U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–180 

Calendar No. 447 

UNITED STATES FIRE ADMINISTRATION 

REAUTHORIZATION ACT OF 2012 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 2218 

TO REAUTHORIZE THE UNITED STATES FIRE ADMINISTRATION, 

AND FOR OTHER PURPOSES 

JULY 12, 2012.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

MARK BEGICH, Alaska 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

RON JOHNSON, Wisconsin 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JERRY MORAN, Kansas 

MICHAEL L. ALEXANDER, Staff Director 

BETH M. GROSSMAN, Deputy Staff Director and Chief Counsel 

JASON T. BARNOSKY, Professional Staff Member 

NICHOLAS A. ROSSI, Minority Staff Director 

MARK B. LEDUC, Minority General Counsel 

ERIC B. HEIGHBERGER, Minority Professional Staff Member 

TRINA DRIESSNACK TYRER, Chief Clerk 


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1 15 U.S.C. 2201 et. seq. 

Calendar No. 447 

112TH CONGRESS SENATE REPORT " ! 2d Session 112–180 

UNITED STATES FIRE ADMINISTRATION 

REAUTHORIZATION ACT OF 2012 

JULY 12, 2012.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 2218] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 2218) to reauthorize the United 

States Fire Administration, and for other purposes, having considered the same, reports favorably thereon without amendment and 

recommends that the bill do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 3 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 4 

VI. Congressional Budget Office Cost Estimate ................................................ 4 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 5 

I. PURPOSE AND SUMMARY

S. 2218 reauthorizes appropriations for the United Stated Fire 

Administration (USFA), an entity within the Department of Homeland Security’s Federal Emergency Management Agency (FEMA), 

which provides training for firefighters and collects, analyzes, and 

disseminates important information about fires and other emergencies throughout the nation. The bill also updates USFA’s authorizing Act (the Federal Fire Prevention and Control Act of 

1974 1) to reflect organizational changes to USFA made over the 

years through executive action and other statutes. Specifically, the 


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2Lennard G. Kruger, United States Fire Administration: An Overview (Congressional Research 

Service: 23 June 2009) 1. 3Kruger 1; National Commission on Fire Prevention and Control, America Burning: The Report of the National Commission on Fire Prevention and Control (Washington, D.C.: 4 May 1973) 

X-XI. 4 Reorganization Plan No. 3 of 1978, Federal Register (Vol. 43, No 183—Tuesday, September 

19, 1978; Kruger 1. 5P.L. 107–296 503. 

6 USFA, United States Fire Administration: Fiscal Year 2010 Report to Congress (Washington, 

D.C.: September 2011) 4. 7 Ibid. 4. 8 National Fire Protection Association, Third Needs Assessment of the U.S. Fire Service (Quincy, MA: June 2011) 20 and 22. 

bill changes the Act to reflect USFA’s move to FEMA from the Department of Commerce and to recognize that the Deputy Administrator of USFA is no longer a Senate-confirmed position. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

USFA is the primary federal entity for serving the needs of our 

nation’s firefighters and for reducing death, injuries, and economic 

losses due to fire and related emergencies. USFA trains fire and 

emergency medical services officers at the National Fire Academy; 

offers fire awareness and education programs; and operates the National Fire Incident Reporting System, which collects, analyzes, 

and disseminates data and information on fires and other emergency incidents. 

Originally named the National Fire Prevention and Control Administration (NFPCA), USFA was established by the Federal Fire 

Prevention and Control Act of 1974.2 The impetus for its creation 

came from America Burning, a 1973 report issued by the National 

Commission of Fire Prevention and Control. This landmark study 

described the high toll fire had on the United States and recommended, among other things, a greater focus on prevention and 

education and the creation of a new federal agency to assist in 

these efforts.3 The Federal Fire Prevention and Control Act placed 

NFPCA in the Department of Commerce. Congress changed the 

agency’s name to USFA in 1978. In 1979, President Carter created 

FEMA in Reorganization Plan Number 3 and moved USFA into the 

new agency.4 When the Homeland Security Act of 2002 transferred 

FEMA to the new Department of Homeland Security, USFA was 

transferred with it.5

USFA has served the nation well since its creation, leading Congress to reauthorize it six times over the past thirty years, most 

recently in 2008. The need for USFA’s services remains today. Although the death rate from fires in the U.S. has declined over the 

past decade, it remains higher than that of many industrialized 

countries.6 Moreover, fires continue to cause significant property 

losses. USFA estimates annual losses of $11.9 billion.7 USFA’s central role in fire prevention will continue to help efforts to address 

these problems. Further, training continues to pose difficulties for 

firefighters. For example, the Third Needs Assessment of the U.S. 

Fire Service, issued in 2011 by the National Fire Protection Association, found shortcomings in training for specialized activities 

such as hazardous materials and wildland firefighting, although 

training levels have improved significantly in recent years.8 USFA, 

through the National Fire Academy, will continue to play a significant role in making these improvements. 


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9 Reorganization Plan No. 3 of 1978. 

In addition to reauthorizing USFA through fiscal year 2017 at 

the existing authorization level, S. 2218 makes modest changes to 

the Act, generally to update the statute where it does not reflect 

USFA’s current organization. For example, Congress never updated 

the statute to reflect USFA’s 1979 move from the Department of 

Commerce to FEMA through Reorganization Plan Number 3. Similarly, the requirement of Senate confirmation for USFA’s Deputy 

Administrator was eliminated by the 1979 Reorganization Plan.9 S. 

2218 updates the Act to reflect these changes. The bill also broadens the USFA Administrator’s authority to conduct public education, allowing the Administrator to address individual preparedness for disasters. The USFA has a long and successful record in 

conducting public education campaigns, such as its ‘‘Install. Inspect. Protect.’’ campaign to encourage proper use of smoke alarms, 

and this will enable the USFA Administrator to play a larger role 

in FEMA’s efforts to encourage individual preparedness. 

III. LEGISLATIVE HISTORY

Senators Lieberman, Collins, Carper, McCain, and Brown (MA) 

introduced S. 2218 on March 21, 2012. The bill was referred to the 

Committee on Homeland Security and Governmental Affairs, and 

the Committee considered the bill at a business meeting on May 

16, 2012. 

The Committee ordered the bill reported favorably and without 

amendment by voice vote. Senators present for the vote were Lieberman, Levin, Akaka, Carper, Pryor, Tester, Begich, Collins, and 

Brown. Senators Coburn and Johnson were recorded as voting 

against the bill by proxy. 

IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section provides the bill’s short title, United State Fire Administration Reauthorization Act of 2012. 

Section 2. Clarification of relationship between United States Fire 

Administration and Federal Emergency Management Agency 

Subsections (a) and (b) update sections 3 and 5, respectively, of 

the Federal Fire Prevention and Control Act (15 U.S.C. 2202 and 

2204) to reflect the fact that President Carter moved USFA from 

the Department of Commerce to FEMA in 1979. 

Subsection (c) amends section 5 of the Federal Fire Prevention 

and Control Act (15 U.S.C. 2204) to reflect the fact that the Deputy 

Administrator of USFA is no longer a Senate confirmed position. 

Section 3. Modification of authority of Administrator of United 

States Fire Administration to educate public about fire and fire 

prevention 

This section amends section 6 of the Federal Fire Prevention and 

Control Act (15 U.S.C. 2205). It authorizes the USFA Administrator to take steps to educate the public on fire and fire prevention, as well as individual preparedness. 


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Section 4. Authorization of appropriations for United States Fire 

Administration 

This section amends section 17 of the Federal Fire Prevention 

and Control Act (15 U.S.C. 2216) to authorize appropriations of 

$76,490,890 for each of fiscal years 2013 through 2017. 

Section 5. Amendment to definition regarding Administrator of 

FEMA 

Subsection (a) updates section 4 of the Federal Fire Prevention 

and Control Act (15 U.S.C. § 2203) to reflect that the head of FEMA 

now holds the title of ‘‘Administrator’’ rather than ‘‘Director.’’ 

Subsection (b) strikes the term ‘‘Director’’ in each place it appears in the Federal Fire Prevention and Control Act (15 U.S.C. 

§§ 2201 et seq.) and replaces it with ‘‘Administrator of FEMA’’. It 

also strikes the phrase ‘‘Director’s Award’’ wherever it appears and 

replaces it with ‘‘Administrator’s Award.’’ 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill and determined that the bill will 

have no regulatory impact. The Committee agrees with the Congressional Budget Office’s statement that the bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs 

on state, local, or tribal governments. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

MAY 24, 2012. 

Hon. JOSEPH I. LIEBERMAN, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2218, the United States Fire 

Administration Reauthorization Act of 2012. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Daniel Hoople. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 2218—United States Fire Administration Reauthorization Act of 

2012 

Summary: S. 2218 would reauthorize the U.S. Fire Administration (USFA) through fiscal year 2017. Under current law, funding 

is authorized through 2012. Based on historical spending patterns, 

CBO estimates that implementing this legislation would cost about 

$350 million over the 2013–2017 period, assuming appropriation of 

the specified amounts. 

Pay-as-you-go procedures do not apply to this legislation because 

it would not affect direct spending or revenues. 

S. 2218 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 


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Estimated cost to the Federal Government: The estimated budgetary impact of S. 2218 is shown in the following table. The costs 

of this legislation fall within budget function 450 (community and 

regional development). 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2013– 

2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 76 76 76 76 76 382 

Estimated Outlays ........................................................................ 50 72 76 76 76 350 

Note: Components may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted at the end of fiscal year 2012 and that the 

specified amounts will be appropriated for each year. 

The USFA coordinates with other emergency service entities to 

assist local communities and the public in planning for and reducing the risk of fire hazards. Funding is used to educate and train 

emergency responders; conduct research on fire detection and prevention, first responder health, and the effectiveness of safety programs; and conduct public outreach. S. 2218 would authorize the appropriation of about $76 million per year over the 2013–2017 period (for a total of $382 million) for 

operations of the USFA, about $32 million above amounts provided 

by the Congress for 2012 (see Public Law 112–74). Based on historical spending patterns, CBO estimates that implementing this bill 

would cost $350 million over the 2013–2017 period, assuming appropriation of the specified amounts. 

Pay-As-You-Go Considerations: None. 

Intergovernmental and private-sector impact: S. 2218 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

State and local governments would benefit from grants, training, 

and technical assistance authorized by the bill. Any costs to those 

governments would be incurred voluntarily as conditions of federal 

assistance. 

Estimate prepared by: Federal Costs: Daniel Hoople; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Paige Piper/Bach. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the following changes in existing law made by 

the bill, as reported, are shown as follows (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no change is proposed is shown in 

roman). 

TITLE 15—COMMERCE AND TRADE 

CHAPTER 49—FIRE PREVENTION AND CONTROL 

SEC. 2202. PURPOSES. 

It is declared to be the purpose of Congress in this chapter to— 


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(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 øwithin the Department of Commerce¿ 

within the Federal Emergency Management Agency; 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. 

SEC. 2203. DEFINITIONS. 

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 2204 of this title; 

(3) ‘‘Administrator’’ means except as otherwise provided the 

Administrator of the United States Fire Administration, within 

the Federal Emergency Management Agency; 

(4) ø‘‘Director’’ means the Administrator of the Federal 

Emergency Management Agency;¿ ‘‘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 fire-fighting 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, fire district, fire protection district, rural fire district, or other special district. The 

terms ‘‘fire prevention’’, ‘‘firefighting’’, and ‘‘firecontrol’’ relate 

to activities conducted by a fire service; 

(6) ‘‘local’’ means of or pertaining to any city, town, county, 

special purpose district, unincorporated territory, or other political subdivision of a State; 

(7) ‘‘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; 

(8) ‘‘State’’ means any State, the District of Columbia, the 

Commonwealth of Puerto Rico, the Virgin Islands, the Canal 

Zone, Guam, American Samoa, the Trust Territory of the Pacific Islands and any other territory or possession of the United 

States; and 


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(9) ‘‘wildland-urban interface’’ has the meaning given such 

term in section 6511 of title 16. 

SEC. 2204. ESTABLISHMENT OF THE UNITED STATES FIRE ADMINISTRATION. 

(a) ESTABLISHMENT.—There is hereby established in the øDepartment of Commerce¿ Federal Emergency Management Agency; 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, by and 

with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter provided for level IV of the 

Executive Schedule pay rates. The Administrator shall report and 

be responsible to the øDirector¿ Administrator of FEMA. 

ø(c) DEPUTY ADMINISTRATOR.—There shall be in the Administration a Deputy Administrator of the United States Fire Administration who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at 

the rate now or hereafter provided for level V of the Executive 

Schedule pay rates. The Deputy Administrator shall perform such 

functions as the Administrator shall from time to time assign or 

delegate, and shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.¿ 

(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. 

SEC. 2205. PUBLIC EDUCATION. 

The Administrator is authorized øto take all steps necessary to 

educate the public and to overcome public indifference as to fire 

and fire prevention¿ 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 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. 

SEC. 2206. NATIONAL ACADEMY FOR FIRE PREVENTION AND CONTROL. 

(a) ESTABLISHMENT.—The øDirector¿ Administrator 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. 


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(b) SUPERINTENDENT.—The Academy shall be headed by a Superintendent, who shall be appointed by the øDirector¿ Administrator 

of FEMA. In exercising the powers and authority contained in this 

section the Superintendent shall be subject to the direction of the 

Administrator. 

* * * * * * * 

(g) SITE SELECTION.—The Academy shall be located on such site 

as the øDirector¿ Administrator of FEMA selects, subject to the following provisions: 

(1) The øDirector¿ Administrator 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 øDirector¿ Administrator of FEMA. 

(2) The Site Selection Board in making its recommendations 

and the øDirector¿ Administrator of FEMA in making his final 

selection, shall give consideration to the training and facility 

needs of the Academy, environmental effects, and the possibility of using a surplus Government facility, and such other 

factors as are deemed important and relevant. The øDirector¿ 

Administrator of FEMA shall make a final site selection not 

later than 2 years after October 29, 1974. 

* * * * * * * 

(j) BOARD OF VISITORS.—Upon establishment of the Academy, the 

øDirector¿ Administrator 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 øDirector¿ Administrator of FEMA shall select eight such persons to serve as members 

of such Board of Visitors to serve such terms as the øDirector¿ Administrator 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 øDirector¿ Administrator 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. 

SEC. 2210. REIMBURSEMENT FOR COSTS OF FIREFIGHTING ON FEDERAL PROPERTY. 

(a) * * * 

(b) * * * 

(c) PAYMENT.—The øDirector¿ Administrator 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 ocVerDate Mar 15 2010 00:18 Jul 14, 2012 Jkt 019010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR180.XXX SR180

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curred, a sum no greater than the amount determined with respect 

to the claim under subsection (b)(3) of this section. 

(d) * * * 

SEC. 2214. PUBLIC SAFETY AWARDS. 

(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 øDirector’s Award¿ Administrator’s Award For Distinguished Public Safety Service (ø’’Director’s Award’’¿ ‘‘Administrator’s Award’’). 

(b) DESCRIPTION.—øDirector’s Award¿ Administrator’s Award 

shall be presented by the øDirector¿ Administrator of FEMA or by 

the Attorney General to public safety officers for distinguished 

service in the field of public safety. 

(c) AWARD.—Each øDirector’s Award¿ Administrator’s Award 

shall consist of an appropriate citation. 

(d) REGULATIONS.—The øDirector¿ Administrator 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) ‘‘PUBLIC SAFETY OFFICER’’ DEFINED.—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. 

SEC. 2215. REPORTS TO CONGRESS AND PRESIDENT. 

The øDirector¿ Administrator 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; 


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(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. 

SEC. 2216. AUTHORIZATION OF APPROPRIATIONS. 

(a) * * * 

(b) * * * 

(c) * * * 

(d) * * * 

(e) * * * 

(f) * * * 

(g)(1) Except as otherwise specifically provided with respect to 

the payment of claims under section 2210 of this title, there are authorized to be appropriated to carry out the purposes of this chapter— 

(A) $63,000,000 for fiscal year 2005, of which $2,266,000 

shall be used to carry out section 2207 (f) of this title; 

(B) $64,850,000 for fiscal year 2006, of which $2,334,000 

shall be used to carry out section 2207 (f) of this title; 

(C) $66,796,000 for fiscal year 2007, of which $2,404,000 

shall be used to carry out section 2207 (f) of this title; 

(D) $68,800,000 for fiscal year 2008, of which $2,476,000 

shall be used to carry out section 2207 (f) of this title; 

(E) $70,000,000 for fiscal year 2009, of which $2,520,000 

shall be used to carry out section 2207 (f) of this title; 

(F) $72,100,000 for fiscal year 2010, of which $2,595,600 

shall be used to carry out section 2207 (f) of this title; 

(G) $74,263,000 for fiscal year 2011, of which $2,673,468 

shall be used to carry out section 2207 (f) of this title; [and] 

(H) $76,490,890 for fiscal year 2012, of which $2,753,672 

shall be used to carry out section 2207 (f) of this title[ . ]; 

(I) $76,490,890 for fiscal year 2013; 

(J) $76,490,890 for fiscal year 2014; 

(K) $76,490,890 for fiscal year 2015; 

(L) $76,490,890 for fiscal year 2016; and 

(M) $76,490,890 for fiscal year 2017. 

(h) * * * 

SEC. 2217. PUBLIC ACCESS TO INFORMATION. 

Copies of any document, report, statement, or information received or sent by the øDirector¿ Administrator 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 Director may disclose information which concerns or relates to a trade 

secret— 

(1) upon request, to other Federal Government departments 

and agencies for official use; 


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(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). 

SEC. 2218. ADMINISTRATIVE PROVISIONS. 

(a) * * * 

(b) * * * 

(c) AUDIT.—The øDirector¿ Administrator 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) * * * 

(e) * * * 

SEC. 2224. LISTINGS OF PLACES OF PUBLIC ACCOMMODATION. 

(a) SUBMISSIONS BY STATES.— 

(1) Not later than 2 years after enacted September 25, 1990, 

each State (acting through its Governor or the Governor’s designee) shall, under procedures formulated by the øDirector¿ 

Administrator of FEMA, submit to the øDirector¿ Administrator 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 2225 of this 

title. 

(2) The øDirector¿ Administrator 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 øDirector¿ Administrator 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 2225 of 

this title, 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 øDirector¿ Administrator of FEMA shall periodically 

update the national master list compiled pursuant to paragraph (1) to reflect changes in the State lists submitted to the 

øDirector¿ Administrator of FEMA pursuant to subsection (a), 


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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. 

* * * * * * * 

SEC. 2226. DISSEMINATION OF FIRE PREVENTION AND CONTROL INFORMATION. 

The øDirector¿ Administrator 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 2225 of this title 

and of the master list compiled under section 2224(b) of this title 

to Federal agencies, State and local governments, and fire services 

throughout the United States, and making copies of the master list 

compiled under section 2224(b) of this title available upon request 

to interested private organizations and individuals. 

* * * * * * * 

SEC. 2229. FIREFIGHTER ASSISTANCE. 

(a) DEFINITION OF FIREFIGHTING PERSONNEL.—In this section, 

the term firefighting personnel means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. 

(b) ASSISTANCE PROGRAM.— (1) AUTHORITY.—In accordance with this section, the øDirector¿ Administrator of FEMA may— 

(A) make grants on a competitive basis directly to fire 

departments of a State, in consultation with the chief executive of the State, for the purpose of protecting the health 

and safety of the public and firefighting personnel 

throughout the Nation against fire and fire-related hazards; 

(B) provide assistance for fire prevention and firefighter 

safety research and development programs in accordance 

with paragraph (4); and 

(C) provide assistance for nonaffiliated EMS organizations for the purpose of paragraph (3)(F). 

(2) ADMINISTRATIVE ASSISTANCE.—The øDirector¿ Administrator of FEMA shall establish specific criteria for the selection 

of recipients of assistance under this section and shall provide 

grant-writing assistance to applicants. 

(3) USE OF FIRE DEPARTMENT GRANT FUNDS.—The øDirector¿ 

Administrator of FEMA may make a grant under paragraph 

(1)(A) only if the applicant for the grant agrees to use the 

grant funds for one or more of the following purposes: 

(A) To hire additional firefighting personnel. 

(B) To train firefighting personnel in firefighting, emergency response (including response to a terrorism incident 

or use of a weapon of mass destruction), arson prevention 

and detection, maritime firefighting, or the handling of 


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hazardous materials, or to train firefighting personnel to 

provide any of the training described in this subparagraph. 

(C) To fund the creation of rapid intervention teams to 

protect firefighting personnel at the scenes of fires and 

other emergencies. 

(D) To certify fire inspectors. 

(E) To establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel 

can carry out their duties. 

(F) To fund emergency medical services provided by fire 

departments and nonaffiliated EMS organizations. 

(G) To acquire additional firefighting vehicles, including 

fire trucks. 

(H) To acquire additional firefighting equipment, including equipment for fighting fires with foam in remote areas 

without access to water, and equipment for communications, monitoring, and response to a terrorism incident or 

use of a weapon of mass destruction. 

(I) To acquire personal protective equipment required for 

firefighting personnel by the Occupational Safety and 

Health Administration, and other personal protective 

equipment for firefighting personnel, including protective 

equipment to respond to a terrorism incident or 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 enforce fire codes. 

(L) To fund fire prevention programs. 

(M) To educate the public about arson prevention and 

detection. 

(N) To provide incentives for the recruitment and retention of volunteer firefighting personnel for volunteer firefighting departments and other firefighting departments 

that utilize volunteers. 

(4) Fire prevention and firefighter safety research and development programs. 

(A) IN GENERAL.—For each fiscal year, the øDirector¿ 

Administrator of FEMA shall use not less than 5 percent 

of the funds made available under subsection (e)— 

(i) to make grants to fire departments for the purpose described in paragraph (3)(L); and 

(ii) to make grants to, or enter into contracts or cooperative agreements with, national, State, local, or 

community 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 

fire prevention programs and research to improve firefighter health and life safety. 

(B) PRIORITY.—In selecting organizations described in 

subparagraph (A)(ii) to receive assistance under this paragraph, the øDirector¿ Administrator of FEMA shall give 

priority to organizations that focus on prevention of injuVerDate Mar 15 2010 00:18 Jul 14, 2012 Jkt 019010 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\SR180.XXX SR180

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ries to high risk groups from fire, as well as research programs that demonstrate the potential to improve firefighter safety. 

(C) GRANT LIMITATION.—A grant under this paragraph shall not be greater than $1,000,000 for a fiscal year. 

(5) APPLICATION.—The øDirector¿ Administrator of FEMA 

may provide assistance to a fire department or organization 

under this subsection only if the fire department or organization seeking the assistance submits to the øDirector¿ Administrator of FEMA an application that meets the following requirements: 

(A) FORM.—The application shall be in such form as the 

øDirector¿ Administrator of FEMA may require. 

(B) Information. The application shall include the following information: 

(i) FINANCIAL NEED.—Information that demonstrates 

the financial need of the applicant for the assistance 

for which applied. 

(ii) COST-BENEFIT ANALYSIS.—An analysis of the 

costs and benefits, with respect to public safety, of the 

use of the assistance. 

(iii) REPORTING SYSTEMS DATA.—An agreement to 

provide information to the national fire incident reporting system for the period covered by the assistance. 

(iv) OTHER FEDERAL SUPPORT.—A list of other 

sources of Federal funding received by the applicant. 

The øDirector¿ Administrator of FEMA, in coordination with the Secretary of Homeland Security, shall 

use such list to prevent unnecessary duplication of 

grant funds. 

(v) OTHER INFORMATION.—Any other information 

that the øDirector¿ Administrator of FEMA may require. 

(6) MATCHING REQUIREMENT. (A) IN GENERAL.—Subject to subparagraphs (B) and (C), 

the øDirector¿ Administrator of FEMA may provide assistance under this subsection only if the applicant for such 

assistance agrees to match 20 percent of such assistance 

for any fiscal year with an equal amount of non-Federal 

funds. 

(B) REQUIREMENT FOR SMALL COMMUNITY ORGANIZATIONS.—In the case of an applicant whose personnel— 

(i) serve jurisdictions of 50,000 or fewer residents, 

the percent applied under the matching requirement 

of subparagraph (A) shall be 10 percent; and 

(ii) serve jurisdictions of 20,000 or fewer residents, 

the percent applied under the matching requirement 

of subparagraph (A) shall be 5 percent. 

(C) FIRE PREVENTION AND FIREFIGHTER SAFETY

GRANTS.—There shall be no matching requirement for a 

grant described in paragraph (4)(A)(ii). 

(7) MAINTENANCE OF EXPENDITURES.—The øDirector¿ Administrator of FEMA may provide assistance under this subsection only if the applicant for the assistance agrees to mainVerDate Mar 15 2010 00:18 Jul 14, 2012 Jkt 019010 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\SR180.XXX SR180

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tain in the fiscal year for which the assistance will be received 

the applicant’s aggregate expenditures for the uses described 

in paragraph (3) or (4) at or above the average level of such 

expenditures in the two fiscal years preceding the fiscal year 

for which the assistance will be received. 

(8) REPORT TO THE øDIRECTOR¿ administrator of FEMA. The 

øDirector¿ Administrator of FEMA may provide assistance 

under this subsection only if the applicant for the assistance 

agrees to submit to the øDirector¿ Administrator of FEMA a 

report, including a description of how the assistance was used, 

with respect to each fiscal year for which the assistance was 

received. 

(9) VARIETY OF FIRE DEPARTMENT GRANT RECIPIENTS.—The 

øDirector¿ Administrator of FEMA shall ensure that grants 

under paragraph (1)(A) for a fiscal year are made to a variety 

of fire departments, including, to the extent that there are eligible applicants— 

(A) paid, volunteer, and combination fire departments; 

(B) fire departments located in communities of varying 

sizes; and 

(C) fire departments located in urban, suburban, and 

rural communities. 

(10) Grant limitations. 

(A) RECIPIENT LIMITATIONS.—A grant recipient under 

subsection (b)(1)(A)— 

(i) that serves a jurisdiction with 500,000 people or 

less may not receive grants in excess of $1,000,000 for 

any fiscal year; 

(ii) that serves a jurisdiction with more than 

500,000 but not more than 1,000,000 people may not 

receive grants in excess of $1,750,000 for any fiscal 

year; and 

(iii) that serves a jurisdiction with more than 

1,000,000 people may not receive grants in excess of 

$2,750,000 for any fiscal year. The øDirector¿ Administrator of FEMA may award grants in excess of the 

limitations provided in clause (i) and (ii) if the øDirector¿ Administrator of FEMA determines that extraordinary need for assistance by a jurisdiction warrants 

a waiver. 

(B) DISTRIBUTION.—Notwithstanding subparagraph (A), 

no single recipient may receive more than the lesser of 

$2,750,000 or one half of one percent of the funds appropriated under this section for a single fiscal year. 

(C) LIMITATION ON EXPENDITURES FOR FIREFIGHTING VEHICLES.—Not more than 25 percent of the funds appropriated to provide grants under this section for a fiscal 

year may be used to assist grant recipients to purchase vehicles, as authorized by paragraph (3)(G). 

(D) REQUIREMENTS FOR GRANTS FOR EMERGENCY MEDICAL SERVICES.—Subject to the restrictions in subparagraph (E), not less than 3.5 percent of the funds appropriated under this section for a fiscal year shall be awarded for purposes described in paragraph (3)(F). 


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(E) NONAFFILIATED EMS LIMITATION.—Not more than 2 

percent of the funds appropriated to provide grants under 

this section for a fiscal year shall be awarded to nonaffiliated EMS organizations. 

(F) APPLICATION OF SELECTION CRITERIA TO GRANT APPLICATIONS FROM NONAFFILIATED EMS ORGANIZATIONS.—In 

reviewing applications submitted by nonaffiliated EMS organizations, the øDirector¿ Administrator of FEMA shall 

consider the extent to which other sources of Federal funding are available to provide assistance requested in such 

grant applications. 

(11) RESERVATION OF GRANT FUNDS FOR VOLUNTEER DEPARTMENTS.—In making grants to firefighting departments, the 

øDirector¿ Administrator of FEMA shall ensure that those firefighting departments that have either all-volunteer forces of 

firefighting personnel or combined forces of volunteer and professional firefighting personnel receive a proportion of the total 

grant funding that is not less than the proportion of the United 

states population that those firefighting departments protect. 

(12) ELIGIBLE GRANTEE ON BEHALF OF ALASKA NATIVE VILLAGES.—The Alaska Village Initiatives, a non-profit organization incorporated in the State of Alaska, shall be considered an 

eligible grantee for purposes of receiving assistance under this 

section on behalf of Alaska Native villages. 

(13) ANNUAL MEETING.—The øDirector¿ Administrator of 

FEMA shall convene an annual meeting of individuals who are 

members of national fire service organizations and are recognized for expertise in firefighting or emergency medical services provided by fire services, and who are not employees of the 

Federal Government, for the purpose of recommending criteria 

for awarding grants under this section for the next fiscal year 

and recommending any necessary administrative changes to 

the grant program. 

(14) GUIDELINES.— 

(A) Each year, prior to making any grants under this 

section, the øDirector¿ Administrator of FEMA shall publish in the Federal Register— 

(i) guidelines that describe the process for applying 

for grants and the criteria for awarding grants; and 

(ii) an explanation of any differences between the 

guidelines and the recommendations made pursuant 

to paragraph (13). 

(B) The criteria for awarding grants under subsection 

(b)(1)(A) shall include 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. 

(15) PEER REVIEW.—The øDirector¿ Administrator of FEMA 

shall, after consultation with national fire service organizations, appoint fire service personnel to conduct peer review of 

applications received under paragraph (5). In making grants 

under this section, the øDirector¿ Administrator of FEMA shall 

consider the results of such peer review evaluations. 


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(16) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not 

apply to activities under paragraphs (13) and (15). 

(17) ACCOUNTING DETERMINATION.—Notwithstanding any 

other provision of law, rule, regulation, or guidance, for purposes of receiving assistance under this section, equipment 

costs shall include, but not be limited to, all costs attributable 

to any design, purchase of components, assembly, manufacture, 

and transportation of equipment not otherwise commercially 

available. 

(c) AUDITS.—A recipient of a grant under this section shall be 

subject to audits to ensure that the grant proceeds are expended 

for the intended purposes and that the grant recipient complies 

with the requirements of paragraphs (6) and (7) of subsection (b). 

(d) DEFINITIONS.—In this section— 

(1) the term øDirector¿ Administrator of FEMA means the 

øDirector¿ Administrator of FEMA, acting through the Administrator; 

(2) 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 øDirector¿ Administrator of FEMA 

finds that emergency medical services are adequately provided 

by a fire department; and (3) the term State includes the District of Columbia and the Commonwealth of Puerto Rico. 

(e) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated for the purposes of this section $900,000,000 for fiscal year 2005, 

$950,000,000 for fiscal year 2006, and $1,000,000,000 for each 

of the fiscal years 2007 through 2009. Of the amounts authorized in this paragraph, $3,000,000 shall be made available 

each year through fiscal year 2008 for foam firefighting equipment. 

(2) ADMINISTRATIVE EXPENSES.—Of the funds appropriated 

pursuant to paragraph (1) for a fiscal year, the øDirector¿ Administrator of FEMA may use not more than three percent of 

the funds to cover salaries and expenses and other administrative costs incurred by the øDirector¿ Administrator of FEMA 

to make grants and provide assistance under this section. 

* * * * * * * 

Æ 


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