HR 3791 RFS 
‘‘(iv) A list of other sources of Federal 
funding received by the applicant. 
‘‘(v) Any other information that the 
Director may require. 
‘‘(C) UNNECESSARY
DUPLICATION.—The 
Director, in coordination with the Secretary of 
Homeland Security, shall use the list provided 
under subparagraph (B)(iv) to prevent the un-
necessary duplication of grant funds. 
‘‘(6) MATCHING REQUIREMENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C) and paragraph (8), the Di-
rector may provide assistance under this sub-
section only if the applicant for such assistance 
agrees to match 10 percent of such assistance 
for any fiscal year with an equal amount of 
non-Federal funds. 
‘‘(B) REQUIREMENT FOR SMALL COMMU-
NITY ORGANIZATIONS.—In the case of an appli-
cant whose personnel serve jurisdictions of 
20,000 or fewer residents, the percent applied 
under the matching requirement of subpara-
graph (A) shall be 5 percent. 
‘‘(C) FIRE PREVENTION AND FIREFIGHTER 
SAFETY GRANTS EXCEPTION.—There shall be 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
no matching requirement for a grant described 
in paragraph (4). 
‘‘(7) MAINTENANCE OF EXPENDITURES.—Sub-
ject to paragraph (8), the Director may provide as-
sistance under this subsection only if the applicant 
for the assistance agrees to maintain in the fiscal 
year for which the assistance will be received the ap-
plicant’s aggregate expenditures for the uses de-
scribed in paragraph (3) or (4) at or above 80 per-
cent of the average level of such expenditures in the 
2 fiscal years preceding the fiscal year for which the 
assistance will be received. 
‘‘(8) ECONOMIC HARDSHIP WAIVER.— 
‘‘(A) IN
GENERAL.—In exceptional cir-
cumstances, the Director may waive or reduce 
the matching requirement under paragraph (6) 
and the maintenance of expenditures require-
ment under paragraph (7) for applicants facing 
demonstrated economic hardship. 
‘‘(B) CRITERIA DEVELOPMENT.—The cri-
teria under which the Director may waive or re-
duce such requirements shall be developed in 
consultation with individuals who are— 
‘‘(i) recognized for expertise in fire-
fighting, emergency medical services pro-
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
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 
representing the interests of State and 
local governments. 
‘‘(C) PUBLIC AVAILABILITY.—The Director 
shall make the criteria developed under sub-
paragraph (B) publicly available. 
‘‘(9) VARIETY
OF
FIRE
DEPARTMENT
GRANT 
RECIPIENTS.— 
‘‘(A) IN GENERAL.—Of the amounts made 
available under subsection (e), the Director 
shall ensure that grants under paragraph 
(1)(A) for a fiscal year are allocated, to the ex-
tent that there are eligible applicants to carry 
out the activities under paragraph (3), as fol-
lows: 
‘‘(i) 25 percent shall be made avail-
able to career fire departments. 
‘‘(ii) 25 percent shall be made avail-
able to volunteer fire departments. 
‘‘(iii) 25 percent shall be made avail-
able to combination fire departments. 
‘‘(B) EVALUATION CRITERIA.— 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(i) 
IN
GENERAL.—In 
awarding 
grants under paragraph (1)(A), the Direc-
tor shall, within each category of appli-
cants under subparagraph (A), consider a 
broad range of factors important to the ap-
plicant’s ability to respond to fires and re-
lated hazards, such as population served, 
geographic response area, hazard vulner-
ability, call volume, financial situation in-
cluding unemployment rate of the area 
being served, and need for training or 
equipment. 
‘‘(ii) HIGH
POPULATION
AND
INCI-
DENT
RESPONSE.—In considering such 
factors under clause (i), applicants serving 
areas with high population and with a high 
number of incidents requiring a response 
shall receive a higher level of consideration. 
‘‘(iii) PROHIBITED
BASIS
FOR
DE-
NIAL.—In considering such factors under 
clause (i), the Director may not deny a 
grant to an applicant solely based on such 
applicant failing to demonstrate that the 
grant will be used to prepare for or re-
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
spond to a terrorism incident or use of a 
weapon of mass destruction. 
‘‘(C) REMAINDER.—Of the amounts made 
available under subsection (e) that are not allo-
cated for use and awarded under subparagraph 
(A) or designated for use under any other pro-
vision of this section, the Director shall provide 
for an open competition for grants among ca-
reer fire departments, volunteer fire depart-
ments, and combination fire departments to 
carry out the activities under paragraph (3). 
‘‘(10) REPORT TO THE DIRECTOR.—The Direc-
tor may provide assistance under this subsection 
only if the applicant for the assistance agrees to sub-
mit to the Director a report, including a description 
of how the assistance was used, with respect to each 
fiscal year for which the assistance was received. 
‘‘(11) GRANT LIMITATIONS.— 
‘‘(A) RECIPIENT
LIMITATIONS.—A grant 
recipient under paragraph (1)(A)— 
‘‘(i) that serves a jurisdiction with 
100,000 people or less may not receive 
grants in excess of $1,000,000 for any fis-
cal year; 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(ii) that serves a jurisdiction with 
more than 100,000 people but less than 
500,000 people may not receive grants in 
excess of $2,000,000 for any fiscal year; 
‘‘(iii) that serves a jurisdiction with 
500,000 people or more but less than 
1,000,000 people may not receive grants in 
excess of $3,000,000 for any fiscal year; 
‘‘(iv) that serves a jurisdiction with 
1,000,000 people or more but less than 
2,500,000 people may not receive grants in 
excess of $6,000,000 for any fiscal year; 
and 
‘‘(v) that serves a jurisdiction with 
2,500,000 people or more may not receive 
grants in excess of $9,000,000 for any fis-
cal year. 
The Director may award grants in excess of the 
limitations provided in clauses (i), (ii), (iii), and 
(iv) if the Director determines that extraor-
dinary need for assistance by a jurisdiction war-
rants a waiver. 
‘‘(B) LIMITATION ON EXPENDITURES FOR 
FIREFIGHTING VEHICLES.—Not more than 25 
percent of the funds appropriated to provide 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(D) REQUIREMENTS
FOR
GRANTS
FOR 
EMERGENCY MEDICAL SERVICES.—The Director 
shall award not more than 2 percent of the 
amounts made available under subsection (e) 
for a fiscal year to volunteer, non-fire service 
EMS and rescue organizations for the purposes 
described in paragraph (3)(F). 
‘‘(E) APPLICATION
OF
SELECTION
CRI-
TERIA TO GRANT APPLICATIONS FROM VOLUN-
TEER, NON-FIRE SERVICE EMS AND RESCUE OR-
GANIZATIONS.—In reviewing applications sub-
mitted by volunteer, non-fire service EMS and 
rescue organizations, the Director shall consider 
the extent to which other sources of Federal 
funding are available to provide the assistance 
requested in such grant applications. 
‘‘(F) CONSENSUS STANDARDS.— 
‘‘(i) 
IN
GENERAL.—Any 
grant 
amounts used to obtain training under this 
section shall be limited to training that 
complies with applicable national voluntary 
consensus standards (if applicable national 
voluntary consensus standards have been 
established), unless a waiver has been 
granted under clause (ii). 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(ii) WAIVER.— 
‘‘(I) EXPLANATION
FOR
NON- 
STANDARD
TRAINING.—If an appli-
cant for a grant seeks to use the as-
sistance provided under the grant to 
obtain training that does not meet or 
exceed applicable voluntary consensus 
standards, the applicant shall include 
in the application an explanation of 
why such training will serve the needs 
of the applicant better than training 
that does meet or exceed such stand-
ards. 
‘‘(II) PROCEDURES.—In making 
a determination whether or not to 
waive the requirement under clause (i) 
with respect to a specific standard, 
the Director shall, to the greatest ex-
tent practicable— 
‘‘(aa) consult with other 
members of the fire services re-
garding the impact on fire de-
partments of the requirement to 
meet or exceed the specific stand-
ard; 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(bb) take into consideration 
the explanation provided by the 
applicant under subclause (I); 
and 
‘‘(cc) seek to minimize the 
impact of the requirement to 
meet or exceed the specific stand-
ard on the applicant, particularly 
if meeting the standard would 
impose additional costs. 
‘‘(III) ADDITIONAL REQUESTS.— 
Applicants that apply for a grant 
under the terms of subclause (I) may 
include a second grant request in the 
application to be considered by the 
Director in the event that the Direc-
tor does not approve the primary 
grant request on the grounds of the 
training not meeting applicable vol-
untary consensus standards. 
‘‘(12) ELIGIBLE
GRANTEE
ON
BEHALF
OF 
ALASKA NATIVE VILLAGES.—The Alaska Village Ini-
tiatives, a non-profit organization incorporated in 
the State of Alaska, shall be considered an eligible 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
grantee for purposes of receiving assistance under 
this section on behalf of Alaska Native villages. 
‘‘(13) ANNUAL MEETING.—The Director shall 
convene an annual meeting of individuals who are 
members of national fire service organizations and 
are recognized for expertise in firefighting or emer-
gency medical services provided by fire services, and 
who are not employees of the Federal Government, 
for the purpose of recommending criteria for award-
ing grants under this section for the next fiscal year 
and any necessary administrative changes to the 
grant program. 
‘‘(14) GUIDELINES.— 
‘‘(A) IN GENERAL.—Each year, prior to 
accepting any application for a grant under 
each program under this section, the Director 
shall publish in the Federal Register— 
‘‘(i) guidelines that describe the proc-
ess for applying for grants and the criteria 
for awarding grants; 
‘‘(ii) an explanation of any differences 
between the guidelines and the rec-
ommendations made pursuant to para-
graph (13); and 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(iii) the criteria developed under 
paragraph (8) which the Director will use 
to evaluate applicants for waivers from 
program requirements. 
‘‘(B) SPECIFIC
REQUIREMENT.—The cri-
teria for awarding grants under paragraph 
(1)(A) shall include the extent to which the 
grant would enhance the daily operations of the 
applicant and the impact of such a grant on the 
protection of lives and property. 
‘‘(15) PEER REVIEW.—The Director, after con-
sultation with national fire service organizations, 
shall appoint fire service personnel to conduct peer 
review of applications received under paragraph (5). 
In making grants under this section, the Director 
shall consider the results of such peer review evalua-
tions. 
‘‘(16) APPLICABILITY OF FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to activities 
under paragraphs (13) and (15). 
‘‘(17) 
ACCOUNTING
DETERMINATION.—Not-
withstanding any other provision of law, rule, regu-
lation, or guidance, for purposes of receiving assist-
ance under this section, equipment costs shall in-
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
clude all costs attributable to any design, purchase 
of components, assembly, manufacture, and trans-
portation of equipment not otherwise commercially 
available. 
‘‘(b) AUDITS.—A recipient of a grant under this sec-
tion shall be subject to audits to ensure that the grant 
proceeds are expended for the intended purposes and that 
the grant recipient complies with the requirements of 
paragraphs (6) and (7) of subsection (a) unless the Direc-
tor has granted a waiver under subsection (a)(8). 
‘‘(c) FIRE SAFETY RESEARCH CENTERS.— 
‘‘(1) IN GENERAL.—The Director may make a 
grant under subsection (a)(4)(A)(iii) to an institu-
tion of higher education, a national fire service orga-
nization, or a national fire safety organization to es-
tablish and operate a fire safety research center. 
‘‘(2) OBJECTIVES.—A grant received under this 
subsection shall be used by such an institution or or-
ganization to advance significantly the Nation’s abil-
ity to reduce the number of fire-related deaths and 
injuries among firefighters and the general public 
through research, development, and technology 
transfer activities. 
‘‘(3) LIMITATION.—The Director may establish 
no more than 3 fire safety research centers. An in-
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(D) The strategic plan the recipient pro-
poses to carry out under the grant. 
‘‘(6) CONSIDERATION.—The Director shall give 
special consideration under paragraph (5) to an ap-
plicant for a grant that consists of a partnership be-
tween a national fire service organization or a na-
tional fire safety organization and at least 1 of the 
following: 
‘‘(A) An institution of higher education. 
‘‘(B) A minority-serving institution (de-
fined as an eligible institution under section 
371(a) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(a))). 
‘‘(7) RESEARCH NEEDS.—Within 90 days after 
the date of enactment of the Fire Grants Reauthor-
ization Act of 2009, the Director shall convene a 
workshop of the fire safety research community, fire 
service organizations, and other appropriate stake-
holders to identify and prioritize fire safety research 
needs. The results of the workshop shall be made 
public, and the Director shall consider such results 
in making awards under this section. 
‘‘(d) DEFINITIONS.—In this section, the following 
definitions apply: 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(1) CAREER
FIRE
DEPARTMENT.—The term 
‘career fire department’ means a firefighting depart-
ment that has an all professional force of fire-
fighting personnel. 
‘‘(2) COMBINATION
FIRE
DEPARTMENT.—The 
term ‘combination fire department’ means a fire-
fighting department that has a combined force of 
professional and volunteer firefighting personnel. 
‘‘(3) DIRECTOR.—The term ‘Director’ means 
the Director, acting through the Administrator. 
‘‘(4) FIREFIGHTING
PERSONNEL.—The term 
‘firefighting personnel’ means individuals, including 
volunteers, who are firefighters, officers of fire de-
partments, or emergency medical service personnel 
of fire departments. 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given such term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001). 
‘‘(6) VOLUNTEER, NON-FIRE SERVICE EMS AND 
RESCUE ORGANIZATION.— 
‘‘(A) IN GENERAL.—The term ‘volunteer, 
non-fire service EMS and rescue organization’ 
means a public or private nonprofit emergency 
medical services organization that— 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(i) is not affiliated with a hospital; 
‘‘(ii) does not serve a geographic area 
in which the Director finds that emergency 
medical services are adequately provided by 
a fire department; and 
‘‘(iii) is staffed primarily by volun-
teers. 
‘‘(B) INCLUSION.—Such term includes a 
river rescue organization if such organization 
otherwise meets the definition in subparagraph 
(A). 
‘‘(7) VOLUNTEER
FIRE
DEPARTMENT.—The 
term ‘volunteer fire department’ means a firefighting 
department that has an all volunteer force of fire-
fighting personnel. 
‘‘(8) RIVER RESCUE ORGANIZATION.—The term 
‘river rescue organization’ means an organization 
that provides emergency search and rescue services 
to a person affected by a flood, a water-related acci-
dent, or another disaster for which services, includ-
ing water rescue and patrol, dive rescue and recov-
ery, emergency first response, flood recovery, or fire 
and rescue services on the water, are required. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated for the purposes of this section 
$1,000,000,000 for each of the fiscal years 2010 
through 2014. 
‘‘(2) ADMINISTRATIVE EXPENSES.— 
‘‘(A) IN GENERAL.—Of the funds appro-
priated pursuant to paragraph (1) for a fiscal 
year, the Director may use not more than 3 
percent of the funds to cover salaries and ex-
penses and other administrative costs incurred 
by the Director to make grants and provide as-
sistance under this section. 
‘‘(B) FORMULA.—The Director shall sub-
tract the amount to be used for subparagraph 
(A) from the amount appropriated pursuant to 
paragraph (1) before making any allocations or 
apportioning any funds under subsections (a) or 
(c).’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) from fiscal years 2003 through 2008— 
(A) the funding appropriated for activities 
under section 33 of the Federal Fire Prevention 
and Control Act of 1974 declined by approxi-
mately 30 percent; and 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
(B) the number of fire departments receiv-
ing awards declined by nearly 40 percent, while 
the number of applicants increased, resulting in 
a reduction in applicant success rates from over 
43 percent to just 25 percent; 
(2) the House-passed conference report for the 
Department of Homeland Security Appropriations 
Act, 2010 appropriates $390 million for activities 
under such section 33, a decrease of over 30 percent 
below that provided in fiscal year 2009; 
(3) declining funding reduces the Director’s 
ability to successfully carry out the primary purpose 
of such section, which is to protect the health and 
safety of the public and firefighting personnel 
throughout the Nation against fire and fire-related 
hazards; and 
(4) halting and reversing the decline in appro-
priations to ensure a high level of funding for the 
activities under such section 33 should be a top pri-
ority. 
SEC. 3. EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE 
GRANT PROGRAM REAUTHORIZATION. 
Section 34 of the Federal Fire Prevention and Con-
trol Act of 1974 (15 U.S.C. 2229a) is amended to read 
as follows: 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘SEC. 34. EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE 
GRANT PROGRAM. 
‘‘(a) EXPANDED AUTHORITY TO MAKE GRANTS.— 
‘‘(1) HIRING GRANTS.— 
‘‘(A) IN
GENERAL.—The Director shall 
make grants directly to career, volunteer, and 
combination fire departments, in consultation 
with the chief executive of the State in which 
the applicant is located, for the purpose of in-
creasing the number of firefighters to help com-
munities meet industry minimum standards and 
attain 24-hour staffing to provide adequate pro-
tection from fire and fire-related hazards and to 
fulfill traditional missions of fire departments 
that antedate the creation of the Department of 
Homeland Security. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) DURATION
AND
USE.—Grants 
made under this paragraph shall be for 3 
years and shall be used for programs to 
hire new, additional firefighters. 
‘‘(ii) RETENTION.—Grant recipients 
are required to commit to retaining for at 
least the entire 3 years of the grant period 
those firefighters hired under this para-
graph. 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(iii) MAXIMUM.—The portion of the 
cost of hiring firefighters provided by a 
grant under this paragraph may not exceed 
80 percent of such cost for each fiscal 
year. 
‘‘(C) PREFERENCE.—In awarding grants 
under this subsection, the Director may give 
preferential consideration to applications that 
involve a non-Federal contribution exceeding 
the minimums under subparagraph (B)(iii). 
‘‘(D) TECHNICAL
ASSISTANCE.—The Di-
rector may provide technical assistance to 
States, units of local government, Indian tribal 
governments, and other public entities in fur-
therance of the purposes of this section. 
‘‘(E) VOLUNTEER ACTIVITIES ALLOWED.— 
Notwithstanding any other provision of law, any 
firefighter hired with funds provided under this 
subsection shall not be discriminated against 
for, or be prohibited from, engaging in volun-
teer activities in another jurisdiction during off- 
duty hours. 
‘‘(F) COMPETITIVE BASIS.—The Director 
shall award all grants under this section on a 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
competitive basis through a neutral peer review 
process. 
‘‘(G) SET ASIDE.— 
‘‘(i) IN GENERAL.—At the beginning 
of the fiscal year, the Director shall set 
aside 10 percent of the funds made avail-
able for carrying out this paragraph for 
departments with majority volunteer or all 
volunteer personnel. 
‘‘(ii) TRANSFER.—After awards have 
been made, if less than 10 percent of the 
funds made available for carrying out this 
paragraph are not awarded to departments 
with majority volunteer or all volunteer 
personnel, the Director shall transfer from 
funds made available for carrying out this 
paragraph to funds made available for car-
rying out paragraph (2) an amount equal 
to the difference between the amount that 
is provided to such fire departments and 
10 percent. 
‘‘(2) 
RECRUITMENT
AND
RETENTION 
GRANTS.— 
‘‘(A) IN
GENERAL.—In addition to any 
amounts 
transferred 
under 
paragraph 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
(1)(G)(ii), the Director shall direct at least 10 
percent of the total amount of funds made 
available under this section annually to a com-
petitive grant program for the recruitment and 
retention of volunteer firefighters who are in-
volved with or trained in the operations of fire-
fighting and emergency response. 
‘‘(B) ELIGIBILITY.—Eligible entities shall 
include volunteer or combination fire depart-
ments and organizations on a local, statewide, 
or national basis that represent the interests of 
volunteer firefighters. 
‘‘(b) APPLICATIONS.— 
‘‘(1) IN
GENERAL.—No grant may be made 
under this section unless an application has been 
submitted to, and approved by, the Director. 
‘‘(2) CONTENTS.—An application for a grant 
under this section shall be submitted in such form 
and contain such information and assurances as the 
Director may prescribe. 
‘‘(3) REQUIREMENTS.—At a minimum, each 
application for a grant under this section shall— 
‘‘(A) explain the applicant’s inability to ad-
dress the need without Federal assistance; 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(B) in the case of a grant under sub-
section (a)(1), explain how the applicant plans 
to meet the requirements of subparagraphs 
(B)(ii) and (E) of such subsection; 
‘‘(C) specify long-term plans for retaining 
firefighters following the conclusion of Federal 
support provided under this section; and 
‘‘(D) provide assurances that the applicant 
will, to the extent practicable, seek, recruit, and 
hire members of racial and ethnic minority 
groups and women in order to increase their 
ranks within firefighting. 
‘‘(c) LIMITATION ON USE OF FUNDS.— 
‘‘(1) SUPPLEMENT, NOT
SUPPLANT.—Funds 
made available under this section to fire depart-
ments for salaries and benefits to hire new, addi-
tional firefighters shall not be used to supplant State 
or local funds, or, in the case of Indian tribal gov-
ernments, funds supplied by the Bureau of Indian 
Affairs, but shall be used to increase the amount of 
funds that would, in the absence of Federal funds 
received under this section, be made available from 
State or local sources, or in the case of Indian tribal 
governments, from funds supplied by the Bureau of 
Indian Affairs. 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(2) REPLACEMENT FUNDING PROHIBITED.— 
No grant shall be awarded pursuant to this section 
to a municipality or other recipient whose annual 
budget at the time of the application for fire-related 
programs and emergency response has been reduced 
below 80 percent of the average funding level in the 
3 years prior to the date of application. 
‘‘(3) 
INDIAN
COST-SHARE.—Funds 
appro-
priated by the Congress for the activities of any 
agency of an Indian tribal government or the Bu-
reau of Indian Affairs performing firefighting func-
tions on any Indian lands may be used to provide 
the non-Federal share of the cost of programs or 
projects funded under this section. 
‘‘(d) WAIVER.—In exceptional circumstances, the Di-
rector may waive the requirements of subsections 
(a)(1)(B)(ii), (a)(1)(B)(iii), (c)(1), and (c)(2) if the Direc-
tor determines that the jurisdiction is facing demonstrated 
economic hardship in accordance with section 33(a)(8). 
‘‘(e) PERFORMANCE
EVALUATION.—The Director 
may require a grant recipient to submit any information 
the Director considers reasonably necessary to evaluate 
the program. 
‘‘(f) SUNSET; REPORTS.— 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
‘‘(1) SUNSET.—The authority under this sec-
tion to make grants shall lapse at the end of the 10- 
year period that begins on the date of enactment of 
the Fire Grants Reauthorization Act of 2009. 
‘‘(2) REPORT.—Not later than 6 years after 
such date of enactment, the Director shall submit to 
Congress a report concerning the experience with, 
and effectiveness of, such grants in meeting the ob-
jectives of this section. The report may include any 
recommendations the Director may have for amend-
ments to this section and related provisions of law. 
‘‘(g) REVOCATION OR SUSPENSION OF FUNDING.— 
If the Director determines that a grant recipient under 
this section is not in substantial compliance with the terms 
and requirements of an approved grant application sub-
mitted under this section, the Director may revoke or sus-
pend funding of that grant, in whole or in part. 
‘‘(h) ACCESS TO DOCUMENTS.— 
‘‘(1) IN GENERAL.—The Director shall have ac-
cess for the purpose of audit and examination to any 
pertinent books, documents, papers, or records of a 
grant recipient under this section and to the perti-
nent books, documents, papers, or records of State 
and local governments, persons, businesses, and 
other entities that are involved in programs, 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
projects, or activities for which assistance is pro-
vided under this section. 
‘‘(2) APPLICATION.—Paragraph (1) shall apply 
with respect to audits and examinations conducted 
by the Comptroller General of the United States or 
by an authorized representative of the Comptroller 
General. 
‘‘(i) DEFINITIONS.—In this section, the term— 
‘‘(1) ‘Director’ means the Director, acting 
through the Administrator; 
‘‘(2) ‘firefighter’ has the meaning given the 
term ‘employee in fire protection activities’ under 
section 3(y) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(y)); and 
‘‘(3) ‘Indian tribe’ means a tribe, band, pueblo, 
nation, or other organized group or community of 
Indians, including an Alaska Native village (as de-
fined in or established under the Alaska Native 
Claims Settlement Act (43 U.S.C. 1601 et seq.)), 
that is recognized as eligible for the special pro-
grams and services provided by the United States to 
Indians because of their status as Indians. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for the purposes of car-
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
rying out this section $1,194,000,000 for each of the fiscal 
years 2010 through 2014.’’. 
SEC. 4. STUDY AND REPORT. 
(a) STUDY AND REPORT ON ASSISTANCE TO FIRE-
FIGHTERS GRANT PROGRAM.— 
(1) STUDY.—The Administrator of the United 
States Fire Administration, in conjunction with the 
National Fire Protection Association, shall conduct a 
study to— 
(A) define the current roles and activities 
associated with the fire services on a national, 
State, regional, and local level; 
(B) identify the equipment, staffing, and 
training required to fulfill the roles and activi-
ties defined under subparagraph (A); 
(C) conduct an assessment to identify gaps 
between what fire departments currently pos-
sess and what they require to meet the equip-
ment, staffing, and training needs identified 
under subparagraph (B) on a national and 
State-by-State basis; and 
(D) measure the impact of the grant pro-
gram under section 33 of the Federal Fire Pre-
vention and Control Act of 1974 (15 U.S.C. 
2229) in— 
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
(i) meeting the needs of the fire serv-
ices identified in the report submitted to 
Congress under section 3603(a) of the 
Ronald W. Reagan National Defense Au-
thorization Act for Fiscal Year 2005; and 
(ii) filling the gaps identified under 
subparagraph (C). 
(2) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Administrator 
shall submit to Congress a report on the findings of 
the study described in paragraph (1). 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator of 
the United States Fire Administration a total of $300,000 
for fiscal years 2010 and 2011 to carry out subsection 
(a). 
SEC. 5. NATIONAL VOLUNTARY CONSENSUS STANDARDS. 
(a) SURVEY BY THE DEPARTMENT OF HOMELAND 
SECURITY.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
the Task Force established under subsection (b), 
shall begin to conduct a survey of each career fire 
department, volunteer fire department, and combina-
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
tion fire department located in the United States in 
order to ascertain whether each fire department is in 
compliance with the national voluntary consensus 
standards for staffing, training, safe operations, per-
sonal protective equipment, and fitness. 
(2) CONTENTS.—In carrying out the survey, 
the Secretary shall ascertain, for each fire depart-
ment in the United States, the rates of compliance 
with each such standard of— 
(A) career fire departments, volunteer fire 
departments, and combination fire departments; 
(B) fire departments located in commu-
nities of varying sizes; and 
(C) fire departments in each of the States. 
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall 
submit to Congress a summary of the findings of the 
survey required under paragraph (1), including the 
rates of compliance under the categories specified 
under subparagraphs (A), (B), and (C) of paragraph 
(2). 
(b) ESTABLISHMENT OF TASK FORCE TO ENHANCE 
FIREFIGHTER SAFETY.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Sec-
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 3791 RFS 
retary shall establish a task force to be known as the 
‘‘Task Force to Enhance Firefighter Safety’’ (in this 
section referred to as the ‘‘Task Force’’). 
(2) MEMBERSHIP.— 
(A) IN GENERAL.—The Secretary shall ap-
point members of the Task Force from among 
the general public and shall include— 
(i) representatives of national organi-
zations representing firefighters and fire 
chiefs; 
(ii) individuals representing stand-
ards-setting and accrediting organizations, 
including representatives from the vol-
untary consensus codes and standards de-
velopment community; and 
(iii) other individuals as the Secretary 
determines to be appropriate. 
(B) REPRESENTATIVES
OF
OTHER
DE-
PARTMENTS
AND
AGENCIES.—The Secretary 
may invite representatives of other departments 
and agencies of the United States that have an 
interest in the fire service to participate in the 
meetings and other activities of the Task Force. 
(C) NUMBER; TERMS
OF
SERVICE; PAY 
AND ALLOWANCES.—The Secretary shall deter-
VerDate Nov 24 2008 
00:06 Nov 20, 2009
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3791.RFS
H3791
wwoods2 on DSK1DXX6B1PROD with BILLS