To amend the Federal Fire Prevention and Control Act of 1974 to provide financial assistance for the improvement of the health and safety of firefighters, promote the use of life saving technologies, achieve greater equity for departments serving large jurisdictions, and for other purposes.

May 11, 2004

Mr. DODD (for himself, Mr. DEWINE, Mr. DASCHLE, Mr. MCCAIN, Mr. HOLLINGS, Mr. WARNER, Mr. LEVIN, Ms. COLLINS, Mr. SARBANES, Mr. SPECTER, Mr. BIDEN, Ms. SNOWE, Mr. KENNEDY, Mr. GRAHAM of South Carolina, Mr. ROCKEFELLER, Mr. SMITH, Mr. HARKIN, Mr. GREGG, Mr. LIEBERMAN, Mr. JEFFORDS, Mr. DURBIN, Ms. MIKULSKI, Mr. BAUCUS, Mr. SCHUMER, Mr. REID, Mrs. CLINTON, Mr. INOUYE, Mr. LEAHY, Mr. JOHNSON, Mr. KERRY, Mr. BINGAMAN, Mr. LAUTENBERG, Mr. CORZINE, Mr. REED, Mr. CARPER, and Mr. DAYTON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To amend the Federal Fire Prevention and Control Act of 1974 to provide financial assistance for the improvement of the health and safety of firefighters, promote the use of life saving technologies, achieve greater equity for departments serving large jurisdictions, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Assistance to Firefighters Act of 2004'.

SEC. 2. AUTHORITY OF SECRETARY OF HOMELAND SECURITY FOR FIREFIGHTER ASSISTANCE PROGRAM.

(a) IN GENERAL- Subsection (b)(1) of section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended by striking `Director' in the matter preceding subparagraph (A) and inserting `Secretary of Homeland Security, in consultation with the Administrator,'.

(b) CONFORMING AMENDMENT- Such section is further amended by striking `Director' each place it appears and inserting `Secretary of Homeland Security'.

(c) TECHNICAL AMENDMENT- The heading of subsection (b)(8) of such section is amended by striking `DIRECTOR' and inserting `SECRETARY'.

SEC. 3. GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE ORGANIZATIONS.

(a) AUTHORITY TO AWARD GRANTS TO VOLUNTEER EMERGENCY MEDICAL SERVICE SQUADS- Paragraph (1)(A) of section 33(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended by inserting `or to volunteer emergency medical service organizations' after `fire departments'.

(b) USE OF GRANT FUNDS- Paragraph (3)(F) of such section is amended by inserting `or volunteer emergency medical service organizations that are not affiliated with a for-profit entity' after `fire departments'.

(c) SPECIAL RULE FOR APPLICATIONS FOR VOLUNTEER EMERGENCY MEDICAL SERVICES- Paragraph (5) of such section is amended by adding at the end, the following new subparagraph:

`(C) SPECIAL RULE FOR VOLUNTEER EMERGENCY MEDICAL SERVICES- The Secretary of Homeland Security shall permit an applicant seeking grant funds for volunteer emergency medical services under paragraph (3)(F) to use the same application form to seek grant funds for one or more of the other purposes set out in subparagraphs (A) through (O) of paragraph (3).'.

SEC. 4. GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR DEVICES.

Paragraph (3) of section 33(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended by adding at the end the following new subparagraph:

`(O) To obtain automated external defibrillator devices.'.

SEC. 5. CRITERIA FOR REVIEWING GRANT APPLICATIONS.

Paragraph (2) of section 33(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended to read as follows:

`(2) CRITERIA AND REVIEW OF APPLICATIONS-

`(A) PRELIMINARY REVIEW CRITERIA-

`(i) IN GENERAL- The Secretary of Homeland Security shall establish specific criteria for the preliminary review of an application submitted under this section. If an application does not meet such criteria, the application may not receive further consideration for a grant under this section.

`(ii) ANNUAL REVIEW OF CRITERIA- Not less often than once each year, the Secretary of Homeland Security, in consultation with the Administrator, shall convene a meeting of individuals who are members of a fire service and are recognized for expertise in firefighting or in emergency medical services provided by fire services, and who are not employees of the Federal Government for the purpose of

reviewing and proposing changes to the criteria established under clause (i).

`(B) SELECTION THROUGH REVIEW BY EXPERTS-

`(i) REQUIREMENT FOR REVIEW- The Secretary of Homeland Security shall award grants under this section based on the review of applications for such grants by a panel of fire service personnel appointed by a national organization recognized for expertise in the operation and administration of fire services.

`(ii) ROLE OF THE SECRETARY- The Secretary of Homeland Security shall provide for the administration of the review panel described in clause (i) and shall ensure that an individual appointed to such panel is a recognized expert in firefighting, medical services provided by fire services, fire prevention, or research on firefighter safety.'.

SEC. 6. FINANCIAL ASSISTANCE FOR FIREFIGHTER SAFETY PROGRAMS.

(a) AUTHORITY- Paragraph (1)(B) of section 33(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended by inserting `and firefighter safety' after `prevention'.

(b) EXPANSION OF EXISTING PROGRAM-

(1) FIREFIGHTER SAFETY ASSISTANCE- Paragraph (4) of such section is amended--

(A) in subparagraph (A)(ii), by striking `organizations that are recognized' and all that follows and inserting `organizations eligible under subparagraph (B) for the purposes described in subparagraph (C).'; and

(B) by striking subparagraph (B), and inserting the following new subparagraphs:

`(B) ELIGIBILITY FOR ASSISTANCE- An organization may be eligible for assistance under subparagraph (A)(ii), if such organization is a national, State, local, or community organization that is not a fire service and that is recognized for experience and expertise with respect to programs and activities that promote--

`(i) fire prevention or fire safety; or

`(ii) the health and safety of firefighting personnel.

`(C) USE OF FUNDS- Assistance provided under subparagraph (A)(ii) shall be used--

`(i) to carry out fire prevention programs; or

`(ii) to fund research to improve the health and safety of firefighting personnel.

`(D) PRIORITY- In selecting organizations described in subparagraph (B) to receive assistance under this paragraph, the Secretary of Homeland Security shall give priority--

`(i) to organizations that focus on preventing injuries from fire to members of groups at high risk of such injuries, with an emphasis on children; and

`(ii) to organizations that focus on researching methods to improve the health and safety of firefighting personnel.

`(E) ALLOCATION OF FUNDS- Not less than 66 percent of the total amount of funds made available in a fiscal year to carry out this paragraph shall be made available of the programs described in subparagraph (A)(ii).'.

(2) CONFORMING AMENDMENT- The heading of such paragraph is amended to read as follows:

`(4) FIRE PREVENTION AND FIREFIGHTER SAFETY PROGRAMS- '.

(c) AVAILABILITY OF FUNDS FOR FIRE PREVENTION AND FIREFIGHTER SAFETY PROGRAMS- Paragraph (4)(A) of such section, as amended by subsection (b), is further amended in the matter preceding clause (i), by striking `5 percent' and inserting `6 percent'.

SEC. 7. ASSISTANCE FOR APPLICATIONS.

Paragraph (5) of section 33(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)), as amended by section 3(c), is further amended by adding at the end the following new subparagraph:

`(D) ASSISTANCE TO PREPARE AN APPLICATION- The Secretary of Homeland Security shall provide assistance with the preparation of applications for grants under this section.'.

SEC. 8. REDUCED REQUIREMENTS FOR MATCHING FUNDS.

(a) AMOUNT REQUIRED- Paragraph (6) of section 33(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)) is amended by striking subparagraphs (A) and (B) and inserting the following:

`(A) IN GENERAL- Subject to subparagraphs (B) and (C), the Secretary of Homeland Security may provide assistance under this subsection only if the applicant for such assistance agrees to match 20 percent of such assistance

for any fiscal year with an equal amount of non-Federal funds.

`(B) REQUIREMENT FOR SMALL COMMUNITY ORGANIZATIONS- In the case of an applicant whose personnel--

`(i) serve jurisdictions of 50,000 or fewer residents, the percent applied under the matching requirement of subparagraph (A) shall be 10 percent; or

`(ii) serve jurisdictions of 20,000 or fewer residents, the percent applied under the matching requirement of subparagraph (A) shall be 5 percent.'.

(b) EXCEPTION- Such paragraph, as amended by subsection (a), is further amended by adding at the end the following new subparagraph:

`(C) EXCEPTION- No matching funds may be required under this subsection for assistance provided under subparagraph (A)(ii) of paragraph (4) to an organization described in subparagraph (B) of such paragraph.'.

(c) SPECIAL RULE FOR REQUESTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR DEVICES- Section 33(b) of such Act is further amended by adding at the end the following new paragraph:

`(13) SPECIAL RULES FOR GRANTS FOR AUTOMATED EXTERNAL DEFIBRILLATOR DEVICES-

`(A) LIMITATIONS- The Secretary of Homeland Security shall reduce the percentage of non-Federal matching funds for a grant as described in subparagraph (B) if--

`(i) the applicant is requesting grant funds to obtain one or more automated external defibrillator devices, as authorized by paragraph (3)(O);

`(ii) the award of such grant will result in the applicant possessing exactly one such device for each first-due emergency vehicle operated by the applicant;

`(iii) the applicant certifies to the Secretary of Homeland Security that the applicant possesses, at the time such application is filed, a number of such devices that is less than the number of first-due emergency vehicles operated by the applicant and that the applicant is capable of storing, in a manner conducive to rapid use, such devices on each such vehicle; and

`(iv) the applicant has not previously received a grant under this subsection to obtain such devices.

`(B) MATCHING REQUIREMENTS- If an applicant meets the criteria set out in clauses (i), (ii), (iii), and (iv) of subparagraph (A), the Secretary of Homeland Security shall reduce the percentage of non-Federal matching funds required by paragraph (6) by 2 percentage points for all assistance requested in the application submitted by such applicant.

`(C) FIRST-DUE DEFINED- In this paragraph, the term `first-due' means the firefighting and emergency medical services vehicles that are utilized by a fire service for immediate response to an emergency situation.'.

SEC. 9. GRANT RECIPIENT LIMITATIONS.

(a) LIMITATIONS ON GRANT AMOUNTS- Subparagraph (A) of section 33(b)(10) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(10)) is amended to read as follows:

`(A) LIMITATIONS ON GRANT AMOUNT-

`(i) GENERAL LIMITATION- Subject to clause (ii), a recipient of assistance under this section may not receive in a fiscal year an amount of such assistance that exceeds the greater of $2,250,000 or the amount equal to 0.5 percent of the total amount of funds appropriated for such assistance for such fiscal year.

`(ii) LIMITATIONS ON BASIS OF POPULATION- Subject to clause (iii), a recipient of assistance under this section that serves a jurisdiction of less than 1,000,000 individuals may not receive more than $1,500,000 of such assistance for a fiscal year, except that such a recipient that serves a jurisdiction of less than 500,000 individuals may not receive more than $1,000,000 of such assistance during a fiscal year.

`(iii) WAIVER- With respect to assistance provided in a fiscal year before fiscal year 2007, the Secretary of Homeland Security, in consultation with the Administrator, may waive the limitations set out in clause (ii) if the Secretary determines that a waiver is warranted by an extraordinary need for assistance for fire suppression activities by a jurisdiction, whether such need

is caused by the likelihood of terrorist attack, natural disaster, destructive fires occurring over a large geographic area, or some other cause.'.

(b) LIMITATIONS ON GRANTS FOR VOLUNTEER EMERGENCY MEDICAL SERVICES- Such section, as amended by subsection (a), is further amended by adding at the end the following new subparagraph:

`(C) LIMITATIONS ON EXPENDITURES FOR VOLUNTEER EMERGENCY MEDICAL SERVICES- Not more than 3.5 percent of the funds appropriated to provide grants under this section for a fiscal year may be awarded to volunteer emergency medical service organizations.'.

SEC. 10. OTHER CONSIDERATIONS.

Section 33(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)), as amended by section 8, is amended by adding at the end the following new paragraph:

`(14) OTHER CONSIDERATIONS- In providing assistance under this section, the Secretary of Homeland Security shall--

`(A) consider the extent to which the recipient of such assistance is able to enhance the daily operations of a fire service and to improve the protection of people and property from fire; and

`(B) ensure that such assistance awarded to a volunteer emergency medical service organization will not be used to provide emergency medical services in a geographic area if such services are adequately provided by a fire service in such area.'.

SEC. 11. REPORTS TO CONGRESS.

(a) STUDY AND REPORT ON ASSISTANCE TO FIREFIGHTERS-

(1) STUDY- The Secretary, in conjunction with the National Fire Protection Association, shall conduct a study--

(A) to assess the types of activities that are carried out by fire services;

(B) to determine whether the level of Federal funding made available to fire services is adequate;

(C) to assess categories of services, including emergency medical services, that are not adequately provided by fire services on either the national or State level; and

(D) to measure the effect, if any, of the assistance provided under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) on the needs of fire services identified in the report submitted to Congress under section 1701(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-363).

(2) REPORT- Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the findings of the study described in paragraph (1).

(b) REPORT BY GAO- Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on--

(1) the administration of the assistance provided under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229); and

(2) the success of the Secretary in administering the Federal Emergency Management Agency.

(c) REPORT ON WAIVER OF AMOUNT LIMITATIONS- Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the instances, if any, of the use of the waiver authority set out in section 33(b)(10)(A)(iii) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(10)(A)(iii)), as added by section 9.

(d) DEFINITIONS- In this section:

(1) FIRE SERVICE- The term `fire service' has the meaning given that term in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203).

(2) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.

SEC. 12. TECHNICAL CORRECTIONS.

(a) REPEAL OF DUPLICATIVE DEFINITION- Subsection (d) of section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is repealed.

(b) REDESIGNATIONS NECESSITATED BY DUPLICATIVE NUMBERING- The sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2230 and 2231) that were added by sections 105 and 106 of Public Law 106-503 (114 Stat. 2301) are redesignated as sections 34 and 35, respectively.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

(a) FIREFIGHTER ASSISTANCE PROGRAMS- Section 33(e) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(e)) is amended by striking the first sentence and inserting `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 2010.'.

(b) STUDY ON ASSISTANCE TO FIREFIGHTERS- There are authorized to be appropriated to the Secretary of Homeland Security $300,000 for fiscal year 2005 to carry out the requirements of section 11(a).

END