U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

111–235 

Calendar No. 488 

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 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

ROLAND W. BURRIS, Illinois 

EDWARD E. KAUFMAN, Delaware 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

GEORGE V. VOINOVICH, Ohio 

JOHN ENSIGN, Nevada 

LINDSEY GRAHAM, South Carolina 

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 


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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 


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1P.L. 106–398. 

2P.L. 108–375. 

3S. 1941, S. 1899, and H.R. 1168 (106th Congress). 

4 U.S. Fire Administration, A Needs Assessment of the U.S. Fire Service, FA–240, December 

2002, p. iv. 5SAFER 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. § 2229a. 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. 

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. § 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. 

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

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 


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7GAO, Fire Grants, passim. 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. 10GAO, 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. 

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. 

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

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. 

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 socalled ‘‘combination’’ departments (which include both career and 

volunteer firefighters) would receive a percentage of grant funds no 


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11 National Fire Protection Association, U.S. Department Profile Through 2007, November 

2008, p. 18. 

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. 

TABLE 1: PERCENTAGE OF AFG FUNDS AWARDED BY DEPARTMENT TYPE, FY2002–2008 

Career Combination Volunteer Paid on 

call/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 


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12S. 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.’’ 13Funding 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. 

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

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. 


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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. 


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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. § 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. § 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 


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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 nonfire-department-based EMS organizations; that a minimum of 10 


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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. 


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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. § 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. § 2229a). 

Subsection (j) changes the title of Section 34 of the Federal Fire 

Prevention and Control Act (15 U.S.C. § 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 


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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 2012 2013 2014 2015 2011- 

2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Assistance 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 


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By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011- 

2015 

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 firetraining 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. 


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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) ø‘‘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 organizaVerDate Mar 15 2010 06:35 Jul 30, 2010 Jkt 089010 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\SR235.XXX SR235

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tion 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’’, øand 

‘‘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; 

ø(6)¿ (7) ‘‘local’’ means of or pertaining to any city, town, 

county, special purpose district, unincorporated territory, or 

other political subdivision of a State; 

ø(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; 

ø(8)¿ (10) ø‘‘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. § 101). ø(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. § 5315). The Administrator 

shall report and be responsible to the øDirector¿ 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. § 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 


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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 øDirector¿ 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 øDirector¿ 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 øDirector¿ Administrator of FEMA selects, subject to the following provisions: 

(1) The øDirector¿ 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 øDirector¿ Administrator of FEMA. 

(2) The Site Selection Board in making its recommendations 

and the øDirector¿ 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 øDirector¿ 

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 

øDirector¿ 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 øDirector¿ Administrator of FEMA shall select eight such persons to serve as members 

of such Board of Visitors to serve such terms as the øDirector¿ 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 øDirector¿ 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) * * * 


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(c) PAYMENT.—The øDirector¿ 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 øDirector’s Award¿ Administrator’s Award For Distinguished Public Safety Service (ø‘‘Director’s Award’’¿ ‘‘Administrator’s Award’’). 

(b) DESCRIPTION.—øDirector’s Award¿ Administrator’s Award 

shall be presented by the øDirector¿ Administrator of FEMA or by 

the Attorney General to public safety officers for distinguished 

service in the field of public safety. 

(c) AWARD.—Each øDirector’s Award¿ Administrator’s Award 

shall consist of an appropriate citation. 

(d) REGULATIONS.—The øDirector¿ 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 øDirector¿ 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; 


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(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 øDirector¿ 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 øDirector¿ 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) * * * 


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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 øDirector¿ 

Administrator of FEMA, submit to the øDirector¿ 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 øDirector¿ 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 øDirector¿ 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 øDirector¿ 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 

øDirector¿ 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 øDirector¿ 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. 

ø(a) Definition of firefighting personnel. In this section, the term 

firefighting personnel means individuals, including volunteers, who 


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are firefighters, officers of fire departments, or emergency medical 

service personnel of fire departments. 

ø(b) ASSISTANCE PROGRAM.— 

ø(1) AUTHORITY.—In accordance with this section, the Director may— 

ø(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; 

ø(B) provide assistance for fire prevention and firefighter 

safety research and development programs in accordance 

with paragraph (4); and 

ø(C) provide assistance for nonaffiliated EMS organizations for the purpose of paragraph (3)(F). 

ø(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. 

ø(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: 

ø(A) To hire additional firefighting personnel. 

ø(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. 

ø(C) To fund the creation of rapid intervention teams to 

protect firefighting personnel at the scenes of fires and 

other emergencies. 

ø(D) To certify fire inspectors. 

ø(E) To establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel 

can carry out their duties. 

ø(F) To fund emergency medical services provided by fire 

departments and nonaffiliated EMS organizations. 

ø(G) To acquire additional firefighting vehicles, including fire trucks. 

ø(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. 

ø(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. 


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ø(J) To modify fire stations, fire training facilities, and 

other facilities to protect the health and safety of firefighting personnel. 

ø(K) To enforce fire codes. 

ø(L) To fund fire prevention programs. 

ø(M) To educate the public about arson prevention and 

detection. 

ø(N) To provide incentives for the recruitment and retention of volunteer firefighting personnel for volunteer firefighting departments and other firefighting departments 

that utilize volunteers. 

ø(4) FIRE PREVENTION AND FIREFIGHTER SAFETY RESEARCH

AND DEVELOPMENT PROGRAMS.— ø(A) IN GENERAL.—For each fiscal year, the Director 

shall use not less than 5 percent of the funds made available under subsection (e)— 

ø(i) to make grants to fire departments for the purpose described in paragraph (3)(L); and 

ø(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. 

ø(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. 

ø(C) GRANT LIMITATION.—A grant under this paragraph 

shall not be greater than $1,000,000 for a fiscal year. 

ø(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: 

ø(A) FORM.—The application shall be in such form as the 

Director may require. 

ø(B) INFORMATION.—The application shall include the 

following information: 

ø(i) Financial need. Information that demonstrates 

the financial need of the applicant for the assistance 

for which applied. 

ø(ii) Cost-benefit analysis. An analysis of the costs 

and benefits, with respect to public safety, of the use 

of the assistance. 

ø(iii) Reporting systems data. An agreement to provide information to the national fire incident reporting 

system for the period covered by the assistance. 

ø(iv) Other Federal support. A list of other sources 

of Federal funding received by the applicant. The DiVerDate Mar 15 2010 06:35 Jul 30, 2010 Jkt 089010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\SR235.XXX SR235

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rector, in coordination with the Secretary of Homeland 

Security, shall use such list to prevent unnecessary 

duplication of grant funds. 

ø(v) Other information. Any other information that 

the Director may require. 

ø(6) MATCHING REQUIREMENT.— 

ø(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. 

ø(B) REQUIREMENT FOR SMALL COMMUNITY ORGANIZATIONS.—In the case of an applicant whose personnel— 

ø(i) serve jurisdictions of 50,000 or fewer residents, 

the percent applied under the matching requirement 

of subparagraph (A) shall be 10 percent; and 

ø(ii) serve jurisdictions of 20,000 or fewer residents, 

the percent applied under the matching requirement 

of subparagraph (A) shall be 5 percent. 

ø(C) FIRE PREVENTION AND FIREFIGHTER SAFETY

GRANTS.—There shall be no matching requirement for a 

grant described in paragraph (4)(A)(ii). 

ø(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. 

ø(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. 

ø(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— 

ø(A) paid, volunteer, and combination fire departments; 

ø(B) fire departments located in communities of varying 

sizes; and 

ø(C) fire departments located in urban, suburban, and 

rural communities. 

ø(10) GRANT LIMITATIONS.— 

ø(A) RECIPIENT LIMITATIONS.—A grant recipient under 

subsection (b)(1)(A)— 

ø(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; 

ø(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 


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ø(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. 

ø(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. 

ø(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). 

ø(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). 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(14) GUIDELINES.— 


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ø(A) Each year, prior to making any grants under this 

section, the Director shall publish in the Federal Register— 

ø(i) guidelines that describe the process for applying 

for grants and the criteria for awarding grants; and 

ø(ii) an explanation of any differences between the 

guidelines and the recommendations made pursuant 

to paragraph (13). 

ø(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. 

ø(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. 

ø(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). 

ø(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. 

ø(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). 

ø(d) DEFINITIONS.—In this section— 

ø(1) the term Director means the Director, acting through 

the Administrator; 

ø(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 

ø(3) the term State includes the District of Columbia and the 

Commonwealth of Puerto Rico. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

ø(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. 

ø(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 


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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; 


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25 

(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; 


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(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.— 


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(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. 


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(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 SAFE- TY 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 organizaVerDate Mar 15 2010 06:35 Jul 30, 2010 Jkt 089010 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\SR235.XXX SR235

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tion 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 DEPART- MENTS.—In considering applications for grants under subsection (c)(1)(A), the Administrator of FEMA shall consider the 


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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 ORGANIZA- TIONS.—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 CER- TAIN 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 REQUIRE- MENTS.— 

(1) MATCHING REQUIREMENT FOR ASSISTANCE TO FIRE- FIGHTERS 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 SAFE- TY 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 


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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.— 


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(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 VIL- LAGES.—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. § 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, inVerDate Mar 15 2010 06:35 Jul 30, 2010 Jkt 089010 PO 00000 Frm 00034 Fmt 6659 Sfmt 6603 E:\HR\OC\SR235.XXX SR235

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cluding 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 


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34 

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 øAdministrator shall¿ Administrator of FEMA 

shall, in consultation with the Administrator, make grants 

directly to øcareer, 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 ø4 

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 ønot 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 


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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 øAdministrator 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 øorganizations 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 øAdministrator¿ Administrator of FEMA. (2) An application for a grant under this section shall be submitted in such form, and contain such information, as the øAdministrator¿ 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. 


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(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. 

ø(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. 

ø(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 øAdministrator¿ Administrator of FEMA may require a grant recipient to submit 

any information the Administrator considers reasonably necessary to evaluate the program. 

ø(e)¿ (f) øSUNSET AND REPORTS¿ REPORT.—øThe 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 


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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 øAdministrator¿ Administrator of FEMA may have for 

amendments to this section and related provisions of law. 

ø(f)¿ (g) REVOCATION OR SUSPENSION OF FUNDING.—If the øAdministrator¿ 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 øAdministrator¿ Administrator of 

FEMA may revoke or suspend funding of that grant, in whole or 

in part. 

ø(g)¿ (h) ACCESS TO DOCUMENTS.— (1) The øAdministrator¿ 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. 

ø(h)¿ (i) DEFINITIONS.—øIn 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 29ø; and¿. ø(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. § 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). 

ø(i)¿ (j) AUTHORIZATION OF APPROPRIATIONS.—øThere are¿ 

(1) IN GENERAL.—There are authorized to be appropriated for 

the purposes of carrying out this section— 

ø(1)¿ (A) $1,000,000,000 for fiscal year 2004; 

ø(2)¿ (B) $1,030,000,000 for fiscal year 2005; 

ø(3)¿ (C) $1,061,000,000 for fiscal year 2006; 

ø(4)¿ (D) $1,093,000,000 for fiscal year 2007; 

ø(5)¿ (E) $1,126,000,000 for fiscal year 2008; 

ø(6)¿ (F) $1,159,000,000 for fiscal year 2009; øand¿ 

ø(7)¿ (G) $1,194,000,000 for fiscal year 2010ø.¿; and 

ø(8)¿ (H) $950,000,000 for fiscal year 2011; and 

ø(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 


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(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). 

Æ 


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