Text: S.2606 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-376 (10/08/2008)

 
[110th Congress Public Law 376]
[From the U.S. Government Printing Office]


[DOCID: f:publ376.110]

[[Page 4055]]

      UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION ACT OF 2008

[[Page 122 STAT. 4056]]

Public Law 110-376
110th Congress

                                 An Act


 
  To reauthorize the United States Fire Administration, and for other 
             purposes. <<NOTE: Oct. 8, 2008 -  [S. 2606]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: United States 
Fire Administration Reauthorization Act of 2008.>> assembled,
SECTION 1. <<NOTE: 15 USC 2201 note.>> SHORT TITLE.

    This subtitle may be cited as the ``United States Fire 
Administration Reauthorization Act of 2008''.
SEC. 2. <<NOTE: 15 USC 2201 note.>> FINDINGS.

    Congress makes the following findings:
            (1) The number of lives lost each year because of fire has 
        dropped significantly over the last 25 years in the United 
        States. However, the United States still has one of the highest 
        fire death rates in the industrialized world. In 2006, the 
        National Fire Protection Association reported 3,245 civilian 
        fire deaths, 16,400 civilian fire injuries, and $11,307,000,000 
        in direct losses due to fire.
            (2) Every year, more than 100 firefighters die in the line 
        of duty. The United States Fire Administration should continue 
        its leadership to help local fire agencies dramatically reduce 
        these fatalities.
            (3) The Federal Government should continue to work with 
        State and local governments and the fire service community to 
        further the promotion of national voluntary consensus standards 
        that increase firefighter safety.
            (4) The United States Fire Administration provides crucial 
        support to the 30,300 fire departments of the United States 
        through training, emergency incident data collection, fire 
        awareness and education, and support of research and development 
        activities for fire prevention, control, and suppression 
        technologies.
            (5) The collection of data on fire and other emergency 
        incidents is a vital tool both for policy makers and emergency 
        responders to identify and develop responses to emerging 
        hazards. Improving the data collection capabilities of the 
        United States Fire Administration is essential for accurately 
        tracking and responding to the magnitude and nature of the fire 
        problems of the United States.
            (6) The research and development performed by the National 
        Institute of Standards and Technology, the United States Fire 
        Administration, other government agencies, and nongovernmental 
        organizations on fire technologies, techniques, and tools 
        advance the capabilities of the fire service of the United 
        States to suppress and prevent fires.

[[Page 122 STAT. 4057]]

            (7) Because of the essential role of the United States Fire 
        Administration and the fire service community in preparing for 
        and responding to national and man-made disasters, the United 
        States Fire Administration should have a prominent place within 
        the Federal Emergency Management Agency and the Department of 
        Homeland Security.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES FIRE 
                    ADMINISTRATION.

    Section 17(g)(1) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2216(g)(1)) is amended--
            (1) in subparagraph (C), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding after subparagraph (D) the following:
                    ``(E) $70,000,000 for fiscal year 2009, of which 
                $2,520,000 shall be used to carry out section 8(f);
                    ``(F) $72,100,000 for fiscal year 2010, of which 
                $2,595,600 shall be used to carry out section 8(f);
                    ``(G) $74,263,000 for fiscal year 2011, of which 
                $2,673,468 shall be used to carry out section 8(f); and
                    ``(H) $76,490,890 for fiscal year 2012, of which 
                $2,753,672 shall be used to carry out section 8(f).''.
SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS AND 
                    REPORTS.

    (a) Amendments to Fire Academy Training.--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 amending subparagraph (H) to read as follows:
                    ``(H) tactics and strategies for dealing with 
                natural disasters, acts of terrorism, and other man-made 
                disasters;'';
            (2) in subparagraph (K), by striking ``forest'' and 
        inserting ``wildland'';
            (3) in subparagraph (M), by striking ``response'';
            (4) by redesignating subparagraphs (I) through (N) as 
        subparagraphs (M) through (R), respectively; and
            (5) by inserting after subparagraph (H) the following:
                    ``(I) tactics and strategies for fighting large-
                scale fires or multiple fires in a general area that 
                cross jurisdictional boundaries;
                    ``(J) tactics and strategies for fighting fires 
                occurring at the wildland-urban interface;
                    ``(K) tactics and strategies for fighting fires 
                involving hazardous materials;
                    ``(L) advanced emergency medical services 
                training;''.

    (b) On-Site Training.--Section 7 of such Act (15 U.S.C. 2206) is 
amended--
            (1) in subsection (c)(6), by inserting ``, including on-site 
        training'' after ``United States'';
            (2) in subsection (f), by striking ``4 percent'' and 
        inserting ``7.5 percent''; and
            (3) by adding at the end the following:

    ``(m) On-Site Training.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Administrator may enter into a contract with nationally

[[Page 122 STAT. 4058]]

        recognized organizations that have established on-site training 
        programs that comply with national voluntary consensus standards 
        for fire service personnel to facilitate the delivery of the 
        education and training programs outlined in subsection (d)(1) 
        directly to fire service personnel.
            ``(2) Limitation.--
                    ``(A) In general.--The Administrator may not enter 
                into a contract with an organization described in 
                paragraph (1) unless such organization provides training 
                that--
                          ``(i) leads to certification by a program that 
                      is accredited by a nationally recognized 
                      accreditation organization; or
                          ``(ii) the Administrator determines is of 
                      equivalent quality to a fire service training 
                      program described by clause (i).
                    ``(B) Approval of unaccredited fire service training 
                programs.--The Administrator may consider the fact that 
                an organization has provided a satisfactory fire service 
                training program pursuant to a cooperative agreement 
                with a Federal agency as evidence that such program is 
                of equivalent quality to a fire service training program 
                described by subparagraph (A)(i).
            ``(3) Restriction on use of funds.--The amounts expended by 
        the Administrator to carry out this subsection in any fiscal 
        year shall not exceed 7.5 per centum of the amount authorized to 
        be appropriated in such fiscal year pursuant to section 17.''.

    (c) Triennial Reports.--Such section 7 (15 U.S.C. 2206) is further 
amended by adding at the end the following:
    ``(n) Triennial Report.--In the first annual report filed pursuant 
to section 16 for which the deadline for filing is after the expiration 
of the 18-month period that begins on the date of the enactment of the 
United States Fire Administration Reauthorization Act of 2008, and in 
every third annual report thereafter, the Administrator shall include 
information about changes made to the National Fire Academy curriculum, 
including--
            ``(1) the basis for such changes, including a review of the 
        incorporation of lessons learned by emergency response personnel 
        after significant emergency events and emergency preparedness 
        exercises performed under the National Exercise Program; and
            ``(2) the desired training outcome of all such changes.''.

    (d) Report on Feasibility of Providing Incident Command Training for 
Fires at Ports and in Marine Environments.--
            (1) In general.--Not later than 1 year after the date of the 
        enactment of this Act, the Administrator of the United States 
        Fire Administration shall submit to Congress a report on the 
        feasibility of providing training in incident command for 
        appropriate fire service personnel for fires at United States 
        ports and in marine environments, including fires on the water 
        and aboard vessels.
            (2) Contents.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description of the necessary curriculum for 
                training described in paragraph (1).
                    (B) A description of existing training programs 
                related to incident command in port and maritime 
                environments,

[[Page 122 STAT. 4059]]

                including by other Federal agencies, and the feasibility 
                and estimated cost of making such training available to 
                appropriate fire service personnel.
                    (C) An assessment of the feasibility and 
                advisability of the United States Fire Administration 
                developing such a training course in incident command 
                for appropriate fire service personnel for fires at 
                United States ports and in marine environments, 
                including fires on the water and aboard vessels.
                    (D) A description of the delivery options for such a 
                course and the estimated cost to the United States Fire 
                Administration for developing such a course and 
                providing such training for appropriate fire service 
                personnel.
SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES.

    (a) Incident Reporting System Database.--Section 9 of the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by 
adding at the end the following:
    ``(d) National Fire Incident Reporting System Update.--
            ``(1) In general.--The Administrator shall update the 
        National Fire Incident Reporting System to ensure that the 
        information in the system is available, and can be updated, 
        through the Internet and in real time.
            ``(2) Limitation.--Of the amounts made available pursuant to 
        subparagraphs (E), (F), and (G) of section 17(g)(1), the 
        Administrator shall use not more than an aggregate amount of 
        $5,000,000 during the 3-year period consisting of fiscal years 
        2009, 2010, and 2011 to carry out the activities required by 
        paragraph (1).''.

    (b) Technical Correction.--Section 9(b)(2) of such Act (15 U.S.C. 
2208(b)(2)) is amended by striking ``assist State,'' and inserting 
``assist Federal, State,''.
SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND RESEARCH DISSEMINATION.

    (a) Assistance to Fire Services for Fire Prevention and Control in 
Wildland-Urban Interface.--Section 8(d) of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2207(d)) is amended to read as 
follows:
    ``(d) Rural and Wildland-Urban Interface Assistance.--The 
Administrator may, in coordination with the Secretary of Agriculture, 
the Secretary of the Interior, and the Wildland Fire Leadership Council, 
assist the fire services of the United States, directly or through 
contracts, grants, or other forms of assistance, in sponsoring and 
encouraging research into approaches, techniques, systems, equipment, 
and land-use policies to improve fire prevention and control in--
            ``(1) the rural and remote areas of the United States; and
            ``(2) the wildland-urban interface.''.

    (b) Technology Research Dissemination.--Section 8 of such Act (15 
U.S.C. 2207) is amended by adding at the end the following:
    ``(h) Publication of Research Results.--
            ``(1) In general.-- <<NOTE: Public information. Web 
        site.>> For each fire-related research program funded by the 
        Administration, the Administrator shall make available to the 
        public on the Internet website of the Administration the 
        following:
                    ``(A) A description of such research program, 
                including the scope, methodology, and goals thereof.

[[Page 122 STAT. 4060]]

                    ``(B) Information that identifies the individuals or 
                institutions conducting the research program.
                    ``(C) The amount of funding provided by the 
                Administration for such program.
                    ``(D) The results or findings of the research 
                program.
            ``(2) Deadlines.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the information required by paragraph 
                (1) shall be published with respect to a research 
                program as follows:
                          ``(i) The information described in 
                      subparagraphs (A), (B), and (C) of paragraph (1) 
                      with respect to such research program shall be 
                      made available under paragraph (1) not later than 
                      30 days after the Administrator has awarded the 
                      funding for such research program.
                          ``(ii) The information described in 
                      subparagraph (D) of paragraph (1) with respect to 
                      a research program shall be made available under 
                      paragraph (1) not later than 60 days after the 
                      date such research program has been completed.
                    ``(B) Exception.--No information shall be required 
                to be published under this subsection before the date 
                that is 1 year after the date of the enactment of the 
                United States Fire Administration Reauthorization Act of 
                2008.''.
SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH 
                    AND SAFETY.

    The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 
et seq.) is amended by adding at the end the following:
``SEC. 37. <<NOTE: 15 USC 2234.>>  ENCOURAGING ADOPTION OF 
                      STANDARDS FOR FIREFIGHTER HEALTH AND SAFETY.

    ``The Administrator shall promote adoption by fire services of 
national voluntary consensus standards for firefighter health and 
safety, including such standards for firefighter operations, training, 
staffing, and fitness, by--
            ``(1) educating fire services about such standards;
            ``(2) encouraging the adoption at all levels of government 
        of such standards; and
            ``(3) making recommendations on other ways in which the 
        Federal Government can promote the adoption of such standards by 
        fire services.''.
SEC. 8. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT NATIONAL 
                    OPERATIONS CENTER.

    Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 321d) is 
amended by adding at the end the following:
    ``(c) State and Local Fire Service Representation.--
            ``(1) Establishment of position.--The Secretary shall, in 
        consultation with the Administrator of the United States Fire 
        Administration, establish a fire service position at the 
        National Operations Center established under subsection (b) to 
        ensure the effective sharing of information between the Federal 
        Government and State and local fire services.
            ``(2) Designation of position.--The Secretary shall 
        designate, on a rotating basis, a State or local fire service 
        official for the position described in paragraph (1).

[[Page 122 STAT. 4061]]

            ``(3) Management.--The Secretary shall manage the position 
        established pursuant to paragraph (1) in accordance with such 
        rules, regulations, and practices as govern other similar 
        rotating positions at the National Operations Center.''.
SEC. 9. COORDINATION REGARDING FIRE PREVENTION AND CONTROL AND 
                    EMERGENCY MEDICAL SERVICES.

    (a) In General.--Section 21(e) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2218(e)) is amended to read as follows:
    ``(e) Coordination.--
            ``(1) In general.--To the extent practicable, the 
        Administrator shall use existing programs, data, information, 
        and facilities already available in other Federal Government 
        departments and agencies and, where appropriate, existing 
        research organizations, centers, and universities.
            ``(2) Coordination of fire prevention and control 
        programs.--The Administrator shall provide liaison at an 
        appropriate organizational level to assure coordination of the 
        activities of the Administrator with Federal, State, and local 
        government agencies and departments and nongovernmental 
        organizations concerned with any matter related to programs of 
        fire prevention and control.
            ``(3) Coordination of emergency medical services programs.--
        The Administrator shall provide liaison at an appropriate 
        organizational level to assure coordination of the activities of 
        the Administrator related to emergency medical services provided 
        by fire service-based systems with Federal, State, and local 
        government agencies and departments and nongovernmental 
        organizations so concerned, as well as those entities concerned 
        with emergency medical services generally.''.

    (b) Fire Service-Based Emergency Medical Services Best Practices.--
Section 8(c) of such Act (15 U.S.C. 2207(c)) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:

    ``(2) The Administrator is authorized to conduct, directly or 
through contracts or grants, studies of the operations and management 
aspects of fire service-based emergency medical services and 
coordination between emergency medical services and fire services. Such 
studies may include the optimum protocols for on-scene care, the 
allocation of resources, and the training requirements for fire service-
based emergency medical services.''.
SEC. 10. AMENDMENTS TO DEFINITIONS.

    Section 4 of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2203) is amended--
            (1) in paragraph (3), by striking ``Administration'' and 
        inserting ``Administration, within the Federal Emergency 
        Management Agency'';
            (2) in paragraph (7), by striking the ``and'' after the 
        semicolon;
            (3) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:

[[Page 122 STAT. 4062]]

            ``(9) `wildland-urban interface' has the meaning given such 
        term in section 101 of the Healthy Forests Restoration Act of 
        2003 (16 U.S.C. 6511).''.
SEC. 11. SUPPORTING THE ADOPTION OF FIRE SPRINKLERS.

    Congress supports the recommendations of the United States Fire 
Administration regarding the adoption of fire sprinklers in commercial 
buildings and educational programs to raise awareness of the important 
of installing fire sprinklers in residential buildings.

    Approved October 8, 2008.

LEGISLATIVE HISTORY--S. 2606 (H.R. 4847):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-559 accompanying H.R. 4847 (Comm. on Science and 
Technology).
SENATE REPORTS: No. 110-411 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 18, considered and passed Senate.
            Sept. 22, 24, considered and passed House.

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