II 

112TH CONGRESS 

1ST SESSION S. 550 

To improve the provision of assistance to fire departments, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2011 

Mr. LIEBERMAN (for himself, Ms. COLLINS, Mr. CARPER, and Mr. BROWN of 

Massachusetts) introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To improve the provision of assistance to fire departments, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fire Grants Reauthor5 ization Act of 2011’’. 

6 SEC. 2. AMENDMENTS TO DEFINITIONS. 

7 (a) IN GENERAL.—Section 4 of the Federal Fire Pre8 vention and Control Act of 1974 (15 U.S.C. 2203) is 

9 amended— 


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1 (1) in paragraph (3), by inserting ‘‘, except as 

2 otherwise provided,’’ after ‘‘means’’; 

3 (2) in paragraph (4), by striking ‘‘ ‘Director’ 

4 means’’ and all that follows through ‘‘Agency;’’ and 

5 inserting ‘‘ ‘Administrator of FEMA’ means the Ad6 ministrator of the Federal Emergency Management 

7 Agency;’’; 

8 (3) in paragraph (5)— 

9 (A) by inserting ‘‘Indian tribe,’’ after 

10 ‘‘county,’’; and 

11 (B) by striking ‘‘and ‘firecontrol’ ’’ and in12 serting ‘‘and ‘fire control’ ’’; 

13 (4) by redesignating paragraphs (6) through 

14 (9) as paragraphs (7) through (10), respectively; 

15 (5) by inserting after paragraph (5), the fol16 lowing: 

17 ‘‘(6) ‘Indian tribe’ has the meaning given that 

18 term in section 4 of the Indian Self-Determination 

19 and Education Assistance Act (25 U.S.C. 450b) and 

20 ‘tribal’ means of or pertaining to an Indian tribe;’’; 

21 (6) by redesignating paragraphs (9) and (10), 

22 as redesignated by paragraph (4), as paragraphs 

23 (10) and (11); 

24 (7) by inserting after paragraph (8), as redesig25 nated by paragraph (4), the following: 


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1 ‘‘(9) ‘Secretary’ means, except as otherwise pro2 vided, the Secretary of Homeland Security;’’; and 

3 (8) by amending paragraph (10), as redesig4 nated by paragraph (6), to read as follows: 

5 ‘‘(10) ‘State’ has the meaning given the term in 

6 section 2 of the Homeland Security Act of 2002 (6 

7 U.S.C. 101).’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) ADMINISTRATOR OF FEMA.—The Federal 

10 Fire Prevention and Control Act of 1974 (15 U.S.C. 

11 2201 et seq.) is amended by striking ‘‘Director’’ 

12 each place it appears and inserting ‘‘Administrator 

13 of FEMA’’. 

14 (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec15 tion 15 of such Act (15 U.S.C. 2214) is amended by 

16 striking ‘‘Director’s Award’’ each place it appears 

17 and inserting ‘‘Administrator’s Award’’. 

18 SEC. 3. ASSISTANCE TO FIREFIGHTER GRANTS. 

19 Section 33 of the Federal Fire Prevention and Con20 trol Act of 1974 (15 U.S.C. 2229) is amended to read 

21 as follows: 

22 ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) AVAILABLE GRANT FUNDS.—The term 

25 ‘available grant funds’, with respect to a fiscal year, 


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1 means those funds appropriated pursuant to the au2 thorization of appropriations in subsection (p)(1) for 

3 such fiscal year less any funds used for administra4 tive costs pursuant to subsection (p)(2) in such fis5 cal year. 

6 ‘‘(2) CAREER FIRE DEPARTMENT.—The term 

7 ‘career fire department’ means a fire department 

8 that has an all-paid force of firefighting personnel 

9 other than paid-on-call firefighters. 

10 ‘‘(3) COMBINATION FIRE DEPARTMENT.—The 

11 term ‘combination fire department’ means a fire de12 partment that has— 

13 ‘‘(A) paid firefighting personnel; and 

14 ‘‘(B) volunteer firefighting personnel. 

15 ‘‘(4) FIREFIGHTING PERSONNEL.—The term 

16 ‘firefighting personnel’ means individuals, including 

17 volunteers, who are firefighters, officers of fire de18 partments, or emergency medical service personnel 

19 of fire departments. 

20 ‘‘(5) NONAFFILIATED EMS ORGANIZATION.— 

21 The term ‘nonaffiliated EMS organization’ means a 

22 public or private nonprofit emergency medical serv23 ices organization that is not affiliated with a hospital 

24 and does not serve a geographic area in which the 

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1 ical services are adequately provided by a fire de2 partment. 

3 ‘‘(6) PAID-ON-CALL.—The term ‘paid-on-call’ 

4 with respect to firefighting personnel means fire5 fighting personnel who are paid a stipend for each 

6 event to which they respond. 

7 ‘‘(7) VOLUNTEER FIRE DEPARTMENT.—The 

8 term ‘volunteer fire department’ means a fire de9 partment that has an all-volunteer force of fire10 fighting personnel. 

11 ‘‘(b) ASSISTANCE PROGRAM.— 

12 ‘‘(1) AUTHORITY.—In accordance with this sec13 tion, the Administrator of FEMA may, in consulta14 tion with the Administrator of the United States 

15 Fire Administration, award— 

16 ‘‘(A) assistance to firefighters grants under 

17 subsection (c); and 

18 ‘‘(B) fire prevention and safety grants and 

19 other assistance under subsection (d). 

20 ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad21 ministrator of FEMA shall— 

22 ‘‘(A) establish specific criteria for the se23 lection of grant recipients under this section; 

24 and 


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1 ‘‘(B) provide assistance with application 

2 preparation to applicants for such grants. 

3 ‘‘(c) ASSISTANCE TO FIREFIGHTERS GRANTS.— 

4 ‘‘(1) IN GENERAL.—The Administrator of 

5 FEMA may, in consultation with the chief executives 

6 of the States in which the recipients are located, 

7 award grants on a competitive basis directly to— 

8 ‘‘(A) fire departments, for the purpose of 

9 protecting the health and safety of the public 

10 and firefighting personnel throughout the 

11 United States against fire, fire-related, and 

12 other hazards; 

13 ‘‘(B) nonaffiliated EMS organizations to 

14 support the provision of emergency medical 

15 services; and 

16 ‘‘(C) State fire training academies for the 

17 purposes described in subparagraphs (G), (H), 

18 and (I) of paragraph (3). 

19 ‘‘(2) MAXIMUM GRANT AMOUNTS.— 

20 ‘‘(A) POPULATION.—The Administrator of 

21 FEMA may not award a grant under this sub22 section in excess of amounts as follows: 

23 ‘‘(i) In the case of a recipient that 

24 serves a jurisdiction with 100,000 people 

25 or fewer, the amount of the grant awarded 


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1 to such recipient shall not exceed 

2 $1,000,000 in any fiscal year. 

3 ‘‘(ii) In the case of a recipient that 

4 serves a jurisdiction with more than 

5 100,000 people but not more than 500,000 

6 people, the amount of the grant awarded 

7 to such recipient shall not exceed 

8 $2,000,000 in any fiscal year. 

9 ‘‘(iii) In the case of a recipient that 

10 serves a jurisdiction with more than 

11 500,000 but not more than 1,000,000 peo12 ple, the amount of the grant awarded to 

13 such recipient shall not exceed $3,000,000 

14 in any fiscal year. 

15 ‘‘(iv) In the case of a recipient that 

16 serves a jurisdiction with more than 

17 1,000,000 people but not more than 

18 2,500,000 people, the amount of the grant 

19 awarded to such recipient shall not exceed 

20 $6,000,000 for any fiscal year. 

21 ‘‘(v) In the case of a recipient that 

22 serves a jurisdiction with more than 

23 2,500,000 people, the amount of the grant 

24 awarded to such recipient shall not exceed 

25 $9,000,000 in any fiscal year. 


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1 ‘‘(B) STATE FIRE TRAINING ACADEMIES.— 

2 The Administrator of FEMA may not award a 

3 grant under this subsection to a State fire 

4 training academy in an amount that exceeds 

5 $1,000,000 in any fiscal year. 

6 ‘‘(C) AGGREGATE.— 

7 ‘‘(i) IN GENERAL.—Notwithstanding 

8 subparagraphs (A) and (B) and except as 

9 provided under clause (ii), the Adminis10 trator of FEMA may not award a grant 

11 under this subsection in a fiscal year in an 

12 amount that exceeds the amount that is 

13 one percent of the available grant funds in 

14 such fiscal year. 

15 ‘‘(ii) EXCEPTION.—The Administrator 

16 of FEMA may waive the limitation in 

17 clause (i) with respect to a grant recipient 

18 if the Administrator of FEMA determines 

19 that such recipient has an extraordinary 

20 need for a grant in an amount that exceeds 

21 the limit under clause (i). 

22 ‘‘(3) USE OF GRANT FUNDS.—Each entity re23 ceiving a grant under this subsection shall use the 

24 grant for one or more of the following purposes: 

25 ‘‘(A) To train firefighting personnel in— 


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1 ‘‘(i) firefighting; 

2 ‘‘(ii) emergency medical services and 

3 other emergency response (including re4 sponse to natural disasters, acts of ter5 rorism, and other man-made disasters); 

6 ‘‘(iii) arson prevention and detection; 

7 ‘‘(iv) maritime firefighting; or 

8 ‘‘(v) the handling of hazardous mate9 rials. 

10 ‘‘(B) To train firefighting personnel to 

11 provide any of the training described under sub12 paragraph (A). 

13 ‘‘(C) To fund the creation of rapid inter14 vention teams to protect firefighting personnel 

15 at the scenes of fires and other emergencies. 

16 ‘‘(D) To certify— 

17 ‘‘(i) fire inspectors; and 

18 ‘‘(ii) building inspectors— 

19 ‘‘(I) whose responsibilities include 

20 fire safety inspections; and 

21 ‘‘(II) who are employed by or 

22 serving as volunteers with a fire de23 partment. 

24 ‘‘(E) To establish wellness and fitness pro25 grams for firefighting personnel to ensure that 


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1 the firefighting personnel are able to carry out 

2 their duties as firefighters. 

3 ‘‘(F) To fund emergency medical services 

4 provided by fire departments and nonaffiliated 

5 EMS organizations. 

6 ‘‘(G) To acquire additional firefighting ve7 hicles, including fire trucks and other appa8 ratus. 

9 ‘‘(H) To acquire additional firefighting 

10 equipment, including equipment for— 

11 ‘‘(i) fighting fires with foam in remote 

12 areas without access to water; and 

13 ‘‘(ii) communications, monitoring, and 

14 response to a natural disaster, act of ter15 rorism, or other man-made disaster, in16 cluding the use of a weapon of mass de17 struction. 

18 ‘‘(I) To acquire personal protective equip19 ment, including personal protective equip20 ment— 

21 ‘‘(i) prescribed for firefighting per22 sonnel by the Occupational Safety and 

23 Health Administration of the Department 

24 of Labor; or 


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1 ‘‘(ii) for responding to a natural dis2 aster or act of terrorism or other man3 made disaster, including the use of a weap4 on of mass destruction. 

5 ‘‘(J) To modify fire stations, fire training 

6 facilities, and other facilities to protect the 

7 health and safety of firefighting personnel. 

8 ‘‘(K) To educate the public about arson 

9 prevention and detection. 

10 ‘‘(L) To provide incentives for the recruit11 ment and retention of volunteer firefighting 

12 personnel for volunteer firefighting departments 

13 and other firefighting departments that utilize 

14 volunteers. 

15 ‘‘(M) To support such other activities, con16 sistent with the purposes of this subsection, as 

17 the Administrator of FEMA determines appro18 priate. 

19 ‘‘(d) FIRE PREVENTION AND SAFETY GRANTS.— 

20 ‘‘(1) IN GENERAL.—For the purpose of assist21 ing fire prevention programs and supporting fire22 fighter health and safety research and development, 

23 the Administrator of FEMA may, on a competitive 

24 basis— 

25 ‘‘(A) award grants to fire departments; 


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1 ‘‘(B) award grants to, or enter into con2 tracts or cooperative agreements with, national, 

3 State, local, tribal, or nonprofit organizations 

4 that are not fire departments and that are rec5 ognized for their experience and expertise with 

6 respect to fire prevention or fire safety pro7 grams and activities and firefighter research 

8 and development programs, for the purpose of 

9 carrying out— 

10 ‘‘(i) fire prevention programs; and 

11 ‘‘(ii) research to improve firefighter 

12 health and life safety; and 

13 ‘‘(C) award grants to, or enter into con14 tracts with, regionally accredited institutions of 

15 higher education and national fire service orga16 nizations or national fire safety organizations to 

17 support joint programs focused on reducing 

18 firefighter fatalities and non-fatal injuries, in19 cluding programs for establishing fire safety re20 search centers as the Administrator of FEMA 

21 determines appropriate. 

22 ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant 

23 awarded under this subsection may not exceed 

24 $1,500,000 for a fiscal year. 


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1 ‘‘(3) USE OF GRANT FUNDS.—Each entity re2 ceiving a grant under this subsection shall use the 

3 grant for one or more of the following purposes: 

4 ‘‘(A) To enforce fire codes and promote 

5 compliance with fire safety standards. 

6 ‘‘(B) To fund fire prevention programs. 

7 ‘‘(C) To fund wildland fire prevention pro8 grams, including education, awareness, and 

9 mitigation programs that protect lives, prop10 erty, and natural resources from fire in the 

11 wildland-urban interface. 

12 ‘‘(D) In the case of a grant awarded under 

13 paragraph (1)(C), to fund the establishment or 

14 operation of— 

15 ‘‘(i) a fire safety research center; or 

16 ‘‘(ii) a program at such a center. 

17 ‘‘(E) To support such other activities, con18 sistent with the purposes of this subsection, as 

19 the Administrator of FEMA determines appro20 priate. 

21 ‘‘(e) APPLICATIONS FOR GRANTS.— 

22 ‘‘(1) IN GENERAL.—An entity seeking a grant 

23 under this section shall submit to the Administrator 

24 of FEMA an application therefor in such form and 


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1 in such manner as the Administrator of FEMA de2 termines appropriate. 

3 ‘‘(2) ELEMENTS.—Each application submitted 

4 under paragraph (1) shall include the following: 

5 ‘‘(A) A description of the financial need of 

6 the applicant for the grant. 

7 ‘‘(B) An analysis of the costs and benefits, 

8 with respect to public safety, of the use for 

9 which a grant is requested. 

10 ‘‘(C) An agreement to provide information 

11 to the national fire incident reporting system 

12 for the period covered by the grant. 

13 ‘‘(D) A list of other sources of funding re14 ceived by the applicant— 

15 ‘‘(i) for the same purpose for which 

16 the application for a grant under this sec17 tion was submitted; or 

18 ‘‘(ii) from the Federal Government for 

19 other fire-related purposes. 

20 ‘‘(E) Such other information as the Ad21 ministrator of FEMA determines appropriate. 

22 ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— 

23 ‘‘(A) IN GENERAL.—Two or more entities 

24 may submit an application under paragraph (1) 

25 for a grant under this section to fund a joint 


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1 program or initiative, including acquisition of 

2 shared equipment or vehicles. 

3 ‘‘(B) NONEXCLUSIVITY.—Applications 

4 under this paragraph may be submitted instead 

5 of or in addition to any other application sub6 mitted under paragraph (1). 

7 ‘‘(C) GUIDANCE.—The Administrator of 

8 FEMA shall— 

9 ‘‘(i) publish guidance on applying for 

10 and administering grants awarded for joint 

11 programs and initiatives described in sub12 paragraph (A); and 

13 ‘‘(ii) encourage applicants to apply for 

14 grants for joint programs and initiatives 

15 described in subparagraph (A) as the Ad16 ministrator of FEMA determines appro17 priate to achieve greater cost effectiveness 

18 and regional efficiency. 

19 ‘‘(f) PEER REVIEW OF GRANT APPLICATIONS.— 

20 ‘‘(1) IN GENERAL.—The Administrator of 

21 FEMA shall, after consultation with national fire 

22 service and emergency medical services organiza23 tions, appoint fire service personnel and personnel 

24 from nonaffiliated EMS organizations to conduct 


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1 peer reviews of applications received under sub2 section (e)(1). 

3 ‘‘(2) ASSIGNMENT OF REVIEWS.—In admin4 istering the peer review process under paragraph 

5 (1), the Administrator of FEMA shall ensure that— 

6 ‘‘(A) applications submitted by career fire 

7 departments are reviewed primarily by per8 sonnel from career fire departments; 

9 ‘‘(B) applications submitted by volunteer 

10 fire departments are reviewed primarily by per11 sonnel from volunteer fire departments; 

12 ‘‘(C) applications submitted by combina13 tion fire departments and fire departments 

14 using paid-on-call firefighting personnel are re15 viewed primarily by personnel from such fire 

16 departments; and 

17 ‘‘(D) applications for grants to fund emer18 gency medical services pursuant to subsection 

19 (c)(3)(F) are reviewed primarily by emergency 

20 medical services personnel, including— 

21 ‘‘(i) emergency medical service per22 sonnel affiliated with fire departments; and 

23 ‘‘(ii) personnel from nonaffiliated 

24 EMS organizations. 


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1 ‘‘(3) REVIEW OF APPLICATIONS FOR FIRE PRE2 VENTION AND SAFETY GRANTS SUBMITTED BY NON3 PROFIT ORGANIZATIONS THAT ARE NOT FIRE DE4 PARTMENTS.—In conducting a review of an applica5 tion submitted under subsection (e)(1) by a non6 profit organization described in subsection (d)(1)(B), 

7 a peer reviewer may not recommend the applicant 

8 for a grant under subsection (d) unless such appli9 cant is recognized for its experience and expertise 

10 with respect to— 

11 ‘‘(A) fire prevention or safety programs 

12 and activities; or 

13 ‘‘(B) firefighter research and development 

14 programs. 

15 ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY

16 COMMITTEE ACT.—The Federal Advisory Committee 

17 Act (5 U.S.C. App.) shall not apply to activities car18 ried out pursuant to this subsection. 

19 ‘‘(g) PRIORITIZATION AND ALLOCATION OF GRANT

20 AWARDS.—In awarding grants under this section, the Ad21 ministrator of FEMA shall— 

22 ‘‘(1) consider the findings and recommendations 

23 of the peer reviews carried out under subsection (f); 

24 ‘‘(2) consider the degree to which an award will 

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1 ducing the risks associated with fire-related and 

2 other hazards; 

3 ‘‘(3) consider the extent of the need of an appli4 cant for a grant under this section and the need to 

5 protect the United States as a whole; 

6 ‘‘(4) consider the number of calls requesting or 

7 requiring a fire fighting or emergency medical re8 sponse received by an applicant; and 

9 ‘‘(5) ensure that of the available grant funds— 

10 ‘‘(A) not less than 25 percent are awarded 

11 to career fire departments; 

12 ‘‘(B) not less than 25 percent are awarded 

13 to volunteer fire departments; and 

14 ‘‘(C) not less than 25 percent are awarded 

15 to combination fire departments and fire de16 partments using paid-on-call firefighting per17 sonnel. 

18 ‘‘(h) ADDITIONAL REQUIREMENTS AND LIMITA19 TIONS.— 

20 ‘‘(1) FUNDING FOR EMERGENCY MEDICAL

21 SERVICES.—Not less than 3.5 percent of the avail22 able grant funds for a fiscal year shall be awarded 

23 under this section for purposes described in sub24 section (c)(3)(F). 


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1 ‘‘(2) GRANT AWARDS TO NONAFFILIATED EMS

2 ORGANIZATIONS.—Not more than 2 percent of the 

3 available grant funds for a fiscal year shall be 

4 awarded under this section to nonaffiliated EMS or5 ganizations. 

6 ‘‘(3) FUNDING FOR FIRE PREVENTION AND

7 SAFETY GRANTS.—For each fiscal year, not less 

8 than 10 percent of the aggregate of grant amounts 

9 under this section in that fiscal year shall be award10 ed under subsection (d). 

11 ‘‘(4) STATE FIRE TRAINING ACADEMIES.—Not 

12 more than 3 percent of the available grant funds for 

13 a fiscal year shall be awarded under subsection 

14 (c)(1)(C). 

15 ‘‘(5) AMOUNTS FOR PURCHASING FIRE16 FIGHTING VEHICLES.—Not more than 25 percent of 

17 the available grant funds for a fiscal year may be 

18 used to assist grant recipients to purchase vehicles 

19 pursuant to subsection (c)(3)(G). 

20 ‘‘(i) FURTHER CONSIDERATIONS.— 

21 ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO

22 FIRE DEPARTMENTS.—In considering applications 

23 for grants under subsection (c)(1)(A), the Adminis24 trator of FEMA shall consider the extent to which 

25 the grant would enhance the daily operations of the 


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1 applicant and the impact of such a grant on the pro2 tection of lives and property. 

3 ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS

4 ORGANIZATIONS.—In the case of an application sub5 mitted under subsection (e)(1) by a nonaffiliated 

6 EMS organization, the Administrator of FEMA 

7 shall consider the extent to which other sources of 

8 Federal funding are available to the applicant to 

9 provide the assistance requested in such application. 

10 ‘‘(3) AWARDING FIRE PREVENTION AND SAFE11 TY GRANTS TO CERTAIN ORGANIZATIONS THAT ARE

12 NOT FIRE DEPARTMENTS.—In the case of applicants 

13 for grants under this section who are described in 

14 subsection (d)(1)(B), the Administrator of FEMA 

15 shall give priority to applicants who focus on— 

16 ‘‘(A) prevention of injuries to high risk 

17 groups from fire; and 

18 ‘‘(B) research programs that demonstrate 

19 a potential to improve firefighter safety. 

20 ‘‘(4) AVOIDING DUPLICATION.—The Adminis21 trator of FEMA shall review lists submitted by ap22 plicants pursuant to subsection (e)(2)(D) and take 

23 such actions as the Administrator of FEMA con24 siders necessary to prevent unnecessary duplication 

25 of grant awards. 


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1 ‘‘(j) MATCHING AND MAINTENANCE OF EXPENDI2 TURE REQUIREMENTS.— 

3 ‘‘(1) MATCHING REQUIREMENT FOR ASSIST4 ANCE TO FIREFIGHTERS GRANTS.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), an applicant seeking a grant 

7 to carry out an activity under subsection (c) 

8 shall agree to make available non-Federal funds 

9 to carry out such activity in an amount equal 

10 to not less than 15 percent of the grant award11 ed to such applicant under such subsection. 

12 ‘‘(B) EXCEPTION FOR ENTITIES SERVING

13 SMALL COMMUNITIES.—In the case that an ap14 plicant seeking a grant to carry out an activity 

15 under subsection (c) serves a jurisdiction of— 

16 ‘‘(i) more than 20,000 residents but 

17 not more than 50,000 residents, the appli18 cant shall agree to make available non19 Federal funds in an amount equal to not 

20 less than 10 percent of the grant award to 

21 such applicant under such subsection; or 

22 ‘‘(ii) 20,000 residents or fewer, the 

23 applicant shall agree to make available 

24 non-Federal funds in an amount equal to 

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1 ed to such applicant under such sub2 section. 

3 ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE4 VENTION AND SAFETY GRANTS.— 

5 ‘‘(A) IN GENERAL.—An applicant seeking 

6 a grant to carry out an activity under sub7 section (d) shall agree to make available non8 Federal funds to carry out such activity in an 

9 amount equal to not less than 5 percent of the 

10 grant awarded to such applicant under such 

11 subsection. 

12 ‘‘(B) MEANS OF MATCHING.—An applicant 

13 for a grant under subsection (d) may meet the 

14 matching requirement under subparagraph (A) 

15 through direct funding, funding of complemen16 tary activities, or the provision of staff, facili17 ties, services, material, or equipment. 

18 ‘‘(3) MAINTENANCE OF EXPENDITURES.—An 

19 applicant seeking a grant under subsection (c) or (d) 

20 shall agree to maintain during the term of the grant 

21 the applicant’s aggregate expenditures relating to 

22 the uses described in subsections (c)(3) and (d)(3) 

23 at not less than 80 percent of the average amount 

24 of such expenditures in the 2 fiscal years preceding 


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1 the fiscal year in which the grant amounts are re2 ceived. 

3 ‘‘(4) WAIVER.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (C)(ii), the Administrator of 

6 FEMA may waive or reduce the requirements 

7 of paragraphs (1), (2), and (3) in cases of dem8 onstrated economic hardship. 

9 ‘‘(B) GUIDELINES.— 

10 ‘‘(i) IN GENERAL.—The Administrator 

11 of FEMA shall establish and publish 

12 guidelines for determining what constitutes 

13 economic hardship for purposes of this 

14 paragraph. 

15 ‘‘(ii) CONSIDERATIONS.—In devel16 oping guidelines under clause (i), the Ad17 ministrator of FEMA shall consider, with 

18 respect to relevant communities, the fol19 lowing: 

20 ‘‘(I) Changes in rates of unem21 ployment from previous years. 

22 ‘‘(II) Whether the rates of unem23 ployment of the relevant communities 

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1 ceeded the annual national average 

2 rates of unemployment. 

3 ‘‘(III) Changes in percentages of 

4 individuals eligible to receive food 

5 stamps from previous years. 

6 ‘‘(IV) Such other factors as the 

7 Administrator of FEMA considers ap8 propriate. 

9 ‘‘(C) CERTAIN APPLICANTS FOR FIRE PRE10 VENTION AND SAFETY GRANTS.—The authority 

11 under subparagraph (A) shall not apply with 

12 respect to a nonprofit organization that— 

13 ‘‘(i) is described in subsection 

14 (d)(1)(B); and 

15 ‘‘(ii) is not a fire department or emer16 gency medical services organization. 

17 ‘‘(k) GRANT GUIDELINES.— 

18 ‘‘(1) GUIDELINES.—For each fiscal year, prior 

19 to awarding any grants under this section, the Ad20 ministrator of FEMA shall publish in the Federal 

21 Register— 

22 ‘‘(A) guidelines that describe— 

23 ‘‘(i) the process for applying for 

24 grants under this section; and 


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1 ‘‘(ii) the criteria that will be used for 

2 selecting grant recipients; and 

3 ‘‘(B) an explanation of any differences be4 tween such guidelines and the recommendations 

5 obtained under paragraph (2). 

6 ‘‘(2) ANNUAL MEETING TO OBTAIN REC7 OMMENDATIONS.— 

8 ‘‘(A) IN GENERAL.—For each fiscal year, 

9 the Administrator of FEMA shall convene a 

10 meeting of qualified members of national fire 

11 service organizations and qualified members of 

12 emergency medical service organizations to ob13 tain recommendations regarding the following: 

14 ‘‘(i) Criteria for the awarding of 

15 grants under this section. 

16 ‘‘(ii) Administrative changes to the as17 sistance program established under sub18 section (b). 

19 ‘‘(B) QUALIFIED MEMBERS.—For purposes 

20 of this paragraph, a qualified member of an or21 ganization is a member who— 

22 ‘‘(i) is recognized for expertise in fire23 fighting or emergency medical services; 

24 ‘‘(ii) is not an employee of the Federal 

25 Government; and 


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1 ‘‘(iii) in the case of a member of an 

2 emergency medical service organization, is 

3 a member of an organization that rep4 resents— 

5 ‘‘(I) providers of emergency med6 ical services that are affiliated with 

7 fire departments; or 

8 ‘‘(II) nonaffiliated EMS pro9 viders. 

10 ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY

11 COMMITTEE ACT.—The Federal Advisory Committee 

12 Act (5 U.S.C. App.) shall not apply to activities car13 ried out pursuant to this subsection. 

14 ‘‘(l) ACCOUNTING DETERMINATION.—Notwith15 standing any other provision of law, for purposes of this 

16 section, equipment costs shall include all costs attributable 

17 to any design, purchase of components, assembly, manu18 facture, and transportation of equipment not otherwise 

19 commercially available. 

20 ‘‘(m) ELIGIBLE GRANTEE ON BEHALF OF ALASKA

21 NATIVE VILLAGES.—The Alaska Village Initiatives, a 

22 non-profit organization incorporated in the State of Alas23 ka, shall be eligible to apply for and receive a grant or 

24 other assistance under this section on behalf of Alaska Na25 tive villages. 


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1 ‘‘(n) TRAINING STANDARDS.—If an applicant for a 

2 grant under this section is applying for such grant to pur3 chase training that does not meet or exceed any applicable 

4 national voluntary consensus standards developed under 

5 section 647 of the Post-Katrina Emergency Management 

6 Reform Act of 2006 (6 U.S.C. 747), the applicant shall 

7 submit to the Administrator of FEMA an explanation of 

8 the reasons that the training proposed to be purchased 

9 will serve the needs of the applicant better than training 

10 that meets or exceeds such standards. 

11 ‘‘(o) ENSURING EFFECTIVE USE OF GRANTS.— 

12 ‘‘(1) AUDITS.—The Administrator of FEMA 

13 may audit a recipient of a grant awarded under this 

14 section to ensure that— 

15 ‘‘(A) the grant amounts are expended for 

16 the intended purposes; and 

17 ‘‘(B) the grant recipient complies with the 

18 requirements of subsection (j). 

19 ‘‘(2) PERFORMANCE ASSESSMENT.— 

20 ‘‘(A) IN GENERAL.—The Administrator of 

21 FEMA shall develop and implement a perform22 ance assessment system, including quantifiable 

23 performance metrics, to evaluate the extent to 

24 which grants awarded under this section are 

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1 ing protecting the health and safety of the pub2 lic and firefighting personnel against fire and 

3 fire-related hazards. 

4 ‘‘(B) CONSULTATION.—The Administrator 

5 of FEMA shall consult with fire service rep6 resentatives and with the Comptroller General 

7 of the United States in developing the assess8 ment system required by subparagraph (A). 

9 ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF

10 FEMA.—The recipient of a grant awarded under this 

11 section shall submit to the Administrator of FEMA 

12 an annual report describing how the recipient used 

13 the grant amounts. 

14 ‘‘(4) ANNUAL REPORTS TO CONGRESS.— 

15 ‘‘(A) IN GENERAL.—Not later than Sep16 tember 30, 2012, and each year thereafter 

17 through 2016, the Administrator of FEMA 

18 shall submit to the Committee on Homeland 

19 Security and Governmental Affairs of the Sen20 ate and the Committee on Science and Tech21 nology of the House of Representatives a report 

22 that provides— 

23 ‘‘(i) information on the performance 

24 assessment system developed under para25 graph (2); and 


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1 ‘‘(ii) using the performance metrics 

2 developed under such paragraph, an eval3 uation of the effectiveness of the grants 

4 awarded under this section. 

5 ‘‘(B) ADDITIONAL INFORMATION.—The re6 port due under subparagraph (A) on September 

7 30, 2015, shall also include recommendations 

8 for legislative changes to improve grants under 

9 this section, including recommendations as to 

10 whether the provisions described in section 5(a) 

11 of the Fire Grants Reauthorization Act of 2011 

12 should be extended to apply on and after the 

13 date described in such section. 

14 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— 

15 ‘‘(1) IN GENERAL.—There is authorized to be 

16 appropriated to carry out this section— 

17 ‘‘(A) $950,000,000 for fiscal year 2012; 

18 and 

19 ‘‘(B) for each of fiscal years 2013 through 

20 2016, an amount equal to the amount author21 ized for the previous fiscal year increased by 

22 the percentage by which— 

23 ‘‘(i) the Consumer Price Index (all 

24 items, United States city average) for the 

25 previous fiscal year, exceeds 


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1 ‘‘(ii) the Consumer Price Index for 

2 the fiscal year preceding the fiscal year de3 scribed in clause (i). 

4 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

5 amounts appropriated pursuant to paragraph (1) for 

6 a fiscal year, the Administrator of FEMA may use 

7 not more than 5 percent of such amounts for sala8 ries and expenses and other administrative costs in9 curred by the Administrator of FEMA in the course 

10 of awarding grants and providing assistance under 

11 this section. 

12 ‘‘(3) CONGRESSIONALLY DIRECTED SPEND13 ING.—Consistent with the requirements in sub14 sections (c)(1) and (d)(1) that grants under those 

15 subsections be awarded on a competitive basis, none 

16 of the funds appropriated pursuant to this sub17 section may be used for any congressionally directed 

18 spending item (as such term is defined in paragraph 

19 5(a) of rule XLIV of the Standing Rules of the Sen20 ate).’’. 

21 SEC. 4. STAFFING FOR ADEQUATE FIRE AND EMERGENCY 

22 RESPONSE. 

23 (a) IMPROVEMENTS TO HIRING GRANTS.— 

24 (1) TERM OF GRANTS.—Subsection (a)(1)(B) of 

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1 trol Act of 1974 (15 U.S.C. 2229a) is amended by 

2 striking ‘‘4 years’’ and inserting ‘‘3 years’’. 

3 (2) LIMITATION ON PORTION OF COSTS OF HIR4 ING FIREFIGHTERS.—Subsection (a)(1)(E) of such 

5 section 34 is amended by striking ‘‘not exceed—’’ 

6 and all that follows through the period and inserting 

7 ‘‘not exceed 75 percent in any fiscal year.’’. 

8 (b) CLARIFICATION REGARDING ELIGIBLE ENTITIES

9 FOR RECRUITMENT AND RETENTION GRANTS.—The sec10 ond sentence of subsection (a)(2) of such section 34 is 

11 amended by striking ‘‘organizations on a local or statewide 

12 basis’’ and inserting ‘‘national, State, local, or tribal orga13 nizations’’. 

14 (c) MAXIMUM AMOUNT FOR HIRING FIRE15 FIGHTER.—Paragraph (4) of subsection (c) of such sec16 tion 34 is amended to read as follows: 

17 ‘‘(4) The amount of funding provided under this sec18 tion to a recipient fire department for hiring a firefighter 

19 in any fiscal year may not exceed 75 percent of the usual 

20 annual cost of a first-year firefighter in that department 

21 at the time the grant application was submitted.’’. 

22 (d) WAIVERS.—Such section 34 is further amend23 ed— 

24 (1) by redesignating subsections (d) through (i) 

25 as subsection (e) through (j), respectively; and 


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1 (2) by inserting after subsection (c) the fol2 lowing: 

3 ‘‘(d) WAIVERS.— 

4 ‘‘(1) IN GENERAL.—In a case of demonstrated 

5 economic hardship, the Administrator of FEMA 

6 may— 

7 ‘‘(A) waive the requirements of subsection 

8 (a)(1)(B)(ii) or subsection (c)(1); or 

9 ‘‘(B) waive or reduce the requirements in 

10 subsection (a)(1)(E) or subsection (c)(2). 

11 ‘‘(2) GUIDELINES.— 

12 ‘‘(A) IN GENERAL.—The Administrator of 

13 FEMA shall establish and publish guidelines for 

14 determining what constitutes economic hardship 

15 for purposes of paragraph (1). 

16 ‘‘(B) CONSIDERATIONS.—In developing 

17 guidelines under subparagraph (A), the Admin18 istrator of FEMA shall consider, with respect to 

19 relevant communities, the following: 

20 ‘‘(i) Changes in rates of unemploy21 ment from previous years. 

22 ‘‘(ii) Whether the rates of unemploy23 ment of the relevant communities are cur24 rently and have consistently exceeded the 


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1 annual national average rates of unemploy2 ment. 

3 ‘‘(iii) Changes in percentages of indi4 viduals eligible to receive food stamps from 

5 previous years. 

6 ‘‘(iv) Such other factors as the Ad7 ministrator of FEMA considers appro8 priate.’’. 

9 (e) IMPROVEMENTS TO PERFORMANCE EVALUATION

10 REQUIREMENTS.—Subsection (e) of such section 34, as 

11 redesignated by subsection (d)(1) of this section, is 

12 amended by inserting before the first sentence the fol13 lowing: 

14 ‘‘(1) IN GENERAL.—The Administrator of 

15 FEMA shall establish a performance assessment sys16 tem, including quantifiable performance metrics, to 

17 evaluate the extent to which grants awarded under 

18 this section are furthering the purposes of this sec19 tion. 

20 ‘‘(2) SUBMISSION OF INFORMATION.—’’. 

21 (f) REPORT.— 

22 (1) IN GENERAL.—Subsection (f) of such sec23 tion 34, as redesignated by subsection (d)(1) of this 

24 section, is amended by striking ‘‘The authority’’ and 

25 all that follows through ‘‘Congress concerning’’ and 


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1 inserting the following: ‘‘Not later than September 

2 30, 2015, the Administrator of FEMA shall submit 

3 to the Committee on Homeland Security and Gov4 ernmental Affairs of the Senate and the Committee 

5 on Science and Technology of the House of Rep6 resentatives a report on’’. 

7 (2) CONFORMING AMENDMENT.—The heading 

8 for such subsection (f) is amended by striking ‘‘SUN9 SET AND REPORTS’’ and inserting ‘‘REPORT’’. 

10 (g) ADDITIONAL DEFINITIONS.— 

11 (1) IN GENERAL.—Subsection (i) of such sec12 tion 34, as redesignated by subsection (d)(1) of this 

13 section, is amended— 

14 (A) in the matter before paragraph (1), by 

15 striking ‘‘In this section, the term—’’ and in16 serting ‘‘In this section:’’; 

17 (B) in paragraph (1)— 

18 (i) by inserting ‘‘The term’’ before 

19 ‘‘ ‘firefighter’ has’’; and 

20 (ii) by striking ‘‘; and’’ and inserting 

21 a period; 

22 (C) by striking paragraph (2); and 

23 (D) by inserting at the end the following: 

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1 ment’ have the meaning given such terms in section 

2 33(a).’’. 

3 (2) CONFORMING AMENDMENT.—Subsection 

4 (a)(1)(A) of such section 34 is amended by striking 

5 ‘‘career, volunteer, and combination fire depart6 ments’’ and inserting ‘‘career fire departments, com7 bination fire departments, and volunteer fire depart8 ments’’. 

9 (h) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—Subsection (j) of such sec11 tion 34, as redesignated by subsection (d)(1) of this 

12 section, is amended— 

13 (A) in paragraph (6), by striking ‘‘and’’ at 

14 the end; 

15 (B) in paragraph (7), by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(8) $950,000,000 for fiscal year 2012; and 

19 ‘‘(9) for each of fiscal years 2013 through 

20 2016, an amount equal to the amount authorized for 

21 the previous fiscal year increased by the percentage 

22 by which— 

23 ‘‘(A) the Consumer Price Index (all items, 

24 United States city average) for the previous fis25 cal year, exceeds 


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1 ‘‘(B) the Consumer Price Index for the fis2 cal year preceding the fiscal year described in 

3 subparagraph (A).’’. 

4 (2) ADMINISTRATIVE EXPENSES.—Such sub5 section (j) is further amended— 

6 (A) in paragraph (9), as added by para7 graph (1) of this subsection, by redesignating 

8 subparagraphs (A) and (B) as clauses (i) and 

9 (ii), respectively, and moving the left margin of 

10 such clauses, as so redesignated, 2 ems to the 

11 right; 

12 (B) by redesignating paragraphs (1) 

13 through (9) as subparagraphs (A) through (I), 

14 respectively, and moving the left margin of such 

15 subparagraphs, as so redesignated, 2 ems to the 

16 right; 

17 (C) by striking ‘‘There are’’ and inserting 

18 the following: 

19 ‘‘(1) IN GENERAL.—There are’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

22 amounts appropriated pursuant to paragraph (1) for 

23 a fiscal year, the Administrator of FEMA may use 

24 not more than 5 percent of such amounts to cover 

25 salaries and expenses and other administrative costs 


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1 incurred by the Administrator of FEMA to make 

2 grants and provide assistance under this section.’’. 

3 (3) CONGRESSIONALLY DIRECTED SPENDING.— 

4 Such subsection (j) is further amended by adding at 

5 the end the following: 

6 ‘‘(3) CONGRESSIONALLY DIRECTED SPEND7 ING.—Consistent with the requirement in subsection 

8 (a) that grants under this section be awarded on a 

9 competitive basis, none of the funds appropriated 

10 pursuant to this subsection may be used for any 

11 congressionally direct spending item (as defined in 

12 paragraph 5(a) of Rule XLIV of the Standing Rules 

13 of the Senate).’’. 

14 (i) TECHNICAL AMENDMENT.—Such section 34 is 

15 amended— 

16 (1) in subsection (a), in paragraphs (1)(A) and 

17 (2), by striking ‘‘Administrator shall’’ and inserting 

18 ‘‘Administrator of FEMA shall, in consultation with 

19 the Administrator,’’; and 

20 (2) by striking ‘‘Administrator’’ each place it 

21 appears, other than in subsection (a)(1)(A) and 

22 (a)(2), and inserting ‘‘Administrator of FEMA’’. 

23 (j) CLERICAL AMENDMENT.—Section 34 of such Act 

24 (15 U.S.C. 2229a) is amended by striking ‘‘EXPANSION

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1 GRAM’’ and inserting the following: ‘‘STAFFING FOR

2 ADEQUATE FIRE AND EMERGENCY RESPONSE’’. 

3 SEC. 5. SUNSET AND PRIOR PROVISIONS. 

4 (a) SUNSET.—Section 3 and subsections (a), (c), (d), 

5 (e), (f), (g), and (h) of section 4, and the amendments 

6 made by such section and subsections shall not apply on 

7 or after October 1, 2016. 

8 (b) APPLICATION OF PRIOR LAW.—On and after Oc9 tober 1, 2016, sections 33 and 34 of the Federal Fire Pre10 vention and Control Act of 1974 (15 U.S.C. 2229 and 

11 2229a) are amended to read as such sections read on the 

12 day before the date of the enactment of this Act, except 

13 that the amendments made by subsections (b), (i), and 

14 (j) of section 4 shall continue to apply to such section 34. 

15 SEC. 6. REPORT. 

16 Not later than September 30, 2015, the Comptroller 

17 General of the United States shall submit to the Com18 mittee on Homeland Security and Governmental Affairs 

19 of the Senate and the Committee on Science and Tech20 nology of the House of Representatives a report on the 

21 effect of the amendments made by this Act. Such report 

22 shall include the following: 

23 (1) An assessment of the effect of the amend24 ments made by sections 3 and 4 on the effectiveness, 

25 relative allocation, accountability, and administration 


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1 of the grants awarded under sections 33 and 34 of 

2 the Federal Fire Prevention and Control Act of 

3 1974 (15 U.S.C. 2229 and 2229a) after the date of 

4 the enactment of this Act. 

5 (2) An evaluation of the extent to which the 

6 amendments made by sections 3 and 4 have enabled 

7 recipients of grants awarded under such sections 33 

8 and 34 after the date of the enactment of this Act 

9 to mitigate fire and fire-related and other hazards 

10 more effectively. 

Æ 


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