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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees 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 con-
cerned 
A BILL 
To authorize the use of a covered grant to provide a reason-
able stipend to paid-on-call or volunteer first responders 
for travel to or participation in training to prevent, pre-
pare for, respond to, or mitigate terrorist attacks, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Volunteer First Re-
sponder Fairness Act of 2004’’.
SEC. 2. STIPEND FOR PAID-ON-CALL OR VOLUNTEER FIRST 
RESPONDERS. 
(a) IN GENERAL.—A covered grant may be used 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 threatened 
or actual terrorist attacks, if such first responders are not 
otherwise compensated for such travel or participation. 
(b) RELATION TO FAIR LABOR STANDARDS ACT OF 
1938.—Any stipend received under subsection (a) shall 
not be considered compensation for purposes of rendering 
a first responder an employee under the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.). 
(c) DEFINITIONS.—In this Act: 
(1) The term ‘‘covered grant’’— 
(A) means a grant that— 
(i) is provided by the Department to 
a State, region, or directly eligible tribe for 
the primary purpose of improving the abil-
ity of first responders to prevent, prepare 
for, respond to, or mitigate threatened or 
actual terrorist attacks, especially those in-
volving weapons of mass destruction; and 
(ii) is administered under— 
(I) the State Homeland Security 
Grant Program of the Department of
Homeland Security, or any successor 
to such grant program; 
(II) the Urban Area Security Ini-
tiative of the Department, or any suc-
cessor to such grant program; 
(III) the Law Enforcement Ter-
rorism Prevention Program of the De-
partment, or any successor to such 
grant program; or 
(IV) the Citizen Corps Program 
of the Department, or any successor 
to such grant program; and 
(B) excludes any grant that is adminis-
tered under— 
(i) a Federal grant program that is 
not administered by the Department; 
(ii) the fire grant programs authorized 
by sections 33 and 34 of the Federal Fire 
Prevention and Control Act of 1974 (15 
U.S.C. 2229, 2229a); or 
(iii) the Emergency Management Per-
formance Grant program and the Urban 
Search and Rescue Grants program au-
thorized by title VI of the Robert T. Staf-
ford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5195 et seq.); the De-
partments of Veterans Affairs and Hous-
ing and Urban Development, and Inde-
pendent 
Agencies 
Appropriations 
Act, 
2000 (113 Stat. 1047 et seq.); and the 
Earthquake Hazards Reduction Act of 
1977 (42 U.S.C. 7701 et seq.). 
(2) The term ‘‘Department’’ means the Depart-
ment of Homeland Security. 
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