be protected by battery operated smoke
detectors.
(D) If funding has been programmed or designated for the
demolition of housing covered by this paragraph, such housing
shall not be subject to the fire protection requirements of subparagraph (A), but shall be protected by battery operated smoke
detectors.
(2)(A)(i) Housing assistance may not be used in connection
with any newly constructed multifamily property, unless after the
new construction the multifamily property is protected by an automatic sprinkler system and hard-wired smoke detectors.
(ii) For purposes of clause (i), the term ‘‘newly constructed multifamily property’’ means a multifamily property of 4 or more stories above ground level—
(I) that is newly constructed after the date of enactment
of this section; and
(II) for which (a) housing assistance is used for such new
construction, or (b) a binding commitment is made, before commencement of such construction, to provide housing assistance
for the newly constructed property.
(iii) Clause (i) shall not apply to any multifamily property for
which, before such date of enactment, a binding commitment is
made to provide housing assistance for the new construction of the
property or for the newly constructed property.
(B)(i) Except as provided in clause (ii), housing assistance may
not be used in connection with any rebuilt multifamily property,
unless after the rebuilding the multifamily property complies with
the chapter on existing apartment buildings of National Fire Protection Association Standard 101 (known as the Life Safety Code)
or any successor standard to that standard, as in effect at the earlier of (I) the time of any approval by the Department of Housing
and Urban Development of the specific plan or budget for rebuilding, or (II) the time that a binding commitment is made to provide
housing assistance for the rebuilt property.
(ii) If any rebuilt multifamily property is subject to, and in
compliance with, any provision of a State or local fire safety standard or code that prevents compliance with a specific provision of
National Fire Protection Association Standard 101 or any successor
standard to that standard, the requirement under clause (i) shall
not apply with respect to such specific provision.
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(iii) For purposes of this subparagraph, the term ‘‘rebuilt multifamily property’’ means a multifamily property of 4 or more stories
above ground level—
(I) that is rebuilt after the last day of the second fiscal
year that ends after the date of enactment of this section; and
(II) for which (a) housing assistance is used for such rebuilding, or (b) a binding commitment is made, before commencement of such rebuilding, to provide housing assistance
for the rebuilt property.
(C) After the expiration of the 180-day period beginning on the
date of enactment of this section, housing assistance may not be
used in connection with any other dwelling unit, unless the unit is
protected by a hard-wired or battery-operated smoke detector. For
purposes of this subparagraph, housing assistance shall be considered to be used in connection with a particular dwelling unit only
if such assistance is provided (i) for the particular unit, in the case
of assistance provided on a unit-by-unit basis, or (ii) for the multifamily property in which the unit is located, in the case of assistance provided on a structure-by-structure basis.
(d) REGULATIONS.—The Administrator of General Services, in
cooperation with the United States Fire Administration, the National Institute of Standards and Technology, and the Department
of Defense, within 2 years after the date of enactment of this section, shall promulgate regulations to further define the term
‘‘equivalent level of safety’’, and shall, to the extent practicable,
base those regulations on nationally recognized codes.
(e) STATE AND LOCAL AUTHORITY NOT LIMITED.—Nothing in
this section shall be construed to limit the power of any State or
political subdivision thereof to implement or enforce any law, rule,
regulation, or standard that establishes requirements concerning
fire prevention and control. Nothing in this section shall be construed to reduce fire resistance requirements which otherwise
would have been required.
(f) PREFIRE PLAN.—The head of any Federal agency that owns,
leases, or operates a building or housing unit with Federal funds
shall invite the local agency or voluntary organization having responsibility for fire protection in the jurisdiction where the building
or housing unit is located to prepare, and biennially review, a
prefire plan for the building or housing unit.
(g) REPORTS TO CONGRESS.—(1) Within 3 years after the date
of enactment of this section, and every 3 years thereafter, the Administrator of General Services shall transmit to Congress a report
on the level of fire safety in Federal employee office buildings subject to fire safety requirements under this section. Such report
shall contain a description of such buildings for each Federal agency.
(2) Within 10 years after the date of enactment of this section,
each Federal agency providing housing to Federal employees or
housing assistance shall submit a report to Congress on the
progress of that agency in implementing subsection (c) and on
plans for continuing such implementation.
(3)(A) The National Institute of Standards and Technology
shall conduct a study and submit a report to Congress on the use,
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in combination, of fire detection systems, fire suppression systems,
and compartmentation. Such study shall—
(i) quantify performance and reliability for fire detection
systems, fire suppression systems, and compartmentation, including a field assessment of performance and determination of
conditions under which a reduction or elimination of 1 or more
of those systems would result in an unacceptable risk of fire
loss; and
(ii) include a comparative analysis and compartmentation
using fire resistive materials and compartmentation using noncombustible materials.
(B) The National Institute of Standards and Technology shall
obtain funding from non-Federal sources in an amount equal to 25
percent of the cost of the study required by subparagraph (A).
Funding for the National Institute of Standards and Technology for
carrying out such study shall be derived from amounts otherwise
authorized to be appropriated, for the Building and Fire Research
Center at the National Institute of Standards and Technology, not
to exceed $750,000. The study shall commence until receipt of all
matching funds from non-Federal sources. The scope and extent of
the study shall be determined by the level of project funding. The
Institute shall submit a report to Congress on the study within 30
months after the date of enactment of this section.
(h) RELATION TO OTHER REQUIREMENTS.—In the implementation of this section, the process for meeting space needs in urban
areas shall continue to give first consideration to a centralized community business area and adjacent areas of similar character to the
extent of any Federal requirement therefor.
(15 U.S.C. 2227)
SEC. 32. CPR TRAINING.

No funds shall be made available to a State or local government under section 25 unless such government has a policy to actively promote the training of its firefighters in cardiopulmonary
resuscitation.
(15 U.S.C. 2228)
SEC. 33. FIREFIGHTER ASSISTANCE.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR OF FEMA.—The

term ‘‘Administrator of
FEMA’’ means the Administrator of FEMA, acting through the
Administrator.
(2) AVAILABLE GRANT FUNDS.—The term ‘‘available grant
funds’’, with respect to a fiscal year, means those funds appropriated pursuant to the authorization of appropriations in subsection (q)(1) for such fiscal year less any funds used for administrative costs pursuant to subsection (q)(2) in such fiscal
year.
(3) CAREER FIRE DEPARTMENT.—The term ‘‘career fire department’’ means a fire department that has an all-paid force
of firefighting personnel other than paid-on-call firefighters.
(4) COMBINATION FIRE DEPARTMENT.—The term ‘‘combination fire department’’ means a fire department that has—
(A) paid firefighting personnel; and
(B) volunteer firefighting personnel.

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(5) FIREFIGHTING PERSONNEL.—The term ‘‘firefighting personnel’’ means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical
service personnel of fire departments.
(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(7) NONAFFILIATED EMS ORGANIZATION.—The term ‘‘nonaffiliated EMS organization’’ means a public or private nonprofit emergency medical services organization that is not affiliated with a hospital and does not serve a geographic area
in which the Administrator of FEMA finds that emergency
medical services are adequately provided by a fire department.
(8) PAID-ON-CALL.—The term ‘‘paid-on-call’’ with respect to
firefighting personnel means firefighting personnel who are
paid a stipend for each event to which they respond.
(9) VOLUNTEER FIRE DEPARTMENT.—The term ‘‘volunteer
fire department’’ means a fire department that has an all-volunteer force of firefighting personnel.
(b) ASSISTANCE PROGRAM.—
(1) AUTHORITY.—In accordance with this section, the Administrator of FEMA may award—
(A) assistance to firefighters grants under subsection
(c); and
(B) fire prevention and safety grants and other assistance under subsection (d).
(2) ADMINISTRATIVE ASSISTANCE.—The Administrator of
FEMA shall—
(A) establish specific criteria for the selection of grant
recipients under this section; and
(B) provide assistance with application preparation to
applicants for such grants.
(c) ASSISTANCE TO FIREFIGHTERS GRANTS.—
(1) IN GENERAL.—The Administrator of FEMA may, in consultation with the chief executives of the States in which the
recipients are located, award grants on a competitive basis directly to—
(A) fire departments, for the purpose of protecting the
health and safety of the public and firefighting personnel
throughout the United States against fire, fire-related, and
other hazards;
(B) nonaffiliated EMS organizations to support the
provision of emergency medical services; and
(C) State fire training academies for the purposes described in subparagraphs (G), (H), and (I) of paragraph (3).
(2) MAXIMUM GRANT AMOUNTS.—
(A) POPULATION.—The Administrator of FEMA may
not award a grant under this subsection in excess of
amounts as follows:
(i) In the case of a recipient that serves a jurisdiction with 100,000 people or fewer, the amount of the
grant awarded to such recipient shall not exceed
$1,000,000 in any fiscal year.
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(ii) In the case of a recipient that serves a jurisdiction with more than 100,000 people but not more than
500,000 people, the amount of the grant awarded to
such recipient shall not exceed $2,000,000 in any fiscal
year.
(iii) In the case of a recipient that serves a jurisdiction with more than 500,000 but not more than
1,000,000 people, the amount of the grant awarded to
such recipient shall not exceed $3,000,000 in any fiscal
year.
(iv) In the case of a recipient that serves a jurisdiction with more than 1,000,000 people but not more
than 2,500,000 people, the amount of the grant awarded to such recipient shall not exceed $6,000,000 for
any fiscal year.
(v) In the case of a recipient that serves a jurisdiction with more than 2,500,000 people, the amount of
the grant awarded to such recipient shall not exceed
$9,000,000 in any fiscal year.
(B) AGGREGATE.—
(i) IN GENERAL.—Notwithstanding subparagraphs
(A) and (B) and except as provided under clause (ii),
the Administrator of FEMA may not award a grant
under this subsection in a fiscal year in an amount
that exceeds the amount that is one percent of the
available grant funds in such fiscal year.
(ii) EXCEPTION.—The Administrator of FEMA may
waive the limitation in clause (i) with respect to a
grant recipient if the Administrator of FEMA determines that such recipient has an extraordinary need
for a grant in an amount that exceeds the limit under
clause (i).
(3) USE OF GRANT FUNDS.—Each entity receiving a grant
under this subsection shall use the grant for one or more of the
following purposes:
(A) To train firefighting personnel in—
(i) firefighting;
(ii) emergency medical services and other emergency response (including response to natural disasters, acts of terrorism, and other man-made disasters);
(iii) arson prevention and detection;
(iv) maritime firefighting; or
(v) the handling of hazardous materials.
(B) To train firefighting personnel to provide any of
the training described under subparagraph (A).
(C) To fund the creation of rapid intervention teams to
protect firefighting personnel at the scenes of fires and
other emergencies.
(D) To certify—
(i) fire inspectors; and
(ii) building inspectors—
(I) whose responsibilities include fire safety
inspections; and
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35
(II) who are employed by or serving as volunteers with a fire department.
(E) To establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel
are able to carry out their duties as firefighters, including
programs dedicated to raising awareness of, and prevention of, job-related mental health issues.
(F) To fund emergency medical services provided by
fire departments and nonaffiliated EMS organizations.
(G) To acquire additional firefighting vehicles, including fire trucks and other apparatus.
(H) To acquire additional firefighting equipment, including equipment for—
(i) fighting fires with foam in remote areas without access to water; and
(ii) communications, monitoring, and response to a
natural disaster, act of terrorism, or other man-made
disaster, including the use of a weapon of mass destruction.
(I) To acquire personal protective equipment, including
personal protective equipment—
(i) prescribed for firefighting personnel by the Occupational Safety and Health Administration of the
Department of Labor; or
(ii) for responding to a natural disaster or act of
terrorism or other man-made disaster, including the
use of a weapon of mass destruction.
(J) To modify fire stations, fire training facilities, and
other facilities to protect the health and safety of firefighting personnel.
(K) To educate the public about arson prevention and
detection.
(L) To provide incentives for the recruitment and retention of volunteer firefighting personnel for volunteer
firefighting departments and other firefighting departments that utilize volunteers.
(M) To support such other activities, consistent with
the purposes of this subsection, as the Administrator of
FEMA determines appropriate.
(d) FIRE PREVENTION AND SAFETY GRANTS.—
(1) IN GENERAL.—For the purpose of assisting fire prevention programs and supporting firefighter health and safety research and development, the Administrator of FEMA may, on
a competitive basis—
(A) award grants to fire departments;
(B) award grants to, or enter into contracts or cooperative agreements with, national, State, local, tribal, or nonprofit organizations that are not fire departments and that
are recognized for their experience and expertise with respect to fire prevention or fire safety programs and activities and firefighter research and development programs,
for the purpose of carrying out—
(i) fire prevention programs; and
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36
(ii) research to improve firefighter health and life
safety; and
(C) award grants to institutions of higher education,
national fire service organizations, or national fire safety
organizations to establish and operate fire safety research
centers.
(2) MAXIMUM GRANT AMOUNT.—A grant awarded under
this subsection may not exceed $1,500,000 for a fiscal year.
(3) USE OF GRANT FUNDS.—Each entity receiving a grant
under this subsection shall use the grant for one or more of the
following purposes:
(A) To enforce fire codes and promote compliance with
fire safety standards.
(B) To fund fire prevention programs, including programs that educate the public about arson prevention and
detection.
(C) To fund wildland fire prevention programs, including education, awareness, and mitigation programs that
protect lives, property, and natural resources from fire in
the wildland-urban interface.
(D) In the case of a grant awarded under paragraph
(1)(C), to fund the establishment or operation of a fire safety research center for the purpose of significantly reducing
the number of fire-related deaths and injuries among firefighters and the general public through research, development, and technology transfer activities.
(E) To support such other activities, consistent with
the purposes of this subsection, as the Administrator of
FEMA determines appropriate.
(4) LIMITATION.—None of the funds made available under
this subsection may be provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations.
(e) APPLICATIONS FOR GRANTS.—
(1) IN GENERAL.—An entity seeking a grant under this section shall submit to the Administrator of FEMA an application
therefor in such form and in such manner as the Administrator
of FEMA determines appropriate.
(2) ELEMENTS.—Each application submitted under paragraph (1) shall include the following:
(A) A description of the financial need of the applicant
for the grant.
(B) An analysis of the costs and benefits, with respect
to public safety, of the use for which a grant is requested.
(C) An agreement to provide information to the national fire incident reporting system for the period covered
by the grant.
(D) A list of other sources of funding received by the
applicant—
(i) for the same purpose for which the application
for a grant under this section was submitted; or
(ii) from the Federal Government for other fire-related purposes.
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(E) Such other information as the Administrator of
FEMA determines appropriate.
(3) JOINT OR REGIONAL APPLICATIONS.—
(A) IN GENERAL.—Two or more entities may submit an
application under paragraph (1) for a grant under this section to fund a joint program or initiative, including acquisition of shared equipment or vehicles.
(B) NONEXCLUSIVITY.—Applications under this paragraph may be submitted instead of or in addition to any
other application submitted under paragraph (1).
(C) GUIDANCE.—The Administrator of FEMA shall—
(i) publish guidance on applying for and administering grants awarded for joint programs and initiatives described in subparagraph (A); and
(ii) encourage applicants to apply for grants for
joint programs and initiatives described in subparagraph (A) as the Administrator of FEMA determines
appropriate to achieve greater cost effectiveness and
regional efficiency.
(f) PEER REVIEW OF GRANT APPLICATIONS.—
(1) IN GENERAL.—The Administrator of FEMA shall, after
consultation with national fire service and emergency medical
services organizations, appoint fire service personnel to conduct peer reviews of applications received under subsection
(e)(1).
(2) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to activities carried out pursuant to this subsection.
(g) PRIORITIZATION OF GRANT AWARDS.—In awarding grants
under this section, the Administrator of FEMA shall consider the
following:
(1) The findings and recommendations of the peer reviews
carried out under subsection (f).
(2) The degree to which an award will reduce deaths, injuries, and property damage by reducing the risks associated
with fire-related and other hazards.
(3) The extent of the need of an applicant for a grant
under this section and the need to protect the United States
as a whole.
(4) The number of calls requesting or requiring a fire fighting or emergency medical response received by an applicant.
(h) ALLOCATION OF GRANT AWARDS.—In awarding grants under
this section, the Administrator of FEMA shall ensure that of the
available grant funds in each fiscal year—
(1) not less than 25 percent are awarded under subsection
(c) to career fire departments;
(2) not less than 25 percent are awarded under subsection
(c) to volunteer fire departments;
(3) not less than 25 percent are awarded under subsection
(c) to combination fire departments and fire departments using
paid-on-call firefighting personnel;
(4) not less than 10 percent are available for open competition among career fire departments, volunteer fire departments, combination fire departments, and fire departments
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38
using paid-on-call firefighting personnel for grants awarded
under subsection (c);
(5) not less than 10 percent are awarded under subsection
(d); and
(6) not more than 2 percent are awarded under this section
to nonaffiliated EMS organizations described in subsection
(c)(1)(B).
(i) ADDITIONAL REQUIREMENTS AND LIMITATIONS.—
(1) FUNDING FOR EMERGENCY MEDICAL SERVICES.—Not less
than 3.5 percent of the available grant funds for a fiscal year
shall be awarded under this section for purposes described in
subsection (c)(3)(F).
(2) STATE FIRE TRAINING ACADEMIES.—
(A) MAXIMUM SHARE.—Not more than 3 percent of the
available grant funds for a fiscal year may be awarded
under subsection (c)(1)(C).
(B) MAXIMUM GRANT AMOUNT.—The Administrator of
FEMA may not award a grant under subsection (c)(1)(C)
to a State fire training academy in an amount that exceeds
$1,000,000 in any fiscal year.
(3) AMOUNTS FOR PURCHASING FIREFIGHTING VEHICLES.—
Not more than 25 percent of the available grant funds for a fiscal year may be used to assist grant recipients to purchase vehicles pursuant to subsection (c)(3)(G).
(j) FURTHER CONSIDERATIONS.—
(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO FIRE DEPARTMENTS.—In considering applications for grants under subsection (c)(1)(A), the Administrator of FEMA shall consider—
(A) the extent to which the grant would enhance the
daily operations of the applicant and the impact of such a
grant on the protection of lives and property; and
(B) a broad range of factors important to the applicant’s ability to respond to fires and related hazards, such
as the following:
(i) Population served.
(ii) Geographic response area.
(iii) Hazards vulnerability.
(iv) Call volume.
(v) Financial situation, including unemployment
rate of the area being served.
(vi) Need for training or equipment.
(2) APPLICATIONS FROM NONAFFILIATED EMS ORGANIZATIONS.—In the case of an application submitted under subsection (e)(1) by a nonaffiliated EMS organization, the Administrator of FEMA shall consider the extent to which other
sources of Federal funding are available to the applicant to
provide the assistance requested in such application.
(3) AWARDING FIRE PREVENTION AND SAFETY GRANTS TO
CERTAIN ORGANIZATIONS THAT ARE NOT FIRE DEPARTMENTS.—In
the case of applicants for grants under this section who are described in subsection (d)(1)(B), the Administrator of FEMA
shall give priority to applicants who focus on—
(A) prevention of injuries to high risk groups from fire;
and
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39
(B) research programs that demonstrate a potential to
improve firefighter safety.
(4) AWARDING GRANTS FOR FIRE SAFETY RESEARCH CENTERS.—
(A) CONSIDERATIONS.—In awarding grants under subsection (d)(1)(C), the Administrator of FEMA shall—
(i) select each grant recipient on—
(I) the demonstrated research and extension
resources available to the recipient to carry out
the research, development, and technology transfer activities;
(II) the capability of the recipient to provide
leadership in making national contributions to fire
safety;
(III) the recipient’s ability to disseminate the
results of fire safety research; and
(IV) the strategic plan the recipient proposes
to carry out under the grant;
(ii) give special consideration in selecting recipients under subparagraph (A) to an applicant for a
grant that consists of a partnership between—
(I) a national fire service organization or a national fire safety organization; and
(II) an institution of higher education, including a minority-serving institution (as described in
section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a))); and
(iii) consider the research needs identified and
prioritized through the workshop required by subparagraph (B)(i).
(B) RESEARCH NEEDS.—
(i) IN GENERAL.—Not later than 90 days after the
date of the enactment of the Fire Grants Reauthorization Act of 2012, the Administrator of FEMA shall
convene a workshop of the fire safety research community, fire service organizations, and other appropriate
stakeholders to identify and prioritize fire safety research needs.
(ii) PUBLICATION.—The Administrator of FEMA
shall ensure that the results of the workshop are made
available to the public.
(C) LIMITATIONS ON GRANTS FOR FIRE SAFETY RESEARCH CENTERS.—
(i) IN GENERAL.—The Administrator of FEMA may
award grants under subsection (d) to establish not
more than 3 fire safety research centers.
(ii) RECIPIENTS.—An institution of higher education, a national fire service organization, and a national fire safety organization may not directly receive
a grant under subsection (d) for a fiscal year for more
than 1 fire safety research center.
(5) AVOIDING DUPLICATION.—The Administrator of FEMA
shall review lists submitted by applicants pursuant to subsection (e)(2)(D) and take such actions as the Administrator of
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40
FEMA considers necessary to prevent unnecessary duplication
of grant awards.
(k) MATCHING AND MAINTENANCE OF EXPENDITURE REQUIREMENTS.—
(1) MATCHING REQUIREMENT FOR ASSISTANCE TO FIREFIGHTERS GRANTS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), an applicant seeking a grant to carry out an activity
under subsection (c) shall agree to make available nonFederal funds to carry out such activity in an amount
equal to not less than 15 percent of the grant awarded to
such applicant under such subsection.
(B) EXCEPTION FOR ENTITIES SERVING SMALL COMMUNITIES.—In the case that an applicant seeking a grant to
carry out an activity under subsection (c) serves a jurisdiction of—
(i) more than 20,000 residents but not more than
1,000,000 residents, the application shall agree to
make available non-Federal funds in an amount equal
to not less than 10 percent of the grant awarded to
such applicant under such subsection; and
(ii) 20,000 residents or fewer, the applicant shall
agree to make available non-Federal funds in an
amount equal to not less than 5 percent of the grant
awarded to such applicant under such subsection.
(2) MATCHING REQUIREMENT FOR FIRE PREVENTION AND
SAFETY GRANTS.—
(A) IN GENERAL.—An applicant seeking a grant to
carry out an activity under subsection (d) shall agree to
make available non-Federal funds to carry out such activity in an amount equal to not less than 5 percent of the
grant awarded to such applicant under such subsection.
(B) MEANS OF MATCHING.—An applicant for a grant
under subsection (d) may meet the matching requirement
under subparagraph (A) through direct funding, funding of
complementary activities, or the provision of staff, facilities, services, material, or equipment.
(3) MAINTENANCE OF EXPENDITURES.—An applicant seeking a grant under subsection (c) or (d) shall agree to maintain
during the term of the grant the applicant’s aggregate expenditures relating to the uses described in subsections (c)(3) and
(d)(3) at not less than 80 percent of the average amount of
such expenditures in the 2 fiscal years preceding the fiscal
year in which the grant amounts are received.
(4) WAIVER.—
(A) IN GENERAL.—Except as provided in subparagraph
(C)(ii), the Administrator of FEMA may waive or reduce
the requirements of paragraphs (1), (2), and (3) in cases of
demonstrated economic hardship.
(B) GUIDELINES.—
(i) IN GENERAL.—The Administrator of FEMA
shall establish and publish guidelines for determining
what constitutes economic hardship for purposes of
this paragraph.
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41
(ii) CONSULTATION.—In developing guidelines
under clause (i), the Administrator of FEMA shall consult with individuals who are—
(I) recognized for expertise in firefighting,
emergency medical services provided by fire services, or the economic affairs of State and local governments; and
(II) members of national fire service organizations or national organizations representing the
interests of State and local governments.
(iii) CONSIDERATIONS.—In developing guidelines
under clause (i), the Administrator of FEMA shall consider, with respect to relevant communities, the following:
(I) Changes in rates of unemployment from
previous years.
(II) Whether the rates of unemployment of the
relevant communities are currently and have consistently exceeded the annual national average
rates of unemployment.
(III) Changes in percentages of individuals eligible to receive food stamps from previous years.
(IV) Such other factors as the Administrator
of FEMA considers appropriate.
(C) CERTAIN APPLICANTS FOR FIRE PREVENTION AND
SAFETY GRANTS.—The authority under subparagraph (A)
shall not apply with respect to a nonprofit organization
that—
(i) is described in subsection (d)(1)(B); and
(ii) is not a fire department or emergency medical
services organization.
(l) GRANT GUIDELINES.—
(1) GUIDELINES.—For each fiscal year, prior to awarding
any grants under this section, the Administrator of FEMA
shall publish in the Federal Register—
(A) guidelines that describe—
(i) the process for applying for grants under this
section; and
(ii) the criteria that will be used for selecting
grant recipients; and
(B) an explanation of any differences between such
guidelines and the recommendations obtained under paragraph (2).
(2) ANNUAL MEETING TO OBTAIN RECOMMENDATIONS.—
(A) IN GENERAL.—For each fiscal year, the Administrator of FEMA shall convene a meeting of qualified members of national fire service organizations and, at the discretion of the Administrator of FEMA, qualified members
of emergency medical service organizations to obtain recommendations regarding the following:
(i) Criteria for the awarding of grants under this
section.
(ii) Administrative changes to the assistance program established under subsection (b).
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42
(B) QUALIFIED MEMBERS.—For purposes of this paragraph, a qualified member of an organization is a member
who—
(i) is recognized for expertise in firefighting or
emergency medical services;
(ii) is not an employee of the Federal Government;
and
(iii) in the case of a member of an emergency medical service organization, is a member of an organization that represents—
(I) providers of emergency medical services
that are affiliated with fire departments; or
(II) nonaffiliated EMS providers.
(3) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to activities carried out under this subsection.
(m) ACCOUNTING DETERMINATION.—Notwithstanding any other
provision of law, for purposes of this section, equipment costs shall
include all costs attributable to any design, purchase of components, assembly, manufacture, and transportation of equipment not
otherwise commercially available.
(n) ELIGIBLE GRANTEE ON BEHALF OF ALASKA NATIVE VILLAGES.—The Alaska Village Initiatives, a non-profit organization
incorporated in the State of Alaska, shall be eligible to apply for
and receive a grant or other assistance under this section on behalf
of Alaska Native villages.
(o) TRAINING STANDARDS.—If an applicant for a grant under
this section is applying for such grant to purchase training that
does not meet or exceed any applicable national voluntary consensus standards, including those developed under section 647 of
the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 747), the applicant shall submit to the Administrator of
FEMA an explanation of the reasons that the training proposed to
be purchased will serve the needs of the applicant better than
training that meets or exceeds such standards.
(p) ENSURING EFFECTIVE USE OF GRANTS.—
(1) AUDITS.—The Administrator of FEMA may audit a recipient of a grant awarded under this section to ensure that—
(A) the grant amounts are expended for the intended
purposes; and
(B) the grant recipient complies with the requirements
of subsection (k).
(2) PERFORMANCE ASSESSMENT.—
(A) IN GENERAL.—The Administrator of FEMA shall
develop and implement a performance assessment system,
including quantifiable performance metrics, to evaluate the
extent to which grants awarded under this section are furthering the purposes of this section, including protecting
the health and safety of the public and firefighting personnel against fire and fire-related hazards.
(B) CONSULTATION.—The Administrator of FEMA shall
consult with fire service representatives and with the
Comptroller General of the United States in developing the
assessment system required by subparagraph (A).
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43
(3) ANNUAL REPORTS TO ADMINISTRATOR OF FEMA.—Not
less frequently than once each year during the term of a grant
awarded under this section, the recipient of the grant shall
submit to the Administrator of FEMA an annual report describing how the recipient used the grant amounts.
(4) ANNUAL REPORTS TO CONGRESS.—
(A) IN GENERAL.—Not later than September 30, 2013,
and each year thereafter through 2017, the Administrator
of FEMA shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the
Committee on Science and Technology and the Committee
on Transportation and Infrastructure of the House of Representatives a report that provides—
(i) information on the performance assessment
system developed under paragraph (2); and
(ii) using the performance metrics developed
under such paragraph, an evaluation of the effectiveness of the grants awarded under this section.
(B) ADDITIONAL INFORMATION.—The report due under
subparagraph (A) on September 30, 2016, shall also include recommendations for legislative changes to improve
grants under this section.
(q) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated to
carry out this section—
(A) $750,000,000 for fiscal year 2013; and
(B) for each of fiscal years 2014 through 2017, an
amount equal to the amount authorized for the previous
fiscal year increased by the percentage by which—
(i) the Consumer Price Index (all items, United
States city average) for the previous fiscal year, exceeds
(ii) the Consumer Price Index for the fiscal year
preceding the fiscal year described in clause (i).
(2) ADMINISTRATIVE EXPENSES.—Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Administrator of FEMA may use not more than 5 percent of such
amounts for salaries and expenses and other administrative
costs incurred by the Administrator of FEMA in the course of
awarding grants and providing assistance under this section.
(3) CONGRESSIONALLY DIRECTED SPENDING.—Consistent
with the requirements in subsections (c)(1) and (d)(1) that
grants under those subsections be awarded on a competitive
basis, none of the funds appropriated pursuant to this subsection may be used for any congressionally directed spending
item (as defined under the rules of the Senate and the House
of Representatives).
(r) SUNSET OF AUTHORITIES.—The authority to award assistance and grants under this section shall expire on the date that is
5 years after the date of the enactment of the Fire Grants Reauthorization Act of 2012.
(15 U.S.C. 2229)
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SEC. 34. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.
(a) EXPANDED AUTHORITY TO MAKE GRANTS.—
(1) HIRING GRANTS.—(A) The Administrator of FEMA shall

make grants directly to career fire departments, combination
fire departments, and volunteer fire departments, in consultation with the chief executive of the State in which the applicant is located, for the purpose of increasing the number of
firefighters to help communities meet industry minimum
standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments that antedate the creation
of the Department of Homeland Security.
(B) Grants made under this paragraph shall be for 3 years
and be used for programs to hire new, additional firefighters.
(C) In awarding grants under this subsection, the Administrator of FEMA may give preferential consideration to applications that involve a non-Federal contribution exceeding the
minimums under subparagraph (E).
(D) The Administrator of FEMA may provide technical assistance to States, units of local government, Indian tribal governments, and to other public entities, in furtherance of the
purposes of this section.
(E) The portion of the costs of hiring firefighters provided
by a grant under this paragraph may not exceed—
(i) 75 percent in the first year of the grant;
(ii) 75 percent in the second year of the grant; and
(iii) 35 percent in the third year of the grant.
(F) Notwithstanding any other provision of law, any firefighter hired with funds provided under this subsection shall
not be discriminated against for, or be prohibited from, engaging in volunteer activities in another jurisdiction during offduty hours.
(G) All grants made pursuant to this subsection shall be
awarded on a competitive basis through a neutral peer review
process.
(H) At the beginning of the fiscal year, the Administrator
of FEMA shall set aside 10 percent of the funds appropriated
for carrying out this paragraph for departments with majority
volunteer or all volunteer personnel. After awards have been
made, if less than 10 percent of the funds appropriated for carrying out this paragraph are not awarded to departments with
majority volunteer or all volunteer personnel, the Administrator of FEMA shall transfer from funds appropriated for carrying out this paragraph to funds available for carrying out
paragraph (2) an amount equal to the difference between the
amount that is provided to such fire departments and 10 percent.
(2) RECRUITMENT AND RETENTION GRANTS.—In addition to
any amounts transferred under paragraph (1)(H), the Administrator of FEMA shall direct at least 10 percent of the total
amount of funds appropriated pursuant to this section annually to a competitive grant program for the recruitment and retention of volunteer firefighters who are involved with or
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45
sponse. Eligible entities shall include volunteer or combination
fire departments, and national, State, local, or tribal organizations that represent the interests of volunteer firefighters.
(b) APPLICATIONS.—(1) No grant may be made under this section unless an application has been submitted to, and approved by,
the Administrator of FEMA.
(2) An application for a grant under this section shall be submitted in such form, and contain such information, as the Administrator of FEMA may prescribe.
(3) At a minimum, each application for a grant under this section shall—
(A) explain the applicant’s inability to address the need
without Federal assistance;
(B) in the case of a grant under subsection (a)(1), explain
how the applicant plans to meet the requirements of subsection
(a)(1)(B)(ii) and (F);
(C) specify long-term plans for retaining firefighters following the conclusion of Federal support provided under this
section; and
(D) provide assurances that the applicant will, to the extent practicable, seek, recruit, and hire members of racial and
ethnic minority groups and women in order to increase their
ranks within firefighting.
(c) LIMITATION ON USE OF FUNDS.—(1) Funds made available
under this section to fire departments for salaries and benefits to
hire new, additional firefighters shall not be used to supplant State
or local funds, or, in the case of Indian tribal governments, funds
supplied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal
funds received under this section, be made available from State or
local sources, or in the case of Indian tribal governments, from
funds supplied by the Bureau of Indian Affairs.
(2) No grant shall be awarded pursuant to this section to a municipality or other recipient whose annual budget at the time of the
application for fire-related programs and emergency response has
been reduced below 80 percent of the average funding level in the
3 years prior to the date of enactment of this section.
(3) Funds appropriated by the Congress for the activities of
any agency of an Indian tribal government or the Bureau of Indian
Affairs performing firefighting functions on any Indian lands may
be used to provide the non-Federal share of the cost of programs
or projects funded under this section.
(4) The amount of funding provided under this section to a recipient fire department for hiring a firefighter in any fiscal year
may not exceed—
(A) in the first year of the grant, 75 percent of the usual
annual cost of a first-year firefighter in that department at the
time the grant application was submitted;
(B) in the second year of the grant, 75 percent of the usual
annual cost of a first-year firefighter in that department at the
time the grant application was submitted; and
(C) in the third year of the grant, 35 percent of the usual
annual cost of a first-year firefighter in that department at the
time the grant application was submitted.
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(d) WAIVERS.—
(1) IN GENERAL.—In a case of demonstrated economic hardship, the Administrator of FEMA may—
(A) waive the requirements of subsection (c)(1); or
(B) waive or reduce the requirements in subsection
(a)(1)(E) or subsection (c)(2).
(2) GUIDELINES.—
(A) IN GENERAL.—The Administrator of FEMA shall
establish and publish guidelines for determining what constitutes economic hardship for purposes of paragraph (1).
(B) CONSULTATION.—In developing guidelines under
subparagraph (A), the Administrator of FEMA shall consult with individuals who are—
(i) recognized for expertise in firefighting, emergency medical services provided by fire services, or the
economic affairs of State and local governments; and
(ii) members of national fire service organizations
or national organizations representing the interests of
State and local governments.
(C) CONSIDERATIONS.—In developing guidelines under
subparagraph (A), the Administrator of FEMA shall consider, with respect to relevant communities, the following:
(i) Changes in rates of unemployment from previous years.
(ii) Whether the rates of unemployment of the relevant communities are currently and have consistently
exceeded the annual national average rates of unemployment.
(iii) Changes in percentages of individuals eligible
to receive food stamps from previous years.
(iv) Such other factors as the Administrator of
FEMA considers appropriate.
(e) PERFORMANCE EVALUATION.—
(1) IN GENERAL.—The Administrator of FEMA shall establish a performance assessment system, including quantifiable
performance metrics, to evaluate the extent to which grants
awarded under this section are furthering the purposes of this
section.
(2) SUBMITTAL OF INFORMATION.—The Administrator of
FEMA may require a grant recipient to submit any information the Administrator of FEMA considers reasonably necessary to evaluate the program.
(f) REPORT.—Not later than September 30, 2014, the Administrator of FEMA shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on
Science and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the experience with, and effectiveness of, such grants in meeting the objectives of this section. The report may include any recommendations the Administrator of FEMA may have for amendments to this
section and related provisions of law.
(g) REVOCATION OR SUSPENSION OF FUNDING.—If the Administrator of FEMA determines that a grant recipient under this section is not in substantial compliance with the terms and requireJanuary 28, 2013

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ments of an approved grant application submitted under this section, the Administrator of FEMA may revoke or suspend funding
of that grant, in whole or in part.
(h) ACCESS TO DOCUMENTS.—(1) The Administrator of FEMA
shall have access for the purpose of audit and examination to any
pertinent books, documents, papers, or records of a grant recipient
under this section and to the pertinent books, documents, papers,
or records of State and local governments, persons, businesses, and
other entities that are involved in programs, projects, or activities
for which assistance is provided under this section.
(2) Paragraph (1) shall apply with respect to audits and examinations conducted by the Comptroller General of the United States
or by an authorized representative of the Comptroller General.
(i) DEFINITIONS.—In this section:
(1) The term ‘‘firefighter’’ has the meaning given the term
‘‘employee in fire protection activities’’ under section 3(y) of the
Fair Labor Standards Act (29 U.S.C. 203(y)).
(2) The terms ‘‘Administrator of FEMA’’, ‘‘career fire department’’, ‘‘combination fire department’’, and ‘‘volunteer fire
department’’ have the meanings given such terms in section
33(a).
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
for the purposes of carrying out this section—
(A) $1,000,000,000 for fiscal year 2004;
(B) $1,030,000,000 for fiscal year 2005;
(C) $1,061,000,000 for fiscal year 2006;
(D) $1,093,000,000 for fiscal year 2007;
(E) $1,126,000,000 for fiscal year 2008;
(F) $1,159,000,000 for fiscal year 2009;
(G) $1,194,000,000 for fiscal year 2010; and 1
(H) $750,000,000 for fiscal year 2013; and
(I) for each of fiscal years 2014 through 2017, an
amount equal to the amount authorized for the previous
fiscal year increased by the percentage by which—
(i) the Consumer Price Index (all items, United
States city average) for the previous fiscal year, exceeds
(ii) the Consumer Price Index for the fiscal year
preceding the fiscal year described in subparagraph
(A).
(2) ADMINISTRATIVE EXPENSES.—Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Administrator of FEMA may use not more than 5 percent of such
amounts to cover salaries and expenses and other administrative costs incurred by the Administrator of FEMA to make
grants and provide assistance under this section.
(3) CONGRESSIONALLY DIRECTED SPENDING.—Consistent
with the requirement in subsection (a) that grants under this
section be awarded on a competitive basis, none of the funds
appropriated pursuant to this subsection may be used for any
1 So in law. The word ‘‘and’’ at the end of subparagraph (G) probably shouldn’t appear. See
amendment made by section 1804(h)(1)(B) of division A of Public Law 112–239 to paragraph (7)
prior to such paragraph’s being redesignated as subparagraph (G).

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congressionally direct spending item (as defined under the
rules of the Senate and the House of Representatives).
(k) SUNSET OF AUTHORITIES.—The authority to award assistance and grants under this section shall expire on the date that is
5 years after the date of the enactment of the Fire Grants Reauthorization Act of 2012.
(15 U.S.C. 2229a)
SEC. 35. SURPLUS AND EXCESS FEDERAL EQUIPMENT.

The Administrator shall make publicly available, including
through the Internet, information on procedures for acquiring surplus and excess equipment or property that may be useful to State
and local fire, emergency, and hazardous material handling service
providers.
(15 U.S.C. 2230)
SEC. 36. COOPERATIVE AGREEMENTS WITH FEDERAL FACILITIES.

The Administrator shall make publicly available, including
through the Internet, information on procedures for establishing cooperative agreements between State and local fire and emergency
services and Federal facilities in their region relating to the provision of fire and emergency services.
(15 U.S.C. 2231)
SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER
HEALTH AND SAFETY.

The Administrator shall promote adoption by fire services of
national voluntary consensus standards for firefighter health and
safety, including such standards for firefighter operations, training,
staffing, and fitness, by—
(1) educating fire services about such standards;
(2) encouraging the adoption at all levels of government of
such standards; and
(3) making recommendations on other ways in which the
Federal Government can promote the adoption of such standards by fire services.
(15 U.S.C. 2234)

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