[Congressional Record Volume 155, Number 171 (Wednesday, November 18, 2009)]
[House]
[Pages H13093-H13107]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                FIRE GRANTS REAUTHORIZATION ACT OF 2009

  The SPEAKER pro tempore. Pursuant to House Resolution 909 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 3791.

                              {time}  1254


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 3791) to amend sections 33 and 34 of the Federal Fire Prevention 
and Control Act of 1974, and for other purposes, with Mr. Jackson of 
Illinois in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Tennessee (Mr. Gordon) and the gentleman from 
Nebraska (Mr. Smith) each will control 30 minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, I rise today in support of H.R. 3791, the Fire Grants 
Reauthorization Act of 2009. This bill reauthorizes the Assistance to 
Firefighters Grant (AFG) program and the Staffing for Adequate Fire and 
Emergency Response (SAFER) program. Over the past 9 years, these 
programs have provided over $5 billion to purchase firefighting 
equipment and training, and for communities to hire additional 
firefighters. This Federal support for public safety is even more 
important in this tough economy as local officials struggle to provide 
services in the face of decreasing budgets.
  The provisions in this bill make several changes to the program to 
enable more fire departments to apply for grants, and to ensure that 
the programs can benefit all types of communities, from small towns to 
our largest cities.
  As part of this, the bill apportions the AFG funding between the 
career, volunteer, and combination fire departments according to a 
formula that authorizes a minimum of 25 percent of each year's total 
AFG dollars for each type of department.
  The bill also authorizes the director to waive matching funds, budget 
maintenance requirements and other requirements for fire departments 
facing exceptional economic hardships. It further lowers the matching 
requirement for AFG and modifies the matching structure of SAFER to 
make it easier for communities to plan for the commitment of a SAFER 
grant.
  The Science Committee heard testimony from fire service experts in 
July that, particularly in this economy, the current matching 
requirements dissuaded some departments from applying. These provisions 
enable those fire departments with the most need to apply.
  Finally, H.R. 3791 also increases the amount of money larger 
jurisdictions may apply for under the AFG program. These amounts better 
reflect the needs of larger metropolitan areas as well as fire 
departments that have been consolidated to provide unified coverage to 
a large area.
  H.R. 3791 is the product of much hard work by the International 
Association of Fire Chiefs, the International Association of Fire 
Fighters, the National Volunteer Fire Council, the National Fire 
Protection Association, and the Congressional Fire Services Institute. 
It has been endorsed by all of these groups. This bill has bipartisan 
support and passed out of the Science and Technology Committee by voice 
vote.
  I would like to once again thank Mr. Mitchell for sponsoring this 
important legislation. I would also like to recognize the efforts of 
our subcommittee chairman, Mr. Wu, in getting the policy right in this 
bill and working to get a consensus piece of legislation. I also want 
to thank Mr. Pascrell of New Jersey for being the father of the 
origination of these bills, as well as Majority Leader Steny Hoyer for 
bringing all of the parties together and working together to get a good 
bill out.
  Finally, I would like to recognize the staff who have been integral 
in crafting this legislation: Meghan Housewright and Mike Quear on the 
majority staff, and Dan Byers on the minority staff.
  We have some amendments today. I look forward to working with my 
colleagues today to make a good bill better.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SMITH of Nebraska. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, I rise today in support of H.R. 3791, the Fire Grants 
Reauthorization Act of 2009. This bill reauthorizes both the Assistance 
to Firefighters Grant (AFG) program and the Staffing for Adequate Fire 
and Emergency Response (SAFER) program, which both provide much-needed 
assistance to fire departments across the Nation.
  As we learned through our committee work on this bill, and as I have 
heard firsthand in discussions with fire chiefs and firefighters in my 
district, the AFG program is frequently cited as a ``life safer'' and 
the only means by which many departments can acquire up-to-date 
equipment and training--which requires a significant portion of their 
budget--for their firefighters.
  This is particularly true in rural areas such as my district in rural 
Nebraska, where many communities rely upon all-volunteer departments to 
respond to fires and other emergencies. The equipment needed to fight 
fires and save lives and property is costly, and required for 
departments to meet certain minimum response capabilities regardless of 
whether they are protecting a community of a few hundred people or a 
large city of a few hundred thousand people. As such, firefighter 
grants have proven absolutely vital for rural and volunteer fire 
departments, which have small tax bases and the least ability to 
acquire such equipment.

                              {time}  1300

  The bill before us today makes several modest changes to the AFG and 
SAFER programs, reflecting a compromise reached by the leading national 
fire service organizations who worked closely with the Science and 
Technology Committee to develop this legislation. I support these 
changes and the underlying reauthorization effort, and I want to call 
attention to two in particular which I offered as amendments during 
committee consideration

[[Page H13094]]

of this bill. They are intended to support the ability of smaller 
combination and volunteer departments to successfully compete for and 
receive AFG grants and to emphasize the AFG program should be a funding 
priority generally.
  The first amendment added language to the bill clarifying in awarding 
grants competitively, FEMA must consider a broad range of factors 
related to a fire department's ability to respond to hazards, not just 
the size of the population a department protects but also other factors 
such as its geographic response area, hazard vulnerability, or 
financial situation. This addition does not make any changes to the 
underlying AFG program but, rather, explicitly codifies FEMA's existing 
practice.
  Second, I was pleased to incorporate amendment language in committee 
calling attention to the dramatic decline in funding for the AFG 
program over the last 5 years and emphasize restoring it should be a 
priority.
  The AFG program is authorized in this legislation at $1 billion a 
year; however, its actual appropriated funding has never reached that 
amount and, in fact, has steadily declined in recent years. In fiscal 
year 2003, $750 million was appropriated for AFG. Since this time, 
funding has steadily declined. Last year it was $565 million, and this 
year the Obama administration requested only $390 million. This 
represents a 48 percent decline since fiscal year 2003. Given the 
importance of AFG to helping fire departments around the country meet 
minimum response requirements, especially those in rural areas with 
limited tax bases, this trend is troubling and should be reversed.
  I was pleased our colleagues in the majority accepted these 
amendments, and I appreciate the chairman's work. I thank them for 
working closely with me and the leading national fire service 
organizations to develop an agreeable compromise under which we could 
move this reauthorization forward.
  I urge Members to support passage of this bill, and I hope for and 
expect a continued smooth process as we do go forward.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 4 minutes to the 
author of the bill, the gentleman from Arizona (Mr. Mitchell).
  Mr. MITCHELL. Mr. Chairman, I rise today in strong support of H.R. 
3791, the Fire Grants Reauthorization Act of 2009.
  Firefighters are often the first and the last to leave an emergency 
scene. Whether it's putting out a house fire or wildfire or responding 
to terrorist attacks or a car accident, we depend upon firefighters 
every day.
  But firefighters also depend on us. They depend on the public and 
their elected officials to make sure they have the resources, 
equipment, and training they need for their jobs. Without those tools, 
we put them and all of us at unnecessary risk.
  H.R. 3791 reauthorizes the Assistance to Firefighters Grant program, 
or AFG, and the Staffing for Adequate Fire and Emergency Response 
program, or SAFER. This bill also makes several key improvements to 
those programs to assist the cities and towns in Arizona and across the 
country which are facing major budget shortfalls and cuts in services.
  Since the AFG program was established in 2000, this program has 
provided more than $5 billion directly to fire departments through 
competitive award grants. These FIRE grants have also provided critical 
support to Arizona's fire departments. Between 2005 and 2008, Arizona 
received 165 AFG grants for a total of approximately $22.5 million. 
These grants are made available to local fire departments to purchase 
response equipment, training, and fire trucks. The AFG program also 
supports fire prevention and safety grants, which are used for smoke 
detectors, fire prevention education, and research to reduce the causes 
of fire-related injuries and death. The SAFER program provides 
competitively awarded funds for the hiring, recruiting, and retention 
of firefighting personnel.
  Over the past 4 years, this program has provided nearly $700 million 
to local fire departments nationally, and Arizona has received 26 SAFER 
grants for a total of approximately $16 million. This funding is 
especially critical during these difficult economic times.
  Based on testimony that the Science and Technology Committee heard 
from fire service representatives, H.R. 3791 makes several key 
improvements to this legislation.
  First of all, this bill will change the matching requirements to 
enable fire departments with the greatest need to take advantage of the 
programs. The bill sets the matching requirement for the Assistance to 
Firefighters Grant program from 20 percent to 10 percent, with fire 
departments serving populations under 20,000 paying a 5 percent match. 
This greatly benefits rural and less urban areas.
  H.R. 3791 also modifies the matching requirements for the SAFER 
program. Based on the recommendations of fire service organizations, 
reflecting the hardships faced by our State and local governments, 
SAFER will require instead a 20 percent match for each of 3 years.
  This bill also gives the administrator the authority to waive the 
matching requirements for both programs in case of exceptional economic 
hardship. Such waivers may also be given for the programs' budget 
maintenance requirements and SAFER provisions that restrict the funding 
to hiring only additional firefighters, rather than retaining current 
firefighters. This is a necessary step at a time when fire departments 
in many areas of the country are confronted with the prospect of laying 
off firefighters.
  This bill is the result of a consensus among the fire service 
organizations, including the International Association of Fire Chiefs, 
the International Association of Fire Fighters, the National Fire 
Protection Association, the National Volunteer Fire Council, and the 
Congressional Fire Services Institute.
  I would like to take a moment to thank Chairman Gordon, Chairman Wu, 
and the Science and Technology Committee for their tireless work on 
this legislation. In particular, I would like to thank Meghan 
Housewright, Mike Quear, Louis Finkel, and Lori Pepper for their hard 
work. I would also like to thank the majority leader, Mr. Hoyer, and 
Congressman Pascrell for their leadership on this important issue.
  I urge my colleagues to support this legislation that provides vital 
resources to our Nation's firefighters. During these tough economic 
times, this support is crucial to our public safety.
  Mr. SMITH of Nebraska. Mr. Chairman, I yield 2 minutes to the 
gentlewoman from Illinois (Mrs. Biggert).
  Mrs. BIGGERT. Mr. Chairman, I rise in support of H.R. 3791, the Fire 
Grants Reauthorization bill.
  As a longtime supporter of firefighters and a cosponsor of this bill, 
I'm very happy we are considering this important and timely legislation 
to help our firefighters and our fire departments across the country.
  Whether it's a fire, a vehicle crash, a dangerous spill, or even a 
terrorist attack, our firefighters, men and women, put their lives on 
the line in almost every emergency situation they come across. The 
least we can do is to ensure that they have the equipment needed to do 
their jobs without exposing themselves to unnecessary risk.
  Today we have the opportunity to improve two FIRE grant programs: the 
Assistance to Firefighters Grant program, which provides the 
departments access to proper training and equipment; and the SAFER 
program that helps fire departments hire new firefighters.
  No time is more important than now to reauthorize the FIRE grant 
programs. It should be no surprise when I say that the economic 
downturn that has adversely affected everyone has also hit our fire 
departments hard. With local tax revenue on a steady decline, fire 
stations across the country and at home in Illinois are feeling far 
greater pressure to do more with less. H.R. 3791 will help our 
frontline responders meet their basic firefighting and emergency 
medical responsibilities with additional resources for staffing, 
training, and equipment. In passing this important legislation today, 
we improve the safety of our communities and that of the men and women 
who keep us safe.
  Mr. Chairman, I urge our colleagues to support H.R. 3791.

[[Page H13095]]

  Mr. GORDON of Tennessee. Mr. Chairman, I yield 1 minute to the 
majority leader, as I said earlier, the person who really was the 
sheriff in bringing everybody together for this bill, and we thank him 
for it.
  Mr. HOYER. I thank the gentleman from Tennessee (Mr. Gordon), who 
does such an extraordinary job of leading the committee. I thank Mr. 
Smith for his leadership. I also want to thank David Wu, the chairman 
of the subcommittee, for his leadership. All of them have joined 
together to get this bill to the floor. And I would be remiss if I did 
not acknowledge their contribution, because this bill, the genesis of 
it, was really with Mr. Pascrell of New Jersey, who worked so many 
years ago to work with the Senate in generating this idea so that it 
came back to the House, but he was the godfather, if you will, of this 
piece of legislation. I want to acknowledge his presence here and thank 
him for his leadership. And I certainly want to thank Mr. Mitchell, 
Congressman Mitchell, who has been so critical in getting this bill to 
this point in time. He is an extraordinarily able Member of the 
Congress, and the firefighters throughout our country I know are 
appreciative of his efforts on this bill.
  Every day, Mr. Chairman, we and our families live under the blanket 
of protection provided by America's firefighters, both career and 
volunteer, men and women who are willing to risk their lives to 
safeguard us, our loved ones, and our property. We may not often think 
about those sacrifices but every firefighter does.
  Last year, more than 100 of them died in the line of duty, and tens 
of thousands more sustained injuries. To honor those sacrifices and to 
make our communities safer places to live, Congress has worked to 
become a partner with the fire departments across the Nation. Today we 
can reaffirm that commitment by reauthorizing two successful grant 
programs for firefighters: FIRE and SAFER.
  I also want to mention a former fire chief from Pennsylvania who was 
also critically important in working on this legislation. He's no 
longer a Member of this body, Curt Weldon, a Member of the other side 
of the aisle. He and I cochaired the Fire Service Caucus for over 15 
years. His leadership was critical in moving us towards the partnership 
of which I have just spoken between the Congress and the emergency 
responders throughout our country, career and volunteer.
  This bill reauthorizes both programs through fiscal year 2014, 
pledging a total of $2.2 billion per year to our firefighters. The FIRE 
grant program authorizes $1 billion per year for state-of-the-art fire 
equipment, up-to-date training, and fire prevention programs. These 
competitive grants will benefit career, volunteer, and combination fire 
departments throughout the country. I know the chairman and 
subcommittee Chair have already spoken of what it will do, but I wanted 
to add as well State training academies and volunteer EMS departments, 
so critical to our emergency response strategies and team.
  The SAFER grant program ensures that our community firehouses never 
have to sit empty: Its $1.2 billion per year will ensure 24-hour 
staffing at eligible departments so that there are always firefighters 
on duty in case of emergency. In fact, of course, it is the 
firefighters and emergency medical response teams that are usually the 
first on the scene at almost any disaster. It is therefore critical 
that they be available during a 24-hour, 7-day-a-week schedule. It also 
commits money each year to help volunteer departments recruit and 
retain new members.
  Since FIRE's inception in 2000 and SAFER's in 2004, these programs 
have won support from Democrats and Republicans alike. This is truly a 
bipartisan effort on behalf of our communities. Our respect for 
firefighters and our commitment to get them the tools and training they 
need has transcended party lines, as it should have, and I hope today 
it will be no different and I know it will be no different.
  I want to commend my colleagues Harry Mitchell and Bill Pascrell, as 
I said, the father of the FIRE grants program, for their leadership on 
this issue, as well as Chairman Gordon and Chairman Wu and my fellow 
Fire Caucus co-Chairs Peter King, Rob Andrews, and Jo Ann Emerson.
  I urge all of my colleagues to vote to reauthorize these grants and 
carry forward this successful and vital partnership.
  Mr. SMITH of Nebraska. Mr. Chairman, I yield 1 minute to the 
gentleman from Indiana (Mr. Burton).
  Mr. BURTON of Indiana. I thank the gentleman from Nebraska for 
yielding this time.
  I agree with everything the majority leader just said. You know, the 
firefighters of this country are not only protectors of us from a 
domestic standpoint; they are leaders in the war against terrorism.
  We all remember what happened at 
9/11 when so many firefighters gave their lives to try to protect those 
people who died in the Twin Towers in New York City. And we should not 
forget that because there is the threat of terrorism every single day 
in this country, and the frontline fighters, in addition to the 
policemen, are the firefighters. They're the ones that are going to 
have to rush in to protect people and save lives in the event that we 
have another tragedy like 9/11.
  So I'd just like to say in the short time I have here today we need 
to give them every single tool they need. This is one area of 
government that's absolutely essential, and the firefighters of this 
country need to know the Congress of the United States is behind them 
100 percent.

                              {time}  1315

  Mr. GORDON of Tennessee. Mr. Chairman, I yield 1 minute to the 
gentlelady from Texas, a former member of the Science and Technology 
Committee, Ms. Jackson-Lee.
  Ms. JACKSON-LEE of Texas. I thank the distinguished chairman, and I 
thank him for his leadership. I rise to support H.R. 3791 and the $1 
billion for the AFG per year, and the $1.2 billion for the SAFER. In my 
community, over the last 3 months we've had 17 fires in Heights and 
Shady Acres, putting firefighters in jeopardy and threatening lives. 
This legislation is enormously important, in that it allows cities over 
2.5 million to get grants up to $9 million. I would be looking forward 
or like to look forward to work with the chairman to establish a study 
to determine the propensity of serial fire instigators, if you will, 
threatening the lives of firefighters, and I'd like to be able to work 
with the chairman on this crucial issue of providing a study so that we 
can emphasize these grants going to fight against serial fires.
  I yield to the gentleman from Tennessee.
  Mr. GORDON of Tennessee. My friend from Texas raises a valid point 
and an excellent point. You can be well assured that we will continue 
to work with you through this, through the conference process to bring 
your legitimate points to light.
  Ms. JACKSON-LEE of Texas. Our community is in jeopardy, and this will 
be an important step for them. As a member of the Fire Caucus and 
Homeland Security, I rise to support the bill and thank you for working 
with me to help those in need in Houston, Texas.
  Mr. SMITH of Nebraska. I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 5 minutes to the 
gentleman from Oregon (Mr. Wu), the chairman of the subcommittee.
  Mr. WU. Mr. Chairman, I rise in strong support of this legislation, 
which reauthorizes the AFG and SAFER grant programs. These important 
programs help keep firefighters and the public safe, and I want to 
commend Chairman Gordon's leadership in bringing this crucial 
legislation to the floor today, Mr. Mitchell's contributions to this 
legislation, Mr. Hoyer for his crucial role in bringing this 
legislation to the floor, and Mr. Pascrell for originating the 
legislation 9 years ago and carrying this bill for many years.
  Over the past 9 years, the AFG program has provided nearly $5 billion 
in competitive awards to help local fire departments purchase 
equipment, training and other crucial resources. This program has 
played a vital role in improving the readiness and capabilities of fire 
departments across the country.
  Despite the program's success so far, an alarming number of local 
fire departments remain without adequate training and equipment. The 
AFG program helps address crucial shortfalls, and this bill will 
further empower the Federal Government to assist local fire

[[Page H13096]]

departments as they improve their capabilities. AFG also supports fire 
prevention and safety grants, which help provide smoke detectors, fire 
prevention education, and research to reduce the causes of fire and 
fire-related injury and death. Three thousand Americans die every year 
in fires. We have made progress, and I'm proud of the progress the 
Science and Technology Committee has made in advancing the goals of the 
FIRE grant program.
  This bill also reauthorizes the SAFER program, which provides funding 
to help fire departments maintain adequate staffing levels. Through the 
SAFER program, the Federal Government has provided nearly $700 million 
to local fire departments in the past 4 years, funding that is 
especially crucial during the current economic downturn. And I have to 
note that the changes in matching requirements are especially helpful 
in these hard economic times.
  At a time when many local governments are facing major budget 
shortfalls and cuts in services, Federal support to fire departments is 
crucial to public safety. It is particularly important in Oregon, where 
the unemployment rate is at about 11\1/2\ percent. The bill is an 
important step forward in our efforts to protect communities across the 
country and the firefighters who serve them. I'm particularly proud of 
my subcommittee's work on this very important piece of legislation.
  For more than 6 months it has worked with multiple fire service 
organizations to identify opportunities to improve the AFG and SAFER 
grant programs, culminating in hearings held earlier this year. In that 
context, I want to especially thank Meghan Housewright for her hard 
work in this field. The bill addresses the needs and priorities 
identified by fire service experts, and I'm grateful for the 
cooperation of the International Association of Fire Chiefs, the 
International Association of Fire Fighters, the National Volunteer Fire 
Council and the National Fire Protection Association and the 
Congressional Fire Services Institute. Your ability to come together on 
this legislation made our job much, much easier.
  This bill improves both the SAFER and the AFG programs by ensuring 
that fire departments with the greatest need will be able to apply for 
funding. The bill also provides for an equitable balance in the 
distribution of grant funding, ensuring that funding will benefit 
communities, both large and small.
  I would like to thank the ranking member of the Technology and 
Innovation Subcommittee, Mr. Smith, for working closely with me. I 
would also like to thank the fire service organizations for their hard 
work in crafting this bill. I urge my colleagues to support this 
important legislation.
  Mr. SMITH of Nebraska. I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I want to thank Chairman 
Thompson and Chairman Oberstar for working with me to get this 
important bill to the floor.
  I would like to insert an exchange of committee correspondence in the 
Record at this time.

                                         House of Representatives,


                               Committee on Homeland Security,

                                 Washington, DC, November 7, 2009.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Mr. Chairman: I am writing you regarding H.R. 3791, 
     the ``Fire Grants Reauthorization Act of 2009,'' introduced 
     on October 13, 2009. This legislation was initially referred 
     to the Committee on Science and Technology and sequentially 
     referred to the Committee on Homeland Security on November 6, 
     2009.
       In the interest of permitting this important legislation to 
     proceed expeditiously to floor consideration, I am willing to 
     waive further consideration of H.R. 3791. I do so with the 
     understanding that waiving further consideration of the bill 
     should not be construed as the Committee on Homeland Security 
     waiving, altering, or otherwise affecting its jurisdiction 
     over subject matters contained in the bill which fall within 
     its Rule X jurisdiction.
       Further, I request your support for the appointment of 
     Homeland Security conferees during any House-Senate 
     conference convened on this or similar legislation. I also 
     ask that a copy of this letter and your response be placed in 
     the Congressional Record during floor consideration of this 
     bill.
       I look forward to working with you on this legislation and 
     other matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
     Chairman.
                                  ____

         House of Representatives, Committee on Science and 
           Technology,
                                 Washington, DC, November 7, 2009.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Ford House Office Building, Washington, 
         DC.
       Dear Chairman Thompson: Thank you for your letter regarding 
     H.R. 3791, the Fire Grants Reauthorization Act of 2009. Your 
     support for this legislation and your assistance in ensuring 
     its timely consideration are greatly appreciated.
       I agree that provisions in the bill are within the 
     jurisdiction of the Committee on Homeland Security. I 
     acknowledge that by waiving rights to further consideration 
     of H.R. 3791, your Committee is not relinquishing its 
     jurisdiction and I will fully support your request to be 
     represented in a House-Senate conference on those provisions 
     over which the Committee on Homeland Security has 
     jurisdiction in H.R. 3791. A copy of our letters will be 
     placed in the Congressional Record during consideration of 
     the bill on the House floor.
       I value your cooperation and look forward to working with 
     you as we move ahead with this important legislation.
           Sincerely,
                                                      Bart Gordon,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                Washington, DC, November 12, 2009.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Gordon: I write to you regarding H.R. 3791, 
     the ``Fire Grants Reauthorization Act of 2009''.
       H.R. 3791 contains provisions that fall within the 
     jurisdiction of the Committee on Transportation and 
     Infrastructure. I recognize and appreciate your desire to 
     bring this legislation before the House in an expeditious 
     manner and, accordingly, I will not seek a sequential 
     referral of the bill. However, I agree to waive consideration 
     of this bill with the mutual understanding that my decision 
     to forgo a sequential referral of the bill does not waive, 
     reduce, or otherwise affect the jurisdiction of the Committee 
     on Transportation and Infrastructure over H.R. 3791.
       Further, the Committee on Transportation and Infrastructure 
     reserves the right to seek the appointment of conferees 
     during any House-Senate conference convened on this 
     legislation on provisions of the bill that are within the 
     Committee's jurisdiction. I ask for your commitment to 
     support any request by the Committee on Transportation and 
     Infrastructure for the appointment of conferees on H.R. 3791 
     or similar legislation.
       Please place a copy of this letter and your response 
     acknowledging the Committee on Transportation and 
     Infrastructure's jurisdictional interest in the Committee 
     Report on H.R. 3791 and in the Congressional Record during 
     consideration of the measure in the House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                           James L. Oberstar, M.C.
     Chairiman.
                                  ____

         House of Representatives, Committee on Science and 
           Technology,
                                Washington, DC, November 12, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Oberstar: Thank you for your November 12, 
     2009 letter regarding H.R. 3791, the Fire Grants 
     Reauthorization Act of 2009. Your support for this 
     legislation and your assistance in ensuring its timely 
     consideration are greatly appreciated.
       I agree that provisions in the bill are of jurisdictional 
     interest to the Committee on Transportation and 
     Infrastructure. I acknowledge that by forgoing a sequential 
     referral, your Committee is not relinquishing its 
     jurisdiction and I will fully support your request to be 
     represented in a House-Senate conference on those provisions 
     over which the Committee on Transportation and Infrastructure 
     has jurisdiction in H.R. 3791. A copy of our letters will be 
     placed in the Committee report on H.R. 3791 and in the 
     Congressional Record during consideration of the bill on the 
     House floor.
       I value your cooperation and look forward to working with 
     you as we move ahead with this important legislation.
           Sincerely,
                                                      Bart Gordon,
                                                         Chairman.

  I would like to now yield 3 minutes to the gentleman from Mississippi 
and chairman of the Homeland Security Committee, Mr. Thompson.

[[Page H13097]]

  Mr. THOMPSON of Mississippi. Mr. Chairman, I'd like to thank Chairman 
Gordon, Chairman Wu and Mr. Mitchell for working to move this important 
legislation. Every Member of this body represents a community that is 
secured by a firehouse. But in recent times, too many fire stations 
have had to short change their own training or community fire awareness 
programs just to stay operational.
  Today, we have the opportunity to reaffirm our support for our 
hometown first responders by supporting H.R. 3791, the Fire Grants 
Reauthorization Act of 2009. This legislation seeks to enhance and 
improve two of FEMA's programs that directly award grants on a 
competitive basis to local fire stations and departments. This critical 
reauthorization will help ensure that departments large and small, 
volunteer and career, can continue to provide lifesaving services, 
including fire prevention and safety programs.
  As a former volunteer firefighter, I'd like to thank Mr. Pascrell, 
the gentleman from New Jersey, the father of the Assistance to 
Firefighter Grants program, for working to help pioneer the original 
program and working diligently to help produce this legislation. The 
so-called AFG grant and the SAFER grant programs provide funding 
directly to local fire departments so they can purchase needed 
equipment, conduct fire awareness and prevention service activities, 
insure that personnel are well trained for all of the duties, 
assignments as required for certification. And, in the case of SAFER, 
recruit and hire and retain firefighters without bureaucratic delays.
  This bill also authorizes an additional $9.8 billion in funding for 
these vital programs. Mr. Chairman, within the AFG program, this bill 
revises grant allocations so that career volunteer and combination fire 
departments will have access to equal slices of the available grant 
dollar pie.
  Mr. Chairman, I'd also like to say that during these tough economic 
times, many communities across America are being forced to cut back on 
public service. Cutbacks to public services should be avoided at all 
costs. Again, Mr. Chairman, the International Association of Fire 
Chiefs, Congressional Fire Service Institute, International Association 
of Volunteer Fire Fighters, National Volunteer Fire Council, National 
Fire Protection Association, all these organizations support this 
legislation.
  Mr. Chairman, I urge my colleagues to support this bill.
  Mr. SMITH of Nebraska. I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I now yield 2 minutes to the 
Chairman of the Transportation Committee, the gentleman from Minnesota, 
Chairman Oberstar, and I want to once again thank him for helping bring 
this bill to the floor.
  Mr. OBERSTAR. Mr. Chairman, I do thank Chairman Gordon for the 
splendid work that his committee has done and the cooperation that 
we've had with the Committee on Science and Technology and that of the 
Committee on Homeland Security with the gentleman from Mississippi (Mr. 
Thompson). We've worked very well together and very diligently to bring 
this very important Fire Grants Reauthorization Act to the House floor.
  Many fire departments in my district point with great pride and with 
gratitude to the fire trucks, the breathing equipment, the protective 
clothing, the radios, the other technology they have received through 
this valuable program. These are small grants, often just $2,500 to 
maybe a quarter of a million dollars for a new fire truck, but 
desperately needed in small communities and rural areas, replacing 
equipment, often more than 40 years old, or new gear to combat new 
issues such as fires at meth labs in the countryside or as we call it, 
the back woods of Northern Minnesota. The fire department needs that 
equipment, whether to combat a house fire or a chemical spill or a fire 
in the center of small communities.
  The FIRE grants program goes back to the year 2000 and predates the 
horrific events of September 11. It was never intended to be a 
terrorism preparedness program, but the Department of Homeland Security 
made it one. And in recent years, I've been concerned by reports, and 
I've met with the small fire departments that didn't receive a grant 
because they could not show a specific connection to terrorism.
  Our terror in Northern Minnesota is fire. Our terror is blizzards, 
tornados, floods. Those are the things that we need, and we need to be 
prepared for.
  The CHAIR. The time of the gentleman has expired.
  Mr. GORDON of Tennessee. I yield the gentleman 30 additional seconds.
  Mr. OBERSTAR. There are a lot of organizations that support this 
legislation. I just want to mention Pete Makowski, my district staff 
person in Northern Minnesota who is a volunteer firefighter who has 
introduced me to these issues and to these concerns, has brought me 
together with the volunteer fire departments in my district. And I just 
want to say, the pleasure, the joy, the pride that those volunteer 
firefighters have in getting this small bit of assistance is 
overwhelming to me. I am so pleased that we have in this legislation 
very clear language that these small firefighting organizations do not 
have to show that they're combating weapons of mass destruction.
  The CHAIR. The time of the gentleman has again expired.
  Mr. SMITH of Nebraska. I would yield 30 seconds more to the Chairman 
of the Transportation Committee if he wishes to continue.
  Mr. OBERSTAR. I thank the gentleman for the time.
  I'm sure that the gentleman has the same experience with small 
volunteer firefighters who have to hire a grant application writer to 
fill out forms this thick. That's absurd. I think we changed that in 
this legislation and we take away this need to show a connection with 
terrorism. Our terror is fire. That's all we need to be prepared for.
  Mr. SMITH of Nebraska. Mr. Chairman, I would also add briefly that, 
for right now, that the demands on volunteer fire departments are far 
greater than the population might reflect, especially when we talk 
about public lands and the susceptibility to fire in the midst of 
drought and other things as well.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. I thank my friend from Nebraska for his 
courtesy to Mr. Oberstar. I would request of the Chairman, what time is 
left for each side?
  The CHAIR. The gentleman from Tennessee has 11\1/2\ minutes 
remaining. The gentleman from Nebraska has 22\1/2\ minutes remaining.
  Mr. SMITH of Nebraska. I reserve the balance of my time.

                              {time}  1330

  Mr. GORDON of Tennessee. Mr. Chairman, as has been pointed out 
earlier, I'm not sure whether it's the godfather or the grandfather of 
the FIRE Grants program, Mr. Pascrell from New Jersey. He is here, and 
he is recognized for 3 minutes.
  Mr. PASCRELL. I want to thank Chairman Bart Gordon; Subcommittee 
Chairman Dave Wu; Mr. Mitchell; Chairman Thompson; and my friend who is 
not here today on the other side, Peter King. They all deserve 
recognition as partners in this quest to get people's attention on the 
most neglected side of the public safety equation, our firefighters.
  This legislation, we think, is unique. We had a difficult time in the 
beginning when were writing this legislation. It took about 2\1/2\ 
years. We had about enough people to fit in a telephone booth. And then 
we brought the firefighters to Washington, and all of a sudden, we had 
over 280 sponsors.
  In the 106th Congress, prior to, the former speaker just pointed out, 
9/11, that FIRE Act passed. It had bipartisan support. There was no 
Federal support for our brave firefighters, be they career or 
volunteer. They were working with outdated equipment. In some places in 
the country, they had to push the equipment to the fire, literally. 
They couldn't get the necessary training in order to provide the best 
protection for their local communities.
  The one thing we made sure we took care of is that there would not be 
a differential, there would not be a firewall, so to speak, between the 
volunteers and the career. If you look at the grants of the first 5 or 
6 years, there is an over-preponderance of volunteer departments, 
because we did not want to make this what so many bills in the past had 
been.
  And I might add, Mr. Chairman, this money goes directly to the 
communities, no skimming, no nonsense: $6.5

[[Page H13098]]

billion, both of these bills, the SAFER bill, which deals with our 
personnel, in 9 years, over $15 billion requested. We are far from even 
close to responding to the needs that existed before 9/11.
  This legislation, in its ranking and review, the FIRE Grants program 
itself received the second highest rating of any program in the 
Department of Homeland Security. The only agency that beat it out by 
one percentage point was the Secret Service.
  Since the inception of the FIRE and SAFER grants, the programs have 
provided over, as I said, $6.5 billion for our local communities. And 
the point I want to make here is that the FIRE Grants programs are as 
vital and necessary today as they were in 2000.
  The CHAIR. The time of the gentleman has expired.
  Mr. GORDON of Tennessee. I yield the gentleman 1 additional minute.
  Mr. PASCRELL. I have always said that real homeland security starts 
on the streets of our local towns and not in the hallways of 
Washington. I truly believe these FIRE grants awarded to local 
municipalities are key to our homeland security infrastructure. Today 
we move a great step toward furthering that commitment.
  And just today, Mr. Chairman, on the west lawn outside the Capitol, 
firefighters, police officers and construction workers who responded at 
9/11 gathered to hear what the Congress was going to do to respond to 
what had happened at 9/11. We salute them. We've had two major studies 
from Mount Sinai Hospital in New York. The ``all clear'' should not 
have been given to these people who worked in hazardous situations. We 
can again down the road to pass legislation to help these guys and gals 
that have suffered the consequences of their responding mostly, 
voluntarily.
  I thank all of those who participated today.
  Mr. SMITH of Nebraska. I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 2 minutes to the 
gentlewoman from Colorado (Ms. Markey).
  Ms. MARKEY of Colorado. Mr. Chairman, I rise today in support of the 
Fire Grants Reauthorization Act of 2009. From cities on Colorado's 
front range to small towns on the eastern plains, firefighters and 
other emergency personnel are the first to respond to everything from 
traffic accidents to wildfires. These brave men and women dedicate 
their lives to helping people and protecting their communities.
  More than three-quarters of the fire departments in Colorado's Fourth 
District are mostly or entirely volunteer run. In addition to full-time 
jobs and families, these men and women devote their time and energy to 
help the small rural communities in which they live, often at great 
risk to themselves. In my district, last year, three brave volunteers 
lost their lives in the line of duty. Captain Shane Stewart, Fire Chief 
Terry DeVore and Firefighter John Schwartz, Jr., lost their lives while 
fighting to keep their rural communities safe.
  Mr. Chairman, it is with the memory of these men who gave everything 
to defend their neighbors and communities that I am proud to stand here 
today as a cosponsor of the Fire Grants Reauthorization Act. I 
encourage all of my colleagues to support this important 
reauthorization, because these grant programs help support the 
operations of all fire departments, urban and rural, career and 
volunteer, and protect the lives of the men and women who selflessly 
serve to protect their communities.
  The CHAIR. The gentleman from Tennessee has 6 minutes remaining. The 
gentleman from Nebraska has 22\1/2\ minutes remaining.
  Mr. SMITH of Nebraska. I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 2 minutes to the 
gentlewoman from Arizona (Mrs. Kirkpatrick).
  Mrs. KIRKPATRICK of Arizona. Mr. Chairman, this spring my office was 
approached by two fire chiefs with the same problem. Chief Casson of 
the Cottonwood Fire Department and Chief Moore of the Clarkdale Fire 
Department both explained that for their small departments, SAFER 
grants can make all the difference in whether they have the number of 
firefighters on staff required to keep their communities safe.
  With the economic downturn, SAFER has become more important than 
ever, but falling tax revenues make meeting the matching requirement 
difficult. This has happened to small fire departments across the 
Nation. Many have even returned the grants they were awarded.
  This is why I introduced H.R. 2759, which would waive the cost-
sharing requirement for the most recent grant cycle, helping 
departments hire the staff they need during this tough time. While my 
legislation is not specifically contained within this act, I am glad 
that this bill significantly improves the SAFER program to help 
departments with these conditions.
  This act reduces the overall cost-share requirement for departments 
and, more importantly, allows the director to waive this requirement in 
the case of economic hardship. Therefore, in the future, the 
departments with the greatest need should be able to take advantage of 
this program.
  Mr. Chairman, will you work with me to ensure that the SAFER works as 
intended, helps the departments most in need, and addresses the 
concerns of small, rural fire departments?
  Mr. GORDON of Tennessee. Will the gentlewoman yield?
  Mrs. KIRKPATRICK of Arizona. I yield to the chairman.
  Mr. GORDON of Tennessee. I would like to thank the gentlewoman for 
her efforts with the SAFER program and her support for the bill.
  You raise a very good point that fire departments in many communities 
are struggling with shrinking budgets. Some of these struggling 
communities do have SAFER grants. I would be happy to work with you on 
this issue as we work to enact this legislation into law.
  Mr. SMITH of Nebraska. Mr. Chairman, I reserve the balance of my 
time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 2 minutes to a very 
active member of our committee, the gentleman from New Mexico (Mr. 
Lujan).
  Mr. LUJAN. Mr. Chairman, I rise in strong support of the Fire Grants 
Reauthorization Act of 2009.
  It has been almost 10 years since the Cerro Grande fire ripped 
through thousands of acres in my district in northern New Mexico with 
devastating effect for the wildlife, the environment and the people in 
its path. Drought conditions and high temperatures contributed to the 
size of this fire, while dry winds accelerated its path through Los 
Alamos. Each year, fires plague our communities. They hurt people. They 
devastate communities. They devastate families. But when we can come 
together and make sure that we are working to provide support for our 
local fire departments, for our first responders and for those that put 
their lives on the line every day, we are able to make a difference.
  These FIRE grants will provide volunteer and career fire departments 
across the country with vital funding to increase firefighting 
capabilities, better respond to medical emergencies, handle natural 
disasters and operate more effectively.
  Supporting local fire departments is more important now than ever 
before. Now that States are facing many budgetary shortfalls, it has 
become increasingly difficult for local governments to maintain the 
equipment and training necessary.
  Mr. Chairman, as we came down today, I was reminded of a chief in New 
Mexico who lost his life responding to a fire about a week after he had 
just gotten word that he had received a grant for the fire district to 
replace the truck that broke down in the midst of a range fire that he 
lost his life in. These grants make a difference in people's lives. To 
his wife, to his spouse, that fought so hard with us in New Mexico to 
get a fire fund in place to be able to help us out locally, I commend 
my colleagues here, the chairman, Mr. Pascrell for making this happen, 
and for believing in firefighters and for making sure that we in 
Congress are doing our part to get funding to them.
  The CHAIR. The gentleman from Tennessee has 2 minutes remaining and 
has the right to close.
  Mr. SMITH of Nebraska. Mr. Chairman, I would inquire of the committee 
chairman how much time he is looking to need, perhaps.

[[Page H13099]]

  Mr. GORDON of Tennessee. You are courteous to ask. I think we have 
marshaled it just right. We have 2 more minutes and one speaker.
  Mr. SMITH of Nebraska. I would yield 2 minutes to the chairman if he 
would wish to use that.
  Mr. GORDON of Tennessee. Again, I thank you for the courtesy. I 
believe we are going to be able to do it, but thank you very much.
  Mr. SMITH of Nebraska. I would reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I would yield 1\1/2\ minutes 
to my friend from St. Louis, Missouri (Mr. Carnahan).
  Mr. CARNAHAN. Thank you, Mr. Chairman, and the gentleman from 
Nebraska for managing this today.
  On behalf of the firefighters, the amazing firefighters that serve my 
constituents in Missouri, I rise today in strong support of the Fire 
Grants Reauthorization Act of 2009. H.R. 3791 reauthorizes and improves 
the FIRE and SAFER Grant programs which assist firefighters, first 
responders and local communities in my home State of Missouri and 
nationwide with the equipment, training, and personnel needed to 
protect the public.
  In these difficult economic times, it is imperative that we provide 
local fire departments around the country the needed equipment, 
training and staffing for both full-time and volunteer firefighters, 
urban and rural, to quickly respond to emergencies.
  This legislation will reduce the grantee matching requirement at a 
time when many jurisdictions are finding it increasingly difficult or 
impossible to maintain equipment, training, and personnel. FIRE grants 
will provide funding to hire additional personnel, modify facilities, 
and obtain protective gear and other resources to respond to fire and 
related hazards.
  I'm pleased to be a cosponsor of this legislation and to have joined 
my colleagues on the Science and Technology Committee to bring it to 
the floor. I now urge the full House to support and pass the Fire 
Grants Reauthorization Act of 2009.
  Mr. SMITH of Nebraska. I would reserve the balance of my time.
  Mr. GORDON of Tennessee. I will use the remainder of my time to 
close, so if the gentleman would like to close.
  Mr. SMITH of Nebraska. Thank you, Mr. Chairman. I will be very brief. 
We were expecting some other Members here. But I will say that I 
appreciate the process that we have gone through this. It involved 
quite a bit of discussion early on at the subcommittee level and full 
committee level. I'm grateful that the chairman considered amendments 
from our side so that we can meet the public safety needs of our 
country. It's not just about my district, it's not just about certain 
districts, but the entire country. I'm grateful to be a part of this 
process, and I will say it does work.
  With that, I would yield back the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, in quick closing, I want to 
concur with Mr. Smith's remarks, thanking him for his cooperation. This 
has been a good subcommittee, committee process. It has been 
bipartisan. And because of that, we have a good bill.
  Ms. RICHARDSON. Mr. Chair, as a member of the Committee on Homeland 
Security and an original co-sponsor, I rise in strong support of H.R. 
3791, the Fire Grants Reauthorization Act of 2009, which reauthorizes 
for five years $1 billion per year for FEMA's Assistance to 
Firefighters Grants (AFG) program and reauthorizes $1.2 billion for the 
Staffing for Adequate Fire and Emergency Response (SAFER) program.
  This increase in federal support for the nation's fire departments is 
especially important in this tough economy as local officials struggle 
to provide critical services--including public safety services--in the 
face of declining revenues and decreasing budgets.
  I thank Chairman Gordon and my colleague, Congressman Mitchell of 
Arizona, for their hard work in shepherding this critical legislation 
to the floor today.
  We all remember the wildfires from this summer that hit my home state 
of California especially hard. Over 160,000 acres were destroyed in the 
``Station Fire,'' the most in the history of Los Angeles County. But 
not only did people lose their homes in this terrible tragedy, two 
firefighters lost their lives as well. Incidents like these underscore 
the importance of providing firefighters with the best possible 
equipment and training to perform their dangerous jobs. And that is 
probably the most important reason of all for passing H.R. 3791, the 
Fire Grants Reauthorization Act of 2009.
  Mr. Chair, I support H.R. 3791 because it:
  Provides a fairer distribution of FIRE Grant funding among fire 
departments by setting a 25 percent distribution of the appropriated 
funds among the categories of career, volunteer and combination fire 
departments;
  Lowers matching and maintenance of expenditure requirements and 
authorizes the FEMA Administrator to waive or reduce such requirements 
for applicants facing demonstrated economic hardship;
  Raises the limit on FIRE Grant awards to $9 million for jurisdictions 
based on population so that large urban areas with population more than 
2.5 million like the one I represent.
  Makes the SAFER Grant program more accessible to fire departments by 
making it a three-year program with a 20 percent match.
  Raises the maximum amount for individual Fire Prevention and Safety 
Grants to $1.5 million.
  Mr. Chair, in the last nine years the Assistance to Firefighters 
Grant (AFG) program, or FIRE grant program, has aided thousands of fire 
departments nationwide by providing more than $5 billion in federal aid 
for critically-needed training, equipment, health and wellness programs 
and other fire service needs.
  The Staffing for Adequate Fire and Emergency Response or ``SAFER'' 
program has provided nearly $700 million to fire departments to help 
hire and retain firefighters since its creation in 2004.
  Yet, despite the success of the programs, effectiveness has been 
curtailed by the uneven distribution of grants among jurisdictions of 
varying sizes. Statutory restrictions have inadvertently hampered 
larger fire departments that protect the majority of the population 
from receiving much-needed federal assistance. As a result, the 
majority of FIRE Grant funds currently are being spent to protect a 
relatively small portion of the population. H.R. 3791 corrects this 
imbalance by targeting more funding to larger fire departments in the 
more populous jurisdictions.
  Mr. Chair, H.R. 3791 is the product of bipartisan cooperation and is 
broadly supported by the firefighting community because it strikes an 
equitable balance in the distribution of the grants so that the funding 
can benefit all types of communities and ensures that fire departments 
with the greatest need can apply for and receive funding in amounts 
sufficient to address their real needs. That is why this legislation is 
broadly supported by the firefighting and fire prevention community, 
including the following major organizations: the International 
Association of Fire Chiefs, the National Fire Protection Association, 
the National Volunteer Fire Council, the International Association of 
Fire Fighters, the International Association of Arson Investigators, 
and the Congressional Fire Services Institute.
  Mr. Chair, H.R. 3791 is good for our firefighters. It is good for our 
local governments. It is good for the nation and good for my district. 
I am proud to be an original co-sponsor of the critical legislation and 
urge my colleagues to join me in voting for its passage.
  Mr. DINGELL. Mr. Chair, I rise today to support H.R. 3791, the Fire 
Grants Reauthorization Act. This act reauthorizes the Assistance to 
Firefighters Grant, AFG, program and the Staffing for Adequate Fire and 
Emergency Response, SAFER, grant program. These two successful programs 
provide critical support for our Nation's fire departments and 
Emergency Medical Services, EMS, organizations, thus enabling our 
firefighters and emergency personnel to adequately respond to fire 
emergencies in our communities.
  H.R. 3791 authorizes $1 billion per year for the AFG program for 
fiscal years, FY, 2010 through 2014 and $1.2 billion per year for the 
SAFER program for FY 2010 through FY 2014. The AFG program, created in 
2000, provides grants to local fire departments and related EMS 
organizations to provide them needed equipment, training, vehicles and 
other resources. The SAFER, created in 2004, program provides grants to 
local fire departments to increase their staffing and deployment 
capabilities.
  Both programs have proven highly successful. In 2003, the U.S. 
Department of Agriculture's Leadership Development Academy Execptive 
Potential Program independent assessment of the AFG program concluded 
it was ``highly effective in improving the readiness and capabilities 
of firefighters across the nation.'' Since that time, the program has 
received high marks from Department of Homeland Security, DHS, 
Inspector General as well as the Bush Administration's budgetary 
program evaluation tool. And since 2004, the SAFER program has been 
ensuring that our local fire departments can provide 24-hour staffing 
to so that they can respond to our communities during emergencies.
  Unfortunately, during times of economic hardship, public safety 
budgets are often hard hit. Thus, the importance of continued Federal 
support for these programs cannot be underestimated. That is why this 
legislation lowers

[[Page H13100]]

the matching requirement from 20 percent to 10 percent for the AFG 
program and allows the DHS to waive cost share requirements for the 
SAFER program in times of economic hardship.
  In addition, H.R. 3791 ensures that funding to our career and 
volunteer fire departments is equitable by requiring that AFG funds are 
apportioned in the following way: 25 percent to career fire 
departments, 25 percent to combination fire departments, and 25 percent 
to volunteer fire departments, 10 percent for open competition among 
all types of fire departments, and the remaining 15 percent for certain 
other important functions, including ire prevention and safety grants.
  Mr. Chair, the fire grants program has directly benefited the 15th 
Congressional District of Michigan, including Frenchtown Township, 
Ypsilanti, Monroe, Woodhaven, Flat Rock, Romulus, and many other 
communities I have the honor of representing. Clearly, these programs 
are a boon to other communities across our country. That is why I 
strongly urge my colleagues to join me in voting ``yes'' on H.R. 3791.
  Mr. KING of New York. Mr. Chair, I rise to express my support for 
H.R. 3791, the Fire Grants Reauthorization Act of 2009. The Fire and 
SAFER grant programs reauthorized by this bill are highly effective and 
vitally important programs which provide much-needed support to fire 
departments and emergency responders across the country.
  As chairman of the Congressional Fire Services Caucus and ranking 
member of the Homeland Security Committee, I strongly support 
reauthorization of these two grant programs. First responders rely on 
Fire grants for the training, vehicles, and equipment that are 
necessary to keep our communities safe, while SAFER grants provide the 
necessary funds to hire and train new firefighters and to help recruit 
and train volunteer firefighters.
  In 2008 alone, the Fire grant program received $3.2 billion in 
requests for grants, which highlights a serious need in the firefighter 
and first responder community for more resources. I continue to support 
strong funding for both the Fire and SAFER programs. I am pleased that 
H.R. 3791 authorizes $1 billion annually for the Fire program and 
approximately $1.2 billion annually for the SAFER program over the next 
5 years.
  The Fiscal Year 2010 Homeland Security Appropriations Act that passed 
the House in June provided double the amount of funding for the SAFER 
program over last year. However, I am disappointed that the final 
funding level approved by Congress for the Fire grant program in Fiscal 
Year 2010 is $175 million less than last year's funding for that 
program. Both of these programs merit robust funding.
  The bill under consideration today incorporates the unified 
recommendations of the major fire service organizations that represent 
volunteer, career, and combination fire departments across the country.
  For example, this bill adds an ``economic hardship waiver'' for the 
Fire grant program for fire departments that are unable to meet certain 
matching requirements or budget requirements. In addition, the bill 
adds an economic hardship waiver to allow fire departments to retain 
staff with SAFER grant funds whom they would otherwise have to lay off 
in these difficult economic times. This bill also allots 10 percent of 
Fire grants to the Fire Prevention and Safety program, which is up from 
5 percent in previous years.
  I hope that both the Fire and SAFER grant programs will see continued 
support from this administration and the Democratic leadership.
  I urge my colleagues to support passage of this important bill.
  Mr. GORDON of Tennessee. I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill, modified by the amendment printed in part A of 
House Report 111-340, shall be considered as an original bill for the 
purpose of amendment and shall be considered as read.
  The text of the amendment in the nature of a substitute, as amended, 
is as follows:

                               H.R. 3791

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fire Grants Reauthorization 
     Act of 2009''.

     SEC. 2. ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM 
                   REAUTHORIZATION.

       (a) In General.--Section 33 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2229) is amended to read 
     as follows:

     ``SEC. 33. FIREFIGHTER ASSISTANCE.

       ``(a) Assistance Program.--
       ``(1) Authority.--In accordance with this section, the 
     Director may--
       ``(A) make grants on a competitive basis directly to fire 
     departments of a State, in consultation with the chief 
     executive of the State, for the purpose of protecting the 
     health and safety of the public and firefighting personnel 
     throughout the Nation against fire and fire-related hazards;
       ``(B) make grants on a competitive basis directly to State 
     fire training academies, in consultation with the chief 
     executive of the State, in accordance with paragraph (11)(C);
       ``(C) provide assistance for fire prevention and 
     firefighter safety research and development programs and fire 
     prevention or fire safety programs and activities in 
     accordance with paragraph (4); and
       ``(D) provide assistance for volunteer, non-fire service 
     EMS and rescue organizations for the purpose of paragraph 
     (3)(F).
       ``(2) Administrative assistance.--The Director shall 
     establish specific criteria for the selection of recipients 
     of assistance under this section and shall provide grant-
     writing assistance to applicants.
       ``(3) Use of fire department grant funds.--The Director may 
     make a grant under paragraph (1)(A) only if the applicant for 
     the grant agrees to use the grant funds for one or more of 
     the following purposes:
       ``(A) To hire additional firefighting personnel.
       ``(B) To train firefighting personnel in firefighting, 
     emergency medical services and other emergency response 
     (including response to a terrorism incident or use of a 
     weapon of mass destruction), arson prevention and detection, 
     maritime firefighting, or the handling of hazardous materials 
     or to train firefighting personnel to provide any of the 
     training described in this subparagraph.
       ``(C) To fund the creation of rapid intervention teams to 
     protect firefighting personnel at the scenes of fires and 
     other emergencies.
       ``(D) To certify fire and building inspectors employed by a 
     fire department or serving as a volunteer building inspector 
     with a fire department.
       ``(E) To establish wellness and fitness programs for 
     firefighting personnel to ensure that the firefighting 
     personnel can carry out their duties, including 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 volunteer, non-fire service EMS and rescue 
     organizations.
       ``(G) To acquire additional firefighting vehicles, 
     including fire trucks.
       ``(H) To acquire additional firefighting equipment, 
     including equipment for communications, monitoring, and 
     response to a terrorism incident or use of a weapon of mass 
     destruction.
       ``(I) To acquire personal protective equipment required for 
     firefighting personnel by the Occupational Safety and Health 
     Administration and other personal protective equipment for 
     firefighting personnel, including protective equipment to 
     respond to a terrorism incident or 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 enforce fire codes and standards.
       ``(L) To fund fire prevention programs.
       ``(M) To educate the public about arson prevention and 
     detection.
       ``(N) To provide incentives for the recruitment and 
     retention of volunteer firefighting personnel for volunteer 
     firefighting departments and other firefighting departments 
     that utilize volunteers.
       ``(4) Fire prevention and firefighter safety research and 
     development programs.--
       ``(A) In general.--For each fiscal year, the Director shall 
     use not less than 10 percent of the funds made available 
     under subsection (e)--
       ``(i) to make grants to fire departments for the purpose 
     described in paragraph (3)(L);
       ``(ii) to make grants to, or enter into contracts or 
     cooperative agreements with, national, State, local, or 
     community organizations that are not fire departments but--

       ``(I) that are recognized for their experience and 
     expertise with respect to fire prevention or fire safety 
     programs and activities and that partner with fire 
     departments, for the purpose of carrying out such programs 
     and activities;
       ``(II) engage in fire- and life safety-related activities 
     as a primary purpose or function, for the purpose of carrying 
     out fire prevention or fire safety programs and activities; 
     or
       ``(III) that are recognized for their experience and 
     expertise with respect to firefighter research and 
     development programs, for the purpose of carrying out 
     research on fire prevention or fire safety programs and 
     activities or to improve firefighter health and life safety; 
     and

       ``(iii) if the Director determines that it is necessary, to 
     make grants or enter into contracts in accordance with 
     subsection (c).
       ``(B) Priority.--In selecting organizations described in 
     subparagraph (A)(ii) to receive assistance under this 
     paragraph, the Director shall give priority to organizations 
     that focus on prevention of injuries to high risk groups from 
     fire, as well as research programs that demonstrate the 
     potential to improve firefighter safety.
       ``(C) Grant limitation.--A grant under this paragraph shall 
     not exceed $1,500,000 for a fiscal year.
       ``(D) Limitation.--None of the funds made available under 
     this paragraph may be provided to the Association of 
     Community Organizations for Reform Now (ACORN) or any of its 
     affiliates, subsidiaries, or allied organizations.
       ``(5) Application.--The Director may provide assistance to 
     a fire department or organization (including a State fire 
     training academy) under this subsection only if the fire 
     department or organization seeking the assistance submits to 
     the Director an application that meets the following 
     requirements:
       ``(A) Form.--The application shall be in such form as the 
     Director may require.
       ``(B) Information.--The application shall include the 
     following information:
       ``(i) Information that demonstrates the financial need of 
     the applicant for the assistance for which applied.

[[Page H13101]]

       ``(ii) An analysis of the costs and benefits, with respect 
     to public safety, of the use of the assistance.
       ``(iii) An agreement to provide information to the national 
     fire incident reporting system for the period covered by the 
     assistance.
       ``(iv) A list of other sources of Federal funding received 
     by the applicant.
       ``(v) Any other information that the Director may require.
       ``(C) Unnecessary duplication.--The Director, in 
     coordination with the Secretary of Homeland Security, shall 
     use the list provided under subparagraph (B)(iv) to prevent 
     the unnecessary duplication of grant funds.
       ``(6) Matching requirement.--
       ``(A) In general.--Subject to subparagraphs (B) and (C) and 
     paragraph (8), the Director may provide assistance under this 
     subsection only if the applicant for such assistance agrees 
     to match 10 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 serve jurisdictions 
     of 20,000 or fewer residents, the percent applied under the 
     matching requirement of subparagraph (A) shall be 5 percent.
       ``(C) Fire prevention and firefighter safety grants 
     exception.--There shall be no matching requirement for a 
     grant described in paragraph (4).
       ``(7) Maintenance of expenditures.--Subject to paragraph 
     (8), the Director may provide assistance under this 
     subsection only if the applicant for the assistance agrees to 
     maintain in the fiscal year for which the assistance will be 
     received the applicant's aggregate expenditures for the uses 
     described in paragraph (3) or (4) at or above 80 percent of 
     the average level of such expenditures in the 2 fiscal years 
     preceding the fiscal year for which the assistance will be 
     received.
       ``(8) Economic hardship waiver.--
       ``(A) In general.--In exceptional circumstances, the 
     Director may waive or reduce the matching requirement under 
     paragraph (6) and the maintenance of expenditures requirement 
     under paragraph (7) for applicants facing demonstrated 
     economic hardship.
       ``(B) Criteria development.--The criteria under which the 
     Director may waive or reduce such requirements shall be 
     developed in consultation with individuals who are--
       ``(i) recognized for expertise in firefighting, emergency 
     medical services provided by fire services, or the economic 
     affairs of State and local governments; and
       ``(ii) members of national fire service organizations or 
     national organizations representing the interests of State 
     and local governments.
       ``(C) Public availability.--The Director shall make the 
     criteria developed under subparagraph (B) publicly available.
       ``(9) Variety of fire department grant recipients.--
       ``(A) In general.--Of the amounts made available under 
     subsection (e), the Director shall ensure that grants under 
     paragraph (1)(A) for a fiscal year are allocated, to the 
     extent that there are eligible applicants to carry out the 
     activities under paragraph (3), as follows:
       ``(i) 25 percent shall be made available to career fire 
     departments.
       ``(ii) 25 percent shall be made available to volunteer fire 
     departments.
       ``(iii) 25 percent shall be made available to combination 
     fire departments.
       ``(B) Evaluation criteria.--
       ``(i) In general.--In awarding grants under paragraph 
     (1)(A), the Director shall, within each category of 
     applicants under subparagraph (A), consider a broad range of 
     factors important to the applicant's ability to respond to 
     fires and related hazards, such as population served, 
     geographic response area, hazard vulnerability, call volume, 
     financial situation, and need for training or equipment.
       ``(ii) High population and incident response.--In 
     considering such factors under clause (i), applicants serving 
     areas with high population and with a high number of 
     incidents requiring a response shall receive a higher level 
     of consideration.
       ``(iii) Prohibited basis for denial.--In considering such 
     factors under clause (i), the Director may not deny a grant 
     to an applicant solely based on such applicant failing to 
     demonstrate that the grant will be used to prepare for or 
     respond to a terrorism incident or use of a weapon of mass 
     destruction.
       ``(C) Remainder.--Of the amounts made available under 
     subsection (e) that are not allocated for use and awarded 
     under subparagraph (A) or designated for use under any other 
     provision of this section, the Director shall provide for an 
     open competition for grants among career fire departments, 
     volunteer fire departments, and combination fire departments 
     to carry out the activities under paragraph (3).
       ``(10) Report to the director.--The Director may provide 
     assistance under this subsection only if the applicant for 
     the assistance agrees to submit to the Director a report, 
     including a description of how the assistance was used, with 
     respect to each fiscal year for which the assistance was 
     received.
       ``(11) Grant limitations.--
       ``(A) Recipient limitations.--A grant recipient under 
     paragraph (1)(A)--
       ``(i) that serves a jurisdiction with 100,000 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 100,000 
     people but less than 500,000 people may not receive grants in 
     excess of $2,000,000 for any fiscal year;
       ``(iii) that serves a jurisdiction with 500,000 people or 
     more but less than 1,000,000 people may not receive grants in 
     excess of $3,000,000 for any fiscal year;
       ``(iv) that serves a jurisdiction with 1,000,000 people or 
     more but less than 2,500,000 people may not receive grants in 
     excess of $6,000,000 for any fiscal year; and
       ``(v) that serves a jurisdiction with 2,500,000 people or 
     more may not receive grants in excess of $9,000,000 for any 
     fiscal year.
     The Director may award grants in excess of the limitations 
     provided in clauses (i), (ii), (iii), and (iv) if the 
     Director determines that extraordinary need for assistance by 
     a jurisdiction warrants a waiver.
       ``(B) Limitation on expenditures for firefighting 
     vehicles.--Not more than 25 percent of the funds appropriated 
     to provide grants under this section for a fiscal year may be 
     used to assist grant recipients to purchase vehicles, as 
     authorized by paragraph (3)(G).
       ``(C) State fire training academies.--
       ``(i) In general.--In accordance with clause (ii), the 
     Director shall award not more than 3 percent of the amounts 
     made available under subsection (e) for a fiscal year for 
     grants under this subsection for State fire training 
     academies.
       ``(ii) Limitation.--The Director shall--

       ``(I) award not more than 1 grant under this subparagraph 
     per State in a fiscal year;
       ``(II) limit the amount of a grant to a State fire training 
     academy to less than or equal to$1,000,000 in each fiscal 
     year; and
       ``(III) ensure that any grant awarded to a State fire 
     training academy shall be used for the purposes described in 
     paragraphs 3(G), 3(H), or 3(I).

       ``(D) Requirements for grants for emergency medical 
     services.--The Director shall award not more than 2 percent 
     of the amounts made available under subsection (e) for a 
     fiscal year to volunteer, non-fire service EMS and rescue 
     organizations for the purposes described in paragraph (3)(F).
       ``(E) Application of selection criteria to grant 
     applications from volunteer, non-fire service ems and rescue 
     organizations.--In reviewing applications submitted by 
     volunteer, non-fire service EMS and rescue organizations, the 
     Director shall consider the extent to which other sources of 
     Federal funding are available to provide the assistance 
     requested in such grant applications.
       ``(F) Consensus standards.--
       ``(i) In general.--Any grant amounts used to obtain 
     training under this section shall be limited to training that 
     complies with applicable national voluntary consensus 
     standards (if applicable national voluntary consensus 
     standards have been established), unless a waiver has been 
     granted under clause (ii).
       ``(ii) Waiver.--

       ``(I) Explanation for non-standard training.--If an 
     applicant for a grant seeks to use the assistance provided 
     under the grant to obtain training that does not meet or 
     exceed applicable voluntary consensus standards, the 
     applicant shall include in the application an explanation of 
     why such training will serve the needs of the applicant 
     better than training that does meet or exceed such standards.
       ``(II) Procedures.--In making a determination whether or 
     not to waive the requirement under clause (i) with respect to 
     a specific standard, the Director shall, to the greatest 
     extent practicable--

       ``(aa) consult with other members of the fire services 
     regarding the impact on fire departments of the requirement 
     to meet or exceed the specific standard;
       ``(bb) take into consideration the explanation provided by 
     the applicant under subclause (I); and
       ``(cc) seek to minimize the impact of the requirement to 
     meet or exceed the specific standard on the applicant, 
     particularly if meeting the standard would impose additional 
     costs.

       ``(III) Additional requests.--Applicants that apply for a 
     grant under the terms of subclause (I) may include a second 
     grant request in the application to be considered by the 
     Director in the event that the Director does not approve the 
     primary grant request on the grounds of the training not 
     meeting applicable voluntary consensus standards.

       ``(12) Eligible grantee on behalf of alaska native 
     villages.--The Alaska Village Initiatives, a non-profit 
     organization incorporated in the State of Alaska, shall be 
     considered an eligible grantee for purposes of receiving 
     assistance under this section on behalf of Alaska Native 
     villages.
       ``(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 any necessary administrative changes to the grant 
     program.
       ``(14) Guidelines.--
       ``(A) In general.--Each year, prior to ``accepting any 
     application for a grant under each program'' 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;
       ``(ii) an explanation of any differences between the 
     guidelines and the recommendations made pursuant to paragraph 
     (13); and
       ``(iii) the criteria developed under paragraph (8) which 
     the Director will use to evaluate applicants for waivers from 
     program requirements.
       ``(B) Specific requirement.--The criteria for awarding 
     grants under paragraph (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, after consultation with 
     national fire service organizations, shall appoint fire 
     service personnel to

[[Page H13102]]

     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 all costs attributable to any design, purchase 
     of components, assembly, manufacture, and transportation of 
     equipment not otherwise commercially available.
       ``(b) Audits.--A recipient of a grant under this section 
     shall be subject to audits to ensure that the grant proceeds 
     are expended for the intended purposes and that the grant 
     recipient complies with the requirements of paragraphs (6) 
     and (7) of subsection (a) unless the Director has granted a 
     waiver under subsection (a)(8).
       ``(c) Fire Safety Research Centers.--
       ``(1) In general.--The Director may make a grant under 
     subsection (a)(4)(A)(iii) to an institution of higher 
     education, a national fire service organization, or a 
     national fire safety organization to establish and operate a 
     fire safety research center.
       ``(2) Objectives.--A grant received under this subsection 
     shall be used by such an institution or organization to 
     advance significantly the Nation's ability to reduce the 
     number of fire-related deaths and injuries among firefighters 
     and the general public through research, development, and 
     technology transfer activities.
       ``(3) Limitation.--The Director may establish no more than 
     3 fire safety research centers. An institution of higher 
     education, a national fire service organization, or a 
     national fire safety organization may not directly receive a 
     grant under this section for a fiscal year for more than 1 
     fire safety research center.
       ``(4) Application.--In order to be eligible to receive a 
     fire safety research center grant, an institution of higher 
     education, a national fire service organization, or a 
     national fire safety organization shall submit to the 
     Director an application that is in such form and contains 
     such information and assurances as the Director may require.
       ``(5) General selection criteria.--The Director shall 
     select each recipient of a grant under this subsection 
     through a competitive process on the basis of the following:
       ``(A) The demonstrated research and extension resources 
     available to the recipient to carry out the research, 
     development, and technology transfer activities.
       ``(B) The capability of the recipient to provide leadership 
     in making national contributions to fire safety.
       ``(C) The recipient's ability to disseminate the results of 
     fire safety research.
       ``(D) The strategic plan the recipient proposes to carry 
     out under the grant.
       ``(6) Consideration.--The Director shall give special 
     consideration under paragraph (5) to an applicant for a grant 
     that consists of a partnership between a national fire 
     service organization or a national fire safety organization 
     and at least 1 of the following:
       ``(A) An institution of higher education.
       ``(B) A minority-serving institution (defined as an 
     eligible institution under section 371(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1067q(a))).
       ``(7) Research needs.--Within 90 days after the date of 
     enactment of the Fire Grants Reauthorization Act of 2009, the 
     Director shall convene a workshop of the fire safety research 
     community, fire service organizations, and other appropriate 
     stakeholders to identify and prioritize fire safety research 
     needs. The results of the workshop shall be made public, and 
     the Director shall consider such results in making awards 
     under this section.
       ``(d) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Career fire department.--The term `career fire 
     department' means a firefighting department that has an all 
     professional force of firefighting personnel.
       ``(2) Combination fire department.--The term `combination 
     fire department' means a firefighting department that has a 
     combined force of professional and volunteer firefighting 
     personnel.
       ``(3) Director.--The term `Director' means the Director, 
     acting through the Administrator.
       ``(4) 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.
       ``(5) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(6) Volunteer, non-fire service ems and rescue 
     organization.--The term `volunteer, non-fire service EMS and 
     rescue organization' means a public or private nonprofit 
     emergency medical services organization that--
       ``(A) is not affiliated with a hospital;
       ``(B) does not serve a geographic area in which the 
     Director finds that emergency medical services are adequately 
     provided by a fire department; and
       ``(C) is staffed primarily by volunteers.
       ``(7) Volunteer fire department.--The term `volunteer fire 
     department' means a firefighting department that has an all 
     volunteer force of firefighting personnel.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     for the purposes of this section $1,000,000,000 for each of 
     the fiscal years 2010 through 2014.
       ``(2) Administrative expenses.--
       ``(A) In general.--Of the funds appropriated pursuant to 
     paragraph (1) for a fiscal year, the Director may use not 
     more than 3 percent of the funds to cover salaries and 
     expenses and other administrative costs incurred by the 
     Director to make grants and provide assistance under this 
     section.
       ``(B) Formula.--The Director shall subtract the amount to 
     be used for subparagraph (A) from the amount appropriated 
     pursuant to paragraph (1) before making any allocations or 
     apportioning any funds under subsections (a) or (c).''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) from fiscal years 2003 through 2008--
       (A) the funding appropriated for activities under section 
     33 of the Federal Fire Prevention and Control Act of 1974 
     declined by approximately 30 percent; and
       (B) the number of fire departments receiving awards 
     declined by nearly 40 percent, while the number of applicants 
     increased, resulting in a reduction in applicant success 
     rates from over 43 percent to just 25 percent;
       (2) the House-passed conference report for the Department 
     of Homeland Security Appropriations Act, 2010 appropriates 
     $390 million for activities under such section 33, a decrease 
     of over 30 percent below that provided in fiscal year 2009;
       (3) declining funding reduces the Director's ability to 
     successfully carry out the primary purpose of such section, 
     which is to protect the health and safety of the public and 
     firefighting personnel throughout the Nation against fire and 
     fire-related hazards; and
       (4) halting and reversing the decline in appropriations to 
     ensure a high level of funding for the activities under such 
     section 33 should be a top priority.

     SEC. 3. EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE GRANT 
                   PROGRAM REAUTHORIZATION.

       Section 34 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229a) is amended to read as follows:

     ``SEC. 34. EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE GRANT 
                   PROGRAM.

       ``(a) Expanded Authority To Make Grants.--
       ``(1) Hiring grants.--
       ``(A) In general.--The Director shall make grants directly 
     to career, volunteer, and combination fire departments, in 
     consultation with the chief executive of the State in which 
     the applicant is located, for the purpose of increasing the 
     number of firefighters to help communities 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 departments that 
     antedate the creation of the Department of Homeland Security.
       ``(B) Requirements.--
       ``(i) Duration and use.--Grants made under this paragraph 
     shall be for 3 years and shall be used for programs to hire 
     new, additional firefighters.
       ``(ii) Retention.--Grant recipients are required to commit 
     to retaining for at least the entire 3 years of the grant 
     period those firefighters hired under this paragraph.
       ``(iii) Maximum.--The portion of the cost of hiring 
     firefighters provided by a grant under this paragraph may not 
     exceed 80 percent of such cost for each fiscal year.
       ``(C) Preference.--In awarding grants under this 
     subsection, the Director may give preferential consideration 
     to applications that involve a non-Federal contribution 
     exceeding the minimums under subparagraph (B)(iii).
       ``(D) Technical assistance.--The Director may provide 
     technical assistance to States, units of local government, 
     Indian tribal governments, and other public entities in 
     furtherance of the purposes of this section.
       ``(E) Volunteer activities allowed.--Notwithstanding any 
     other provision of law, any firefighter hired with funds 
     provided under this subsection shall not be discriminated 
     against for, or be prohibited from, engaging in volunteer 
     activities in another jurisdiction during off-duty hours.
       ``(F) Competitive basis.--The Director shall award all 
     grants under this section on a competitive basis through a 
     neutral peer review process.
       ``(G) Set aside.--
       ``(i) In general.--At the beginning of the fiscal year, the 
     Director shall set aside 10 percent of the funds made 
     available for carrying out this paragraph for departments 
     with majority volunteer or all volunteer personnel.
       ``(ii) Transfer.--After awards have been made, if less than 
     10 percent of the funds made available for carrying out this 
     paragraph are not awarded to departments with majority 
     volunteer or all volunteer personnel, the Director shall 
     transfer from funds made available for carrying out this 
     paragraph to funds made available for carrying out paragraph 
     (2) an amount equal to the difference between the amount that 
     is provided to such fire departments and 10 percent.
       ``(2) Recruitment and retention grants.--
       ``(A) In general.--In addition to any amounts transferred 
     under paragraph (1)(G)(ii), the Director shall direct at 
     least 10 percent of the total amount of funds made available 
     under this section annually to a competitive grant program 
     for the recruitment and retention of volunteer firefighters 
     who are involved with or trained in the operations of 
     firefighting and emergency response.
       ``(B) Eligibility.--Eligible entities shall include 
     volunteer or combination fire departments and organizations 
     on a local, statewide, or national basis that represent the 
     interests of volunteer firefighters.
       ``(b) Applications.--
       ``(1) In general.--No grant may be made under this section 
     unless an application has been submitted to, and approved by, 
     the Director.

[[Page H13103]]

       ``(2) Contents.--An application for a grant under this 
     section shall be submitted in such form and contain such 
     information and assurances as the Director may prescribe.
       ``(3) Requirements.--At a minimum, each application for a 
     grant under this section shall--
       ``(A) explain the applicant's inability to address 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 
     subparagraphs (B)(ii) and (E) of such subsection;
       ``(C) specify long-term plans for retaining firefighters 
     following the conclusion of Federal 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 minority groups and women in order to increase 
     their ranks within firefighting.
       ``(c) Limitation on Use of Funds.--
       ``(1) Supplement, not supplant.--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 increase the amount of funds 
     that would, in the absence of Federal funds received under 
     this section, be made available from State or local sources, 
     or in the case of Indian tribal governments, from funds 
     supplied by the Bureau of Indian Affairs.
       ``(2) Replacement funding prohibited.--No grant shall be 
     awarded pursuant to this section to a municipality or other 
     recipient whose annual budget at the time of the application 
     for fire-related programs and emergency response has been 
     reduced below 80 percent of the average funding level in the 
     3 years prior to the date of application.
       ``(3) Indian cost-share.--Funds appropriated by the 
     Congress for the activities of any agency of an Indian tribal 
     government or the Bureau of Indian Affairs performing 
     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.
       ``(d) Waiver.--In exceptional circumstances, the Director 
     may waive the requirements of subsections (a)(1)(B)(ii), 
     (a)(1)(B)(iii), (c)(1), and (c)(2) if the Director determines 
     that the jurisdiction is facing demonstrated economic 
     hardship in accordance with section 33(a)(8).
       ``(e) Performance Evaluation.--The Director may require a 
     grant recipient to submit any information the Director 
     considers reasonably necessary to evaluate the program.
       ``(f) Sunset; Reports.--
       ``(1) Sunset.--The authority under this section to make 
     grants shall lapse at the end of the 10-year period that 
     begins on the date of enactment of the Fire Grants 
     Reauthorization Act of 2009.
       ``(2) Report.--Not later than 6 years after such date of 
     enactment, the Director shall submit to Congress a report 
     concerning the experience with, and effectiveness of, such 
     grants in meeting the objectives of this section. The report 
     may include any recommendations the Director may have for 
     amendments to this section and related provisions of law.
       ``(g) Revocation or Suspension of Funding.--If the Director 
     determines that a grant recipient under this section is not 
     in substantial compliance with the terms and requirements of 
     an approved grant application submitted under this section, 
     the Director may revoke or suspend funding of that grant, in 
     whole or in part.
       ``(h) Access to Documents.--
       ``(1) In general.--The Director shall have access 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, persons, businesses, 
     and other entities that are involved in programs, projects, 
     or activities for which assistance is provided under this 
     section.
       ``(2) Application.--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, the term--
       ``(1) `Director' means the Director, acting through the 
     Administrator;
       ``(2) `firefighter' has the meaning given the term 
     `employee in fire protection activities' under section 3(y) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(y)); 
     and
       ``(3) `Indian tribe' means a tribe, band, pueblo, nation, 
     or other organized group or community of Indians, including 
     an Alaska Native village (as defined in or established under 
     the Alaska Native Claims Settlement 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.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated for the purposes of carrying 
     out this section $1,194,000,000 for each of the fiscal years 
     2010 through 2014.''.

     SEC. 4. STUDY AND REPORT.

       (a) Study and Report on Assistance to Firefighters Grant 
     Program.--
       (1) Study.--The Administrator of the United States Fire 
     Administration, in conjunction with the National Fire 
     Protection Association, shall conduct a study to--
       (A) define the current roles and activities associated with 
     the fire services on a national, State, regional, and local 
     level;
       (B) identify the equipment, staffing, and training required 
     to fulfill the roles and activities defined under 
     subparagraph (A);
       (C) conduct an assessment to identify gaps between what 
     fire departments currently possess and what they require to 
     meet the equipment, staffing, and training needs identified 
     under subparagraph (B) on a national and State-by-State 
     basis; and
       (D) measure the impact of the grant program under section 
     33 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229) in--
       (i) meeting the needs of the fire services identified in 
     the report submitted to Congress under section 3603(a) of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005; and
       (ii) filling the gaps identified under subparagraph (C).
       (2) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall submit to 
     ``Congress'' a report on the findings of the study described 
     in paragraph (1).
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator of the United States 
     Fire Administration a total of $300,000 for fiscal years 2010 
     and 2011 to carry out subsection (a).

  The CHAIR. No amendment to that amendment in the nature of a 
substitute shall be in order except those printed in part B of the 
report. Each amendment may be offered only in the order printed in the 
report, by a Member designated in the report, shall be considered as 
read, shall be debatable for the time specified in the report, equally 
divided and controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for division 
of the question.


                  Amendment No. 1 Offered by Ms. Titus

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
part B of House Report 111-340.
  Ms. TITUS. Mr. Chairman, I have an amendment at the desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Ms. Titus:
       Page 6, after line 19, insert the following:
       ``(O) To acquire equipment designed to reduce the amount of 
     water used in firefighting or training firefighting 
     personnel.

  The CHAIR. Pursuant to House Resolution 909, the gentlewoman from 
Nevada (Ms. Titus) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentlewoman from Nevada.

                              {time}  1345

  Ms. TITUS. I yield myself such time as I may consume.
  Mr. Chairman, I rise today with an amendment to H.R. 3791, the Fire 
Grants Reauthorization Act of 2009. I'd like to first thank Chairmen 
Gordon and Thompson for their work on this important legislation and 
Chairwoman Slaughter for making my amendment in order. I appreciate 
their willingness to work with me on this important issue.
  The Fire Grants Reauthorization Act of 2009 will provide much needed 
funding for fire departments across the United States. Since 2001, the 
Fire Grants Program has provided more than $5 billion to local fire 
departments to help them fund the purchase of equipment, train 
firefighters, and hire additional personnel.
  In all of our districts, local governments are struggling with their 
budgets. So these grants are especially important now to help ensure 
that fire departments all across the country are able to access the 
resources they need and provide the critical services that we all 
depend on.
  My amendment to this important legislation is simple. It allows fire 
departments to apply for grant funding to purchase equipment that is 
designed to reduce water usage in fighting fires or in training to 
fight fires. This important expansion will provide fire departments the 
opportunity to purchase pieces of equipment that are not only effective 
in fighting fires, but are also efficient in water usage. By allowing 
and encouraging these purchases, we are helping fire departments not 
only fight fires in a safer way, but also in a way that uses less 
water. Preserving this valuable resource without diminishing 
firefighting safety and capability makes purchases by our local 
governments doubly beneficial.
  In my congressional district in southern Nevada, like in many desert 
communities, water is a valued, precious commodity. As such, it is also 
our most significant limited resource. Accordingly, State and local 
management officials and citizens, especially in the West, are 
constantly working to meet the water demands of a growing population of 
residents and tourists. This provision will help them in that effort to 
improve the efficiency of water usage techniques and technology.

[[Page H13104]]

  In preparing this amendment, I reached out to our local fire chief, 
Chief Steve Smith of the Clark County Fire Department. He informed me 
that with the right equipment, the amount of water used to fight a 
typical fire can be reduced by almost 80 percent. Not only does this 
technology reduce the amount of water required to extinguish a fire, it 
also limits structural damage, the threat of the fire rekindling, and 
runoff of dangerous chemicals into our local sewer systems.
  For all of these reasons, I urge the passage of this amendment. It 
will save water, enhance firefighting abilities, protect property, and 
limit potential damage in the aftermath of fires.
  I reserve the balance of my time.
  Mr. SMITH of Nebraska. Mr. Chairman, I rise to claim time in 
opposition, although I am not opposed to the amendment.
  The CHAIR. Without objection, the gentleman from Nebraska is 
recognized for 5 minutes.
  There was no objection.
  Mr. SMITH of Nebraska. This amendment, as the sponsor indicated, 
would allow grant funds under the AFG program to require equipment 
designed to reduce the amount of water used in firefighting or 
training. This amendment certainly makes sense, particularly in arid 
regions, which may be prone to fires and where water sources are often 
scarce.
  I support this amendment.
  I reserve the balance of my time.
  Ms. TITUS. Mr. Chairman, at this time I would like to yield to the 
chairman of the committee, the gentleman from Tennessee (Mr. Gordon).
  Mr. GORDON of Tennessee. I just want to thank the gentlelady for this 
amendment. I think it demonstrates why having greater consultation 
makes a better bill. You bring unique expertise. We've got a lot more 
water in Tennessee than you have in Nevada. So thank you for this good 
amendment.
  Mr. SMITH of Nebraska. I yield back the balance of my time.
  Ms. TITUS. I'd just like to again thank the chairman and the ranking 
member for their support of this and urge its passage to help save 
water while fighting fires.
  The CHAIR. The question is on the amendment offered by the 
gentlewoman from Nevada (Ms. Titus).
  The amendment was agreed to.


               Amendment No. 2 Offered by Mr. Perlmutter

  The CHAIR. It is now in order to consider amendment No. 2 printed in 
part B of House Report 111-340.
  Mr. PERLMUTTER. Mr. Chair, I have an amendment at the desk that was 
made in order under the rule.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Perlmutter:
       At the end of the bill, add the following new section:

     SEC. 5. NATIONAL VOLUNTARY CONSENSUS STANDARDS.

       (a) Survey by the Department of Homeland Security.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Task Force established under subsection 
     (b), shall begin to conduct a survey of each career fire 
     department, volunteer fire department, and combination fire 
     department located in the United States in order to ascertain 
     whether each fire department is in compliance with the 
     national voluntary consensus standards for staffing, 
     training, safe operations, personal protective equipment, and 
     fitness.
       (2) Contents.--In carrying out the survey, the Secretary 
     shall ascertain, for each fire department in the United 
     States, the rates of compliance with each such standard of--
       (A) career fire departments, volunteer fire departments, 
     and combination fire departments;
       (B) fire departments located in communities of varying 
     sizes; and
       (C) fire departments in each of the States.
       (3) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a summary of the findings of the survey required under 
     paragraph (1), including the rates of compliance under the 
     categories specified under subparagraphs (A), (B), and (C) of 
     paragraph (2).
       (b) Establishment of Task Force to Enhance Firefighter 
     Safety.--
       (1) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     task force to be known as the ``Task Force to Enhance 
     Firefighter Safety'' (in this section referred to as the 
     ``Task Force'').
       (2) Membership.--
       (A) In general.--The Secretary shall appoint members of the 
     Task Force from among the general public and shall include--
       (i) representatives of national organizations representing 
     firefighters and fire chiefs;
       (ii) individuals representing standards-setting and 
     accrediting organizations, including representatives from the 
     voluntary consensus codes and standards development 
     community; and
       (iii) other individuals as the Secretary determines to be 
     appropriate.
       (B) Representatives of other departments and agencies.--The 
     Secretary may invite representatives of other departments and 
     agencies of the United States that have an interest in the 
     fire service to participate in the meetings and other 
     activities of the Task Force.
       (C) Number; terms of service; pay and allowances.--The 
     Secretary shall determine the number, terms of service, and 
     pay and allowances of members of the Task Force appointed by 
     the Secretary, except that a term of service of any such 
     member may not exceed 2 years.
       (3) Responsibilities.--The Task Force shall--
       (A) consult with the Secretary to conduct the survey 
     required under subsection (a); and
       (B) develop a plan to enhance firefighter safety by 
     increasing fire department compliance with national voluntary 
     consensus standards for staffing, training, safe operations, 
     personal protective equipment, and fitness, including by--
       (i) reviewing and evaluating the report required under 
     subsection (a) to determine the extent of and barriers to 
     achieving compliance with national voluntary consensus 
     standards among fire departments; and
       (ii) considering ways in which the Federal Government, 
     States, and localities can promote or encourage fire 
     departments to comply with national voluntary consensus 
     standards.
       (4) Report to congress.--Not later than 6 months after the 
     date on which the Secretary submits the report required under 
     subsection (a)(3), the Task Force shall submit to Congress 
     and the Secretary a report containing the findings and 
     recommendations of the Task Force together with the plan 
     described in paragraph (3)(B).
       (c) Definitions.--
       (1) In general.--The terms used in this section that are 
     defined in sections 4, 33, or 34 of the Federal Fire 
     Prevention and Control Act of 1974 shall have the meaning 
     given such terms in such Act.
       (2) National voluntary consensus standards.--For the 
     purposes of this section, the term ``national voluntary 
     consensus standards'' means the latest edition of the 
     national voluntary consensus standards for firefighter and 
     fire department staffing, training, safe operations, personal 
     protective equipment, and fitness available on the date of 
     the enactment of this Act.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as may be necessary to carry out this section for each 
     of fiscal years 2010 through 2013.

  The CHAIR. Pursuant to House Resolution 909, the gentleman from 
Colorado (Mr. Perlmutter) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Colorado.
  Mr. PERLMUTTER. I want to start by thanking my friend, Bart Gordon; 
David Wu; Ranking Member Ralph Hall; Harry Mitchell; and my friend, 
Adrian Smith, for their leadership on this bill. They have put together 
a strong bill which every Member should feel proud of supporting when 
they speak to their local firefighters.
  Members should be proud this legislation gives those local 
firefighters the resources they need to best keep their communities 
safe and secure. Members should be proud that the training, protective 
equipment, and personnel this bill provides could potentially save the 
lives of those very firefighters. My amendment will, I believe, make 
this bill even better.
  Every year, roughly 100 firefighters die in the line duty. This is a 
tragedy, and each one of those brave men and women is a hero for their 
sacrifice. But we think some of these deaths were preventable, so we 
must act. Studies have shown that all too often a contributing factor 
in their deaths was failure to comply with national voluntary consensus 
standards. These national voluntary standards are developed over years 
of collaboration and debate within the National Fire Protection 
Association, which I will call the NFPA.
  As the independent experts on fire policy, the NFPA has developed 
these standards for over a hundred years to keep communities and the 
firefighters who protect them safe, yet the Federal Government does not 
have a thorough understanding of how fire departments follow various 
NFPA standards. We in the Congress dedicate a great deal of

[[Page H13105]]

time and resources to help our fire departments, but we cannot gauge 
our overall effectiveness without knowing where we are successful and 
where we fall short.
  My amendment authorizes the U.S. Fire Administration to conduct a 
first-of-its-kind survey of our Nation's fire departments to measure 
how well they are adhering to these safety standards. Once the study is 
complete, a task force of industry stakeholders will make 
recommendations to Congress on the methods to increase compliance. 
Especially in the post 9/11 world, where firefighters play a vital role 
in our homeland security, a stronger emergency response capability 
means a weakened threat of terrorist attack.
  I should add that this amendment is nearly identical to my bill, the 
Firefighter Fatality Reduction Act. That bill has broad, bipartisan 
support of 31 Members from rural, urban, and suburban districts. It is 
supported by the International Association of Firefighters, the 
International Association of Fire Chiefs, and the National Fire 
Protection Association.
  This amendment is simple. These safety standards can save 
firefighters' lives. Let us study how well our fire services are using 
these standards and bring in an industry task force to think creatively 
about ways to boost compliance. It's good for our firefighters, it's 
good for our local communities, and it's good for homeland security.
  With that, I reserve the balance of my time.
  Mr. SMITH of Nebraska. I rise to claim time in opposition to the 
amendment, although I do not oppose it.
  The SPEAKER pro tempore. Without objection, the gentleman from 
Nebraska is recognized for 5 minutes.
  There was no objection.
  Mr. SMITH of Nebraska. I would like to ask the gentleman from 
Colorado to enter into a colloquy regarding his amendment--a 
clarification.
  Mr. PERLMUTTER. Yes.
  Mr. SMITH of Nebraska. Thank you. I appreciate that. I thank the 
gentleman for offering the amendment to assess fire department 
readiness through a survey of compliance with national voluntary 
consensus standards for staffing, training, equipment, and other 
factors important to a department's ability to respond to hazards. I do 
support the amendment but would like to seek clarification for the 
Record regarding the gentleman's intent on two aspects of this 
amendment.
  First, I recognize the value of improved data regarding fire 
department compliance with response standards, and I agree that we 
should aspire to help the fire service achieve higher compliance rates. 
However, I think it is important to note that a lack of compliance with 
these standards does not necessarily indicate a problem on the part of 
the department or local municipality.
  There are over 25,000 fire departments in the United States, all 
working under unique circumstances with respect to local hazards, 
populations, mutual aid agreements, operating budgets, and so on. In 
many cases, it simply does not make sense for departments to be in full 
compliance with what the Federal Government would consider full 
compliance with these standards based on their individual 
circumstances, particularly in rural areas where resources are very 
limited.
  For these reasons, I would hope that the task force established by 
this amendment considers these practical barriers to standards 
compliance in making recommendations to Congress regarding how best to 
improve standards compliance. I would just ask the gentleman if he 
would agree with this interpretation.
  Mr. PERLMUTTER. I thank my friend from Nebraska. And yes, I entirely 
agree with him. According to the most recent U.S. Fire Administration 
fire department census, my own State of Colorado has 323 fire 
departments. Of those, 35 are career departments, 165 are volunteer 
departments, and 123 are combination. Each has it own needs, faces its 
own threats, and relies on different funding streams.
  The recent downturn in the economy has hurt fire departments all 
across the country. So, of course, the task force established in this 
amendment should reflect the differences among the three types of 
departments and the challenges that they face.
  As written, my amendment would include on the task force 
``representatives of national organizations representing firefighters 
and fire chiefs.'' It is a reasonable implication that volunteer 
firefighters are included on the task force, and I will work with the 
gentleman to ensure that this is the case. Although needs of each fire 
department are unique, I do feel there are several areas of general 
agreement among them, which is precisely why I propose to establish 
this task force. As I said, I agree with the gentleman and his 
concerns.
  Mr. SMITH of Nebraska. I thank the gentleman from Colorado. Second, 
while the cost of the study called for in the gentleman's amendment is 
not precisely known at this time, it may be a significant undertaking. 
Accordingly, I hope that it is the gentleman's intent that the funding 
for this study, which is authorized by the Secretary of Homeland 
Security, not come out of the core budget for either of these grant 
programs or the budget of the U.S. Fire Administration.
  Does the gentleman agree with this interpretation?
  Mr. PERLMUTTER. Again, I agree with my friend. First, I'd like to 
note this survey is an undertaking which I intend to do similarly to 
the U.S. Fire Administration's periodic census, which determines the 
number of fire departments in the Nation, as well as the number of 
firefighters. The census is done by mail, and I would expect this 
survey to be done similarly or even electronically to save on costs.
  To the specific point about funding, I believe FIRE and SAFER funds 
are best used going to fire departments. I also believe the U.S. Fire 
Administration is cash-strapped. This year's Homeland Security 
Appropriations Act funded it at $45.6 billion. If I were an 
appropriator, I would have doubled that figure.
  To avoid funding this provision through the grants themselves or the 
USFA, I have an additional authorization of appropriation from outside 
those funds. I wish to continue to work with the gentleman to perfect 
and clarify this intent.
  I thank the gentleman from Nebraska and give him notice now to be 
aware of my Colorado Buffaloes next week. We aren't going to a bowl 
game this year, but our bowl game is against the University of 
Nebraska--and we will win.
  Mr. SMITH of Nebraska. I thank the gentleman from Colorado for his 
graciousness, with I guess just one exception. But I appreciate the 
confidence he shows in his college football team.
  I yield back the balance of my time.
  Mr. PERLMUTTER. I yield back the balance of my time.
  The CHAIR. The question is on the amendment offered by the gentleman 
from Colorado (Mr. Perlmutter).
  The question was taken; and the Chair announced that the ayes 
appeared to have it.
  Mr. SMITH of Nebraska. Mr. Chairman, I demand a recorded vote.
  The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on 
the amendment offered by the gentleman from Colorado will be postponed.

                              {time}  1400


                  Amendment No. 3 Offered by Mr. Flake

  The Acting CHAIR (Mr. Serrano). It is now in order to consider 
amendment No. 3 printed in part B of House Report 111-340.
  Mr. FLAKE. Mr. Chairman, I have an amendment at the desk, designated 
as No. 3.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Flake:
       At the end of the bill, add the following new section:

     SEC. 5. PROHIBITION ON EARMARKS.

       None of the funds appropriated to carry out the amendments 
     made by this Act may be used for a congressional earmark as 
     defined in clause 9, of Rule XXI of the rules of the House of 
     Representatives of the 111th Congress.

  The Acting CHAIR. Pursuant to House Resolution 909, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. I thank the Chair.
  This amendment would simply prohibit the Assistance to Firefighters 
Grant program and the SAFER grant

[[Page H13106]]

program from ever being used as vehicles for earmarking. As my 
colleagues are likely aware, I have offered a similar amendment several 
times this year. It's been adopted this year six times by voice vote 
and again by a roll call vote at least once.
  As before, H.R. 3791 stipulates that the grant programs it authorizes 
are to be run on a competitive basis or on some basis based on need. 
While we have language prohibiting earmarking in there somewhat, this 
may seem redundant, but we all know that just because grant programs 
are labeled competitive doesn't mean that they won't be vehicles for 
earmarking.
  In fact, we've had in some other programs, like FEMA's Pre-Disaster 
Mitigation program, that's a competitive grant program designed to save 
lives and reduce property damage by providing funds for hazard 
mitigation planning, acquisitions, and relocation of structures out of 
the flood plain; unfortunately, that program, although it's supposed to 
be competitive, has been completely earmarked, like 100 percent of the 
funds have been earmarked. We want to prevent that from happening here.
  If we're going to establish a grant program and call it a competitive 
program, we need to ensure that it is, indeed, competitive. That's what 
this amendment seeks to do.
  With that, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I rise to claim time in 
opposition to the amendment, although I am not in opposition to the 
amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield myself such time as I 
may consume.
  I have no objections to this amendment. I want to point out that the 
underlying programs or competitive grant programs are peer reviewed by 
members of the fire service.
  I yield back the balance of my time.
  Mr. FLAKE. I yield 1 minute to the gentleman from Nebraska (Mr. 
Smith).
  Mr. SMITH of Nebraska. Mr. Chairman, I rise in support of this 
amendment. The Assistance to Firefighters Grants (AFG) and SAFER grant 
program have not been subject to earmarking and, instead, have been 
awarded to the applicants which are determined to have the greatest 
need. This process of awarding grants based on merit has proven 
effective for this program. Allowing these funds to be allocated 
through earmarking would pit those districts in need against those with 
the most powerful Members of Congress. I believe this would be a 
disservice to the American taxpayer. Mr. Flake's amendment will ensure 
that the funding, which we are authorizing here today for the grant 
programs for firefighters, continues to be allocated through a 
competitive process based on need.
  I urge my colleagues to support this amendment.
  Mr. FLAKE. I thank the chairman of the subcommittee and also the 
ranking minority member for supporting the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. GORDON of Tennessee. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Arizona will 
be postponed.


                 Amendment No. 4 Offered by Mr. Holden

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in part B of House Report 111-340.
  Mr. HOLDEN. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Holden:
       Page 24, strike line 18 and all that follows through page 
     25, line 3 and insert the following:
       ``(6) Volunteer, non-fire service ems and rescue 
     organization.--
       ``(A) In general.--The term `volunteer, non-fire service 
     EMS and rescue organization' means a public or private 
     nonprofit emergency medical services organization that--
       ``(i) is not affiliated with a hospital;
       ``(ii) does not serve a geographic area in which the 
     Director finds that emergency medical services are adequately 
     provided by a fire department; and
       ``(iii) is staffed primarily by volunteers.
       ``(B) Inclusion.--Such term includes a river rescue 
     organization if such organization otherwise meets the 
     definition in subparagraph (A).
       Page 25, after line 7, insert the following:
       ``(8) River rescue organization.--The term `river rescue 
     organization' means an organization that provides emergency 
     search and rescue services to a person affected by a flood, a 
     water-related accident, or another disaster for which 
     services, including water rescue and patrol, dive rescue and 
     recovery, emergency first response, flood recovery, or fire 
     and rescue services on the water, are required.

  The Acting CHAIR. Pursuant to House Resolution 909, the gentleman 
from Pennsylvania (Mr. Holden) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. HOLDEN. Thank you.
  First of all, Mr. Chairman, I would like to congratulate and thank 
Chairman Gordon and the gentleman from Nebraska for their hard work on 
this important piece of legislation. It has been tremendously 
successful all across the country and in the Commonwealth of 
Pennsylvania and in my congressional district.
  Mr. Chairman, the purpose of my amendment is to allow river rescue 
associations to participate in the grant program under the Volunteer, 
Non-Fire Service EMS and Rescue Organizations section of the 
reauthorization.
  Mr. Chairman, this situation was brought to my attention by Mr. Steve 
Ketterer of the Harrisburg River Rescue Association, which is the 
capital city of the Commonwealth of Pennsylvania and the largest city 
in my congressional district. It sits on the Susquehanna River, and the 
Harrisburg River Rescue Association does a tremendous job all year 
long, not just in flooding situations, performing rescue operations on 
the Susquehanna River. They have applied repeatedly to this program for 
a grant and have been determined to be ineligible. My amendment simply 
would make river rescue associations eligible under the Volunteer, Non-
Fire Service EMS and Rescue Organizations section of the bill.
  At the direction of the chairman and his staff, we have reached out 
and have had consultation with the International Association of Fire 
Fighters and the National Volunteer Fire Council. Both groups are 
satisfied with the amendment making river rescue eligible under the 
rescue organization section of the bill and felt it did not harm either 
the intention or the compromise of the bill. This would not take any 
funding from firefighters. This makes them eligible for funding under 
the EMS funding.
  So I would encourage adoption of the amendment and reserve the 
balance of my time.
  Mr. SMITH of Nebraska. Mr. Chairman, I rise to claim time in 
opposition to the amendment, although I am not opposed to the 
amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized 5 
minutes.
  There was no objection.
  Mr. SMITH of Nebraska. Mr. Chairman, this amendment would simply 
clarify that river rescue organizations will be eligible to apply for a 
grant under the program authorized by the bill. I have no objections to 
this amendment.
  I yield back the balance of my time.
  Mr. HOLDEN. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Holden).
  The amendment was agreed to.


                 Amendment No. 5 Offered by Mr. Cardoza

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in part B of House Report 111-340.
  Mr. CARDOZA. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Cardoza:
       Page 12, line 24, insert ``including unemployment rate of 
     the area being served'' after ``financial situation''.


[[Page H13107]]


  The Acting CHAIR. Pursuant to House Resolution 909, the gentleman 
from California (Mr. Cardoza) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. CARDOZA. Thank you, Mr. Chairman. I yield myself such time as I 
may consume.
  Mr. Chairman, my district in California has been especially hard hit 
by the current economic crisis. Even if nationwide indicators begin to 
reveal a healthier national economy in the coming months, it is clear 
that my district and others in California's Central Valley region will 
suffer from severe economic underdevelopment for years to come. The 
18th Congressional District's struggling economy is the reason I 
continue to try to use every available opportunity to push for 
amendments and legislation that will spur job creation and economic 
development and provide relief to the hardest-hit communities in the 
country. The Bureau of Labor Statistics ranks the metro area of Merced, 
Modesto, and Stockton with some of the highest unemployment rates in 
the Nation. All three are above 15 percent, and all three well above 
the national unemployment rate of 10.2 percent.
  My amendment simply provides a little more direction during the grant 
writing process by including unemployment rates in the criteria used to 
evaluate these various grant applications. This will provide a little 
extra help to communities like Los Banos and Merced to maintain and 
improve their fire protection services. These and many other cities in 
my district and across the country have critical needs that they cannot 
meet under the current financial stress that they are having. Instead 
of hiring additional personnel and boosting employment, they are forced 
to lay off valuable employees and risk the safety of their communities.
  I ask my colleagues on both sides of the aisle to support this 
commonsense amendment.
  I reserve the balance of my time.
  Mr. SMITH of Nebraska. Mr. Chairman, I rise to claim time in 
opposition to the amendment. Although I am not necessarily opposed to 
this, I do have some concerns.
  The Acting CHAIR. Without objection, the gentleman from Nebraska is 
recognized for 5 minutes.
  There was no objection.
  Mr. SMITH of Nebraska. Thank you, Mr. Chairman.
  This amendment would require that local unemployment rates be 
considered as a factor in awarding grants to fire departments. While I 
understand the current state of the economy should make this a concern 
in bills we consider, the Fire grant program has, since its inception 8 
years ago, awarded grants competitively based upon the potential of the 
applicant's proposal to enhance a fire department's ability to respond 
to fires and related hazards. I am somewhat concerned that this change 
may result in an upset in the delicate balance of consideration that 
has been achieved over the years.
  The factors used by FEMA in evaluating these proposals have been 
carefully developed and refined in consultation with national fire 
service organizations. They include, for example, a department's 
geographic response area, its population served, unique hazard 
vulnerabilities, and its budgetary situation. All of these factors 
directly impact the department's ability to respond to hazards and, 
thus, are appropriate criteria.
  I believe the gentleman's amendment is well intentioned, but I am 
concerned that the unemployment rate of the locality a department 
protects is simply not directly related to fire hazards or the 
department's ability to respond to them. While a fire department's 
operating budget could potentially be indirectly impacted by a poor 
local economy that impacts tax revenues, this factor is already 
explicitly noted in the legislation based on need.
  Further, I would caution generally against the practice of Congress 
dictating the specific criteria to be used by FEMA in making awards. 
This bill codifies consideration of high-level factors that were 
developed by the fire service and are currently used by FEMA, but it 
does not attempt to incorporate new ones based on particular interests. 
If we begin to open up this program to congressional direction of this 
sort, we risk adding a level of prescription that could transform the 
current highly competitive process to one driven by interests unrelated 
to the needs of the fire service.
  I reserve the balance of my time.
  Mr. CARDOZA. Mr. Chairman, I will respond to my friend and colleague 
that we have taken and watered this language down so that it applies to 
all areas. Severe unemployment is only one of many criteria that can be 
considered and only when the situation is a desperate situation.
  We talked about our area in central California being the Katrina of 
California where we have such devastating consequences that we may not 
be able to meet some of our fire needs in our communities as they just 
collapsed financially. So if we find situations where we're not meeting 
the fire protection needs of those communities, we think that it's very 
important. This has just become one of many criteria in evaluating 
these grants. Not the sole criteria, not the most important criteria, 
but certainly to allow those individuals who are making the decisions 
to just take this into consideration. That's the purpose of my 
amendment.
  The communities of Merced and Los Banos, in particular, have 
contacted my office, indicating that this is something they feel is a 
necessary imperative. But I can imagine cities across the country--
Miami, Detroit, other places--where they may find themselves in similar 
kinds of economic situations. It might be your State by the time this 
bill becomes law.
  So I would just say that I think it's something that is important for 
everyone to have as a capability to be taken into consideration. It's 
not something that will override the other considerations that the 
gentleman has outlined.
  I yield back the balance of my time.
  Mr. SMITH of Nebraska. Mr. Chairman, I certainly want to be sensitive 
to the economic conditions that hit some parts of the country harder 
than others, and I want to be mindful of the wise use of resources at 
the Federal level. I don't want to get into other policies that might 
impact our economy in any a very negative way. I don't have enough time 
to do that right now. But I certainly hope that we can arrive at good 
policy decisions today and down the road so that we don't stand in the 
way of the wise use of government and taxpayer resources.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Cardoza).
  The amendment was agreed to.
  Mr. GORDON of Tennessee. Mr. Chairman, I move that the Committee do 
now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Jackson of Illinois) having assumed the chair, Mr. Serrano, Acting 
Chair of the Committee of the Whole House on the State of the Union, 
reported that that Committee, having had under consideration the bill 
(H.R. 3791) to amend sections 33 and 34 of the Federal Fire Prevention 
and Control Act of 1974, and for other purposes, had come to no 
resolution thereon.

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