I 

108TH CONGRESS 

2D SESSION H. R. 5392 

To authorize the use of a covered grant to provide a reasonable stipend 

to paid-on-call or volunteer first responders for travel to or participation 

in training to prevent, prepare for, respond to, or mitigate terrorist 

attacks, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2004 

Mr. STUPAK introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and the Judiciary, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the use of a covered grant to provide a reasonable stipend to paid-on-call or volunteer first responders 

for travel to or participation in training to prevent, prepare for, respond to, or mitigate terrorist attacks, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Volunteer First Re5 sponder Fairness Act of 2004’’. 
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1 SEC. 2. STIPEND FOR PAID-ON-CALL OR VOLUNTEER FIRST 

2 RESPONDERS. 

3 (a) IN GENERAL.—A covered grant may be used to 

4 provide a reasonable stipend to paid-on-call or volunteer 

5 first responders for travel to or participation in training 

6 to prevent, prepare for, respond to, or mitigate threatened 

7 or actual terrorist attacks, if such first responders are not 

8 otherwise compensated for such travel or participation. 

9 (b) RELATION TO FAIR LABOR STANDARDS ACT OF

10 1938.—Any stipend received under subsection (a) shall 

11 not be considered compensation for purposes of rendering 

12 a first responder an employee under the Fair Labor 

13 Standards Act of 1938 (29 U.S.C. 201 et seq.). 

14 (c) DEFINITIONS.—In this Act: 

15 (1) The term ‘‘covered grant’’— 

16 (A) means a grant that— 

17 (i) is provided by the Department to 

18 a State, region, or directly eligible tribe for 

19 the primary purpose of improving the abil20 ity of first responders to prevent, prepare 

21 for, respond to, or mitigate threatened or 

22 actual terrorist attacks, especially those in23 volving weapons of mass destruction; and 

24 (ii) is administered under— 

25 (I) the State Homeland Security 

26 Grant Program of the Department of 
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1 Homeland Security, or any successor 

2 to such grant program; 

3 (II) the Urban Area Security Ini4 tiative of the Department, or any suc5 cessor to such grant program; 

6 (III) the Law Enforcement Ter7 rorism Prevention Program of the De8 partment, or any successor to such 

9 grant program; or 

10 (IV) the Citizen Corps Program 

11 of the Department, or any successor 

12 to such grant program; and 

13 (B) excludes any grant that is adminis14 tered under— 

15 (i) a Federal grant program that is 

16 not administered by the Department; 

17 (ii) the fire grant programs authorized 

18 by sections 33 and 34 of the Federal Fire 

19 Prevention and Control Act of 1974 (15 

20 U.S.C. 2229, 2229a); or 

21 (iii) the Emergency Management Per22 formance Grant program and the Urban 

23 Search and Rescue Grants program au24 thorized by title VI of the Robert T. Staf25 ford Disaster Relief and Emergency Assist-
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1 ance Act (42 U.S.C. 5195 et seq.); the De2 partments of Veterans Affairs and Hous3 ing and Urban Development, and Inde4 pendent Agencies Appropriations Act, 

5 2000 (113 Stat. 1047 et seq.); and the 

6 Earthquake Hazards Reduction Act of 

7 1977 (42 U.S.C. 7701 et seq.). 

8 (2) The term ‘‘Department’’ means the Depart9 ment of Homeland Security. 

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