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15 U.S.C. § 2229 — Firefighter assistance

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15 U.S.C. § 2229 — Firefighter assistance

Page 1811 TITLE 15—COMMERCE AND TRADE § 2229 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. § 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) Definitions In this section: (1) Administrator of FEMA The term ‘‘Administrator of FEMA’’ means the Administrator of FEMA, acting through the Administrator. (2) Available grant funds The term ‘‘available grant funds’’, with re- spect to a fiscal year, means those funds ap- propriated pursuant to the authorization of appropriations in subsection (q)(1) for such fis- cal year less any funds used for administrative costs pursuant to subsection (q)(2) in such fis- cal year. (3) Career fire department The term ‘‘career fire department’’ means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. (4) Combination fire department The term ‘

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Page 1811 TITLE 15—COMMERCE AND TRADE § 2229 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. § 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) Definitions In this section: (1) Administrator of FEMA The term ‘‘Administrator of FEMA’’ means the Administrator of FEMA, acting through the Administrator. (2) Available grant funds The term ‘‘available grant funds’’, with re- spect to a fiscal year, means those funds ap- propriated pursuant to the authorization of appropriations in subsection (q)(1) for such fis- cal year less any funds used for administrative costs pursuant to subsection (q)(2) in such fis- cal year. (3) Career fire department The term ‘‘career fire department’’ means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. (4) Combination fire department The term ‘‘combination fire department’’ means a fire department that has— (A) paid firefighting personnel; and (B) volunteer firefighting personnel. (5) Firefighting personnel The term ‘‘firefighting personnel’’ means in- dividuals, including volunteers, who are fire- fighters, officers of fire departments, or emer- gency medical service personnel of fire depart- ments. (6) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given such term in section 1001 of title 20. (7) Nonaffiliated EMS organization The term ‘‘nonaffiliated EMS organization’’ means a public or private nonprofit emergency medical services organization that is not af- filiated with a hospital and does not serve a geographic area in which the Administrator of FEMA finds that emergency medical services are adequately provided by a fire department. (8) Paid-on-call The term ‘‘paid-on-call’’ with respect to fire- fighting personnel means firefighting per- sonnel who are paid a stipend for each event to which they respond. (9) Volunteer fire department The term ‘‘volunteer fire department’’ means a fire department that has an all-volun- teer force of firefighting personnel. (b) Assistance program (1) Authority In accordance with this section, the Admin- istrator 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 assistance The Administrator of FEMA shall— (A) establish specific criteria for the selec- tion 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 general The Administrator of FEMA may, in con- sultation 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 pub- lic 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) Population The Administrator of FEMA may not award a grant under this subsection in ex- cess 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 peo- ple but not more than 500,000 people, the amount of the grant awarded to such re- cipient 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 peo- Page 1812 TITLE 15—COMMERCE AND TRADE § 2229 1 So in original. ple but not more than 2,500,000 people, the amount of the grant awarded to such re- cipient 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 peo- ple, the amount of the grant awarded to such recipient shall not exceed $9,000,000 in any fiscal year. (B) Aggregate (i) In general Notwithstanding subparagraphs (A) and (B) 1 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 avail- able grant funds in such fiscal year. (ii) Exception The Administrator of FEMA may waive the limitation in clause (i) with respect to a grant recipient if the Administrator of FEMA determines that such recipient has an extraordinary need for a grant in an amount that exceeds the limit under clause (i). (3) Use of grant funds Each entity receiving a grant under this sub- section 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 re- sponse to natural disasters, acts of ter- rorism, 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 pro- vide any of the training described under sub- paragraph (A). (C) To fund the creation of rapid interven- tion 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 pro- grams for firefighting personnel to ensure that the firefighting personnel are able to carry out their duties as firefighters, includ- ing 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 non- affiliated EMS organizations. (G) To acquire additional firefighting vehi- cles, including fire trucks and other appa- ratus. (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 re- sponse to a natural disaster, act of ter- rorism, or other man-made disaster, in- cluding the use of a weapon of mass de- struction. (I) To acquire personal protective equip- ment, including personal protective equip- ment— (i) prescribed for firefighting personnel by the Occupational Safety and Health Ad- ministration of the Department of Labor; or (ii) for responding to a natural disaster or act of terrorism or other man-made dis- aster, 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 pre- vention and detection. (L) To provide incentives for the recruit- ment and retention of volunteer firefighting personnel for volunteer firefighting depart- ments and other firefighting departments that utilize volunteers. (M) To support such other activities, con- sistent with the purposes of this subsection, as the Administrator of FEMA determines appropriate. (N) To provide specialized training to fire- fighters, paramedics, emergency medical service workers, and other first responders to recognize individuals who have mental ill- ness and how to properly intervene with in- dividuals with mental illness, including strategies for verbal de-escalation of crisis. (d) Fire prevention and safety grants (1) In general For the purpose of assisting fire prevention programs and supporting firefighter health and safety research and development, the Ad- ministrator of FEMA may, on a competitive basis— (A) award grants to fire departments; (B) award grants to, or enter into con- tracts or cooperative agreements with, na- tional, State, local, tribal, or nonprofit orga- nizations 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 fire- fighter 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 organiza- tions, or national fire safety organizations to establish and operate fire safety research centers. (2) Maximum grant amount A grant awarded under this subsection may not exceed $1,500,000 for a fiscal year. Page 1813 TITLE 15—COMMERCE AND TRADE § 2229 (3) Use of grant funds Each entity receiving a grant under this sub- section shall use the grant for one or more of the following purposes: (A) To enforce fire codes and promote com- pliance with fire safety standards. (B) To fund fire prevention programs, in- cluding programs that educate the public about arson prevention and detection. (C) To fund wildland fire prevention pro- grams, 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 tech- nology transfer activities. (E) To support such other activities, con- sistent with the purposes of this subsection, as the Administrator of FEMA determines appropriate. (4) Limitation None of the funds made available under this subsection may be provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations. (e) Applications for grants (1) In general An entity seeking a grant under this section shall submit to the Administrator of FEMA an application therefor in such form and in such manner as the Administrator of FEMA deter- mines appropriate. (2) Elements Each 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 sys- tem for the period covered by the grant. (D) A list of other sources of funding re- ceived by the applicant— (i) for the same purpose for which the ap- plication 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 Admin- istrator of FEMA determines appropriate. (3) Joint or regional applications (A) In general Two or more entities may submit an appli- cation under paragraph (1) for a grant under this section to fund a joint program or ini- tiative, including acquisition of shared equipment or vehicles. (B) Nonexclusivity Applications under this paragraph may be submitted instead of or in addition to any other application submitted under para- graph (1). (C) Guidance The Administrator of FEMA shall— (i) publish guidance on applying for and administering grants awarded for joint programs and initiatives described in sub- paragraph (A); and (ii) encourage applicants to apply for grants for joint programs and initiatives described in subparagraph (A) as the Ad- ministrator of FEMA determines appro- priate to achieve greater cost effectiveness and regional efficiency. (f) Peer review of grant applications (1) In general The Administrator of FEMA shall, after con- sultation with national fire service and emer- gency medical services organizations, appoint fire service personnel to conduct peer reviews of applications received under subsection (e)(1). (2) Applicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to ac- tivities carried out pursuant to this sub- section. (g) Prioritization of grant awards In awarding grants under this section, the Ad- ministrator of FEMA shall consider the fol- lowing: (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 re- ducing 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 pro- tect the United States as a whole. (4) The number of calls requesting or requir- ing a fire fighting or emergency medical re- sponse received by an applicant. (h) Allocation of grant awards In awarding grants under this section, the Ad- ministrator 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 depart- ments; (2) not less than 25 percent are awarded under subsection (c) to volunteer fire depart- ments; (3) not less than 25 percent are awarded under subsection (c) to combination fire de- partments and fire departments using paid-on- call firefighting personnel; (4) not less than 10 percent are available for open competition among career fire depart- ments, volunteer fire departments, combina- tion 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 orga- nizations described in subsection (c)(1)(B). Page 1814 TITLE 15—COMMERCE AND TRADE § 2229 2 So in original. Probably should be ‘‘clause (i)’’. (i) Additional requirements and limitations (1) Funding for emergency medical services Not less than 3.5 percent of the available grant funds for a fiscal year shall be awarded under this section for purposes described in subsection (c)(3)(F). (2) State fire training academies (A) Maximum share Not more than 3 percent of the available grant funds for a fiscal year may be awarded under subsection (c)(1)(C). (B) Maximum grant amount The Administrator of FEMA may not award a grant under subsection (c)(1)(C) to a State fire training academy in an amount that exceeds $1,000,000 in any fiscal year. (3) Amounts for purchasing firefighting vehi- cles Not more than 25 percent of the available grant funds for a fiscal year may be used to as- sist grant recipients to purchase vehicles pur- suant to subsection (c)(3)(G). (j) Further considerations (1) Assistance to firefighters grants to fire de- partments In 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 appli- cant 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 unem- ployment rate of the area being served. (vi) Need for training or equipment. (2) Applications from nonaffiliated EMS orga- nizations In the case of an application submitted under subsection (e)(1) by a nonaffiliated EMS organization, the Administrator of FEMA shall consider the extent to which other sources of Federal funding are available to the applicant to provide the assistance requested in such application. (3) Awarding fire prevention and safety grants to certain organizations that are not fire departments In 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) Considerations In awarding grants under subsection (d)(1)(C), the Administrator of FEMA shall— (i) select each grant recipient on— (I) the demonstrated research and ex- tension resources available to the recipi- ent to carry out the research, develop- ment, 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 dissemi- nate 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 select- ing recipients under subparagraph (A) 2 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 identi- fied and prioritized through the workshop required by subparagraph (B)(i). (B) Research needs (i) In general Not later than 90 days after January 2, 2013, the Administrator of FEMA shall convene a workshop of the fire safety re- search community, fire service organiza- tions, and other appropriate stakeholders to identify and prioritize fire safety re- search needs. (ii) Publication The Administrator of FEMA shall ensure that the results of the workshop are made available to the public. (C) Limitations on grants for fire safety re- search centers (i) In general The Administrator of FEMA may award grants under subsection (d) to establish not more than 3 fire safety research cen- ters. (ii) Recipients An institution of higher education, a na- tional fire service organization, and a na- tional fire safety organization may not di- rectly receive a grant under subsection (d) for a fiscal year for more than 1 fire safety research center. (5) Avoiding duplication The Administrator of FEMA shall review lists submitted by applicants pursuant to sub- section (e)(2)(D) and take such actions as the Administrator of FEMA considers necessary to prevent unnecessary duplication of grant awards. Page 1815 TITLE 15—COMMERCE AND TRADE § 2229 3 So in original. Probably should be ‘‘applicant’’. 4 So in original. Probably should be ‘‘are currently exceeding and have consistently exceeded’’. (k) Matching and maintenance of expenditure re- quirements (1) Matching requirement for assistance to fire- fighters grants (A) In general Except as provided in subparagraph (B), an applicant seeking a grant to carry out an ac- tivity under subsection (c) shall agree to make available non-Federal funds to carry out such activity in an amount equal to not less than 15 percent of the grant awarded to such applicant under such subsection. (B) Exception for entities serving small com- munities In the case that an applicant seeking a grant to carry out an activity under sub- section (c) serves a jurisdiction of— (i) more than 20,000 residents but not more than 1,000,000 residents, the applica- tion 3 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 appli- cant 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 An applicant seeking a grant to carry out an activity under subsection (d) shall agree to make available non-Federal funds to carry out such activity in an amount equal to not less than 5 percent of the grant awarded to such applicant under such sub- section. (B) Means of matching An applicant for a grant under subsection (d) may meet the matching requirement under subparagraph (A) through direct fund- ing, funding of complementary activities, or the provision of staff, facilities, services, material, or equipment. (3) Maintenance of expenditures An applicant seeking a grant under sub- section (c) or (d) shall agree to maintain dur- ing the term of the grant the applicant’s ag- gregate expenditures relating to the uses de- scribed in subsections (c)(3) and (d)(3) at not less than 80 percent of the average amount of such expenditures in the 2 fiscal years pre- ceding the fiscal year in which the grant amounts are received. (4) Waiver (A) In general Except as provided in subparagraph (C)(ii), the Administrator of FEMA may waive or reduce the requirements of paragraphs (1), (2), and (3) in cases of demonstrated eco- nomic hardship. (B) Guidelines (i) In general The Administrator of FEMA shall estab- lish and publish guidelines for determining what constitutes economic hardship for purposes of this paragraph. (ii) Consultation In developing guidelines under clause (i), the Administrator of FEMA shall consult with individuals who are— (I) recognized for expertise in fire- fighting, emergency medical services provided by fire services, or the eco- nomic affairs of State and local govern- ments; and (II) members of national fire service organizations or national organizations representing the interests of State and local governments. (iii) Considerations In 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 unemploy- ment of the relevant communities are currently and have consistently exceed- ed 4 the annual national average rates of unemployment. (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. (C) Certain applicants for fire prevention and safety grants The 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 emer- gency medical services organization. (l) Grant guidelines (1) Guidelines For each fiscal year, prior to awarding any grants under this section, the Administrator of FEMA shall publish in the Federal Reg- ister— (A) guidelines that describe— (i) the process for applying for grants under this section; and (ii) the criteria that will be used for se- lecting grant recipients; and (B) an explanation of any differences be- tween such guidelines and the recommenda- tions obtained under paragraph (2). (2) Annual meeting to obtain recommendations (A) In general For each fiscal year, the Administrator of FEMA shall convene a meeting of qualified Page 1816 TITLE 15—COMMERCE AND TRADE § 2229 members of national fire service organiza- tions and, at the discretion of the Adminis- trator of FEMA, qualified members of emer- gency medical service organizations to ob- tain recommendations regarding the fol- lowing: (i) Criteria for the awarding of grants under this section. (ii) Administrative changes to the assist- ance program established under subsection (b). (B) Qualified members For purposes of this paragraph, a qualified member of an organization is a member who— (i) is recognized for expertise in fire- fighting or emergency medical services; (ii) is not an employee of the Federal Government; and (iii) in the case of a member of an emer- gency medical service organization, is a member of an organization that rep- resents— (I) providers of emergency medical services that are affiliated with fire de- partments; or (II) nonaffiliated EMS providers. (3) Applicability of chapter 10 of title 5 Chapter 10 of title 5 shall not apply to ac- tivities carried out under this subsection. (m) Accounting determination Notwithstanding any other provision of law, for purposes of this section, equipment costs shall include all costs attributable to any de- sign, purchase of components, assembly, manu- facture, and transportation of equipment not otherwise commercially available. (n) Eligible grantee on behalf of Alaska Native villages The Alaska Village Initiatives, a non-profit organization incorporated in the State of Alas- ka, shall be eligible to apply for and receive a grant or other assistance under this section on behalf of Alaska Native villages. (o) Training standards If an applicant for a grant under this section is applying for such grant to purchase training that does not meet or exceed any applicable na- tional voluntary consensus standards, including those developed under section 747 of title 6, the applicant shall submit to the Administrator of FEMA an explanation of the reasons that the training proposed to be purchased will serve the needs of the applicant better than training that meets or exceeds such standards. (p) Ensuring effective use of grants (1) Audits The Administrator of FEMA may audit a re- cipient 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 The Administrator of FEMA shall develop and implement a performance assessment system, including quantifiable performance metrics, to evaluate the extent to which grants awarded under this section are fur- thering the purposes of this section, includ- ing protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards. (B) Consultation The Administrator of FEMA shall consult with fire service representatives and with the Comptroller General of the United States in developing the assessment system required by subparagraph (A). (3) Annual reports to Administrator of FEMA Not less frequently than once each year dur- ing the term of a grant awarded under this section, the recipient of the grant shall submit to the Administrator of FEMA an annual re- port describing how the recipient used the grant amounts. (4) Annual reports to Congress (A) In general Not later than September 30, 2013, and each year thereafter through 2017, the Ad- ministrator of FEMA shall submit to the Committee on Homeland Security and Gov- ernmental Affairs of the Senate and the Committee on Science and Technology and the Committee on Transportation and Infra- structure of the House of Representatives a report that provides— (i) information on the performance as- sessment system developed under para- graph (2); and (ii) using the performance metrics devel- oped under such paragraph, an evaluation of the effectiveness of the grants awarded under this section. (B) Additional information The report due under subparagraph (A) on September 30, 2016, shall also include rec- ommendations for legislative changes to im- prove grants under this section. (q) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $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 for salaries and expenses and other administrative costs incurred by the Administrator of FEMA in the course of awarding grants and providing assistance under this section. (3) Congressionally directed spending Consistent with the requirements in sub- sections (c)(1) and (d)(1) that grants under those subsections be awarded on a competitive basis, none of the funds appropriated pursuant to this subsection may be used for any con- gressionally directed spending item (as defined under the rules of the Senate and the House of Representatives). Page 1817 TITLE 15—COMMERCE AND TRADE § 2229 (r) Sunset of authorities The authority to award assistance and grants under this section shall expire on September 30, 2030. (Pub. L. 93–498, § 33, as added Pub. L. 106–398, § 1 [[div. A], title XVII, § 1701(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–360; amended Pub. L. 107–107, div. A, title X, § 1061, Dec. 28, 2001, 115 Stat. 1231; Pub. L. 108–7, div. K, title IV, § 421, Feb. 20, 2003, 117 Stat. 526; Pub. L. 108–169, title II, § 205, Dec. 6, 2003, 117 Stat. 2040; Pub. L. 108–375, div. C, title XXXVI, § 3602, Oct. 28, 2004, 118 Stat. 2195; Pub. L. 112–239, div. A, title XVIII, § 1803, Jan. 2, 2013, 126 Stat. 2100; Pub. L. 115–98, § 3, Jan. 3, 2018, 131 Stat. 2239; Pub. L. 117–286, § 4(a)(68), Dec. 27, 2022, 136 Stat. 4313; Pub. L. 118–67, div. A, § 3, July 9, 2024, 138 Stat. 1447.) Editorial Notes CODIFICATION Another section 33 of Pub. L. 93–498 was renumbered section 35 and is classified to section 2230 of this title. AMENDMENTS 2024—Subsec. (q)(1). Pub. L. 118–67, § 3(b), substituted ‘‘to carry out this section $750,000,000 for each of fiscal years 2024 through 2028’’ for ‘‘to carry out this section— ’’ and subpars. (A) and (B) which related to amount of appropriations authorized for 2013 to 2023. Subsec. (r). Pub. L. 118–67, § 3(a), substituted ‘‘2030’’ for ‘‘2024’’. 2022—Subsec. (f)(2). Pub. L. 117–286, § 4(a)(68)(A), sub- stituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. Subsec. (l)(3). Pub. L. 117–286, § 4(a)(68)(B), substituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Com- mittee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. 2018—Subsec. (c)(3)(N). Pub. L. 115–98, § 3(c), added subpar. (N). Subsec. (q)(1)(B). Pub. L. 115–98, § 3(b), substituted ‘‘2023’’ for ‘‘2017’’ in introductory provisions. Subsec. (r). Pub. L. 115–98, § 3(a), substituted ‘‘Sep- tember 30, 2024’’ for ‘‘the date that is 5 years after Jan- uary 2, 2013’’. 2013—Pub. L. 112–239 amended section generally. Prior to amendment, section authorized grants for firefighter assistance. 2004—Subsec. (b)(1)(A). Pub. L. 108–375, § 3602(1), in- serted ‘‘throughout the Nation’’ after ‘‘personnel’’ and struck out ‘‘and’’ at end. Subsec. (b)(1)(B). Pub. L. 108–375, § 3602(2), inserted ‘‘and firefighter safety research and development’’ after ‘‘fire prevention’’ and substituted ‘‘; and’’ for pe- riod at end. Subsec. (b)(1)(C). Pub. L. 108–375, § 3602(3), added sub- par. (C). Subsec. (b)(3)(F). Pub. L. 108–375, § 3602(4), inserted ‘‘and nonaffiliated EMS organizations’’ after ‘‘fire de- partments’’. Subsec. (b)(4). Pub. L. 108–375, § 3602(5)(A), inserted ‘‘and firefighter safety research and development’’ after ‘‘prevention’’ in heading. Subsec. (b)(4)(A)(ii). Pub. L. 108–375, § 3602(5)(B), in- serted ‘‘that are not fire departments and’’ after ‘‘com- munity organizations’’, ‘‘and firefighter research and development programs,’’ after ‘‘fire safety programs and activities,’’, and ‘‘and research to improve fire- fighter health and life safety’’ after ‘‘fire prevention programs’’. Subsec. (b)(4)(B). Pub. L. 108–375, § 3602(5)(C), sub- stituted ‘‘to high risk groups from fire, as well as re- search programs that demonstrate the potential to im- prove firefighter safety’’ for ‘‘to children from fire’’. Subsec. (b)(4)(C). Pub. L. 108–375, § 3602(5)(D), added subpar. (C). Subsec. (b)(5)(B)(iv), (v). Pub. L. 108–375, § 3602(6), added cl. (iv) and redesignated former cl. (iv) as (v). Subsec. (b)(6). Pub. 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 ORGANIZA- TIONS.—In the case of an applicant whose personnel serve jurisdictions of 50,000 or fewer residents, the per- cent applied under the matching requirement of sub- paragraph (A) shall be 10 percent.’’ Subsec. (b)(10)(A). Pub. L. 108–375, § 3602(8)(A), amend- ed heading 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. (b)(10)(B) to (F). Pub. L. 108–375, § 3602(8)(B)–(D), redesignated subpar. (B) as (C) and added new subpars. (B) and (D) to (F). Subsec. (b)(13) to (17). Pub. L. 108–375, § 3602(9), added pars. (13) to (17). Subsec. (d). Pub. L. 108–375, § 3602(10), amended head- ing and text of subsec. (d) generally. Prior to amend- ment, text read as follows: ‘‘In this section, the term ‘State’ includes the District of Columbia and the Com- monwealth of Puerto Rico.’’ Subsec. (e)(1). Pub. L. 108–375, § 3602(11), substituted ‘‘There are authorized to be appropriated for the pur- poses 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. (b)(2). Pub. L. 108–169, § 205(a)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: ‘‘(A) ESTABLISHMENT.—Before providing assistance under paragraph (1), the Director shall establish an of- fice 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. (b)(3)(B). Pub. L. 108–169, § 205(b), inserted ‘‘maritime firefighting,’’ after ‘‘arson prevention and detection,’’. Subsec. (b)(3)(H). Pub. L. 108–169, § 205(c)(1), inserted ‘‘equipment for fighting fires with foam in remote areas without access to water, and’’ after ‘‘including’’. Subsec. (b)(12). Pub. L. 108–7 added par. (12). Subsec. (e)(1). Pub. 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 fis- cal year 2008 for foam firefighting equipment.’’ Subsec. (e)(2). Pub. L. 108–169, § 205(a)(2), struck out ‘‘operate the office established under subsection (b)(2) of this section and’’ before ‘‘make grants and provide assistance under this section.’’ 2001—Subsec. (b)(3). Pub. L. 107–107, § 1061(b), (c), sub- stituted ‘‘the grant funds for one or more of the fol- lowing purposes:’’ for ‘‘the grant funds—’’ in introduc- tory 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), in- serted ‘‘(including response to a terrorism incident or 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

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2229 — Firefighter assistance

**(a) Definitions** In this section: (1) **Administrator of FEMA** — The term “Administrator of FEMA” means the Administrator of FEMA, acting through the Administrator. (2) **Available grant funds** — The term “available grant funds”, with respect to a fiscal year, means those funds appropriated pursuant to the authorization of appropriations in subsection (q)(1) for such fiscal year less any funds used for administrative costs pursuant to subsection (q)(2) in such fiscal year. (3) **Career fire department** — The term “career fire department” means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. (4) **Combination fire department** — The term “combination fire department” means a fire department that has— (A) paid firefighting personnel; and (B) volunteer firefighting personnel. (5) **Firefighting personnel** — The term “firefighting personnel” means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. (6) **Institution of higher education** — The term “institution of higher education” has the meaning given such term in [section 1001 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim). (7) **Nonaffiliated EMS organization** — The term “nonaffiliated EMS organization” means a public or private nonprofit emergency medical services organization that is not affiliated with a hospital and does not serve a geographic area in which the Administrator of FEMA finds that emergency medical services are adequately provided by a fire department. (8) **Paid-on-call** — The term “paid-on-call” with respect to firefighting personnel means firefighting perso

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2229

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.