[Senate Report 111-235]
[From the U.S. Government Publishing Office]
Calendar No. 488
111th Congress Report
2d Session SENATE 111-235
_______________________________________________________________________
FIRE GRANTS REAUTHORIZATION
ACT OF 2010
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3267
TO IMPROVE THE PROVISION OF ASSISTANCE TO FIRE DEPARTMENTS, AND FOR
OTHER PURPOSES
July 28, 2010.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana GEORGE V. VOINOVICH, Ohio
CLAIRE McCASKILL, Missouri JOHN ENSIGN, Nevada
JON TESTER, Montana LINDSEY GRAHAM, South Carolina
ROLAND W. BURRIS, Illinois
EDWARD E. KAUFMAN, Delaware
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Jason T. Barnosky, Professional Staff Member
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Jessica L. Baetjer, Minority Professional Staff Member
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 488
111th Congress Report
SENATE
2d Session 111-235
======================================================================
FIRE GRANTS REAUTHORIZATION ACT OF 2010
_______
July 28, 2010.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3267]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3267) to improve
the provision of assistance to fire departments, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................7
IV. Section-by-Section Analysis......................................7
V. Evaluation of Regulatory Impact.................................11
VI. Congressional Budget Office Cost Estimate.......................11
VII. Changes in Existing Law Made by the Bill, as Reported...........13
I. Purpose and Summary
S. 3267 reauthorizes appropriations for the Assistance to
Firefighters Grants and the Staffing for Adequate Fire and
Emergency Response grants program. The bill also makes changes
to both programs, most significantly by amending the formula
for allocating funding to fire departments from the Assistance
to Firefighters Grants and by adding a number of provisions to
promote greater accountability in both programs.
II. Background and Need for the Legislation
S. 3267 reauthorizes two grant programs designed to enhance
the ability of fire departments to protect the public from
fires and other hazards: the Assistance to Firefighters Grants
(AFG) and the Staffing for Adequate Fire and Emergency Response
grants program (SAFER). These programs help protect the health
and safety of the public and firefighters by offering
competitive grants directly to fire departments, emergency
medical services (EMS) organizations, and other organizations.
Since 2001, the two programs have provided more than $6 billion
in funding directly to fire departments and other organizations
across all 50 States, the District of Columbia and Puerto Rico.
Both AFG and SAFER are administered by the Department of
Homeland Security's (DHS's) Federal Emergency Management Agency
(FEMA), which relies on the United States Fire Administration
(USFA), one of its component entities, for subject matter
expertise.
Congress created the AFG grant program in 2000 as part of
the FY2001 National Defense Authorization Act\1\ and
reauthorized the program in 2004 as part of the Ronald W.
Reagan National Defense Authorization Act for FY2005.\2\ The
provisions governing the program are codified in section 33 of
the Federal Fire Prevention and Control Act of 1974 (FFPCA), 15
U.S.C. Sec. 2229. Also known as ``FIRE grants'' in reference to
the short title of the original legislation proposing the
grants (the Firefighter Investment and Response Enhancement
Act),\3\ the AFG program sought to provide much needed
assistance directly to local fire departments to support those
departments' lifesaving and safety efforts. Recipients can use
AFG awards for a number of purposes, including to purchase
firefighting equipment or vehicles or to fund training,
wellness and fitness programs. Section 33 of the FFPCA also
authorizes the use of funds to support fire prevention and
safety programs as well as firefighter safety research and
development. Grants for these purposes have developed into a
distinct program within AFG known as the Fire Prevention and
Safety (FP&S) grant program.
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\1\P.L. 106-398.
\2\P.L. 108-375.
\3\S. 1941, S. 1899, and H.R. 1168 (106th Congress).
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The AFG program focuses primarily on providing equipment
and training. Departments nationwide, however, also face
challenges with hiring, recruitment, and retention of qualified
personnel. The USFA's 2002 Needs Assessment of the U.S. Fire
Service, for example, found that many departments lacked the
minimum number of firefighters needed to safely fight structure
fires.\4\ In response, Congress created the SAFER program in
2003, authorizing grants for two purposes: (1) hiring
additional firefighters to help ensure departments have
adequate staffing and (2) recruitment and retention of
volunteer firefighters.\5\
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\4\U.S. Fire Administration, A Needs Assessment of the U.S. Fire
Service, FA-240, December 2002, p. iv.
\5\SAFER was signed into law as part of the FY2004 National Defense
Authorization Act (P.L. 108-136). It is codified as section 34 of the
FFPCA, 15 U.S.C. Sec. 2229a.
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Both AFG and SAFER have proven effective in awarding
necessary assistance and building preparedness. A 2003 U.S.
Department of Agriculture assessment, for example, commended
AFG for effectively improving the readiness and capabilities of
firefighters.\6\ And in 2009 the Government Accountability
Office (GAO) reported that AFG and SAFER successfully met key
statutory and program requirements while distributing funds to
fire departments struggling to meet their responsibilities.\7\
Analysis from the AFG program office supports these
conclusions, finding that between FY2004 and FY2006 firefighter
injuries increased 6.1 percent nationally but decreased 6.2
percent in communities that received AFG funding. Over the same
time period, civilian casualties decreased only 3.26 percent
nationally but fell more than three and a half times that--11.4
percent--in communities that received AFG funding.
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\6\U.S. Department of Agriculture, Executive Potential Program Team
6, Survey, Assessment, and Recommendations for the Assistance to
Firefighters Grant Programs, January 31. 2003. This study was conducted
as part of the USDA's Leadership Development Executive Potential
Program.
\7\GAO, Fire Grants, passim.
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Fire departments nationwide have an acute need for AFG and
SAFER grants. As of 2006, for example, the USFA estimated that
60 percent of fire departments lacked sufficient self-contained
breathing apparatus to equip all firefighters on a shift and
that 65 percent did not have enough portable radios.\8\ The
USFA similarly found in 2007 that volunteer departments faced
serious challenges in finding and keeping the members needed to
sustain their services.\9\
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\8\U.S. Fire Administration, Four Years Later--A Second Needs
Assessment of the U.S. Fire Service, FA-303, October 2006, p. vi and
vii.
\9\U.S. Fire Administration, Retention and Recruitment for the
Volunteer Emergency Services: Challenges and Solutions, FA-310, May
2007, passim.
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These shortcomings occur as the demands placed on fire
departments have increased and their responsibilities expanded.
In recent decades, for example, fire departments have
increasingly assumed responsibility for medical emergencies,
with medical aid responses by fire departments tripling from
1980 to 2007.\10\ Post-9/11, fire departments have also been
asked to take on additional, front line roles in the
preparedness for and response to terrorism and other homeland
security threats.
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\10\GAO, Fire Grants: FEMA Has Met Most Requirements for Awarding
Fire Grants, but Additional Actions Would Improve Its Grant Process,
GAO-10-64, October 2009, p. 2.
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Not surprisingly, each year the grants sought under the AFG
and SAFER programs far exceed the available funds. In FY2009,
fire departments and other entities applied for a total of
$4.42 billion in AFG and SAFER grants--more than five and a
half times the $775 million available.
Given the great need for and success of the AFG and SAFER
programs, the Committee has concluded that both programs
warrant reauthorization. S. 3267 would do just that, extending
the programs through FY2015, and thereby enabling FEMA to
continue providing fire departments with much-needed resources.
The bill maintains both programs' general competitive grant
structure and purposes but also makes some changes to both
programs to better address current realities and reflect
lessons learned since the programs were first enacted.
Allocation of funds
S. 3267 makes several changes to how AFG grant funds are
allocated to provide for a more equitable distribution of
funding. When the AFG program was originally enacted, there was
concern that typically larger, more urban career departments
would dominate the process and lay claim to a disproportionate
share of the funds. The law therefore included a guarantee that
volunteer and so-called ``combination'' departments (which
include both career and volunteer firefighters) would receive a
percentage of grant funds no less the percentage of the
population they protect. For FY2009, for example, this meant
that volunteer departments could receive no less than 22
percent of the available AFG funds and that combination
departments could receive no less than 33 percent. These
minimums, of course, also act as a ceiling for career
departments, guaranteeing that they can receive no more than 45
percent of the available funding.
Career departments did not end up receiving
disproportionate funding in comparison to combination or
volunteer departments. In FY2008, for example, career
departments protected an estimated 45 percent of the
population, combination departments protected 34 percent, and
volunteers protected 21 percent.\11\ Yet 19 percent of AFG
funds went to career departments, 27 percent went to
combination departments, and 48 percent went to volunteer
departments. As Table 1 illustrates, this distribution pattern
is largely consistent with previous years.
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\11\National Fire Protection Association, U.S. Department Profile
Through 2007, November 2008, p. 18.
TABLE 1: PERCENTAGE OF AFG FUNDS AWARDED BY DEPARTMENT TYPE, FY2002-2008
----------------------------------------------------------------------------------------------------------------
Paid on call/
Career Combination Volunteer stipend
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FY2008...................................... 19 27 48 6
FY2007...................................... 15 29 49 6
FY2006...................................... 12 25 56 6
FY2005...................................... 18 24 52 5
FY2004...................................... 17 23 56 5
FY2003...................................... 17 22 62 0
FY2002...................................... 21 24 54 0
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Source: GAO and FEMA
S. 3267 adjusts the funding allocations to respond to the
experience of the last 8 years, establishing a minimum
allocation of 25 percent of the available funds for each of the
three types of departments--career, combination, and volunteer
departments. The remaining 25 percent of the funding is
available to be awarded to any type of department or to certain
other organizations. This calibrated change reflects a more
balanced approach to the allocation of AFG grants. It is
intended to provide for an equitable distribution that is
better aligned with risk, with career departments getting a
minimum share of funding more closely commensurate with the
larger portion of the population that they protect, while at
the same time ensuring that all types of departments are
guaranteed a fair share of funding and that all departments
have an opportunity to compete for resources.
Grants to individual departments are to continue to be
competitively awarded within this framework. Largely reflecting
current FEMA practice, S. 3267 directs FEMA to consider several
factors when distributing funding, including the findings of
the peer review process described below; the extent to which a
grant will reduce deaths, injuries, and property damage by
reducing the risk of fire and other hazards; the extent of the
need of a department as well as the need to protect the nation
as a whole; and the call volume received by a department. The
Committee believes that this competitive process, incorporating
a range of risk factors, will help ensure that grant funds go
where they are most needed and will be most effective.
To ensure appropriate emphasis on fire prevention and
safety measures, which are vulnerable to neglect amid the
pressure on fire departments to meet basic needs for equipment
and staff, S. 3267 also raises the minimum amount of funding
required to be dedicated to FP&S grants from 5 percent to 10
percent of the available funding. As is the case under current
law, FP&S funds grants may be awarded not only to fire
departments but also to other state, local, and tribal
organizations as well as to nonprofit organizations. Nonprofit
organizations must be recognized for their experience and
expertise in fire prevention or fire safety to be eligible to
receive FP&S grants. Previous nonprofit recipients of FP&S
grants include such groups as the International Association of
Arson Investigators and certain chapters of the American Red
Cross. In addition, S. 3267 for the first time authorizes FP&S
grants to support joint programs between national fire service
organizations and institutions of higher education, including
the establishment of fire safety research centers.
With respect to EMS funding, the bill retains the existing
requirements that fire department-based and nonaffiliated EMS
organizations\12\ must receive no less than 3.5 percent of
available funds, with the caveat that non-affiliated EMS
organizations may receive no more than 2 percent of the total
available funds.\13\
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\12\S. 3267 retains the existing FFPCA definition of a a
nonaffiliated EMS organization as ``a public or private nonprofit
emergency medical services organization that is not affiliated with a
hospital and does not serve a geographic area in which the
Administrator of FEMA finds that emergency medical services are
adequately provided by a fire department.''
\13\Funding for fire department-based EMS and FP&S funding provided
to volunteer, combination, or career fire departments would be counted
toward the 25 percent minimum share of total grant funding that each
type of department is guaranteed.
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Finally, S. 3267 specifies that FEMA can use up to 5
percent of appropriated funds for administrative costs. Though
nominally an increase from the existing language of the
statute, this amount is consistent with the instructions in the
Department of Homeland Security appropriations acts each of the
last several years and reflects the costs associated with the
program's extensive peer review process and provision of
technical assistance to grant applicants. The administrative
funds are intended to be taken off the top of the appropriated
amount, and all further percentages to be allocated are based
on the remaining available funds.
Accountability
S. 3267 puts in place a number of provisions designed to
promote accountability. Given the fiscal challenges the United
States will face in the years ahead, the Committee believes
that it is especially important to ensure that grant funds are
used effectively. The accountability measures included in S.
3267 will help direct federal resources where they are truly
needed and able to make a measurable contribution to fire
safety and prevention and to national preparedness.
To this end, S. 3267 requires the establishment of
performance assessment systems for AFG and SAFER. These systems
must include quantifiable metrics that allow FEMA to evaluate
whether the grants are achieving their intended purposes. FEMA
must also submit reports to Congress on the effectiveness of
these programs. In addition, S. 3267 prohibits any funding
appropriated for AFG and SAFER from being earmarked. The
Committee intends for all funding under the programs to be
allocated competitively and for the intended purposes of these
programs.
As another means of promoting accountability, S. 3267
continues to require that, in most instances, grant applicants
agree to match a percentage of the funds sought. In some cases,
S. 3267 adjusts the level of match required in current law, and
the bill, in recognition of the current economic straits faced
by many state and local governments, permits the FEMA
Administrator increased flexibility to waive the match in
appropriate circumstances. Nonetheless, the Committee believes
that the match requirement is an important element of these
grant programs. By requiring an investment from fire
departments or local governments, matches encourage applicants
to propose high-quality projects to which they are seriously
committed. In this way, grant projects become a partnership
between federal and state and local officials.
S. 3267 also codifies the peer review process that has been
used successfully throughout the life of the AFG and SAFER
programs to identify the most worthwhile of the tens of
thousands of grants applications submitted. In reviewing
applications, FEMA carries out a three-stage review.
Applications first pass through an automated scoring process in
which they are ranked relative to funding priorities identified
in the grant guidance. A peer review panel composed of active
fire service professionals then reviews them. Finally, FEMA
subject matter experts conduct technical evaluations. In
addition to putting this process into statute S. 3267 would
also codify a practice that FEMA reports it has increasingly
used during the peer review panel, whereby personnel from
career departments to review AFG applications from career
departments, combination personnel to review combination
department applications, and volunteer personnel to review
volunteer department applications. The Committee believes that
this practice has strengthened the review process, ensuring
that departments have their applications evaluated by
individuals with the best understanding of their challenges and
needs, and that grant funds go to the most deserving and
effective destinations.
Additional changes
S. 3267 makes two changes to just the SAFER program. First,
it simplifies the program's match requirement, which currently
escalates over four years, from a required 10 percent match in
the first year to a 70 percent required match in the fourth
year. S. 3267 replaces this structure with a 25 percent match
over three years. This change will make it easier for fire
departments to budget and reduce the risk that they will be
unable to meet the match in later years.
Second, S. 3267 provides the FEMA Administrator with the
ability to waive SAFER requirements, such as the match, in
cases of demonstrated economic hardship. It directs the FEMA
Administrator to publish guidelines for determining what
constitutes economic hardship. The Committee believes that this
provision will help ensure that departments in struggling
communities continue to be able to apply for funding while
limiting the waiver only to those in the most difficult
circumstances.
Finally, S. 3267 puts in place a sunset provision. After
October 31, 2015, the changes S. 3267 made will no longer
apply. Unless Congress acts to renew the changes, sections 33
and 34 of the Federal Fire Prevention and Control Act of 1974,
with some minor exceptions, will revert to as they were before
the enactment of this bill. The sunset provision is designed to
force Congress to evaluate the changes S. 3267 makes before
reauthorizing the fire grants. If the changes are found to be
ineffective, the programs will either revert to their earlier
structures or Congress will need to enact new provisions. To
assist Congress in this assessment, FEMA is required to submit
reports a year before the sunset would take effect that include
recommendations on whether the changes made by S. 3267 to AFG
and SAFER should be extended. In addition, the bill requires
GAO to conduct an assessment of the changes made by S. 3267,
evaluating their impact on the effectiveness, relative
allocation, accountability and administration of the grants
awarded.
III. Legislative History
Senators Dodd, Collins, Lieberman, McCain, and Carper
introduced S. 3267 on April 27, 2010. The bill was referred to
the Senate Committee on Homeland Security and Governmental
Affairs. The Committee considered S. 3267 on April 28, 2010 and
ordered it reported favorably by voice vote with an amendment
by Senator Levin, which was also adopted by a voice vote. The
amendment directed that in developing guidelines for waivers
for certain grant requirements the FEMA Administrator consider
whether an area has a high unemployment rate relative to the
national rate. Present for the vote on S. 3267 were Senators
Lieberman, Akaka, Carper, Pryor, McCaskill, Burris, Kaufman,
Collins, Coburn, McCain, and Graham. Present for the vote on
the Levin Amendment were Senators Lieberman, Levin, Akaka,
Carper, Pryor, McCaskill, Burris, Kaufman, Collins, Coburn,
McCain, and Graham.
The House of Representatives passed a bill (H.R. 3791) on
November 18, 2009 that reauthorized the AFG and SAFER programs.
IV. Section-by-Section Analysis
Section 1. Short title
This section provides the bill's short title, Fire Grants
Reauthorization Act of 2010.
Section 2. Amendments to definitions
This section updates the definitions section of the Federal
Fire Prevention and Control Act (15 U.S.C. Sec. 2203). For
example, it changes the title of the head of FEMA from Director
to the current title Administrator and aligns the definition of
State with that used in the Homeland Security Act.
Section 3. Assistance to firefighters grants
This section replaces the existing language in Section 33
of the Federal Fire Prevention and Control Act (15 U.S.C.
Sec. 2229), making both substantive and technical changes to
that section.
Subsection (a) amends the definitions that apply in Section
33 of the Act. This subsection includes a definition of
combination fire departments that provides that departments
with paid-on-call firefighting personnel in addition to
volunteer personnel are to be considered combination
departments for the purposes of this section.
Subsection (b) gives the FEMA Administrator, acting in
consultation with the U.S. Fire Administrator, the authority to
award Assistance to Firefighters Grants (AFG) and Fire
Prevention & Safety Grants (FP&S). It also requires the
Administrator to establish specific criteria for grant
recipients and to provide assistance with application
preparation to grant applicants.
Subsection (c) authorizes the FEMA Administrator to award
AFG grants on a competitive basis to fire departments to
protect the public and firefighting personnel from fire, fire-
related and other hazards and to award grants to emergency
medical service (EMS) organizations and to state fire training
academies for certain purposes. In addition, the subsection
also specifies the maximum grant awards for fire departments
serving communities of various sizes, increasing the existing
caps on these grants, particularly for departments that serve
larger communities with the proviso that no recipient may
receive more than 1 percent of the total available grant
funding. This subsection also sets out the permissible uses for
AFG grants.
Subsection (d) authorizes the FEMA Administrator to award
FP&S grants on a competitive basis to fire departments to
assist fire prevention programs and firefighter health and
safety research and development programs. The FEMA
Administrator may also award grants to national, state, local,
tribal and nonprofit organizations other than fire departments
that are recognized for their experience and expertise in fire
prevention or fire safety, and to support joint programs
between national fire service organizations and institutions of
higher education, including the establishment of fire safety
research centers. In addition, the subsection provides for a
maximum amount of $1.5 million for a grant under this section
(an increase from the $1 million limit in existing law) and
specifies the permissible uses of FP&S grants.
Subsection (e) describes the elements required in grant
applications under this section. It also provides for joint or
regional applications from two or more entities for shared
equipment or vehicles in order to promote regional cooperation
and avoid duplicative efforts among neighboring communities.
Subsection (f) directs the FEMA Administrator to appoint
fire service and EMS personnel to conduct peer reviews of
applications under this section.
Subsection (g) directs the FEMA Administrator to consider a
variety of factors in awarding grants, including the
recommendation of the peer reviews conducted under subsection
(f); the degree to which an award will reduce risks associated
with fire-related and other hazards; the needs of an applicant
and the need to protect the country as a whole; and the volume
of calls received by an applicant. It also requires the FEMA
Administrator to ensure that volunteer, career and combination
fire departments each receive at least 25 percent of the
available grant funds.
Subsection (h) requires that not less than 3.5 percent of
available grant funds be awarded for emergency medical
services; that a maximum of 2 percent of available grant funds
be awarded for non-fire-department-based EMS organizations;
that a minimum of 10 percent be awarded for FP&S grants; that a
maximum of 3 percent be awarded to state fire training
academies; and that no more than 25 percent of the available
grant funds be used to assist in the purchase of vehicles.
Subsection (i) sets out factors the FEMA Administrator must
consider in awarding certain grants under this section. It also
directs the FEMA Administrator to take actions to prevent the
unnecessary duplication of grant awards received through other
federal programs.
Subsection (j) requires that applicants for AFG grants
match grant awards with non-federal amounts equal to at least
15 percent of the grant award, except that fire departments
that serve communities between 20,000 and 50,000 people would
be required to provide a match of 10 percent and departments
that serve communities with 20,000 people or fewer would be
required to provide a 5 percent match. For FP&S applicants, a 5
percent match is required. This subsection also requires
applicants to maintain their related expenditures at not less
than 80 percent of the average amount of such expenditures in
the two years prior to receiving the grant. The FEMA
Administrator can waive or reduce these requirements in cases
of demonstrated economic hardship. The FEMA Administrator must
publish guidelines for determining what constitutes economic
hardship.
Subsection (k) provides that each year, before awarding
grants, the FEMA Administrator has to publish guidelines in the
Federal Register describing the application process and the
criteria that will be used for selecting grant recipients. It
also requires the FEMA Administrator to convene a meeting of
qualified members of national fire service and EMS
organizations each year to obtain recommendations regarding the
criteria for awarding grants under this section.
Subsection (l) provides for the calculation of equipment
costs.
Subsection (m) provides that the nonprofit Alaska Village
Initiatives is eligible to apply for and receive a grant on
behalf of Alaska Native villages.
Subsection (n) requires applicants seeking funding for
training that does not meet or exceed applicable national
voluntary consensus standards to submit an explanation to the
FEMA Administrator as to why that training better serves the
needs of the applicant than training that meets such standards.
Subsection (o) provides for the audit of grant recipients
to ensure funds are expended for the intended purposes;
requires the FEMA Administrator to develop and implement a
performance assessment system, including quantifiable metrics,
to evaluate the extent to which the grants awarded are
furthering the purposes of the section; requires grant
recipients to submit annual reports to the FEMA Administrator
describing the use of grant awards; and requires the FEMA
Administrator to submit annual reports to Congress evaluating
the effectiveness of the grants.
Subsection (p) authorizes appropriations of $950 million
for each of fiscal years 2011 through 2015, adjusted for
inflation each year. It also allows FEMA to use up to 5 percent
of appropriated funds for program administration. The section
prohibits congressional earmarks of the funds appropriated for
this program.
Section 4. Staffing for adequate fire and emergency response
This section makes amendments to section 34 of the Federal
Fire Prevention and Control Act (15 U.S.C. Sec. 2229a).
Subsection (a) reduces the term of SAFER grants from four
years to three years, and provides that the applicant's cost
share shall be 25 percent each year.
Subsection (b) makes a technical correction to clarify that
national, state, local and tribal organizations that represent
the interests of volunteer firefighters are eligible for
recruitment and retention grants.
Subsection (c) limits the amount of funding provided in any
year for hiring a firefighter to 75 percent of the usual annual
cost of a first-year firefighter in the applicant department.
Subsection (d) provides the FEMA Administrator with
authority to waive or reduce certain requirements in cases of
demonstrated economic hardship, and requires the FEMA
Administrator to publish guidelines for determining what
constitutes economic hardship.
Subsection (e) requires the FEMA Administrator to establish
a performance assessment system, including quantifiable
performance metrics, to determine whether the grants awarded
are furthering the purposes of this section.
Subsection (f) requires the FEMA Administrator to submit a
report to Congress one year prior to the expiration of the
authorization of appropriations for this section on the
effectiveness of the grants in meeting the objectives of the
section and making and including any recommendations for
changes to the law.
Subsection (g) provides for definitions consistent with
those added to section 33 of the Federal Fire Prevention and
Control Act by Section 3(a) of this bill.
Subsection (h) authorizes appropriations of $950 million
for each of fiscal years 2011 through 2015, adjusted for
inflation each year. It also allows FEMA to use up to 5 percent
of appropriated funds for program administration. The section
prohibits congressional earmarks of the funds appropriated for
this program.
Subsection (i) replaces ``Administrator'' with
``Administrator of FEMA'' throughout Section 34 of the Federal
Fire Prevention and Control Act (15 U.S.C. Sec. 2229a).
Subsection (j) changes the title of Section 34 of the
Federal Fire Prevention and Control Act (15 U.S.C. Sec. 2229a)
to ``Staffing for Adequate Fire and Emergency Response.''
Section 5. Sunset and revival
This section sunsets most of the changes to Sections 33 and
34 of the Federal Fire Prevention and Control Act on October 1,
2015. At that time, in the absence of further action by
Congress, the provisions will revert back to the provisions
that were in effect on the day before the Fire Grant
Reauthorization Act of 2010 Act was enacted.
Section 6. Report
This section requires that no later than September 30,
2014, GAO is to submit a report to Congress assessing the
effect the changes made by this Act have had on the
effectiveness, relative allocation, accountability and
administration of the grants awarded. It also requires GAO to
evaluate the extent to which the changes made by the Act have
enabled recipients to mitigate fire, fire-related, and other
hazards more effectively.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact. The Congressional
Budget Office states that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
May 26, 2010.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3267, the Fire
Grants Reauthorization Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 3267--Fire Grants Reauthorization Act of 2010
Summary: S. 3267 would authorize appropriations totaling
about $10 billion for the U.S. Fire Administration (USFA) to
aid in preventing and responding to fires and other related
hazards. CBO estimates that implementing the legislation would
cost about $6.5 billion over the 2011-2015 period and $3.4
billion thereafter, assuming appropriation of the necessary and
specified amounts. Enacting this legislation would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures would not apply.
S. 3267 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3267 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
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By fiscal year, in millions of dollars--
-----------------------------------------------------------
2011-
2011 2012 2013 2014 2015 2015
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CHANGES IN SPENDING SUBJECT TO APPROPRIATIONAssistance to Firefighters Grants:
Estimated Authorization Level................... 950 980 1,004 1,030 1,060 5,024
Estimated Outlays............................... 48 524 778 940 1,004 3,294
Fire Grants:
Estimated Authorization Level................... 950 980 1,004 1,030 1,060 5,024
Estimated Outlays............................... 20 430 730 988 1,060 3,228
Total Changes:
Estimated Authorization Level............... 1,900 1,960 2,008 2,060 2,120 10,048
Estimated Outlays........................... 68 954 1,508 1,928 2,064 6,522
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BASIS OF ESTIMATE
Assistance to Firefighters Grants (AFG)
S. 3267 would authorize the appropriation of $950 million
in 2011 for the USFA to award grants to fire departments, state
fire-training academies, and other organizations. In 2010, the
Congress provided $390 million for this purpose (see Public Law
111-83). In addition, the bill would authorize appropriations
over the 2012-2015 period equal to the amount authorized in the
previous year, adjusted for the year-over-year increase in the
Consumer Price Index, for the same purpose. CBO estimates that
those amounts would total about $4 billion over the 2012-2015
period, for a total authorization level of $5 billion over the
next five years.
Established in 2000, the Assistance to Firefighters Grant
program provides funding to train personnel, modify facilities,
and obtain equipment, protective gear, emergency vehicles,
training, and other resources to respond to fire and related
hazards. S. 3267 would expand program eligibility to include
state fire training academies and would increase minimum
funding for fire prevention and safety programs from 5 percent
to 10 percent of the total appropriated amount. Additionally,
the legislation would decrease the matching requirement for
grantees from 20 percent to 15 percent.
Based on historical spending patterns, CBO estimates that
implementing the AFG program under the legislation would cost
about $3.3 billion over the 2011-2015 period and about $1.7
billion thereafter, assuming appropriation of specified and
estimated amounts.
Fire Grants
S. 3267 would authorize the appropriation of about $950
billion in 2011 for the USFA to award grants to fire
departments. In 2010, the Congress provided $420 million for
this purpose (see Public Law 111-83). In addition, the bill
would authorize appropriations over the 2012-2015 period equal
to the amount authorized in the previous year, adjusted for the
year-over-year increase in the Consumer Price Index, for the
same purpose. CBO estimates that those amounts would total
about $4 billion over the 2012-2015 period, for a total
authorization level of $5 billion over the next five years.
Established in 2003, the Staffing for Adequate Fire and
Emergency Response (SAFER) grant program provides funding to
hire additional firefighters and to recruit and retain
volunteer firefighters. S. 3267 would reduce the term of a
SAFER grant from four years to three years. Additionally, the
legislation would limit grant funding to 75 percent of the cost
of hiring a firefighter for the duration of the grant. Under
current law, grants cover 90 percent of the cost of a new hire
in the first year and gradually decreases to 30 percent in the
fourth year. The bill would allow USFA to waive the cost share,
as well as the existing requirement to retain additional
personnel hired under the grant for at least a year, during
periods of economic hardship.
CBO estimates that implementing the SAFER program under the
legislation would cost about $3.2 billion over the 2011-2015
period and $1.7 billion thereafter, assuming appropriation of
the specified and estimated amounts.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 3267
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Those governments would benefit from grants
and technical assistance provided under the programs authorized
in the bill. Any costs of those governments would be incurred
voluntarily as conditions of federal assistance.
Previous CBO estimate: On November 2, 2009, CBO transmitted
a cost estimate for H.R. 3791, the Fire Grants Reauthorization
Act of 2009, as ordered reported by the House Committee on
Science and Technology on October 21, 2009. The pieces of
legislation are similar; however, S. 3267 would authorize
appropriations for a different time period and for an amount
that CBO estimates would be $271 million more than H.R. 3791.
The cost estimates reflect those differences.
Estimate prepared by: Federal costs: Daniel Hoople; Impact
on state, local, and tribal governments: Melissa Merrell;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 3267 as reported are shown as follows (existing law proposed
to be omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman):
TITLE 15--COMMERCE AND TRADE
CHAPTER 49--FIRE PREVENTION AND CONTROL
SEC. 2203. DEFINITIONS.
As used in this Act, the term--
(1) ``Academy'' means the National Academy for Fire
Prevention and Control;
(2) ``Administration'' means the United States Fire
Administration established pursuant to section 2204 of
this title;
(3) ``Administrator'' means except as otherwise
provided the Administrator of the United States Fire
Administration, within the Federal Emergency Management
Agency;
(4) [``Director'' means the Administrator of the
Federal Emergency Management Agency;] ``Administrator
of FEMA'' means the Administrator of the Federal
Emergency Management Agency;
(5) ``fire service'' means any organization in any
State consisting of personnel, apparatus, and equipment
which has as its purpose protecting property and
maintaining the safety and welfare of the public from
the dangers of fire, including a private fire-fighting
brigade. The personnel of any such organization may be
paid employees or unpaid volunteers or any combination
thereof. The location of any such organization and its
responsibility for extinguishment and suppression of
fires may include, but need not be limited to, a
Federal installation, a State, city, town, borough,
parish, county, Indian tribe, fire district, fire
protection district, rural fire district, or other
special district. The terms ``fire prevention'',
``firefighting'', [and ``firecontrol''] and ``fire
control'' relate to activities conducted by a fire
service;
(6) ``Indian tribe'' has the meaning given that term
in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C 450b) and ``tribal''
means of or pertaining to an Indian tribe;
[(6)] (7) ``local'' means of or pertaining to any
city, town, county, special purpose district,
unincorporated territory, or other political
subdivision of a State;
[(7)] (8) ``place of public accommodation affecting
commerce'' means any inn, hotel, or other establishment
not owned by the Federal Government that provides
lodging to transient guests, except that such term does
not include an establishment treated as an apartment
building for purposes of any State or local law or
regulation or an establishment located within a
building that contains not more than 5 rooms for rent
or hire and that is actually occupied as a residence by
the proprietor of such establishment;
(9) ``Secretary'' means, except as otherwise
provided, the Secretary of Homeland Security;
[(8)] (10) [``State'' means any State, the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, the Canal Zone, Guam, American Samoa,
the Trust Territory of the Pacific Islands and any
other territory or possession of the United States;
and] ``State'' has the meaning given the term in
section 2 of the Homeland Security Act of 2002 (6
U.S.C. Sec. 101).
[(9)] (11) ``wildland-urban interface'' has the
meaning given such term in section 6511 of title 16.
SEC. 2204. UNITED STATES FIRE ADMINISTRATION.
(a) Establishment.--There is hereby established in the
Department of Commerce an agency which shall be known as the
United States Fire Administration.
(b) Administrator.--There shall be at the head of the
Administration the Administrator of the United States Fire
Administration. The Administrator shall be appointed by the
President, by and with the advice and consent of the Senate,
and shall be compensated at the rate now or hereafter provided
for level IV of the Executive Schedule pay rates (5 U.S.C.
Sec. 5315). The Administrator shall report and be responsible
to the [Director] Administrator of FEMA.
(c) Deputy Administrator.--There shall be in the
Administration a Deputy Administrator of the United States Fire
Administration who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall be
compensated at the rate now or hereafter provided for level V
of the Executive Schedule pay rates (5 U.S.C. Sec. 5316). The
Deputy-Administrator shall perform such functions as the
Administrator shall from time to time assign or delegate, and
shall act as Administrator during the absence or disability of
the Administrator or in the event of a vacancy in the office of
Administrator.
SEC. 2206. NATIONAL ACADEMY FOR FIRE PREVENTION AND CONTROL.
(a) Establishment.--The [Director] Administrator of FEMA
shall establish, at the earliest practicable date, a National
Academy for Fire Prevention and Control. The purpose of the
Academy shall be to advance the professional development of
fire service personnel and of other persons engaged in fire
prevention and control activities.
(b) Superintendent.--The Academy shall be headed by a
Superintendent, who shall be appointed by the [Director]
Administrator of FEMA. In exercising the powers and authority
contained in this section the Superintendent shall be subject
to the direction of the Administrator.
* * * * * * *
(g) Site Selection.--The Academy shall be located on such
site as the [Director] Administrator of FEMA selects, subject
to the following provisions:
(1) The [Director] Administrator of FEMA is
authorized to appoint a Site Selection Board consisting
of the Academy Superintendent and two other members to
survey the most suitable sites for the location of the
Academy and to make recommendations to the [Director]
Administrator of FEMA.
(2) The Site Selection Board in making its
recommendations and the [Director] Administrator of
FEMA in making his final selection, shall give
consideration to the training and facility needs of the
Academy, environmental effects, and the possibility of
using a surplus Government facility, and such other
factors as are deemed important and relevant. The
[Director] Administrator of FEMA shall make a final
site selection not later than 2 years after October 29,
1974.
* * * * * * *
(j) Board of Visitors.--Upon establishment of the Academy,
the [Director] Administrator of FEMA shall establish a
procedure for the selection of professionals in the field of
fire safety, fire prevention, fire control, research and
development in fire protection, treatment and rehabilitation of
fire victims, or local government services management to serve
as members of a Board of Visitors for the Academy. Pursuant to
such procedure, the [Director] Administrator of FEMA shall
select eight such persons to serve as members of such Board of
Visitors to serve such terms as the [Director] Administrator of
FEMA may prescribe. The function of such Board shall be to
review annually the program of the Academy and to make comments
and recommendations to the [Director] Administrator of FEMA
regarding the operation of the Academy and any improvements
therein which such Board deems appropriate. Each member of such
Board shall be reimbursed for any expenses actually incurred by
him in the performance of his duties as a member of such Board.
SEC. 2210. REIMBURSEMENT FOR COSTS OF FIREFIGHTING ON FEDERAL PROPERTY.
(a) * * *
(b) * * *
(c) Payment.--The [Director] Administrator of FEMA shall
forward the claim and a copy of the Administrator's
determination under subsection (b)(3) of this section to the
Secretary of the Treasury. The Secretary of the Treasury shall,
upon receipt of the claim and determination, pay such fire
service or its parent jurisdiction, from any moneys in the
Treasury not otherwise appropriated but subject to
reimbursement (from any appropriations which may be available
or which may be made available for the purpose) by the Federal
department or agency under whose jurisdiction the fire
occurred, a sum no greater than the amount determined with
respect to the claim under subsection (b)(3) of this section.
(d) * * *
SEC. 2214. PUBLIC SAFETY AWARDS.
(a) Establishment.--There is hereby established an honorary
award for the recognition of outstanding and distinguished
service by public safety officers to be known as the
[Director's Award] Administrator's Award For Distinguished
Public Safety Service ([``Director's Award''] ``Administrator's
Award'').
(b) Description.--[Director's Award] Administrator's Award
shall be presented by the [Director] Administrator of FEMA or
by the Attorney General to public safety officers for
distinguished service in the field of public safety.
(c) Award.--Each [Director's Award] Administrator's Award
shall consist of an appropriate citation.
(d) Regulations.--The [Director] Administrator of FEMA and
the Attorney General are authorized and directed to issue
jointly such regulations as may be necessary to carry out this
section.
(e) ``Public Safety Officer'' Defined.--As used in this
section, the term ``public safety officer'' means a person
serving a public agency, with or without compensation, as--
(1) a firefighter;
(2) a law enforcement officer, including a
corrections or court officer; or
(3) a civil defense officer.
SEC. 2215. REPORTS TO CONGRESS AND PRESIDENT.
The [Director] Administrator of FEMA shall report to the
Congress and the President not later than ninety calendar days
following the year ending September 30, 1980 and similarly each
year thereafter on all activities relating to fire prevention
and control, and all measures taken to implement and carry out
this Act during the preceding calendar year. Such report shall
include, but need not be limited to--
(a) a thorough appraisal, including statistical analysis,
estimates, and long-term projections of the human and economic
losses due to fire;
(b) a survey and summary, in such detail as is deemed
advisable, of the research and technology program undertaken or
sponsored pursuant to this Act;
(c) a summary of the activities of the Academy for the
preceding 12 months, including, but not limited to--
(1) an explanation of the curriculum of study;
(2) a description of the standards of admission and
performance;
(3) the criteria for the awarding of degrees and
certificates; and
(4) a statistical compilation of the number of
students attending the Academy and receiving degrees or
certificates;
(d) a summary of the activities undertaken to assist the
Nation's fire services;
(e) a summary of the public education programs undertaken;
(f) an analysis of the extent of participation in preparing
and submitting Fire Safety Effectiveness Statements;
(g) a summary of outstanding problems confronting the
administration of this Act, in order of priority;
(h) such recommendations for additional legislation as are
deemed necessary or appropriate; and
(i) a summary of reviews, evaluations, and suggested
improvements in State and local fire prevention and building
codes, fire services, and any relevant Federal or private
codes, regulations, and fire services.
* * * * * * *
SEC. 2217. PUBLIC ACCESS TO INFORMATION.
Copies of any document, report, statement, or information
received or sent by the [Director] Administrator of FEMA or the
Administrator shall be made available to the public pursuant to
the provisions of section 552 of title 5, United States Code:
Provided, That, notwithstanding the provisions of subsection
(b) of such section and of section 1905 of title 18, United
States Code, the Director may disclose information which
concerns or relates to a trade secret--
(1) upon request, to other Federal Government
departments and agencies for official use;
(2) upon request, to any committee of Congress having
jurisdiction over the subject matter to which the
information relates;
(3) in any judicial proceeding under a court order
formulated to preserve the confidentiality of such
information without impairing the proceedings; and
(4) to the public when he determines such disclosure
to be necessary in order to protect health and safety
after notice and opportunity for comment in writing or
for discussion in closed session within fifteen days by
the party to which the information pertains (if the
delay resulting from such notice and opportunity for
comment would not be detrimental to health and safety).
SEC. 2218. ADMINISTRATIVE PROVISIONS.
(a) * * *
(b) * * *
(c) Audit.--The [Director] Administrator of FEMA and the
Comptroller General of the United States, or any of their duly
authorized representatives, shall have access to any books,
documents, papers, and records of the recipients of contracts,
grants, or other forms of assistance that are pertinent to its
activities under this Act for the purpose of audit or to
determine if a proposed activity is in the public interest.
(d) * * *
(e) * * *
SEC. 2224. LISTINGS OF PLACES OF PUBLIC ACCOMMODATION.
(a) Submissions by States.--
(1) Not later than 2 years after enacted September
25, 1990, each State (acting through its Governor or
the Governor's designee) shall, under procedures
formulated by the [Director] Administrator of FEMA,
submit to the [Director] Administrator of FEMA a list
of those places of public accommodation affecting
commerce located in the State which meet the
requirements of the guidelines described in section
2225 of this title.
(2) The [Director] Administrator of FEMA shall
formulate procedures under which each State (acting
through its Governor or the Governor's designee) shall
periodically update the list submitted pursuant to
paragraph (1).
(b) Compilation and Distribution of Master List.--
(1) Not later than 60 days after the expiration of
the 2-year period referred to in subsection (a), the
[Director] Administrator of FEMA shall compile and
publish in the Federal Register a national master list
of all of the places of public accommodation affecting
commerce located in each State that meet the
requirements of the guidelines described in section
2225 of this title, and shall distribute such list to
each agency of the Federal Government and take steps to
make the employees of such agencies aware of its
existence and contents.
(2) The [Director] Administrator of FEMA shall
periodically update the national master list compiled
pursuant to paragraph (1) to reflect changes in the
State lists submitted to the [Director] Administrator
of FEMA pursuant to subsection (a), and shall
periodically redistribute the updated master list to
each agency of the Federal Government.
(3) For purposes of this subsection, the term
``agency'' has the meaning given to it under section
5701(1) of title 5, United States Code.
* * * * * * *
SEC. 2226. DISSEMINATION OF FIRE PREVENTION AND CONTROL INFORMATION.
The [Director] Administrator of FEMA, acting through the
Administrator, is authorized to take steps to encourage the
States to promote the use of automatic sprinkler systems and
automatic smoke detection systems, and to disseminate to the
maximum extent possible information on the life safety value
and use of such systems. Such steps may include, but need not
be limited to, providing copies of the guidelines described in
section 2225 of this title and of the master list compiled
under section 2224(b) of this title to Federal agencies, State
and local governments, and fire services throughout the United
States, and making copies of the master list compiled under
section 2224(b) of this title available upon request to
interested private organizations and individuals.
* * * * * * *
SEC. 2229. FIREFIGHTER ASSISTANCE.
[(a) Definition of firefighting personnel. In this section,
the term firefighting personnel means individuals, including
volunteers, who are firefighters, officers of fire departments,
or emergency medical service personnel of fire departments.
[(b) 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) provide assistance for fire prevention
and firefighter safety research and development
programs in accordance with paragraph (4); and
[(C) provide assistance for nonaffiliated EMS
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 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 inspectors.
[(E) To establish wellness and fitness
programs for firefighting personnel to ensure
that the firefighting personnel can carry out
their duties.
[(F) To fund emergency medical services
provided by fire departments and nonaffiliated
EMS organizations.
[(G) To acquire additional firefighting
vehicles, including fire trucks.
[(H) To acquire additional firefighting
equipment, including equipment for fighting
fires with foam in remote areas without access
to water, and 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.
[(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 5 percent of
the funds made available under subsection (e)--
[(i) to make grants to fire
departments for the purpose described
in paragraph (3)(L); and
[(ii) to make grants to, or enter
into contracts or cooperative
agreements with, national, State,
local, or community organizations that
are not fire departments and that are
recognized for their experience and
expertise with respect to fire
prevention or fire safety programs and
activities and firefighter research and
development programs, for the purpose
of carrying out fire prevention
programs and research to improve
firefighter health and life safety.
[(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 be greater than $1,000,000
for a fiscal year.
[(5) Application.--The Director may provide
assistance to a fire department or organization 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) Financial need. Information that
demonstrates the financial need of the
applicant for the assistance for which
applied.
[(ii) Cost-benefit analysis. An
analysis of the costs and benefits,
with respect to public safety, of the
use of the assistance.
[(iii) Reporting systems data. An
agreement to provide information to the
national fire incident reporting system
for the period covered by the
assistance.
[(iv) Other Federal support. A list
of other sources of Federal funding
received by the applicant. The
Director, in coordination with the
Secretary of Homeland Security, shall
use such list to prevent unnecessary
duplication of grant funds.
[(v) Other information. Any other
information that the Director may
require.
[(6) Matching requirement.--
[(A) In general.--Subject to subparagraphs
(B) and (C), the Director may provide
assistance under this subsection only if the
applicant for such assistance agrees to match
20 percent of such assistance for any fiscal
year with an equal amount of non-Federal funds.
[(B) Requirement for small community
organizations.--In the case of an applicant
whose personnel--
[(i) serve jurisdictions of 50,000 or
fewer residents, the percent applied
under the matching requirement of
subparagraph (A) shall be 10 percent;
and
[(ii) serve jurisdictions of 20,000
or fewer residents, the percent applied
under the matching requirement of
subparagraph (A) shall be 5 percent.
[(C) Fire prevention and firefighter safety
grants.--There shall be no matching requirement
for a grant described in paragraph (4)(A)(ii).
[(7) Maintenance of expenditures.--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 the
average level of such expenditures in the two fiscal
years preceding the fiscal year for which the
assistance will be received.
[(8) 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.
[(9) Variety of fire department grant recipients.--
The Director shall ensure that grants under paragraph
(1)(A) for a fiscal year are made to a variety of fire
departments, including, to the extent that there are
eligible applicants--
[(A) paid, volunteer, and combination fire
departments;
[(B) fire departments located in communities
of varying sizes; and
[(C) fire departments located in urban,
suburban, and rural communities.
[(10) Grant limitations.--
[(A) Recipient limitations.--A grant
recipient under subsection (b)(1)(A)--
[(i) that serves a jurisdiction with
500,000 people or less may not receive
grants in excess of $1,000,000 for any
fiscal year;
[(ii) that serves a jurisdiction with
more than 500,000 but not more than
1,000,000 people may not receive grants
in excess of $1,750,000 for any fiscal
year; and
[(iii) that serves a jurisdiction
with more than 1,000,000 people may not
receive grants in excess of $2,750,000
for any fiscal year. The Director may
award grants in excess of the
limitations provided in clause (i) and
(ii) if the Director determines that
extraordinary need for assistance by a
jurisdiction warrants a waiver.
[(B) Distribution.--Notwithstanding
subparagraph (A), no single recipient may
receive more than the lesser of $2,750,000 or
one half of one percent of the funds
appropriated under this section for a single
fiscal year.
[(C) 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).
[(D) Requirements for grants for emergency
medical services.--Subject to the restrictions
in subparagraph (E), not less than 3.5 percent
of the funds appropriated under this section
for a fiscal year shall be awarded for purposes
described in paragraph (3)(F).
[(E) Nonaffiliated ems limitation.--Not more
than 2 percent of the funds appropriated to
provide grants under this section for a fiscal
year shall be awarded to nonaffiliated EMS
organizations.
[(F) Application of selection criteria to
grant applications from nonaffiliated ems
organizations.--In reviewing applications
submitted by nonaffiliated EMS organizations,
the Director shall consider the extent to which
other sources of Federal funding are available
to provide assistance requested in such grant
applications.
[(11) Reservation of grant funds for volunteer
departments.--In making grants to firefighting
departments, the Director shall ensure that those
firefighting departments that have either all-volunteer
forces of firefighting personnel or combined forces of
volunteer and professional firefighting personnel
receive a proportion of the total grant funding that is
not less than the proportion of the United States
population that those firefighting departments protect.
[(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 recommending any
necessary administrative changes to the grant program.
[(14) Guidelines.--
[(A) Each year, prior to making any grants
under this section, the Director shall publish
in the Federal Register--
[(i) guidelines that describe the
process for applying for grants and the
criteria for awarding grants; and
[(ii) an explanation of any
differences between the guidelines and
the recommendations made pursuant to
paragraph (13).
[(B) The criteria for awarding grants under
subsection (b)(1)(A) shall include the extent
to which the grant would enhance the daily
operations of the applicant and the impact of
such a grant on the protection of lives and
property.
[(15) Peer review.--The Director shall, after
consultation with national fire service organizations,
appoint fire service personnel to conduct peer review
of applications received under paragraph (5). In making
grants under this section, the Director shall consider
the results of such peer review evaluations.
[(16) Applicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to activities under paragraphs
(13) and (15).
[(17) Accounting determination.--Notwithstanding any
other provision of law, rule, regulation, or guidance,
for purposes of receiving assistance under this
section, equipment costs shall include, but not be
limited to, all costs attributable to any design,
purchase of components, assembly, manufacture, and
transportation of equipment not otherwise commercially
available.
[(c) 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 (b).
[(d) Definitions.--In this section--
[(1) the term Director means the Director, acting
through the Administrator;
[(2) the term nonaffiliated EMS organization means a
public or private nonprofit emergency medical services
organization that is not affiliated with a hospital and
does not serve a geographic area in which the Director
finds that emergency medical services are adequately
provided by a fire department; and
[(3) the term State includes the District of Columbia
and the Commonwealth of Puerto Rico.
(e) Authorization of appropriations.--
[(1) In general.--There are authorized to be
appropriated for the purposes of this section
$900,000,000 for fiscal year 2005, $950,000,000 for
fiscal year 2006, and $1,000,000,000 for each of the
fiscal years 2007 through 2009. Of the amounts
authorized in this paragraph, $3,000,000 shall be made
available each year through fiscal year 2008 for foam
firefighting equipment.
[(2) Administrative expenses.--Of the funds
appropriated pursuant to paragraph (1) for a fiscal
year, the Director may use not more than three 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.]
(a) Definitions.--In this section:
(1) Available grant funds.--The term `available grant
funds', with respect to a fiscal year, means those
funds appropriated pursuant to the authorization of
appropriations in subsection (p)(1) for such fiscal
year less any funds used for administrative costs
pursuant to subsection (p)(2) in such fiscal year.
(2) Career fire department.--The term `career fire
department' means a fire department that has an all-
paid force of firefighting personnel other than paid-
on-call firefighters.
(3) Combination fire department.--The term
`combination fire department' means a fire department
that has--
(A) paid firefighting personnel; and
(B) volunteer firefighting personnel.
(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) Nonaffiliated ems organization.--The term
`nonaffiliated EMS organization' means a public or
private nonprofit emergency medical services
organization that is not affiliated with a hospital and
does not serve a geographic area in which the
Administrator of FEMA finds that emergency medical
services are adequately provided by a fire department.
(6) Paid-on-call.--The term `paid-on-call' with
respect to firefighting personnel means firefighting
personnel who are paid a stipend for each event to
which they respond.
(7) Volunteer fire department.--The term `volunteer
fire department' means a fire department that has an
all-volunteer force of firefighting personnel.
(b) Assistance Program.--
(1) Authority.--In accordance with this section, the
Administrator of FEMA may, in consultation with the
Administrator of the United States Fire Administration,
award--
(A) assistance to firefighters grants under
subsection (c); and
(B) fire prevention and safety grants and
other assistance under subsection (d).
(2) Administrative assistance.--The Administrator of
FEMA shall--
(A) establish specific criteria for the
selection of grant recipients under this
section; and
(B) provide assistance with application
preparation to applicants for such grants.
(c) Assistance to Firefighters Grants.--
(1) In general.--The Administrator of FEMA may, in
consultation with the chief executives of the States in
which the recipients are located, award grants on a
competitive basis directly to--
(A) fire departments, for the purpose of
protecting the health and safety of the public
and firefighting personnel throughout the
United States against fire, fire-related, and
other hazards;
(B) nonaffiliated EMS organizations to
support the provision of emergency medical
services; and
(C) State fire training academies for the
purposes described in subparagraphs (G), (H),
and (I) of paragraph (3).
(2) Maximum grant amounts.--
(A) Population.--The Administrator of FEMA
may not award a grant under this subsection in
excess of amounts as follows:
(i) In the case of a recipient that
serves a jurisdiction with 100,000
people or fewer, the amount of the
grant awarded to such recipient shall
not exceed $1,000,000 in any fiscal
year.
(ii) In the case of a recipient that
serves a jurisdiction with more than
100,000 people but not more than
500,000 people, the amount of the grant
awarded to such recipient shall not
exceed $2,000,000 in any fiscal year.
(iii) In the case of a recipient that
serves a jurisdiction with more than
500,000 but not more than 1,000,000
people, the amount of the grant awarded
to such recipient shall not exceed
$3,000,000 in any fiscal year.
(iv) In the case of a recipient that
serves a jurisdiction with more than
1,000,000 people but not more than
2,500,000 people, the amount of the
grant awarded to such recipient shall
not exceed $6,000,000 for any fiscal
year.
(v) In the case of a recipient that
serves a jurisdiction with more than
2,500,000 people, the amount of the
grant awarded to such recipient shall
not exceed $9,000,000 in any fiscal
year.
(B) State fire training academies.--The
Administrator of FEMA may not award a grant
under this subsection to a State fire training
academy in an amount that exceeds $1,000,000 in
any fiscal year.
(C) Aggregate.--
(i) In general.--Notwithstanding
subparagraphs (A) and (B) and except as
provided under clause (ii), the
Administrator of FEMA may not award a
grant under this subsection in a fiscal
year in an amount that exceeds the
amount that is one percent of the
available grant funds in such fiscal
year.
(ii) Exception.--The Administrator of
FEMA may waive the limitation in clause
(i) with respect to a grant recipient
if the Administrator of FEMA determines
that such recipient has an
extraordinary need for a grant in an
amount that exceeds the limit under
clause (i).
(3) Use of grant funds.--Each entity receiving a
grant under this subsection shall use the grant for one
or more of the following purposes:
(A) To train firefighting personnel in--
(i) firefighting;
(ii) emergency medical services and
other emergency response (including
response to natural disasters, acts of
terrorism, and other man-made
disasters);
(iii) arson prevention and detection;
(iv) maritime firefighting; or
(v) the handling of hazardous
materials.
(B) To train firefighting personnel to
provide any of the training described under
subparagraph (A).
(C) To fund the creation of rapid
intervention teams to protect firefighting
personnel at the scenes of fires and other
emergencies.
(D) To certify--
(i) fire inspectors; and
(ii) building inspectors--
(I) whose responsibilities
include fire safety
inspections; and
(II) who are employed by or
serving as volunteers with a
fire department.
(E) To establish wellness and fitness
programs for firefighting personnel to ensure
that the firefighting personnel are able to
carry out their duties as firefighters.
(F) To fund emergency medical services
provided by fire departments and nonaffiliated
EMS organizations.
(G) To acquire additional firefighting
vehicles, including fire trucks and other
apparatus.
(H) To acquire additional firefighting
equipment, including equipment for--
(i) fighting fires with foam in
remote areas without access to water;
and
(ii) communications, monitoring, and
response to a natural disaster, act of
terrorism, or other man-made disaster,
including the use of a weapon of mass
destruction.
(I) To acquire personal protective equipment,
including personal protective equipment--
(i) prescribed for firefighting
personnel by the Occupational Safety
and Health Administration of the
Department of Labor; or
(ii) for responding to a natural
disaster or act of terrorism or other
man-made disaster, including the use of
a weapon of mass destruction.
(J) To modify fire stations, fire training
facilities, and other facilities to protect the
health and safety of firefighting personnel.
(K) To educate the public about arson
prevention and detection.
(L) To provide incentives for the recruitment
and retention of volunteer firefighting
personnel for volunteer firefighting
departments and other firefighting departments
that utilize volunteers.
(M) To support such other activities,
consistent with the purposes of this
subsection, as the Administrator of FEMA
determines appropriate.
(d) Fire Prevention and Safety Grants.--
(1) In general.--For the purpose of assisting fire
prevention programs and supporting firefighter health
and safety research and development, the Administrator
of FEMA may, on a competitive basis--
(A) award grants to fire departments;
(B) award grants to, or enter into contracts
or cooperative agreements with, national,
State, local, tribal, or nonprofit
organizations that are not fire departments and
that are recognized for their experience and
expertise with respect to fire prevention or
fire safety programs and activities and
firefighter research and development programs,
for the purpose of carrying out--
(i) fire prevention programs; and
(ii) research to improve firefighter
health and life safety; and
(C) award grants to, or enter into contracts
with, regionally accredited institutions of
higher education and national fire service
organizations or national fire safety
organizations to support joint programs focused
on reducing firefighter fatalities and non-
fatal injuries, including programs for
establishing fire safety research centers as
the Administrator of FEMA determines
appropriate.
(2) Maximum grant amount.--A grant awarded under this
subsection may not exceed $1,500,000 for a fiscal year.
(3) Use of grant funds.--Each entity receiving a
grant under this subsection shall use the grant for one
or more of the following purposes:
(A) To enforce fire codes and promote
compliance with fire safety standards.
(B) To fund fire prevention programs.
(C) To fund wildland fire prevention
programs, including education, awareness, and
mitigation programs that protect lives,
property, and natural resources from fire in
the wildland-urban interface.
(D) In the case of a grant awarded under
paragraph (1)(C), to fund the establishment or
operation of--
(i) a fire safety research center; or
(ii) a program at such a center.
(E) To support such other activities,
consistent with the purposes of this
subsection, as the Administrator of FEMA
determines appropriate.
(e) Applications for Grants.--
(1) In general.--An entity seeking a grant under this
section shall submit to the Administrator of FEMA an
application therefor in such form and in such manner as
the Administrator of FEMA determines appropriate.
(2) Elements.--Each application submitted under
paragraph (1) shall include the following:
(A) A description of the financial need of
the applicant for the grant.
(B) An analysis of the costs and benefits,
with respect to public safety, of the use for
which a grant is requested.
(C) An agreement to provide information to
the national fire incident reporting system for
the period covered by the grant.
(D) A list of other sources of funding
received by the applicant--
(i) for the same purpose for which
the application for a grant under this
section was submitted; or
(ii) from the Federal Government for
other fire-related purposes.
(E) Such other information as the
Administrator of FEMA determines appropriate.
(3) Joint or regional applications.--
(A) In general.--Two or more entities may
submit an application under paragraph (1) for a
grant under this section to fund a joint
program or initiative, including acquisition of
shared equipment or vehicles.
(B) Nonexclusivity.--Applications under this
paragraph may be submitted instead of or in
addition to any other application submitted
under paragraph (1).
(C) Guidance.--The Administrator of FEMA
shall--
(i) publish guidance on applying for
and administering grants awarded for
joint programs and initiatives
described in subparagraph (A); and
(ii) encourage applicants to apply
for grants for joint programs and
initiatives described in subparagraph
(A) as the Administrator of FEMA
determines appropriate to achieve
greater cost effectiveness and regional
efficiency.
(f) Peer Review of Grant Applications.--
(1) In general.--The Administrator of FEMA shall,
after consultation with national fire service and
emergency medical services organizations, appoint fire
service personnel and personnel from nonaffiliated EMS
organizations to conduct peer reviews of applications
received under subsection (e)(1).
(2) Assignment of reviews.--In administering the peer
review process under paragraph (1), the Administrator
of FEMA shall ensure that--
(A) applications submitted by career fire
departments are reviewed primarily by personnel
from career fire departments;
(B) applications submitted by volunteer fire
departments are reviewed primarily by personnel
from volunteer fire departments;
(C) applications submitted by combination
fire departments and fire departments using
paid-on-call firefighting personnel are
reviewed primarily by personnel from such fire
departments; and
(D) applications for grants to fund emergency
medical services pursuant to subsection
(c)(3)(F) are reviewed primarily by emergency
medical services personnel, including--
(i) emergency medical service
personnel affiliated with fire
departments; and
(ii) personnel from nonaffiliated EMS
organizations.
(3) Review of applications for fire prevention and
safety grants submitted by nonprofit organizations that
are not fire departments.--In conducting a review of an
application submitted under subsection (e)(1) by a
nonprofit organization described in subsection
(d)(1)(B), a peer reviewer may not recommend the
applicant for a grant under subsection (d) unless such
applicant is recognized for its experience and
expertise with respect to--
(A) fire prevention or safety programs and
activities; or
(B) firefighter research and development
programs.
(4) Applicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to activities carried out
pursuant to this subsection.
(g) Prioritization and Allocation of Grant Awards.--In
awarding grants under this section, the Administrator of FEMA
shall--
(1) consider the findings and recommendations of the
peer reviews carried out under subsection (f);
(2) consider the degree to which an award will reduce
deaths, injuries, and property damage by reducing the
risks associated with fire-related and other hazards;
(3) consider the extent of the need of an applicant
for a grant under this section and the need to protect
the United States as a whole;
(4) consider the number of calls requesting or
requiring a fire fighting or emergency medical response
received by an applicant; and
(5) ensure that of the available grant funds--
(A) not less than 25 percent are awarded to
career fire departments;
(B) not less than 25 percent are awarded to
volunteer fire departments; and
(C) not less than 25 percent are awarded to
combination fire departments and fire
departments using paid-on-call firefighting
personnel.
(h) Additional Requirements and Limitations.--
(1) Funding for emergency medical services.--Not less
than 3.5 percent of the available grant funds for a
fiscal year shall be awarded under this section for
purposes described in subsection (c)(3)(F).
(2) Grant awards to nonaffiliated ems
organizations.--Not more than 2 percent of the
available grant funds for a fiscal year shall be
awarded under this section to nonaffiliated EMS
organizations.
(3) Funding for fire prevention and safety grants.--
For each fiscal year, not less than 10 percent of the
aggregate of grant amounts under this section in that
fiscal year shall be awarded under subsection (d).
(4) State fire training academies.--Not more than 3
percent of the available grant funds for a fiscal year
shall be awarded under subsection (c)(1)(C).
(5) Amounts for purchasing firefighting vehicles.--
Not more than 25 percent of the available grant funds
for a fiscal year may be used to assist grant
recipients to purchase vehicles pursuant to subsection
(c)(3)(G).
(i) Further Considerations.--
(1) Assistance to firefighters grants to fire
departments.--In considering applications for grants
under subsection (c)(1)(A), the Administrator of FEMA
shall consider 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.
(2) Applications from nonaffiliated ems
organizations.--In the case of an application submitted
under subsection (e)(1) by a nonaffiliated EMS
organization, the Administrator of FEMA shall consider
the extent to which other sources of Federal funding
are available to the applicant to provide the
assistance requested in such application.
(3) Awarding fire prevention and safety grants to
certain organizations that are not fire departments.--
In the case of applicants for grants under this section
who are described in subsection (d)(1)(B), the
Administrator of FEMA shall give priority to applicants
who focus on--
(A) prevention of injuries to high risk
groups from fire; and
(B) research programs that demonstrate a
potential to improve firefighter safety.
(4) Avoiding duplication.--The Administrator of FEMA
shall review lists submitted by applicants pursuant to
subsection (e)(2)(D) and take such actions as the
Administrator of FEMA considers necessary to prevent
unnecessary duplication of grant awards.
(j) Matching and Maintenance of Expenditure Requirements.--
(1) Matching requirement for assistance to
firefighters grants.--
(A) In general.--Except as provided in
subparagraph (B), an applicant seeking a grant
to carry out an activity under subsection (c)
shall agree to make available non-Federal funds
to carry out such activity in an amount equal
to not less than 15 percent of the grant
awarded to such applicant under such
subsection.
(B) Exception for entities serving small
communities.--In the case that an applicant
seeking a grant to carry out an activity under
subsection (c) serves a jurisdiction of--
(i) more than 20,000 residents but
not more than 50,000 residents, the
applicant shall agree to make available
non-Federal funds in an amount equal to
not less than 10 percent of the grant
award to such applicant under such
subsection; or
(ii) 20,000 residents or fewer, the
applicant shall agree to make available
non-Federal funds in an amount equal to
not less than 5 percent of the grant
awarded to such applicant under such
subsection.
(2) Matching requirement for fire prevention and
safety grants.--
(A) In general.--An applicant seeking a grant
to carry out an activity under subsection (d)
shall agree to make available non-Federal funds
to carry out such activity in an amount equal
to not less than 5 percent of the grant awarded
to such applicant under such subsection.
(B) Means of matching.--An applicant for a
grant under subsection (d) may meet the
matching requirement under subparagraph (A)
through direct funding, funding of
complementary activities, or the provision of
staff, facilities, services, material, or
equipment.
(3) Maintenance of expenditures.--An applicant
seeking a grant under subsection (c) or (d) shall agree
to maintain during the term of the grant the
applicant's aggregate expenditures relating to the uses
described in subsections (c)(3) and (d)(3) at not less
than 80 percent of the average amount of such
expenditures in the 2 fiscal years preceding the fiscal
year in which the grant amounts are received.
(4) Waiver.--
(A) In general.--Except as provided in
subparagraph (C)(ii), the Administrator of FEMA
may waive or reduce the requirements of
paragraphs (1), (2), and (3) in cases of
demonstrated economic hardship.
(B) Guidelines.--
(i) In general.--The Administrator of
FEMA shall establish and publish
guidelines for determining what
constitutes economic hardship for
purposes of this paragraph.
(ii) Considerations.--In developing
guidelines under clause (i), the
Administrator of FEMA shall consider,
with respect to relevant communities,
the following:
(I) Changes in rates of
unemployment from previous
years.
(II) Whether the rates of
unemployment of the relevant
communities are currently and
have consistently exceeded the
annual national average rates
of unemployment.
(III) Changes in percentages
of individuals eligible to
receive food stamps from
previous years.
(IV) Such other factors as
the Administrator of FEMA
considers appropriate.
(C) Certain applicants for fire prevention
and safety grants.--The authority under
subparagraph (A) shall not apply with respect
to a nonprofit organization that--
(i) is described in subsection
(d)(1)(B); and
(ii) is not a fire department or
emergency medical services
organization.
(k) Grant Guidelines.--
(1) Guidelines.--For each fiscal year, prior to
awarding any grants under this section, the
Administrator of FEMA shall publish in the Federal
Register--
(A) guidelines that describe--
(i) the process for applying for
grants under this section; and
(ii) the criteria that will be used
for selecting grant recipients; and
(B) an explanation of any differences between
such guidelines and the recommendations
obtained under paragraph (2).
(2) Annual meeting to obtain recommendations.--
(A) In general.--For each fiscal year, the
Administrator of FEMA shall convene a meeting
of qualified members of national fire service
organizations and qualified members of
emergency medical service organizations to
obtain recommendations regarding the following:
(i) Criteria for the awarding of
grants under this section.
(ii) Administrative changes to the
assistance program established under
subsection (b).
(B) Qualified members.--For purposes of this
paragraph, a qualified member of an
organization is a member who--
(i) is recognized for expertise in
firefighting or emergency medical
services;
(ii) is not an employee of the
Federal Government; and
(iii) in the case of a member of an
emergency medical service organization,
is a member of an organization that
represents--
(I) providers of emergency
medical services that are
affiliated with fire
departments; or
(II) nonaffiliated EMS
providers.
(3) Applicability of federal advisory
committee act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to
activities carried out pursuant to this
subsection.
(l) Accounting Determination.--Notwithstanding any other
provision of law, for purposes of 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.
(m) Eligible Grantee on Behalf of Alaska Native Villages.--
The Alaska Village Initiatives, a non-profit organization
incorporated in the State of Alaska, shall be eligible to apply
for and receive a grant or other assistance under this section
on behalf of Alaska Native villages.
(n) Training Standards.--If an applicant for a grant under
this section is applying for such grant to purchase training
that does not meet or exceed any applicable national voluntary
consensus standards developed under section 647 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
Sec. 747), the applicant shall submit to the Administrator of
FEMA an explanation of the reasons that the training proposed
to be purchased will serve the needs of the applicant better
than training that meets or exceeds such standards.
(o) Ensuring Effective Use of Grants.--
(1) Audits.--The Administrator of FEMA may audit a
recipient of a grant awarded under this section to
ensure that--
(A) the grant amounts are expended for the
intended purposes; and
(B) the grant recipient complies with the
requirements of subsection (j).
(2) Performance assessment.--
(A) In general.--The Administrator of FEMA
shall develop and implement a performance
assessment system, including quantifiable
performance metrics, to evaluate the extent to
which grants awarded under this section are
furthering the purposes of this section,
including protecting the health and safety of
the public and firefighting personnel against
fire and fire-related hazards.
(B) Consultation.--The Administrator of FEMA
shall consult with fire service representatives
and with the Comptroller General of the United
States in developing the assessment system
required by subparagraph (A).
(3) Annual reports to administrator of fema.--The
recipient of a grant awarded under this section shall
submit to the Administrator of FEMA an annual report
describing how the recipient used the grant amounts.
(4) Annual reports to congress.--
(A) In general.--Not later than September 30,
2011, and each year thereafter through 2015,
the Administrator of FEMA shall submit to the
Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on
Science and Technology of the House of
Representatives a report that provides--
(i) information on the performance
assessment system developed under
paragraph (2); and
(ii) using the performance metrics
developed under such paragraph, an
evaluation of the effectiveness of the
grants awarded under this section.
(B) Additional information.--The report due
under subparagraph (A) on September 30, 2014,
shall also include recommendations for
legislative changes to improve grants under
this section, including recommendations as to
whether the provisions described in section
5(a) of the Fire Grants Reauthorization Act of
2010 should be extended to apply on and after
the date described in such section.
(p) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section--
(A) $950,000,000 for fiscal year 2011; and
(B) for each of fiscal years 2012 through
2015, an amount equal to the amount authorized
for the previous fiscal year increased by the
percentage by which--
(i) the Consumer Price Index (all
items, United States city average) for
the previous fiscal year, exceeds
(ii) the Consumer Price Index for the
fiscal year preceding the fiscal year
described in clause (i).
(2) Administrative expenses.--Of the amounts
appropriated pursuant to paragraph (1) for a fiscal
year, the Administrator of FEMA may use not more than 5
percent of such amounts for salaries and expenses and
other administrative costs incurred by the
Administrator of FEMA in the course of awarding grants
and providing assistance under this section.
(3) Congressionally directed spending.--Consistent
with the requirements in subsections (c)(1) and (d)(1)
that grants under those subsections be awarded on a
competitive basis, none of the funds appropriated
pursuant to this subsection may be used for any
congressionally directed spending item (as such term is
defined in paragraph 5(a) of rule XLIV of the Standing
Rules of the Senate).
SEC. 2229A. [EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE GRANT PROGRAM]
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
(a) Expanded Authority To Make Grants.--
(1) Hiring grants.--
(A) The [Administrator shall] Administrator
of FEMA shall, in consultation with the
Administrator, make grants directly to [career,
volunteer, and combination fire departments]
career fire departments, combination fire
departments, and volunteer 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)
(i) Grants made under this paragraph
shall be for [4 years] 3 years and be
used for programs to hire new,
additional firefighters.
(ii) Grantees are required to commit
to retaining for at least 1 year beyond
the termination of their grants those
firefighters hired under this
paragraph.
(C) In awarding grants under this subsection,
the Administrator may give preferential
consideration to applications that involve a
non-Federal contribution exceeding the minimums
under subparagraph (E).
(D) The Administrator may provide technical
assistance to States, units of local
government, Indian tribal governments, and to
other public entities, in furtherance of the
purposes of this section.
(E) The portion of the costs of hiring
firefighters provided by a grant under this
paragraph may [not exceed--
(i) 90 percent in the first year of
the grant;
(ii) 80 percent in the second year of
the grant;
(iii) 50 percent in the third year of
the grant; and
(iv) 30 percent in the fourth year of
the grant.] not exceed 75 percent in
any fiscal year.
(F) 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.
(G) All grants made pursuant to this
subsection shall be awarded on a competitive
basis through a neutral peer review process.
(H) At the beginning of the fiscal year, the
Administrator shall set aside 10 percent of the
funds appropriated for carrying out this
paragraph for departments with majority
volunteer or all volunteer personnel. After
awards have been made, if less than 10 percent
of the funds appropriated for carrying out this
paragraph are not awarded to departments with
majority volunteer or all volunteer personnel,
the Administrator shall transfer from funds
appropriated for carrying out this paragraph to
funds 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. In addition to
any amounts transferred under paragraph (1)(H), the
[Administrator shall] Administrator of FEMA shall, in
consultation with the Administrator direct at least 10
percent of the total amount of funds appropriated
pursuant to this section annually to a competitive
grant program for the recruitment and retention of
volunteer firefighters who are involved with or trained
in the operations of firefighting and emergency
response. Eligible entities shall include volunteer or
combination fire departments, and [organizations on a
local or statewide basis] national, State, local or
tribal organizations that represent the interests of
volunteer firefighters.
(b) Applications.--
(1) No grant may be made under this section unless an
application has been submitted to, and approved by, the
[Administrator] Administrator of FEMA.
(2) An application for a grant under this section
shall be submitted in such form, and contain such
information, as the [Administrator] Administrator of
FEMA may prescribe.
(3) At a minimum, each application for a grant under
this section shall--
(A) explain the applicant's inability to
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 subsection (a)(1)(B)(ii)
and (F);
(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) 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) 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 enactment of this
section.
(3) 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.
[(4)
(A) Total funding provided under this section
over 4 years for hiring a firefighter may not
exceed $100,000.
(B) The $100,000 cap shall be adjusted
annually for inflation beginning in fiscal year
2005.]
(4) The amount of funding provided under this section
to a recipient fire department for hiring a firefighter
in any fiscal year may not exceed 75 percent of the
usual annual cost of a first-year firefighter in that
department at the time the grant application was
submitted.
(d) Waivers.--
(1) In general.--In a case of demonstrated economic
hardship, the Administrator of FEMA may--
(A) waive the requirements of subsection
(a)(1)(B)(ii) or subsection (c)(1); or
(B) waive or reduce the requirements in
subsection (a)(1)(E) or subsection (c)(2).
(2) Guidelines.--
(A) In general.--The Administrator of FEMA
shall establish and publish guidelines for
determining what constitutes economic hardship
for purposes of paragraph (1).
(B) Considerations.--In developing guidelines
under subparagraph (A), the Administrator of
FEMA shall consider, with respect to relevant
communities, the following:
(i) Changes in rates of unemployment
from previous years.
(ii) Whether the rates of
unemployment of the relevant
communities are currently and have
consistently exceeded the annual
national average rates of unemployment.
(iii) Changes in percentages of
individuals eligible to receive food
stamps from previous years.
(iv) Such other factors as the
Administrator of FEMA considers
appropriate.
[(d)] (e) Performance Evaluation.--
(1) In general.--The Administrator of FEMA shall
establish a performance assessment system, including
quantifiable performance metrics, to evaluate the
extent to which grants awarded under this section are
furthering the purposes of this section.
(2) Submission of information.--The [Administrator]
Administrator of FEMA may require a grant recipient to
submit any information the Administrator considers
reasonably necessary to evaluate the program.
[(e)] (f) [Sunset and Reports] Report.--[The authority
under this section to make grants shall lapse at the conclusion
of 10 years from November 24, 2003. Not later than 6 years
after November. 24, 2003, the Administrator shall submit a
report to Congress concerning] Not later than September 30,
2014, the Administrator of FEMA shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and
the Committee on Science and Technology of the House of
Representatives a report on the experience with, and
effectiveness of, such grants in meeting the objectives of this
section. The report may include any recommendations the
[Administrator] Administrator of FEMA may have for amendments
to this section and related provisions of law.
[(f)] (g) Revocation or Suspension of Funding.--If the
[Administrator] Administrator of FEMA 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 [Administrator]
Administrator of FEMA may revoke or suspend funding of that
grant, in whole or in part.
[(g)] (h) Access to Documents.--
(1) The [Administrator] Administrator of FEMA 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) 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.
[(h)] (i) Definitions.--[In this section, the term--] In
this section:
(1) The term ``firefighter'' has the meaning given
the term ``employee in fire protection activities''
under section 203(y) of title 29[; and].
[(2) ``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. Sec. 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.] (2) The terms
``career fire department'', ``combination fire
department'', and ``volunteer fire department'' have
the meaning given such terms in section 33(a).
[(i)] (j) Authorization of Appropriations.--[There are]
(1) In general.--There are authorized to be
appropriated for the purposes of carrying out this
section--
[(1)] (A) $1,000,000,000 for fiscal year
2004;
[(2)] (B) $1,030,000,000 for fiscal year
2005;
[(3)] (C) $1,061,000,000 for fiscal year
2006;
[(4)] (D) $1,093,000,000 for fiscal year
2007;
[(5)] (E) $1,126,000,000 for fiscal year
2008;
[(6)] (F) $1,159,000,000 for fiscal year
2009; [and]
[(7)] (G) $1,194,000,000 for fiscal year
2010[.]; and
[(8)] (H) $950,000,000 for fiscal year 2011;
and
[(9)] (I) for each of fiscal years 2012
through 2015, an amount equal to the amount
authorized for the previous fiscal year
increased by the percentage by which--
(i) the Consumer Price Index (all
items, United States city average) for
the previous fiscal year, exceeds
(ii) the Consumer Price Index for the
fiscal year preceding the fiscal year
described in subparagraph (A).
(2) Administrative expenses.--Of the amounts
appropriated pursuant to paragraph (1) for a fiscal
year, the Administrator of FEMA may use not more than 5
percent of such amounts to cover salaries and expenses
and other administrative costs incurred by the
Administrator of FEMA to make grants and provide
assistance under this section.
(3) Congressionally directed spending.--Consistent
with the requirement in subsection (a) that grants
under this section be awarded on a competitive basis,
none of the funds appropriated pursuant to this
subsection may be used for any congressionally direct
spending item (as defined in paragraph 5(a) of rule
XLIV of the Standing Rules of the Senate).