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112th Congress  }                                           {    Report
  2d Session    }             SENATE                        {   112-180
_______________________________________________________________________
                                                       Calendar No. 447
 
    UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION ACT OF 2012 

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2218

  TO REAUTHORIZE THE UNITED STATES FIRE ADMINISTRATION, AND FOR OTHER 
                                PURPOSES

                  [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 July 12, 2012.--Ordered to be printed


                               _____

                   U.S. GOVERNMENT PRINTING OFFICE

                           WASHINGTON : 2012






        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii              TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware           SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana          RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri           ROB PORTMAN, Ohio
JON TESTER, Montana                  RAND PAUL, Kentucky
MARK BEGICH, Alaska                  JERRY MORAN, Kansas

                  Michael L. Alexander, Staff Director
       Beth M. Grossman, Deputy Staff Director and Chief Counsel
              Jason T. Barnosky, Professional Staff Member
               Nicholas A. Rossi, Minority Staff Director
                Mark B. LeDuc, Minority General Counsel
        Eric B. Heighberger, Minority Professional Staff Member
                  Trina Driessnack Tyrer, Chief Clerk
                                                       Calendar No. 447
112th Congress  }                                            {   Report
  2d Session    }            SENATE                          {  112-180

=======================================================================

     UNITED STATES FIRE ADMINISTRATION REAUTHORIZATION ACT OF 2012

                                _______
                                

                 July 12, 2012.--Ordered to be printed

                                _______
                                

Mr. Lieberman, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2218]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2218) to 
reauthorize the United States Fire Administration, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    S. 2218 reauthorizes appropriations for the United Stated 
Fire Administration (USFA), an entity within the Department of 
Homeland Security's Federal Emergency Management Agency (FEMA), 
which provides training for firefighters and collects, 
analyzes, and disseminates important information about fires 
and other emergencies throughout the nation. The bill also 
updates USFA's authorizing Act (the Federal Fire Prevention and 
Control Act of 1974\1\) to reflect organizational changes to 
USFA made over the years through executive action and other 
statutes. Specifically, the bill changes the Act to reflect 
USFA's move to FEMA from the Department of Commerce and to 
recognize that the Deputy Administrator of USFA is no longer a 
Senate-confirmed position.
---------------------------------------------------------------------------
    \1\15 U.S.C. 2201 et. seq.
---------------------------------------------------------------------------

              II. Background and Need for the Legislation

    USFA is the primary federal entity for serving the needs of 
our nation's firefighters and for reducing death, injuries, and 
economic losses due to fire and related emergencies. USFA 
trains fire and emergency medical services officers at the 
National Fire Academy; offers fire awareness and education 
programs; and operates the National Fire Incident Reporting 
System, which collects, analyzes, and disseminates data and 
information on fires and other emergency incidents.
    Originally named the National Fire Prevention and Control 
Administration (NFPCA), USFA was established by the Federal 
Fire Prevention and Control Act of 1974.\2\ The impetus for its 
creation came from America Burning, a 1973 report issued by the 
National Commission of Fire Prevention and Control. This 
landmark study described the high toll fire had on the United 
States and recommended, among other things, a greater focus on 
prevention and education and the creation of a new federal 
agency to assist in these efforts.\3\ The Federal Fire 
Prevention and Control Act placed NFPCA in the Department of 
Commerce. Congress changed the agency's name to USFA in 1978. 
In 1979, President Carter created FEMA in Reorganization Plan 
Number 3 and moved USFA into the new agency.\4\ When the 
Homeland Security Act of 2002 transferred FEMA to the new 
Department of Homeland Security, USFA was transferred with 
it.\5\
---------------------------------------------------------------------------
    \2\Lennard G. Kruger, United States Fire Administration: An 
Overview (Congressional Research Service: 23 June 2009) 1.
    \3\Kruger 1; National Commission on Fire Prevention and Control, 
America Burning: The Report of the National Commission on Fire 
Prevention and Control (Washington, D.C.: 4 May 1973) X-XI.
    \4\Reorganization Plan No. 3 of 1978, Federal Register (Vol. 43, No 
183--Tuesday, September 19, 1978; Kruger 1.
    \5\P.L. 107-296 503.
---------------------------------------------------------------------------
    USFA has served the nation well since its creation, leading 
Congress to reauthorize it six times over the past thirty 
years, most recently in 2008. The need for USFA's services 
remains today. Although the death rate from fires in the U.S. 
has declined over the past decade, it remains higher than that 
of many industrialized countries.\6\ Moreover, fires continue 
to cause significant property losses. USFA estimates annual 
losses of $11.9 billion.\7\ USFA's central role in fire 
prevention will continue to help efforts to address these 
problems. Further, training continues to pose difficulties for 
firefighters. For example, the Third Needs Assessment of the 
U.S. Fire Service, issued in 2011 by the National Fire 
Protection Association, found shortcomings in training for 
specialized activities such as hazardous materials and wildland 
firefighting, although training levels have improved 
significantly in recent years.\8\ USFA, through the National 
Fire Academy, will continue to play a significant role in 
making these improvements.
---------------------------------------------------------------------------
    \6\USFA, United States Fire Administration: Fiscal Year 2010 Report 
to Congress (Washington, D.C.: September 2011) 4.
    \7\Ibid. 4.
    \8\National Fire Protection Association, Third Needs Assessment of 
the U.S. Fire Service (Quincy, MA: June 2011) 20 and 22.
---------------------------------------------------------------------------
    In addition to reauthorizing USFA through fiscal year 2017 
at the existing authorization level, S. 2218 makes modest 
changes to the Act, generally to update the statute where it 
does not reflect USFA's current organization. For example, 
Congress never updated the statute to reflect USFA's 1979 move 
from the Department of Commerce to FEMA through Reorganization 
Plan Number 3. Similarly, the requirement of Senate 
confirmation for USFA's Deputy Administrator was eliminated by 
the 1979 Reorganization Plan.\9\ S. 2218 updates the Act to 
reflect these changes. The bill also broadens the USFA 
Administrator's authority to conduct public education, allowing 
the Administrator to address individual preparedness for 
disasters. The USFA has a long and successful record in 
conducting public education campaigns, such as its ``Install. 
Inspect. Protect.'' campaign to encourage proper use of smoke 
alarms, and this will enable the USFA Administrator to play a 
larger role in FEMA's efforts to encourage individual 
preparedness.
---------------------------------------------------------------------------
    \9\Reorganization Plan No. 3 of 1978.
---------------------------------------------------------------------------

                        III. Legislative History

    Senators Lieberman, Collins, Carper, McCain, and Brown (MA) 
introduced S. 2218 on March 21, 2012. The bill was referred to 
the Committee on Homeland Security and Governmental Affairs, 
and the Committee considered the bill at a business meeting on 
May 16, 2012.
    The Committee ordered the bill reported favorably and 
without amendment by voice vote. Senators present for the vote 
were Lieberman, Levin, Akaka, Carper, Pryor, Tester, Begich, 
Collins, and Brown. Senators Coburn and Johnson were recorded 
as voting against the bill by proxy.

                    IV. Section-by-Section Analysis


Section 1. Short title

    This section provides the bill's short title, United State 
Fire Administration Reauthorization Act of 2012.

Section 2. Clarification of relationship between United States Fire 
        Administration and Federal Emergency Management Agency

    Subsections (a) and (b) update sections 3 and 5, 
respectively, of the Federal Fire Prevention and Control Act 
(15 U.S.C. 2202 and 2204) to reflect the fact that President 
Carter moved USFA from the Department of Commerce to FEMA in 
1979.
    Subsection (c) amends section 5 of the Federal Fire 
Prevention and Control Act (15 U.S.C. 2204) to reflect the fact 
that the Deputy Administrator of USFA is no longer a Senate 
confirmed position.

Section 3. Modification of authority of Administrator of United States 
        Fire Administration to educate public about fire and fire 
        prevention

    This section amends section 6 of the Federal Fire 
Prevention and Control Act (15 U.S.C. 2205). It authorizes the 
USFA Administrator to take steps to educate the public on fire 
and fire prevention, as well as individual preparedness.

Section 4. Authorization of appropriations for United States Fire 
        Administration

    This section amends section 17 of the Federal Fire 
Prevention and Control Act (15 U.S.C. 2216) to authorize 
appropriations of $76,490,890 for each of fiscal years 2013 
through 2017.

Section 5. Amendment to definition regarding Administrator of FEMA

    Subsection (a) updates section 4 of the Federal Fire 
Prevention and Control Act (15 U.S.C. Sec. 2203) to reflect 
that the head of FEMA now holds the title of ``Administrator'' 
rather than ``Director.''
    Subsection (b) strikes the term ``Director'' in each place 
it appears in the Federal Fire Prevention and Control Act (15 
U.S.C. Sec. Sec. 2201 et seq.) and replaces it with 
``Administrator of FEMA''. It also strikes the phrase 
``Director's Award'' wherever it appears and replaces it with 
``Administrator's Award.''

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact. The Committee 
agrees with the Congressional Budget Office's statement that 
the bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.

             VI. Congressional Budget Office Cost Estimate

                                                      May 24, 2012.
Hon. Joseph I. Lieberman, 
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2218, the United 
States Fire Administration Reauthorization Act of 2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2218--United States Fire Administration Reauthorization Act of 2012

    Summary: S. 2218 would reauthorize the U.S. Fire 
Administration (USFA) through fiscal year 2017. Under current 
law, funding is authorized through 2012. Based on historical 
spending patterns, CBO estimates that implementing this 
legislation would cost about $350 million over the 2013-2017 
period, assuming appropriation of the specified amounts.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    S. 2218 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2218 is shown in the following table. 
The costs of this legislation fall within budget function 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2013     2014     2015     2016     2017   2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................       76       76       76       76       76       382
Estimated Outlays.......................................       50       72       76       76       76      350
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted at the end of fiscal year 2012 and 
that the specified amounts will be appropriated for each year.
    The USFA coordinates with other emergency service entities 
to assist local communities and the public in planning for and 
reducing the risk of fire hazards. Funding is used to educate 
and train emergency responders; conduct research on fire 
detection and prevention, first responder health, and the 
effectiveness of safety programs; and conduct public outreach.
    S. 2218 would authorize the appropriation of about $76 
million per year over the 2013-2017 period (for a total of $382 
million) for operations of the USFA, about $32 million above 
amounts provided by the Congress for 2012 (see Public Law 112-
74). Based on historical spending patterns, CBO estimates that 
implementing this bill would cost $350 million over the 2013-
2017 period, assuming appropriation of the specified amounts.
    Pay-As-You-Go Considerations: None.
    Intergovernmental and private-sector impact: S. 2218 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State and local governments would benefit from 
grants, training, and technical assistance authorized by the 
bill. Any costs to those governments would be incurred 
voluntarily as conditions of federal assistance.
    Estimate prepared by: Federal Costs: Daniel Hoople; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the following changes in existing 
law made by the bill, as reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman).

                      TITLE 15--COMMERCE AND TRADE

                CHAPTER 49--FIRE PREVENTION AND CONTROL


SEC. 2202. PURPOSES.

    It is declared to be the purpose of Congress in this 
chapter to--
          (1) reduce the Nation's losses caused by fire through 
        better fire prevention and control;
          (2) supplement existing programs of research, 
        training, and education, and to encourage new and 
        improved programs and activities by State and local 
        governments;
          (3) establish the United States Fire Administration 
        and the Fire Research Center [within the Department of 
        Commerce] within the Federal Emergency Management 
        Agency; and
          (4) establish an intensified program of research into 
        the treatment of burn and smoke injuries and the 
        rehabilitation of victims of fires within the National 
        Institutes of Health.

SEC. 2203. DEFINITIONS.

    As used in this Act, the term--
          (1) ``Academy'' means the National Academy for Fire 
        Prevention and Control
          (2) ``Administration'' means the United States Fire 
        Administration established pursuant to section 2204 of 
        this title;
          (3) ``Administrator'' means except as otherwise 
        provided the Administrator of the United States Fire 
        Administration, within the Federal Emergency Management 
        Agency;
          (4) [``Director'' means the Administrator of the 
        Federal Emergency Management Agency;] ``Administrator 
        of FEMA'' means the Administrator of the Federal 
        Emergency Management Agency;
          (5) ``fire service'' means any organization in any 
        State consisting of personnel, apparatus, and equipment 
        which has as its purpose protecting property and 
        maintaining the safety and welfare of the public from 
        the dangers of fire, including a private fire-fighting 
        brigade. The personnel of any such organization may be 
        paid employees or unpaid volunteers or any combination 
        thereof. The location of any such organization and its 
        responsibility for extinguishment and suppression of 
        fires may include, but need not be limited to, a 
        Federal installation, a State, city, town, borough, 
        parish, county, fire district, fire protection 
        district, rural fire district, or other special 
        district. The terms ``fire prevention'', 
        ``firefighting'', and ``firecontrol'' relate to 
        activities conducted by a fire service;
          (6) ``local'' means of or pertaining to any city, 
        town, county, special purpose district, unincorporated 
        territory, or other political subdivision of a State;
          (7) ``place of public accommodation affecting 
        commerce'' means any inn, hotel, or other establishment 
        not owned by the Federal Government that provides 
        lodging to transient guests, except that such term does 
        not include an establishment treated as an apartment 
        building for purposes of any State or local law or 
        regulation or an establishment located within a 
        building that contains not more than 5 rooms for rent 
        or hire and that is actually occupied as a residence by 
        the proprietor of such establishment;
          (8) ``State'' means any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, the Canal Zone, Guam, American Samoa, the 
        Trust Territory of the Pacific Islands and any other 
        territory or possession of the United States; and
          (9) ``wildland-urban interface'' has the meaning 
        given such term in section 6511 of title 16.

SEC. 2204. ESTABLISHMENT OF THE UNITED STATES FIRE ADMINISTRATION.

    (a) Establishment.--There is hereby established in the 
[Department of Commerce] Federal Emergency Management Agency; 
an agency which shall be known as the United States Fire 
Administration.
    (b) Administrator.--There shall be at the head of the 
Administration the Administrator of the United States Fire 
Administration. The Administrator shall be appointed by the 
President, by and with the advice and consent of the Senate, 
and shall be compensated at the rate now or hereafter provided 
for level IV of the Executive Schedule pay rates. The 
Administrator shall report and be responsible to the [Director] 
Administrator of FEMA.
    [(c) Deputy Administrator.--There shall be in the 
Administration a Deputy Administrator of the United States Fire 
Administration who shall be appointed by the President, by and 
with the advice and consent of the Senate, and who shall be 
compensated at the rate now or hereafter provided for level V 
of the Executive Schedule pay rates. The Deputy Administrator 
shall perform such functions as the Administrator shall from 
time to time assign or delegate, and shall act as Administrator 
during the absence or disability of the Administrator or in the 
event of a vacancy in the office of Administrator.]
    (c) Deputy Administrator.--The Administrator may appoint a 
Deputy Administrator, who shall--
          (1) perform such functions as the Administrator shall 
        from time to time assign or delegate; and
          (2) act as Administrator during the absence or 
        disability of the Administrator or in the event of a 
        vacancy in the office of Administrator.

SEC. 2205. PUBLIC EDUCATION.

    The Administrator is authorized [to take all steps 
necessary to educate the public and to overcome public 
indifference as to fire and fire prevention] to take such steps 
as the Administrator considers appropriate to educate the 
public and overcome public indifference as to fire, fire 
prevention, and individual preparedness. Such steps may 
include, but are not limited to, publications, audiovisual 
presentations, and demonstrations. Such public education 
efforts shall include programs to provide specialized 
information for those groups of individuals who are 
particularly vulnerable to fire hazards, such as the young and 
the elderly. The Administrator shall sponsor and encourage 
research, testing, and experimentation to determine the most 
effective means of such public education.

SEC. 2206. NATIONAL ACADEMY FOR FIRE PREVENTION AND CONTROL.

    (a) Establishment.--The [Director] Administrator of FEMA 
shall establish, at the earliest practicable date, a National 
Academy for Fire Prevention and Control. The purpose of the 
Academy shall be to advance the professional development of 
fire service personnel and of other persons engaged in fire 
prevention and control activities.
    (b) Superintendent.--The Academy shall be headed by a 
Superintendent, who shall be appointed by the [Director] 
Administrator of FEMA. In exercising the powers and authority 
contained in this section the Superintendent shall be subject 
to the direction of the Administrator.

           *       *       *       *       *       *       *

    (g) Site selection.--The Academy shall be located on such 
site as the [Director] Administrator of FEMA selects, subject 
to the following provisions:
          (1) The [Director] Administrator of FEMA is 
        authorized to appoint a Site Selection Board consisting 
        of the Academy Superintendent and two other members to 
        survey the most suitable sites for the location of the 
        Academy and to make recommendations to the [Director] 
        Administrator of FEMA.
          (2) The Site Selection Board in making its 
        recommendations and the [Director] Administrator of 
        FEMA in making his final selection, shall give 
        consideration to the training and facility needs of the 
        Academy, environmental effects, and the possibility of 
        using a surplus Government facility, and such other 
        factors as are deemed important and relevant. The 
        [Director] Administrator of FEMA shall make a final 
        site selection not later than 2 years after October 29, 
        1974.

           *       *       *       *       *       *       *

    (j) Board of Visitors.--Upon establishment of the Academy, 
the [Director] Administrator of FEMA shall establish a 
procedure for the selection of professionals in the field of 
fire safety, fire prevention, fire control, research and 
development in fire protection, treatment and rehabilitation of 
fire victims, or local government services management to serve 
as members of a Board of Visitors for the Academy. Pursuant to 
such procedure, the [Director] Administrator of FEMA shall 
select eight such persons to serve as members of such Board of 
Visitors to serve such terms as the [Director] Administrator of 
FEMA may prescribe. The function of such Board shall be to 
review annually the program of the Academy and to make comments 
and recommendations to the [Director] Administrator of FEMA 
regarding the operation of the Academy and any improvements 
therein which such Board deems appropriate. Each member of such 
Board shall be reimbursed for any expenses actually incurred by 
him in the performance of his duties as a member of such Board.

SEC. 2210. REIMBURSEMENT FOR COSTS OF FIREFIGHTING ON FEDERAL PROPERTY.

    (a) * * *
    (b) * * *
    (c) Payment.--The [Director] Administrator of FEMA shall 
forward the claim and a copy of the Administrator's 
determination under subsection (b)(3) of this section to the 
Secretary of the Treasury. The Secretary of the Treasury shall, 
upon receipt of the claim and determination, pay such fire 
service or its parent jurisdiction, from any moneys in the 
Treasury not otherwise appropriated but subject to 
reimbursement (from any appropriations which may be available 
or which may be made available for the purpose) by the Federal 
department or agency under whose jurisdiction the fire 
occurred, a sum no greater than the amount determined with 
respect to the claim under subsection (b)(3) of this section.
    (d) * * *

SEC. 2214. PUBLIC SAFETY AWARDS.

    (a) Establishment.--There is hereby established an honorary 
award for the recognition of outstanding and distinguished 
service by public safety officers to be known as the 
[Director's Award] Administrator's Award For Distinguished 
Public Safety Service ([''Director's Award''] ``Administrator's 
Award'').
    (b) Description.--[Director's Award] Administrator's Award 
shall be presented by the [Director] Administrator of FEMA or 
by the Attorney General to public safety officers for 
distinguished service in the field of public safety.
    (c) Award.--Each [Director's Award] Administrator's Award 
shall consist of an appropriate citation.
    (d) Regulations.--The [Director] Administrator of FEMA and 
the Attorney General are authorized and directed to issue 
jointly such regulations as may be necessary to carry out this 
section.
    (e) ``Public Safety Officer'' Defined.--As used in this 
section, the term ``public safety officer'' means a person 
serving a public agency, with or without compensation, as--
          (1) a firefighter;
          (2) a law enforcement officer, including a 
        corrections or court officer; or
          (3) a civil defense officer.

SEC. 2215. REPORTS TO CONGRESS AND PRESIDENT.

    The [Director] Administrator of FEMA shall report to the 
Congress and the President not later than ninety calendar days 
following the year ending September 30, 1980 and similarly each 
year thereafter on all activities relating to fire prevention 
and control, and all measures taken to implement and carry out 
this Act during the preceding calendar year. Such report shall 
include, but need not be limited to--
    (a) a thorough appraisal, including statistical analysis, 
estimates, and long-term projections of the human and economic 
losses due to fire;
    (b) a survey and summary, in such detail as is deemed 
advisable, of the research and technology program undertaken or 
sponsored pursuant to this Act;
    (c) a summary of the activities of the Academy for the 
preceding 12 months, including, but not limited to--
          (1) an explanation of the curriculum of study;
          (2) a description of the standards of admission and 
        performance;
          (3) the criteria for the awarding of degrees and 
        certificates; and
          (4) a statistical compilation of the number of 
        students attending the Academy and receiving degrees or 
        certificates;
    (d) a summary of the activities undertaken to assist the 
Nation's fire services;
    (e) a summary of the public education programs undertaken;
    (f) an analysis of the extent of participation in preparing 
and submitting Fire Safety Effectiveness Statements;
    (g) a summary of outstanding problems confronting the 
administration of this Act, in order of priority;
    (h) such recommendations for additional legislation as are 
deemed necessary or appropriate; and
    (i) a summary of reviews, evaluations, and suggested 
improvements in State and local fire prevention and building 
codes, fire services, and any relevant Federal or private 
codes, regulations, and fire services.

SEC. 2216. AUTHORIZATION OF APPROPRIATIONS.

    (a) * * *
    (b) * * *
    (c) * * *
    (d) * * *
    (e) * * *
    (f) * * *
    (g)(1) Except as otherwise specifically provided with 
respect to the payment of claims under section 2210 of this 
title, there are authorized to be appropriated to carry out the 
purposes of this chapter--
          (A) $63,000,000 for fiscal year 2005, of which 
        $2,266,000 shall be used to carry out section 2207 (f) 
        of this title;
          (B) $64,850,000 for fiscal year 2006, of which 
        $2,334,000 shall be used to carry out section 2207 (f) 
        of this title;
          (C) $66,796,000 for fiscal year 2007, of which 
        $2,404,000 shall be used to carry out section 2207 (f) 
        of this title;
          (D) $68,800,000 for fiscal year 2008, of which 
        $2,476,000 shall be used to carry out section 2207 (f) 
        of this title;
          (E) $70,000,000 for fiscal year 2009, of which 
        $2,520,000 shall be used to carry out section 2207 (f) 
        of this title;
          (F) $72,100,000 for fiscal year 2010, of which 
        $2,595,600 shall be used to carry out section 2207 (f) 
        of this title;
          (G) $74,263,000 for fiscal year 2011, of which 
        $2,673,468 shall be used to carry out section 2207 (f) 
        of this title; [and]
          (H) $76,490,890 for fiscal year 2012, of which 
        $2,753,672 shall be used to carry out section 2207 (f) 
        of this title[.];
          (I) $76,490,890 for fiscal year 2013;
          (J) $76,490,890 for fiscal year 2014;
          (K) $76,490,890 for fiscal year 2015;
          (L) $76,490,890 for fiscal year 2016; and
          (M) $76,490,890 for fiscal year 2017.
    (h) * * *

SEC. 2217. PUBLIC ACCESS TO INFORMATION.

    Copies of any document, report, statement, or information 
received or sent by the [Director] Administrator of FEMA or the 
Administrator shall be made available to the public pursuant to 
the provisions of section 552 of title 5, United States Code: 
Provided, That, notwithstanding the provisions of subsection 
(b) of such section and of section 1905 of title 18, United 
States Code, the Director may disclose information which 
concerns or relates to a trade secret--
          (1) upon request, to other Federal Government 
        departments and agencies for official use;
          (2) upon request, to any committee of Congress having 
        jurisdiction over the subject matter to which the 
        information relates;
          (3) in any judicial proceeding under a court order 
        formulated to preserve the confidentiality of such 
        information without impairing the proceedings; and
          (4) to the public when he determines such disclosure 
        to be necessary in order to protect health and safety 
        after notice and opportunity for comment in writing or 
        for discussion in closed session within fifteen days by 
        the party to which the information pertains (if the 
        delay resulting from such notice and opportunity for 
        comment would not be detrimental to health and safety).

SEC. 2218. ADMINISTRATIVE PROVISIONS.

    (a) * * *
    (b) * * *
    (c) Audit.--The [Director] Administrator of FEMA and the 
Comptroller General of the United States, or any of their duly 
authorized representatives, shall have access to any books, 
documents, papers, and records of the recipients of contracts, 
grants, or other forms of assistance that are pertinent to its 
activities under this Act for the purpose of audit or to 
determine if a proposed activity is in the public interest.
    (d) * * *
    (e) * * *

SEC. 2224. LISTINGS OF PLACES OF PUBLIC ACCOMMODATION.

    (a) Submissions by States.--
          (1) Not later than 2 years after enacted September 
        25, 1990, each State (acting through its Governor or 
        the Governor's designee) shall, under procedures 
        formulated by the [Director] Administrator of FEMA, 
        submit to the [Director] Administrator of FEMA a list 
        of those places of public accommodation affecting 
        commerce located in the State which meet the 
        requirements of the guidelines described in section 
        2225 of this title.
          (2) The [Director] Administrator of FEMA shall 
        formulate procedures under which each State (acting 
        through its Governor or the Governor's designee) shall 
        periodically update the list submitted pursuant to 
        paragraph (1).
    (b) Compilation and Distribution of Master List.--
          (1) Not later than 60 days after the expiration of 
        the 2-year period referred to in subsection (a), the 
        [Director] Administrator of FEMA shall compile and 
        publish in the Federal Register a national master list 
        of all of the places of public accommodation affecting 
        commerce located in each State that meet the 
        requirements of the guidelines described in section 
        2225 of this title, and shall distribute such list to 
        each agency of the Federal Government and take steps to 
        make the employees of such agencies aware of its 
        existence and contents.
          (2) The [Director] Administrator of FEMA shall 
        periodically update the national master list compiled 
        pursuant to paragraph (1) to reflect changes in the 
        State lists submitted to the [Director] Administrator 
        of FEMA pursuant to subsection (a), and shall 
        periodically redistribute the updated master list to 
        each agency of the Federal Government.
          (3) For purposes of this subsection, the term 
        ``agency'' has the meaning given to it under section 
        5701(1) of title 5, United States Code.

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SEC. 2226. DISSEMINATION OF FIRE PREVENTION AND CONTROL INFORMATION.

    The [Director] Administrator of FEMA, acting through the 
Administrator, is authorized to take steps to encourage the 
States to promote the use of automatic sprinkler systems and 
automatic smoke detection systems, and to disseminate to the 
maximum extent possible information on the life safety value 
and use of such systems. Such steps may include, but need not 
be limited to, providing copies of the guidelines described in 
section 2225 of this title and of the master list compiled 
under section 2224(b) of this title to Federal agencies, State 
and local governments, and fire services throughout the United 
States, and making copies of the master list compiled under 
section 2224(b) of this title available upon request to 
interested private organizations and individuals.

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SEC. 2229. FIREFIGHTER ASSISTANCE.

    (a) Definition of Firefighting Personnel.--In this section, 
the term firefighting personnel means individuals, including 
volunteers, who are firefighters, officers of fire departments, 
or emergency medical service personnel of fire departments.
    (b) Assistance program.--
          (1) Authority.--In accordance with this section, the 
        [Director] Administrator of FEMA may--
                  (A) make grants on a competitive basis 
                directly to fire departments of a State, in 
                consultation with the chief executive of the 
                State, for the purpose of protecting the health 
                and safety of the public and firefighting 
                personnel throughout the Nation against fire 
                and fire-related hazards;
                  (B) provide assistance for fire prevention 
                and firefighter safety research and development 
                programs in accordance with paragraph (4); and
                  (C) provide assistance for nonaffiliated EMS 
                organizations for the purpose of paragraph 
                (3)(F).
          (2) Administrative assistance.--The [Director] 
        Administrator of FEMA shall establish specific criteria 
        for the selection of recipients of assistance under 
        this section and shall provide grant-writing assistance 
        to applicants.
          (3) Use of fire department grant funds.--The 
        [Director] Administrator of FEMA may make a grant under 
        paragraph (1)(A) only if the applicant for the grant 
        agrees to use the grant funds for one or more of the 
        following purposes:
                  (A) To hire additional firefighting 
                personnel.
                  (B) To train firefighting personnel in 
                firefighting, emergency response (including 
                response to a terrorism incident or use of a 
                weapon of mass destruction), arson prevention 
                and detection, maritime firefighting, or the 
                handling of hazardous materials, or to train 
                firefighting personnel to provide any of the 
                training described in this subparagraph.
                  (C) To fund the creation of rapid 
                intervention teams to protect firefighting 
                personnel at the scenes of fires and other 
                emergencies.
                  (D) To certify fire inspectors.
                  (E) To establish wellness and fitness 
                programs for firefighting personnel to ensure 
                that the firefighting personnel can carry out 
                their duties.
                  (F) To fund emergency medical services 
                provided by fire departments and nonaffiliated 
                EMS organizations.
                  (G) To acquire additional firefighting 
                vehicles, including fire trucks.
                  (H) To acquire additional firefighting 
                equipment, including equipment for fighting 
                fires with foam in remote areas without access 
                to water, and equipment for communications, 
                monitoring, and response to a terrorism 
                incident or use of a weapon of mass 
                destruction.
                  (I) To acquire personal protective equipment 
                required for firefighting personnel by the 
                Occupational Safety and Health Administration, 
                and other personal protective equipment for 
                firefighting personnel, including protective 
                equipment to respond to a terrorism incident or 
                the use of a weapon of mass destruction.
                  (J) To modify fire stations, fire training 
                facilities, and other facilities to protect the 
                health and safety of firefighting personnel.
                  (K) To enforce fire codes.
                  (L) To fund fire prevention programs.
                  (M) To educate the public about arson 
                prevention and detection.
                  (N) To provide incentives for the recruitment 
                and retention of volunteer firefighting 
                personnel for volunteer firefighting 
                departments and other firefighting departments 
                that utilize volunteers.
          (4) Fire prevention and firefighter safety research 
        and development programs.
                  (A) In general.--For each fiscal year, the 
                [Director] Administrator of FEMA shall use not 
                less than 5 percent of the funds made available 
                under subsection (e)--
                          (i) to make grants to fire 
                        departments for the purpose described 
                        in paragraph (3)(L); and
                          (ii) to make grants to, or enter into 
                        contracts or cooperative agreements 
                        with, national, State, local, or 
                        community organizations that are not 
                        fire departments and that are 
                        recognized for their experience and 
                        expertise with respect to fire 
                        prevention or fire safety programs and 
                        activities and firefighter research and 
                        development programs, for the purpose 
                        of carrying out fire prevention 
                        programs and research to improve 
                        firefighter health and life safety.
                  (B) Priority.--In selecting organizations 
                described in subparagraph (A)(ii) to receive 
                assistance under this paragraph, the [Director] 
                Administrator of FEMA shall give priority to 
                organizations that focus on prevention of 
                injuries to high risk groups from fire, as well 
                as research programs that demonstrate the 
                potential to improve firefighter safety.
                  (C) Grant limitation.--A grant under this 
                paragraph shall not be greater than $1,000,000 
                for a fiscal year.
          (5) Application.--The [Director] Administrator of 
        FEMA may provide assistance to a fire department or 
        organization under this subsection only if the fire 
        department or organization seeking the assistance 
        submits to the [Director] Administrator of FEMA an 
        application that meets the following requirements:
                  (A) Form.--The application shall be in such 
                form as the [Director] Administrator of FEMA 
                may require.
                  (B) Information. The application shall 
                include the following information:
                          (i) Financial need.--Information that 
                        demonstrates the financial need of the 
                        applicant for the assistance for which 
                        applied.
                          (ii) Cost-benefit analysis.--An 
                        analysis of the costs and benefits, 
                        with respect to public safety, of the 
                        use of the assistance.
                          (iii) Reporting systems data.--An 
                        agreement to provide information to the 
                        national fire incident reporting system 
                        for the period covered by the 
                        assistance.
                          (iv) Other Federal support.--A list 
                        of other sources of Federal funding 
                        received by the applicant. The 
                        [Director] Administrator of FEMA, in 
                        coordination with the Secretary of 
                        Homeland Security, shall use such list 
                        to prevent unnecessary duplication of 
                        grant funds.
                          (v) Other information.--Any other 
                        information that the [Director] 
                        Administrator of FEMA may require.
          (6) Matching requirement.
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), the [Director] Administrator of FEMA 
                may provide assistance under this subsection 
                only if the applicant for such assistance 
                agrees to match 20 percent of such assistance 
                for any fiscal year with an equal amount of 
                non-Federal funds.
                  (B) Requirement for small community 
                organizations.--In the case of an applicant 
                whose personnel--
                          (i) serve jurisdictions of 50,000 or 
                        fewer residents, the percent applied 
                        under the matching requirement of 
                        subparagraph (A) shall be 10 percent; 
                        and
                          (ii) serve jurisdictions of 20,000 or 
                        fewer residents, the percent applied 
                        under the matching requirement of 
                        subparagraph (A) shall be 5 percent.
                  (C) Fire prevention and firefighter safety 
                grants.--There shall be no matching requirement 
                for a grant described in paragraph (4)(A)(ii).
          (7) Maintenance of expenditures.--The [Director] 
        Administrator of FEMA may provide assistance under this 
        subsection only if the applicant for the assistance 
        agrees to maintain in the fiscal year for which the 
        assistance will be received the applicant's aggregate 
        expenditures for the uses described in paragraph (3) or 
        (4) at or above the average level of such expenditures 
        in the two fiscal years preceding the fiscal year for 
        which the assistance will be received.
          (8) Report to the [director] administrator of FEMA. 
        The [Director] Administrator of FEMA may provide 
        assistance under this subsection only if the applicant 
        for the assistance agrees to submit to the [Director] 
        Administrator of FEMA a report, including a description 
        of how the assistance was used, with respect to each 
        fiscal year for which the assistance was received.
          (9) Variety of fire department grant recipients.--The 
        [Director] Administrator of FEMA shall ensure that 
        grants under paragraph (1)(A) for a fiscal year are 
        made to a variety of fire departments, including, to 
        the extent that there are eligible applicants--
                  (A) paid, volunteer, and combination fire 
                departments;
                  (B) fire departments located in communities 
                of varying sizes; and
                  (C) fire departments located in urban, 
                suburban, and rural communities.
          (10) Grant limitations.
                  (A) Recipient limitations.--A grant recipient 
                under subsection (b)(1)(A)--
                          (i) that serves a jurisdiction with 
                        500,000 people or less may not receive 
                        grants in excess of $1,000,000 for any 
                        fiscal year;
                          (ii) that serves a jurisdiction with 
                        more than 500,000 but not more than 
                        1,000,000 people may not receive grants 
                        in excess of $1,750,000 for any fiscal 
                        year; and
                          (iii) that serves a jurisdiction with 
                        more than 1,000,000 people may not 
                        receive grants in excess of $2,750,000 
                        for any fiscal year. The [Director] 
                        Administrator of FEMA may award grants 
                        in excess of the limitations provided 
                        in clause (i) and (ii) if the 
                        [Director] Administrator of FEMA 
                        determines that extraordinary need for 
                        assistance by a jurisdiction warrants a 
                        waiver.
                  (B) Distribution.--Notwithstanding 
                subparagraph (A), no single recipient may 
                receive more than the lesser of $2,750,000 or 
                one half of one percent of the funds 
                appropriated under this section for a single 
                fiscal year.
                  (C) Limitation on expenditures for 
                firefighting vehicles.--Not more than 25 
                percent of the funds appropriated to provide 
                grants under this section for a fiscal year may 
                be used to assist grant recipients to purchase 
                vehicles, as authorized by paragraph (3)(G).
                  (D) Requirements for grants for emergency 
                medical services.--Subject to the restrictions 
                in subparagraph (E), not less than 3.5 percent 
                of the funds appropriated under this section 
                for a fiscal year shall be awarded for purposes 
                described in paragraph (3)(F).
                  (E) Nonaffiliated EMS limitation.--Not more 
                than 2 percent of the funds appropriated to 
                provide grants under this section for a fiscal 
                year shall be awarded to nonaffiliated EMS 
                organizations.
                  (F) Application of selection criteria to 
                grant applications from nonaffiliated EMS 
                organizations.--In reviewing applications 
                submitted by nonaffiliated EMS organizations, 
                the [Director] Administrator of FEMA shall 
                consider the extent to which other sources of 
                Federal funding are available to provide 
                assistance requested in such grant 
                applications.
          (11) Reservation of grant funds for volunteer 
        departments.--In making grants to firefighting 
        departments, the [Director] Administrator of FEMA shall 
        ensure that those firefighting departments that have 
        either all-volunteer forces of firefighting personnel 
        or combined forces of volunteer and professional 
        firefighting personnel receive a proportion of the 
        total grant funding that is not less than the 
        proportion of the United states population that those 
        firefighting departments protect.
          (12) Eligible grantee on behalf of Alaska Native 
        villages.--The Alaska Village Initiatives, a non-profit 
        organization incorporated in the State of Alaska, shall 
        be considered an eligible grantee for purposes of 
        receiving assistance under this section on behalf of 
        Alaska Native villages.
          (13) Annual meeting.--The [Director] Administrator of 
        FEMA shall convene an annual meeting of individuals who 
        are members of national fire service organizations and 
        are recognized for expertise in firefighting or 
        emergency medical services provided by fire services, 
        and who are not employees of the Federal Government, 
        for the purpose of recommending criteria for awarding 
        grants under this section for the next fiscal year and 
        recommending any necessary administrative changes to 
        the grant program.
          (14) Guidelines.--
                  (A) Each year, prior to making any grants 
                under this section, the [Director] 
                Administrator of FEMA shall publish in the 
                Federal Register--
                          (i) guidelines that describe the 
                        process for applying for grants and the 
                        criteria for awarding grants; and
                          (ii) an explanation of any 
                        differences between the guidelines and 
                        the recommendations made pursuant to 
                        paragraph (13).
                  (B) The criteria for awarding grants under 
                subsection (b)(1)(A) shall include the extent 
                to which the grant would enhance the daily 
                operations of the applicant and the impact of 
                such a grant on the protection of lives and 
                property.
          (15) Peer review.--The [Director] Administrator of 
        FEMA shall, after consultation with national fire 
        service organizations, appoint fire service personnel 
        to conduct peer review of applications received under 
        paragraph (5). In making grants under this section, the 
        [Director] Administrator of FEMA shall consider the 
        results of such peer review evaluations.
          (16) Applicability of Federal Advisory Committee 
        Act.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to activities under paragraphs 
        (13) and (15).
          (17) Accounting determination.--Notwithstanding any 
        other provision of law, rule, regulation, or guidance, 
        for purposes of receiving assistance under this 
        section, equipment costs shall include, but not be 
        limited to, all costs attributable to any design, 
        purchase of components, assembly, manufacture, and 
        transportation of equipment not otherwise commercially 
        available.
    (c) Audits.--A recipient of a grant under this section 
shall be subject to audits to ensure that the grant proceeds 
are expended for the intended purposes and that the grant 
recipient complies with the requirements of paragraphs (6) and 
(7) of subsection (b).
    (d) Definitions.--In this section--
          (1) the term [Director] Administrator of FEMA means 
        the [Director] Administrator of FEMA, acting through 
        the Administrator;
          (2) the term nonaffiliated EMS organization means a 
        public or private nonprofit emergency medical services 
        organization that is not affiliated with a hospital and 
        does not serve a geographic area in which the 
        [Director] Administrator of FEMA finds that emergency 
        medical services are adequately provided by a fire 
        department; and (3) the term State includes the 
        District of Columbia and the Commonwealth of Puerto 
        Rico.
    (e) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated for the purposes of this section 
        $900,000,000 for fiscal year 2005, $950,000,000 for 
        fiscal year 2006, and $1,000,000,000 for each of the 
        fiscal years 2007 through 2009. Of the amounts 
        authorized in this paragraph, $3,000,000 shall be made 
        available each year through fiscal year 2008 for foam 
        firefighting equipment.
          (2) Administrative expenses.--Of the funds 
        appropriated pursuant to paragraph (1) for a fiscal 
        year, the [Director] Administrator of FEMA may use not 
        more than three percent of the funds to cover salaries 
        and expenses and other administrative costs incurred by 
        the [Director] Administrator of FEMA to make grants and 
        provide assistance under this section.

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