[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

122 STAT. 4056

Public Law 110-376
110th Congress

An Act


 
To reauthorize the United States Fire Administration, and for other
purposes. [NOTE: Oct. 8, 2008 -  [S. 2606]]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress [NOTE: United States
Fire Administration Reauthorization Act of 2008.] assembled,
SECTION 1. [NOTE: 15 USC 2201 note.] SHORT TITLE.

This subtitle may be cited as the ``United States Fire
Administration Reauthorization Act of 2008''.
SEC. 2. [NOTE: 15 USC 2201 note.] FINDINGS.

Congress makes the following findings:
(1) The number of lives lost each year because of fire has
dropped significantly over the last 25 years in the United
States. However, the United States still has one of the highest
fire death rates in the industrialized world. In 2006, the
National Fire Protection Association reported 3,245 civilian
fire deaths, 16,400 civilian fire injuries, and $11,307,000,000
in direct losses due to fire.
(2) Every year, more than 100 firefighters die in the line
of duty. The United States Fire Administration should continue
its leadership to help local fire agencies dramatically reduce
these fatalities.
(3) The Federal Government should continue to work with
State and local governments and the fire service community to
further the promotion of national voluntary consensus standards
that increase firefighter safety.
(4) The United States Fire Administration provides crucial
support to the 30,300 fire departments of the United States
through training, emergency incident data collection, fire
awareness and education, and support of research and development
activities for fire prevention, control, and suppression
technologies.
(5) The collection of data on fire and other emergency
incidents is a vital tool both for policy makers and emergency
responders to identify and develop responses to emerging
hazards. Improving the data collection capabilities of the
United States Fire Administration is essential for accurately
tracking and responding to the magnitude and nature of the fire
problems of the United States.
(6) The research and development performed by the National
Institute of Standards and Technology, the United States Fire
Administration, other government agencies, and nongovernmental
organizations on fire technologies, techniques, and tools
advance the capabilities of the fire service of the United
States to suppress and prevent fires.

[[Page 4057]]
122 STAT. 4057

(7) Because of the essential role of the United States Fire
Administration and the fire service community in preparing for
and responding to national and man-made disasters, the United
States Fire Administration should have a prominent place within
the Federal Emergency Management Agency and the Department of
Homeland Security.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES FIRE
ADMINISTRATION.

Section 17(g)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding after subparagraph (D) the following:
``(E) $70,000,000 for fiscal year 2009, of which
$2,520,000 shall be used to carry out section 8(f);
``(F) $72,100,000 for fiscal year 2010, of which
$2,595,600 shall be used to carry out section 8(f);
``(G) $74,263,000 for fiscal year 2011, of which
$2,673,468 shall be used to carry out section 8(f); and
``(H) $76,490,890 for fiscal year 2012, of which
$2,753,672 shall be used to carry out section 8(f).''.
SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS AND
REPORTS.

(a) Amendments to Fire Academy Training.--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 amending subparagraph (H) to read as follows:
``(H) tactics and strategies for dealing with
natural disasters, acts of terrorism, and other man-made
disasters;'';
(2) in subparagraph (K), by striking ``forest'' and
inserting ``wildland'';
(3) in subparagraph (M), by striking ``response'';
(4) by redesignating subparagraphs (I) through (N) as
subparagraphs (M) through (R), respectively; and
(5) by inserting after subparagraph (H) the following:
``(I) tactics and strategies for fighting large-
scale fires or multiple fires in a general area that
cross jurisdictional boundaries;
``(J) tactics and strategies for fighting fires
occurring at the wildland-urban interface;
``(K) tactics and strategies for fighting fires
involving hazardous materials;
``(L) advanced emergency medical services
training;''.

(b) On-Site Training.--Section 7 of such Act (15 U.S.C. 2206) is
amended--
(1) in subsection (c)(6), by inserting ``, including on-site
training'' after ``United States'';
(2) in subsection (f), by striking ``4 percent'' and
inserting ``7.5 percent''; and
(3) by adding at the end the following:

``(m) On-Site Training.--
``(1) In general.--Except as provided in paragraph (2), the
Administrator may enter into a contract with nationally

[[Page 4058]]
122 STAT. 4058

recognized organizations that have established on-site training
programs that comply with national voluntary consensus standards
for fire service personnel to facilitate the delivery of the
education and training programs outlined in subsection (d)(1)
directly to fire service personnel.
``(2) Limitation.--
``(A) In general.--The Administrator may not enter
into a contract with an organization described in
paragraph (1) unless such organization provides training
that--
``(i) leads to certification by a program that
is accredited by a nationally recognized
accreditation organization; or
``(ii) the Administrator determines is of
equivalent quality to a fire service training
program described by clause (i).
``(B) Approval of unaccredited fire service training
programs.--The Administrator may consider the fact that
an organization has provided a satisfactory fire service
training program pursuant to a cooperative agreement
with a Federal agency as evidence that such program is
of equivalent quality to a fire service training program
described by subparagraph (A)(i).
``(3) Restriction on use of funds.--The amounts expended by
the Administrator to carry out this subsection in any fiscal
year shall not exceed 7.5 per centum of the amount authorized to
be appropriated in such fiscal year pursuant to section 17.''.

(c) Triennial Reports.--Such section 7 (15 U.S.C. 2206) is further
amended by adding at the end the following:
``(n) Triennial Report.--In the first annual report filed pursuant
to section 16 for which the deadline for filing is after the expiration
of the 18-month period that begins on the date of the enactment of the
United States Fire Administration Reauthorization Act of 2008, and in
every third annual report thereafter, the Administrator shall include
information about changes made to the National Fire Academy curriculum,
including--
``(1) the basis for such changes, including a review of the
incorporation of lessons learned by emergency response personnel
after significant emergency events and emergency preparedness
exercises performed under the National Exercise Program; and
``(2) the desired training outcome of all such changes.''.

(d) Report on Feasibility of Providing Incident Command Training for
Fires at Ports and in Marine Environments.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the United States
Fire Administration shall submit to Congress a report on the
feasibility of providing training in incident command for
appropriate fire service personnel for fires at United States
ports and in marine environments, including fires on the water
and aboard vessels.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the necessary curriculum for
training described in paragraph (1).
(B) A description of existing training programs
related to incident command in port and maritime
environments,

[[Page 4059]]
122 STAT. 4059

including by other Federal agencies, and the feasibility
and estimated cost of making such training available to
appropriate fire service personnel.
(C) An assessment of the feasibility and
advisability of the United States Fire Administration
developing such a training course in incident command
for appropriate fire service personnel for fires at
United States ports and in marine environments,
including fires on the water and aboard vessels.
(D) A description of the delivery options for such a
course and the estimated cost to the United States Fire
Administration for developing such a course and
providing such training for appropriate fire service
personnel.
SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES.

(a) Incident Reporting System Database.--Section 9 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by
adding at the end the following:
``(d) National Fire Incident Reporting System Update.--
``(1) In general.--The Administrator shall update the
National Fire Incident Reporting System to ensure that the
information in the system is available, and can be updated,
through the Internet and in real time.
``(2) Limitation.--Of the amounts made available pursuant to
subparagraphs (E), (F), and (G) of section 17(g)(1), the
Administrator shall use not more than an aggregate amount of
$5,000,000 during the 3-year period consisting of fiscal years
2009, 2010, and 2011 to carry out the activities required by
paragraph (1).''.

(b) Technical Correction.--Section 9(b)(2) of such Act (15 U.S.C.
2208(b)(2)) is amended by striking ``assist State,'' and inserting
``assist Federal, State,''.
SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND RESEARCH DISSEMINATION.

(a) Assistance to Fire Services for Fire Prevention and Control in
Wildland-Urban Interface.--Section 8(d) of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2207(d)) is amended to read as
follows:
``(d) Rural and Wildland-Urban Interface Assistance.--The
Administrator may, in coordination with the Secretary of Agriculture,
the Secretary of the Interior, and the Wildland Fire Leadership Council,
assist the fire services of the United States, directly or through
contracts, grants, or other forms of assistance, in sponsoring and
encouraging research into approaches, techniques, systems, equipment,
and land-use policies to improve fire prevention and control in--
``(1) the rural and remote areas of the United States; and
``(2) the wildland-urban interface.''.

(b) Technology Research Dissemination.--Section 8 of such Act (15
U.S.C. 2207) is amended by adding at the end the following:
``(h) Publication of Research Results.--
``(1) In general.-- [NOTE: Public information. Web
site.] For each fire-related research program funded by the
Administration, the Administrator shall make available to the
public on the Internet website of the Administration the
following:
``(A) A description of such research program,
including the scope, methodology, and goals thereof.

[[Page 4060]]
122 STAT. 4060

``(B) Information that identifies the individuals or
institutions conducting the research program.
``(C) The amount of funding provided by the
Administration for such program.
``(D) The results or findings of the research
program.
``(2) Deadlines.--
``(A) In general.--Except as provided in
subparagraph (B), the information required by paragraph
(1) shall be published with respect to a research
program as follows:
``(i) The information described in
subparagraphs (A), (B), and (C) of paragraph (1)
with respect to such research program shall be
made available under paragraph (1) not later than
30 days after the Administrator has awarded the
funding for such research program.
``(ii) The information described in
subparagraph (D) of paragraph (1) with respect to
a research program shall be made available under
paragraph (1) not later than 60 days after the
date such research program has been completed.
``(B) Exception.--No information shall be required
to be published under this subsection before the date
that is 1 year after the date of the enactment of the
United States Fire Administration Reauthorization Act of
2008.''.
SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH
AND SAFETY.

The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by adding at the end the following:
``SEC. 37. [NOTE: 15 USC 2234.]  ENCOURAGING ADOPTION OF
STANDARDS FOR FIREFIGHTER HEALTH AND SAFETY.

``The Administrator shall promote adoption by fire services of
national voluntary consensus standards for firefighter health and
safety, including such standards for firefighter operations, training,
staffing, and fitness, by--
``(1) educating fire services about such standards;
``(2) encouraging the adoption at all levels of government
of such standards; and
``(3) making recommendations on other ways in which the
Federal Government can promote the adoption of such standards by
fire services.''.
SEC. 8. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT NATIONAL
OPERATIONS CENTER.

Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 321d) is
amended by adding at the end the following:
``(c) State and Local Fire Service Representation.--
``(1) Establishment of position.--The Secretary shall, in
consultation with the Administrator of the United States Fire
Administration, establish a fire service position at the
National Operations Center established under subsection (b) to
ensure the effective sharing of information between the Federal
Government and State and local fire services.
``(2) Designation of position.--The Secretary shall
designate, on a rotating basis, a State or local fire service
official for the position described in paragraph (1).

[[Page 4061]]
122 STAT. 4061

``(3) Management.--The Secretary shall manage the position
established pursuant to paragraph (1) in accordance with such
rules, regulations, and practices as govern other similar
rotating positions at the National Operations Center.''.
SEC. 9. COORDINATION REGARDING FIRE PREVENTION AND CONTROL AND
EMERGENCY MEDICAL SERVICES.

(a) In General.--Section 21(e) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2218(e)) is amended to read as follows:
``(e) Coordination.--
``(1) In general.--To the extent practicable, the
Administrator shall use existing programs, data, information,
and facilities already available in other Federal Government
departments and agencies and, where appropriate, existing
research organizations, centers, and universities.
``(2) Coordination of fire prevention and control
programs.--The Administrator shall provide liaison at an
appropriate organizational level to assure coordination of the
activities of the Administrator with Federal, State, and local
government agencies and departments and nongovernmental
organizations concerned with any matter related to programs of
fire prevention and control.
``(3) Coordination of emergency medical services programs.--
The Administrator shall provide liaison at an appropriate
organizational level to assure coordination of the activities of
the Administrator related to emergency medical services provided
by fire service-based systems with Federal, State, and local
government agencies and departments and nongovernmental
organizations so concerned, as well as those entities concerned
with emergency medical services generally.''.

(b) Fire Service-Based Emergency Medical Services Best Practices.--
Section 8(c) of such Act (15 U.S.C. 2207(c)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:

``(2) The Administrator is authorized to conduct, directly or
through contracts or grants, studies of the operations and management
aspects of fire service-based emergency medical services and
coordination between emergency medical services and fire services. Such
studies may include the optimum protocols for on-scene care, the
allocation of resources, and the training requirements for fire service-
based emergency medical services.''.
SEC. 10. AMENDMENTS TO DEFINITIONS.

Section 4 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2203) is amended--
(1) in paragraph (3), by striking ``Administration'' and
inserting ``Administration, within the Federal Emergency
Management Agency'';
(2) in paragraph (7), by striking the ``and'' after the
semicolon;
(3) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:

[[Page 4062]]
122 STAT. 4062

``(9) `wildland-urban interface' has the meaning given such
term in section 101 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6511).''.
SEC. 11. SUPPORTING THE ADOPTION OF FIRE SPRINKLERS.

Congress supports the recommendations of the United States Fire
Administration regarding the adoption of fire sprinklers in commercial
buildings and educational programs to raise awareness of the important
of installing fire sprinklers in residential buildings.

Approved October 8, 2008.

LEGISLATIVE HISTORY--S. 2606 (H.R. 4847):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-559 accompanying H.R. 4847 (Comm. on Science and
Technology).
SENATE REPORTS: No. 110-411 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 18, considered and passed Senate.
Sept. 22, 24, considered and passed House.