    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 2036

    Public Law 108-169
    108th Congress

    An Act

    To reauthorize the United States Fire Administration, and for other
    purposes. [NOTE: Dec. 6, 2003 -  [S. 1152]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    TITLE I--UNITED [NOTE: United States Fire Administration
    Reauthorization Act of 2003.] STATES FIRE ADMINISTRATION
    REAUTHORIZATION

    SEC. 101. [NOTE: 15 USC 2201 note.] SHORT TITLE.

    This title may be cited as the ``United States Fire Administration
    Reauthorization Act of 2003''.
    SEC. 102. [NOTE: 15 USC 2204 note.] RE-ESTABLISHMENT OF POSITION
    OF UNITED STATES FIRE ADMINISTRATOR.

    Section 1513 of the Homeland Security Act of 2002 (6 U.S.C. 553)
    does not apply to the position or office of Administrator of the United
    States Fire Administration, who shall continue to be appointed and
    compensated as provided by section 5(b) of the Federal Fire Prevention
    and Control Act of 1974 (15 U.S.C. 2204(b)).

    SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    Section 17(g)(1) of the Federal Fire Prevention and Control Act of
    1974 (15 U.S.C. 2216(g)) is amended by striking subparagraphs (A)
    through (K) and inserting the following:
    ``(A) $63,000,000 for fiscal year 2005, of which $2,266,000
    shall be used to carry out section 8(f);
    ``(B) $64,850,000 for fiscal year 2006, of which $2,334,000
    shall be used to carry out section 8(f);
    ``(C) $66,796,000 for fiscal year 2007, of which $2,404,000
    shall be used to carry out section 8(f); and
    ``(D) $68,800,000 for fiscal year 2008, of which $2,476,000
    shall be used to carry out section 8(f).''.

    TITLE II--FIREFIGHTING [NOTE: Firefighting Research and Coordination
    Act.] RESEARCH AND COORDINATION

    SEC. 201. [NOTE: 15 USC 2201 note.] SHORT TITLE.

    This title may be cited as the ``Firefighting Research and
    Coordination Act''.

    [[Page 2037]]
    117 STAT. 2037

    SEC. 202. NEW FIREFIGHTING TECHNOLOGY.

    Section 8 of the Federal Fire Prevention and Control Act of 1974 (15
    U.S.C. 2207) is amended--
    (1) by redesignating subsection (e) as subsection (g); and
    (2) by inserting after subsection (d) the following:

    ``(e) Assistance to Other Federal Agencies.--At the request of other
    Federal agencies, including the Department of Agriculture and the
    Department of the Interior, the Administrator may provide assistance in
    fire prevention and control technologies, including methods of
    containing insect-infested forest fires and limiting dispersal of
    resultant fire particle smoke, and methods of measuring and tracking the
    dispersal of fine particle smoke resulting from fires of insect-infested
    fuel.
    ``(f) Technology Evaluation and Standards Development.--
    ``(1) In general.--In addition to, or as part of, the
    program conducted under subsection (a), the Administrator, in
    consultation with the National Institute of Standards and
    Technology, the Inter-Agency Board for Equipment Standardization
    and Inter-Operability, the National Institute for Occupational
    Safety and Health, the Directorate of Science and Technology of
    the Department of Homeland Security, national voluntary
    consensus standards development organizations, interested
    Federal, State, and local agencies, and other interested
    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 [NOTE: Regulations.] for new equipment.--
    (A) The Administrator shall, by regulation, require that new
    equipment or systems purchased through the assistance program
    established by the first section 33 meet or exceed applicable
    voluntary consensus standards for such equipment or systems for
    which applicable voluntary consensus standards have been
    established. The Administrator may waive the requirement under
    this subparagraph with respect to specific standards.

    [[Page 2038]]
    117 STAT. 2038

    ``(B) If an applicant for a grant under the first section 33
    proposes to purchase, with assistance provided under the grant,
    new equipment or systems that do not meet or exceed applicable
    voluntary consensus standards, the applicant shall include in
    the application an explanation of why such equipment or systems
    will serve the needs of the applicant better than equipment or
    systems that do meet or exceed such standards.
    ``(C) In making a determination whether or not to waive the
    requirement under subparagraph (A) with respect to a specific
    standard, the Administrator shall, to the greatest extent
    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.''.

    SEC. 203. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY.

    (a) In General.--Section 10 of the Federal Fire Prevention and
    Control Act of 1974 (15 U.S.C. 2209) is amended--
    (1) by redesignating subsection (b) as subsection (c); and
    (2) by inserting after subsection (a) the following:

    ``(b) Mutual Aid Systems.--
    ``(1) In general.--The Administrator shall provide technical
    assistance and training to State and local fire service
    officials to establish nationwide and State mutual aid systems
    for dealing with national emergencies that--
    ``(A) include threat assessment and equipment
    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.--The Administrator shall
    develop and make available to State and local fire service
    officials model mutual aid plans for both intrastate and
    interstate assistance.''.

    (b) Report on Strategic Needs.--Within [NOTE: Deadline.] 90 days
    after the date of enactment of this Act, the Administrator of the United
    States Fire Administration shall report to the Senate Committee on
    Commerce, Science, and Transportation and the House of Representatives
    Committee on Science on the need for a strategy concerning deployment of
    volunteers and emergency response personnel (as defined in section 6 of
    the Firefighters' Safety Study Act (15

    [[Page 2039]]
    117 STAT. 2039

    U.S.C. 2223e)), including a national credentialing system, in the event
    of a national emergency.
    (c) Report on Federal Response Plan.--Within [NOTE: Deadline.] 180
    days after the date of enactment of this Act, the Department of Homeland
    Security shall transmit a report to the Senate Committee on Commerce,
    Science, and Transportation, the Senate Committee on Governmental
    Affairs, and the House of Representatives Committee on Science
    describing plans for revisions to the Federal Response Plan and its
    integration into the National Response Plan, including how the revised
    plan will address response to terrorist attacks, particularly in urban
    areas, including fire detection and suppression and related emergency
    services.

    SEC. 204. TRAINING.

    (a) In General.--Section 7(d)(1) of the Federal Fire Prevention and
    Control Act of 1974 (15 U.S.C. 2206(d)(1)) is amended--
    (1) by striking ``and'' after the semicolon in subparagraph
    (E);
    (2) by redesignating subparagraph (F) as subparagraph (N);
    and
    (3) by inserting after subparagraph (E) the following:
    ``(F) strategies for building collapse rescue;
    ``(G) the use of technology in response to fires,
    including terrorist incidents and other national
    emergencies;
    ``(H) response, tactics, and strategies for dealing
    with terrorist-caused national catastrophes;
    ``(I) use of and familiarity with the Federal
    Response Plan;
    ``(J) leadership and strategic skills, including
    integrated management systems operations and integrated
    response;
    ``(K) applying new technology and developing
    strategies and tactics for fighting forest fires;
    ``(L) integrating the activities of terrorism
    response agencies into national terrorism incident
    response systems;
    ``(M) response tactics and strategies for fighting
    fires at United States ports, including fires on the
    water and aboard vessels; and''.

    (b) Consultation [NOTE: 15 USC 2206 note.] on Fire Academy
    Classes.--The Superintendent of the National Fire Academy may consult
    with other Federal, State, and local agency officials in developing
    curricula for classes offered by the Academy.

    (c) Coordination [NOTE: 15 USC 2206 note.] With Other Programs To
    Avoid Duplication.--The Administrator of the United States Fire
    Administration shall coordinate training provided under section 7(d)(1)
    of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
    2206(d)(1)) with the Attorney General, the Secretary of Health and Human
    Services, and the heads of other Federal agencies--
    (1) to ensure that such training does not duplicate existing
    courses available to fire service personnel; and
    (2) to establish a mechanism for eliminating duplicative
    training programs.

    (d) Courses and Training Assistance.--Section 7(l) of the Federal
    Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(l)) is amended
    by adding at the end the following: ``The Superintendent shall offer, at
    the Academy and at other sites, courses and training assistance as
    necessary to accommodate all geographic regions and needs of career and
    volunteer firefighters.''.

    [[Page 2040]]
    117 STAT. 2040

    SEC. 205. FIREFIGHTER ASSISTANCE GRANTS PROGRAM.

    (a) Administration.--The first section 33 of the Federal Fire
    Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended--
    (1) by striking subsection (b)(2) and inserting the
    following:
    ``(2) Administrative assistance.--The Director shall
    establish specific criteria for the selection of recipients of
    assistance under this section and shall provide grant-writing
    assistance to applicants.''; and
    (2) by striking ``operate the office established under
    subsection (b)(2) and'' in subsection (e)(2).

    (b) Maritime Firefighting.--Subsection (b)(3)(B) of the first
    section 33 of the Federal Fire Prevention and Control Act of 1974 (15
    U.S.C. 2229(b)(3)(B)) is amended by inserting ``maritime firefighting,''
    after ``arson prevention and detection,''.
    (c) Firefighting in Remote Areas.--The first section 33 of the
    Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is
    amended--
    (1) by inserting ``equipment for fighting fires with foam in
    remote areas without access to water, and'' after ``including''
    in subsection (b)(3)(H); and
    (2) by inserting ``Of the amounts authorized in this
    paragraph, $3,000,000 shall be made available each year through
    fiscal year 2008 for foam firefighting equipment.'' at the end
    of subsection (e)(1).

    SEC. 206. NATIONAL FALLEN FIREFIGHTERS FOUNDATION.

    (a) Members.--Section 151303(b) of title 36, United States Code, is
    amended--
    (1) by striking ``9'' in paragraph (2) and inserting ``12'';
    (2) by striking ``six'' in subparagraph (D) of paragraph (2)
    and inserting ``nine''; and
    (3) by striking ``3 members'' in paragraph (3) and inserting
    ``4 members''.

    (b) Compensation.--Section 151304(b)(3) of title 36, United States
    Code, is amended by inserting ``15 percent above'' after ``more than''.

    [[Page 2041]]
    117 STAT. 2041

    (c) Period of Authorized Assistance.--Section 151307 of title 36,
    United States Code, is amended in subsection (a)(1), by striking
    ``During the 10-year period beginning on the date of the enactment of
    the Fire Administration Authorization Act of 2000, the'' and inserting
    ``The''.

    Approved December 6, 2003.

    LEGISLATIVE HISTORY--S. 1152 (H.R. 2692):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-245 accompanying H.R. 2692 (Comm. on Science).
    SENATE REPORTS: No. 108-126 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Nov. 20, considered and passed Senate.
    Nov. 21, considered and passed House.