Text: S.1152 — 108th Congress (2003-2004)All Information (Except Text)
Public Law No: 108-169 (12/06/2003)
[108th Congress Public Law 169]
[From the U.S. Government Printing Office]
UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION AND FIREFIGHTING
[[Page 117 STAT. 2036]]
Public Law 108-169
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
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
[[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
``(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
``(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
``(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
``(vi) equipment and methods for training,
especially for virtual reality training; and
``(vii) robotics and other remote-controlled
``(B) evaluate the compatibility of new equipment
and technology with existing firefighting technology;
``(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
``(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
``(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
(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
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
(2) by redesignating subparagraph (F) as subparagraph (N);
(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
``(H) response, tactics, and strategies for dealing
with terrorist-caused national catastrophes;
``(I) use of and familiarity with the Federal
``(J) leadership and strategic skills, including
integrated management systems operations and integrated
``(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
``(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
(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
[[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
``(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
(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
(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
(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
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
CONGRESSIONAL RECORD, Vol. 149 (2003):
Nov. 20, considered and passed Senate.
Nov. 21, considered and passed House.