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[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.
---------------------------------------------------------------------------
    \1\P.L. 106-398.
    \2\P.L. 108-375.
    \3\S. 1941, S. 1899, and H.R. 1168 (106th Congress).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                                                                          2011-
                                                        2011      2012      2013      2014      2015      2015
----------------------------------------------------------------------------------------------------------------
                                  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
----------------------------------------------------------------------------------------------------------------

                           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).

                                  
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