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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3791 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                H. R. 3791

_______________________________________________________________________

                                 AN ACT

 
To amend sections 33 and 34 of the Federal Fire Prevention and Control 
                  Act of 1974, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM REAUTHORIZATION.

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

``SEC. 33. FIREFIGHTER ASSISTANCE.

    ``(a) Assistance Program.--
            ``(1) Authority.--In accordance with this section, the 
        Director may--
                    ``(A) make grants on a competitive basis directly 
                to fire departments of a State, in consultation with 
                the chief executive of the State, for the purpose of 
                protecting the health and safety of the public and 
                firefighting personnel throughout the Nation against 
                fire and fire-related hazards;
                    ``(B) make grants on a competitive basis directly 
                to State fire training academies, in consultation with 
                the chief executive of the State, in accordance with 
                paragraph (11)(C);
                    ``(C) provide assistance for fire prevention and 
                firefighter safety research and development programs 
                and fire prevention or fire safety programs and 
                activities in accordance with paragraph (4); and
                    ``(D) provide assistance for volunteer, non-fire 
                service EMS and rescue organizations for the purpose of 
                paragraph (3)(F).
            ``(2) Administrative assistance.--The Director shall 
        establish specific criteria for the selection of recipients of 
        assistance under this section and shall provide grant-writing 
        assistance to applicants.
            ``(3) Use of fire department grant funds.--The Director may 
        make a grant under paragraph (1)(A) only if the applicant for 
        the grant agrees to use the grant funds for one or more of the 
        following purposes:
                    ``(A) To hire additional firefighting personnel.
                    ``(B) To train firefighting personnel in 
                firefighting, emergency medical services and other 
                emergency response (including response to a terrorism 
                incident or use of a weapon of mass destruction), arson 
                prevention and detection, maritime firefighting, or the 
                handling of hazardous materials or to train 
                firefighting personnel to provide any of the training 
                described in this subparagraph.
                    ``(C) To fund the creation of rapid intervention 
                teams to protect firefighting personnel at the scenes 
                of fires and other emergencies.
                    ``(D) To certify fire and building inspectors 
                employed by a fire department or serving as a volunteer 
                building inspector with a fire department.
                    ``(E) To establish wellness and fitness programs 
                for firefighting personnel to ensure that the 
                firefighting personnel can carry out their duties, 
                including programs dedicated to raising awareness of, 
                and prevention of, job-related mental health issues.
                    ``(F) To fund emergency medical services provided 
                by fire departments and volunteer, non-fire service EMS 
                and rescue organizations.
                    ``(G) To acquire additional firefighting vehicles, 
                including fire trucks.
                    ``(H) To acquire additional firefighting equipment, 
                including equipment for communications, monitoring, and 
                response to a terrorism incident or use of a weapon of 
                mass destruction.
                    ``(I) To acquire personal protective equipment 
                required for firefighting personnel by the Occupational 
                Safety and Health Administration and other personal 
                protective equipment for firefighting personnel, 
                including protective equipment to respond to a 
                terrorism incident or the use of a weapon of mass 
                destruction.
                    ``(J) To modify fire stations, fire training 
                facilities, and other facilities to protect the health 
                and safety of firefighting personnel.
                    ``(K) To enforce fire codes and standards.
                    ``(L) To fund fire prevention programs.
                    ``(M) To educate the public about arson prevention 
                and detection.
                    ``(N) To provide incentives for the recruitment and 
                retention of volunteer firefighting personnel for 
                volunteer firefighting departments and other 
                firefighting departments that utilize volunteers.
                    ``(O) To acquire equipment designed to reduce the 
                amount of water used in firefighting or training 
                firefighting personnel.
            ``(4) Fire prevention and firefighter safety research and 
        development programs.--
                    ``(A) In general.--For each fiscal year, the 
                Director shall use not less than 10 percent of the 
                funds made available under subsection (e)--
                            ``(i) to make grants to fire departments 
                        for the purpose described in paragraph (3)(L);
                            ``(ii) to make grants to, or enter into 
                        contracts or cooperative agreements with, 
                        national, State, local, or community 
                        organizations that are not fire departments 
                        but--
                                    ``(I) that are recognized for their 
                                experience and expertise with respect 
                                to fire prevention or fire safety 
                                programs and activities and that 
                                partner with fire departments, for the 
                                purpose of carrying out such programs 
                                and activities;
                                    ``(II) engage in fire- and life 
                                safety-related activities as a primary 
                                purpose or function, for the purpose of 
                                carrying out fire prevention or fire 
                                safety programs and activities; or
                                    ``(III) that are recognized for 
                                their experience and expertise with 
                                respect to firefighter research and 
                                development programs, for the purpose 
                                of carrying out research on fire 
                                prevention or fire safety programs and 
                                activities or to improve firefighter 
                                health and life safety; and
                            ``(iii) if the Director determines that it 
                        is necessary, to make grants or enter into 
                        contracts in accordance with subsection (c).
                    ``(B) Priority.--In selecting organizations 
                described in subparagraph (A)(ii) to receive assistance 
                under this paragraph, the Director shall give priority 
                to organizations that focus on prevention of injuries 
                to high risk groups from fire, as well as research 
                programs that demonstrate the potential to improve 
                firefighter safety.
                    ``(C) Grant limitation.--A grant under this 
                paragraph shall not exceed $1,500,000 for a fiscal 
                year.
                    ``(D) Limitation.--None of the funds made available 
                under this paragraph may be provided to the Association 
                of Community Organizations for Reform Now (ACORN) or 
                any of its affiliates, subsidiaries, or allied 
                organizations.
            ``(5) Application.--The Director may provide assistance to 
        a fire department or organization (including a State fire 
        training academy) under this subsection only if the fire 
        department or organization seeking the assistance submits to 
        the Director an application that meets the following 
        requirements:
                    ``(A) Form.--The application shall be in such form 
                as the Director may require.
                    ``(B) Information.--The application shall include 
                the following information:
                            ``(i) Information that demonstrates the 
                        financial need of the applicant for the 
                        assistance for which applied.
                            ``(ii) An analysis of the costs and 
                        benefits, with respect to public safety, of the 
                        use of the assistance.
                            ``(iii) An agreement to provide information 
                        to the national fire incident reporting system 
                        for the period covered by the assistance.
                            ``(iv) A list of other sources of Federal 
                        funding received by the applicant.
                            ``(v) Any other information that the 
                        Director may require.
                    ``(C) Unnecessary duplication.--The Director, in 
                coordination with the Secretary of Homeland Security, 
                shall use the list provided under subparagraph (B)(iv) 
                to prevent the unnecessary duplication of grant funds.
            ``(6) Matching requirement.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C) and paragraph (8), the Director may provide 
                assistance under this subsection only if the applicant 
                for such assistance agrees to match 10 percent of such 
                assistance for any fiscal year with an equal amount of 
                non-Federal funds.
                    ``(B) Requirement for small community 
                organizations.--In the case of an applicant whose 
                personnel serve jurisdictions of 20,000 or fewer 
                residents, the percent applied under the matching 
                requirement of subparagraph (A) shall be 5 percent.
                    ``(C) Fire prevention and firefighter safety grants 
                exception.--There shall be no matching requirement for 
                a grant described in paragraph (4).
            ``(7) Maintenance of expenditures.--Subject to paragraph 
        (8), the Director may provide assistance under this subsection 
        only if the applicant for the assistance agrees to maintain in 
        the fiscal year for which the assistance will be received the 
        applicant's aggregate expenditures for the uses described in 
        paragraph (3) or (4) at or above 80 percent of the average 
        level of such expenditures in the 2 fiscal years preceding the 
        fiscal year for which the assistance will be received.
            ``(8) Economic hardship waiver.--
                    ``(A) In general.--In exceptional circumstances, 
                the Director may waive or reduce the matching 
                requirement under paragraph (6) and the maintenance of 
                expenditures requirement under paragraph (7) for 
                applicants facing demonstrated economic hardship.
                    ``(B) Criteria development.--The criteria under 
                which the Director may waive or reduce such 
                requirements shall be developed in consultation with 
                individuals who are--
                            ``(i) recognized for expertise in 
                        firefighting, emergency medical services 
                        provided by fire services, or the economic 
                        affairs of State and local governments; and
                            ``(ii) members of national fire service 
                        organizations or national organizations 
                        representing the interests of State and local 
                        governments.
                    ``(C) Public availability.--The Director shall make 
                the criteria developed under subparagraph (B) publicly 
                available.
            ``(9) Variety of fire department grant recipients.--
                    ``(A) In general.--Of the amounts made available 
                under subsection (e), the Director shall ensure that 
                grants under paragraph (1)(A) for a fiscal year are 
                allocated, to the extent that there are eligible 
                applicants to carry out the activities under paragraph 
                (3), as follows:
                            ``(i) 25 percent shall be made available to 
                        career fire departments.
                            ``(ii) 25 percent shall be made available 
                        to volunteer fire departments.
                            ``(iii) 25 percent shall be made available 
                        to combination fire departments.
                    ``(B) Evaluation criteria.--
                            ``(i) In general.--In awarding grants under 
                        paragraph (1)(A), the Director shall, within 
                        each category of applicants under subparagraph 
                        (A), consider a broad range of factors 
                        important to the applicant's ability to respond 
                        to fires and related hazards, such as 
                        population served, geographic response area, 
                        hazard vulnerability, call volume, financial 
                        situation including unemployment rate of the 
                        area being served, and need for training or 
                        equipment.
                            ``(ii) High population and incident 
                        response.--In considering such factors under 
                        clause (i), applicants serving areas with high 
                        population and with a high number of incidents 
                        requiring a response shall receive a higher 
                        level of consideration.
                            ``(iii) Prohibited basis for denial.--In 
                        considering such factors under clause (i), the 
                        Director may not deny a grant to an applicant 
                        solely based on such applicant failing to 
                        demonstrate that the grant will be used to 
                        prepare for or respond to a terrorism incident 
                        or use of a weapon of mass destruction.
                    ``(C) Remainder.--Of the amounts made available 
                under subsection (e) that are not allocated for use and 
                awarded under subparagraph (A) or designated for use 
                under any other provision of this section, the Director 
                shall provide for an open competition for grants among 
                career fire departments, volunteer fire departments, 
                and combination fire departments to carry out the 
                activities under paragraph (3).
            ``(10) Report to the director.--The Director may provide 
        assistance under this subsection only if the applicant for the 
        assistance agrees to submit to the Director a report, including 
        a description of how the assistance was used, with respect to 
        each fiscal year for which the assistance was received.
            ``(11) Grant limitations.--
                    ``(A) Recipient limitations.--A grant recipient 
                under paragraph (1)(A)--
                            ``(i) that serves a jurisdiction with 
                        100,000 people or less may not receive grants 
                        in excess of $1,000,000 for any fiscal year;
                            ``(ii) that serves a jurisdiction with more 
                        than 100,000 people but less than 500,000 
                        people may not receive grants in excess of 
                        $2,000,000 for any fiscal year;
                            ``(iii) that serves a jurisdiction with 
                        500,000 people or more but less than 1,000,000 
                        people may not receive grants in excess of 
                        $3,000,000 for any fiscal year;
                            ``(iv) that serves a jurisdiction with 
                        1,000,000 people or more but less than 
                        2,500,000 people may not receive grants in 
                        excess of $6,000,000 for any fiscal year; and
                            ``(v) that serves a jurisdiction with 
                        2,500,000 people or more may not receive grants 
                        in excess of $9,000,000 for any fiscal year.
                The Director may award grants in excess of the 
                limitations provided in clauses (i), (ii), (iii), and 
                (iv) if the Director determines that extraordinary need 
                for assistance by a jurisdiction warrants a waiver.
                    ``(B) Limitation on expenditures for firefighting 
                vehicles.--Not more than 25 percent of the funds 
                appropriated to provide grants under this section for a 
                fiscal year may be used to assist grant recipients to 
                purchase vehicles, as authorized by paragraph (3)(G).
                    ``(C) State fire training academies.--
                            ``(i) In general.--In accordance with 
                        clause (ii), the Director shall award not more 
                        than 3 percent of the amounts made available 
                        under subsection (e) for a fiscal year for 
                        grants under this subsection for State fire 
                        training academies.
                            ``(ii) Limitation.--The Director shall--
                                    ``(I) award not more than 1 grant 
                                under this subparagraph per State in a 
                                fiscal year;
                                    ``(II) limit the amount of a grant 
                                to a State fire training academy to 
                                less than or equal to$1,000,000 in each 
                                fiscal year; and
                                    ``(III) ensure that any grant 
                                awarded to a State fire training 
                                academy shall be used for the purposes 
                                described in paragraphs 3(G), 3(H), or 
                                3(I).
                    ``(D) Requirements for grants for emergency medical 
                services.--The Director shall award not more than 2 
                percent of the amounts made available under subsection 
                (e) for a fiscal year to volunteer, non-fire service 
                EMS and rescue organizations for the purposes described 
                in paragraph (3)(F).
                    ``(E) Application of selection criteria to grant 
                applications from volunteer, non-fire service ems and 
                rescue organizations.--In reviewing applications 
                submitted by volunteer, non-fire service EMS and rescue 
                organizations, the Director shall consider the extent 
                to which other sources of Federal funding are available 
                to provide the assistance requested in such grant 
                applications.
                    ``(F) Consensus standards.--
                            ``(i) In general.--Any grant amounts used 
                        to obtain training under this section shall be 
                        limited to training that complies with 
                        applicable national voluntary consensus 
                        standards (if applicable national voluntary 
                        consensus standards have been established), 
                        unless a waiver has been granted under clause 
                        (ii).
                            ``(ii) Waiver.--
                                    ``(I) Explanation for non-standard 
                                training.--If an applicant for a grant 
                                seeks to use the assistance provided 
                                under the grant to obtain training that 
                                does not meet or exceed applicable 
                                voluntary consensus standards, the 
                                applicant shall include in the 
                                application an explanation of why such 
                                training will serve the needs of the 
                                applicant better than training that 
                                does meet or exceed such standards.
                                    ``(II) Procedures.--In making a 
                                determination whether or not to waive 
                                the requirement under clause (i) with 
                                respect to a specific standard, the 
                                Director shall, to the greatest extent 
                                practicable--
                                            ``(aa) consult with other 
                                        members of the fire services 
                                        regarding the impact on fire 
                                        departments of the requirement 
                                        to meet or exceed the specific 
                                        standard;
                                            ``(bb) take into 
                                        consideration the explanation 
                                        provided by the applicant under 
                                        subclause (I); and
                                            ``(cc) seek to minimize the 
                                        impact of the requirement to 
                                        meet or exceed the specific 
                                        standard on the applicant, 
                                        particularly if meeting the 
                                        standard would impose 
                                        additional costs.
                                    ``(III) Additional requests.--
                                Applicants that apply for a grant under 
                                the terms of subclause (I) may include 
                                a second grant request in the 
                                application to be considered by the 
                                Director in the event that the Director 
                                does not approve the primary grant 
                                request on the grounds of the training 
                                not meeting applicable voluntary 
                                consensus standards.
            ``(12) Eligible grantee on behalf of alaska native 
        villages.--The Alaska Village Initiatives, a non-profit 
        organization incorporated in the State of Alaska, shall be 
        considered an eligible grantee for purposes of receiving 
        assistance under this section on behalf of Alaska Native 
        villages.
            ``(13) Annual meeting.--The Director shall convene an 
        annual meeting of individuals who are members of national fire 
        service organizations and are recognized for expertise in 
        firefighting or emergency medical services provided by fire 
        services, and who are not employees of the Federal Government, 
        for the purpose of recommending criteria for awarding grants 
        under this section for the next fiscal year and any necessary 
        administrative changes to the grant program.
            ``(14) Guidelines.--
                    ``(A) In general.--Each year, prior to accepting 
                any application for a grant under each program under 
                this section, the Director shall publish in the Federal 
                Register--
                            ``(i) guidelines that describe the process 
                        for applying for grants and the criteria for 
                        awarding grants;
                            ``(ii) an explanation of any differences 
                        between the guidelines and the recommendations 
                        made pursuant to paragraph (13); and
                            ``(iii) the criteria developed under 
                        paragraph (8) which the Director will use to 
                        evaluate applicants for waivers from program 
                        requirements.
                    ``(B) Specific requirement.--The criteria for 
                awarding grants under paragraph (1)(A) shall include 
                the extent to which the grant would enhance the daily 
                operations of the applicant and the impact of such a 
                grant on the protection of lives and property.
            ``(15) Peer review.--The Director, after consultation with 
        national fire service organizations, shall appoint fire service 
        personnel to conduct peer review of applications received under 
        paragraph (5). In making grants under this section, the 
        Director shall consider the results of such peer review 
        evaluations.
            ``(16) Applicability of federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
        apply to activities under paragraphs (13) and (15).
            ``(17) Accounting determination.--Notwithstanding any other 
        provision of law, rule, regulation, or guidance, for purposes 
        of receiving assistance under this section, equipment costs 
        shall include all costs attributable to any design, purchase of 
        components, assembly, manufacture, and transportation of 
        equipment not otherwise commercially available.
    ``(b) Audits.--A recipient of a grant under this section shall be 
subject to audits to ensure that the grant proceeds are expended for 
the intended purposes and that the grant recipient complies with the 
requirements of paragraphs (6) and (7) of subsection (a) unless the 
Director has granted a waiver under subsection (a)(8).
    ``(c) Fire Safety Research Centers.--
            ``(1) In general.--The Director may make a grant under 
        subsection (a)(4)(A)(iii) to an institution of higher 
        education, a national fire service organization, or a national 
        fire safety organization to establish and operate a fire safety 
        research center.
            ``(2) Objectives.--A grant received under this subsection 
        shall be used by such an institution or organization to advance 
        significantly the Nation's ability to reduce the number of 
        fire-related deaths and injuries among firefighters and the 
        general public through research, development, and technology 
        transfer activities.
            ``(3) Limitation.--The Director may establish no more than 
        3 fire safety research centers. An institution of higher 
        education, a national fire service organization, or a national 
        fire safety organization may not directly receive a grant under 
        this section for a fiscal year for more than 1 fire safety 
        research center.
            ``(4) Application.--In order to be eligible to receive a 
        fire safety research center grant, an institution of higher 
        education, a national fire service organization, or a national 
        fire safety organization shall submit to the Director an 
        application that is in such form and contains such information 
        and assurances as the Director may require.
            ``(5) General selection criteria.--The Director shall 
        select each recipient of a grant under this subsection through 
        a competitive process on the basis of the following:
                    ``(A) The demonstrated research and extension 
                resources available to the recipient to carry out the 
                research, development, and technology transfer 
                activities.
                    ``(B) The capability of the recipient to provide 
                leadership in making national contributions to fire 
                safety.
                    ``(C) The recipient's ability to disseminate the 
                results of fire safety research.
                    ``(D) The strategic plan the recipient proposes to 
                carry out under the grant.
            ``(6) Consideration.--The Director shall give special 
        consideration under paragraph (5) to an applicant for a grant 
        that consists of a partnership between a national fire service 
        organization or a national fire safety organization and at 
        least 1 of the following:
                    ``(A) An institution of higher education.
                    ``(B) A minority-serving institution (defined as an 
                eligible institution under section 371(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1067q(a))).
            ``(7) Research needs.--Within 90 days after the date of 
        enactment of the Fire Grants Reauthorization Act of 2009, the 
        Director shall convene a workshop of the fire safety research 
        community, fire service organizations, and other appropriate 
        stakeholders to identify and prioritize fire safety research 
        needs. The results of the workshop shall be made public, and 
        the Director shall consider such results in making awards under 
        this section.
    ``(d) Definitions.--In this section, the following definitions 
apply:
            ``(1) Career fire department.--The term `career fire 
        department' means a firefighting department that has an all 
        professional force of firefighting personnel.
            ``(2) Combination fire department.--The term `combination 
        fire department' means a firefighting department that has a 
        combined force of professional and volunteer firefighting 
        personnel.
            ``(3) Director.--The term `Director' means the Director, 
        acting through the Administrator.
            ``(4) Firefighting personnel.--The term `firefighting 
        personnel' means individuals, including volunteers, who are 
        firefighters, officers of fire departments, or emergency 
        medical service personnel of fire departments.
            ``(5) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(6) Volunteer, non-fire service ems and rescue 
        organization.--
                    ``(A) In general.--The term `volunteer, non-fire 
                service EMS and rescue organization' means a public or 
                private nonprofit emergency medical services 
                organization that--
                            ``(i) is not affiliated with a hospital;
                            ``(ii) does not serve a geographic area in 
                        which the Director finds that emergency medical 
                        services are adequately provided by a fire 
                        department; and
                            ``(iii) is staffed primarily by volunteers.
                    ``(B) Inclusion.--Such term includes a river rescue 
                organization if such organization otherwise meets the 
                definition in subparagraph (A).
            ``(7) Volunteer fire department.--The term `volunteer fire 
        department' means a firefighting department that has an all 
        volunteer force of firefighting personnel.
            ``(8) River rescue organization.--The term `river rescue 
        organization' means an organization that provides emergency 
        search and rescue services to a person affected by a flood, a 
        water-related accident, or another disaster for which services, 
        including water rescue and patrol, dive rescue and recovery, 
        emergency first response, flood recovery, or fire and rescue 
        services on the water, are required.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        for the purposes of this section $1,000,000,000 for each of the 
        fiscal years 2010 through 2014.
            ``(2) Administrative expenses.--
                    ``(A) In general.--Of the funds appropriated 
                pursuant to paragraph (1) for a fiscal year, the 
                Director may use not more than 3 percent of the funds 
                to cover salaries and expenses and other administrative 
                costs incurred by the Director to make grants and 
                provide assistance under this section.
                    ``(B) Formula.--The Director shall subtract the 
                amount to be used for subparagraph (A) from the amount 
                appropriated pursuant to paragraph (1) before making 
                any allocations or apportioning any funds under 
                subsections (a) or (c).''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) from fiscal years 2003 through 2008--
                    (A) the funding appropriated for activities under 
                section 33 of the Federal Fire Prevention and Control 
                Act of 1974 declined by approximately 30 percent; and
                    (B) the number of fire departments receiving awards 
                declined by nearly 40 percent, while the number of 
                applicants increased, resulting in a reduction in 
                applicant success rates from over 43 percent to just 25 
                percent;
            (2) the House-passed conference report for the Department 
        of Homeland Security Appropriations Act, 2010 appropriates $390 
        million for activities under such section 33, a decrease of 
        over 30 percent below that provided in fiscal year 2009;
            (3) declining funding reduces the Director's ability to 
        successfully carry out the primary purpose of such section, 
        which is to protect the health and safety of the public and 
        firefighting personnel throughout the Nation against fire and 
        fire-related hazards; and
            (4) halting and reversing the decline in appropriations to 
        ensure a high level of funding for the activities under such 
        section 33 should be a top priority.

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

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

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

    ``(a) Expanded Authority To Make Grants.--
            ``(1) Hiring grants.--
                    ``(A) In general.--The Director shall make grants 
                directly to career, volunteer, and combination fire 
                departments, in consultation with the chief executive 
                of the State in which the applicant is located, for the 
                purpose of increasing the number of firefighters to 
                help communities meet industry minimum standards and 
                attain 24-hour staffing to provide adequate protection 
                from fire and fire-related hazards and to fulfill 
                traditional missions of fire departments that antedate 
                the creation of the Department of Homeland Security.
                    ``(B) Requirements.--
                            ``(i) Duration and use.--Grants made under 
                        this paragraph shall be for 3 years and shall 
                        be used for programs to hire new, additional 
                        firefighters.
                            ``(ii) Retention.--Grant recipients are 
                        required to commit to retaining for at least 
                        the entire 3 years of the grant period those 
                        firefighters hired under this paragraph.
                            ``(iii) Maximum.--The portion of the cost 
                        of hiring firefighters provided by a grant 
                        under this paragraph may not exceed 80 percent 
                        of such cost for each fiscal year.
                    ``(C) Preference.--In awarding grants under this 
                subsection, the Director may give preferential 
                consideration to applications that involve a non-
                Federal contribution exceeding the minimums under 
                subparagraph (B)(iii).
                    ``(D) Technical assistance.--The Director may 
                provide technical assistance to States, units of local 
                government, Indian tribal governments, and other public 
                entities in furtherance of the purposes of this 
                section.
                    ``(E) Volunteer activities allowed.--
                Notwithstanding any other provision of law, any 
                firefighter hired with funds provided under this 
                subsection shall not be discriminated against for, or 
                be prohibited from, engaging in volunteer activities in 
                another jurisdiction during off-duty hours.
                    ``(F) Competitive basis.--The Director shall award 
                all grants under this section on a competitive basis 
                through a neutral peer review process.
                    ``(G) Set aside.--
                            ``(i) In general.--At the beginning of the 
                        fiscal year, the Director shall set aside 10 
                        percent of the funds made available for 
                        carrying out this paragraph for departments 
                        with majority volunteer or all volunteer 
                        personnel.
                            ``(ii) Transfer.--After awards have been 
                        made, if less than 10 percent of the funds made 
                        available for carrying out this paragraph are 
                        not awarded to departments with majority 
                        volunteer or all volunteer personnel, the 
                        Director shall transfer from funds made 
                        available for carrying out this paragraph to 
                        funds made available for carrying out paragraph 
                        (2) an amount equal to the difference between 
                        the amount that is provided to such fire 
                        departments and 10 percent.
            ``(2) Recruitment and retention grants.--
                    ``(A) In general.--In addition to any amounts 
                transferred under paragraph (1)(G)(ii), the Director 
                shall direct at least 10 percent of the total amount of 
                funds made available under this section annually to a 
                competitive grant program for the recruitment and 
                retention of volunteer firefighters who are involved 
                with or trained in the operations of firefighting and 
                emergency response.
                    ``(B) Eligibility.--Eligible entities shall include 
                volunteer or combination fire departments and 
                organizations on a local, statewide, or national basis 
                that represent the interests of volunteer firefighters.
    ``(b) Applications.--
            ``(1) In general.--No grant may be made under this section 
        unless an application has been submitted to, and approved by, 
        the Director.
            ``(2) Contents.--An application for a grant under this 
        section shall be submitted in such form and contain such 
        information and assurances as the Director may prescribe.
            ``(3) Requirements.--At a minimum, each application for a 
        grant under this section shall--
                    ``(A) explain the applicant's inability to address 
                the need without Federal assistance;
                    ``(B) in the case of a grant under subsection 
                (a)(1), explain how the applicant plans to meet the 
                requirements of subparagraphs (B)(ii) and (E) of such 
                subsection;
                    ``(C) specify long-term plans for retaining 
                firefighters following the conclusion of Federal 
                support provided under this section; and
                    ``(D) provide assurances that the applicant will, 
                to the extent practicable, seek, recruit, and hire 
                members of racial and ethnic minority groups and women 
                in order to increase their ranks within firefighting.
    ``(c) Limitation on Use of Funds.--
            ``(1) Supplement, not supplant.--Funds made available under 
        this section to fire departments for salaries and benefits to 
        hire new, additional firefighters shall not be used to supplant 
        State or local funds, or, in the case of Indian tribal 
        governments, funds supplied by the Bureau of Indian Affairs, 
        but shall be used to increase the amount of funds that would, 
        in the absence of Federal funds received under this section, be 
        made available from State or local sources, or in the case of 
        Indian tribal governments, from funds supplied by the Bureau of 
        Indian Affairs.
            ``(2) Replacement funding prohibited.--No grant shall be 
        awarded pursuant to this section to a municipality or other 
        recipient whose annual budget at the time of the application 
        for fire-related programs and emergency response has been 
        reduced below 80 percent of the average funding level in the 3 
        years prior to the date of application.
            ``(3) Indian cost-share.--Funds appropriated by the 
        Congress for the activities of any agency of an Indian tribal 
        government or the Bureau of Indian Affairs performing 
        firefighting functions on any Indian lands may be used to 
        provide the non-Federal share of the cost of programs or 
        projects funded under this section.
    ``(d) Waiver.--In exceptional circumstances, the Director may waive 
the requirements of subsections (a)(1)(B)(ii), (a)(1)(B)(iii), (c)(1), 
and (c)(2) if the Director determines that the jurisdiction is facing 
demonstrated economic hardship in accordance with section 33(a)(8).
    ``(e) Performance Evaluation.--The Director may require a grant 
recipient to submit any information the Director considers reasonably 
necessary to evaluate the program.
    ``(f) Sunset; Reports.--
            ``(1) Sunset.--The authority under this section to make 
        grants shall lapse at the end of the 10-year period that begins 
        on the date of enactment of the Fire Grants Reauthorization Act 
        of 2009.
            ``(2) Report.--Not later than 6 years after such date of 
        enactment, the Director shall submit to Congress a report 
        concerning the experience with, and effectiveness of, such 
        grants in meeting the objectives of this section. The report 
        may include any recommendations the Director may have for 
        amendments to this section and related provisions of law.
    ``(g) Revocation or Suspension of Funding.--If the Director 
determines that a grant recipient under this section is not in 
substantial compliance with the terms and requirements of an approved 
grant application submitted under this section, the Director may revoke 
or suspend funding of that grant, in whole or in part.
    ``(h) Access to Documents.--
            ``(1) In general.--The Director shall have access for the 
        purpose of audit and examination to any pertinent books, 
        documents, papers, or records of a grant recipient under this 
        section and to the pertinent books, documents, papers, or 
        records of State and local governments, persons, businesses, 
        and other entities that are involved in programs, projects, or 
        activities for which assistance is provided under this section.
            ``(2) Application.--Paragraph (1) shall apply with respect 
        to audits and examinations conducted by the Comptroller General 
        of the United States or by an authorized representative of the 
        Comptroller General.
    ``(i) Definitions.--In this section, the term--
            ``(1) `Director' means the Director, acting through the 
        Administrator;
            ``(2) `firefighter' has the meaning given the term 
        `employee in fire protection activities' under section 3(y) of 
        the Fair Labor Standards Act of 1938 (29 U.S.C. 203(y)); and
            ``(3) `Indian tribe' means a tribe, band, pueblo, nation, 
        or other organized group or community of Indians, including an 
        Alaska Native village (as defined in or established under the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), 
        that is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated for the purposes of carrying out this section 
$1,194,000,000 for each of the fiscal years 2010 through 2014.''.

SEC. 4. STUDY AND REPORT.

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

SEC. 5. NATIONAL VOLUNTARY CONSENSUS STANDARDS.

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

SEC. 6. PROHIBITION ON EARMARKS.

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

            Passed the House of Representatives November 18, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H. R. 3791

_______________________________________________________________________

                                 AN ACT

To amend sections 33 and 34 of the Federal Fire Prevention and Control 
                  Act of 1974, and for other purposes.
```