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rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of such title. 
SEC. 1706. TERMINATION OF THE COMMISSION. 
The Commission shall terminate 90 days after the date 
on which the Commission submits its report under section 
1703. 
SEC. 1707. FUNDING. 
Amounts authorized to be appropriated for fiscal year 
2013 and available for operation and maintenance for the 
Air Force as specified in the funding table in section 4301 
may be available for the activities of the Commission under 
this title. 
SEC. 1708. LIMITATION ON AVAILABILITY OF FUNDS FOR 
REDUCTIONS TO THE AIR NATIONAL GUARD 
AND THE AIR FORCE RESERVE. 
(a) IN GENERAL.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2013 for the Air Force may be used to divest, 
retire, or transfer, or prepare to divest, retire, or transfer, 
any aircraft of the Air Force assigned to units of the Air 
National Guard or Air Force Reserve as of May 31, 2012. 
(b) EXCEPTION.—The Secretary of the Air Force may 
divest or retire, or prepare to divest or retire, C–5A aircraft 
if the Secretary replaces such aircraft through a transfer 
of C–5B, C–5M, or C–17 mobility aircraft so as to main-
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tain all Air National Guard and Air Force Reserve units 
impacted by such divestment or retirement at current or 
higher assigned manpower levels to operate the aircraft so 
transferred. 
SEC. 1709. FUNDING FOR MAINTENANCE OF FORCE STRUC-
TURE OF THE AIR FORCE PENDING COMMIS-
SION RECOMMENDATIONS. 
There is hereby authorized to be appropriated to the 
Department of Defense for fiscal year 2013, $1,400,000,000 
for the force structure of the Air Force. The amount author-
ized to be appropriated by this section is in addition to 
any other amounts authorized to be appropriated by this 
Act. 
SEC. 1710. RETENTION OF CORE FUNCTIONS OF THE ELEC-
TRONIC SYSTEMS CENTER AT HANSCOM AIR 
FORCE BASE PENDING FUTURE STRUCTURE 
STUDY. 
The Secretary of the Air Force shall retain the current 
leadership rank and core functions of the Electronic Sys-
tems Center at Hanscom Air Force Base with the same inte-
grated mission elements, responsibilities, and capabilities 
as existed as of November 1, 2011, until 180 days after the 
National Commission on the Structure of the Air Force sub-
mits to the congressional defense committees the report re-
quired under section 1703. 
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SEC. 1711. AIR FORCE ASSESSMENTS OF THE EFFECTS OF 
PROPOSED MOVEMENTS OF AIRFRAMES ON 
JOINT READINESS TRAINING. 
The Secretary of the Air Force shall— 
(1) undertake an assessment of the effects of cur-
rently-proposed movements of Air Force airframes on 
Green Flag East and Green Flag West joint readiness 
training; and 
(2) if the Secretary determines it appropriate, 
submit to the congressional defense committees a re-
port setting forth a proposal to make future replace-
ments of capabilities for purposes of augmenting 
training at the joint readiness training center 
(JRTC) or for such other purposes as the Secretary 
considers appropriate. 
TITLE XVIII—FEDERAL ASSIST-
ANCE TO FIRE DEPARTMENTS 
Subtitle A—Fire Grants 
Reauthorization 
SEC. 1801. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fire Grants Reau-
thorization Act of 2012’’. 
SEC. 1802. AMENDMENTS TO DEFINITIONS. 
(a) IN GENERAL.—Section 4 of the Federal Fire Pre-
vention and Control Act of 1974 (15 U.S.C. 2203) is 
amended— 
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(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 Ad-
ministrator of the Federal Emergency Management 
Agency;’’; 
(3) in paragraph (5)— 
(A) by inserting ‘‘Indian tribe,’’ after 
‘‘county,’’; and 
(B) by striking ‘‘and ‘firecontrol’ ’’ and in-
serting ‘‘and ‘fire control’ ’’; 
(4) by redesignating paragraphs (6) through (9) 
as paragraphs (7) through (10), respectively; 
(5) by inserting after paragraph (5), the fol-
lowing: 
‘‘(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 redesig-
nated by paragraph (4), the following: 
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‘‘(9) ‘Secretary’ means, except as otherwise pro-
vided, the Secretary of Homeland Security;’’; and 
(8) by amending paragraph (10), as redesig-
nated 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) ADMINISTRATOR
OF
FEMA.—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) ADMINISTRATOR OF FEMA’S AWARD.—Section 
15 of such Act (15 U.S.C. 2214) is amended by strik-
ing ‘‘Director’s Award’’ each place it appears and in-
serting ‘‘Administrator’s Award’’. 
SEC. 1803. ASSISTANCE TO FIREFIGHTERS 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) ADMINISTRATOR OF FEMA.—The term ‘Ad-
ministrator of FEMA’ means the Administrator of 
FEMA, acting through the Administrator. 
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‘‘(2) AVAILABLE
GRANT
FUNDS.—The term 
‘available grant funds’, with respect to a fiscal year, 
means those funds appropriated pursuant to the au-
thorization of appropriations in subsection (q)(1) for 
such fiscal year less any funds used for administra-
tive costs pursuant to subsection (q)(2) in such fiscal 
year. 
‘‘(3) CAREER FIRE DEPARTMENT.—The term ‘ca-
reer fire department’ means a fire department that 
has an all-paid force of firefighting personnel other 
than paid-on-call firefighters. 
‘‘(4) COMBINATION
FIRE
DEPARTMENT.—The 
term ‘combination fire department’ means a fire de-
partment that has— 
‘‘(A) paid firefighting personnel; and 
‘‘(B) volunteer firefighting personnel. 
‘‘(5) 
FIREFIGHTING
PERSONNEL.—The 
term 
‘firefighting personnel’ means individuals, including 
volunteers, who are firefighters, officers of fire depart-
ments, or emergency medical service personnel of fire 
departments. 
‘‘(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘institution of higher education’ has the meaning 
given such term in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001). 
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‘‘(7) NONAFFILIATED EMS ORGANIZATION.—The 
term ‘nonaffiliated EMS organization’ means a pub-
lic or private nonprofit emergency medical services 
organization that is not affiliated with a hospital and 
does not serve a geographic area in which the Admin-
istrator of FEMA finds that emergency medical serv-
ices are adequately provided by a fire department. 
‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ 
with respect to firefighting personnel means fire-
fighting personnel who are paid a stipend for each 
event to which they respond. 
‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The term 
‘volunteer fire department’ means a fire department 
that has an all-volunteer force of firefighting per-
sonnel. 
‘‘(b) ASSISTANCE PROGRAM.— 
‘‘(1) AUTHORITY.—In accordance with this sec-
tion, the Administrator of FEMA may 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 Ad-
ministrator of FEMA shall— 
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‘‘(A) establish specific criteria for the selec-
tion 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 haz-
ards; 
‘‘(B) nonaffiliated EMS organizations to 
support the provision of emergency medical serv-
ices; 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 sub-
section in excess of amounts as follows: 
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‘‘(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 peo-
ple, 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 
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2,500,000 people, the amount of the grant 
awarded to such recipient shall not exceed 
$9,000,000 in any fiscal year. 
‘‘(B) AGGREGATE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraphs (A) and (B) and except as 
provided under clause (ii), the Adminis-
trator 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 receiv-
ing a grant under this subsection shall use the grant 
for one or more of the following purposes: 
‘‘(A) To train firefighting personnel in— 
‘‘(i) firefighting; 
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‘‘(ii) emergency medical services and 
other emergency response (including re-
sponse to natural disasters, acts of ter-
rorism, and other man-made disasters); 
‘‘(iii) arson prevention and detection; 
‘‘(iv) maritime firefighting; or 
‘‘(v) the handling of hazardous mate-
rials. 
‘‘(B) To train firefighting personnel to pro-
vide any of the training described under sub-
paragraph (A). 
‘‘(C) To fund the creation of rapid interven-
tion 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 de-
partment. 
‘‘(E) To establish wellness and fitness pro-
grams for firefighting personnel to ensure that 
the firefighting personnel are able to carry out 
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their duties as firefighters, including programs 
dedicated to raising awareness of, and preven-
tion of, job-related mental health issues. 
‘‘(F) To fund emergency medical services 
provided by fire departments and nonaffiliated 
EMS organizations. 
‘‘(G) To acquire additional firefighting ve-
hicles, 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 ter-
rorism, or other man-made disaster, includ-
ing the use of a weapon of mass destruction. 
‘‘(I) To acquire personal protective equip-
ment, including personal protective equipment— 
‘‘(i) prescribed for firefighting per-
sonnel by the Occupational Safety and 
Health Administration of the Department of 
Labor; or 
‘‘(ii) for responding to a natural dis-
aster or act of terrorism or other man-made 
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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 pre-
vention and detection. 
‘‘(L) To provide incentives for the recruit-
ment and retention of volunteer firefighting per-
sonnel for volunteer firefighting departments and 
other firefighting departments that utilize volun-
teers. 
‘‘(M) To support such other activities, con-
sistent with the purposes of this subsection, as 
the Administrator of FEMA determines appro-
priate. 
‘‘(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 Ad-
ministrator of FEMA may, on a competitive basis— 
‘‘(A) award grants to fire departments; 
‘‘(B) award grants to, or enter into con-
tracts or cooperative agreements with, national, 
State, local, tribal, or nonprofit organizations 
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that are not fire departments and that are recog-
nized for their experience and expertise with re-
spect to fire prevention or fire safety programs 
and activities and firefighter research and devel-
opment 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 institutions of higher 
education, national fire service organizations, or 
national fire safety organizations to establish 
and operate fire safety research centers. 
‘‘(2) 
MAXIMUM
GRANT
AMOUNT.—A 
grant 
awarded under this subsection may not exceed 
$1,500,000 for a fiscal year. 
‘‘(3) USE OF GRANT FUNDS.—Each entity receiv-
ing a grant under this subsection shall use the grant 
for one or more of the following purposes: 
‘‘(A) To enforce fire codes and promote com-
pliance with fire safety standards. 
‘‘(B) To fund fire prevention programs, in-
cluding programs that educate the public about 
arson prevention and detection. 
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‘‘(C) To fund wildland fire prevention pro-
grams, 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 a fire safety research center for the 
purpose of significantly reducing the number of 
fire-related deaths and injuries among fire-
fighters and the general public through research, 
development, and technology transfer activities. 
‘‘(E) To support such other activities, con-
sistent with the purposes of this subsection, as 
the Administrator of FEMA determines appro-
priate. 
‘‘(4) LIMITATION.—None of the funds made 
available under this subsection may be provided to 
the Association of Community Organizations for Re-
form Now (ACORN) or any of its affiliates, subsidi-
aries, or allied organizations. 
‘‘(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 
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in such manner as the Administrator of FEMA deter-
mines 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 re-
ceived by the applicant— 
‘‘(i) for the same purpose for which the 
application for a grant under this section 
was submitted; or 
‘‘(ii) from the Federal Government for 
other fire-related purposes. 
‘‘(E) Such other information as the Admin-
istrator 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 
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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 sub-
mitted 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 sub-
paragraph (A); and 
‘‘(ii) encourage applicants to apply for 
grants for joint programs and initiatives 
described in subparagraph (A) as the Ad-
ministrator of FEMA determines appro-
priate to achieve greater cost effectiveness 
and regional efficiency. 
‘‘(f) PEER REVIEW OF GRANT APPLICATIONS.— 
‘‘(1) IN GENERAL.—The Administrator of FEMA 
shall, after consultation with national fire service and 
emergency medical services organizations, appoint 
fire service personnel to conduct peer reviews of appli-
cations received under subsection (e)(1). 
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‘‘(2) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to activities carried 
out pursuant to this subsection. 
‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In award-
ing grants under this section, the Administrator of FEMA 
shall consider the following: 
‘‘(1) The findings and recommendations of the 
peer reviews carried out under subsection (f). 
‘‘(2) The degree to which an award will reduce 
deaths, injuries, and property damage by reducing 
the risks associated with fire-related and other haz-
ards. 
‘‘(3) 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) The number of calls requesting or requiring 
a fire fighting or emergency medical response received 
by an applicant. 
‘‘(h) ALLOCATION OF GRANT AWARDS.—In awarding 
grants under this section, the Administrator of FEMA shall 
ensure that of the available grant funds in each fiscal 
year— 
‘‘(1) not less than 25 percent are awarded under 
subsection (c) to career fire departments; 
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‘‘(2) not less than 25 percent are awarded under 
subsection (c) to volunteer fire departments; 
‘‘(3) not less than 25 percent are awarded under 
subsection (c) to combination fire departments and 
fire departments using paid-on-call firefighting per-
sonnel; 
‘‘(4) not less than 10 percent are available for 
open competition among career fire departments, vol-
unteer fire departments, combination fire depart-
ments, and fire departments using paid-on-call fire-
fighting personnel for grants awarded under sub-
section (c); 
‘‘(5) not less than 10 percent are awarded under 
subsection (d); and 
‘‘(6) not more than 2 percent are awarded under 
this section to nonaffiliated EMS organizations de-
scribed in subsection (c)(1)(B). 
‘‘(i) 
ADDITIONAL
REQUIREMENTS
AND
LIMITA-
TIONS.— 
‘‘(1) FUNDING FOR EMERGENCY MEDICAL SERV-
ICES.—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) STATE FIRE TRAINING ACADEMIES.— 
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‘‘(A) MAXIMUM SHARE.—Not more than 3 
percent of the available grant funds for a fiscal 
year may be awarded under subsection (c)(1)(C). 
‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad-
ministrator of FEMA may not award a grant 
under subsection (c)(1)(C) to a State fire train-
ing academy in an amount that exceeds 
$1,000,000 in any fiscal year. 
‘‘(3) AMOUNTS FOR PURCHASING FIREFIGHTING 
VEHICLES.—Not more than 25 percent of the avail-
able grant funds for a fiscal year may be used to as-
sist grant recipients to purchase vehicles pursuant to 
subsection (c)(3)(G). 
‘‘(j) 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— 
‘‘(A) 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; and 
‘‘(B) a broad range of factors important to 
the applicant’s ability to respond to fires and re-
lated hazards, such as the following: 
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‘‘(i) Population served. 
‘‘(ii) Geographic response area. 
‘‘(iii) Hazards vulnerability. 
‘‘(iv) Call volume. 
‘‘(v) Financial situation, including un-
employment rate of the area being served. 
‘‘(vi) Need for training or equipment. 
‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS 
ORGANIZATIONS.—In the case of an application sub-
mitted 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 sub-
section (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. 
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‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE-
SEARCH CENTERS.— 
‘‘(A) 
CONSIDERATIONS.—In 
awarding 
grants under subsection (d)(1)(C), the Adminis-
trator of FEMA shall— 
‘‘(i) select each grant recipient on— 
‘‘(I) the demonstrated research 
and extension resources available to the 
recipient to carry out the research, de-
velopment, and technology transfer ac-
tivities; 
‘‘(II) the capability of the recipi-
ent to provide leadership in making 
national contributions to fire safety; 
‘‘(III) the recipient’s ability to 
disseminate the results of fire safety re-
search; and 
‘‘(IV) the strategic plan the recipi-
ent proposes to carry out under the 
grant; 
‘‘(ii) give special consideration in se-
lecting recipients under subparagraph (A) 
to an applicant for a grant that consists of 
a partnership between— 
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‘‘(C) LIMITATIONS
ON
GRANTS
FOR
FIRE 
SAFETY RESEARCH CENTERS.— 
‘‘(i) IN GENERAL.—The Administrator 
of FEMA may award grants under sub-
section (d) to establish not more than 3 fire 
safety research centers. 
‘‘(ii) RECIPIENTS.—An institution of 
higher education, a national fire service or-
ganization, and a national fire safety orga-
nization may not directly receive a grant 
under subsection (d) for a fiscal year for 
more than 1 fire safety research center. 
‘‘(5) AVOIDING
DUPLICATION.—The Adminis-
trator of FEMA shall review lists submitted by appli-
cants pursuant to subsection (e)(2)(D) and take such 
actions as the Administrator of FEMA considers nec-
essary to prevent unnecessary duplication of grant 
awards. 
‘‘(k) 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) 
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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 ap-
plicant 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 1,000,000 residents, the applica-
tion shall agree to make available non-Fed-
eral funds in an amount equal to not less 
than 10 percent of the grant awarded to 
such applicant under such subsection; and 
‘‘(ii) 20,000 residents or fewer, the ap-
plicant 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 PRE-
VENTION 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 
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equal to not less than 5 percent of the grant 
awarded to such applicant under such sub-
section. 
‘‘(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 complemen-
tary activities, or the provision of staff, facilities, 
services, material, or equipment. 
‘‘(3) MAINTENANCE OF EXPENDITURES.—An ap-
plicant 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 ex-
penditures 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 dem-
onstrated economic hardship. 
‘‘(B) GUIDELINES.— 
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‘‘(i) IN GENERAL.—The Administrator 
of FEMA shall establish and publish guide-
lines for determining what constitutes eco-
nomic hardship for purposes of this para-
graph. 
‘‘(ii) CONSULTATION.—In developing 
guidelines under clause (i), the Adminis-
trator of FEMA shall consult with individ-
uals who are— 
‘‘(I) recognized for expertise in 
firefighting, emergency medical services 
provided by fire services, or the eco-
nomic affairs of State and local gov-
ernments; and 
‘‘(II) members of national fire 
service organizations or national orga-
nizations representing the interests of 
State and local governments. 
‘‘(iii) 
CONSIDERATIONS.—In 
devel-
oping guidelines under clause (i), the Ad-
ministrator of FEMA shall consider, with 
respect to relevant communities, the fol-
lowing: 
‘‘(I) Changes in rates of unem-
ployment from previous years. 
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‘‘(II) Whether the rates of unem-
ployment of the relevant communities 
are currently and have consistently ex-
ceeded the annual national average 
rates of unemployment. 
‘‘(III) Changes in percentages of 
individuals eligible to receive food 
stamps from previous years. 
‘‘(IV) Such other factors as the 
Administrator of FEMA considers ap-
propriate. 
‘‘(C) CERTAIN APPLICANTS FOR FIRE PRE-
VENTION AND SAFETY GRANTS.—The authority 
under subparagraph (A) shall not apply with re-
spect to a nonprofit organization that— 
‘‘(i) 
is 
described 
in 
subsection 
(d)(1)(B); and 
‘‘(ii) is not a fire department or emer-
gency medical services organization. 
‘‘(l) GRANT GUIDELINES.— 
‘‘(1) GUIDELINES.—For each fiscal year, prior to 
awarding any grants under this section, the Adminis-
trator of FEMA shall publish in the Federal Reg-
ister— 
‘‘(A) guidelines that describe— 
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‘‘(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 be-
tween such guidelines and the recommendations 
obtained under paragraph (2). 
‘‘(2) ANNUAL MEETING TO OBTAIN RECOMMENDA-
TIONS.— 
‘‘(A) IN GENERAL.—For each fiscal year, 
the Administrator of FEMA shall convene a 
meeting of qualified members of national fire 
service organizations and, at the discretion of the 
Administrator of FEMA, qualified members of 
emergency medical service organizations to ob-
tain recommendations regarding the following: 
‘‘(i) Criteria for the awarding of 
grants under this section. 
‘‘(ii) Administrative changes to the as-
sistance program established under sub-
section (b). 
‘‘(B) QUALIFIED MEMBERS.—For purposes 
of this paragraph, a qualified member of an or-
ganization is a member who— 
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‘‘(i) is recognized for expertise in fire-
fighting 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 rep-
resents— 
‘‘(I) providers of emergency med-
ical services that are affiliated with 
fire departments; or 
‘‘(II) 
nonaffiliated 
EMS 
pro-
viders. 
‘‘(3) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to activities carried 
out under this subsection. 
‘‘(m) 
ACCOUNTING
DETERMINATION.—Notwith-
standing any other provision of law, for purposes of this 
section, equipment costs shall include all costs attributable 
to any design, purchase of components, assembly, manufac-
ture, and transportation of equipment not otherwise com-
mercially available. 
‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ALASKA NA-
TIVE VILLAGES.—The Alaska Village Initiatives, a non- 
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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 vil-
lages. 
‘‘(o) TRAINING STANDARDS.—If an applicant for a 
grant under this section is applying for such grant to pur-
chase training that does not meet or exceed any applicable 
national voluntary consensus standards, including those de-
veloped under section 647 of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 747), the appli-
cant shall submit to the Administrator of FEMA an expla-
nation of the reasons that the training proposed to be pur-
chased will serve the needs of the applicant better than 
training that meets or exceeds such standards. 
‘‘(p) 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 (k). 
‘‘(2) PERFORMANCE ASSESSMENT.— 
‘‘(A) IN GENERAL.—The Administrator of 
FEMA shall develop and implement a perform-
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ance assessment system, including quantifiable 
performance metrics, to evaluate the extent to 
which grants awarded under this section are fur-
thering the purposes of this section, including 
protecting the health and safety of the public and 
firefighting personnel against fire and fire-re-
lated hazards. 
‘‘(B) CONSULTATION.—The Administrator 
of FEMA shall consult with fire service rep-
resentatives 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.—Not less frequently than once each year dur-
ing the term of a grant awarded under this section, 
the recipient of the grant shall submit to the Adminis-
trator of FEMA an annual report describing how the 
recipient used the grant amounts. 
‘‘(4) ANNUAL REPORTS TO CONGRESS.— 
‘‘(A) IN
GENERAL.—Not later than Sep-
tember 30, 2013, and each year thereafter 
through 2017, 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 
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House of Representatives a report that pro-
vides— 
‘‘(i) information on the performance 
assessment system developed under para-
graph (2); and 
‘‘(ii) using the performance metrics de-
veloped under such paragraph, an evalua-
tion of the effectiveness of the grants award-
ed under this section. 
‘‘(B) ADDITIONAL
INFORMATION.—The re-
port due under subparagraph (A) on September 
30, 2016, shall also include recommendations for 
legislative changes to improve grants under this 
section. 
‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section— 
‘‘(A) $750,000,000 for fiscal year 2013; and 
‘‘(B) for each of fiscal years 2014 through 
2017, an amount equal to the amount authorized 
for the previous fiscal year increased by the per-
centage by which— 
‘‘(i) the Consumer Price Index (all 
items, United States city average) for the 
previous fiscal year, exceeds 
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‘‘(ii) the Consumer Price Index for the 
fiscal year preceding the fiscal year de-
scribed 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 ap-
propriated pursuant to this subsection may be used 
for any congressionally directed spending item (as de-
fined under the rules of the Senate and the House of 
Representatives). 
‘‘(r) SUNSET
OF AUTHORITIES.—The authority to 
award assistance and grants under this section shall expire 
on the date that is 5 years after the date of the enactment 
of the Fire Grants Reauthorization Act of 2012.’’. 
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SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMER-
GENCY RESPONSE. 
(a) IMPROVEMENTS TO HIRING GRANTS.— 
(1) TERM
OF
GRANTS.—Subparagraph (B) of 
section 34(a)(1) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229a(a)(1)) is 
amended to read as follows: 
‘‘(B) Grants made under this paragraph shall be 
for 3 years and be used for programs to hire new, ad-
ditional firefighters.’’. 
(2) LIMITATION OF PORTION OF COSTS OF HIR-
ING FIREFIGHTERS.—Subparagraph (E) of such sec-
tion is amended to read as follows: 
‘‘(E) The portion of the costs of hiring fire-
fighters provided by a grant under this paragraph 
may not exceed— 
‘‘(i) 75 percent in the first year of the 
grant; 
‘‘(ii) 75 percent in the second year of the 
grant; and 
‘‘(iii) 35 percent in the third year of the 
grant.’’. 
(b) CLARIFICATION REGARDING ELIGIBLE ENTITIES 
FOR RECRUITMENT AND RETENTION GRANTS.—The second 
sentence of section 34(a)(2) of such Act (15 U.S.C. 
2229a(a)(2)) is amended by striking ‘‘organizations on a 
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local or statewide basis’’ and inserting ‘‘national, State, 
local, or tribal organizations’’. 
(c) MAXIMUM
AMOUNT
FOR
HIRING
A
FIRE-
FIGHTER.—Paragraph (4) of section 34(c) of such Act (15 
U.S.C. 2229a(c)) is amended to read as follows: 
‘‘(4) The amount of funding provided under this sec-
tion to a recipient fire department for hiring a firefighter 
in any fiscal year may not exceed— 
‘‘(A) in the first year of the grant, 75 percent of 
the usual annual cost of a first-year firefighter in 
that department at the time the grant application 
was submitted; 
‘‘(B) in the second year of the grant, 75 percent 
of the usual annual cost of a first-year firefighter in 
that department at the time the grant application 
was submitted; and 
‘‘(C) in the third year of the grant, 35 percent 
of the usual annual cost of a first-year firefighter in 
that department at the time the grant application 
was submitted.’’. 
(d) WAIVERS.—Section 34 of such Act (15 U.S.C. 
2229a) is amended— 
(1) by redesignating subsections (d) through (i) 
as subsections (e) through (j), respectively; and 
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(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) WAIVERS.— 
‘‘(1) IN GENERAL.—In a case of demonstrated 
economic hardship, the Administrator of FEMA 
may— 
‘‘(A) waive the requirements of 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) CONSULTATION.—In developing guide-
lines under subparagraph (A), the Administrator 
of FEMA shall consult with individuals who 
are— 
‘‘(i) recognized for expertise in fire-
fighting, emergency medical services pro-
vided by fire services, or the economic af-
fairs of State and local governments; and 
‘‘(ii) members of national fire service 
organizations or national organizations 
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representing the interests of State and local 
governments. 
‘‘(C) 
CONSIDERATIONS.—In 
developing 
guidelines under subparagraph (A), the Admin-
istrator of FEMA shall consider, with respect to 
relevant communities, the following: 
‘‘(i) Changes in rates of unemployment 
from previous years. 
‘‘(ii) Whether the rates of unemploy-
ment of the relevant communities are cur-
rently and have consistently exceeded the 
annual national average rates of unemploy-
ment. 
‘‘(iii) Changes in percentages of indi-
viduals eligible to receive food stamps from 
previous years. 
‘‘(iv) Such other factors as the Admin-
istrator of FEMA considers appropriate.’’. 
(e) IMPROVEMENTS TO PERFORMANCE EVALUATION 
REQUIREMENTS.—Subsection (e) of section 34 of such Act 
(15 U.S.C. 2229a), 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, in-
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cluding quantifiable performance metrics, to evaluate 
the extent to which grants awarded under this section 
are furthering the purposes of this section. 
‘‘(2) SUBMITTAL OF INFORMATION.—’’. 
(f) REPORT.— 
(1) IN GENERAL.—Subsection (f) of section 34 of 
such Act (15 U.S.C. 2229a), as redesignated by sub-
section (d)(1) of this section, is amended by striking 
‘‘The authority’’ and all that follows through ‘‘Con-
gress 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 
subsection (f) of section 34 of such Act (15 U.S.C. 
2229a), as redesignated by subsection (d)(1) of this 
section, is amended by striking ‘‘SUNSET AND RE-
PORTS’’ and inserting ‘‘REPORT’’. 
(g) ADDITIONAL DEFINITIONS.— 
(1) IN GENERAL.—Subsection (i) of section 34 of 
such Act (15 U.S.C. 2229a), as redesignated by sub-
section (d)(1) of this section, is amended— 
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890 
† HR 4310 PP
(A) in the matter before paragraph (1), by 
striking ‘‘In this section, the term—’’ and insert-
ing ‘‘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 ‘Administrator of FEMA’, ‘career 
fire department’, ‘combination fire department’, and 
‘volunteer fire department’ have the meanings given 
such terms in section 33(a).’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
34(a)(1)(A) of such Act (15 U.S.C. 2229a(a)(1)(A)) is 
amended by striking ‘‘career, volunteer, and combina-
tion fire departments’’ and inserting ‘‘career fire de-
partments, combination fire departments, and volun-
teer fire departments’’. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Subsection (j) of section 34 of 
such Act (15 U.S.C. 2229a), as redesignated by sub-
section (d)(1) of this section, is amended— 
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† HR 4310 PP
‘‘(V) the Federal department or 
agency to which the activity belongs; 
‘‘(iii) the international broadcasting 
activities under the direction of the Broad-
casting Board of Governors; 
‘‘(iv) an assessment of potentially du-
plicative public diplomacy and inter-
national broadcasting activities; and 
‘‘(v) for any activities determined to be 
ineffective or results not demonstrated under 
subparagraph (B), recommendations on ex-
isting effective or moderately effective public 
diplomacy activities that could be aug-
mented to carry out the objectives of the in-
effective activities. 
‘‘(B) 
EFFECTIVENESS
ASSESSMENT.—In 
evaluating the public diplomacy and inter-
national broadcasting activities described in sub-
paragraph (A), the Commission shall conduct an 
assessment that considers the public diplomacy 
target impact, the achieved impact, and the cost 
of public diplomacy activities and international 
broadcasting. The assessment shall include, if 
practicable, an appropriate metric such as ‘cost- 
per-audience’ or ‘cost-per-student’ for each activ-
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† HR 4310 PP
ity. Upon the completion of the assessment, the 
Commission shall the assign a rating of— 
‘‘(i) ‘effective’ for activities that— 
‘‘(I) set appropriate goals; 
‘‘(II) achieve results; and 
‘‘(III) are well-managed and cost 
efficient; 
‘‘(ii) ‘moderately effective’ for activities 
that— 
‘‘(I) achieve some results; 
‘‘(II) are generally well-managed; 
and 
‘‘(III) need to improve their per-
formance results or cost efficiency, in-
cluding reducing overhead; 
‘‘(iii) ‘ineffective’ for activities that— 
‘‘(I) are not making sufficient use 
of available resources to achieve stated 
goals; 
‘‘(II) are not well-managed; or 
‘‘(III) have excessive overhead; 
and 
‘‘(iv) ‘results not demonstrated’ for ac-
tivities that— 
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rfrederick on DSK6VPTVN1PROD with
112TH CONGRESS 
2D SESSION 
H.R. 4310 
AMENDMENT 
December 4, 2012 
Ordered to be printed as passed 
VerDate Mar 15 2010 
01:32 Dec 07, 2012
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rfrederick on DSK6VPTVN1PROD with