15 USC 2229 - Firefighter assistance

1 So in original.

and except as provided under clause (ii), the Administrator of FEMA may not award a grant under this subsection in a fiscal year in an amount that exceeds the amount that is one percent of the available grant funds in such fiscal year.

2 So in original. Probably should be “clause (i)”.

to an applicant for a grant that consists of a partnership between—

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

4 So in original. Probably should be “are currently exceeding and have consistently exceeded”.

the annual national average rates of unemployment.

Editorial Notes

Codification

Another section 33 of Puspan. L. 93–498 was renumbered section 35 and is classified to section 2230 of this title.

Amendments

2022—Subsec. (f)(2). Puspan. L. 117–286, § 4(a)(68)(A), substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in span and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

Subsec. (l)(3). Puspan. L. 117–286, § 4(a)(68)(B), substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in span and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.

2018—Subsec. (c)(3)(N). Puspan. L. 115–98, § 3(c), added subpar. (N).

Subsec. (q)(1)(B). Puspan. L. 115–98, § 3(span), substituted “2023” for “2017” in introductory provisions.

Subsec. (r). Puspan. L. 115–98, § 3(a), substituted “September 30, 2024” for “the date that is 5 years after January 2, 2013”.

2013—Puspan. L. 112–239 amended section generally. Prior to amendment, section authorized grants for firefighter assistance.

2004—Subsec. (span)(1)(A). Puspan. L. 108–375, § 3602(1), inserted “throughout the Nation” after “personnel” and struck out “and” at end.

Subsec. (span)(1)(B). Puspan. L. 108–375, § 3602(2), inserted “and firefighter safety research and development” after “fire prevention” and substituted “; and” for period at end.

Subsec. (span)(1)(C). Puspan. L. 108–375, § 3602(3), added subpar. (C).

Subsec. (span)(3)(F). Puspan. L. 108–375, § 3602(4), inserted “and nonaffiliated EMS organizations” after “fire departments”.

Subsec. (span)(4). Puspan. L. 108–375, § 3602(5)(A), inserted “and firefighter safety research and development” after “prevention” in span.

Subsec. (span)(4)(A)(ii). Puspan. L. 108–375, § 3602(5)(B), inserted “that are not fire departments and” after “community organizations”, “and firefighter research and development programs,” after “fire safety programs and activities,”, and “and research to improve firefighter health and life safety” after “fire prevention programs”.

Subsec. (span)(4)(B). Puspan. L. 108–375, § 3602(5)(C), substituted “to high risk groups from fire, as well as research programs that demonstrate the potential to improve firefighter safety” for “to children from fire”.

Subsec. (span)(4)(C). Puspan. L. 108–375, § 3602(5)(D), added subpar. (C).

Subsec. (span)(5)(B)(iv), (v). Puspan. L. 108–375, § 3602(6), added cl. (iv) and redesignated former cl. (iv) as (v).

Subsec. (span)(6). Puspan. L. 108–375, § 3602(7), added subpars. (A) to (C) and struck out former subpars. (A) and (B) which read as follows:

“(A) In general.—Subject to subparagraph (B), the Director may provide assistance under this subsection only if the applicant for the assistance agrees to match with an equal amount of non-Federal funds 30 percent of the assistance received under this subsection for any fiscal year.

“(B) Requirement for small community organizations.—In the case of an applicant whose personnel serve jurisdictions of 50,000 or fewer residents, the percent applied under the matching requirement of subparagraph (A) shall be 10 percent.”

Subsec. (span)(10)(A). Puspan. L. 108–375, § 3602(8)(A), amended span and text of subpar. (A) generally. Prior to amendment, text read as follows: “A grant recipient under this section may not receive more than $750,000 under this section for any fiscal year.”

Subsec. (span)(10)(B) to (F). Puspan. L. 108–375, § 3602(8)(B)–(D), redesignated subpar. (B) as (C) and added new subpars. (B) and (D) to (F).

Subsec. (span)(13) to (17). Puspan. L. 108–375, § 3602(9), added pars. (13) to (17).

Subsec. (d). Puspan. L. 108–375, § 3602(10), amended span and text of subsec. (d) generally. Prior to amendment, text read as follows: “In this section, the term ‘State’ includes the District of Columbia and the Commonwealth of Puerto Rico.”

Subsec. (e)(1). Puspan. L. 108–375, § 3602(11), substituted “There are authorized to be appropriated for the purposes of this section $900,000,000 for fiscal year 2005, $950,000,000 for fiscal year 2006, and $1,000,000,000 for each of the fiscal years 2007 through 2009.” for “There are authorized to be appropriated $900,000,000 for each of the fiscal years 2002 through 2004 for the purposes of this section.”

2003—Subsec. (span)(2). Puspan. L. 108–169, § 205(a)(1), added par. (2) and struck out span and text of former par. (2). Text read as follows:

“(A) Establishment.—Before providing assistance under paragraph (1), the Director shall establish an office in the Federal Emergency Management Agency to administer the assistance under this section.

“(B) Included duties.—The duties of the office shall include the following:

“(i) Recipient selection criteria.—To establish specific criteria for the selection of recipients of the assistance under this section.

“(ii) Grant-writing assistance.—To provide grant-writing assistance to applicants.”

Subsec. (span)(3)(B). Puspan. L. 108–169, § 205(span), inserted “maritime firefighting,” after “arson prevention and detection,”.

Subsec. (span)(3)(H). Puspan. L. 108–169, § 205(c)(1), inserted “equipment for fighting fires with foam in remote areas without access to water, and” after “including”.

Subsec. (span)(12). Puspan. L. 108–7 added par. (12).

Subsec. (e)(1). Puspan. L. 108–169, § 205(c)(2), inserted at end “Of the amounts authorized in this paragraph, $3,000,000 shall be made available each year through fiscal year 2008 for foam firefighting equipment.”

Subsec. (e)(2). Puspan. L. 108–169, § 205(a)(2), struck out “operate the office established under subsection (span)(2) of this section and” before “make grants and provide assistance under this section.”

2001—Subsec. (span)(3). Puspan. L. 107–107, § 1061(span), (c), substituted “the grant funds for one or more of the following purposes:” for “the grant funds—” in introductory provisions, capitalized the initial letter of the first word of each of subpars. (A) to (N), substituted a period for the semicolon at end of each of subpars. (A) to (L) and a period for “; or” at end of subpar. (M), inserted “(including response to a terrorism incident or use of a weapon of mass destruction)” after “emergency response” in subpar. (B), substituted “, monitoring, and response to a terrorism incident or use of a weapon of mass destruction” for “and monitoring” in subpar. (H), and inserted “, including protective equipment to respond to a terrorism incident or the use of a weapon of mass destruction” after “equipment for firefighting personnel” in subpar. (I).

Subsec. (e). Puspan. L. 107–107, § 1061(a), reenacted span without change and amended text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated for the purposes of this section amounts as follows:

“(1) $100,000,000 for fiscal year 2001.

“(2) $300,000,000 for fiscal year 2002.”

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Training on Administration of Fire Grant Programs

Puspan. L. 115–98, § 5, Jan. 3, 2018, 131 Stat. 2240, provided that:

“(a)In General.—The Administrator of the Federal Emergency Management Agency, acting through the Administrator of the United States Fire Administration, may develop and make widely available an electronic, online training course for members of the fire and emergency response community on matters relating to the administration of grants under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a).

“(span)Requirements.—The Administrator of the Federal Emergency Management Agency shall ensure that any training developed and made available under subsection (a) is—

“(1) tailored to the financial and time constraints of members of the fire and emergency response community; and

“(2) accessible to all individuals in the career, combination, paid-on-call, and volunteer fire and emergency response community.”

Framework for Oversight and Monitoring of the Assistance to Firefighters Grants Program, the Fire Prevention and Safety Grants Program, and the Staffing for Adequate Fire and Emergency Response Grant Program

Puspan. L. 115–98, § 6, Jan. 3, 2018, 131 Stat. 2241, provided that:

“(a)Framework.—Not later than 90 days after the date of enactment of this Act [Jan. 3, 2018], the Administrator of the Federal Emergency Management Agency, acting through the Administrator of the United States Fire Administration, shall develop and implement a grant monitoring and oversight framework to mitigate and minimize risks of fraud, waste, abuse, and mismanagement relating to the grants programs under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a).

“(span)Elements.—The framework required under subsection (a) shall include the following:

“(1) Developing standardized guidance and training for all participants in the grant programs described in subsection (a).

“(2) Conducting regular risk assessments.

“(3) Conducting desk reviews and site visits.

“(4) Enforcement actions to recoup potential questionable costs of grant recipients.

“(5) Such other oversight and monitoring tools as the Administrator of the Federal Emergency Management Agency considers necessary to mitigate and minimize fraud, waste, abuse, and mismanagement relating to the grant programs described in subsection (a).”