15 U.S.C. § 2229a — Staffing for adequate fire and emergency

Page 1818 TITLE 15—COMMERCE AND TRADE § 2229a use of a weapon of mass destruction)’’ after ‘‘emer- gency response’’ in subpar. (B), substituted ‘‘, monitoring, and response to a terrorism incident or use of a weapon of mass destruction’’ for ‘‘and moni- toring’’ in subpar. (H), and inserted ‘‘, including protec- tive equipment to respond to a terrorism incident or the use of a weapon of mass destruction’’ after ‘‘equip- ment for firefighting personnel’’ in subpar. (I). Subsec. (e). Pub. L. 107–107, § 1061(a), reenacted head- ing without change and amended text generally. Prior to amendment, text read as follows: ‘‘There are author- ized 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, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency 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 li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization 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 Pub. 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 Administra- tion, may develop and make widely available an elec- tronic, online training course for members of the fire and emergency response community on matters relat- ing 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). ‘‘(b) REQUIREMENTS.—The Administrator of the Fed- eral Emergency Management Agency shall ensure that any training developed and made available under sub- section (a) is— ‘‘(1) tailored to the financial and time constraints of members of the fire and emergency response com- munity; and ‘‘(2) accessible to all individuals in the career, com- bination, paid-on-call, and volunteer fire and emer- gency 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 EMER- GENCY RESPONSE GRANT PROGRAM Pub. 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 Admin- istrator of the Federal Emergency Management Agen- cy, acting through the Administrator of the United States Fire Administration, shall develop and imple- ment 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). ‘‘(b) ELEMENTS.—The framework required under sub- section (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 ques- tionable costs of grant recipients. ‘‘(5) Such other oversight and monitoring tools as the Administrator of the Federal Emergency Manage- ment Agency considers necessary to mitigate and minimize fraud, waste, abuse, and mismanagement relating to the grant programs described in sub- section (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 appli- cant is located, for the purpose of increasing the number of firefighters to help commu- nities 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 de- partments 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 pref- erential consideration to applications that in- volve a non-Federal contribution exceeding the minimums under subparagraph (E). (D) The Administrator of FEMA may pro- vide 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 fire- fighters provided by a grant under this para- graph 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 discrimi- nated against for, or be prohibited from, en- gaging in volunteer activities in another juris- diction during off-duty hours. (G) All grants made pursuant to this sub- section 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 per- cent 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 Page 1819 TITLE 15—COMMERCE AND TRADE § 2229a 1 So in original. Probably should be ‘‘are currently exceeding and have consistently exceeded’’. paragraph are not awarded to departments with majority volunteer or all volunteer per- sonnel, the Administrator of FEMA shall transfer from funds appropriated for carrying out this paragraph to funds available for car- rying out paragraph (2) an amount equal to the difference between the amount that is pro- vided to such fire departments and 10 percent. (2) Recruitment and retention grants In addition to any amounts transferred under paragraph (1)(H), the Administrator of FEMA shall direct at least 10 percent of the total amount of funds appropriated pursuant to this section annually to a competitive grant program for the recruitment and reten- tion of volunteer firefighters who are involved with or trained in the operations of fire- fighting and emergency response. Eligible en- tities shall include volunteer or combination fire departments, and national, State, local, or tribal organizations that represent the inter- ests of volunteer firefighters. (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 sec- tion shall be submitted in such form, and con- tain 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 ad- dress 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 Fed- eral 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 minor- ity 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 in- crease the amount of funds that would, in the absence of Federal funds received under this sec- tion, be made available from State or local sources, or in the case of Indian tribal govern- ments, from funds supplied by the Bureau of In- dian 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 applica- tion for fire-related programs and emergency re- sponse 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 gov- ernment or the Bureau of Indian Affairs per- forming 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 fire- fighter in that department at the time the grant application was submitted; (B) in the second year of the grant, 75 per- cent 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 fire- fighter in that department at the time the grant application was submitted. (d) Waivers (1) In general In a case of demonstrated economic hard- ship, 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 The Administrator of FEMA shall estab- lish and publish guidelines for determining what constitutes economic hardship for pur- poses of paragraph (1). (B) Consultation In developing guidelines under subpara- graph (A), the Administrator of FEMA shall consult with individuals who are— (i) recognized for expertise in fire- fighting, emergency medical services pro- vided by fire services, or the economic af- fairs of State and local governments; and (ii) members of national fire service or- ganizations or national organizations rep- resenting the interests of State and local governments. (C) Considerations In developing guidelines under subpara- graph (A), the Administrator of FEMA shall consider, with respect to relevant commu- nities, 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 the an- nual national average rates of unemploy- ment. (iii) Changes in percentages of individ- uals eligible to receive food stamps from previous years. (iv) Such other factors as the Adminis- trator of FEMA considers appropriate. (e) Performance evaluation (1) In general The Administrator of FEMA shall establish a performance assessment system, including Page 1820 TITLE 15—COMMERCE AND TRADE § 2229a 2 See References in Text note below. quantifiable performance metrics, to evaluate the extent to which grants awarded under this section are furthering the purposes of this sec- tion. (2) Submittal of information The Administrator of FEMA may require a grant recipient to submit any information the Administrator of FEMA considers reasonably necessary to evaluate the program. (f) Report Not later than September 30, 2014, the Admin- istrator of FEMA shall submit to the Committee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Science and Technology and the Committee on Transportation and Infrastructure of the House of Representatives a report on the experience with, and effectiveness of, such grants in meet- ing the objectives of this section. The report may include any recommendations the Adminis- trator of FEMA may have for amendments to this section and related provisions of law. (g) Revocation or suspension of funding If the Administrator of FEMA determines that a grant recipient under this section is not in substantial compliance with the terms and re- quirements of an approved grant application submitted under this section, the Administrator of FEMA may revoke or suspend funding of that grant, in whole or in part. (h) Access to documents (1) The Administrator of FEMA shall have ac- cess 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, per- sons, businesses, and other entities that are in- volved 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) Definitions In 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) 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 general There 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; and (H) $750,000,000 for each of fiscal years 2024 through 2028. (2) Administrative expenses Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Adminis- trator of FEMA may use not more than 5 per- cent of such amounts to cover salaries and ex- penses and other administrative costs incurred by the Administrator of FEMA to make grants and provide assistance under this section. (3) Congressionally directed spending Consistent with the requirement in sub- section (a) that grants under this section be awarded on a competitive basis, none of the funds appropriated pursuant to this subsection may be used for any congressionally direct spending item (as defined under the rules of the Senate and the House of Representatives). (k) Sunset of authorities The authority to award assistance and grants under this section shall expire on September 30, 2030. (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; Pub. L. 118–67, div. A, § 4, July 9, 2024, 138 Stat. 1447.) Editorial Notes REFERENCES IN TEXT Section 203(y) of title 29, referred to in subsec. (i)(1), was in the original ‘‘section 3(y) of the Fair Labor Standards Act’’ and has been translated as reading ‘‘section 3(y) of the Fair Labor Standards Act of 1938’’ to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 34 of Pub. L. 93–498 was renumbered section 36 and is classified to section 2231 of this title. AMENDMENTS 2024—Subsec. (j)(1)(H). Pub. L. 118–67, § 4(b)(2), sub- stituted ‘‘each of fiscal years 2024 through 2028.’’ for ‘‘fiscal year 2013; and’’. Subsec. (j)(1)(I). Pub. L. 118–67, § 4(b)(1), (3), struck out subpar. (I) which read as follows: ‘‘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, ex- ceeds ‘‘(ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in subparagraph (A).’’ Subsec. (k). Pub. L. 118–67, § 4(a), substituted ‘‘2030’’ for ‘‘2024’’. 2018—Subsec. (a)(1)(B). Pub. L. 115–98, § 4(f), sub- stituted ‘‘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’’ for ‘‘fire- fighters and to provide specialized training to para- medics, emergency medical services workers, and other first responders to recognize individuals who have men- tal illness and how to properly intervene with individ- uals with mental illness, including strategies for verbal de-escalation of crises’’. Page 1821 TITLE 15—COMMERCE AND TRADE § 2232 Subsec. (b)(3)(B). Pub. L. 115–98, § 4(c), substituted ‘‘of subsection (a)(1)(F)’’ for ‘‘of subsection (a)(1)(B)(ii) and (F)’’. Subsec. (c)(2). Pub. L. 115–98, § 4(d), substituted ‘‘prior to the date of the application for the grant’’ for ‘‘prior to November 24, 2003’’. Subsec. (d)(1)(B). Pub. L. 115–98, § 4(e), substituted ‘‘subsection (a)(1)(E), (c)(2), or (c)(4)’’ for ‘‘subsection (a)(1)(E) or subsection (c)(2)’’. Subsec. (j)(1)(I). Pub. L. 115–98, § 4(b), substituted ‘‘2023’’ for ‘‘2017’’ in introductory provisions. Subsec. (k). Pub. L. 115–98, § 4(a), substituted ‘‘Sep- tember 30, 2024’’ for ‘‘the date that is 5 years after Jan- uary 2, 2013’’. 2016—Subsec. (a)(1)(B). Pub. L. 114–255 inserted before period at end ‘‘and to provide specialized training to paramedics, emergency medical services 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 crises’’. 2013—Pub. L. 112–239, § 1804(j), substituted ‘‘Staffing for adequate fire and emergency response’’ for ‘‘Expan- sion of pre-September 11, 2001, fire grant program’’ in section catchline. Pub. L. 112–239, § 1804(i), as amended by Pub. L. 113–66, § 1091(b)(9)(B), substituted ‘‘Administrator of FEMA’’ for ‘‘Administrator’’ wherever appearing, except in those places in which ‘‘Administrator of FEMA’’ al- ready appeared. Subsec. (a)(1)(A). Pub. L. 112–239, § 1804(g)(2), sub- stituted ‘‘career fire departments, combination fire de- partments, and volunteer fire departments’’ for ‘‘ca- reer, volunteer, and combination fire departments’’. Subsec. (a)(1)(B). Pub. L. 112–239, § 1804(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘(B)(i) Grants made under this paragraph shall be for 4 years and be used for programs to hire new, addi- tional firefighters. ‘‘(ii) Grantees are required to commit to retaining for at least 1 year beyond the termination of their grants those firefighters hired under this paragraph.’’ Subsec. (a)(1)(E). Pub. L. 112–239, § 1804(a)(2), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘The portion of the costs of hiring fire- fighters provided by a grant under this paragraph may not exceed— ‘‘(i) 90 percent in the first year of the grant; ‘‘(ii) 80 percent in the second year of the grant; ‘‘(iii) 50 percent in the third year of the grant; and ‘‘(iv) 30 percent in the fourth year of the grant.’’ Subsec. (a)(2). Pub. L. 112–239, § 1804(b), substituted ‘‘national, State, local, or tribal organizations’’ for ‘‘organizations on a local or statewide basis’’. Subsec. (c)(4). Pub. L. 112–239, § 1804(c), amended par. (4) generally. Prior to amendment, par. (4) read as fol- lows: ‘‘(4)(A) Total funding provided under this section over 4 years for hiring a firefighter may not exceed $100,000. ‘‘(B) The $100,000 cap shall be adjusted annually for inflation beginning in fiscal year 2005.’’ Subsec. (d). Pub. L. 112–239, § 1804(d)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 112–239, § 1804(e), added par. (1) and designated existing provisions as par. (2) and inserted heading. Pub. L. 112–239, § 1804(d)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 112–239, § 1804(f), substituted ‘‘Re- port’’ for ‘‘Sunset and reports’’ in heading and ‘‘Not later than September 30, 2014, the Administrator of FEMA shall submit to the Committee on Homeland Se- curity and Governmental Affairs of the Senate and the Committee on Science and Technology and the Com- mittee on Transportation and Infrastructure of the House of Representatives a report on’’ for ‘‘The author- ity under this section to make grants shall lapse at the conclusion of 10 years from November 24, 2003. Not later than 6 years after November 24, 2003, the Administrator shall submit a report to Congress concerning’’ in text. Pub. L. 112–239, § 1804(d)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsecs. (g), (h). Pub. L. 112–239, § 1804(d)(1), redesig- nated subsecs. (f) and (g) as (g) and (h), respectively. Former subsec. (h) redesignated (i). Subsec. (i). Pub. L. 112–239, § 1804(g)(1)(A), substituted ‘‘In this section:’’ for ‘‘In this section, the term—’’ in introductory provisions. Pub. L. 112–239, § 1804(d)(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j). Subsec. (i)(1). Pub. L. 112–239, § 1804(g)(1)(B), inserted ‘‘The term’’ before ‘‘ ‘firefighter’ has’’ and substituted period for ‘‘; and’’. Subsec. (i)(2). Pub. L. 112–239, § 1804(g)(1)(C), (D), added par. (2) and struck out former par. (2) which read as fol- lows: ‘‘ ‘Indian tribe’ means a tribe, band, pueblo, na- tion, or other organized group or community of Indi- ans, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settle- ment Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.’’ Subsec. (j). Pub. L. 112–239, § 1804(h)(2), (3), designated existing provisions as par. (1), inserted heading, redes- ignated former pars. (1) to (9) as subpars. (A) to (I), re- spectively, of par. (1), redesignated subpars. (A) and (B) of former par. (9) as cls. (i) and (ii) of subpar. (I), and added pars. (2) and (3). Pub. L. 112–239, § 1804(d)(1), redesignated subsec. (i) as (j). Subsec. (j)(8), (9). Pub. L. 112–239, § 1804(h)(1), as amended by Pub. L. 113–66, § 1091(b)(9)(A), added pars. (8) and (9). Subsec. (k). Pub. L. 112–239, § 1804(k), added subsec. (k). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113–66, div. A, title X, § 1091(b), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment made by section 1091(b)(9) is effective as of Jan. 2, 2013, and as if included in Pub. L. 112–239 as enacted. § 2230. Surplus and excess Federal equipment The Administrator shall make publicly avail- able, including through the Internet, informa- tion on procedures for acquiring surplus and ex- cess equipment or property that may be useful to State and local fire, emergency, and haz- ardous 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 fa- cilities The Administrator shall make publicly avail- able, including through the Internet, informa- tion 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 The Administrator of the Federal Emergency Management Agency shall establish an office in