Fire Grants Reauthorization Act of 2009 - (Sec. 2) Amends the Federal Fire Prevention and Control Act of 1974 to reauthorize through FY2014 the Federal Emergency Management Agency's (FEMA's) Assistance to Firefighters Grants (AFG) program and the Staffing for Adequate Fire and Emergency Response (SAFER) program.
Modifies the scope of the AFG program, including by permitting the use of grant funds for volunteer, non-fire service emergency medical services organizations and for certifying fire and building inspectors employed by a fire department or serving as a volunteer building inspector with a fire department. Prohibits providing program funds to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations.
Increases: (1) funding for fire prevention and firefighter safety programs; and (2) maximum AFG grant amounts. Lowers matching and maintenance of expenditure requirements and authorizes the Administrator of FEMA to waive or reduce such requirements for applicants facing demonstrated economic hardship.
Revises grant allocation requirements to require 25% of grant amounts for a fiscal year to be allocated to each of: (1) career fire departments; (2) volunteer fire departments; (3) combination fire departments. Requires remaining amounts to be awarded on a competitive basis among such fire departments.
Revises grant limits based on jurisdiction populations. Sets forth new limits on awards to state fire training academies. Limits grant amounts used to obtain training to training that complies with applicable national voluntary consensus standards.
Amends SAFER program provisions to: (1) limit the period of program grants to three years; (2) require grantees to commit to retaining firefighters hired for the entire grant period, with an economic hardship exception; and (3) limit to 80% the portion of the cost of hiring firefighters for each fiscal year that may be provided under a grant.
(Sec. 3) Directs the Administrator of FEMA to make grants directly to career, volunteer, and combination fire departments for the purpose of increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards and to fulfill traditional missions of fire departments that antedate the creation of the Department of Homeland Security (DHS).
(Sec. 4) Requires the Administrator of the United States Fire Administration, in conjunction with the National Fire Protection Association, to conduct and report to Congress on a study to: (1) define the current roles and activities associated with the fire services on a national, state, regional, and local level: (2) identify the equipment, staffing, and training required to fulfill such roles and activities; (3) conduct an assessment to identify gaps between what fire departments currently possess and what they require on a national and state-by-state basis; and (4) measure the impact of the AFG program in meeting the needs and filling the gaps identified. Authorizes appropriations.
(Sec. 5) Directs the Secretary of Homeland Security to: (1) conduct a survey to ascertain whether each career fire department, volunteer fire department, and combination fire department in the United States is in compliance with the national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness; and (2) establish a Task Force to Enhance Firefighter Safety.
(Sec. 6) Prohibits using any funds appropriated to carry out this Act for a congressional earmark.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3791 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3791
To amend sections 33 and 34 of the Federal Fire Prevention and Control
Act of 1974, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 13, 2009
Mr. Mitchell (for himself, Mr. Pascrell, Mr. Hoyer, Mr. Gordon of
Tennessee, Mr. Wu, Mr. Andrews, Mr. Grayson, Mr. Tonko, Mr. Rothman of
New Jersey, Mr. Wilson of Ohio, Mr. Lipinski, Mr. Carnahan, Mr.
Costello, Mr. Peters, Mr. Holden, Ms. Shea-Porter, Ms. Hirono, Mr.
Hinchey, Mr. Michaud, Mr. Higgins, Mrs. Halvorson, Mr. Ross, Mr.
Foster, Mr. Langevin, Mr. McIntyre, Mr. Delahunt, Mrs. Lowey, Mr.
Kagen, Mr. Thompson of Mississippi, Ms. Richardson, Ms. Sutton, Mr.
Cuellar, Mrs. Kirkpatrick of Arizona, Ms. Clarke, Ms. Loretta Sanchez
of California, Mr. Lujan, Mr. Ryan of Ohio, Mrs. Blackburn, Mr.
Cleaver, Ms. Jackson-Lee of Texas, and Mr. Doyle) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend sections 33 and 34 of the Federal Fire Prevention and Control
Act of 1974, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Grants Reauthorization Act of
2009''.
SEC. 2. AMENDMENT OF FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.).
SEC. 3. ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM AMENDMENTS.
(a) Grant Recipients.--Section 33(b)(1) is amended--
(1) in subparagraph (A), by striking ``State, in
consultation'' and inserting ``State or State fire training
academies, in consultation''; and
(2) in subparagraph (C), by striking ``nonaffiliated EMS''
and inserting ``volunteer, non-fire service EMS and rescue''.
(b) Use of Grant Funds.--Section 33(b)(3) is amended--
(1) in subparagraph (B), by striking ``in firefighting,''
and by inserting ``in firefighting, emergency medical services
and other'';
(2) in subparagraph (D), by striking ``inspectors'' and
inserting ``and building inspectors employed by a fire
department or serving as a volunteer building inspector with a
fire department'';
(3) in subparagraph (F), by striking ``nonaffiliated EMS''
and inserting ``volunteer, non-fire service EMS and rescue'';
(4) in subparagraph (H), by striking ``for fighting fires
with foam in remote areas without access to water, and
equipment''; and
(5) in subparagraph (K), by striking ``codes'' and
inserting ``codes and standards''.
(c) Fire Prevention and Firefighter Safety Programs.--Section
33(b)(4) is amended--
(1) in subparagraph (A), by striking ``5 percent'' and
inserting ``10 percent''; and
(2) in subparagraph (C), by striking ``$1,000,000'' and
inserting ``$1,500,000''.
(d) Matching Requirement.--Section 33(b)(6) is amended--
(1) in subparagraph (A), by striking ``20 percent'' and
inserting ``10 percent'';
(2) by amending subparagraph B to read as follows:
``(B) Requirement for small community
organizations.--In the case of an applicant whose
personnel serve jurisdictions of 20,000 or fewer
residents, the percent applied under the matching
requirement of subparagraph (A) shall be 5 percent.'';
and
(3) in subparagraph (C), by striking ``(A)(ii)''.
(e) Maintenance of Expenditures.--Section 33(b)(7) is amended by
striking ``above the'' and inserting ``above 80 percent of the''.
(f) Variety of Fire Department Grant Recipients.--Section 33(b)(9)
is amended to read as follows:
``(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 extent that there are eligible
applicants to carry out the activities under paragraph
(3), as follows:
``(i) 25 percent shall be made available to
career fire departments;
``(ii) 25 percent shall be made available
to volunteer fire departments; and
``(iii) 25 percent shall be made available
to combination fire departments.
``(B) Priority for high population and incident
response.--In awarding grants under paragraph (1)(A),
the Director shall give priority within each category
of applicants under subparagraph (A) to an applicant
that is serving an area with high population and with a
high number of incidents requiring a response.
``(C) Remainder.--Of the amounts made available
under subsection (e) that are not allocated for use and
awarded under subparagraph (A) or designated for use
under any other provision of this section, the Director
shall provide for an open competition for grants among
career fire departments, volunteer fire departments,
and combination fire departments to carry out the
activities under paragraph (3).''.
(g) Recipient Limitations.--Section 33(b)(10) is amended--
(1) by amending subparagraph (A) to read as follows:
``(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 fiscal 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 fiscal year.
The Director may award grants in excess of the
limitations provided in clauses (i), (ii), (iii), and
(iv) if the Director determines that extraordinary need
for assistance by a jurisdiction warrants a waiver.'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraph (C) as subparagraph (B);
(4) by inserting after subparagraph (B), as redesignated by
paragraph (3) of this Act, the following new subparagraph:
``(C) State fire training academies.--
``(i) In general.--To the extent that there
are eligible applicants and in accordance with
clause (ii), the Director shall award not more
than 3 percent of the amounts made available
under subsection (e) for grants under this
subsection for State fire training academies.
``(ii) Limitation.--The Director shall not
make a grant to a State fire training academy
in excess of $1,000,000 and shall ensure that
any grant awarded to a State fire training
academy shall be used for the purposes
described in paragraphs 3(G), 3(H), and
3(I).'';
(5) in subparagraph (E)--
(A) in the heading, by striking ``Nonaffiliated
ems'' and inserting ``Volunteer, non-fire service ems
and rescue organizations''; and
(B) in the text, by striking ``nonaffiliated EMS''
and inserting ``volunteer, non-fire service EMS and
rescue'';
(6) in subparagraph (F)--
(A) in the heading, by striking ``Nonaffiliated
ems'' and inserting ``Volunteer, non-fire service ems
and rescue''; and
(B) in the text, by striking ``nonaffiliated EMS''
and inserting ``volunteer, non-fire service EMS and
rescue''; and
(7) by adding at the end the following:
``(G) Consensus standards.--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).''.
(h) Economic Hardship Waiver.--Section 33(b)(11) is amended to read
as follows:
``(11) Economic hardship waiver.--
``(A) In general.--In exceptional circumstances,
the Director may waive or reduce the matching
requirement under paragraph (6) and the maintenance of
expenditures requirement under paragraph (7) for
applicants facing demonstrated economic hardship.
``(B) Criteria development.--The criteria under
which the Director may waive or reduce such
requirements shall be developed in consultation with
individuals who are--
``(i) recognized for expertise in
firefighting, emergency medical services
provided by fire services, or the economic
affairs 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.--Criteria developed
under subparagraph (B) shall be made publicly
available.''.
(i) Guidelines.--Section 33(b)(14)(A) is amended--
(1) in clause (i), by striking ``and'' after the semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) the criteria developed under
paragraph (11) which the Director will use to
evaluate applicants for waivers from program
requirements.''.
(j) Definitions.--Section 33(d) is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) the term `career fire department' means a
firefighting department that has an all professional force of
firefighting personnel;
``(5) the term `combination fire department' means a
firefighting department that has a combined force of
professional and volunteer firefighting personnel; and
``(6) the term `volunteer fire department' means a
firefighting department that has an all volunteer force of
firefighting personnel.''.
(k) Authorization of Appropriations.--Section 33(e) is amended to
read as follows:
``(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 appropriated
pursuant to paragraph (1) for a fiscal year, the
Director may use not more than 3 percent of the funds
to cover salaries and expenses and other administrative
costs incurred by the Director to make grants and
provide assistance under this section.
``(B) Formula.--The Director shall subtract 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
subsection (b).''.
SEC. 4. EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE GRANT PROGRAM.
(a) Amendments to Subsection (a).--Section 34(a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``4 years''
and inserting ``3 years'';
(ii) in clause (ii), by striking ``1 year
beyond the termination of their grants'' and
inserting ``the entire 3 years of the grant
period''; and
(iii) by adding at the end the following
new clause:
``(iii) 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.'';
(B) in subparagraph (C), by striking ``subparagraph
(E)'' and inserting ``subparagraph (B)(iii)'';
(C) by striking subparagraph (E); and
(D) by redesignating subparagraphs (F) through (H)
as subparagraphs (E) through (G), respectively; and
(2) in paragraph (2)--
(A) by striking ``paragraph (1)(H)'' and inserting
``paragraph (1)(G)''; and
(B) by striking ``departments, and organizations on
a local or statewide'' and inserting ``departments and
organizations on a local, statewide, or national''.
(b) Amendment to Subsection (b).--Section 34(b)(3)(B) is amended by
striking ``subsection (a)(1)(B)(ii) and (F)'' and inserting
``subparagraphs (B)(ii) and (E) of such subsection''.
(c) Amendment to Subsection (c).--Section 34(c)(4) is amended to
read as follows:
``(4) Waiver.--In exceptional circumstances, the
Administrator may waive the requirements of subsections
(a)(1)(B)(ii), (a)(1)(B)(iii), and paragraphs (1) and (2) of
this subsection if the Administrator determines that the
jurisdiction is facing demonstrated economic hardship in
accordance with section 33(a)(11).''.
(d) Amendment to Subsection (e).--Section 34(e) is amended by
striking ``of this section'' each place it appears and by inserting
``of the Fire Grants Reauthorization Act of 2009''.
(e) Amendment to Subsection (i).--Section 34(i) is amended by
striking ``this section'' and all that follows through the period at
the end and inserting ``this section $1,194,000,000 for each of fiscal
years 2010 through 2014.''
(f) Technical and Conforming Amendment.--Section 34 is amended--
(1) by striking ``Administrator'' each place it appears and
inserting ``Director''; and
(2) in subsection (h)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `Director' means the Director, acting through the
Administrator;''.
<all>
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3791.
DEBATE - Pursuant to the provisions of H.Res. 909, the Committee of the Whole proceeded with 10 minutes of debate on the Titus amendment.
DEBATE - Pursuant to the provisions of H.Res. 909, the Committee of the Whole proceeded with 10 minutes of debate on the Perlmutter amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Perlmutter amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Smith (NE) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 909, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Flake amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Gordon demanded a recorded vote and the Chair postponed further proceedings on adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 909, the Committee of the Whole proceeded with 10 minutes of debate on the Holden amendment.
DEBATE - Pursuant to the provisions of H.Res. 909, the Committee of the Whole proceeded with 10 minutes of debate on the Cardoza amendment.
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Mr. Gordon (TN) moved that the Committee now rise.
On motion that the Committee now rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 3791 as unfinished business.
Considered as unfinished business. (consideration: CR H13113-13115)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3791.
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H13100-13103)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 395 - 31 (Roll no. 901).
Roll Call #901 (House)On passage Passed by the Yeas and Nays: 395 - 31 (Roll no. 901).
Roll Call #901 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.