AMENDMENTS TO FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974.

SEC. 3602. AMENDMENTS TO FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974. Section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended—(1) in subsection (b)(1)(A)—(A) by inserting “throughout the Nation” after “personnel”; and118 STAT. 2196(B) by striking “and” at the end;(2) in subsection (b)(1)(B)—(A) by inserting “and firefighter safety research and development” after “fire prevention”; and(B) by striking the period and inserting “; and”;(3) by adding at the end of subsection (b)(1) the following new subparagraph:“(C) provide assistance for nonaffiliated EMS organizations for the purpose of paragraph (3)(F).”;(4) in subsection (b)(3)(F), by inserting “and nonaffiliated EMS organizations” after “fire departments”;(5) in subsection (b)(4)—(A) by inserting “and firefighter safety research and development” after “prevention” in the paragraph heading;(B) in subparagraph (A)(ii)—(i) by inserting “that are not fire departments and” after “community organizations”;(ii) by inserting “and firefighter research and development programs,” after “fire safety programs and activities,”; and(iii) by inserting “and research to improve firefighter health and life safety” after “fire prevention programs”;(C) in subparagraph (B), by striking “to children from fire” and inserting “to high risk groups from fire, as well as research programs that demonstrate the potential to improve firefighter safety”; and(D) by adding at the end the following new subparagraph:“(C) Grant limitation.—A grant under this paragraph shall not be greater than $1,000,000 for a fiscal year.”;(6) in subsection (b)(5)(B)—(A) by redesignating clause (iv) as clause (v); and(B) by inserting after clause (iii) the following new clause:“(iv) Other federal support.—A list of other sources of Federal funding received by the applicant. The Director, in coordination with the Secretary of Homeland Security, shall use such list to prevent unnecessary duplication of grant funds.”.(7) in subsection (b)(6), by striking subparagraphs (A) and (B) and inserting the following: “(A) In general.—Subject to subparagraphs (B) and (C), the Director 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; and“(ii) serve jurisdictions of 20,000 or fewer residents, the percent applied under the matching requirement of subparagraph (A) shall be 5 percent.118 STAT. 2197“(C) Fire prevention and firefighter safety grants.—There shall be no matching requirement for a grant described in paragraph (4)(A)(ii).”;(8) in subsection (b)(10)—(A) by amending subparagraph (A) to read as follows:“(A) Recipient limitations.—A grant recipient under subsection (b)(1)(A)—“(i) that serves a jurisdiction with 500,000 people or less may not receive grants in excess of $1,000,000 for any fiscal year;“(ii) that serves a jurisdiction with more than 500,000 but not more than 1,000,000 people may not receive grants in excess of $1,750,000 for any fiscal year; and“(iii) that serves a jurisdiction with more than 1,000,000 people may not receive grants in excess of $2,750,000 for any fiscal year.The Director may award grants in excess of the limitations provided in clause (i) and (ii) if the Director determines that extraordinary need for assistance by a jurisdiction warrants a waiver.”;(B) by redesignating subparagraph (B) as subparagraph (C);(C) by inserting after subparagraph (A) the following new subparagraph:“(B) Distribution.—Notwithstanding subparagraph (A), no single recipient may receive more than the lesser of $2,750,000 or one half of one percent of the funds appropriated under this section for a single fiscal year.”; and(D) by adding at the end the following new subparagraphs:“(D) Requirements for grants for emergency medical services.—Subject to the restrictions in subparagraph (E), not less than 3.5 percent of the funds appropriated under this section for a fiscal year shall be awarded for purposes described in paragraph (3)(F).“(E) Nonaffiliated ems limitation.—Not more than 2 percent of the funds appropriated to provide grants under this section for a fiscal year shall be awarded to nonaffiliated EMS organizations.“(F) Application of selection criteria to grant applications from nonaffiliated ems organizations.—In reviewing applications submitted by nonaffiliated EMS organizations, the Director shall consider the extent to which other sources of Federal funding are available to provide assistance requested in such grant applications.”;(9) in subsection (b), by adding at the end the following new paragraphs:“(13) Annual meeting.—The Director shall convene an annual meeting of individuals who are members of national fire service organizations and are recognized for expertise in firefighting or emergency medical services provided by fire services, and who are not employees of the Federal Government, for the purpose of recommending criteria for awarding grants under this section for the next fiscal year and recommending any necessary administrative changes to the grant program.118 STAT. 2198“(14) Guidelines.—(A) Each year, prior to making any grants under this section, the Director shall publish in the Federal Register—“(i) guidelines that describe the process for applying for grants and the criteria for awarding grants; and“(ii) an explanation of any differences between the guidelines and the recommendations made pursuant to paragraph (13).“(B) The criteria for awarding grants under subsection (b)(1)(A) shall include the extent to which the grant would enhance the daily operations of the applicant and the impact of such a grant on the protection of lives and property.“(15) Peer review.—The Director shall, after consultation with national fire service organizations, appoint fire service personnel to conduct peer review of applications received under paragraph (5). In making grants under this section, the Director shall consider the results of such peer review evaluations.“(16) Applicability of federal advisory committee act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to activities under paragraphs (13) and (15).“(17) Accounting determination.—Notwithstanding any other provision of law, rule, regulation, or guidance, for purposes of receiving assistance under this section, equipment costs shall include, but not be limited to, all costs attributable to any design, purchase of components, assembly, manufacture, and transportation of equipment not otherwise commercially available.”;(10) by amending subsection (d) to read as follows:“(d) Definitions.—In this section—“(1) the term ‘Director’ means the Director, acting through the Administrator; “(2) 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 Director finds that emergency medical services are adequately provided by a fire department; and“(3) the term ‘State’ includes the District of Columbia and the Commonwealth of Puerto Rico.”; and(11) in subsection (e)(1), 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 2009.”.