Fire Grants Reauthorization Act of 2011 - Amends the Federal Fire Prevention and Control Act of 1974 to reauthorize through FY2016 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, and (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.
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).
Authorizes 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.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2269 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2269
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
June 22, 2011
Ms. Eddie Bernice Johnson of Texas (for herself, Mr. Pascrell, Mr. King
of New York, Mr. Reichert, Mr. Hoyer, Mr. LaTourette, Mr. Andrews, Mr.
Critz, Mr. Wu, Mr. Lujan, Mr. Lipinski, Mr. Clarke of Michigan, Mr.
Sarbanes, Mr. Michaud, and Mr. Grimm) introduced the following bill;
which was referred to the Committee on Science, Space, and Technology,
and in addition to the Committee on Homeland Security, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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
2011''.
SEC. 2. ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM REAUTHORIZATION.
(a) In General.--Section 33 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229) is amended to read as follows:
``SEC. 33. FIREFIGHTER ASSISTANCE.
``(a) Assistance Program.--
``(1) Authority.--In accordance with this section, the
Director may--
``(A) make grants on a competitive basis directly
to fire departments of a State, in consultation with
the chief executive of the State, for the purpose of
protecting the health and safety of the public and
firefighting personnel throughout the Nation against
fire and fire-related hazards;
``(B) make grants on a competitive basis directly
to State fire training academies, in consultation with
the chief executive of the State, in accordance with
paragraph (11)(C);
``(C) provide assistance for fire prevention and
firefighter safety research and development programs
and fire prevention or fire safety programs and
activities in accordance with paragraph (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 Director shall
establish specific criteria for the selection of recipients of
assistance under this section and shall provide grant-writing
assistance to applicants.
``(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 personnel.
``(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 detection, maritime firefighting, or the
handling of hazardous materials or to train
firefighting personnel to provide any of the training
described in this subparagraph.
``(C) To fund the creation of rapid intervention
teams to protect firefighting personnel at the scenes
of fires and other emergencies.
``(D) To certify fire and building inspectors
employed by a fire department or serving as a volunteer
building inspector with a fire department.
``(E) To establish wellness and fitness programs
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 vehicles,
including fire trucks.
``(H) To acquire additional firefighting equipment,
including equipment for communications, monitoring, and
response to a terrorism incident or use of a weapon of
mass destruction.
``(I) To acquire personal protective equipment
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 recruitment and
retention of volunteer firefighting personnel for
volunteer firefighting departments and other
firefighting departments that utilize volunteers.
``(4) Fire prevention and firefighter safety research and
development programs.--
``(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 departments
for the purpose described in paragraph (3)(L);
``(ii) to make grants to, or enter into
contracts or cooperative agreements with,
national, State, local, or community
organizations that are not fire departments
but--
``(I) that are recognized for their
experience and expertise with respect
to fire prevention or fire safety
programs and activities and that
partner with fire departments, for the
purpose of carrying out such programs
and activities;
``(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
respect to firefighter research and
development programs, for the purpose
of carrying out research on fire
prevention or fire safety programs and
activities 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 subsection (c).
``(B) Priority.--In selecting organizations
described in subparagraph (A)(ii) to receive assistance
under this paragraph, the Director 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
firefighter 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 Organizations for Reform Now (ACORN) or
any of its affiliates, subsidiaries, or allied
organizations.
``(5) Application.--The Director may provide assistance to
a fire department or organization (including a State fire
training academy) under this subsection only if the fire
department or organization seeking the assistance submits to
the Director an application that meets the following
requirements:
``(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
benefits, with respect to public safety, of the
use of the assistance.
``(iii) An agreement to provide information
to the national fire incident reporting 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 unnecessary duplication of grant funds.
``(6) Matching requirement.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and paragraph (8), the Director may provide
assistance under this subsection 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 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.
``(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.--Subject to paragraph
(8), the Director may provide assistance 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
applicant's aggregate expenditures for the uses described in
paragraph (3) or (4) at or above 80 percent 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 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.--The Director shall make
the criteria developed under subparagraph (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 extent that there are eligible
applicants to carry out the activities under paragraph
(3), as follows:
``(i) Twenty-five percent shall be made
available to career fire departments.
``(ii) Twenty-five percent shall be made
available to volunteer fire departments.
``(iii) Twenty-five percent shall be made
available to combination fire departments.
``(B) Evaluation criteria.--
``(i) In general.--In awarding grants under
paragraph (1)(A), the Director shall, within
each category of applicants under subparagraph
(A), consider a broad range of factors
important to the applicant's ability to respond
to fires and related hazards, such as
population served, geographic response area,
hazard vulnerability, call volume, financial
situation, and need for training or equipment.
``(ii) High population and incident
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.
``(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).
``(10) Report to the director.--The Director may provide
assistance under this subsection only if the applicant for the
assistance agrees to submit 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 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.
``(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
academy shall be used for the purposes
described 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 criteria to grant
applications from volunteer, non-fire service ems and
rescue organizations.--In reviewing applications
submitted 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 applicant for a grant
seeks to use the assistance 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 standards.
``(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 extent
practicable--
``(aa) consult with other
members of the fire services
regarding the impact on fire
departments of the requirement
to meet or exceed the specific
standard;
``(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
standard 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 Director
does not approve the primary grant
request on the grounds of the training
not meeting applicable voluntary
consensus standards.
``(12) Eligible grantee on behalf of alaska native
villages.--The Alaska Village Initiatives, 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 emergency medical services provided by fire
services, and who are not employees of the Federal Government,
for the purpose of recommending criteria for awarding 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 making any
grants under this section, the Director shall publish
in the Federal Register--
``(i) guidelines that describe the process
for applying for grants and the criteria for
awarding grants;
``(ii) an explanation of any differences
between the guidelines and the recommendations
made pursuant to paragraph (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 criteria 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 consultation 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
evaluations.
``(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.--Notwithstanding any other
provision of law, rule, regulation, or guidance, for purposes
of receiving assistance under this section, equipment costs
shall include all costs attributable to any design, purchase of
components, assembly, manufacture, and transportation of
equipment not otherwise commercially available.
``(b) Audits.--A recipient of a grant under this section 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
Director 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 institution of higher
education, a national fire service organization, or a national
fire safety organization to establish and operate a fire safety
research center.
``(2) Objectives.--A grant received under this subsection
shall be used by such an institution or organization to advance
significantly the Nation's ability 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 institution 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 institution of higher
education, a national fire service organization, or a national
fire safety organization shall submit to the Director an
application that is in such form and contains such information
and assurances as the Director may require.
``(5) General selection criteria.--The Director 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 extension
resources available to the recipient to carry out the
research, development, and technology transfer
activities.
``(B) The capability of the recipient to provide
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 proposes to
carry out under the grant.
``(6) Consideration.--The Director shall give special
consideration under paragraph (5) to an applicant for a grant
that consists of a partnership between a national fire service
organization or a national fire safety organization and at
least 1 of the following:
``(A) An institution of higher education.
``(B) A minority-serving institution (defined 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 Reauthorization Act of 2011, the
Director shall convene a workshop of the fire safety research
community, fire service organizations, and other appropriate
stakeholders 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 department that has an all
professional force of firefighting personnel.
``(2) Combination fire department.--The term `combination
fire department' means a firefighting 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 departments, 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 Higher Education Act of 1965 (20
U.S.C. 1001).
``(6) Volunteer, non-fire service ems and rescue
organization.--The term `volunteer, non-fire service EMS and
rescue organization' means a public or private nonprofit
emergency medical services organization that--
``(A) is not affiliated with a hospital;
``(B) does not serve a geographic area in which the
Director finds that emergency medical services are
adequately provided by a fire department; and
``(C) is staffed primarily by volunteers.
``(7) Volunteer fire department.--The term `volunteer fire
department' means a firefighting department that has an all
volunteer force of firefighting personnel.
``(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 2012 through 2016.
``(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
subsections (a) or (c).''.
(b) Sense of Congress.--It is the sense of Congress 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 approximately 30 percent; and
(B) the number of fire departments receiving 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 appropriations to
ensure a high level of funding for the activities under such
section 33 should be a top priority.
SEC. 3. EXPANSION OF PRE-SEPTEMBER 11, 2001, FIRE GRANT PROGRAM
REAUTHORIZATION.
Section 34 of the Federal Fire Prevention and Control 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 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.
``(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 paragraph.
``(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 Director may
provide technical assistance to States, units of local
government, Indian tribal governments, and other public
entities in furtherance 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 volunteer 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 available 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 carrying 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
competitive grant program for the recruitment and
retention of volunteer firefighters who are involved
with or trained in the operations of firefighting and
emergency response.
``(B) Eligibility.--Eligible entities shall include
volunteer or combination fire departments 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 address
the need without Federal assistance;
``(B) in the case of a grant under subsection
(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 departments for salaries and benefits to
hire new, additional firefighters shall not be used to supplant
State or local funds, or, in the case of Indian tribal
governments, 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 appropriated by the
Congress for the activities of any agency of an Indian tribal
government or the Bureau of Indian Affairs performing
firefighting functions 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 Director may waive
the requirements of subsections (a)(1)(B)(ii), (a)(1)(B)(iii), (c)(1),
and (c)(2) if the Director 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 section 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 2011.
``(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 objectives of this section. The report
may include any recommendations the Director may have for
amendments 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 submitted under this section, the Director may revoke
or suspend funding of that grant, in whole or in part.
``(h) Access to Documents.--
``(1) In general.--The Director shall have access 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 pertinent 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 provided 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 defined 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 programs 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 carrying out this section
$1,194,000,000 for each of the fiscal years 2012 through 2016.''.
SEC. 4. STUDY AND REPORT.
(a) Study on Assistance to Firefighters Grant Program.--The
Administrator of the United States Fire Administration, in conjunction
with the National Fire Protection Association, is authorized to conduct
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 the roles and activities defined under paragraph
(1);
(3) conduct an assessment to identify gaps between what
fire departments currently possess and what they require to
meet the equipment, staffing, and training needs identified
under paragraph (2) on a national and State-by-State basis; and
(4) measure the impact of the grant program under section
33 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229) in--
(A) meeting the needs of the fire services
identified in the report submitted to Congress under
section 3603(a) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005; and
(B) filling the gaps identified under paragraph
(3).
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a report on the
findings of the study described in subsection (a).
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1156)
Referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Emergency Preparedness, Response and Communications.
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