II 

Calendar No. 488 

111TH CONGRESS 

2D SESSION S. 3267 

[Report No. 111–235] 

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 

JULY 28, 2010 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 2010’’. 


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1 SEC. 2. AMENDMENTS TO DEFINITIONS. 

2 (a) IN GENERAL.—Section 4 of the Federal Fire Pre3 vention and Control Act of 1974 (15 U.S.C. 2203) is 

4 amended— 

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

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

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

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

9 inserting ‘‘ ‘Administrator of FEMA’ means the Ad10 ministrator of the Federal Emergency Management 

11 Agency;’’; 

12 (3) in paragraph (5)— 

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

14 ‘‘county,’’; and 

15 (B) by striking ‘‘and ‘firecontrol’ ’’ and in16 serting ‘‘and ‘fire control’ ’’; 

17 (4) by redesignating paragraphs (6) through 

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

19 (5) by inserting after paragraph (5), the fol20 lowing: 

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

22 term in section 4 of the Indian Self-Determination 

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

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


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

2 as redesignated by paragraph (4), as paragraphs 

3 (10) and (11); 

4 (7) by inserting after paragraph (8), as redesig5 nated by paragraph (4), the following: 

6 ‘‘(9) ‘Secretary’ means, except as otherwise pro7 vided, the Secretary of Homeland Security;’’; and 

8 (8) by amending paragraph (10), as redesig9 nated by paragraph (6), to read as follows: 

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

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

12 U.S.C. 101).’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) The Federal Fire Prevention and Control 

15 Act of 1974 (15 U.S.C. 2201 et seq.) is amended by 

16 striking ‘‘Director’’ each place it appears and insert17 ing ‘‘Administrator of FEMA’’. 

18 (2) Section 15(a) of such Act (15 U.S.C. 

19 2213(a)) is amended by striking ‘‘Director’s Award’’ 

20 each place it appears and inserting ‘‘Administrator 

21 of FEMA’s Award’’. 

22 SEC. 3. ASSISTANCE TO FIREFIGHTER GRANTS. 

23 Section 33 of the Federal Fire Prevention and Con24 trol Act of 1974 (15 U.S.C. 2229) is amended to read 

25 as follows: 


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1 ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. 

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

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

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

5 means those funds appropriated pursuant to the au6 thorization of appropriations in subsection (p)(1) for 

7 such fiscal year less any funds used for administra8 tive costs pursuant to subsection (p)(2) in such fis9 cal year. 

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

11 ‘career fire department’ means a fire department 

12 that has an all-paid force of firefighting personnel 

13 other than paid-on-call firefighters. 

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

15 term ‘combination fire department’ means a fire de16 partment that has— 

17 ‘‘(A) paid firefighting personnel; and 

18 ‘‘(B) volunteer firefighting personnel. 

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

20 ‘firefighting personnel’ means individuals, including 

21 volunteers, who are firefighters, officers of fire de22 partments, or emergency medical service personnel 

23 of fire departments. 

24 ‘‘(5) NONAFFILIATED EMS ORGANIZATION.— 

25 The term ‘nonaffiliated EMS organization’ means a 

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1 ices organization that is not affiliated with a hospital 

2 and does not serve a geographic area in which the 

3 Administrator of FEMA finds that emergency med4 ical services are adequately provided by a fire de5 partment. 

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

7 means firefighting personnel who are paid a stipend 

8 for each event to which they respond. 

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

10 term ‘volunteer fire department’ means a fire de11 partment that has an all-volunteer force of fire12 fighting personnel. 

13 ‘‘(b) ASSISTANCE PROGRAM.— 

14 ‘‘(1) AUTHORITY.—In accordance with this sec15 tion, the Administrator of FEMA may, in consulta16 tion with the Administrator of the United States 

17 Fire Administration, award— 

18 ‘‘(A) assistance to firefighters grants under 

19 subsection (c); and 

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

21 other assistance under subsection (d). 

22 ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad23 ministrator of FEMA shall— 


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1 ‘‘(A) establish specific criteria for the se2 lection of grant recipients under this section; 

3 and 

4 ‘‘(B) provide assistance with application 

5 preparation to applicants for such grants. 

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

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

8 FEMA may, in consultation with the chief executives 

9 of the States in which the recipients are located, 

10 award grants on a competitive basis directly to— 

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

12 protecting the health and safety of the public 

13 and firefighting personnel throughout the 

14 United States against fire, fire-related, and 

15 other hazards; 

16 ‘‘(B) nonaffiliated EMS organizations to 

17 support the provision of emergency medical 

18 services; and 

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

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

21 and (I) of paragraph (3). 

22 ‘‘(2) MAXIMUM GRANT AMOUNTS.— 

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

24 FEMA may not award a grant under this sub25 section in excess of amounts as follows: 


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

2 serves a jurisdiction with 100,000 people 

3 or fewer, the amount of the grant awarded 

4 to such recipient shall not exceed 

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

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

7 serves a jurisdiction with more than 

8 100,000 people but not more than 500,000 

9 people, the amount of the grant awarded 

10 to such recipient shall not exceed 

11 $2,000,000 in any fiscal year. 

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

13 serves a jurisdiction with more than 

14 500,000 but not more than 1,000,000 peo15 ple, the amount of the grant awarded to 

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

17 in any fiscal year. 

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

19 serves a jurisdiction with more than 

20 1,000,000 people but not more than 

21 2,500,000 people, the amount of the grant 

22 awarded to such recipient shall not exceed 

23 $6,000,000 for any fiscal year. 

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

25 serves a jurisdiction with more than 


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1 2,500,000 people, the amount of the grant 

2 awarded to such recipient shall not exceed 

3 $9,000,000 in any fiscal year. 

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

5 The Administrator of FEMA may not award a 

6 grant under this subsection to a State fire 

7 training academy in an amount that exceeds 

8 $1,000,000 in any fiscal year. 

9 ‘‘(C) AGGREGATE.— 

10 ‘‘(i) IN GENERAL.—Notwithstanding 

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

12 provided under clause (ii), the Adminis13 trator of FEMA may not award a grant 

14 under this subsection in a fiscal year in an 

15 amount that exceeds the amount that is 

16 one percent of the available grant funds in 

17 such fiscal year. 

18 ‘‘(ii) EXCEPTION.—The Administrator 

19 of FEMA may waive the limitation in 

20 clause (i) with respect to a grant recipient 

21 if the Administrator of FEMA determines 

22 that such recipient has an extraordinary 

23 need for a grant in an amount that exceeds 

24 the limit under clause (i). 


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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 train firefighting personnel in— 

5 ‘‘(i) firefighting; 

6 ‘‘(ii) emergency medical services and 

7 other emergency response (including re8 sponse to natural disasters, acts of ter9 rorism, and other man-made disasters); 

10 ‘‘(iii) arson prevention and detection; 

11 ‘‘(iv) maritime firefighting; or 

12 ‘‘(v) the handling of hazardous mate13 rials. 

14 ‘‘(B) To train firefighting personnel to 

15 provide any of the training described in sub16 paragraph (A). 

17 ‘‘(C) To fund the creation of rapid inter18 vention teams to protect firefighting personnel 

19 at the scenes of fires and other emergencies. 

20 ‘‘(D) To certify— 

21 ‘‘(i) fire inspectors; and 

22 ‘‘(ii) building inspectors— 

23 ‘‘(I) whose responsibilities include 

24 fire safety inspections; and 


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1 ‘‘(II) who are employed by or 

2 serving as volunteers with a fire de3 partment. 

4 ‘‘(E) To establish wellness and fitness pro5 grams for firefighting personnel to ensure that 

6 the firefighting personnel are able to carry out 

7 their duties as firefighters. 

8 ‘‘(F) To fund emergency medical services 

9 provided by fire departments and nonaffiliated 

10 EMS organizations. 

11 ‘‘(G) To acquire additional firefighting ve12 hicles, including fire trucks and other appa13 ratus. 

14 ‘‘(H) To acquire additional firefighting 

15 equipment, including equipment for— 

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

17 areas without access to water; and 

18 ‘‘(ii) communications, monitoring, and 

19 response to a natural disaster, act of ter20 rorism, or other man-made disaster, in21 cluding the use of a weapon of mass de22 struction. 

23 ‘‘(I) To acquire personal protective equip24 ment, including personal protective equip25 ment— 


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1 ‘‘(i) prescribed for firefighting per2 sonnel by the Occupational Safety and 

3 Health Administration of the Department 

4 of Labor; or 

5 ‘‘(ii) for responding to a natural dis6 aster or act of terrorism or other man7 made disaster, including the use of a weap8 on of mass destruction. 

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

10 facilities, and other facilities to protect the 

11 health and safety of firefighting personnel. 

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

13 prevention and detection. 

14 ‘‘(L) To provide incentives for the recruit15 ment and retention of volunteer firefighting 

16 personnel for volunteer firefighting departments 

17 and other firefighting departments that utilize 

18 volunteers. 

19 ‘‘(M) To support such other activities, con20 sistent with the purposes of this subsection, as 

21 the Administrator of FEMA determines appro22 priate. 

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

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1 fighter health and safety research and development, 

2 the Administrator of FEMA may, on a competitive 

3 basis— 

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

5 ‘‘(B) award grants to, or enter into con6 tracts or cooperative agreements with, national, 

7 State, local, tribal, or nonprofit organizations 

8 that are not fire departments and that are rec9 ognized for their experience and expertise with 

10 respect to fire prevention or fire safety pro11 grams and activities and firefighter research 

12 and development programs, for the purpose of 

13 carrying out— 

14 ‘‘(i) fire prevention programs; and 

15 ‘‘(ii) research to improve firefighter 

16 health and life safety; and 

17 ‘‘(C) award grants to, or enter into con18 tracts with, regionally accredited institutions of 

19 higher education and national fire service orga20 nizations or national fire safety organizations to 

21 support joint programs focused on reducing 

22 firefighter fatalities and non-fatal injuries, in23 cluding programs for establishing fire safety re24 search centers as the Administrator of FEMA 

25 determines appropriate. 


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

2 awarded under this subsection may not be for an 

3 amount greater than $1,500,000 for a fiscal year. 

4 ‘‘(3) USE OF GRANT FUNDS.—Each entity re5 ceiving a grant under this subsection shall use the 

6 grant for one or more of the following purposes: 

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

8 compliance with fire safety standards. 

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

10 ‘‘(C) To fund wildland fire prevention pro11 grams, including education, awareness, and 

12 mitigation programs that protect lives, prop13 erty, and natural resources from fire in the 

14 wildland-urban interface. 

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

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

17 operation of— 

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

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

20 ‘‘(E) To support such other activities, con21 sistent with the purposes of this subsection, as 

22 the Administrator of FEMA determines appro23 priate. 

24 ‘‘(e) APPLICATIONS FOR GRANTS.— 


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

2 under this section shall submit to the Administrator 

3 of FEMA an application therefor in such form and 

4 in such manner as the Administrator of FEMA de5 termines appropriate. 

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

7 under paragraph (1) shall include the following: 

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

9 the applicant for the grant. 

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

11 with respect to public safety, of the use for 

12 which a grant is requested. 

13 ‘‘(C) An agreement to provide information 

14 to the national fire incident reporting system 

15 for the period covered by the grant. 

16 ‘‘(D) A list of other sources of funding re17 ceived by the applicant— 

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

19 the applicant for a grant under this section 

20 was submitted; or 

21 ‘‘(ii) from the Federal Government for 

22 other fire-related purposes. 

23 ‘‘(E) Such other information as the Ad24 ministrator of FEMA determines appropriate. 

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


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

2 may submit an application under paragraph (1) 

3 for a grant under this section to fund a joint 

4 program or initiative, including acquisition of 

5 shared equipment or vehicles. 

6 ‘‘(B) NONEXCLUSIVITY.—Applications 

7 under this paragraph may be submitted instead 

8 of or in addition to any other application sub9 mitted under paragraph (1). 

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

11 FEMA shall— 

12 ‘‘(i) publish guidance on applying for 

13 and administering grants awarded for joint 

14 programs and initiatives described in sub15 paragraph (A); and 

16 ‘‘(ii) encourage applicants to apply for 

17 grants for joint programs and initiatives 

18 described in subparagraph (A) as the Ad19 ministrator of FEMA determines appro20 priate to achieve greater cost effectiveness 

21 and regional efficiency. 

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

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

24 FEMA shall, after consultation with national fire 

25 service and emergency management organizations, 


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1 appoint fire service personnel and personnel from 

2 nonaffiliated EMS organizations to conduct peer re3 views of applications received under subsection 

4 (e)(1). 

5 ‘‘(2) ASSIGNMENT OF REVIEWS.—In admin6 istering the peer review process under paragraph 

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

8 ‘‘(A) applications submitted by career fire 

9 departments are reviewed primarily by per10 sonnel from career fire departments; 

11 ‘‘(B) applications submitted by volunteer 

12 fire departments are reviewed primarily by per13 sonnel from volunteer fire departments; 

14 ‘‘(C) applications submitted by combina15 tion fire departments and fire departments 

16 using paid-on-call firefighting personnel are re17 viewed primarily by personnel from such fire 

18 departments; and 

19 ‘‘(D) applications for grants to fund emer20 gency medical services pursuant to subsection 

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

22 medical service personnel, including— 

23 ‘‘(i) emergency medical service per24 sonnel affiliated with fire departments; and 


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1 ‘‘(ii) personnel from nonaffiliated 

2 EMS organizations. 

3 ‘‘(3) REVIEW OF APPLICATIONS FOR FIRE PRE4 VENTION AND SAFETY GRANTS SUBMITTED BY NON5 PROFIT ORGANIZATIONS THAT ARE NOT FIRE DE6 PARTMENTS.—In conducting a review of an applica7 tion submitted under subsection (e)(1) by a non8 profit organization described in subsection (d)(1)(B), 

9 a peer reviewer may not recommend the applicant 

10 for a grant under subsection (d) unless such appli11 cant is recognized for its experience and expertise 

12 with respect to— 

13 ‘‘(A) fire prevention or safety programs 

14 and activities; or 

15 ‘‘(B) firefighter research and development 

16 programs. 

17 ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY

18 COMMITTEE ACT.—The Federal Advisory Committee 

19 Act (5 U.S.C. App.) shall not apply to activities car20 ried out pursuant to this subsection. 

21 ‘‘(g) PRIORITIZATION AND ALLOCATION OF GRANT

22 AWARDS.—In awarding grants under this section, the Ad23 ministrator of FEMA shall— 

24 ‘‘(1) consider the findings and recommendations 

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


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

2 reduce deaths, injuries, and property damage by re3 ducing the risks associated with fire-related and 

4 other hazards; 

5 ‘‘(3) consider the extent of the need of an appli6 cant for a grant under this section and the need to 

7 protect the United States as a whole; 

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

9 requiring a fire fighting or emergency medical re10 sponse received by an applicant; and 

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

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

13 to career fire departments; 

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

15 to volunteer fire departments; and 

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

17 to combination fire departments and fire de18 partments using paid-on-call firefighting per19 sonnel. 

20 ‘‘(h) ADDITIONAL REQUIREMENTS AND LIMITA21 TIONS.— 

22 ‘‘(1) FUNDING FOR EMERGENCY MEDICAL

23 SERVICES.—Not less than 3.5 percent of the avail24 able grant funds for a fiscal year shall be awarded 


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1 under this section for purposes described in sub2 section (c)(3)(F). 

3 ‘‘(2) GRANT AWARDS TO NONAFFILIATED EMS

4 ORGANIZATIONS.—Not more than 2 percent of the 

5 available grant funds for a fiscal year shall be 

6 awarded under this section to nonaffiliated EMS or7 ganizations. 

8 ‘‘(3) FUNDING FOR FIRE PREVENTION AND

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

10 than 10 percent of the aggregate of grant amounts 

11 under this section in that fiscal year shall be award12 ed under subsection (d). 

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

14 more than 3 percent of the available grant funds for 

15 a fiscal year shall be awarded under subsection 

16 (c)(1)(C). 

17 ‘‘(5) AMOUNTS FOR PURCHASING FIRE18 FIGHTING VEHICLES.—Not more than 25 percent of 

19 the available grant funds for a fiscal year may be 

20 used to assist grant recipients to purchase vehicles 

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

22 ‘‘(i) FURTHER CONSIDERATIONS.— 

23 ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO

24 FIRE DEPARTMENTS.—In considering applications 

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1 trator of FEMA shall consider the extent to which 

2 the grant would enhance the daily operations of the 

3 applicant and the impact of such a grant on the pro4 tection of lives and property. 

5 ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS

6 ORGANIZATIONS.—In the case of an application sub7 mitted under subsection (e)(1) by a nonaffiliated 

8 EMS organization, the Administrator of FEMA 

9 shall consider the extent to which other sources of 

10 Federal funding are available to the applicant to 

11 provide the assistance requested in such application. 

12 ‘‘(3) AWARDING FIRE PREVENTION AND SAFE13 TY GRANTS TO CERTAIN ORGANIZATIONS THAT ARE

14 NOT FIRE DEPARTMENTS.—In the case of applicants 

15 for grants under this section who are described in 

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

17 shall give priority to applicants who focus on— 

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

19 groups from fire; and 

20 ‘‘(B) research programs that demonstrate 

21 a potential to improve firefighter safety. 

22 ‘‘(4) AVOIDING DUPLICATION.—The Adminis23 trator of FEMA shall review lists submitted by ap24 plicants pursuant to subsection (e)(2)(D) and take 

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1 siders necessary to prevent unnecessary duplication 

2 of grant awards. 

3 ‘‘(j) MATCHING AND MAINTENANCE OF EXPENDI4 TURE REQUIREMENTS.— 

5 ‘‘(1) MATCHING REQUIREMENT FOR ASSIST6 ANCE TO FIREFIGHTERS GRANTS.— 

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

8 subparagraph (B), an applicant seeking a grant 

9 to carry out an activity under subsection (c) 

10 shall agree to make available non-Federal funds 

11 to carry out such activity in an amount equal 

12 to not less than 15 percent of the grant award13 ed to such applicant under such subsection. 

14 ‘‘(B) EXCEPTION FOR ENTITIES SERVING

15 SMALL COMMUNITIES.—In the case that an ap16 plicant seeking a grant to carry out an activity 

17 under subsection (c) serves a jurisdiction of— 

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

19 not more than 50,000 residents, the appli20 cant shall agree to make available non21 Federal funds in an amount equal to not 

22 less than 10 percent of the grant award to 

23 such applicant under such subsection; or 

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

25 applicant shall agree to make available 


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1 non-Federal funds in an amount equal to 

2 not less than 5 percent of the grant award3 ed to such applicant under such sub4 section. 

5 ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE6 VENTION AND SAFETY GRANTS.— 

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

8 a grant to carry out an activity under sub9 section (d) shall agree to make available non10 Federal funds to carry out such activity in an 

11 amount equal to not less than 5 percent of the 

12 grant awarded to such applicant under such 

13 subsection. 

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

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

16 matching requirement under subparagraph (A) 

17 through direct funding, funding of complemen18 tary activities, or the provision of staff, facili19 ties, services, material, or equipment. 

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

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

22 shall agree to maintain during the term of the grant 

23 the applicant’s aggregate expenditures relating to 

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

25 at not less than 80 percent of the average amount 


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1 of such expenditures in the 2 fiscal years preceding 

2 the fiscal year in which the grant amounts are re3 ceived. 

4 ‘‘(4) WAIVER.— 

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

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

7 FEMA may waive or reduce the requirements 

8 of paragraphs (1), (2), and (3) in cases of dem9 onstrated economic hardship. 

10 ‘‘(B) GUIDELINES.— 

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

12 of FEMA shall establish and publish 

13 guidelines for determining what constitutes 

14 economic hardship for purposes of this 

15 paragraph. 

16 ‘‘(ii) CONSIDERATIONS.—In devel17 oping guidelines under clause (i), the Ad18 ministrator of FEMA shall consider, with 

19 respect to relevant communities, the fol20 lowing: 

21 ‘‘(I) Changes in unemployment 

22 rates from previous years. 

23 ‘‘(II) Changes in percentages of 

24 individuals eligible to receive food 

25 stamps from previous years. 


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1 ‘‘(III) Such other factors as the 

2 Administrator considers appropriate. 

3 ‘‘(C) CERTAIN APPLICANTS FOR FIRE PRE4 VENTION AND SAFETY GRANTS.—The authority 

5 under subparagraph (A) shall not apply with 

6 respect to a nonprofit organization that— 

7 ‘‘(i) is described in subsection 

8 (d)(1)(B); and 

9 ‘‘(ii) is not a fire department or emer10 gency medical services organization. 

11 ‘‘(k) GRANT GUIDELINES.— 

12 ‘‘(1) GUIDELINES.—For each fiscal year, before 

13 awarding any grants under this section, the Admin14 istrator of FEMA shall publish in the Federal Reg15 ister— 

16 ‘‘(A) guidelines that describe— 

17 ‘‘(i) the process for applying for 

18 grants under this section; and 

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

20 selecting grant recipients; and 

21 ‘‘(B) an explanation of any differences be22 tween such guidelines and the recommendations 

23 obtained under paragraph (2). 

24 ‘‘(2) ANNUAL MEETING TO OBTAIN REC25 OMMENDATIONS.— 


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

2 the Administrator of FEMA shall convene a 

3 meeting of qualified members of national fire 

4 service organizations and qualified members of 

5 emergency medical service organizations to ob6 tain recommendations regarding the following: 

7 ‘‘(i) Criteria for the awarding of 

8 grants under this section. 

9 ‘‘(ii) Administrative changes to the as10 sistance program established under sub11 section (b). 

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

13 of this paragraph, a qualified member of an or14 ganization is a member who— 

15 ‘‘(i) is recognized for expertise in fire16 fighting or emergency medical services; 

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

18 Government; and 

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

20 emergency medical service organization, is 

21 a member of an organization that rep22 resents— 

23 ‘‘(I) providers of emergency med24 ical services that are affiliated with 

25 fire departments; or 


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1 ‘‘(II) nonaffiliated EMS pro2 viders. 

3 ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY

4 COMMITTEE ACT.—The Federal Advisory Committee 

5 Act (5 U.S.C. App.) shall not apply to activities 

6 under this subsection. 

7 ‘‘(l) ACCOUNTING DETERMINATION.—Notwith8 standing any other provision of law, for purposes of this 

9 section, equipment costs shall include all costs attributable 

10 to any design, purchase of components, assembly, manu11 facture, and transportation of equipment not otherwise 

12 commercially available. 

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

14 NATIVE VILLAGES.—The Alaska Village Initiatives, a 

15 non-profit organization incorporated in the State of Alas16 ka, shall be eligible to apply for and receive a grant or 

17 other assistance under this section on behalf of Alaska Na18 tive villages. 

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

20 grant under this section is applying for such grant to pur21 chase training that does not meet or exceed any applicable 

22 national voluntary consensus standards developed under 

23 section 647 of the Post-Katrina Emergency Management 

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

25 submit to the Administrator of FEMA an explanation of 


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1 the reasons that the training proposed to be purchased 

2 will serve the needs of the applicant better than training 

3 that meets or exceeds such standards. 

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

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

6 may audit a recipient of a grant awarded under this 

7 section to ensure that— 

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

9 the intended purposes; and 

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

11 requirements of subsection (j). 

12 ‘‘(2) PERFORMANCE ASSESSMENT.— 

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

14 FEMA shall develop and implement a perform15 ance assessment system, including quantifiable 

16 performance metrics, to evaluate the extent to 

17 which grants awarded under this section are 

18 furthering the purposes of this section, includ19 ing protecting the health and safety of the pub20 lic and firefighting personnel against fire and 

21 fire-related hazards. 

22 ‘‘(B) CONSULTATION.—The Administrator 

23 of FEMA shall consult with fire service rep24 resentatives and with the Comptroller General 


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1 of the United States in developing the assess2 ment system required by subparagraph (A). 

3 ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF

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

5 section shall submit to the Administrator of FEMA 

6 an annual report describing how the recipient used 

7 the grant amounts. 

8 ‘‘(4) ANNUAL REPORTS TO CONGRESS.— 

9 ‘‘(A) IN GENERAL.—Not later than Sep10 tember 30, 2011, and each year thereafter 

11 through 2015, the Administrator of FEMA 

12 shall submit to the Committee on Homeland 

13 Security and Governmental Affairs of the Sen14 ate and the Committee on Science and Tech15 nology of the House of Representatives a report 

16 that provides— 

17 ‘‘(i) information on the performance 

18 assessment system developed under para19 graph (2); and 

20 ‘‘(ii) using the performance metrics 

21 developed under such paragraph, an eval22 uation of the effectiveness of the grants 

23 awarded under this section. 

24 ‘‘(B) ADDITIONAL INFORMATION.—The re25 port due under subparagraph (A) on September 


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1 30, 2014, shall also include recommendations 

2 for legislative changes to improve grants under 

3 this section, including recommendations as to 

4 whether the provisions set forth in subsection 

5 (q) should be extended for fiscal years after 

6 2015. 

7 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— 

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

9 appropriated to carry out this section— 

10 ‘‘(A) $950,000,000 for fiscal year 2011; 

11 and 

12 ‘‘(B) for each of fiscal years 2012 through 

13 2015, an amount equal to the amount author14 ized for the previous fiscal year increased by 

15 the percentage by which— 

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

17 items, United States city average) for the 

18 previous fiscal year, exceeds 

19 ‘‘(ii) the Consumer Price Index for 

20 the fiscal year preceding the fiscal year de21 scribed in clause (i). 

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

23 amounts appropriated pursuant to paragraph (1) for 

24 a fiscal year, the Administrator of FEMA may use 

25 not more than 5 percent of such amounts for salaVerDate Mar 15 2010 23:37 Jul 28, 2010 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6401 E:\BILLS\S3267.RS S3267

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1 ries and expenses and other administrative costs in2 curred by the Administrator of FEMA in the course 

3 of awarding grants and providing assistance under 

4 this section. 

5 ‘‘(3) CONGRESSIONALLY DIRECTED SPEND6 ING.—Consistent with the requirements in sub7 sections (c)(1) and (d)(1) that grants under those 

8 subsections be awarded on a competitive basis, none 

9 of the funds appropriated pursuant to this sub10 section may be used for any congressionally directed 

11 spending item (as such term is defined in paragraph 

12 5(a) of rule XLIV of the Standing Rules of the Sen13 ate).’’. 

14 SEC. 4. STAFFING FOR ADEQUATE FIRE AND EMERGENCY 

15 RESPONSE. 

16 (a) IMPROVEMENTS TO HIRING GRANTS.— 

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

18 section 34 of the Federal Fire Prevention and Con19 trol Act of 1974 (15 U.S.C. 2229a) is amended by 

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

21 (2) LIMITATION ON PORTION OF COSTS OF HIR22 ING FIREFIGHTERS.—Subsection (a)(1)(E) of such 

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

24 and all that follows through the period and inserting 

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


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1 (b) CLARIFICATION REGARDING ELIGIBLE ENTITIES

2 FOR RECRUITMENT AND RETENTION GRANTS.—The sec3 ond sentence of subsection (a)(2) of such section 34 is 

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

5 basis’’ and inserting ‘‘National, State, local, or tribal orga6 nizations’’. 

7 (c) MAXIMUM AMOUNT FOR HIRING FIRE8 FIGHTER.—Paragraph (4) of subsection (c) of such sec9 tion 34 is amended to read as follows: 

10 ‘‘(4) The amount of funding provided under this sec11 tion to a recipient fire department for hiring a firefighter 

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

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

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

15 (d) WAIVERS.—Such section 34 is further amend16 ed— 

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

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

19 (2) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) WAIVERS.— 

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

23 economic hardship, the Administrator of FEMA 

24 may— 


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1 ‘‘(A) waive the requirements of subsection 

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

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

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

5 ‘‘(2) GUIDELINES.— 

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

7 FEMA shall establish and publish guidelines for 

8 determining what constitutes economic hardship 

9 for purposes of paragraph (1). 

10 ‘‘(B) CONSIDERATIONS.—In developing 

11 guidelines under subparagraph (A), the Admin12 istration shall consider, with respect to relevant 

13 communities, the following: 

14 ‘‘(i) Changes in unemployment rates 

15 from previous years. 

16 ‘‘(ii) Changes in the percentages of in17 dividuals eligible to receive food stamps 

18 from previous years. 

19 ‘‘(iii) Such other considerations as the 

20 Administrator of FEMA considers appro21 priate.’’. 

22 (e) IMPROVEMENTS TO PERFORMANCE EVALUATION

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

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


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1 amended by inserting before the first sentence the fol2 lowing: 

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

4 FEMA shall establish a performance assessment sys5 tem, including quantifiable performance metrics, to 

6 evaluate the extent to which grants awarded under 

7 this section are furthering the purposes of this sec8 tion. 

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

10 (f) REPORT.— 

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

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

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

15 inserting the following: ‘‘Not later than September 

16 30, 2014, the Administrator of FEMA shall submit 

17 to the Committee on Homeland Security and Gov18 ernmental Affairs of the Senate and the Committee 

19 on Science and Technology of the House of Rep20 resentatives a report on’’. 

21 (2) CONFORMING AMENDMENT.—The heading 

22 for such subsection is amended by striking ‘‘SUNSET

23 AND REPORTS’’ and inserting ‘‘REPORT’’. 

24 (g) ADDITIONAL DEFINITIONS.— 


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1 (1) IN GENERAL.—Subsection (i) of such sec2 tion 34, as redesignated by subsection (d)(1) of this 

3 section, is amended— 

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

5 striking ‘‘In this section, the term—’’ and in6 serting ‘‘In this section:’’; 

7 (B) in paragraph (1)— 

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

9 ‘‘ ‘firefighter’ has’’; and 

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

11 a period; 

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

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

14 ‘‘(2) The terms ‘career fire department’, ‘com15 bination fire department’, and ‘volunteer fire depart16 ment’ have the meaning given such terms in section 

17 33(a).’’. 

18 (2) CONFORMING AMENDMENT.—Subsection 

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

20 ‘‘career, volunteer, and combination fire depart21 ments’’ and inserting ‘‘career fire departments, com22 bination fire departments, and volunteer fire depart23 ments’’. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—Subsection (j) of such sec2 tion 34, as redesignated by subsection (d)(1) of this 

3 section, is amended— 

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

5 the end; 

6 (B) in paragraph (7), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(8) $950,000,000 for fiscal year 2011; and 

11 ‘‘(9) for each of fiscal years 2012 through 

12 2015, an amount equal to the amount authorized for 

13 the previous fiscal year increased by the percentage 

14 by which— 

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

16 United States city average) for the previous fis17 cal year, exceeds 

18 ‘‘(B) the Consumer Price Index for the fis19 cal year preceding the fiscal year described in 

20 subparagraph (A).’’. 

21 (2) ADMINISTRATIVE EXPENSES.—Such sub22 section (j) is further amended— 

23 (A) by redesignating paragraphs (1) 

24 through (8) as subparagraphs (A) through (H); 


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1 (B) by striking ‘‘There are’’ and inserting 

2 the following: 

3 ‘‘(1) IN GENERAL.—There are’’; and 

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

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

6 amounts appropriated pursuant to paragraph (1) for 

7 a fiscal year, the Administrator of FEMA may use 

8 not more than 5 percent of such amounts to cover 

9 salaries and expenses and other administrative costs 

10 incurred by the Administrator of FEMA to make 

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

12 (3) CONGRESSIONALLY DIRECTED SPENDING.— 

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

14 the end the following: 

15 ‘‘(3) CONGRESSIONALLY DIRECTED SPEND16 ING.—Consistent with the requirement in subsection 

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

18 competitive basis, none of the funds appropriated 

19 pursuant to this subsection may be used for any 

20 congressionally direct spending item (as defined in 

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

22 of the Senate).’’. 

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

24 amended— 


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

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

3 ‘‘Administrator of FEMA shall, in consultation with 

4 the Administrator,’’; and 

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

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

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

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

9 (15 U.S.C. 2229a) is amend by striking the section head10 ing and inserting the following: ‘‘STAFFING FOR ADE11 QUATE FIRE AND EMERGENCY RESPONSE’’. 

12 SEC. 5. SUNSET AND REVIVAL. 

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

14 (e), (f), (g), and (h) of section 4 are repealed. 

15 (b) REVIVAL.—Section 33 and 34 of the Federal Fire 

16 Prevention and Control Act of 1974 (15 U.S.C. 2229 and 

17 2229a), amended by sections 3 and 4 of this Act, as such 

18 provisions were in effect on the day before the date of the 

19 enactment of this Act, except as amended by subsections 

20 (b), (i), and (j) of section 4, are hereby revived. 

21 (c) EFFECTIVE DATE.—Subsections (a) and (b) shall 

22 take effect on October 1, 2015. 

23 SEC. 6. REPORT. 

24 Not later than September 30, 2014, the Comptroller 

25 General of the United States shall submit to the ComVerDate Mar 15 2010 23:37 Jul 28, 2010 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6401 E:\BILLS\S3267.RS S3267

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1 mittee on Homeland Security and Governmental Affairs 

2 of the Senate and the Committee on Science and Tech3 nology of the House of Representatives a report on the 

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

5 shall include the following: 

6 (1) An assessment of the effect of the amend7 ments made by sections 3 and 4 on the effectiveness, 

8 relative allocation, accountability, and administration 

9 of the grants awarded under sections 33 and 34 of 

10 the Federal Fire Prevention and Control Act of 

11 1974 (15 U.S.C. 2229 and 2229a) after the date of 

12 the enactment of this Act. 

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

14 amendments made by sections 3 and 4 have enabled 

15 recipients of grants awarded under such sections 33 

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

17 to mitigate fire and fire-related and other hazards 

18 more effectively. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Fire Grants Reauthor21 ization Act of 2010’’. 

22 SEC. 2. AMENDMENTS TO DEFINITIONS. 

23 (a) IN GENERAL.—Section 4 of the Federal Fire Pre24 vention and Control Act of 1974 (15 U.S.C. 2203) is 

25 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 (9) 

14 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), as 

22 redesignated by paragraph (4), as paragraphs (10) 

23 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;’’; 

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’’ each 

12 place it appears and inserting ‘‘Administrator of 

13 FEMA’’. 

14 (2) ADMINISTRATOR OF FEMA’S AWARD.—Section 

15 15 of such Act (15 U.S.C. 2214) is amended by strik16 ing ‘‘Director’s Award’’ each place it appears and in17 serting ‘‘Administrator’s Award’’. 

18 SEC. 3. ASSISTANCE TO FIREFIGHTER GRANTS. 

19 Section 33 of the Federal Fire Prevention and Control 

20 Act of 1974 (15 U.S.C. 2229) is amended to read as follows: 

21 ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. 

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

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

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

25 means those funds appropriated pursuant to the auVerDate Mar 15 2010 23:37 Jul 28, 2010 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\S3267.RS S3267

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1 thorization of appropriations in subsection (p)(1) for 

2 such fiscal year less any funds used for administra3 tive costs pursuant to subsection (p)(2) in such fiscal 

4 year. 

5 ‘‘(2) CAREER FIRE DEPARTMENT.—The term ‘ca6 reer fire department’ means a fire department that 

7 has an all-paid force of firefighting personnel other 

8 than paid-on-call firefighters. 

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

10 term ‘combination fire department’ means a fire de11 partment that has— 

12 ‘‘(A) paid firefighting personnel; and 

13 ‘‘(B) volunteer firefighting personnel. 

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

15 ‘firefighting personnel’ means individuals, including 

16 volunteers, who are firefighters, officers of fire depart17 ments, or emergency medical service personnel of fire 

18 departments. 

19 ‘‘(5) NONAFFILIATED EMS ORGANIZATION.—The 

20 term ‘nonaffiliated EMS organization’ means a pub21 lic or private nonprofit emergency medical services 

22 organization that is not affiliated with a hospital and 

23 does not serve a geographic area in which the Admin24 istrator of FEMA finds that emergency medical serv25 ices are adequately provided by a fire department. 


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

2 with respect to firefighting personnel means fire3 fighting personnel who are paid a stipend for each 

4 event to which they respond. 

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

6 ‘volunteer fire department’ means a fire department 

7 that has an all-volunteer force of firefighting per8 sonnel. 

9 ‘‘(b) ASSISTANCE PROGRAM.— 

10 ‘‘(1) AUTHORITY.—In accordance with this sec11 tion, the Administrator of FEMA may, in consulta12 tion with the Administrator of the United States Fire 

13 Administration, award— 

14 ‘‘(A) assistance to firefighters grants under 

15 subsection (c); and 

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

17 other assistance under subsection (d). 

18 ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad19 ministrator of FEMA shall— 

20 ‘‘(A) establish specific criteria for the selec21 tion of grant recipients under this section; and 

22 ‘‘(B) provide assistance with application 

23 preparation to applicants for such grants. 

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


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

2 may, in consultation with the chief executives of the 

3 States in which the recipients are located, award 

4 grants on a competitive basis directly to— 

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

6 protecting the health and safety of the public and 

7 firefighting personnel throughout the United 

8 States against fire, fire-related, and other haz9 ards; 

10 ‘‘(B) nonaffiliated EMS organizations to 

11 support the provision of emergency medical serv12 ices; and 

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

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

15 and (I) of paragraph (3). 

16 ‘‘(2) MAXIMUM GRANT AMOUNTS.— 

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

18 FEMA may not award a grant under this sub19 section in excess of amounts as follows: 

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

21 serves a jurisdiction with 100,000 people or 

22 fewer, the amount of the grant awarded to 

23 such recipient shall not exceed $1,000,000 

24 in any fiscal year. 


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

2 serves a jurisdiction with more than 

3 100,000 people but not more than 500,000 

4 people, the amount of the grant awarded to 

5 such recipient shall not exceed $2,000,000 

6 in any fiscal year. 

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

8 serves a jurisdiction with more than 

9 500,000 but not more than 1,000,000 peo10 ple, the amount of the grant awarded to 

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

12 in any fiscal year. 

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

14 serves a jurisdiction with more than 

15 1,000,000 people but not more than 

16 2,500,000 people, the amount of the grant 

17 awarded to such recipient shall not exceed 

18 $6,000,000 for any fiscal year. 

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

20 serves a jurisdiction with more than 

21 2,500,000 people, the amount of the grant 

22 awarded to such recipient shall not exceed 

23 $9,000,000 in any fiscal year. 

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

25 The Administrator of FEMA may not award a 


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1 grant under this subsection to a State fire train2 ing academy in an amount that exceeds 

3 $1,000,000 in any fiscal year. 

4 ‘‘(C) AGGREGATE.— 

5 ‘‘(i) IN GENERAL.—Notwithstanding 

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

7 provided under clause (ii), the Adminis8 trator of FEMA may not award a grant 

9 under this subsection in a fiscal year in an 

10 amount that exceeds the amount that is one 

11 percent of the available grant funds in such 

12 fiscal year. 

13 ‘‘(ii) EXCEPTION.—The Administrator 

14 of FEMA may waive the limitation in 

15 clause (i) with respect to a grant recipient 

16 if the Administrator of FEMA determines 

17 that such recipient has an extraordinary 

18 need for a grant in an amount that exceeds 

19 the limit under clause (i). 

20 ‘‘(3) USE OF GRANT FUNDS.—Each entity receiv21 ing a grant under this subsection shall use the grant 

22 for one or more of the following purposes: 

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

24 ‘‘(i) firefighting; 


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1 ‘‘(ii) emergency medical services and 

2 other emergency response (including re3 sponse to natural disasters, acts of ter4 rorism, and other man-made disasters); 

5 ‘‘(iii) arson prevention and detection; 

6 ‘‘(iv) maritime firefighting; or 

7 ‘‘(v) the handling of hazardous mate8 rials. 

9 ‘‘(B) To train firefighting personnel to pro10 vide any of the training described under sub11 paragraph (A). 

12 ‘‘(C) To fund the creation of rapid interven13 tion teams to protect firefighting personnel at the 

14 scenes of fires and other emergencies. 

15 ‘‘(D) To certify— 

16 ‘‘(i) fire inspectors; and 

17 ‘‘(ii) building inspectors— 

18 ‘‘(I) whose responsibilities include 

19 fire safety inspections; and 

20 ‘‘(II) who are employed by or 

21 serving as volunteers with a fire de22 partment. 

23 ‘‘(E) To establish wellness and fitness pro24 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 apparatus. 

8 ‘‘(H) To acquire additional firefighting 

9 equipment, including equipment for— 

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

11 areas without access to water; and 

12 ‘‘(ii) communications, monitoring, and 

13 response to a natural disaster, act of ter14 rorism, or other man-made disaster, includ15 ing the use of a weapon of mass destruction. 

16 ‘‘(I) To acquire personal protective equip17 ment, including personal protective equipment— 

18 ‘‘(i) prescribed for firefighting per19 sonnel by the Occupational Safety and 

20 Health Administration of the Department of 

21 Labor; or 

22 ‘‘(ii) for responding to a natural dis23 aster or act of terrorism or other man-made 

24 disaster, including the use of a weapon of 

25 mass destruction. 


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

2 facilities, and other facilities to protect the health 

3 and safety of firefighting personnel. 

4 ‘‘(K) To educate the public about arson pre5 vention and detection. 

6 ‘‘(L) To provide incentives for the recruit7 ment and retention of volunteer firefighting per8 sonnel for volunteer firefighting departments and 

9 other firefighting departments that utilize volun10 teers. 

11 ‘‘(M) To support such other activities, con12 sistent with the purposes of this subsection, as 

13 the Administrator of FEMA determines appro14 priate. 

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

16 ‘‘(1) IN GENERAL.—For the purpose of assisting 

17 fire prevention programs and supporting firefighter 

18 health and safety research and development, the Ad19 ministrator of FEMA may, on a competitive basis— 

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

21 ‘‘(B) award grants to, or enter into con22 tracts or cooperative agreements with, national, 

23 State, local, tribal, or nonprofit organizations 

24 that are not fire departments and that are recog25 nized for their experience and expertise with reVerDate Mar 15 2010 23:37 Jul 28, 2010 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\S3267.RS S3267

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1 spect to fire prevention or fire safety programs 

2 and activities and firefighter research and devel3 opment programs, for the purpose of carrying 

4 out— 

5 ‘‘(i) fire prevention programs; and 

6 ‘‘(ii) research to improve firefighter 

7 health and life safety; and 

8 ‘‘(C) award grants to, or enter into con9 tracts with, regionally accredited institutions of 

10 higher education and national fire service orga11 nizations or national fire safety organizations to 

12 support joint programs focused on reducing fire13 fighter fatalities and non-fatal injuries, includ14 ing programs for establishing fire safety research 

15 centers as the Administrator of FEMA deter16 mines appropriate. 

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

18 awarded under this subsection may not exceed 

19 $1,500,000 for a fiscal year. 

20 ‘‘(3) USE OF GRANT FUNDS.—Each entity receiv21 ing a grant under this subsection shall use the grant 

22 for one or more of the following purposes: 

23 ‘‘(A) To enforce fire codes and promote com24 pliance with fire safety standards. 

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


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1 ‘‘(C) To fund wildland fire prevention pro2 grams, including education, awareness, and 

3 mitigation programs that protect lives, property, 

4 and natural resources from fire in the wildland5 urban interface. 

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

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

8 operation of— 

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

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

11 ‘‘(E) To support such other activities, con12 sistent with the purposes of this subsection, as 

13 the Administrator of FEMA determines appro14 priate. 

15 ‘‘(e) APPLICATIONS FOR GRANTS.— 

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

17 under this section shall submit to the Administrator 

18 of FEMA an application therefor in such form and 

19 in such manner as the Administrator of FEMA deter20 mines appropriate. 

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

22 under paragraph (1) shall include the following: 

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

24 the applicant for the grant. 


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

2 with respect to public safety, of the use for which 

3 a grant is requested. 

4 ‘‘(C) An agreement to provide information 

5 to the national fire incident reporting system for 

6 the period covered by the grant. 

7 ‘‘(D) A list of other sources of funding re8 ceived by the applicant— 

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

10 application for a grant under this section 

11 was submitted; or 

12 ‘‘(ii) from the Federal Government for 

13 other fire-related purposes. 

14 ‘‘(E) Such other information as the Admin15 istrator of FEMA determines appropriate. 

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

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

18 may submit an application under paragraph (1) 

19 for a grant under this section to fund a joint 

20 program or initiative, including acquisition of 

21 shared equipment or vehicles. 

22 ‘‘(B) NONEXCLUSIVITY.—Applications 

23 under this paragraph may be submitted instead 

24 of or in addition to any other application sub25 mitted under paragraph (1). 


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

2 FEMA shall— 

3 ‘‘(i) publish guidance on applying for 

4 and administering grants awarded for joint 

5 programs and initiatives described in sub6 paragraph (A); and 

7 ‘‘(ii) encourage applicants to apply for 

8 grants for joint programs and initiatives 

9 described in subparagraph (A) as the Ad10 ministrator of FEMA determines appro11 priate to achieve greater cost effectiveness 

12 and regional efficiency. 

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

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

15 shall, after consultation with national fire service and 

16 emergency medical services organizations, appoint 

17 fire service personnel and personnel from non18 affiliated EMS organizations to conduct peer reviews 

19 of applications received under subsection (e)(1). 

20 ‘‘(2) ASSIGNMENT OF REVIEWS.—In admin21 istering the peer review process under paragraph (1), 

22 the Administrator of FEMA shall ensure that— 

23 ‘‘(A) applications submitted by career fire 

24 departments are reviewed primarily by personnel 

25 from career fire departments; 


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1 ‘‘(B) applications submitted by volunteer 

2 fire departments are reviewed primarily by per3 sonnel from volunteer fire departments; 

4 ‘‘(C) applications submitted by combination 

5 fire departments and fire departments using 

6 paid-on-call firefighting personnel are reviewed 

7 primarily by personnel from such fire depart8 ments; and 

9 ‘‘(D) applications for grants to fund emer10 gency medical services pursuant to subsection 

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

12 medical services personnel, including— 

13 ‘‘(i) emergency medical service per14 sonnel affiliated with fire departments; and 

15 ‘‘(ii) personnel from nonaffiliated EMS 

16 organizations. 

17 ‘‘(3) REVIEW OF APPLICATIONS FOR FIRE PRE18 VENTION AND SAFETY GRANTS SUBMITTED BY NON19 PROFIT ORGANIZATIONS THAT ARE NOT FIRE DEPART20 MENTS.—In conducting a review of an application 

21 submitted under subsection (e)(1) by a nonprofit or22 ganization described in subsection (d)(1)(B), a peer 

23 reviewer may not recommend the applicant for a 

24 grant under subsection (d) unless such applicant is 


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1 recognized for its experience and expertise with re2 spect to— 

3 ‘‘(A) fire prevention or safety programs and 

4 activities; or 

5 ‘‘(B) firefighter research and development 

6 programs. 

7 ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY COM8 MITTEE ACT.—The Federal Advisory Committee Act 

9 (5 U.S.C. App.) shall not apply to activities carried 

10 out pursuant to this subsection. 

11 ‘‘(g) PRIORITIZATION AND ALLOCATION OF GRANT

12 AWARDS.—In awarding grants under this section, the Ad13 ministrator of FEMA shall— 

14 ‘‘(1) consider the findings and recommendations 

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

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

17 reduce deaths, injuries, and property damage by re18 ducing the risks associated with fire-related and other 

19 hazards; 

20 ‘‘(3) consider the extent of the need of an appli21 cant for a grant under this section and the need to 

22 protect the United States as a whole; 

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

24 requiring a fire fighting or emergency medical re25 sponse received by an applicant; and 


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

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

3 to career fire departments; 

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

5 to volunteer fire departments; and 

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

7 to combination fire departments and fire depart8 ments using paid-on-call firefighting personnel. 

9 ‘‘(h) ADDITIONAL REQUIREMENTS AND LIMITA10 TIONS.— 

11 ‘‘(1) FUNDING FOR EMERGENCY MEDICAL SERV12 ICES.—Not less than 3.5 percent of the available 

13 grant funds for a fiscal year shall be awarded under 

14 this section for purposes described in subsection 

15 (c)(3)(F). 

16 ‘‘(2) GRANT AWARDS TO NONAFFILIATED EMS

17 ORGANIZATIONS.—Not more than 2 percent of the 

18 available grant funds for a fiscal year shall be award19 ed under this section to nonaffiliated EMS organiza20 tions. 

21 ‘‘(3) FUNDING FOR FIRE PREVENTION AND SAFE22 TY GRANTS.—For each fiscal year, not less than 10 

23 percent of the aggregate of grant amounts under this 

24 section in that fiscal year shall be awarded under 

25 subsection (d). 


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

2 more than 3 percent of the available grant funds for 

3 a fiscal year shall be awarded under subsection 

4 (c)(1)(C). 

5 ‘‘(5) AMOUNTS FOR PURCHASING FIREFIGHTING

6 VEHICLES.—Not more than 25 percent of the avail7 able grant funds for a fiscal year may be used to as8 sist grant recipients to purchase vehicles pursuant to 

9 subsection (c)(3)(G). 

10 ‘‘(i) FURTHER CONSIDERATIONS.— 

11 ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO

12 FIRE DEPARTMENTS.—In considering applications for 

13 grants under subsection (c)(1)(A), the Administrator 

14 of FEMA shall consider the extent to which the grant 

15 would enhance the daily operations of the applicant 

16 and the impact of such a grant on the protection of 

17 lives and property. 

18 ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS

19 ORGANIZATIONS.—In the case of an application sub20 mitted under subsection (e)(1) by a nonaffiliated 

21 EMS organization, the Administrator of FEMA shall 

22 consider the extent to which other sources of Federal 

23 funding are available to the applicant to provide the 

24 assistance requested in such application. 


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1 ‘‘(3) AWARDING FIRE PREVENTION AND SAFETY

2 GRANTS TO CERTAIN ORGANIZATIONS THAT ARE NOT

3 FIRE DEPARTMENTS.—In the case of applicants for 

4 grants under this section who are described in sub5 section (d)(1)(B), the Administrator of FEMA shall 

6 give priority to applicants who focus on— 

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

8 groups from fire; and 

9 ‘‘(B) research programs that demonstrate a 

10 potential to improve firefighter safety. 

11 ‘‘(4) AVOIDING DUPLICATION.—The Adminis12 trator of FEMA shall review lists submitted by appli13 cants pursuant to subsection (e)(2)(D) and take such 

14 actions as the Administrator of FEMA considers nec15 essary to prevent unnecessary duplication of grant 

16 awards. 

17 ‘‘(j) MATCHING AND MAINTENANCE OF EXPENDITURE

18 REQUIREMENTS.— 

19 ‘‘(1) MATCHING REQUIREMENT FOR ASSISTANCE

20 TO FIREFIGHTERS GRANTS.— 

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

22 subparagraph (B), an applicant seeking a grant 

23 to carry out an activity under subsection (c) 

24 shall agree to make available non-Federal funds 

25 to carry out such activity in an amount equal 


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1 to not less than 15 percent of the grant awarded 

2 to such applicant under such subsection. 

3 ‘‘(B) EXCEPTION FOR ENTITIES SERVING

4 SMALL COMMUNITIES.—In the case that an ap5 plicant seeking a grant to carry out an activity 

6 under subsection (c) serves a jurisdiction of— 

7 ‘‘(i) more than 20,000 residents but not 

8 more than 50,000 residents, the applicant 

9 shall agree to make available non-Federal 

10 funds in an amount equal to not less than 

11 10 percent of the grant award to such ap12 plicant under such subsection; or 

13 ‘‘(ii) 20,000 residents or fewer, the ap14 plicant shall agree to make available non15 Federal funds in an amount equal to not 

16 less than 5 percent of the grant awarded to 

17 such applicant under such subsection. 

18 ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE19 VENTION AND SAFETY GRANTS.— 

20 ‘‘(A) IN GENERAL.—An applicant seeking a 

21 grant to carry out an activity under subsection 

22 (d) shall agree to make available non-Federal 

23 funds to carry out such activity in an amount 

24 equal to not less than 5 percent of the grant 


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1 awarded to such applicant under such sub2 section. 

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

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

5 matching requirement under subparagraph (A) 

6 through direct funding, funding of complemen7 tary activities, or the provision of staff, facilities, 

8 services, material, or equipment. 

9 ‘‘(3) MAINTENANCE OF EXPENDITURES.—An ap10 plicant seeking a grant under subsection (c) or (d) 

11 shall agree to maintain during the term of the grant 

12 the applicant’s aggregate expenditures relating to the 

13 uses described in subsections (c)(3) and (d)(3) at not 

14 less than 80 percent of the average amount of such ex15 penditures in the 2 fiscal years preceding the fiscal 

16 year in which the grant amounts are received. 

17 ‘‘(4) WAIVER.— 

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

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

20 FEMA may waive or reduce the requirements of 

21 paragraphs (1), (2), and (3) in cases of dem22 onstrated economic hardship. 

23 ‘‘(B) GUIDELINES.— 

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

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1 lines for determining what constitutes eco2 nomic hardship for purposes of this para3 graph. 

4 ‘‘(ii) CONSIDERATIONS.—In developing 

5 guidelines under clause (i), the Adminis6 trator of FEMA shall consider, with respect 

7 to relevant communities, the following: 

8 ‘‘(I) Changes in rates of unem9 ployment from previous years. 

10 ‘‘(II) Whether the rates of unem11 ployment of the relevant communities 

12 are currently and have consistently ex13 ceeded the annual national average 

14 rates of unemployment. 

15 ‘‘(III) Changes in percentages of 

16 individuals eligible to receive food 

17 stamps from previous years. 

18 ‘‘(IV) Such other factors as the 

19 Administrator of FEMA considers ap20 propriate. 

21 ‘‘(C) CERTAIN APPLICANTS FOR FIRE PRE22 VENTION AND SAFETY GRANTS.—The authority 

23 under subparagraph (A) shall not apply with re24 spect to a nonprofit organization that— 


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1 ‘‘(i) is described in subsection 

2 (d)(1)(B); and 

3 ‘‘(ii) is not a fire department or emer4 gency medical services organization. 

5 ‘‘(k) GRANT GUIDELINES.— 

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

7 awarding any grants under this section, the Adminis8 trator of FEMA shall publish in the Federal Reg9 ister— 

10 ‘‘(A) guidelines that describe— 

11 ‘‘(i) the process for applying for grants 

12 under this section; and 

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

14 selecting grant recipients; and 

15 ‘‘(B) an explanation of any differences be16 tween such guidelines and the recommendations 

17 obtained under paragraph (2). 

18 ‘‘(2) ANNUAL MEETING TO OBTAIN RECOMMENDA19 TIONS.— 

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

21 the Administrator of FEMA shall convene a 

22 meeting of qualified members of national fire 

23 service organizations and qualified members of 

24 emergency medical service organizations to ob25 tain recommendations regarding the following: 


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1 ‘‘(i) Criteria for the awarding of 

2 grants under this section. 

3 ‘‘(ii) Administrative changes to the as4 sistance program established under sub5 section (b). 

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

7 of this paragraph, a qualified member of an or8 ganization is a member who— 

9 ‘‘(i) is recognized for expertise in fire10 fighting or emergency medical services; 

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

12 Government; and 

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

14 emergency medical service organization, is 

15 a member of an organization that rep16 resents— 

17 ‘‘(I) providers of emergency med18 ical services that are affiliated with 

19 fire departments; or 

20 ‘‘(II) nonaffiliated EMS pro21 viders. 

22 ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY COM23 MITTEE ACT.—The Federal Advisory Committee Act 

24 (5 U.S.C. App.) shall not apply to activities carried 

25 out pursuant to this subsection. 


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1 ‘‘(l) ACCOUNTING DETERMINATION.—Notwithstanding 

2 any other provision of law, for purposes of this section, 

3 equipment costs shall include all costs attributable to any 

4 design, purchase of components, assembly, manufacture, 

5 and transportation of equipment not otherwise commer6 cially available. 

7 ‘‘(m) ELIGIBLE GRANTEE ON BEHALF OF ALASKA NA8 TIVE VILLAGES.—The Alaska Village Initiatives, a non9 profit organization incorporated in the State of Alaska, 

10 shall be eligible to apply for and receive a grant or other 

11 assistance under this section on behalf of Alaska Native vil12 lages. 

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

14 grant under this section is applying for such grant to pur15 chase training that does not meet or exceed any applicable 

16 national voluntary consensus standards developed under 

17 section 647 of the Post-Katrina Emergency Management 

18 Reform Act of 2006 (6 U.S.C. 747), the applicant shall sub19 mit to the Administrator of FEMA an explanation of the 

20 reasons that the training proposed to be purchased will 

21 serve the needs of the applicant better than training that 

22 meets or exceeds such standards. 

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


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

2 may audit a recipient of a grant awarded under this 

3 section to ensure that— 

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

5 the intended purposes; and 

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

7 requirements of subsection (j). 

8 ‘‘(2) PERFORMANCE ASSESSMENT.— 

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

10 FEMA shall develop and implement a perform11 ance assessment system, including quantifiable 

12 performance metrics, to evaluate the extent to 

13 which grants awarded under this section are fur14 thering the purposes of this section, including 

15 protecting the health and safety of the public and 

16 firefighting personnel against fire and fire-re17 lated hazards. 

18 ‘‘(B) CONSULTATION.—The Administrator 

19 of FEMA shall consult with fire service rep20 resentatives and with the Comptroller General of 

21 the United States in developing the assessment 

22 system required by subparagraph (A). 

23 ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF

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

25 section shall submit to the Administrator of FEMA 


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1 an annual report describing how the recipient used 

2 the grant amounts. 

3 ‘‘(4) ANNUAL REPORTS TO CONGRESS.— 

4 ‘‘(A) IN GENERAL.—Not later than Sep5 tember 30, 2011, and each year thereafter 

6 through 2015, the Administrator of FEMA shall 

7 submit to the Committee on Homeland Security 

8 and Governmental Affairs of the Senate and the 

9 Committee on Science and Technology of the 

10 House of Representatives a report that pro11 vides— 

12 ‘‘(i) information on the performance 

13 assessment system developed under para14 graph (2); and 

15 ‘‘(ii) using the performance metrics de16 veloped under such paragraph, an evalua17 tion of the effectiveness of the grants award18 ed under this section. 

19 ‘‘(B) ADDITIONAL INFORMATION.—The re20 port due under subparagraph (A) on September 

21 30, 2014, shall also include recommendations for 

22 legislative changes to improve grants under this 

23 section, including recommendations as to wheth24 er the provisions described in section 5(a) of the 

25 Fire Grants Reauthorization Act of 2010 should 


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1 be extended to apply on and after the date de2 scribed in such section. 

3 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— 

4 ‘‘(1) IN GENERAL.—There is authorized to be ap5 propriated to carry out this section— 

6 ‘‘(A) $950,000,000 for fiscal year 2011; and 

7 ‘‘(B) for each of fiscal years 2012 through 

8 2015, an amount equal to the amount authorized 

9 for the previous fiscal year increased by the per10 centage by which— 

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

12 items, United States city average) for the 

13 previous fiscal year, exceeds 

14 ‘‘(ii) the Consumer Price Index for the 

15 fiscal year preceding the fiscal year de16 scribed in clause (i). 

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

18 amounts appropriated pursuant to paragraph (1) for 

19 a fiscal year, the Administrator of FEMA may use 

20 not more than 5 percent of such amounts for salaries 

21 and expenses and other administrative costs incurred 

22 by the Administrator of FEMA in the course of 

23 awarding grants and providing assistance under this 

24 section. 


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1 ‘‘(3) CONGRESSIONALLY DIRECTED SPENDING.— 

2 Consistent with the requirements in subsections (c)(1) 

3 and (d)(1) that grants under those subsections be 

4 awarded on a competitive basis, none of the funds ap5 propriated pursuant to this subsection may be used 

6 for any congressionally directed spending item (as 

7 such term is defined in paragraph 5(a) of rule XLIV 

8 of the Standing Rules of the Senate).’’. 

9 SEC. 4. STAFFING FOR ADEQUATE FIRE AND EMERGENCY 

10 RESPONSE. 

11 (a) IMPROVEMENTS TO HIRING GRANTS.— 

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

13 section 34 of the Federal Fire Prevention and Control 

14 Act of 1974 (15 U.S.C. 2229a) is amended by striking 

15 ‘‘4 years’’ and inserting ‘‘3 years’’. 

16 (2) LIMITATION ON PORTION OF COSTS OF HIR17 ING FIREFIGHTERS.—Subsection (a)(1)(E) of such 

18 section 34 is amended by striking ‘‘not exceed—’’ and 

19 all that follows through the period and inserting ‘‘not 

20 exceed 75 percent in any fiscal year.’’. 

21 (b) CLARIFICATION REGARDING ELIGIBLE ENTITIES

22 FOR RECRUITMENT AND RETENTION GRANTS.—The second 

23 sentence of subsection (a)(2) of such section 34 is amended 

24 by striking ‘‘organizations on a local or statewide basis’’ 


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1 and inserting ‘‘national, State, local, or tribal organiza2 tions’’. 

3 (c) MAXIMUM AMOUNT FOR HIRING FIREFIGHTER.— 

4 Paragraph (4) of subsection (c) of such section 34 is amend5 ed to read as follows: 

6 ‘‘(4) The amount of funding provided under this sec7 tion to a recipient fire department for hiring a firefighter 

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

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

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

11 (d) WAIVERS.—Such section 34 is further amended— 

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

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

14 (2) by inserting after subsection (c) the fol15 lowing: 

16 ‘‘(d) WAIVERS.— 

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

18 economic hardship, the Administrator of FEMA 

19 may— 

20 ‘‘(A) waive the requirements of subsection 

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

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

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

24 ‘‘(2) GUIDELINES.— 


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

2 FEMA shall establish and publish guidelines for 

3 determining what constitutes economic hardship 

4 for purposes of paragraph (1). 

5 ‘‘(B) CONSIDERATIONS.—In developing 

6 guidelines under subparagraph (A), the Admin7 istrator of FEMA shall consider, with respect to 

8 relevant communities, the following: 

9 ‘‘(i) Changes in rates of unemployment 

10 from previous years. 

11 ‘‘(ii) Whether the rates of unemploy12 ment of the relevant communities are cur13 rently and have consistently exceeded the 

14 annual national average rates of unemploy15 ment. 

16 ‘‘(iii) Changes in percentages of indi17 viduals eligible to receive food stamps from 

18 previous years. 

19 ‘‘(iv) Such other factors as the Admin20 istrator of FEMA considers appropriate.’’. 

21 (e) IMPROVEMENTS TO PERFORMANCE EVALUATION

22 REQUIREMENTS.—Subsection (e) of such section 34, as re23 designated by subsection (d)(1) of this section, is amended 

24 by inserting before the first sentence the following: 


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

2 shall establish a performance assessment system, in3 cluding quantifiable performance metrics, to evaluate 

4 the extent to which grants awarded under this section 

5 are furthering the purposes of this section. 

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

7 (f) REPORT.— 

8 (1) IN GENERAL.—Subsection (f) of such section 

9 34, as redesignated by subsection (d)(1) of this sec10 tion, is amended by striking ‘‘The authority’’ and all 

11 that follows through ‘‘Congress concerning’’ and in12 serting the following: ‘‘Not later than September 30, 

13 2014, the Administrator of FEMA shall submit to the 

14 Committee on Homeland Security and Governmental 

15 Affairs of the Senate and the Committee on Science 

16 and Technology of the House of Representatives a re17 port on’’. 

18 (2) CONFORMING AMENDMENT.—The heading for 

19 such subsection (f) is amended by striking ‘‘SUNSET

20 AND REPORTS’’ and inserting ‘‘REPORT’’. 

21 (g) ADDITIONAL DEFINITIONS.— 

22 (1) IN GENERAL.—Subsection (i) of such section 

23 34, as redesignated by subsection (d)(1) of this sec24 tion, is amended— 


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

2 striking ‘‘In this section, the term—’’ and insert3 ing ‘‘In this section:’’; 

4 (B) in paragraph (1)— 

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

6 ‘‘ ‘firefighter’ has’’; and 

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

8 a period; 

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

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

11 ‘‘(2) The terms ‘career fire department’, ‘com12 bination fire department’, and ‘volunteer fire depart13 ment’ have the meaning given such terms in section 

14 33(a).’’. 

15 (2) CONFORMING AMENDMENT.—Subsection 

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

17 ‘‘career, volunteer, and combination fire departments’’ 

18 and inserting ‘‘career fire departments, combination 

19 fire departments, and volunteer fire departments’’. 

20 (h) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—Subsection (j) of such section 

22 34, as redesignated by subsection (d)(1) of this sec23 tion, is amended— 

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

25 the end; 


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1 (B) in paragraph (7), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(8) $950,000,000 for fiscal year 2011; and 

5 ‘‘(9) for each of fiscal years 2012 through 2015, 

6 an amount equal to the amount authorized for the 

7 previous fiscal year increased by the percentage by 

8 which— 

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

10 United States city average) for the previous fis11 cal year, exceeds 

12 ‘‘(B) the Consumer Price Index for the fiscal 

13 year preceding the fiscal year described in sub14 paragraph (A).’’. 

15 (2) ADMINISTRATIVE EXPENSES.—Such sub16 section (j) is further amended— 

17 (A) in paragraph (9), as added by para18 graph (1) of this subsection, by redesignating 

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

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

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

22 right; 

23 (B) by redesignating paragraphs (1) 

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

25 respectively, and moving the left margin of such 


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1 subparagraphs, as so redesignated, 2 ems to the 

2 right; 

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

4 the following: 

5 ‘‘(1) IN GENERAL.—There are’’; and 

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

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

8 amounts appropriated pursuant to paragraph (1) for 

9 a fiscal year, the Administrator of FEMA may use 

10 not more than 5 percent of such amounts to cover sal11 aries and expenses and other administrative costs in12 curred by the Administrator of FEMA to make grants 

13 and provide assistance under this section.’’. 

14 (3) CONGRESSIONALLY DIRECTED SPENDING.— 

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

16 the end the following: 

17 ‘‘(3) CONGRESSIONALLY DIRECTED SPENDING.— 

18 Consistent with the requirement in subsection (a) that 

19 grants under this section be awarded on a competitive 

20 basis, none of the funds appropriated pursuant to this 

21 subsection may be used for any congressionally direct 

22 spending item (as defined in paragraph 5(a) of Rule 

23 XLIV of the Standing Rules of the Senate).’’. 

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

25 amended— 


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

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

3 ‘‘Administrator of FEMA shall, in consultation with 

4 the Administrator,’’; and 

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

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

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

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

9 (15 U.S.C. 2229a) is amended by striking ‘‘EXPANSION

10 OF PRE-SEPTEMBER 11, 2001, FIRE GRANT PRO11 GRAM’’ and inserting the following: ‘‘STAFFING FOR

12 ADEQUATE FIRE AND EMERGENCY RESPONSE’’. 

13 SEC. 5. SUNSET AND PRIOR PROVISIONS. 

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

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

16 by such section and subsections shall not apply on or after 

17 October 1, 2015. 

18 (b) APPLICATION OF PRIOR LAW.—On and after Octo19 ber 1, 2015, sections 33 and 34 of the Federal Fire Preven20 tion and Control Act of 1974 (15 U.S.C. 2229 and 2229a) 

21 are amended to read as such sections read on the day before 

22 the date of the enactment of this Act, except that the amend23 ments made by subsections (b), (i), and (j) of section 4 shall 

24 continue to apply to such section 34. 


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1 SEC. 6. REPORT. 

2 Not later than September 30, 2014, the Comptroller 

3 General of the United States shall submit to the Committee 

4 on Homeland Security and Governmental Affairs of the 

5 Senate and the Committee on Science and Technology of 

6 the House of Representatives a report on the effect of the 

7 amendments made by this Act. Such report shall include 

8 the following: 

9 (1) An assessment of the effect of the amendments 

10 made by sections 3 and 4 on the effectiveness, relative 

11 allocation, accountability, and administration of the 

12 grants awarded under sections 33 and 34 of the Fed13 eral Fire Prevention and Control Act of 1974 (15 

14 U.S.C. 2229 and 2229a) after the date of the enact15 ment of this Act . 

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

17 amendments made by sections 3 and 4 have enabled 

18 recipients of grants awarded under such sections 33 

19 and 34 after the date of the enactment of this Act to 

20 mitigate fire and fire-related and other hazards more 

21 effectively. 


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Calendar No. 488 

111TH CONGRESS 

2D SESSION S. 3267 

[Report No. 111–235] 

A BILL 

To improve the provision of assistance to fire 

departments, and for other purposes. 

JULY 28, 2010 

Reported with an amendment 


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