Text: S.1152 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-169 (12/06/2003)

 
[108th Congress Public Law 169]
[From the U.S. Government Printing Office]


[DOCID: f:publ169.108]

[[Page 2035]]

   UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION AND FIREFIGHTING 
                          RESEARCH COORDINATION

[[Page 117 STAT. 2036]]

Public Law 108-169
108th Congress

                                 An Act


 
  To reauthorize the United States Fire Administration, and for other 
             purposes. <<NOTE: Dec. 6, 2003 -  [S. 1152]>> 

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

       TITLE I--UNITED <<NOTE: United States Fire Administration 
       Reauthorization Act of 2003.>> STATES FIRE ADMINISTRATION 
REAUTHORIZATION

SEC. 101. <<NOTE: 15 USC 2201 note.>> SHORT TITLE.

    This title may be cited as the ``United States Fire Administration 
Reauthorization Act of 2003''.
SEC. 102. <<NOTE: 15 USC 2204 note.>> RE-ESTABLISHMENT OF POSITION 
                        OF UNITED STATES FIRE ADMINISTRATOR.

    Section 1513 of the Homeland Security Act of 2002 (6 U.S.C. 553) 
does not apply to the position or office of Administrator of the United 
States Fire Administration, who shall continue to be appointed and 
compensated as provided by section 5(b) of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2204(b)).

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    Section 17(g)(1) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2216(g)) is amended by striking subparagraphs (A) 
through (K) and inserting the following:
            ``(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); and
            ``(D) $68,800,000 for fiscal year 2008, of which $2,476,000 
        shall be used to carry out section 8(f).''.

 TITLE II--FIREFIGHTING <<NOTE: Firefighting Research and Coordination 
Act.>> RESEARCH AND COORDINATION

SEC. 201. <<NOTE: 15 USC 2201 note.>> SHORT TITLE.

    This title may be cited as the ``Firefighting Research and 
Coordination Act''.

[[Page 117 STAT. 2037]]

SEC. 202. NEW FIREFIGHTING TECHNOLOGY.

    Section 8 of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2207) is amended--
            (1) by redesignating subsection (e) as subsection (g); and
            (2) by inserting after subsection (d) the following:

    ``(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;
                          ``(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 below-ground 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 <<NOTE: Regulations.>> 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.

[[Page 117 STAT. 2038]]

            ``(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.''.

SEC. 203. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY.

    (a) In General.--Section 10 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2209) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:

    ``(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--
                    ``(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.''.

    (b) Report on Strategic Needs.--Within <<NOTE: Deadline.>> 90 days 
after the date of enactment of this Act, the Administrator of the United 
States Fire Administration shall report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Science on the need for a strategy concerning deployment of 
volunteers and emergency response personnel (as defined in section 6 of 
the Firefighters' Safety Study Act (15

[[Page 117 STAT. 2039]]

U.S.C. 2223e)), including a national credentialing system, in the event 
of a national emergency.
    (c) Report on Federal Response Plan.--Within <<NOTE: Deadline.>> 180 
days after the date of enactment of this Act, the Department of Homeland 
Security shall transmit a report to the Senate Committee on Commerce, 
Science, and Transportation, the Senate Committee on Governmental 
Affairs, and the House of Representatives Committee on Science 
describing plans for revisions to the Federal Response Plan and its 
integration into the National Response Plan, including how the revised 
plan will address response to terrorist attacks, particularly in urban 
areas, including fire detection and suppression and related emergency 
services.

SEC. 204. TRAINING.

    (a) In General.--Section 7(d)(1) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2206(d)(1)) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (E);
            (2) by redesignating subparagraph (F) as subparagraph (N); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) strategies for building collapse rescue;
                    ``(G) the use of technology in response to fires, 
                including terrorist incidents and other national 
                emergencies;
                    ``(H) response, tactics, and strategies for dealing 
                with terrorist-caused national catastrophes;
                    ``(I) use of and familiarity with the Federal 
                Response Plan;
                    ``(J) leadership and strategic skills, including 
                integrated management systems operations and integrated 
                response;
                    ``(K) applying new technology and developing 
                strategies and tactics for fighting forest fires;
                    ``(L) integrating the activities of terrorism 
                response agencies into national terrorism incident 
                response systems;
                    ``(M) response tactics and strategies for fighting 
                fires at United States ports, including fires on the 
                water and aboard vessels; and''.

    (b) Consultation <<NOTE: 15 USC 2206 note.>> on Fire Academy 
Classes.--The Superintendent of the National Fire Academy may consult 
with other Federal, State, and local agency officials in developing 
curricula for classes offered by the Academy.

    (c) Coordination <<NOTE: 15 USC 2206 note.>> With Other Programs To 
Avoid Duplication.--The Administrator of the United States Fire 
Administration shall coordinate training provided under section 7(d)(1) 
of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
2206(d)(1)) with the Attorney General, the Secretary of Health and Human 
Services, and the heads of other Federal agencies--
            (1) to ensure that such training does not duplicate existing 
        courses available to fire service personnel; and
            (2) to establish a mechanism for eliminating duplicative 
        training programs.

    (d) Courses and Training Assistance.--Section 7(l) of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(l)) is amended 
by adding at the end the following: ``The Superintendent 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.''.

[[Page 117 STAT. 2040]]

SEC. 205. FIREFIGHTER ASSISTANCE GRANTS PROGRAM.

    (a) Administration.--The first section 33 of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended--
            (1) by striking subsection (b)(2) and inserting the 
        following:
            ``(2) Administrative assistance.--The Director shall 
        establish specific criteria for the selection of recipients of 
        assistance under this section and shall provide grant-writing 
        assistance to applicants.''; and
            (2) by striking ``operate the office established under 
        subsection (b)(2) and'' in subsection (e)(2).

    (b) Maritime Firefighting.--Subsection (b)(3)(B) of the first 
section 33 of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229(b)(3)(B)) is amended by inserting ``maritime firefighting,'' 
after ``arson prevention and detection,''.
    (c) Firefighting in Remote Areas.--The first section 33 of the 
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is 
amended--
            (1) by inserting ``equipment for fighting fires with foam in 
        remote areas without access to water, and'' after ``including'' 
        in subsection (b)(3)(H); and
            (2) by inserting ``Of the amounts authorized in this 
        paragraph, $3,000,000 shall be made available each year through 
        fiscal year 2008 for foam firefighting equipment.'' at the end 
        of subsection (e)(1).

SEC. 206. NATIONAL FALLEN FIREFIGHTERS FOUNDATION.

    (a) Members.--Section 151303(b) of title 36, United States Code, is 
amended--
            (1) by striking ``9'' in paragraph (2) and inserting ``12'';
            (2) by striking ``six'' in subparagraph (D) of paragraph (2) 
        and inserting ``nine''; and
            (3) by striking ``3 members'' in paragraph (3) and inserting 
        ``4 members''.

    (b) Compensation.--Section 151304(b)(3) of title 36, United States 
Code, is amended by inserting ``15 percent above'' after ``more than''.

[[Page 117 STAT. 2041]]

    (c) Period of Authorized Assistance.--Section 151307 of title 36, 
United States Code, is amended in subsection (a)(1), by striking 
``During the 10-year period beginning on the date of the enactment of 
the Fire Administration Authorization Act of 2000, the'' and inserting 
``The''.

    Approved December 6, 2003.

LEGISLATIVE HISTORY--S. 1152 (H.R. 2692):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-245 accompanying H.R. 2692 (Comm. on Science).
SENATE REPORTS: No. 108-126 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Nov. 20, considered and passed Senate.
            Nov. 21, considered and passed House.

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