Collapse to view only § 2227. Fire safety systems in federally assisted buildings
- § 2201. Congressional findings
- § 2202. Declaration of purpose
- § 2203. Definitions
- § 2204. United States Fire Administration
- § 2205. Public education
- § 2206. National Academy for Fire Prevention and Control
- § 2207. Fire technology
- § 2208. National Fire Data Center
- § 2209. Master plans
- § 2210. Reimbursement for costs of firefighting on Federal property
- § 2211. Review of fire prevention codes
- § 2212. Fire safety effectiveness statements
- § 2213. Annual conference
- § 2214. Public safety awards
- § 2215. Reports to Congress and President
- § 2216. Authorization of appropriations
- § 2217. Public access to information
- § 2218. Administrative provisions
- § 2219. Assistance to Consumer Product Safety Commission
- § 2220. Arson prevention, detection, and control
- § 2221. Arson prevention grants
- §§ 2222, 2223. Repealed.
- § 2223a. Review
- § 2223b. Working group
- § 2223c. Report and recommendations
- § 2223d. Annual revision of recommendations
- § 2223e. “Emergency response personnel” defined
- § 2224. Listings of places of public accommodation
- § 2225. Fire prevention and control guidelines for places of public accommodation
- § 2225a. Prohibiting Federal funding of conferences held at non-certified places of public accommodation
- § 2226. Dissemination of fire prevention and control information
- § 2227. Fire safety systems in federally assisted buildings
- § 2228. CPR training
- § 2229. Firefighter assistance
- § 2229a. Staffing for adequate fire and emergency response
- § 2230. Surplus and excess Federal equipment
- § 2231. Cooperative agreements with Federal facilities
- § 2232. Burn research
- § 2233. Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies
- § 2234. Encouraging adoption of standards for firefighter health and safety
- § 2235. Investigation authorities
§ 2201. Congressional findings
The Congress finds that—
(1) The National Commission on Fire Prevention and Control, established pursuant to Public Law 90–259, has made an exhaustive and comprehensive examination of the Nation’s fire problem, has made detailed findings as to the extent of this problem in terms of human suffering and loss of life and property, and has made ninety thoughtful recommendations.
(2) The United States today has the highest per capita rate of death and property loss from fire of all the major industrialized nations in the world.
(3) Fire is an undue burden affecting all Americans, and fire also constitutes a public health and safety problem of great dimensions. Fire kills 12,000 and scars and injures 300,000 Americans each year, including 50,000 individuals who require extended hospitalization. Almost $3 billion worth of property is destroyed annually by fire, and the total economic cost of destructive fire in the United States is estimated conservatively to be $11,000,000,000 per year. Firefighting is the Nation’s most hazardous profession.
(4) Such losses of life and property from fire are unacceptable to the Congress.
(5) While fire prevention and control is and should remain a State and local responsibility, the Federal Government must help if a significant reduction in fire losses is to be achieved.
(6) The fire service and the civil defense program in each locality would both benefit from closer cooperation.
(7) The Nation’s fire problem is exacerbated by (A) the indifference with which some Americans confront the subject; (B) the Nation’s failure to undertake enough research and development into fire and fire-related problems; (C) the scarcity of reliable data and information; (D) the fact that designers and purchasers of buildings and products generally give insufficient attention to fire safety; (E) the fact that many communities lack adequate building and fire prevention codes; and (F) the fact that local fire departments spend about 95 cents of every dollar appropriated to the fire services on efforts to extinguish fires and only about 5 cents on fire prevention.
(8) There is a need for improved professional training and education oriented toward improving the effectiveness of the fire services, including an increased emphasis on preventing fires and on reducing injuries to firefighters.
(9) A national system for the collection, analysis, and dissemination of fire data is needed to help local fire services establish research and action priorities.
(10) The number of specialized medical centers which are properly equipped and staffed for the treatment of burns and the rehabilitation of victims of fires is inadequate.
(11) The unacceptably high rates of death, injury, and property loss from fire can be reduced if the Federal Government establishes a coordinated program to support and reinforce the fire prevention and control activities of State and local governments.
(Pub. L. 93–498, § 2, Oct. 29, 1974, 88 Stat. 1535.)
§ 2202. Declaration of purpose
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; 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.
(Pub. L. 93–498, § 3, Oct. 29, 1974, 88 Stat. 1536; Pub. L. 95–422, § 2(a)(1), Oct. 5, 1978, 92 Stat. 932.)
§ 2203. Definitions
As used in this chapter, 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) “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 firefighting 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, Indian tribe, fire district, fire protection district, rural fire district, or other special district. The terms “fire prevention”, “firefighting”, and “fire control” relate to activities conducted by a fire service;
(6) “Indian tribe” has the meaning given that term in section 5304 of title 25 and “tribal” means of or pertaining to an Indian tribe;
(7) “local” means of or pertaining to any city, town, county, special purpose district, unincorporated territory, or other political subdivision of a State;
(8) “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;
(9) “Secretary” means, except as otherwise provided, the Secretary of Homeland Security;
(10) “State” has the meaning given the term in section 101 of title 6.1
1 So in original. The period probably should be “; and”.
(11) “wildland-urban interface” has the meaning given such term in section 6511 of title 16.
(Pub. L. 93–498, § 4, Oct. 29, 1974, 88 Stat. 1536; Pub. L. 95–422, § 2(a)(1), Oct. 5, 1978, 92 Stat. 932; Pub. L. 101–391, § 3(b), Sept. 25, 1990, 104 Stat. 749; Pub. L. 106–503, title I, § 110(a)(2)(A), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 110–376, § 10, Oct. 8, 2008, 122 Stat. 4061; Pub. L. 112–239, div. A, title XVIII, § 1802(a), Jan. 2, 2013, 126 Stat. 2099.)
§ 2204. United States Fire Administration
(a) Establishment
(b) 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.
(Pub. L. 93–498, § 5, Oct. 29, 1974, 88 Stat. 1536; Pub. L. 95–422, § 2(a)(1), Oct. 5, 1978, 92 Stat. 932; Pub. L. 106–503, title I, § 110(a)(2)(B)(i), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 112–166, § 2(f)(2), Aug. 10, 2012, 126 Stat. 1284; Pub. L. 112–239, div. A, title XVIII, §§ 1802(b)(1), 1812, Jan. 2, 2013, 126 Stat. 2100, 2117.)
§ 2205. Public education
The Administrator is authorized 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.
(Pub. L. 93–498, § 6, Oct. 29, 1974, 88 Stat. 1537; Pub. L. 112–239, div. A, title XVIII, § 1813, Jan. 2, 2013, 126 Stat. 2117.)
§ 2206. National Academy for Fire Prevention and Control
(a) Establishment
(b) Superintendent
(c) Powers of SuperintendentThe Superintendent is authorized to—
(1) develop and revise curricula, standards for admission and performance, and criteria for the awarding of degrees and certifications;
(2) appoint such teaching staff and other personnel as he determines to be necessary or appropriate;
(3) conduct courses and programs of training and education, as defined in subsection (d) of this section;
(4) appoint faculty members and consultants without regard to the provisions of title 5, governing appointments in the competitive service, and, with respect to temporary and intermittent services, to make appointments to the same extent as is authorized by section 3109 of title 5;
(5) establish fees and other charges for attendance at, and subscription to, courses and programs offered by the Academy. Such fees may be modified or waived as determined by the Superintendent;
(6) conduct short courses, seminars, workshops, conferences, and similar education and training activities in all parts and localities of the United States, including on-site training;
(7) enter into such contracts and take such other actions as may be necessary in carrying out the purposes of the Academy; and
(8) consult with officials of the fire services and other interested persons in the exercise of the foregoing powers.
(d) Program of the AcademyThe Superintendent is authorized to—
(1) train fire service personnel in such skills and knowledge as may be useful to advance their ability to prevent and control fires, including, but not limited to—
(A) techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation;
(B) tactics and command of firefighting for present and future fire chiefs and commanders;
(C) administration and management of fire services;
(D) tactical training in the specialized field of aircraft fire control and crash rescue;
(E) tactical training in the specialized field of fire control and rescue aboard waterborne vessels;
(F) strategies for building collapse rescue;
(G) the use of technology in response to fires, including terrorist incidents and other national emergencies;
(H) tactics and strategies for dealing with natural disasters, acts of terrorism, and other man-made disasters;
(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;
(M) use of and familiarity with the Federal Response Plan;
(N) leadership and strategic skills, including integrated management systems operations and integrated response;
(O) applying new technology and developing strategies and tactics for fighting wildland fires;
(P) integrating the activities of terrorism response agencies into national terrorism incident response systems;
(Q) tactics and strategies for fighting fires at United States ports, including fires on the water and aboard vessels; and
(R) the training of present and future instructors in the aforementioned subjects;
(2) develop model curricula, training programs and other educational materials suitable for use at other educational institutions, and to make such materials available without charge;
(3) develop and administer a program of correspondence courses to advance the knowledge and skills of fire service personnel;
(4) develop and distribute to appropriate officials model questions suitable for use in conducting entrance and promotional examinations for fire service personnel; and
(5) encourage the inclusion of fire prevention and detection technology and practices in the education and professional practice of architects, builders, city planners, and others engaged in design and planning affected by fire safety problems.
(e) Technical assistanceThe Administrator is authorized, to the extent that he determines it necessary to meet the needs of the Nation, to encourage new programs and to strengthen existing programs of education and training by local fire services, units, and departments, State and local governments, and private institutions, by providing technical assistance and advice to—
(1) vocational training programs in techniques of fire prevention, fire inspection, firefighting, and fire and arson investigation;
(2) fire training courses and programs at junior colleges; and
(3) four-year degree programs in fire engineering at colleges and universities.
(f) Assistance to State and local fire service training programs
(g) Site selectionThe Academy shall be located on such site as the Administrator of FEMA selects, subject to the following provisions:
(1) The 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 Administrator of FEMA.
(2) The Site Selection Board in making its recommendations and the Administrator of FEMA in making his final selection, shall give consideration to the training and facility needs of the Academy, environmental effects, the possibility of using a surplus Government facility, and such other factors as are deemed important and relevant. The Administrator of FEMA shall make a final site selection not later than 2 years after October 29, 1974.
(h) Construction costs
(i) Educational and professional assistanceThe Administrator is authorized to—
(1) provide stipends to students attending Academy courses and programs, in amounts up to 75 per centum of the expense of attendance, as established by the Superintendent;
(2) provide stipends to students attending courses and nondegree training programs approved by the Superintendent at universities, colleges, and junior colleges, in amounts up to 50 per centum of the cost of tuition;
(3) make or enter into contracts to make payments to institutions of higher education for loans, not to exceed $2,500 per academic year for any individual who is enrolled on a full-time basis in an undergraduate or graduate program of fire research or engineering which is certified by the Superintendent. Loans under this paragraph shall be made on such terms and subject to such conditions as the Superintendent and each institution involved may jointly determine; and
(4) establish and maintain a placement and promotion opportunities center in cooperation with the fire services, for firefighters who wish to learn and take advantage of different or better career opportunities. Such center shall not limit such assistance to students and graduates of the Academy, but shall undertake to assist all fire service personnel.
(j) Board of Visitors
(k) Accreditation
(l) Admission
(m) On-site training
(1) In general
(2) Limitation
(A) In generalThe 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
(3) Restriction on use of funds
(n) Triennial reportIn the first annual report filed pursuant to section 2215 of this title for which the deadline for filing is after the expiration of the 18-month period that begins on October 8, 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.
(Pub. L. 93–498, § 7, Oct. 29, 1974, 88 Stat. 1537; Pub. L. 106–503, title I, § 110(a)(2)(B)(ii), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 108–169, title II, § 204(a), (d), Dec. 6, 2003, 117 Stat. 2039; Pub. L. 110–376, § 4(a)–(c), Oct. 8, 2008, 122 Stat. 4057, 4058; Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
§ 2207. Fire technology
(a) DevelopmentThe Administrator shall conduct a continuing program of development, testing, and evaluation of equipment for use by the Nation’s fire, rescue, and civil defense services, with the aim of making available improved suppression, protective, auxiliary, and warning devices incorporating the latest technology. Attention shall be given to the standardization, compatibility, and interchangeability of such equipment. Such development, testing, and evaluation activities shall include, but need not be limited to—
(1) safer, less cumbersome articles of protective clothing, including helmets, boots, and coats;
(2) breathing apparatus with the necessary duration of service, reliability, low weight, and ease of operation for practical use;
(3) safe and reliable auxiliary equipment for use in fire prevention, detection, and control, such as fire location detectors, visual and audio communications equipment, and mobile equipment;
(4) special clothing and equipment needed for forest fires, brush fires, oil and gasoline fires, aircraft fires and crash rescue, fires occurring aboard waterborne vessels, and in other special firefighting situations;
(5) fire detectors and related equipment for residential use with high sensitivity and reliability, and which are sufficiently inexpensive to purchase, install, and maintain to insure wide acceptance and use;
(6) in-place fire prevention systems of low cost and of increased reliability and effectiveness;
(7) methods of testing fire alarms and fire protection devices and systems on a non-interference basis;
(8) the development of purchase specifications, standards, and acceptance and validation test procedures for all such equipment and devices; and
(9) operation tests, demonstration projects, and fire investigations in support of the activities set forth in this section.
(b) Limitation on manufacture and sale of equipment
(c) Management studies
(1) The Administrator is authorized to conduct, directly or through contracts or grants, studies of the operations and management aspects of fire services, utilizing quantitative techniques, such as operations research, management economics, cost effectiveness studies, and such other techniques and methods as may be applicable and useful. Such studies shall include, but need not be limited to, the allocation of resources, the optimum location of fire stations, the optimum geographical area for an integrated fire service, the manner of responding to alarms, the operation of citywide and regional fire dispatch centers, firefighting under conditions of civil disturbance, and the effectiveness, frequency, and methods of building inspections.
(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.
(3) The Administrator is authorized to conduct, directly or through contracts or grants, research concerning the productivity and efficiency of fire service personnel, the job categories and skills required by fire services under varying conditions, the reduction of injuries to fire service personnel, the most effective fire prevention programs and activities, and techniques for accurately measuring and analyzing the foregoing.
(4) The Administrator is authorized to conduct, directly or through contracts, grants, or other forms of assistance, development, testing and demonstration projects to the extent deemed necessary to introduce and to encourage the acceptance of new technology, standards, operating methods, command techniques, and management systems for utilization by the fire services.
(5) The Administrator is authorized to assist the Nation’s fire services, directly or through contracts, grants, or other forms of assistance, to measure and evaluate, on a cost-benefit basis, the effectiveness of the programs and activities of each fire service and the predictable consequences on the applicable local fire services of coordination or combination, in whole or in part, in a regional, metropolitan, or statewide fire service.
(d) Rural and wildland-urban interface assistanceThe 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.
(e) Assistance to other Federal agencies
(f) Technology evaluation and standards development
(1) In generalIn addition to, or as part of, the program conducted under subsection (a), the Administrator, in consultation with the National Institute of Standards and Technology, the Inter-Agency Board for Equipment Standardization and Inter-Operability, the National Institute for Occupational Safety and Health, the Directorate of Science and Technology of the Department of Homeland Security, national voluntary consensus standards development organizations, interested Federal, State, and local agencies, and other interested parties, shall—
(A) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating new firefighting technologies, including—
(i) personal protection equipment;
(ii) devices for advance warning of extreme hazard;
(iii) equipment for enhanced vision;
(iv) devices to locate victims, firefighters, and other rescue personnel in above-ground and below-ground structures;
(v) equipment and methods to provide information for incident command, including the monitoring and reporting of individual personnel welfare;
(vi) equipment and methods for training, especially for virtual reality training; and
(vii) robotics and other remote-controlled devices;
(B) evaluate the compatibility of new equipment and technology with existing firefighting technology; and
(C) support the development of new voluntary consensus standards through national voluntary consensus standards organizations for new firefighting technologies based on techniques and methodologies described in subparagraph (A).
(2) Standards for new equipment
(A) The Administrator shall, by regulation, require that new equipment or systems purchased through the assistance program established by section 2229 of this title 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.
(B) If an applicant for a grant under section 2229 of this title proposes to purchase, with assistance provided under the grant, new equipment or systems that do not meet or exceed applicable voluntary consensus standards, the applicant shall include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that do meet or exceed such standards.
(C) In making a determination whether or not to waive the requirement under subparagraph (A) with respect to a specific standard, the Administrator shall, to the greatest extent practicable—
(i) consult with grant applicants and other members of the fire services regarding the impact on fire departments of the requirement to meet or exceed the specific standard;
(ii) take into consideration the explanation provided by the applicant under subparagraph (B); and
(iii) seek to minimize the impact of the requirement to meet or exceed the specific standard on the applicant, particularly if meeting the standard would impose additional costs.
(D) Applicants that apply for a grant under the terms of subparagraph (B) may include a second grant request in the application to be considered by the Administrator in the event that the Administrator does not approve the primary grant request on the grounds of the equipment not meeting applicable voluntary consensus standards.
(g) Coordination
(h) Publication of research results
(1) In generalFor 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.
(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 generalExcept 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
(Pub. L. 93–498, § 8, Oct. 29, 1974, 88 Stat. 1540; Pub. L. 108–169, title II, § 202, Dec. 6, 2003, 117 Stat. 2037; Pub. L. 110–376, §§ 6, 9(b), Oct. 8, 2008, 122 Stat. 4059, 4061.)
§ 2208. National Fire Data Center
(a) FunctionsThe Administrator shall operate, directly or through contracts or grants, an integrated, comprehensive National Fire Data Center for the selection, analysis, publication, and dissemination of information related to the prevention, occurrence, control, and results of fires of all types. The program of such Data Center shall be designed to (1) provide an accurate nationwide analysis of the fire problem, (2) identify major problem areas, (3) assist in setting priorities, (4) determine possible solutions to problems, and (5) monitor the progress of programs to reduce fire losses. To carry out these functions, the Data Center shall gather and analyze—
(1) information on the frequency, causes, spread, and extinguishment of fires;
(2) information on the number of injuries and deaths resulting from fires, including the maximum available information on the specific causes and nature of such injuries and deaths, categorized by the type of fire, and information on property losses;
(3) information on the occupational hazards faced by firefighters, including the causes of deaths and injuries arising, directly and indirectly, from firefighting activities, including—
(A) all injuries sustained by a firefighter and treated by a doctor, categorized by the type of firefighter;
(B) all deaths sustained while undergoing a pack test or preparing for a work capacity;
(C) all injuries or deaths resulting from vehicle accidents; and
(D) all injuries or deaths resulting from aircraft crashes;
(4) information on all types of firefighting activities, including inspection practices;
(5) technical information related to building construction, fire properties of materials, and similar information;
(6) information on fire prevention and control laws, systems, methods, techniques, and administrative structures used in foreign nations;
(7) information on the causes, behavior, and best method of control of other types of fire, including, but not limited to, forest fires, brush fires, fire underground, oil blow-out fires, and water-borne fires; and
(8) such other information and data as is deemed useful and applicable.
(b) MethodsIn carrying out the program of the Data Center, the Administrator is authorized to—
(1) develop standardized data reporting methods;
(2) encourage and assist Federal, State, local, and other agencies, public and private, in developing and reporting information; and
(3) make full use of existing data gathering and analysis organizations, both public and private, including the Center for Firefighter Injury Research and Safety Trends.
(c) Dissemination of fire data
(d) National Fire Incident Reporting System update
(e) Medical privacy of firefightersThe collection, storage, and transfer of any medical data collected under this section shall be conducted in accordance with—
(1) the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note; Public Law 104–191); and
(2) other applicable regulations, including parts 160, 162, and 164 of title 45, Code of Federal Regulations (as in effect on March 12, 2019).
(Pub. L. 93–498, § 9, Oct. 29, 1974, 88 Stat. 1541; Pub. L. 110–376, § 5, Oct. 8, 2008, 122 Stat. 4059; Pub. L. 112–239, div. A, title XVIII, § 1815, Jan. 2, 2013, 126 Stat. 2118; Pub. L. 116–9, title I, § 1114(g), Mar. 12, 2019, 133 Stat. 617.)
§ 2209. Master plans
(a) Encouragement by Administrator
(b) Mutual aid systems
(1) In general
The Administrator shall provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies that—
(A) include threat assessment and equipment deployment strategies;
(B) include means of collecting asset and resource information to provide accurate and timely data for regional deployment; and
(C) are consistent with the Federal Response Plan.
(2) Model mutual aid plans
(c) “Master plan” defined
(Pub. L. 93–498, § 10, Oct. 29, 1974, 88 Stat. 1542; Pub. L. 106–503, title I, § 110(a)(1)(A), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 108–169, title II, § 203(a), Dec. 6, 2003, 117 Stat. 2038.)
§ 2210. Reimbursement for costs of firefighting on Federal property
(a) Filing of claims
(b) Determination
Upon receipt of a claim filed under subsection (a) of this section, the Administrator shall determine—
(1) what payments, if any, to the fire service or its parent jurisdiction, including taxes or payments in lieu of taxes, the United States has made for the support of fire services on the property in question;
(2) the extent to which the fire service incurred additional firefighting costs, over and above its normal operating costs, in connection with the fire which is the subject of the claim; and
(3) the amount, if any, of the additional costs referred to in paragraph (2) of this subsection which were not adequately covered by the payments referred to in paragraph (1) of this subsection.
(c) Payment
(d) Adjudication
(Pub. L. 93–498, § 11, Oct. 29, 1974, 88 Stat. 1543; Pub. L. 97–164, title I, § 146, Apr. 2, 1982, 96 Stat. 45; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106–503, title I, § 110(a)(2)(B)(iii), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
§ 2211. Review of fire prevention codes
The Administrator is authorized to review, evaluate, and suggest improvements in State and local fire prevention codes, building codes, and any relevant Federal or private codes and regulations. In evaluating any such code or codes, the Administrator shall consider the human impact of all code requirements, standards, or provisions in terms of comfort and habitability for residents or employees, as well as the fire prevention and control value or potential of each such requirement, standard, or provision.
(Pub. L. 93–498, § 12, Oct. 29, 1974, 88 Stat. 1543.)
§ 2212. Fire safety effectiveness statements
The Administrator is authorized to encourage owners and managers of residential multiple-unit, commercial, industrial, and transportation structures to prepare Fire Safety Effectiveness Statements, pursuant to standards, forms, rules, and regulations to be developed and issued by the Administrator.
(Pub. L. 93–498, § 13, Oct. 29, 1974, 88 Stat. 1544.)
§ 2213. Annual conference
The Administrator is authorized to organize, or to participate in organizing, an annual conference on fire prevention and control. He may pay, in whole or in part, the cost of such conference and the expenses of some or all of the participants. All of the Nation’s fire services shall be eligible to send representatives to each such conference to discuss, exchange ideas on, and participate in educational programs on new techniques in fire prevention and control. Such conferences shall be open to the public.
(Pub. L. 93–498, § 14, Oct. 29, 1974, 88 Stat. 1544.)
§ 2214. Public safety awards
(a) Establishment
(b) Description
(c) Award
(d) Regulations
(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.
(Pub. L. 93–498, § 15, Oct. 29, 1974, 88 Stat. 1544; Pub. L. 98–241, title II, § 202, Mar. 22, 1984, 98 Stat. 96; Pub. L. 106–503, title I, § 110(a)(2)(B)(iv), (v), (C), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 107–12, § 8, May 30, 2001, 115 Stat. 22; Pub. L. 112–239, div. A, title XVIII, § 1802(b), Jan. 2, 2013, 126 Stat. 2100.)
§ 2215. Reports to Congress and PresidentThe 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 chapter 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 chapter;
(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 chapter, 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.
(Pub. L. 93–498, § 16, Oct. 29, 1974, 88 Stat. 1545; Pub. L. 96–472, title II, § 202, Oct. 19, 1980, 94 Stat. 2260; Pub. L. 106–503, title I, § 110(a)(2)(B)(vi), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
§ 2216. Authorization of appropriations
(a) There are authorized to be appropriated to carry out the foregoing provisions of this chapter, except as otherwise specifically provided, with respect to the payment of claims, under section 2210 of this title, an amount not to exceed $25,210,000 for the fiscal year ending September 30, 1980, which amount includes—
(1) $4,781,000 for programs which are recommended in the report submitted to the Congress by the Administrator pursuant to section 2220(b)(1) 1
1 See References in Text note below.
of this title;(2) $9,430,000 for the National Academy for Fire Prevention and Control;
(3) $307,000 for adjustments required by law in salaries, pay, retirement, and employee benefits;
(4) $500,000 for additional rural firefighting technical assistance and information activities;
(5) $500,000 for the study required by section 2222 1 of this title; and
(6) $110,000 for the study required by section 2223 1 of this title.
(b) There are authorized to be appropriated for the additional administrative expenses of the Federal Emergency Management Agency, which are related to this chapter and which result from Reorganization Plan Numbered 3 of 1978 (submitted June 19, 1978) and related Executive orders, an amount not to exceed $600,000 for the fiscal year ending September 30, 1980.
(c) There are authorized to be appropriated to carry out this chapter, except as otherwise specifically provided with respect to the payment of claims under section 2210 of this title, an amount not to exceed $23,814,000 for the fiscal year ending September 30, 1981, which amount includes—
(1) not less than $1,100,000 for the first year of a three-year concentrated demonstration program of fire prevention and control in two States with high fire death rates;
(2) not less than $2,575,000 for rural fire prevention and control; and
(3) not less than $4,255,000 for research and development for the activities under section 278f of this title at the Fire Research Center of the National Institute of Standards and Technology, of which not less than $250,000 shall be available for adjustments required by law in salaries, pay, retirement, and employee benefits.
The funds authorized in paragraph (3) shall be in addition to funds authorized in any other law for research and development at the Fire Research Center.
(d) Except as otherwise specifically provided with respect to the payment of claims under section 2210 of this title, to carry out the purposes of this chapter, there are authorized to be appropriated—
(1) $20,815,000 for the fiscal year ending September 30, 1982, and $23,312,800 for the fiscal year ending September 30, 1983, which amount shall include—
(A) such sums as may be necessary for the support of research and development at the Fire Research Center of the National Institute of Standards and Technology under section 278f of this title, which sums shall be in addition to those funds authorized to be appropriated under the National Bureau of Standards Authorization Act for fiscal years 1981 and 1982; and
(B) $654,000 for the fiscal year ending September 30, 1982, and $732,480 for the fiscal year ending September 30, 1983, for executive direction by the Federal Emergency Management Agency of program activities for which appropriations are authorized by this subsection; and
(2) such further sums as may be necessary in each of the fiscal years ending September 30, 1982, and September 30, 1983, for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by paragraph (1) of this subsection.
The funds authorized under section 278f of this title shall be in addition to funds authorized in any other law for research and development at the Fire Research Center of the National Institute of Standards and Technology.
(e) Except as otherwise specifically provided with respect to the payment of claims under section 2210 of this title, to carry out the purposes of this chapter, there are authorized to be appropriated—
(1) $15,720,000 for the fiscal year ending September 30, 1984, and $20,983,000 for the fiscal year ending September 30, 1985; and
(2) such further sums as may be necessary in each of the fiscal years ending September 30, 1984, and September 30, 1985, for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by paragraph (1) of this subsection.
The funds authorized under this subsection shall be in addition to funds authorized in any other law for research and development at the Fire Research Center of the National Institute of Standards and Technology.
(f) Except as otherwise specifically provided with respect to the payment of claims under section 2210 of this title, to carry out the purposes of this chapter, there are authorized to be appropriated $22,037,000 for the fiscal year ending September 30, 1986 and $18,300,000 for the fiscal year ending September 30, 1987.
(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;
(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, of which $2,753,672 shall be used to carry out section 2207(f) of this title;
(J) $76,490,890 for fiscal year 2014, of which $2,753,672 shall be used to carry out section 2207(f) of this title;
(K) $76,490,890 for fiscal year 2015, of which $2,753,672 shall be used to carry out section 2207(f) of this title;
(L) $76,490,890 for fiscal year 2016, of which $2,753,672 shall be used to carry out section 2207(f) of this title; and
(M) $76,490,890 for for 2
2 So in original.
each of fiscal years 2017 through 2023, of which $2,753,672 for each such fiscal year shall be used to carry out section 2207(f) of this title.(2) Of the amounts referred to in paragraph (1), not more than $4,150,000 is authorized to be appropriated for each fiscal year for National Emergency Training Center site administration.
(h) In addition to any other amounts that are authorized to be appropriated to carry out this chapter, there are authorized to be appropriated to carry out this chapter—
(1) $500,000 for fiscal year 1995 for basic research on the development of an advanced course on arson prevention;
(2) $2,000,000 for fiscal year 1996 for the expansion of arson investigator training programs at the Academy under section 2220 of this title and at the Federal Law Enforcement Training Center, or through regional delivery sites;
(3) $4,000,000 for each of fiscal years 1995 and 1996 for carrying out section 2221 of this title, except for salaries and expenses for carrying out section 2221 of this title; and
(4) $250,000 for each of the fiscal years 1995 and 1996 for salaries and expenses for carrying out section 2221 of this title.
(Pub. L. 93–498, § 17, Oct. 29, 1974, 88 Stat. 1545; Pub. L. 94–411, § 1(a), Sept. 13, 1976, 90 Stat. 1254; Pub. L. 95–422, § 1(a), Oct. 5, 1978, 92 Stat. 932; Pub. L. 96–121, § 1, Nov. 16, 1979, 93 Stat. 863; Pub. L. 96–472, title II, § 201, Oct. 19, 1980, 94 Stat. 2260; Pub. L. 97–80, title II, § 201, Nov. 20, 1981, 95 Stat. 1081; Pub. L. 98–241, title II, § 201, Mar. 22, 1984, 98 Stat. 95; Pub. L. 99–97, Sept. 26, 1985, 99 Stat. 465; Pub. L. 99–359, § 1, July 8, 1986, 100 Stat. 764; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 100–476, § 1, Oct. 6, 1988, 102 Stat. 2304; Pub. L. 102–522, title I, § 101, Oct. 26, 1992, 106 Stat. 3410; Pub. L. 103–254, § 7, May 19, 1994, 108 Stat. 682; Pub. L. 105–108, § 2, Nov. 20, 1997, 111 Stat. 2264; Pub. L. 106–503, title I, § 102, Nov. 13, 2000, 114 Stat. 2298; Pub. L. 108–169, title I, § 103, Dec. 6, 2003, 117 Stat. 2036; Pub. L. 110–376, § 3, Oct. 8, 2008, 122 Stat. 4057; Pub. L. 112–239, div. A, title XVIII, § 1814, Jan. 2, 2013, 126 Stat. 2118; Pub. L. 115–98, § 2, Jan. 3, 2018, 131 Stat. 2239.)
§ 2217. Public access to information
Copies of any document, report, statement, or information received or sent by the Administrator of FEMA or the Administrator shall be made available to the public pursuant to the provisions of section 552 of title 5: Provided, That, notwithstanding the provisions of subsection (b) of such section and of section 1905 of title 18, the Administrator of FEMA 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).
(Pub. L. 93–498, § 20, Oct. 29, 1974, 88 Stat. 1547; Pub. L. 106–503, title I, § 110(a)(2)(B)(viii), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
§ 2218. Administrative provisions
(a) Assistance to Administrator
(b) Powers of Administrator
With respect to this chapter, the Administrator is authorized to—
(1) enter into, without regard to section 6101 of title 41 1
1 So in original. Probably should be followed by a comma.
such contracts, grants, leases, cooperative agreements, or other transactions as may be necessary to carry out the provisions of this chapter;(2) accept gifts and voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
(3) purchase, lease, or otherwise acquire, own, hold, improve, use, or deal in and with any property (real, personal, or mixed, tangible or intangible), or interest in property, wherever situated; and sell, convey, mortgage, pledge, lease, exchange, or otherwise dispose of property and assets;
(4) procure temporary and intermittent services to the same extent as is authorized under section 3109 of title 5, but at rates not to exceed the daily equivalent of the maximum annual rate of basic pay then in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332(a)) for qualified experts; and
(5) establish such rules, regulations, and procedures as are necessary to carry out the provisions of this chapter.
(c) Audit
(d) Inventions and discoveries
(e) Coordination
(1) In general
(2) Coordination of fire prevention and control programs
(3) Coordination of emergency medical services programs
(Pub. L. 93–498, § 21, Oct. 29, 1974, 88 Stat. 1548; Pub. L. 96–121, § 2, Nov. 16, 1979, 93 Stat. 863; Pub. L. 106–503, title I, § 110(a)(2)(B)(ix), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 110–376, § 9(a), Oct. 8, 2008, 122 Stat. 4061; Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
§ 2219. Assistance to Consumer Product Safety Commission
Upon request, the Administrator shall assist the Consumer Product Safety Commission in the development of fire safety standards or codes for consumer products, as defined in the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
(Pub. L. 93–498, § 22, Oct. 29, 1974, 88 Stat. 1549.)
§ 2220. Arson prevention, detection, and control
The Administrator shall—
(1) develop arson detection techniques to assist Federal agencies and States and local jurisdictions in improving arson prevention, detection, and control;
(2) provide training and instructional materials in the skills and knowledge necessary to assist Federal, State, and local fire service and law enforcement personnel in arson prevention, detection, and control, with particular emphasis on the needs of volunteer firefighters for improved and more widely available arson training courses;
(3) formulate methods for collection of arson data which would be compatible with methods of collection used for the uniform crime statistics of the Federal Bureau of Investigation;
(4) develop and implement programs for improved collection of nationwide arson statistics within the National Fire Incident Reporting System at the National Fire Data Center;
(5) develop programs for public education on the extent, causes, and prevention of arson; and
(6) develop handbooks to assist Federal, State, and local fire service and law enforcement personnel in arson prevention and detection.
(Pub. L. 93–498, § 24, as added Pub. L. 95–422, § 3(a), Oct. 5, 1978, 92 Stat. 932; amended Pub. L. 103–254, § 4, May 19, 1994, 108 Stat. 682; Pub. L. 106–503, title I, § 110(a)(1)(C), (D), Nov. 13, 2000, 114 Stat. 2302.)
§ 2221. Arson prevention grants
(a) DefinitionsAs used in this section:
(1) Arson
(2) Office
(b) Grants
(c) GoalsIn carrying out this section, the Administrator shall award 2-year grants on a competitive, merit basis to States, or consortia of States, for projects that promote one or more of the following goals:
(1) To improve the training by States leading to professional certification of arson investigators, in accordance with nationally recognized certification standards.
(2) To provide resources for the formation of arson task forces or interagency organizational arrangements involving police and fire departments and other relevant local agencies, such as a State arson bureau and the office of a fire marshal of a State.
(3) To combat fraud as a cause of arson and to advance research at the State and local levels on the significance and prevention of fraud as a motive for setting fires.
(4) To provide for the management of arson squads, including—
(A) training courses for fire departments in arson case management, including standardization of investigative techniques and reporting methodology;
(B) the preparation of arson unit management guides; and
(C) the development and dissemination of new public education materials relating to the arson problem.
(5) To combat civil unrest as a cause of arson and to advance research at the State and local levels on the prevention and control of arson linked to urban disorders.
(6) To combat juvenile arson, such as juvenile fire-setter counseling programs and similar intervention programs, and to advance research at the State and local levels on the prevention of juvenile arson.
(7) To combat drug-related arson and to advance research at the State and local levels on the causes and prevention of drug-related arson.
(8) To combat domestic violence as a cause of arson and to advance research at the State and local levels on the prevention of arson arising from domestic violence.
(9) To combat arson in rural areas and to improve the capability of firefighters to identify and prevent arson initiated fires in rural areas and public forests.
(10) To improve the capability of firefighters to identify and combat arson through expanded training programs, including—
(A) training courses at the State fire academies; and
(B) innovative courses developed with the Academy and made available to volunteer firefighters through regional delivery methods, including teleconferencing and satellite delivered television programs.
(d) Structuring of applications
(e) State qualification criteriaIn order to qualify for a grant under this section, a State, or consortium of States, shall provide assurances adequate to the Administrator that the State or consortium—
(1) will obtain at least 25 percent of the cost of programs funded by the grant, in cash or in kind, from non-Federal sources;
(2) will not as a result of receiving the grant decrease the prior level of spending of funds of the State or consortium from non-Federal sources for arson research, prevention, and control programs;
(3) will use no more than 10 percent of funds provided under the grant for administrative costs of the programs; and
(4) is making efforts to ensure that all local jurisdictions will provide arson data to the National Fire Incident Reporting System or the Uniform Crime Reporting program.
(f) Extension
(g) Technical assistance
(h) Consultation and cooperation
(i) AssessmentNot later than 18 months after May 19, 1994, the Administrator shall submit a report to Congress that—
(1) identifies grants made under this section;
(2) specifies the identity of grantees;
(3) states the goals of each grant; and
(4) contains a preliminary assessment of the effectiveness of the grant program under this section.
(j) Regulations
(k) Administration
(l) Purchase of American made equipment and products
(1) Sense of Congress
(2) Notice to recipients of assistance
(Pub. L. 93–498, § 25, as added Pub. L. 103–254, § 3, May 19, 1994, 108 Stat. 679.)
§§ 2222, 2223. Repealed. Pub. L. 106–503, title I, § 110(a)(1)(B), Nov. 13, 2000, 114 Stat. 2302
§ 2223a. Review
The Administrator of the United States Fire Administration (hereafter in sections 2223a to 2223e of this title referred to as the “Administrator”) shall conduct a review of existing response information used by emergency response personnel at the State and local levels to evaluate its accuracy and consistency, and to determine whether it is properly expressed. Such information should clearly communicate to emergency response personnel the probable hazards which they must contend with in an emergency situation involving hazardous materials, and the appropriate response to those hazards.
(Pub. L. 101–446, § 2, Oct. 22, 1990, 104 Stat. 1045.)
§ 2223b. Working groupFor the purpose of carrying out section 2223a of this title, the Administrator shall establish a working group which shall, at a minimum, consist of—
(1) program officials from each of—
(A) the Environmental Protection Agency;
(B) the National Oceanic and Atmospheric Administration;
(C) the Department of Transportation;
(D) the Occupational Safety and Health Administration; and
(E) the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice,
who develop and disseminate hazardous materials identification and response data, and who collect, collate, analyze, and disseminate hazardous materials incident data;
(2) State and local operational officials with emergency response or relevant regulatory responsibilities; and
(3) representatives of companies engaged in the manufacture and processing of chemicals.
(Pub. L. 101–446, § 3, Oct. 22, 1990, 104 Stat. 1045; Pub. L. 107–296, title XI, § 1112(d), Nov. 25, 2002, 116 Stat. 2276.)
§ 2223c. Report and recommendations
The working group established under section 2223b of this title shall, within 1 year after October 22, 1990, submit a report to the Administrator and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate presenting the results of the review carried out under sections 2223a to 2223e of this title, along with recommendations to ensure that response information disseminated to emergency response personnel is appropriate for operational personnel at the local level.
(Pub. L. 101–446, § 4, Oct. 22, 1990, 104 Stat. 1045.)
§ 2223d. Annual revision of recommendations
After the submission of the report cited in section 2223c of this title, the working group established under section 2223b of this title shall meet as needed, but at least once every 12 months, to review and recommend changes and additions to the report cited in section 2223c of this title, that are necessary and appropriate for operational personnel at the local level.
(Pub. L. 101–446, § 5, Oct. 22, 1990, 104 Stat. 1046.)
§ 2223e. “Emergency response personnel” defined
As used in sections 2223a to 2223e of this title, the term “emergency response personnel” means personnel responsible for mitigation activities in a medical emergency, fire emergency, hazardous material emergency, or natural disaster.
(Pub. L. 101–446, § 6, Oct. 22, 1990, 104 Stat. 1046.)
§ 2224. Listings of places of public accommodation
(a) Submissions by States
(1) Not later than 2 years after September 25, 1990, each State (acting through its Governor or the Governor’s designee) shall, under procedures formulated by the Administrator of FEMA, submit to the 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 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 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 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 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.
(Pub. L. 93–498, § 28, as added Pub. L. 101–391, § 3(a), Sept. 25, 1990, 104 Stat. 747; amended Pub. L. 102–522, title I, § 104, Oct. 26, 1992, 106 Stat. 3411; Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
§ 2225. Fire prevention and control guidelines for places of public accommodation
(a) Contents of guidelines
The guidelines referred to in sections 2224 and 2226 of this title consist of—
(1) a requirement that hard-wired, single-station smoke detectors be installed in accordance with National Fire Protection Association Standard 74 or any successor standard to that standard in each guest room in each place of public accommodation affecting commerce; and
(2) a requirement that an automatic sprinkler system be installed in accordance with National Fire Protection Association Standard 13 or 13–R, or any successor standard to that standard, whichever is appropriate, in each place of public accommodation affecting commerce except those places that are 3 stories or lower.
(b) Exceptions
(1) The requirement described in subsection (a)(2) shall not apply to a place of public accommodation affecting commerce with an automatic sprinkler system installed before October 25, 1992, if the automatic sprinkler system is installed in compliance with an applicable standard (adopted by the governmental authority having jurisdiction, and in effect, at the time of installation) that required the placement of a sprinkler head in the sleeping area of each guest room.
(2) The requirement described in subsection (a)(2) shall not apply to a place of public accommodation affecting commerce to the extent that such place of public accommodation affecting commerce is subject to a standard that includes a requirement or prohibition that prevents compliance with a provision of National Fire Protection Association Standard 13 or 13–R, or any successor standard to that standard. In such a case, the place of public accommodation affecting commerce is exempt only from that specific provision.
(c) Effect on State and local law
(d) Definitions
For purposes of this section, the following definitions shall apply:
(1) The term “smoke detector” means an alarm that is designed to respond to the presence of visible or invisible particles of combustion.
(2) The term “automatic sprinkler system” means an electronically supervised, integrated system of piping to which sprinklers are attached in a systematic pattern, and which, when activated by heat from a fire, will protect human lives by discharging water over the fire area, and by providing appropriate warning signals (to the extent such signals are required by Federal, State, or local laws or regulations) through the building’s fire alarm system.
(3) The term “governmental authority having jurisdiction” means the Federal, State, local, or other governmental entity with statutory or regulatory authority for the approval of fire safety systems, equipment, installations, or procedures within a specified locality.
(Pub. L. 93–498, § 29, as added Pub. L. 101–391, § 3(a), Sept. 25, 1990, 104 Stat. 748; amended Pub. L. 102–522, title I, § 105, Oct. 26, 1992, 106 Stat. 3411; Pub. L. 105–108, § 3(1)–(3), Nov. 20, 1997, 111 Stat. 2264.)
§ 2225a. Prohibiting Federal funding of conferences held at non-certified places of public accommodation
(a) In general
(b) Waiver
(1) In general
(2) Delegation of authority
(c) Notice requirements
(1) Advertisements and applications
(A) Any advertisement for or application for attendance at a meeting, convention, conference, or training seminar sponsored or funded in whole or in part by the Federal Government shall include a notice regarding the prohibition described in subsection (a).
(B) The requirement described in subparagraph (A) shall not apply in the case of an event for which a head of an agency of the Federal Government, pursuant to subsection (b), waives the prohibition described in subsection (a).
(2) Providing notice to recipients of funds
(A) Each Executive department, Government corporation, and independent establishment providing Federal funds to non-Federal entities shall notify recipients of such funds of the prohibition described in subsection (a).
(B) In subparagraph (A), the terms “Executive department”, “Government corporation”, and “independent establishment” have the meanings given such terms in chapter 1 of title 5.
(d) Effective date
(Pub. L. 101–391, § 6, Sept. 25, 1990, 104 Stat. 751.)
§ 2226. Dissemination of fire prevention and control information
The 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.
(Pub. L. 93–498, § 30, as added Pub. L. 101–391, § 3(a), Sept. 25, 1990, 104 Stat. 748; amended Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.)
§ 2227. Fire safety systems in federally assisted buildings
(a) DefinitionsFor purposes of this section, the following definitions apply:
(1) The term “affordable cost” means the cost to a Federal agency of leasing office space in a building that is protected by an automatic sprinkler system or equivalent level of safety, which cost is no more than 10 percent greater than the cost of leasing available comparable office space in a building that is not so protected.
(2) The term “automatic sprinkler system” means an electronically supervised, integrated system of piping to which sprinklers are attached in a systematic pattern, and which, when activated by heat from a fire—
(A) will protect human lives by discharging water over the fire area, in accordance with the National Fire Protection Association Standard 13, 13D, or 13R, whichever is appropriate for the type of building and occupancy being protected, or any successor standard thereto; and
(B) includes an alarm signaling system with appropriate warning signals (to the extent such alarm systems and warning signals are required by Federal, State, or local laws or regulations) installed in accordance with the National Fire Protection Association Standard 72, or any successor standard thereto.
(3) The term “equivalent level of safety” means an alternative design or system (which may include automatic sprinkler systems), based upon fire protection engineering analysis, which achieves a level of safety equal to or greater than that provided by automatic sprinkler systems.
(4) The term “Federal employee office building” means any office building in the United States, whether owned or leased by the Federal Government, that is regularly occupied by more than 25 full-time Federal employees in the course of their employment.
(5) The term “housing assistance”—
(A) means assistance provided by the Federal Government to be used in connection with the provision of housing,1
1 So in original. The comma probably should not appear.
that is provided in the form of a grant, contract, loan, loan guarantee, cooperative agreement, interest subsidy, insurance, or direct appropriation; and(B) does not include assistance provided by the Secretary of Veterans Affairs; the Federal Emergency Management Agency; the Secretary of Housing and Urban Development under the single family mortgage insurance programs under the National Housing Act [12 U.S.C. 1701 et seq.] or the homeownership assistance program under section 235 of such Act [12 U.S.C. 1715z]; the National Homeownership Trust; the Federal Deposit Insurance Corporation under the affordable housing program under section 1831q of title 12; or the Resolution Trust Corporation under the affordable housing program under section 1441a(c) 2
2 See References in Text note below.
of title 12.(6) The term “hazardous areas” means those areas in a building referred to as hazardous areas in National Fire Protection Association Standard 101, known as the Life Safety Code, or any successor standard thereto.
(7) The term “multifamily property” means—
(A) in the case of housing for Federal employees or their dependents, a residential building consisting of more than 2 residential units that are under one roof; and
(B) in any other case, a residential building consisting of more than 4 residential units that are under one roof.
(8) The term “prefire plan” means specific plans for fire fighting activities at a property or location.
(9) The term “rebuilding” means the repairing or reconstructing of portions of a multifamily property where the cost of the alterations is 70 percent or more of the replacement cost of the completed multifamily property, not including the value of the land on which the multifamily property is located.
(10) The term “renovated” means the repairing or reconstructing of 50 percent or more of the current value of a Federal employee office building, not including the value of the land on which the Federal employee office building is located.
(11) The term “smoke detectors” means single or multiple station, self-contained alarm devices designed to respond to the presence of visible or invisible particles of combustion, installed in accordance with the National Fire Protection Association Standard 74 or any successor standard thereto.
(12) The term “United States” means the States collectively.
(b) Federal employee office buildings
(1)
(A) No Federal funds may be used for the construction or purchase of a Federal employee office building of 6 or more stories unless during the period of occupancy by Federal employees the building is protected by an automatic sprinkler system or equivalent level of safety. No Federal funds may be used for the construction or purchase of any other Federal employee office building unless during the period of occupancy by Federal employees the hazardous areas of the building are protected by automatic sprinkler systems or an equivalent level of safety.
(B)
(i) Except as provided in clause (ii), no Federal funds may be used for the lease of a Federal employee office building of 6 or more stories, where at least some portion of the federally leased space is on the sixth floor or above and at least 35,000 square feet of space is federally occupied, unless during the period of occupancy by Federal employees the entire Federal employee office building is protected by an automatic sprinkler system or equivalent level of safety. No Federal funds may be used for the lease of any other Federal employee office building unless during the period of occupancy by Federal employees the hazardous areas of the entire Federal employee office building are protected by automatic sprinkler systems or an equivalent level of safety.
(ii) The first sentence of clause (i) shall not apply to the lease of a building the construction of which is completed before October 26, 1992, if the leasing agency certifies that no suitable building with automatic sprinkler systems or an equivalent level of safety is available at an affordable cost.
(2) Paragraph (1) shall not apply to—
(A) a Federal employee office building that was owned by the Federal Government before October 26, 1992;
(B) space leased in a Federal employee office building if the space was leased by the Federal Government before October 26, 1992;
(C) space leased on a temporary basis for not longer than 6 months;
(D) a Federal employee office building that becomes a Federal employee office building pursuant to a commitment to move Federal employees into the building that is made prior to October 26, 1992; or
(E) a Federal employee office building that is owned or managed by the Resolution Trust Corporation.
Nothing in this subsection shall require the installation of an automatic sprinkler system or equivalent level of safety by reason of the leasing, after October 26, 1992, of space below the sixth floor in a Federal employee office building.
(3) No Federal funds may be used for the renovation of a Federal employee office building of 6 or more stories that is owned by the Federal Government unless after that renovation the Federal employee office building is protected by an automatic sprinkler system or equivalent level of safety. No Federal funds may be used for the renovation of any other Federal employee office building that is owned by the Federal Government unless after that renovation the hazardous areas of the Federal employee office building are protected by automatic sprinkler systems or an equivalent level of safety.
(4) No Federal funds may be used for entering into or renewing a lease of a Federal employee office building of 6 or more stories that is renovated after October 26, 1992, where at least some portion of the federally leased space is on the sixth floor or above and at least 35,000 square feet of space is federally occupied, unless after that renovation the Federal employee office building is protected by an automatic sprinkler system or equivalent level of safety. No Federal funds may be used for entering into or renewing a lease of any other Federal employee office building that is renovated after October 26, 1992, unless after that renovation the hazardous areas of the Federal employee office building are protected by automatic sprinkler systems or an equivalent level of safety.
(c) Housing
(1)
(A) Except as otherwise provided in this paragraph, no Federal funds may be used for the construction, purchase, lease, or operation by the Federal Government of housing in the United States for Federal employees or their dependents unless—
(i) in the case of a multifamily property acquired or rebuilt by the Federal Government after October 26, 1992, the housing is protected, before occupancy by Federal employees or their dependents, by an automatic sprinkler system (or equivalent level of safety) and hard-wired smoke detectors; and
(ii) in the case of any other housing, the housing, before—(I) occupancy by the first Federal employees (or their dependents) who do not occupy such housing as of October 26, 1992; or(II) the expiration of 3 years after October 26, 1992,
whichever occurs first, is protected by hard-wired smoke detectors.
(B) Nothing in this paragraph shall be construed to supersede any guidelines or requirements applicable to housing for Federal employees that call for a higher level of fire safety protection than is required under this paragraph.
(C) Housing covered by this paragraph that does not have an adequate and reliable electrical system shall not be subject to the requirement under subparagraph (A) for protection by hard-wired smoke detectors, but shall be protected by battery operated smoke detectors.
(D) If funding has been programmed or designated for the demolition of housing covered by this paragraph, such housing shall not be subject to the fire protection requirements of subparagraph (A), but shall be protected by battery operated smoke detectors.
(2)
(A)
(i) Housing assistance may not be used in connection with any newly constructed multifamily property, unless after the new construction the multifamily property is protected by an automatic sprinkler system and hard-wired smoke detectors.
(ii) For purposes of clause (i), the term “newly constructed multifamily property” means a multifamily property of 4 or more stories above ground level—(I) that is newly constructed after October 26, 1992; and(II) for which (a) housing assistance is used for such new construction, or (b) a binding commitment is made, before commencement of such construction, to provide housing assistance for the newly constructed property.
(iii) Clause (i) shall not apply to any multifamily property for which, before October 26, 1992, a binding commitment is made to provide housing assistance for the new construction of the property or for the newly constructed property.
(B)
(i) Except as provided in clause (ii), housing assistance may not be used in connection with any rebuilt multifamily property, unless after the rebuilding the multifamily property complies with the chapter on existing apartment buildings of National Fire Protection Association Standard 101 (known as the Life Safety Code) or any successor standard to that standard, as in effect at the earlier of (I) the time of any approval by the Department of Housing and Urban Development of the specific plan or budget for rebuilding, or (II) the time that a binding commitment is made to provide housing assistance for the rebuilt property.
(ii) If any rebuilt multifamily property is subject to, and in compliance with, any provision of a State or local fire safety standard or code that prevents compliance with a specific provision of National Fire Protection Association Standard 101 or any successor standard to that standard, the requirement under clause (i) shall not apply with respect to such specific provision.
(iii) For purposes of this subparagraph, the term “rebuilt multifamily property” means a multifamily property of 4 or more stories above ground level—(I) that is rebuilt after the last day of the second fiscal year that ends after October 26, 1992; and(II) for which (a) housing assistance is used for such rebuilding, or (b) a binding commitment is made, before commencement of such rebuilding, to provide housing assistance for the rebuilt property.
(C) After the expiration of the 180-day period beginning on October 26, 1992, housing assistance may not be used in connection with any other dwelling unit, unless the unit is protected by a hard-wired or battery-operated smoke detector. For purposes of this subparagraph, housing assistance shall be considered to be used in connection with a particular dwelling unit only if such assistance is provided (i) for the particular unit, in the case of assistance provided on a unit-by-unit basis, or (ii) for the multifamily property in which the unit is located, in the case of assistance provided on a structure-by-structure basis.
(d) Regulations
(e) State and local authority not limited
(f) Prefire plan
(g) Reports to Congress
(1) Within 3 years after October 26, 1992, and every 3 years thereafter, the Administrator of General Services shall transmit to Congress a report on the level of fire safety in Federal employee office buildings subject to fire safety requirements under this section. Such report shall contain a description of such buildings for each Federal agency.
(2) Within 10 years after October 26, 1992, each Federal agency providing housing to Federal employees or housing assistance shall submit a report to Congress on the progress of that agency in implementing subsection (c) and on plans for continuing such implementation.
(3)
(A) The National Institute of Standards and Technology shall conduct a study and submit a report to Congress on the use, in combination, of fire detection systems, fire suppression systems, and compartmentation. Such study shall—
(i) quantify performance and reliability for fire detection systems, fire suppression systems, and compartmentation, including a field assessment of performance and determination of conditions under which a reduction or elimination of 1 or more of those systems would result in an unacceptable risk of fire loss; and
(ii) include a comparative analysis and compartmentation using fire resistive materials and compartmentation using noncombustible materials.
(B) The National Institute of Standards and Technology shall obtain funding from non-Federal sources in an amount equal to 25 percent of the cost of the study required by subparagraph (A). Funding for the National Institute of Standards and Technology for carrying out such study shall be derived from amounts otherwise authorized to be appropriated, for the Building and Fire Research Center at the National Institute of Standards and Technology, not to exceed $750,000. The study shall commence until receipt of all matching funds from non-Federal sources. The scope and extent of the study shall be determined by the level of project funding. The Institute shall submit a report to Congress on the study within 30 months after October 26, 1992.
(h) Relation to other requirements
(Pub. L. 93–498, § 31, as added Pub. L. 102–522, title I, § 106(a), Oct. 26, 1992, 106 Stat. 3412; amended Pub. L. 103–254, § 6, May 19, 1994, 108 Stat. 682; Pub. L. 104–316, title I, § 107, Oct. 19, 1996, 110 Stat. 3832; Pub. L. 105–108, § 3(4), (5), Nov. 20, 1997, 111 Stat. 2264.)
§ 2228. CPR training
No funds shall be made available to a State or local government under section 2221 of this title unless such government has a policy to actively promote the training of its firefighters in cardiopulmonary resuscitation.
(Pub. L. 93–498, § 32, as added Pub. L. 103–254, § 5, May 19, 1994, 108 Stat. 682.)
§ 2229. Firefighter assistance
(a) DefinitionsIn this section:
(1) Administrator of FEMA
(2) Available grant funds
(3) Career fire department
(4) Combination fire departmentThe term “combination fire department” means a fire department that has—
(A) paid firefighting personnel; and
(B) volunteer firefighting personnel.
(5) Firefighting personnel
(6) Institution of higher education
(7) Nonaffiliated EMS organization
(8) Paid-on-call
(9) Volunteer fire department
(b) Assistance program
(1) AuthorityIn accordance with this section, the Administrator of FEMA may award—
(A) assistance to firefighters grants under subsection (c); and
(B) fire prevention and safety grants and other assistance under subsection (d).
(2) Administrative assistanceThe Administrator of FEMA shall—
(A) establish specific criteria for the selection of grant recipients under this section; and
(B) provide assistance with application preparation to applicants for such grants.
(c) Assistance to firefighters grants
(1) In generalThe Administrator of FEMA may, in consultation with the chief executives of the States in which the recipients are located, award grants on a competitive basis directly to—
(A) fire departments, for the purpose of protecting the health and safety of the public and firefighting personnel throughout the United States against fire, fire-related, and other hazards;
(B) nonaffiliated EMS organizations to support the provision of emergency medical services; and
(C) State fire training academies for the purposes described in subparagraphs (G), (H), and (I) of paragraph (3).
(2) Maximum grant amounts
(A) PopulationThe Administrator of FEMA may not award a grant under this subsection in excess of amounts as follows:
(i) In the case of a recipient that serves a jurisdiction with 100,000 people or fewer, the amount of the grant awarded to such recipient shall not exceed $1,000,000 in any fiscal year.
(ii) In the case of a recipient that serves a jurisdiction with more than 100,000 people but not more than 500,000 people, the amount of the grant awarded to such recipient shall not exceed $2,000,000 in any fiscal year.
(iii) In the case of a recipient that serves a jurisdiction with more than 500,000 but not more than 1,000,000 people, the amount of the grant awarded to such recipient shall not exceed $3,000,000 in any fiscal year.
(iv) In the case of a recipient that serves a jurisdiction with more than 1,000,000 people but not more than 2,500,000 people, the amount of the grant awarded to such recipient shall not exceed $6,000,000 for any fiscal year.
(v) In the case of a recipient that serves a jurisdiction with more than 2,500,000 people, the amount of the grant awarded to such recipient shall not exceed $9,000,000 in any fiscal year.
(B) Aggregate
(i) In general
(ii) Exception
(3) Use of grant fundsEach entity receiving a grant under this subsection shall use the grant for one or more of the following purposes:
(A) To train firefighting personnel in—
(i) firefighting;
(ii) emergency medical services and other emergency response (including response to natural disasters, acts of terrorism, and other man-made disasters);
(iii) arson prevention and detection;
(iv) maritime firefighting; or
(v) the handling of hazardous materials.
(B) To train firefighting personnel to provide any of the training described under subparagraph (A).
(C) To fund the creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies.
(D) To certify—
(i) fire inspectors; and
(ii) building inspectors—(I) whose responsibilities include fire safety inspections; and(II) who are employed by or serving as volunteers with a fire department.
(E) To establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel are able to carry out their duties as firefighters, including programs dedicated to raising awareness of, and prevention of, job-related mental health issues.
(F) To fund emergency medical services provided by fire departments and nonaffiliated EMS organizations.
(G) To acquire additional firefighting vehicles, including fire trucks and other apparatus.
(H) To acquire additional firefighting equipment, including equipment for—
(i) fighting fires with foam in remote areas without access to water; and
(ii) communications, monitoring, and response to a natural disaster, act of terrorism, or other man-made disaster, including the use of a weapon of mass destruction.
(I) To acquire personal protective equipment, including personal protective equipment—
(i) prescribed for firefighting personnel by the Occupational Safety and Health Administration of the Department of Labor; or
(ii) for responding to a natural disaster or act of terrorism or other man-made disaster, including 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 educate the public about arson prevention and detection.
(L) To provide incentives for the recruitment and retention of volunteer firefighting personnel for volunteer firefighting departments and other firefighting departments that utilize volunteers.
(M) To support such other activities, consistent with the purposes of this subsection, as the Administrator of FEMA determines appropriate.
(N) To provide specialized training to firefighters, paramedics, emergency medical service workers, and other first responders to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness, including strategies for verbal de-escalation of crisis.
(d) Fire prevention and safety grants
(1) In generalFor the purpose of assisting fire prevention programs and supporting firefighter health and safety research and development, the Administrator of FEMA may, on a competitive basis—
(A) award grants to fire departments;
(B) award grants to, or enter into contracts or cooperative agreements with, national, State, local, tribal, or nonprofit 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—
(i) fire prevention programs; and
(ii) research to improve firefighter health and life safety; and
(C) award grants to institutions of higher education, national fire service organizations, or national fire safety organizations to establish and operate fire safety research centers.
(2) Maximum grant amount
(3) Use of grant fundsEach entity receiving a grant under this subsection shall use the grant for one or more of the following purposes:
(A) To enforce fire codes and promote compliance with fire safety standards.
(B) To fund fire prevention programs, including programs that educate the public about arson prevention and detection.
(C) To fund wildland fire prevention programs, including education, awareness, and mitigation programs that protect lives, property, and natural resources from fire in the wildland-urban interface.
(D) In the case of a grant awarded under paragraph (1)(C), to fund the establishment or operation of a fire safety research center for the purpose of significantly reducing the number of fire-related deaths and injuries among firefighters and the general public through research, development, and technology transfer activities.
(E) To support such other activities, consistent with the purposes of this subsection, as the Administrator of FEMA determines appropriate.
(4) Limitation
(e) Applications for grants
(1) In general
(2) ElementsEach application submitted under paragraph (1) shall include the following:
(A) A description of the financial need of the applicant for the grant.
(B) An analysis of the costs and benefits, with respect to public safety, of the use for which a grant is requested.
(C) An agreement to provide information to the national fire incident reporting system for the period covered by the grant.
(D) A list of other sources of funding received by the applicant—
(i) for the same purpose for which the application for a grant under this section was submitted; or
(ii) from the Federal Government for other fire-related purposes.
(E) Such other information as the Administrator of FEMA determines appropriate.
(3) Joint or regional applications
(A) In general
(B) Nonexclusivity
(C) GuidanceThe Administrator of FEMA shall—
(i) publish guidance on applying for and administering grants awarded for joint programs and initiatives described in subparagraph (A); and
(ii) encourage applicants to apply for grants for joint programs and initiatives described in subparagraph (A) as the Administrator of FEMA determines appropriate to achieve greater cost effectiveness and regional efficiency.
(f) Peer review of grant applications
(1) In general
(2) Applicability of chapter 10 of title 5
(g) Prioritization of grant awardsIn awarding grants under this section, the Administrator of FEMA shall consider the following:
(1) The findings and recommendations of the peer reviews carried out under subsection (f).
(2) The degree to which an award will reduce deaths, injuries, and property damage by reducing the risks associated with fire-related and other hazards.
(3) The extent of the need of an applicant for a grant under this section and the need to protect the United States as a whole.
(4) The number of calls requesting or requiring a fire fighting or emergency medical response received by an applicant.
(h) Allocation of grant awardsIn awarding grants under this section, the Administrator of FEMA shall ensure that of the available grant funds in each fiscal year—
(1) not less than 25 percent are awarded under subsection (c) to career fire departments;
(2) not less than 25 percent are awarded under subsection (c) to volunteer fire departments;
(3) not less than 25 percent are awarded under subsection (c) to combination fire departments and fire departments using paid-on-call firefighting personnel;
(4) not less than 10 percent are available for open competition among career fire departments, volunteer fire departments, combination fire departments, and fire departments using paid-on-call firefighting personnel for grants awarded under subsection (c);
(5) not less than 10 percent are awarded under subsection (d); and
(6) not more than 2 percent are awarded under this section to nonaffiliated EMS organizations described in subsection (c)(1)(B).
(i) Additional requirements and limitations
(1) Funding for emergency medical services
(2) State fire training academies
(A) Maximum share
(B) Maximum grant amount
(3) Amounts for purchasing firefighting vehicles
(j) Further considerations
(1) Assistance to firefighters grants to fire departmentsIn considering applications for grants under subsection (c)(1)(A), the Administrator of FEMA shall consider—
(A) 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; and
(B) a broad range of factors important to the applicant’s ability to respond to fires and related hazards, such as the following:
(i) Population served.
(ii) Geographic response area.
(iii) Hazards vulnerability.
(iv) Call volume.
(v) Financial situation, including unemployment rate of the area being served.
(vi) Need for training or equipment.
(2) Applications from nonaffiliated EMS organizations
(3) Awarding fire prevention and safety grants to certain organizations that are not fire departmentsIn the case of applicants for grants under this section who are described in subsection (d)(1)(B), the Administrator of FEMA shall give priority to applicants who focus on—
(A) prevention of injuries to high risk groups from fire; and
(B) research programs that demonstrate a potential to improve firefighter safety.
(4) Awarding grants for fire safety research centers
(A) ConsiderationsIn awarding grants under subsection (d)(1)(C), the Administrator of FEMA shall—
(i) select each grant recipient on—(I) the demonstrated research and extension resources available to the recipient to carry out the research, development, and technology transfer activities;(II) the capability of the recipient to provide leadership in making national contributions to fire safety;(III) the recipient’s ability to disseminate the results of fire safety research; and(IV) the strategic plan the recipient proposes to carry out under the grant;
(ii) give special consideration in selecting recipients under subparagraph (A) 2
2 So in original. Probably should be “clause (i)”.
to an applicant for a grant that consists of a partnership between—(I) a national fire service organization or a national fire safety organization; and(II) an institution of higher education, including a minority-serving institution (as described in section 1067q(a) of title 20); and(iii) consider the research needs identified and prioritized through the workshop required by subparagraph (B)(i).
(B) Research needs
(i) In general
(ii) Publication
(C) Limitations on grants for fire safety research centers
(i) In general
(ii) Recipients
(5) Avoiding duplication
(k) Matching and maintenance of expenditure requirements
(1) Matching requirement for assistance to firefighters grants
(A) In general
(B) Exception for entities serving small communitiesIn the case that an applicant seeking a grant to carry out an activity under subsection (c) serves a jurisdiction of—
(i) more than 20,000 residents but not more than 1,000,000 residents, the application 3
3 So in original. Probably should be “applicant”.
shall agree to make available non-Federal funds in an amount equal to not less than 10 percent of the grant awarded to such applicant under such subsection; and(ii) 20,000 residents or fewer, the applicant shall agree to make available non-Federal funds in an amount equal to not less than 5 percent of the grant awarded to such applicant under such subsection.
(2) Matching requirement for fire prevention and safety grants
(A) In general
(B) Means of matching
(3) Maintenance of expenditures
(4) Waiver
(A) In general
(B) Guidelines
(i) In general
(ii) ConsultationIn developing guidelines under clause (i), the Administrator of FEMA shall consult with individuals who are—(I) recognized for expertise in firefighting, emergency medical services provided by fire services, or the economic affairs of State and local governments; and(II) members of national fire service organizations or national organizations representing the interests of State and local governments.
(iii) ConsiderationsIn developing guidelines under clause (i), the Administrator of FEMA shall consider, with respect to relevant communities, the following:(I) Changes in rates of unemployment from previous years.(II) Whether the rates of unemployment of the relevant communities are currently and have consistently exceeded 4
4 So in original. Probably should be “are currently exceeding and have consistently exceeded”.
the annual national average rates of unemployment.(III) Changes in percentages of individuals eligible to receive food stamps from previous years.(IV) Such other factors as the Administrator of FEMA considers appropriate.(C) Certain applicants for fire prevention and safety grantsThe authority under subparagraph (A) shall not apply with respect to a nonprofit organization that—
(i) is described in subsection (d)(1)(B); and
(ii) is not a fire department or emergency medical services organization.
(l) Grant guidelines
(1) GuidelinesFor each fiscal year, prior to awarding any grants under this section, the Administrator of FEMA shall publish in the Federal Register—
(A) guidelines that describe—
(i) the process for applying for grants under this section; and
(ii) the criteria that will be used for selecting grant recipients; and
(B) an explanation of any differences between such guidelines and the recommendations obtained under paragraph (2).
(2) Annual meeting to obtain recommendations
(A) In generalFor each fiscal year, the Administrator of FEMA shall convene a meeting of qualified members of national fire service organizations and, at the discretion of the Administrator of FEMA, qualified members of emergency medical service organizations to obtain recommendations regarding the following:
(i) Criteria for the awarding of grants under this section.
(ii) Administrative changes to the assistance program established under subsection (b).
(B) Qualified membersFor purposes of this paragraph, a qualified member of an organization is a member who—
(i) is recognized for expertise in firefighting or emergency medical services;
(ii) is not an employee of the Federal Government; and
(iii) in the case of a member of an emergency medical service organization, is a member of an organization that represents—(I) providers of emergency medical services that are affiliated with fire departments; or(II) nonaffiliated EMS providers.
(3) Applicability of chapter 10 of title 5
(m) Accounting determination
(n) Eligible grantee on behalf of Alaska Native villages
(o) Training standards
(p) Ensuring effective use of grants
(1) AuditsThe Administrator of FEMA may audit a recipient of a grant awarded under this section to ensure that—
(A) the grant amounts are expended for the intended purposes; and
(B) the grant recipient complies with the requirements of subsection (k).
(2) Performance assessment
(A) In general
(B) Consultation
(3) Annual reports to Administrator of FEMA
(4) Annual reports to Congress
(A) In generalNot later than September 30, 2013, and each year thereafter through 2017, the Administrator of FEMA shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Science and Technology and the Committee on Transportation and Infrastructure of the House of Representatives a report that provides—
(i) information on the performance assessment system developed under paragraph (2); and
(ii) using the performance metrics developed under such paragraph, an evaluation of the effectiveness of the grants awarded under this section.
(B) Additional information
(q) Authorization of appropriations
(1) In generalThere is authorized to be appropriated to carry out this section—
(A) $750,000,000 for fiscal year 2013; and
(B) for each of fiscal years 2014 through 2023, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which—
(i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds
(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i).
(2) Administrative expenses
(3) Congressionally directed spending
(r) Sunset of authorities
(Pub. L. 93–498, § 33, as added Pub. L. 106–398, § 1 [[div. A]
§ 2229a. Staffing for adequate fire and emergency response
(a) Expanded authority to make grants
(1) Hiring grants
(A) The Administrator of FEMA shall make grants directly to career fire departments, combination fire departments, and volunteer fire departments, in consultation with the chief executive of the State in which the applicant is located, for the purpose of increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments that antedate the creation of the Department of Homeland Security.
(B) Grants made under this paragraph shall be for 3 years and be used for programs to hire new, additional firefighters or to change the status of part-time or paid-on-call (as defined in section 2229(a) of this title) firefighters to full-time firefighters.
(C) In awarding grants under this subsection, the Administrator of FEMA may give preferential consideration to applications that involve a non-Federal contribution exceeding the minimums under subparagraph (E).
(D) The Administrator of FEMA may provide technical assistance to States, units of local government, Indian tribal governments, and to other public entities, in furtherance of the purposes of this section.
(E) The portion of the costs of hiring firefighters provided by a grant under this paragraph may not exceed—
(i) 75 percent in the first year of the grant;
(ii) 75 percent in the second year of the grant; and
(iii) 35 percent in the third year of the grant.
(F) Notwithstanding any other provision of law, any firefighter hired with funds provided under this subsection shall not be discriminated against for, or be prohibited from, engaging in volunteer activities in another jurisdiction during off-duty hours.
(G) All grants made pursuant to this subsection shall be awarded on a competitive basis through a neutral peer review process.
(H) At the beginning of the fiscal year, the Administrator of FEMA shall set aside 10 percent of the funds appropriated for carrying out this paragraph for departments with majority volunteer or all volunteer personnel. After awards have been made, if less than 10 percent of the funds appropriated for carrying out this paragraph are not awarded to departments with majority volunteer or all volunteer personnel, the Administrator of FEMA shall transfer from funds appropriated for carrying out this paragraph to funds available for carrying out paragraph (2) an amount equal to the difference between the amount that is provided to such fire departments and 10 percent.
(2) Recruitment and retention grants
(b) Applications
(1) No grant may be made under this section unless an application has been submitted to, and approved by, the Administrator of FEMA.
(2) An application for a grant under this section shall be submitted in such form, and contain such information, as the Administrator of FEMA may prescribe.
(3) At a minimum, each application for a grant under this section shall—
(A) explain the applicant’s inability to address the need without Federal assistance;
(B) in the case of a grant under subsection (a)(1), explain how the applicant plans to meet the requirements of subsection (a)(1)(F);
(C) specify long-term plans for retaining firefighters following the conclusion of Federal support provided under this section; and
(D) provide assurances that the applicant will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase their ranks within firefighting.
(c) Limitation on use of funds
(1) Funds made available under this section to fire departments for salaries and benefits to hire new, additional firefighters shall not be used to supplant State or local funds, or, in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, but shall be used to increase the amount of funds that would, in the absence of Federal funds received under this section, be made available from State or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs.
(2) No grant shall be awarded pursuant to this section to a municipality or other recipient whose annual budget at the time of the application for fire-related programs and emergency response has been reduced below 80 percent of the average funding level in the 3 years prior to the date of the application for the grant.
(3) Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing firefighting functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this section.
(4) The amount of funding provided under this section to a recipient fire department for hiring a firefighter in any fiscal year may not exceed—
(A) in the first year of the grant, 75 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted;
(B) in the second year of the grant, 75 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted; and
(C) in the third year of the grant, 35 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted.
(d) Waivers
(1) In generalIn a case of demonstrated economic hardship, the Administrator of FEMA may—
(A) waive the requirements of subsection (c)(1); or
(B) waive or reduce the requirements in subsection (a)(1)(E), (c)(2), or (c)(4).
(2) Guidelines
(A) In general
(B) ConsultationIn developing guidelines under subparagraph (A), the Administrator of FEMA shall consult with individuals who are—
(i) recognized for expertise in firefighting, emergency medical services provided by fire services, or the economic affairs of State and local governments; and
(ii) members of national fire service organizations or national organizations representing the interests of State and local governments.
(C) ConsiderationsIn developing guidelines under subparagraph (A), the Administrator of FEMA shall consider, with respect to relevant communities, the following:
(i) Changes in rates of unemployment from previous years.
(ii) Whether the rates of unemployment of the relevant communities are currently and have consistently exceeded 1
1 So in original. Probably should be “are currently exceeding and have consistently exceeded”.
the annual national average rates of unemployment.(iii) Changes in percentages of individuals eligible to receive food stamps from previous years.
(iv) Such other factors as the Administrator of FEMA considers appropriate.
(e) Performance evaluation
(1) In general
(2) Submittal of information
(f) Report
(g) Revocation or suspension of funding
(h) Access to documents
(1) The Administrator of FEMA shall have access for the purpose of audit and examination to any pertinent books, documents, papers, or records of a grant recipient under this section and to the pertinent books, documents, papers, or records of State and local governments, persons, businesses, and other entities that are involved in programs, projects, or activities for which assistance is provided under this section.
(2) Paragraph (1) shall apply with respect to audits and examinations conducted by the Comptroller General of the United States or by an authorized representative of the Comptroller General.
(i) DefinitionsIn this section:
(1) The term “firefighter” has the meaning given the term “employee in fire protection activities” under section 203(y) of title 29.2
2 See References in Text note below.
(2) The terms “Administrator of FEMA”, “career fire department”, “combination fire department”, and “volunteer fire department” have the meanings given such terms in section 2229(a) of this title.
(j) Authorization of appropriations
(1) In generalThere are authorized to be appropriated for the purposes of carrying out this section—
(A) $1,000,000,000 for fiscal year 2004;
(B) $1,030,000,000 for fiscal year 2005;
(C) $1,061,000,000 for fiscal year 2006;
(D) $1,093,000,000 for fiscal year 2007;
(E) $1,126,000,000 for fiscal year 2008;
(F) $1,159,000,000 for fiscal year 2009;
(G) $1,194,000,000 for fiscal year 2010;
(H) $750,000,000 for fiscal year 2013; and
(I) for each of fiscal years 2014 through 2023, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which—
(i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds
(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in subparagraph (A).
(2) Administrative expenses
(3) Congressionally directed spending
(k) Sunset of authorities
(Pub. L. 93–498, § 34, as added Pub. L. 108–136, div. A, title X, § 1057, Nov. 24, 2003, 117 Stat. 1616; amended Pub. L. 112–239, div. A, title XVIII, § 1804, Jan. 2, 2013, 126 Stat. 2111; Pub. L. 113–66, div. A, title X, § 1091(b)(9), Dec. 26, 2013, 127 Stat. 876; Pub. L. 114–255, div. B, title XIV, § 14001(c), Dec. 13, 2016, 130 Stat. 1288; Pub. L. 115–98, § 4, Jan. 3, 2018, 131 Stat. 2240.)
§ 2230. Surplus and excess Federal equipment
The Administrator shall make publicly available, including through the Internet, information on procedures for acquiring surplus and excess equipment or property that may be useful to State and local fire, emergency, and hazardous material handling service providers.
(Pub. L. 93–498, § 35, formerly § 33, as added Pub. L. 106–503, title I, § 105, Nov. 13, 2000, 114 Stat. 2301; renumbered § 35, Pub. L. 108–136, div. A, title X, § 1057, Nov. 24, 2003, 117 Stat. 1616.)
§ 2231. Cooperative agreements with Federal facilities
The Administrator shall make publicly available, including through the Internet, information on procedures for establishing cooperative agreements between State and local fire and emergency services and Federal facilities in their region relating to the provision of fire and emergency services.
(Pub. L. 93–498, § 36, formerly § 34, as added Pub. L. 106–503, title I, § 106, Nov. 13, 2000, 114 Stat. 2301; renumbered § 36, Pub. L. 108–136, div. A, title X, § 1057, Nov. 24, 2003, 117 Stat. 1616.)
§ 2232. Burn research
(a) Office
(b) Safety organization grants
(c) Hospital grants
(d) Other grants
(e) Report
(1) In general
(2) Content
The report shall contain the following:
(A) A list of the organizations, hospitals, or other entities to which the grants were provided and the purpose for which those entities were provided grants.
(B) Efforts taken to ensure that potential grant applicants are provided with information necessary to develop an effective application.
(C) The Administrator’s assessment regarding the appropriate level of funding that should be provided annually through the grant program.
(D) The Administrator’s assessment regarding the appropriate purposes for such grants.
(E) Any other information the Administrator determines necessary.
(3) Submission date
(f) Authorization of appropriations
There are authorized to be appropriated for the purposes of this section amounts as follows:
(1) $10,000,000 for fiscal year 2001.
(2) $20,000,000 for fiscal year 2002.
(Pub. L. 106–398, § 1 [[div. A], title XVII, § 1703], Oct. 30, 2000, 114 Stat. 1654, 1654A–364; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.)
§ 2233. Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies
(a) Liability protection
(b) Exceptions
Subsection (a) does not apply to a person if—
(1) the person’s act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;
(2) the person is the manufacturer of the qualified fire control or rescue equipment; or
(3) the person or agency modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer’s specifications.
(c) Preemption
(d) Definitions
In this section:
(1) Person
(2) Fire control or rescue equipment
(3) Qualified fire control or rescue equipment
(4) State
(5) Volunteer fire company
(6) Authorized technician
(e) Effective date
(Pub. L. 109–177, title I, § 125, Mar. 9, 2006, 120 Stat. 226.)
§ 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.
(Pub. L. 93–498, § 37, as added Pub. L. 110–376, § 7, Oct. 8, 2008, 122 Stat. 4060.)
§ 2235. Investigation authorities
(a) In general
(b) Investigation required
A fire safety investigation conducted under this section—
(1) shall be conducted in coordination and cooperation with appropriate Federal, State, local, Tribal, and territorial authorities, including Federal agencies that are authorized to investigate any fire; and
(2) shall examine the previously determined cause and origin of the fire and assess broader systematic matters to include use of codes and standards, demographics, structural characteristics, smoke and fire dynamics (movement) during the event, and costs of associated injuries and deaths.
(c) Report
(1) In general
Subject to paragraph (2), upon concluding any fire safety investigation under this section, the Administrator shall—
(A) issue a public report to the appropriate Federal, State, local, Tribal, and territorial authorities on the findings of such investigation; or
(B) collaborate with another investigating Federal, State, local, Tribal, or territorial agency on the report of that agency.
(2) Exception
(3) Contents
Each public report issued under paragraph (1) shall include recommendations on—
(A) any other buildings with similar characteristics that may bear similar fire risks;
(B) improving tactical response to similar fires;
(C) improving civilian safety practices;
(D) assessing the costs and benefits to the community of adding fire safety features; and
(E) how to mitigate the causes of the fire.
(d) Discretionary authority
(e) Construction
Nothing in this section shall be construed to—
(1) affect or otherwise diminish the authorities or the mandates vested in other Federal agencies;
(2) grant the Administrator authority to investigate a major fire for the purpose of an enforcement action or criminal prosecution; or
(3) require the Administrator to send investigators or issue a report for a major fire when the Administrator, in coordination and cooperation with the appropriate Federal, State, local, Tribal, and territorial authorities, determine that it may compromise a potential or ongoing criminal investigation.
(f) Major fire defined
(Pub. L. 93–498, § 38, as added Pub. L. 117–246, § 2, Dec. 20, 2022, 136 Stat. 2345.)