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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3267 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3267

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2010

Mr. Dodd (for himself, Ms. Collins, Mr. Lieberman, Mr. McCain, and Mr. 
    Carper) 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.

    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 
2010''.

SEC. 2. AMENDMENTS TO DEFINITIONS.

    (a) In General.--Section 4 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2203) is amended--
            (1) in paragraph (3), by inserting ``, except as otherwise 
        provided,'' after ``means'';
            (2) in paragraph (4), by striking ```Director' means'' and 
        all that follows through ``Agency;'' and inserting 
        ```Administrator of FEMA' means the Administrator of the 
        Federal Emergency Management Agency;'';
            (3) in paragraph (5)--
                    (A) by inserting ``Indian tribe,'' after 
                ``county,''; and
                    (B) by striking ``and `firecontrol''' and inserting 
                ``and `fire control''';
            (4) by redesignating paragraphs (6) through (9) as 
        paragraphs (7) through (10), respectively;
            (5) by inserting after paragraph (5), the following:
            ``(6) `Indian tribe' has the meaning given that term in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b) and `tribal' means of or 
        pertaining to an Indian tribe;'';
            (6) by redesignating paragraphs (9) and (10), as 
        redesignated by paragraph (4), as paragraphs (10) and (11);
            (7) by inserting after paragraph (8), as redesignated by 
        paragraph (4), the following:
            ``(9) `Secretary' means, except as otherwise provided, the 
        Secretary of Homeland Security;''; and
            (8) by amending paragraph (10), as redesignated by 
        paragraph (6), to read as follows:
            ``(10) `State' has the meaning given the term in section 2 
        of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
    (b) Conforming Amendments.--
            (1) The Federal Fire Prevention and Control Act of 1974 (15 
        U.S.C. 2201 et seq.) is amended by striking ``Director'' each 
        place it appears and inserting ``Administrator of FEMA''.
            (2) Section 15(a) of such Act (15 U.S.C. 2213(a)) is 
        amended by striking ``Director's Award'' each place it appears 
        and inserting ``Administrator of FEMA's Award''.

SEC. 3. ASSISTANCE TO FIREFIGHTER GRANTS.

    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) Definitions.--In this section:
            ``(1) Available grant funds.--The term `available grant 
        funds', with respect to a fiscal year, means those funds 
        appropriated pursuant to the authorization of appropriations in 
        subsection (p)(1) for such fiscal year less any funds used for 
        administrative costs pursuant to subsection (p)(2) in such 
        fiscal year.
            ``(2) Career fire department.--The term `career fire 
        department' means a fire department that has an all-paid force 
        of firefighting personnel other than paid-on-call firefighters.
            ``(3) Combination fire department.--The term `combination 
        fire department' means a fire department that has--
                    ``(A) paid firefighting personnel; and
                    ``(B) volunteer firefighting personnel.
            ``(4) Firefighting personnel.--The term `firefighting 
        personnel' means individuals, including volunteers, who are 
        firefighters, officers of fire departments, or emergency 
        medical service personnel of fire departments.
            ``(5) Nonaffiliated ems organization.--The term 
        `nonaffiliated EMS organization' means a public or private 
        nonprofit emergency medical services organization that is not 
        affiliated with a hospital and does not serve a geographic area 
        in which the Administrator of FEMA finds that emergency medical 
        services are adequately provided by a fire department.
            ``(6) Paid-on-call.--The term `paid-on-call' means 
        firefighting personnel who are paid a stipend for each event to 
        which they respond.
            ``(7) Volunteer fire department.--The term `volunteer fire 
        department' means a fire department that has an all-volunteer 
        force of firefighting personnel.
    ``(b) Assistance Program.--
            ``(1) Authority.--In accordance with this section, the 
        Administrator of FEMA may, in consultation with the 
        Administrator of the United States Fire Administration, award--
                    ``(A) assistance to firefighters grants under 
                subsection (c); and
                    ``(B) fire prevention and safety grants and other 
                assistance under subsection (d).
            ``(2) Administrative assistance.--The Administrator of FEMA 
        shall--
                    ``(A) establish specific criteria for the selection 
                of grant recipients under this section; and
                    ``(B) provide assistance with application 
                preparation to applicants for such grants.
    ``(c) Assistance to Firefighters Grants.--
            ``(1) In general.--The Administrator of FEMA may, in 
        consultation with the chief executives of the States in which 
        the recipients are located, award grants on a competitive basis 
        directly to--
                    ``(A) fire departments, for the purpose of 
                protecting the health and safety of the public and 
                firefighting personnel throughout the United States 
                against fire, fire-related, and other hazards;
                    ``(B) nonaffiliated EMS organizations to support 
                the provision of emergency medical services; and
                    ``(C) State fire training academies for the 
                purposes described in subparagraphs (G), (H), and (I) 
                of paragraph (3).
            ``(2) Maximum grant amounts.--
                    ``(A) Population.--The Administrator of FEMA may 
                not award a grant under this subsection in excess of 
                amounts as follows:
                            ``(i) In the case of a recipient that 
                        serves a jurisdiction with 100,000 people or 
                        fewer, the amount of the grant awarded to such 
                        recipient shall not exceed $1,000,000 in any 
                        fiscal year.
                            ``(ii) In the case of a recipient that 
                        serves a jurisdiction with more than 100,000 
                        people but not more than 500,000 people, the 
                        amount of the grant awarded to such recipient 
                        shall not exceed $2,000,000 in any fiscal year.
                            ``(iii) In the case of a recipient that 
                        serves a jurisdiction with more than 500,000 
                        but not more than 1,000,000 people, the amount 
                        of the grant awarded to such recipient shall 
                        not exceed $3,000,000 in any fiscal year.
                            ``(iv) In the case of a recipient that 
                        serves a jurisdiction with more than 1,000,000 
                        people but not more than 2,500,000 people, the 
                        amount of the grant awarded to such recipient 
                        shall not exceed $6,000,000 for any fiscal 
                        year.
                            ``(v) In the case of a recipient that 
                        serves a jurisdiction with more than 2,500,000 
                        people, the amount of the grant awarded to such 
                        recipient shall not exceed $9,000,000 in any 
                        fiscal year.
                    ``(B) State fire training academies.--The 
                Administrator of FEMA may not award a grant under this 
                subsection to a State fire training academy in an 
                amount that exceeds $1,000,000 in any fiscal year.
                    ``(C) Aggregate.--
                            ``(i) In general.--Notwithstanding 
                        subparagraphs (A) and (B) and except as 
                        provided under clause (ii), the Administrator 
                        of FEMA may not award a grant under this 
                        subsection in a fiscal year in an amount that 
                        exceeds the amount that is one percent of the 
                        available grant funds in such fiscal year.
                            ``(ii) Exception.--The Administrator of 
                        FEMA may waive the limitation in clause (i) 
                        with respect to a grant recipient if the 
                        Administrator of FEMA determines that such 
                        recipient has an extraordinary need for a grant 
                        in an amount that exceeds the limit under 
                        clause (i).
            ``(3) Use of grant funds.--Each entity receiving a grant 
        under this subsection shall use the grant for one or more of 
        the following purposes:
                    ``(A) To train firefighting personnel in--
                            ``(i) firefighting;
                            ``(ii) emergency medical services and other 
                        emergency response (including response to 
                        natural disasters, acts of terrorism, and other 
                        man-made disasters);
                            ``(iii) arson prevention and detection;
                            ``(iv) maritime firefighting; or
                            ``(v) the handling of hazardous materials.
                    ``(B) To train firefighting personnel to provide 
                any of the training described in subparagraph (A).
                    ``(C) To fund the creation of rapid intervention 
                teams to protect firefighting personnel at the scenes 
                of fires and other emergencies.
                    ``(D) To certify--
                            ``(i) fire inspectors; and
                            ``(ii) building inspectors--
                                    ``(I) whose responsibilities 
                                include fire safety inspections; and
                                    ``(II) who are employed by or 
                                serving as volunteers with a fire 
                                department.
                    ``(E) To establish wellness and fitness programs 
                for firefighting personnel to ensure that the 
                firefighting personnel are able to carry out their 
                duties as firefighters.
                    ``(F) To fund emergency medical services provided 
                by fire departments and nonaffiliated EMS 
                organizations.
                    ``(G) To acquire additional firefighting vehicles, 
                including fire trucks and other apparatus.
                    ``(H) To acquire additional firefighting equipment, 
                including equipment for--
                            ``(i) fighting fires with foam in remote 
                        areas without access to water; and
                            ``(ii) communications, monitoring, and 
                        response to a natural disaster, act of 
                        terrorism, or other man-made disaster, 
                        including the use of a weapon of mass 
                        destruction.
                    ``(I) To acquire personal protective equipment, 
                including personal protective equipment--
                            ``(i) prescribed for firefighting personnel 
                        by the Occupational Safety and Health 
                        Administration of the Department of Labor; or
                            ``(ii) for responding to a natural disaster 
                        or act of terrorism or other man-made disaster, 
                        including the use of a weapon of mass 
                        destruction.
                    ``(J) To modify fire stations, fire training 
                facilities, and other facilities to protect the health 
                and safety of firefighting personnel.
                    ``(K) To educate the public about arson prevention 
                and detection.
                    ``(L) To provide incentives for the recruitment and 
                retention of volunteer firefighting personnel for 
                volunteer firefighting departments and other 
                firefighting departments that utilize volunteers.
                    ``(M) To support such other activities, consistent 
                with the purposes of this subsection, as the 
                Administrator of FEMA determines appropriate.
    ``(d) Fire Prevention and Safety Grants.--
            ``(1) In general.--For the purpose of assisting fire 
        prevention programs and supporting firefighter health and 
        safety research and development, the Administrator of FEMA may, 
        on a competitive basis--
                    ``(A) award grants to fire departments;
                    ``(B) award grants to, or enter into contracts or 
                cooperative agreements with, national, State, local, 
                tribal, or nonprofit organizations that are not fire 
                departments and that are recognized for their 
                experience and expertise with respect to fire 
                prevention or fire safety programs and activities and 
                firefighter research and development programs, for the 
                purpose of carrying out--
                            ``(i) fire prevention programs; and
                            ``(ii) research to improve firefighter 
                        health and life safety; and
                    ``(C) award grants to, or enter into contracts 
                with, regionally accredited institutions of higher 
                education and national fire service organizations or 
                national fire safety organizations to support joint 
                programs focused on reducing firefighter fatalities and 
                non-fatal injuries, including programs for establishing 
                fire safety research centers as the Administrator of 
                FEMA determines appropriate.
            ``(2) Maximum grant amount.--A grant awarded under this 
        subsection may not be for an amount greater than $1,500,000 for 
        a fiscal year.
            ``(3) Use of grant funds.--Each entity receiving a grant 
        under this subsection shall use the grant for one or more of 
        the following purposes:
                    ``(A) To enforce fire codes and promote compliance 
                with fire safety standards.
                    ``(B) To fund fire prevention programs.
                    ``(C) To fund wildland fire prevention programs, 
                including education, awareness, and mitigation programs 
                that protect lives, property, and natural resources 
                from fire in the wildland-urban interface.
                    ``(D) In the case of a grant awarded under 
                paragraph (1)(C), to fund the establishment or 
                operation of--
                            ``(i) a fire safety research center; or
                            ``(ii) a program at such a center.
                    ``(E) To support such other activities, consistent 
                with the purposes of this subsection, as the 
                Administrator of FEMA determines appropriate.
    ``(e) Applications for Grants.--
            ``(1) In general.--An entity seeking a grant under this 
        section shall submit to the Administrator of FEMA an 
        application therefor in such form and in such manner as the 
        Administrator of FEMA determines appropriate.
            ``(2) Elements.--Each application submitted under paragraph 
        (1) shall include the following:
                    ``(A) A description of the financial need of the 
                applicant for the grant.
                    ``(B) An analysis of the costs and benefits, with 
                respect to public safety, of the use for which a grant 
                is requested.
                    ``(C) An agreement to provide information to the 
                national fire incident reporting system for the period 
                covered by the grant.
                    ``(D) A list of other sources of funding received 
                by the applicant--
                            ``(i) for the same purpose for which the 
                        applicant for a grant under this section was 
                        submitted; or
                            ``(ii) from the Federal Government for 
                        other fire-related purposes.
                    ``(E) Such other information as the Administrator 
                of FEMA determines appropriate.
            ``(3) Joint or regional applications.--
                    ``(A) In general.--Two or more entities may submit 
                an application under paragraph (1) for a grant under 
                this section to fund a joint program or initiative, 
                including acquisition of shared equipment or vehicles.
                    ``(B) Nonexclusivity.--Applications under this 
                paragraph may be submitted instead of or in addition to 
                any other application submitted under paragraph (1).
                    ``(C) Guidance.--The Administrator of FEMA shall--
                            ``(i) publish guidance on applying for and 
                        administering grants awarded for joint programs 
                        and initiatives described in subparagraph (A); 
                        and
                            ``(ii) encourage applicants to apply for 
                        grants for joint programs and initiatives 
                        described in subparagraph (A) as the 
                        Administrator of FEMA determines appropriate to 
                        achieve greater cost effectiveness and regional 
                        efficiency.
    ``(f) Peer Review of Grant Applications.--
            ``(1) In general.--The Administrator of FEMA shall, after 
        consultation with national fire service and emergency 
        management organizations, appoint fire service personnel and 
        personnel from nonaffiliated EMS organizations to conduct peer 
        reviews of applications received under subsection (e)(1).
            ``(2) Assignment of reviews.--In administering the peer 
        review process under paragraph (1), the Administrator of FEMA 
        shall ensure that--
                    ``(A) applications submitted by career fire 
                departments are reviewed primarily by personnel from 
                career fire departments;
                    ``(B) applications submitted by volunteer fire 
                departments are reviewed primarily by personnel from 
                volunteer fire departments;
                    ``(C) applications submitted by combination fire 
                departments and fire departments using paid-on-call 
                firefighting personnel are reviewed primarily by 
                personnel from such fire departments; and
                    ``(D) applications for grants to fund emergency 
                medical services pursuant to subsection (c)(3)(F) are 
                reviewed primarily by emergency medical service 
                personnel, including--
                            ``(i) emergency medical service personnel 
                        affiliated with fire departments; and
                            ``(ii) personnel from nonaffiliated EMS 
                        organizations.
            ``(3) Review of applications for fire prevention and safety 
        grants submitted by nonprofit organizations that are not fire 
        departments.--In conducting a review of an application 
        submitted under subsection (e)(1) by a nonprofit organization 
        described in subsection (d)(1)(B), a peer reviewer may not 
        recommend the applicant for a grant under subsection (d) unless 
        such applicant is recognized for its experience and expertise 
        with respect to--
                    ``(A) fire prevention or safety programs and 
                activities; or
                    ``(B) firefighter research and development 
                programs.
            ``(4) Applicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to activities carried out pursuant to this subsection.
    ``(g) Prioritization and Allocation of Grant Awards.--In awarding 
grants under this section, the Administrator of FEMA shall--
            ``(1) consider the findings and recommendations of the peer 
        reviews carried out under subsection (f);
            ``(2) consider the degree to which an award will reduce 
        deaths, injuries, and property damage by reducing the risks 
        associated with fire-related and other hazards;
            ``(3) consider the extent of the need of an applicant for a 
        grant under this section and the need to protect the United 
        States as a whole;
            ``(4) consider the number of calls requesting or requiring 
        a fire fighting or emergency medical response received by an 
        applicant; and
            ``(5) ensure that of the available grant funds--
                    ``(A) not less than 25 percent are awarded to 
                career fire departments;
                    ``(B) not less than 25 percent are awarded to 
                volunteer fire departments; and
                    ``(C) not less than 25 percent are awarded to 
                combination fire departments and fire departments using 
                paid-on-call firefighting personnel.
    ``(h) Additional Requirements and Limitations.--
            ``(1) Funding for emergency medical services.--Not less 
        than 3.5 percent of the available grant funds for a fiscal year 
        shall be awarded under this section for purposes described in 
        subsection (c)(3)(F).
            ``(2) Grant awards to nonaffiliated ems organizations.--Not 
        more than 2 percent of the available grant funds for a fiscal 
        year shall be awarded under this section to nonaffiliated EMS 
        organizations.
            ``(3) Funding for fire prevention and safety grants.--For 
        each fiscal year, not less than 10 percent of the aggregate of 
        grant amounts under this section in that fiscal year shall be 
        awarded under subsection (d).
            ``(4) State fire training academies.--Not more than 3 
        percent of the available grant funds for a fiscal year shall be 
        awarded under subsection (c)(1)(C).
            ``(5) Amounts for purchasing firefighting vehicles.--Not 
        more than 25 percent of the available grant funds for a fiscal 
        year may be used to assist grant recipients to purchase 
        vehicles pursuant to subsection (c)(3)(G).
    ``(i) Further Considerations.--
            ``(1) Assistance to firefighters grants to fire 
        departments.--In considering applications for grants under 
        subsection (c)(1)(A), the Administrator of FEMA shall consider 
        the extent to which the grant would enhance the daily 
        operations of the applicant and the impact of such a grant on 
        the protection of lives and property.
            ``(2) Applications from nonaffiliated ems organizations.--
        In the case of an application submitted under subsection (e)(1) 
        by a nonaffiliated EMS organization, the Administrator of FEMA 
        shall consider the extent to which other sources of Federal 
        funding are available to the applicant to provide the 
        assistance requested in such application.
            ``(3) Awarding fire prevention and safety grants to certain 
        organizations that are not fire departments.--In the case of 
        applicants for grants under this section who are described in 
        subsection (d)(1)(B), the Administrator of FEMA shall give 
        priority to applicants who focus on--
                    ``(A) prevention of injuries to high risk groups 
                from fire; and
                    ``(B) research programs that demonstrate a 
                potential to improve firefighter safety.
            ``(4) Avoiding duplication.--The Administrator of FEMA 
        shall review lists submitted by applicants pursuant to 
        subsection (e)(2)(D) and take such actions as the Administrator 
        of FEMA considers necessary to prevent unnecessary duplication 
        of grant awards.
    ``(j) Matching and Maintenance of Expenditure Requirements.--
            ``(1) Matching requirement for assistance to firefighters 
        grants.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an applicant seeking a grant to carry 
                out an activity under subsection (c) shall agree to 
                make available non-Federal funds to carry out such 
                activity in an amount equal to not less than 15 percent 
                of the grant awarded to such applicant under such 
                subsection.
                    ``(B) Exception for entities serving small 
                communities.--In the case that an applicant seeking a 
                grant to carry out an activity under subsection (c) 
                serves a jurisdiction of--
                            ``(i) more than 20,000 residents but not 
                        more than 50,000 residents, the applicant shall 
                        agree to make available non-Federal funds in an 
                        amount equal to not less than 10 percent of the 
                        grant award to such applicant under such 
                        subsection; or
                            ``(ii) 20,000 residents or fewer, the 
                        applicant shall agree to make available non-
                        Federal funds in an amount equal to not less 
                        than 5 percent of the grant awarded to such 
                        applicant under such subsection.
            ``(2) Matching requirement for fire prevention and safety 
        grants.--
                    ``(A) In general.--An applicant seeking a grant to 
                carry out an activity under subsection (d) shall agree 
                to make available non-Federal funds to carry out such 
                activity in an amount equal to not less than 5 percent 
                of the grant awarded to such applicant under such 
                subsection.
                    ``(B) Means of matching.--An applicant for a grant 
                under subsection (d) may meet the matching requirement 
                under subparagraph (A) through direct funding, funding 
                of complementary activities, or the provision of staff, 
                facilities, services, material, or equipment.
            ``(3) Maintenance of expenditures.--An applicant seeking a 
        grant under subsection (c) or (d) shall agree to maintain 
        during the term of the grant the applicant's aggregate 
        expenditures relating to the uses described in subsections 
        (c)(3) and (d)(3) at not less than 80 percent of the average 
        amount of such expenditures in the 2 fiscal years preceding the 
        fiscal year in which the grant amounts are received.
            ``(4) Waiver.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C)(ii), the Administrator of FEMA may 
                waive or reduce the requirements of paragraphs (1), 
                (2), and (3) in cases of demonstrated economic 
                hardship.
                    ``(B) Guidelines.--
                            ``(i) In general.--The Administrator of 
                        FEMA shall establish and publish guidelines for 
                        determining what constitutes economic hardship 
                        for purposes of this paragraph.
                            ``(ii) Considerations.--In developing 
                        guidelines under clause (i), the Administrator 
                        of FEMA shall consider, with respect to 
                        relevant communities, the following:
                                    ``(I) Changes in unemployment rates 
                                from previous years.
                                    ``(II) Changes in percentages of 
                                individuals eligible to receive food 
                                stamps from previous years.
                                    ``(III) Such other factors as the 
                                Administrator considers appropriate.
                    ``(C) Certain applicants for fire prevention and 
                safety grants.--The authority under subparagraph (A) 
                shall not apply with respect to a nonprofit 
                organization that--
                            ``(i) is described in subsection (d)(1)(B); 
                        and
                            ``(ii) is not a fire department or 
                        emergency medical services organization.
    ``(k) Grant Guidelines.--
            ``(1) Guidelines.--For each fiscal year, before awarding 
        any grants under this section, the Administrator of FEMA shall 
        publish in the Federal Register--
                    ``(A) guidelines that describe--
                            ``(i) the process for applying for grants 
                        under this section; and
                            ``(ii) the criteria that will be used for 
                        selecting grant recipients; and
                    ``(B) an explanation of any differences between 
                such guidelines and the recommendations obtained under 
                paragraph (2).
            ``(2) Annual meeting to obtain recommendations.--
                    ``(A) In general.--For each fiscal year, the 
                Administrator of FEMA shall convene a meeting of 
                qualified members of national fire service 
                organizations and qualified members of emergency 
                medical service organizations to obtain recommendations 
                regarding the following:
                            ``(i) Criteria for the awarding of grants 
                        under this section.
                            ``(ii) Administrative changes to the 
                        assistance program established under subsection 
                        (b).
                    ``(B) Qualified members.--For purposes of this 
                paragraph, a qualified member of an organization is a 
                member who--
                            ``(i) is recognized for expertise in 
                        firefighting or emergency medical services;
                            ``(ii) is not an employee of the Federal 
                        Government; and
                            ``(iii) in the case of a member of an 
                        emergency medical service organization, is a 
                        member of an organization that represents--
                                    ``(I) providers of emergency 
                                medical services that are affiliated 
                                with fire departments; or
                                    ``(II) nonaffiliated EMS providers.
            ``(3) Applicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to activities under this subsection.
    ``(l) Accounting Determination.--Notwithstanding any other 
provision of law, for purposes of this section, equipment costs shall 
include all costs attributable to any design, purchase of components, 
assembly, manufacture, and transportation of equipment not otherwise 
commercially available.
    ``(m) Eligible Grantee on Behalf of Alaska Native Villages.--The 
Alaska Village Initiatives, a non-profit organization incorporated in 
the State of Alaska, shall be eligible to apply for and receive a grant 
or other assistance under this section on behalf of Alaska Native 
villages.
    ``(n) Training Standards.--If an applicant for a grant under this 
section is applying for such grant to purchase training that does not 
meet or exceed any applicable national voluntary consensus standards 
developed under section 647 of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 747), the applicant shall submit to the 
Administrator of FEMA an explanation of the reasons that the training 
proposed to be purchased will serve the needs of the applicant better 
than training that meets or exceeds such standards.
    ``(o) Ensuring Effective Use of Grants.--
            ``(1) Audits.--The Administrator of FEMA may audit a 
        recipient of a grant awarded under this section to ensure 
        that--
                    ``(A) the grant amounts are expended for the 
                intended purposes; and
                    ``(B) the grant recipient complies with the 
                requirements of subsection (j).
            ``(2) Performance assessment.--
                    ``(A) In general.--The Administrator of FEMA shall 
                develop and implement a performance assessment system, 
                including quantifiable performance metrics, to evaluate 
                the extent to which grants awarded under this section 
                are furthering the purposes of this section, including 
                protecting the health and safety of the public and 
                firefighting personnel against fire and fire-related 
                hazards.
                    ``(B) Consultation.--The Administrator of FEMA 
                shall consult with fire service representatives and 
                with the Comptroller General of the United States in 
                developing the assessment system required by 
                subparagraph (A).
            ``(3) Annual reports to administrator of fema.--The 
        recipient of a grant awarded under this section shall submit to 
        the Administrator of FEMA an annual report describing how the 
        recipient used the grant amounts.
            ``(4) Annual reports to congress.--
                    ``(A) In general.--Not later than September 30, 
                2011, and each year thereafter through 2015, the 
                Administrator of FEMA shall submit to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Science and Technology of 
                the House of Representatives a report that provides--
                            ``(i) information on the performance 
                        assessment system developed under paragraph 
                        (2); and
                            ``(ii) using the performance metrics 
                        developed under such paragraph, an evaluation 
                        of the effectiveness of the grants awarded 
                        under this section.
                    ``(B) Additional information.--The report due under 
                subparagraph (A) on September 30, 2014, shall also 
                include recommendations for legislative changes to 
                improve grants under this section, including 
                recommendations as to whether the provisions set forth 
                in subsection (q) should be extended for fiscal years 
                after 2015.
    ``(p) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section--
                    ``(A) $950,000,000 for fiscal year 2011; and
                    ``(B) for each of fiscal years 2012 through 2015, 
                an amount equal to the amount authorized for the 
                previous fiscal year increased by the percentage by 
                which--
                            ``(i) the Consumer Price Index (all items, 
                        United States city average) for the previous 
                        fiscal year, exceeds
                            ``(ii) the Consumer Price Index for the 
                        fiscal year preceding the fiscal year described 
                        in clause (i).
            ``(2) Administrative expenses.--Of the amounts appropriated 
        pursuant to paragraph (1) for a fiscal year, the Administrator 
        of FEMA may use not more than 5 percent of such amounts for 
        salaries and expenses and other administrative costs incurred 
        by the Administrator of FEMA in the course of awarding grants 
        and providing assistance under this section.
            ``(3) Congressionally directed spending.--Consistent with 
        the requirements in subsections (c)(1) and (d)(1) that grants 
        under those subsections be awarded on a competitive basis, none 
        of the funds appropriated pursuant to this subsection may be 
        used for any congressionally directed spending item (as such 
        term is defined in paragraph 5(a) of rule XLIV of the Standing 
        Rules of the Senate).''.

SEC. 4. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

    (a) Improvements to Hiring Grants.--
            (1) Term of grants.--Subsection (a)(1)(B) of section 34 of 
        the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
        2229a) is amended by striking ``4 years'' and inserting ``3 
        years''.
            (2) Limitation on portion of costs of hiring 
        firefighters.--Subsection (a)(1)(E) of such section 34 is 
        amended by striking ``not exceed--'' and all that follows 
        through the period and inserting ``not exceed 75 percent in any 
        fiscal year.''.
    (b) Clarification Regarding Eligible Entities for Recruitment and 
Retention Grants.--The second sentence of subsection (a)(2) of such 
section 34 is amended by striking ``organizations on a local or 
statewide basis'' and inserting ``National, State, local, or tribal 
organizations''.
    (c) Maximum Amount for Hiring Firefighter.--Paragraph (4) of 
subsection (c) of such section 34 is amended to read as follows:
    ``(4) The amount of funding provided under this section to a 
recipient fire department for hiring a firefighter in any fiscal year 
may not exceed 75 percent of the usual annual cost of a first-year 
firefighter in that department at the time the grant application was 
submitted.''.
    (d) Waivers.--Such section 34 is further amended--
            (1) by redesignating subsections (d) through (i) as 
        subsection (e) through (j), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Waivers.--
            ``(1) In general.--In a case of demonstrated economic 
        hardship, the Administrator of FEMA may--
                    ``(A) waive the requirements of subsection 
                (a)(1)(B)(ii) or subsection (c)(1); or
                    ``(B) waive or reduce the requirements in 
                subsection (a)(1)(E) or subsection (c)(2).
            ``(2) Guidelines.--
                    ``(A) In general.--The Administrator of FEMA shall 
                establish and publish guidelines for determining what 
                constitutes economic hardship for purposes of paragraph 
                (1).
                    ``(B) Considerations.--In developing guidelines 
                under subparagraph (A), the Administration shall 
                consider, with respect to relevant communities, the 
                following:
                            ``(i) Changes in unemployment rates from 
                        previous years.
                            ``(ii) Changes in the percentages of 
                        individuals eligible to receive food stamps 
                        from previous years.
                            ``(iii) Such other considerations as the 
                        Administrator of FEMA considers appropriate.''.
    (e) Improvements to Performance Evaluation Requirements.--
Subsection (e) of such section 34, as redesignated by subsection (d)(1) 
of this section, is amended by inserting before the first sentence the 
following:
            ``(1) In general.--The Administrator of FEMA shall 
        establish a performance assessment system, including 
        quantifiable performance metrics, to evaluate the extent to 
        which grants awarded under this section are furthering the 
        purposes of this section.
            ``(2) Submission of information.--''.
    (f) Report.--
            (1) In general.--Subsection (f) of such section 34, as 
        redesignated by subsection (d)(1) of this section, is amended 
        by striking ``The authority'' and all that follows through 
        ``Congress concerning'' and inserting the following: ``Not 
        later than September 30, 2014, the Administrator of FEMA shall 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Science and 
        Technology of the House of Representatives a report on''.
            (2) Conforming amendment.--The heading for such subsection 
        is amended by striking ``Sunset and Reports'' and inserting 
        ``Report''.
    (g) Additional Definitions.--
            (1) In general.--Subsection (i) of such section 34, as 
        redesignated by subsection (d)(1) of this section, is amended--
                    (A) in the matter before paragraph (1), by striking 
                ``In this section, the term--'' and inserting ``In this 
                section:'';
                    (B) in paragraph (1)--
                            (i) by inserting ``The term'' before 
                        ```firefighter' has''; and
                            (ii) by striking ``; and'' and inserting a 
                        period;
                    (C) by striking paragraph (2); and
                    (D) by inserting at the end the following:
            ``(2) The terms `career fire department', `combination fire 
        department', and `volunteer fire department' have the meaning 
        given such terms in section 33(a).''.
            (2) Conforming amendment.--Subsection (a)(1)(A) of such 
        section 34 is amended by striking ``career, volunteer, and 
        combination fire departments'' and inserting ``career fire 
        departments, combination fire departments, and volunteer fire 
        departments''.
    (h) Authorization of Appropriations.--
            (1) In general.--Subsection (j) of such section 34, as 
        redesignated by subsection (d)(1) of this section, is amended--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) $950,000,000 for fiscal year 2011; and
            ``(9) for each of fiscal years 2012 through 2015, an amount 
        equal to the amount authorized for the previous fiscal year 
        increased by the percentage by which--
                    ``(A) the Consumer Price Index (all items, United 
                States city average) for the previous fiscal year, 
                exceeds
                    ``(B) the Consumer Price Index for the fiscal year 
                preceding the fiscal year described in subparagraph 
                (A).''.
            (2) Administrative expenses.--Such subsection (j) is 
        further amended--
                    (A) by redesignating paragraphs (1) through (8) as 
                subparagraphs (A) through (H);
                    (B) by striking ``There are'' and inserting the 
                following:
            ``(1) In general.--There are''; and
                    (C) by adding at the end the following:
            ``(2) Administrative expenses.--Of the amounts appropriated 
        pursuant to paragraph (1) for a fiscal year, the Administrator 
        of FEMA may use not more than 5 percent of such amounts to 
        cover salaries and expenses and other administrative costs 
        incurred by the Administrator of FEMA to make grants and 
        provide assistance under this section.''.
            (3) Congressionally directed spending.--Such subsection (j) 
        is further amended by adding at the end the following:
            ``(3) Congressionally directed spending.--Consistent with 
        the requirement in subsection (a) that grants under this 
        section be awarded on a competitive basis, none of the funds 
        appropriated pursuant to this subsection may be used for any 
        congressionally direct spending item (as defined in paragraph 
        5(a) of Rule XLIV of the Standing Rules of the Senate).''.
    (i) Technical Amendment.--Such section 34 is amended--
            (1) in subsection (a), in paragraphs (1)(A) and (2), by 
        striking ``Administrator shall'' and inserting ``Administrator 
        of FEMA shall, in consultation with the Administrator,''; and
            (2) by striking ``Administrator'' each place it appears, 
        other than in subsection (a)(1)(A) and (a)(2), and inserting 
        ``Administrator of FEMA''.
    (j) Clerical Amendment.--Section 34 of such Act (15 U.S.C. 2229a) 
is amend by striking the section heading and inserting the following: 
``staffing for adequate fire and emergency response''.

SEC. 5. SUNSET AND REVIVAL.

    (a) Sunset.--Section 3 and subsections (a), (c), (d), (e), (f), 
(g), and (h) of section 4 are repealed.
    (b) Revival.--Section 33 and 34 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229 and 2229a), amended by sections 3 
and 4 of this Act, as such provisions were in effect on the day before 
the date of the enactment of this Act, except as amended by subsections 
(b), (i), and (j) of section 4, are hereby revived.
    (c) Effective Date.--Subsections (a) and (b) shall take effect on 
October 1, 2015.

SEC. 6. REPORT.

    Not later than September 30, 2014, the Comptroller General of the 
United States shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Science and 
Technology of the House of Representatives a report on the effect of 
the amendments made by this Act. Such report shall include the 
following:
            (1) An assessment of the effect of the amendments made by 
        sections 3 and 4 on the effectiveness, relative allocation, 
        accountability, and administration of the grants awarded under 
        sections 33 and 34 of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a) after the date of the 
        enactment of this Act.
            (2) An evaluation of the extent to which the amendments 
        made by sections 3 and 4 have enabled recipients of grants 
        awarded under such sections 33 and 34 after the date of the 
        enactment of this Act to mitigate fire and fire-related and 
        other hazards more effectively.
                                 <all>
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