grams and activities in accordance with para-
graph (4); and 
‘‘(D) provide assistance for volunteer, non- 
fire service EMS and rescue organizations for 
the purpose of paragraph (3)(F). 
‘‘(2) ADMINISTRATIVE
ASSISTANCE.—The Di-
rector shall establish specific criteria for the selec-
tion of recipients of assistance under this section 
and shall provide grant-writing assistance to appli-
cants. 
‘‘(3) USE
OF
FIRE
DEPARTMENT
GRANT 
FUNDS.—The Director may make a grant under 
paragraph (1)(A) only if the applicant for the grant 
agrees to use the grant funds for one or more of the 
following purposes: 
‘‘(A) To hire additional firefighting per-
sonnel. 
‘‘(B) To train firefighting personnel in 
firefighting, emergency medical services and 
other emergency response (including response 
to a terrorism incident or use of a weapon of 
mass destruction), arson prevention and detec-
tion, maritime firefighting, or the handling of 
hazardous materials or to train firefighting per-
sonnel to provide any of the training described 
in this subparagraph. 
‘‘(C) To fund the creation of rapid inter-
vention teams to protect firefighting personnel 
at the scenes of fires and other emergencies. 
‘‘(D) To certify fire and building inspec-
tors employed by a fire department or serving 
as a volunteer building inspector with a fire de-
partment. 
‘‘(E) To establish wellness and fitness pro-
grams for firefighting personnel to ensure that 
the firefighting personnel can carry out their 
duties, including programs dedicated to raising 
awareness of, and prevention of, job-related 
mental health issues. 
‘‘(F) To fund emergency medical services 
provided by fire departments and volunteer, 
non-fire service EMS and rescue organizations. 
‘‘(G) To acquire additional firefighting ve-
hicles, including fire trucks. 
‘‘(H) To acquire additional firefighting 
equipment, including equipment for communica-
tions, monitoring, and response to a terrorism 
incident or use of a weapon of mass destruc-
tion.
‘‘(I) To acquire personal protective equip-
ment required for firefighting personnel by the 
Occupational Safety and Health Administration 
and other personal protective equipment for 
firefighting 
personnel, 
including 
protective 
equipment to respond to a terrorism incident or 
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 enforce fire codes and standards. 
‘‘(L) To fund fire prevention programs. 
‘‘(M) To educate the public about arson 
prevention and detection. 
‘‘(N) To provide incentives for the recruit-
ment and retention of volunteer firefighting 
personnel for volunteer firefighting departments 
and other firefighting departments that utilize 
volunteers. 
‘‘(O) To acquire equipment designed to re-
duce the amount of water used in firefighting 
or training firefighting personnel. 
‘‘(4) FIRE
PREVENTION
AND
FIREFIGHTER 
SAFETY
RESEARCH
AND
DEVELOPMENT
PRO-
GRAMS.—
‘‘(A) IN GENERAL.—For each fiscal year, 
the Director shall use not less than 10 percent 
of the funds made available under subsection 
(e)— 
‘‘(i) to make grants to fire depart-
ments for the purpose described in para-
graph (3)(L); 
‘‘(ii) to make grants to, or enter into 
contracts or cooperative agreements with, 
national, State, local, or community orga-
nizations that are not fire departments 
but— 
‘‘(I) that are recognized for their 
experience and expertise with respect 
to fire prevention or fire safety pro-
grams and activities and that partner 
with fire departments, for the purpose 
of carrying out such programs and ac-
tivities; 
‘‘(II) engage in fire- and life 
safety-related activities as a primary 
purpose or function, for the purpose 
of carrying out fire prevention or fire 
safety programs and activities; or
‘‘(III) that are recognized for 
their experience and expertise with re-
spect to firefighter research and devel-
opment programs, for the purpose of 
carrying out research on fire preven-
tion or fire safety programs and ac-
tivities or to improve firefighter health 
and life safety; and 
‘‘(iii) if the Director determines that 
it is necessary, to make grants or enter 
into contracts in accordance with sub-
section (c). 
‘‘(B) PRIORITY.—In selecting organiza-
tions described in subparagraph (A)(ii) to re-
ceive assistance under this paragraph, the Di-
rector shall give priority to organizations that 
focus on prevention of injuries to high risk 
groups from fire, as well as research programs 
that demonstrate the potential to improve fire-
fighter safety. 
‘‘(C) GRANT LIMITATION.—A grant under 
this paragraph shall not exceed $1,500,000 for 
a fiscal year. 
‘‘(D) LIMITATION.—None of the funds 
made available under this paragraph may be
provided to the Association of Community Or-
ganizations for Reform Now (ACORN) or any 
of its affiliates, subsidiaries, or allied organiza-
tions. 
‘‘(5) APPLICATION.—The Director may provide 
assistance to a fire department or organization (in-
cluding a State fire training academy) under this 
subsection only if the fire department or organiza-
tion seeking the assistance submits to the Director 
an application that meets the following require-
ments: 
‘‘(A) FORM.—The application shall be in 
such form as the Director may require. 
‘‘(B) INFORMATION.—The application shall 
include the following information: 
‘‘(i) Information that demonstrates 
the financial need of the applicant for the 
assistance for which applied. 
‘‘(ii) An analysis of the costs and ben-
efits, with respect to public safety, of the 
use of the assistance. 
‘‘(iii) An agreement to provide infor-
mation to the national fire incident report-
ing system for the period covered by the 
assistance.
‘‘(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
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-
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.—
‘‘(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-
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;
‘‘(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
grants under this section for a fiscal year may 
be used to assist grant recipients to purchase 
vehicles, as authorized by paragraph (3)(G). 
‘‘(C) STATE FIRE TRAINING ACADEMIES.— 
‘‘(i) IN
GENERAL.—In accordance 
with clause (ii), the Director shall award 
not more than 3 percent of the amounts 
made available under subsection (e) for a 
fiscal year for grants under this subsection 
for State fire training academies. 
‘‘(ii) 
LIMITATION.—The 
Director 
shall— 
‘‘(I) award not more than 1 
grant under this subparagraph per 
State in a fiscal year; 
‘‘(II) limit the amount of a grant 
to a State fire training academy to 
less than or equal to$1,000,000 in 
each fiscal year; and 
‘‘(III) ensure that any grant 
awarded to a State fire training acad-
emy shall be used for the purposes de-
scribed in paragraphs 3(G), 3(H), or 
3(I).
‘‘(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).
‘‘(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;
‘‘(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
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
‘‘(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-
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-
stitution of higher education, a national fire service 
organization, or a national fire safety organization 
may not directly receive a grant under this section 
for a fiscal year for more than 1 fire safety research 
center. 
‘‘(4) APPLICATION.—In order to be eligible to 
receive a fire safety research center grant, an insti-
tution of higher education, a national fire service or-
ganization, or a national fire safety organization 
shall submit to the Director an application that is in 
such form and contains such information and assur-
ances as the Director may require. 
‘‘(5) GENERAL SELECTION CRITERIA.—The Di-
rector shall select each recipient of a grant under 
this subsection through a competitive process on the 
basis of the following: 
‘‘(A) The demonstrated research and ex-
tension resources available to the recipient to 
carry out the research, development, and tech-
nology transfer activities. 
‘‘(B) The capability of the recipient to pro-
vide leadership in making national contributions 
to fire safety. 
‘‘(C) The recipient’s ability to disseminate 
the results of fire safety research.
‘‘(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:
‘‘(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—
‘‘(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.—
‘‘(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
(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:
‘‘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.
‘‘(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
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
(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;
‘‘(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.
‘‘(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.—
‘‘(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,
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-
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—
(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-
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-
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-
mine the number, terms of service, and pay and 
allowances of members of the Task Force ap-
pointed by the Secretary, except that a term of 
service of any such member may not exceed 2 
years. 
(3) 
RESPONSIBILITIES.—The 
Task 
Force 
shall— 
(A) consult with the Secretary to conduct 
the survey required under subsection (a); and 
(B) develop a plan to enhance firefighter 
safety by increasing fire department compliance 
with national voluntary consensus standards for 
staffing, training, safe operations, personal pro-
tective equipment, and fitness, including by— 
(i) reviewing and evaluating the report 
required under subsection (a) to determine 
the extent of and barriers to achieving 
compliance with national voluntary con-
sensus standards among fire departments; 
and 
(ii) considering ways in which the 
Federal Government, States, and localities 
can promote or encourage fire departments 
to comply with national voluntary con-
sensus standards.
(4) REPORT TO CONGRESS.—Not later than 6 
months after the date on which the Secretary sub-
mits the report required under subsection (a)(3), the 
Task Force shall submit to Congress and the Sec-
retary a report containing the findings and rec-
ommendations of the Task Force together with the 
plan described in paragraph (3)(B). 
(c) DEFINITIONS.— 
(1) IN GENERAL.—The terms used in this sec-
tion that are defined in sections 4, 33, or 34 of the 
Federal Fire Prevention and Control Act of 1974 
shall have the meaning given such terms in such 
Act. 
(2) NATIONAL VOLUNTARY CONSENSUS STAND-
ARDS.—For the purposes of this section, the term 
‘‘national voluntary consensus standards’’ means the 
latest edition of the national voluntary consensus 
standards for firefighter and fire department staff-
ing, training, safe operations, personal protective 
equipment, and fitness available on the date of the 
enactment of this Act. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary to
carry out this section for each of fiscal years 2010 through 
2013. 
SEC. 6. PROHIBITION ON EARMARKS. 
None of the funds appropriated to carry out the 
amendments made by this Act may be used for a congres-
sional earmark as defined in clause 9, of Rule XXI of the 
rules of the House of Representatives of the 111th Con-
gress. 
Passed the House of Representatives November 18, 
2009. 
Attest: 
Clerk.