Fire Grants Reauthorization Act of 2011 - (Sec. 2) Amends the Federal Fire Prevention and Control Act of 1974 (Act) to modify various definitions in such Act, including changing the title of the head of the Federal Emergency Management Agency (FEMA) from Director to Administrator (the current title).
(Sec. 3) Modifies provisions of the Act authorizing the Administrator to award Assistance to Firefighters Grants (AFG grants) and Fire Prevention & Safety Grants (FP&S grants).
Sets forth new terms and conditions for awarding AFG and FP&S grants, including limits on grant amounts based upon the population of a jurisdiction receiving grants and permissible uses of grant funds. Prohibits any grant recipient from receiving more than 1% of the total available grant funding.
Directs the Administrator to appoint fire service personnel and personnel from nonaffiliated emergency medical service (EMS) organizations to conduct peer reviews of grant applications. Sets forth criteria for prioritizing and allocating grant awards based upon the degree to which an award will reduce deaths, injuries, and property damage. Establishes funding limits for emergency medical services, nonaffiliated EMS organizations, FP&S grants, state fire training academies, and for purchasing fire fighting vehicles.
Sets forth matching fund requirements for AFG and FP&S grants.
Requires the Administrator to: (1) publish guidelines in the Federal Register describing the grant application process and the criteria for selecting grant recipients, and (2) convene a meeting of qualified members of national fire service and EMS organizations to obtain recommendations on the criteria for awarding grants.
Authorizes the Administrator to audit grant recipients to ensure that grant amounts are expended for the intended purposes. Directs the Administrator to develop and implement a performance assessment system, including quantifiable metrics, to evaluate the effectiveness of grants. Requires grant recipients to submit annual reports to the Administrator describing their use of grant funds. Requires the Administrator to submit annual reports through 2016 to Congress evaluating the effectiveness of AFG and FP&S grants awarded under this Act.
Authorizes appropriations through FY2016.
Terminates the authority for making AFG and FP&S grants on October 1, 2016.
(Sec. 4) Amends Staffing for Adequate Fire and Emergency Response (SAFER) program provisions to: (1) reduce the term of SAFER grants from four to three years; (2) limit to 75% the portion of the cost of hiring firefighters provided by a grant in any fiscal year; and (3) allow a waiver, based upon economic hardship, of certain firefighter hiring and cost requirements. Directs the Administrator to establish a performance assessment system, including quantifiable performance metrics, to evaluate the effectiveness of SAFER grants. Requires the Administrator to report to specified congressional committees by September 30, 2015, on the effectiveness of the SAFER grant program in meeting its objectives. Authorizes appropriations through FY2016.
Terminates the authority to award SAFER grants and provide technical assistance on October 1, 2016.
(Sec. 5) Directs the Comptroller General to report by September 30, 2015, on the effect of this Act, including: (1) an assessment of this Act's effect on the effectiveness, relative allocation, accountability, and administration of grants awarded under the Federal Fire Prevention and Control Act of 1974; and (2) an evaluation of the extent to which the changes made by this Act have enabled recipients to mitigate fire, fire-related, and other hazards more effectively.
(Sec. 6) Requires the Inspector General of the Department of Homeland Security (DHS) to report to Congress, within 180 days after the enactment of this Act, on the grant programs administered by the Administrator, including: (1) whether and to what degree such programs provide duplicative or overlapping assistance, (2) the cost of each program, and (3) recommendations for consolidation and elimination of programs to reduce duplication of assistance.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 550 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 550
To improve the provision of assistance to fire departments, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10, 2011
Mr. Lieberman (for himself, Ms. Collins, Mr. Carper, and Mr. Brown of
Massachusetts) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve the provision of assistance to fire departments, 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. AMENDMENTS TO DEFINITIONS.
(a) In General.--Section 4 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2203) is amended--
(1) in paragraph (3), by inserting ``, except as otherwise
provided,'' after ``means'';
(2) in paragraph (4), by striking ```Director' means'' and
all that follows through ``Agency;'' and inserting
```Administrator of FEMA' means the Administrator of the
Federal Emergency Management Agency;'';
(3) in paragraph (5)--
(A) by inserting ``Indian tribe,'' after
``county,''; and
(B) by striking ``and `firecontrol''' and inserting
``and `fire control''';
(4) by redesignating paragraphs (6) through (9) as
paragraphs (7) through (10), respectively;
(5) by inserting after paragraph (5), the following:
``(6) `Indian tribe' has the meaning given that term in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b) and `tribal' means of or
pertaining to an Indian tribe;'';
(6) by redesignating paragraphs (9) and (10), as
redesignated by paragraph (4), as paragraphs (10) and (11);
(7) by inserting after paragraph (8), as redesignated by
paragraph (4), the following:
``(9) `Secretary' means, except as otherwise provided, the
Secretary of Homeland Security;''; and
(8) by amending paragraph (10), as redesignated by
paragraph (6), to read as follows:
``(10) `State' has the meaning given the term in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
(b) Conforming Amendments.--
(1) Administrator of fema.--The Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by
striking ``Director'' each place it appears and inserting
``Administrator of FEMA''.
(2) Administrator of fema's award.--Section 15 of such Act
(15 U.S.C. 2214) is amended by striking ``Director's Award''
each place it appears and inserting ``Administrator's Award''.
SEC. 3. ASSISTANCE TO FIREFIGHTER GRANTS.
Section 33 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229) is amended to read as follows:
``SEC. 33. FIREFIGHTER ASSISTANCE.
``(a) Definitions.--In this section:
``(1) Available grant funds.--The term `available grant
funds', with respect to a fiscal year, means those funds
appropriated pursuant to the authorization of appropriations in
subsection (p)(1) for such fiscal year less any funds used for
administrative costs pursuant to subsection (p)(2) in such
fiscal year.
``(2) Career fire department.--The term `career fire
department' means a fire department that has an all-paid force
of firefighting personnel other than paid-on-call firefighters.
``(3) Combination fire department.--The term `combination
fire department' means a fire department that has--
``(A) paid firefighting personnel; and
``(B) volunteer firefighting personnel.
``(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) Nonaffiliated ems organization.--The term
`nonaffiliated EMS organization' means a public or private
nonprofit emergency medical services organization that is not
affiliated with a hospital and does not serve a geographic area
in which the Administrator of FEMA finds that emergency medical
services are adequately provided by a fire department.
``(6) Paid-on-call.--The term `paid-on-call' with respect
to firefighting personnel means firefighting personnel who are
paid a stipend for each event to which they respond.
``(7) Volunteer fire department.--The term `volunteer fire
department' means a fire department that has an all-volunteer
force of firefighting personnel.
``(b) Assistance Program.--
``(1) Authority.--In accordance with this section, the
Administrator of FEMA may, in consultation with the
Administrator of the United States Fire Administration, award--
``(A) assistance to firefighters grants under
subsection (c); and
``(B) fire prevention and safety grants and other
assistance under subsection (d).
``(2) Administrative assistance.--The Administrator of FEMA
shall--
``(A) establish specific criteria for the selection
of grant recipients under this section; and
``(B) provide assistance with application
preparation to applicants for such grants.
``(c) Assistance to Firefighters Grants.--
``(1) In general.--The Administrator of FEMA may, in
consultation with the chief executives of the States in which
the recipients are located, award grants on a competitive basis
directly to--
``(A) fire departments, for the purpose of
protecting the health and safety of the public and
firefighting personnel throughout the United States
against fire, fire-related, and other hazards;
``(B) nonaffiliated EMS organizations to support
the provision of emergency medical services; and
``(C) State fire training academies for the
purposes described in subparagraphs (G), (H), and (I)
of paragraph (3).
``(2) Maximum grant amounts.--
``(A) Population.--The Administrator of FEMA may
not award a grant under this subsection in excess of
amounts as follows:
``(i) In the case of a recipient that
serves a jurisdiction with 100,000 people or
fewer, the amount of the grant awarded to such
recipient shall not exceed $1,000,000 in any
fiscal year.
``(ii) In the case of a recipient that
serves a jurisdiction with more than 100,000
people but not more than 500,000 people, the
amount of the grant awarded to such recipient
shall not exceed $2,000,000 in any fiscal year.
``(iii) In the case of a recipient that
serves a jurisdiction with more than 500,000
but not more than 1,000,000 people, the amount
of the grant awarded to such recipient shall
not exceed $3,000,000 in any fiscal year.
``(iv) In the case of a recipient that
serves a jurisdiction with more than 1,000,000
people but not more than 2,500,000 people, the
amount of the grant awarded to such recipient
shall not exceed $6,000,000 for any fiscal
year.
``(v) In the case of a recipient that
serves a jurisdiction with more than 2,500,000
people, the amount of the grant awarded to such
recipient shall not exceed $9,000,000 in any
fiscal year.
``(B) State fire training academies.--The
Administrator of FEMA may not award a grant under this
subsection to a State fire training academy in an
amount that exceeds $1,000,000 in any fiscal year.
``(C) Aggregate.--
``(i) In general.--Notwithstanding
subparagraphs (A) and (B) and except as
provided under clause (ii), the Administrator
of FEMA may not award a grant under this
subsection in a fiscal year in an amount that
exceeds the amount that is one percent of the
available grant funds in such fiscal year.
``(ii) Exception.--The Administrator of
FEMA may waive the limitation in clause (i)
with respect to a grant recipient if the
Administrator of FEMA determines that such
recipient has an extraordinary need for a grant
in an amount that exceeds the limit under
clause (i).
``(3) Use of grant funds.--Each entity receiving a grant
under this subsection shall use the grant for one or more of
the following purposes:
``(A) To train firefighting personnel in--
``(i) firefighting;
``(ii) emergency medical services and other
emergency response (including response to
natural disasters, acts of terrorism, and other
man-made disasters);
``(iii) arson prevention and detection;
``(iv) maritime firefighting; or
``(v) the handling of hazardous materials.
``(B) To train firefighting personnel to provide
any of the training described under subparagraph (A).
``(C) To fund the creation of rapid intervention
teams to protect firefighting personnel at the scenes
of fires and other emergencies.
``(D) To certify--
``(i) fire inspectors; and
``(ii) building inspectors--
``(I) whose responsibilities
include fire safety inspections; and
``(II) who are employed by or
serving as volunteers with a fire
department.
``(E) To establish wellness and fitness programs
for firefighting personnel to ensure that the
firefighting personnel are able to carry out their
duties as firefighters.
``(F) To fund emergency medical services provided
by fire departments and nonaffiliated EMS
organizations.
``(G) To acquire additional firefighting vehicles,
including fire trucks and other apparatus.
``(H) To acquire additional firefighting equipment,
including equipment for--
``(i) fighting fires with foam in remote
areas without access to water; and
``(ii) communications, monitoring, and
response to a natural disaster, act of
terrorism, or other man-made disaster,
including the use of a weapon of mass
destruction.
``(I) To acquire personal protective equipment,
including personal protective equipment--
``(i) prescribed for firefighting personnel
by the Occupational Safety and Health
Administration of the Department of Labor; or
``(ii) for responding to a natural disaster
or act of terrorism or other man-made disaster,
including the use of a weapon of mass
destruction.
``(J) To modify fire stations, fire training
facilities, and other facilities to protect the health
and safety of firefighting personnel.
``(K) To educate the public about arson prevention
and detection.
``(L) To provide incentives for the recruitment and
retention of volunteer firefighting personnel for
volunteer firefighting departments and other
firefighting departments that utilize volunteers.
``(M) To support such other activities, consistent
with the purposes of this subsection, as the
Administrator of FEMA determines appropriate.
``(d) Fire Prevention and Safety Grants.--
``(1) In general.--For the purpose of assisting fire
prevention programs and supporting firefighter health and
safety research and development, the Administrator of FEMA may,
on a competitive basis--
``(A) award grants to fire departments;
``(B) award grants to, or enter into contracts or
cooperative agreements with, national, State, local,
tribal, or nonprofit organizations that are not fire
departments and that are recognized for their
experience and expertise with respect to fire
prevention or fire safety programs and activities and
firefighter research and development programs, for the
purpose of carrying out--
``(i) fire prevention programs; and
``(ii) research to improve firefighter
health and life safety; and
``(C) award grants to, or enter into contracts
with, regionally accredited institutions of higher
education and national fire service organizations or
national fire safety organizations to support joint
programs focused on reducing firefighter fatalities and
non-fatal injuries, including programs for establishing
fire safety research centers as the Administrator of
FEMA determines appropriate.
``(2) Maximum grant amount.--A grant awarded under this
subsection may not exceed $1,500,000 for a fiscal year.
``(3) Use of grant funds.--Each entity receiving a grant
under this subsection shall use the grant for one or more of
the following purposes:
``(A) To enforce fire codes and promote compliance
with fire safety standards.
``(B) To fund fire prevention programs.
``(C) To fund wildland fire prevention programs,
including education, awareness, and mitigation programs
that protect lives, property, and natural resources
from fire in the wildland-urban interface.
``(D) In the case of a grant awarded under
paragraph (1)(C), to fund the establishment or
operation of--
``(i) a fire safety research center; or
``(ii) a program at such a center.
``(E) To support such other activities, consistent
with the purposes of this subsection, as the
Administrator of FEMA determines appropriate.
``(e) Applications for Grants.--
``(1) In general.--An entity seeking a grant under this
section shall submit to the Administrator of FEMA an
application therefor in such form and in such manner as the
Administrator of FEMA determines appropriate.
``(2) Elements.--Each application submitted under paragraph
(1) shall include the following:
``(A) A description of the financial need of the
applicant for the grant.
``(B) An analysis of the costs and benefits, with
respect to public safety, of the use for which a grant
is requested.
``(C) An agreement to provide information to the
national fire incident reporting system for the period
covered by the grant.
``(D) A list of other sources of funding received
by the applicant--
``(i) for the same purpose for which the
application for a grant under this section was
submitted; or
``(ii) from the Federal Government for
other fire-related purposes.
``(E) Such other information as the Administrator
of FEMA determines appropriate.
``(3) Joint or regional applications.--
``(A) In general.--Two or more entities may submit
an application under paragraph (1) for a grant under
this section to fund a joint program or initiative,
including acquisition of shared equipment or vehicles.
``(B) Nonexclusivity.--Applications under this
paragraph may be submitted instead of or in addition to
any other application submitted under paragraph (1).
``(C) Guidance.--The Administrator of FEMA shall--
``(i) publish guidance on applying for and
administering grants awarded for joint programs
and initiatives described in subparagraph (A);
and
``(ii) encourage applicants to apply for
grants for joint programs and initiatives
described in subparagraph (A) as the
Administrator of FEMA determines appropriate to
achieve greater cost effectiveness and regional
efficiency.
``(f) Peer Review of Grant Applications.--
``(1) In general.--The Administrator of FEMA shall, after
consultation with national fire service and emergency medical
services organizations, appoint fire service personnel and
personnel from nonaffiliated EMS organizations to conduct peer
reviews of applications received under subsection (e)(1).
``(2) Assignment of reviews.--In administering the peer
review process under paragraph (1), the Administrator of FEMA
shall ensure that--
``(A) applications submitted by career fire
departments are reviewed primarily by personnel from
career fire departments;
``(B) applications submitted by volunteer fire
departments are reviewed primarily by personnel from
volunteer fire departments;
``(C) applications submitted by combination fire
departments and fire departments using paid-on-call
firefighting personnel are reviewed primarily by
personnel from such fire departments; and
``(D) applications for grants to fund emergency
medical services pursuant to subsection (c)(3)(F) are
reviewed primarily by emergency medical services
personnel, including--
``(i) emergency medical service personnel
affiliated with fire departments; and
``(ii) personnel from nonaffiliated EMS
organizations.
``(3) Review of applications for fire prevention and safety
grants submitted by nonprofit organizations that are not fire
departments.--In conducting a review of an application
submitted under subsection (e)(1) by a nonprofit organization
described in subsection (d)(1)(B), a peer reviewer may not
recommend the applicant for a grant under subsection (d) unless
such applicant is recognized for its experience and expertise
with respect to--
``(A) fire prevention or safety programs and
activities; or
``(B) firefighter research and development
programs.
``(4) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to activities carried out pursuant to this subsection.
``(g) Prioritization and Allocation of Grant Awards.--In awarding
grants under this section, the Administrator of FEMA shall--
``(1) consider the findings and recommendations of the peer
reviews carried out under subsection (f);
``(2) consider the degree to which an award will reduce
deaths, injuries, and property damage by reducing the risks
associated with fire-related and other hazards;
``(3) consider the extent of the need of an applicant for a
grant under this section and the need to protect the United
States as a whole;
``(4) consider the number of calls requesting or requiring
a fire fighting or emergency medical response received by an
applicant; and
``(5) ensure that of the available grant funds--
``(A) not less than 25 percent are awarded to
career fire departments;
``(B) not less than 25 percent are awarded to
volunteer fire departments; and
``(C) not less than 25 percent are awarded to
combination fire departments and fire departments using
paid-on-call firefighting personnel.
``(h) Additional Requirements and Limitations.--
``(1) Funding for emergency medical services.--Not less
than 3.5 percent of the available grant funds for a fiscal year
shall be awarded under this section for purposes described in
subsection (c)(3)(F).
``(2) Grant awards to nonaffiliated ems organizations.--Not
more than 2 percent of the available grant funds for a fiscal
year shall be awarded under this section to nonaffiliated EMS
organizations.
``(3) Funding for fire prevention and safety grants.--For
each fiscal year, not less than 10 percent of the aggregate of
grant amounts under this section in that fiscal year shall be
awarded under subsection (d).
``(4) State fire training academies.--Not more than 3
percent of the available grant funds for a fiscal year shall be
awarded under subsection (c)(1)(C).
``(5) Amounts for purchasing firefighting vehicles.--Not
more than 25 percent of the available grant funds for a fiscal
year may be used to assist grant recipients to purchase
vehicles pursuant to subsection (c)(3)(G).
``(i) Further Considerations.--
``(1) Assistance to firefighters grants to fire
departments.--In considering applications for grants under
subsection (c)(1)(A), the Administrator of FEMA shall consider
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.
``(2) Applications from nonaffiliated ems organizations.--
In the case of an application submitted under subsection (e)(1)
by a nonaffiliated EMS organization, the Administrator of FEMA
shall consider the extent to which other sources of Federal
funding are available to the applicant to provide the
assistance requested in such application.
``(3) Awarding fire prevention and safety grants to certain
organizations that are not fire departments.--In the case of
applicants for grants under this section who are described in
subsection (d)(1)(B), the Administrator of FEMA shall give
priority to applicants who focus on--
``(A) prevention of injuries to high risk groups
from fire; and
``(B) research programs that demonstrate a
potential to improve firefighter safety.
``(4) Avoiding duplication.--The Administrator of FEMA
shall review lists submitted by applicants pursuant to
subsection (e)(2)(D) and take such actions as the Administrator
of FEMA considers necessary to prevent unnecessary duplication
of grant awards.
``(j) Matching and Maintenance of Expenditure Requirements.--
``(1) Matching requirement for assistance to firefighters
grants.--
``(A) In general.--Except as provided in
subparagraph (B), an applicant seeking a grant to carry
out an activity under subsection (c) shall agree to
make available non-Federal funds to carry out such
activity in an amount equal to not less than 15 percent
of the grant awarded to such applicant under such
subsection.
``(B) Exception for entities serving small
communities.--In the case that an applicant seeking a
grant to carry out an activity under subsection (c)
serves a jurisdiction of--
``(i) more than 20,000 residents but not
more than 50,000 residents, the applicant shall
agree to make available non-Federal funds in an
amount equal to not less than 10 percent of the
grant award to such applicant under such
subsection; or
``(ii) 20,000 residents or fewer, the
applicant shall agree to make available non-
Federal funds in an amount equal to not less
than 5 percent of the grant awarded to such
applicant under such subsection.
``(2) Matching requirement for fire prevention and safety
grants.--
``(A) In general.--An applicant seeking a grant to
carry out an activity under subsection (d) shall agree
to make available non-Federal funds to carry out such
activity in an amount equal to not less than 5 percent
of the grant awarded to such applicant under such
subsection.
``(B) Means of matching.--An applicant for a grant
under subsection (d) may meet the matching requirement
under subparagraph (A) through direct funding, funding
of complementary activities, or the provision of staff,
facilities, services, material, or equipment.
``(3) Maintenance of expenditures.--An applicant seeking a
grant under subsection (c) or (d) shall agree to maintain
during the term of the grant the applicant's aggregate
expenditures relating to the uses described in subsections
(c)(3) and (d)(3) at not less than 80 percent of the average
amount of such expenditures in the 2 fiscal years preceding the
fiscal year in which the grant amounts are received.
``(4) Waiver.--
``(A) In general.--Except as provided in
subparagraph (C)(ii), the Administrator of FEMA may
waive or reduce the requirements of paragraphs (1),
(2), and (3) in cases of demonstrated economic
hardship.
``(B) Guidelines.--
``(i) In general.--The Administrator of
FEMA shall establish and publish guidelines for
determining what constitutes economic hardship
for purposes of this paragraph.
``(ii) Considerations.--In developing
guidelines under clause (i), the Administrator
of FEMA shall consider, with respect to
relevant communities, the following:
``(I) Changes in rates of
unemployment from previous years.
``(II) Whether the rates of
unemployment of the relevant
communities are currently and have
consistently exceeded the annual
national average rates of unemployment.
``(III) Changes in percentages of
individuals eligible to receive food
stamps from previous years.
``(IV) Such other factors as the
Administrator of FEMA considers
appropriate.
``(C) Certain applicants for fire prevention and
safety grants.--The authority under subparagraph (A)
shall not apply with respect to a nonprofit
organization that--
``(i) is described in subsection (d)(1)(B);
and
``(ii) is not a fire department or
emergency medical services organization.
``(k) Grant Guidelines.--
``(1) Guidelines.--For each fiscal year, prior to awarding
any grants under this section, the Administrator of FEMA shall
publish in the Federal Register--
``(A) guidelines that describe--
``(i) the process for applying for grants
under this section; and
``(ii) the criteria that will be used for
selecting grant recipients; and
``(B) an explanation of any differences between
such guidelines and the recommendations obtained under
paragraph (2).
``(2) Annual meeting to obtain recommendations.--
``(A) In general.--For each fiscal year, the
Administrator of FEMA shall convene a meeting of
qualified members of national fire service
organizations and qualified members of emergency
medical service organizations to obtain recommendations
regarding the following:
``(i) Criteria for the awarding of grants
under this section.
``(ii) Administrative changes to the
assistance program established under subsection
(b).
``(B) Qualified members.--For purposes of this
paragraph, a qualified member of an organization is a
member who--
``(i) is recognized for expertise in
firefighting or emergency medical services;
``(ii) is not an employee of the Federal
Government; and
``(iii) in the case of a member of an
emergency medical service organization, is a
member of an organization that represents--
``(I) providers of emergency
medical services that are affiliated
with fire departments; or
``(II) nonaffiliated EMS providers.
``(3) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to activities carried out pursuant to this subsection.
``(l) Accounting Determination.--Notwithstanding any other
provision of law, for purposes of 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.
``(m) Eligible Grantee on Behalf of Alaska Native Villages.--The
Alaska Village Initiatives, a non-profit organization incorporated in
the State of Alaska, shall be eligible to apply for and receive a grant
or other assistance under this section on behalf of Alaska Native
villages.
``(n) Training Standards.--If an applicant for a grant under this
section is applying for such grant to purchase training that does not
meet or exceed any applicable national voluntary consensus standards
developed under section 647 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 747), the applicant shall submit to the
Administrator of FEMA an explanation of the reasons that the training
proposed to be purchased will serve the needs of the applicant better
than training that meets or exceeds such standards.
``(o) Ensuring Effective Use of Grants.--
``(1) Audits.--The Administrator of FEMA may audit a
recipient of a grant awarded under this section to ensure
that--
``(A) the grant amounts are expended for the
intended purposes; and
``(B) the grant recipient complies with the
requirements of subsection (j).
``(2) Performance assessment.--
``(A) In general.--The Administrator of FEMA shall
develop and implement a performance assessment system,
including quantifiable performance metrics, to evaluate
the extent to which grants awarded under this section
are furthering the purposes of this section, including
protecting the health and safety of the public and
firefighting personnel against fire and fire-related
hazards.
``(B) Consultation.--The Administrator of FEMA
shall consult with fire service representatives and
with the Comptroller General of the United States in
developing the assessment system required by
subparagraph (A).
``(3) Annual reports to administrator of fema.--The
recipient of a grant awarded under this section shall submit to
the Administrator of FEMA an annual report describing how the
recipient used the grant amounts.
``(4) Annual reports to congress.--
``(A) In general.--Not later than September 30,
2012, and each year thereafter through 2016, the
Administrator of FEMA shall submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Science and Technology of
the House of Representatives a report that provides--
``(i) information on the performance
assessment system developed under paragraph
(2); and
``(ii) using the performance metrics
developed under such paragraph, an evaluation
of the effectiveness of the grants awarded
under this section.
``(B) Additional information.--The report due under
subparagraph (A) on September 30, 2015, shall also
include recommendations for legislative changes to
improve grants under this section, including
recommendations as to whether the provisions described
in section 5(a) of the Fire Grants Reauthorization Act
of 2011 should be extended to apply on and after the
date described in such section.
``(p) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $950,000,000 for fiscal year 2012; and
``(B) for each of fiscal years 2013 through 2016,
an amount equal to the amount authorized for the
previous fiscal year increased by the percentage by
which--
``(i) the Consumer Price Index (all items,
United States city average) for the previous
fiscal year, exceeds
``(ii) the Consumer Price Index for the
fiscal year preceding the fiscal year described
in clause (i).
``(2) Administrative expenses.--Of the amounts appropriated
pursuant to paragraph (1) for a fiscal year, the Administrator
of FEMA may use not more than 5 percent of such amounts for
salaries and expenses and other administrative costs incurred
by the Administrator of FEMA in the course of awarding grants
and providing assistance under this section.
``(3) Congressionally directed spending.--Consistent with
the requirements in subsections (c)(1) and (d)(1) that grants
under those subsections be awarded on a competitive basis, none
of the funds appropriated pursuant to this subsection may be
used for any congressionally directed spending item (as such
term is defined in paragraph 5(a) of rule XLIV of the Standing
Rules of the Senate).''.
SEC. 4. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.
(a) Improvements to Hiring Grants.--
(1) Term of grants.--Subsection (a)(1)(B) of section 34 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229a) is amended by striking ``4 years'' and inserting ``3
years''.
(2) Limitation on portion of costs of hiring
firefighters.--Subsection (a)(1)(E) of such section 34 is
amended by striking ``not exceed--'' and all that follows
through the period and inserting ``not exceed 75 percent in any
fiscal year.''.
(b) Clarification Regarding Eligible Entities for Recruitment and
Retention Grants.--The second sentence of subsection (a)(2) of such
section 34 is amended by striking ``organizations on a local or
statewide basis'' and inserting ``national, State, local, or tribal
organizations''.
(c) Maximum Amount for Hiring Firefighter.--Paragraph (4) of
subsection (c) of such section 34 is amended to read as follows:
``(4) The amount of funding provided under this section to a
recipient fire department for hiring a firefighter in any fiscal year
may not exceed 75 percent of the usual annual cost of a first-year
firefighter in that department at the time the grant application was
submitted.''.
(d) Waivers.--Such section 34 is further amended--
(1) by redesignating subsections (d) through (i) as
subsection (e) through (j), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Waivers.--
``(1) In general.--In a case of demonstrated economic
hardship, the Administrator of FEMA may--
``(A) waive the requirements of subsection
(a)(1)(B)(ii) or subsection (c)(1); or
``(B) waive or reduce the requirements in
subsection (a)(1)(E) or subsection (c)(2).
``(2) Guidelines.--
``(A) In general.--The Administrator of FEMA shall
establish and publish guidelines for determining what
constitutes economic hardship for purposes of paragraph
(1).
``(B) Considerations.--In developing guidelines
under subparagraph (A), the Administrator of FEMA shall
consider, with respect to relevant communities, the
following:
``(i) Changes in rates of unemployment from
previous years.
``(ii) Whether the rates of unemployment of
the relevant communities are currently and have
consistently exceeded the annual national
average rates of unemployment.
``(iii) Changes in percentages of
individuals eligible to receive food stamps
from previous years.
``(iv) Such other factors as the
Administrator of FEMA considers appropriate.''.
(e) Improvements to Performance Evaluation Requirements.--
Subsection (e) of such section 34, as redesignated by subsection (d)(1)
of this section, is amended by inserting before the first sentence the
following:
``(1) In general.--The Administrator of FEMA shall
establish a performance assessment system, including
quantifiable performance metrics, to evaluate the extent to
which grants awarded under this section are furthering the
purposes of this section.
``(2) Submission of information.--''.
(f) Report.--
(1) In general.--Subsection (f) of such section 34, as
redesignated by subsection (d)(1) of this section, is amended
by striking ``The authority'' and all that follows through
``Congress concerning'' and inserting the following: ``Not
later than September 30, 2015, the Administrator of FEMA shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Science and
Technology of the House of Representatives a report on''.
(2) Conforming amendment.--The heading for such subsection
(f) is amended by striking ``Sunset and Reports'' and inserting
``Report''.
(g) Additional Definitions.--
(1) In general.--Subsection (i) of such section 34, as
redesignated by subsection (d)(1) of this section, is amended--
(A) in the matter before paragraph (1), by striking
``In this section, the term--'' and inserting ``In this
section:'';
(B) in paragraph (1)--
(i) by inserting ``The term'' before
```firefighter' has''; and
(ii) by striking ``; and'' and inserting a
period;
(C) by striking paragraph (2); and
(D) by inserting at the end the following:
``(2) The terms `career fire department', `combination fire
department', and `volunteer fire department' have the meaning
given such terms in section 33(a).''.
(2) Conforming amendment.--Subsection (a)(1)(A) of such
section 34 is amended by striking ``career, volunteer, and
combination fire departments'' and inserting ``career fire
departments, combination fire departments, and volunteer fire
departments''.
(h) Authorization of Appropriations.--
(1) In general.--Subsection (j) of such section 34, as
redesignated by subsection (d)(1) of this section, is amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(8) $950,000,000 for fiscal year 2012; and
``(9) for each of fiscal years 2013 through 2016, an amount
equal to the amount authorized for the previous fiscal year
increased by the percentage by which--
``(A) the Consumer Price Index (all items, United
States city average) for the previous fiscal year,
exceeds
``(B) the Consumer Price Index for the fiscal year
preceding the fiscal year described in subparagraph
(A).''.
(2) Administrative expenses.--Such subsection (j) is
further amended--
(A) in paragraph (9), as added by paragraph (1) of
this subsection, by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and moving
the left margin of such clauses, as so redesignated, 2
ems to the right;
(B) by redesignating paragraphs (1) through (9) as
subparagraphs (A) through (I), respectively, and moving
the left margin of such subparagraphs, as so
redesignated, 2 ems to the right;
(C) by striking ``There are'' and inserting the
following:
``(1) In general.--There are''; and
(D) by adding at the end the following:
``(2) Administrative expenses.--Of the amounts appropriated
pursuant to paragraph (1) for a fiscal year, the Administrator
of FEMA may use not more than 5 percent of such amounts to
cover salaries and expenses and other administrative costs
incurred by the Administrator of FEMA to make grants and
provide assistance under this section.''.
(3) Congressionally directed spending.--Such subsection (j)
is further amended by adding at the end the following:
``(3) Congressionally directed spending.--Consistent with
the requirement in subsection (a) that grants under this
section be awarded on a competitive basis, none of the funds
appropriated pursuant to this subsection may be used for any
congressionally direct spending item (as defined in paragraph
5(a) of Rule XLIV of the Standing Rules of the Senate).''.
(i) Technical Amendment.--Such section 34 is amended--
(1) in subsection (a), in paragraphs (1)(A) and (2), by
striking ``Administrator shall'' and inserting ``Administrator
of FEMA shall, in consultation with the Administrator,''; and
(2) by striking ``Administrator'' each place it appears,
other than in subsection (a)(1)(A) and (a)(2), and inserting
``Administrator of FEMA''.
(j) Clerical Amendment.--Section 34 of such Act (15 U.S.C. 2229a)
is amended by striking ``expansion of pre-september 11, 2001, fire
grant program'' and inserting the following: ``staffing for adequate
fire and emergency response''.
SEC. 5. SUNSET AND PRIOR PROVISIONS.
(a) Sunset.--Section 3 and subsections (a), (c), (d), (e), (f),
(g), and (h) of section 4, and the amendments made by such section and
subsections shall not apply on or after October 1, 2016.
(b) Application of Prior Law.--On and after October 1, 2016,
sections 33 and 34 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229 and 2229a) are amended to read as such sections
read on the day before the date of the enactment of this Act, except
that the amendments made by subsections (b), (i), and (j) of section 4
shall continue to apply to such section 34.
SEC. 6. REPORT.
Not later than September 30, 2015, the Comptroller General of the
United States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Science and
Technology of the House of Representatives a report on the effect of
the amendments made by this Act. Such report shall include the
following:
(1) An assessment of the effect of the amendments made by
sections 3 and 4 on the effectiveness, relative allocation,
accountability, and administration of the grants awarded under
sections 33 and 34 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a) after the date of the
enactment of this Act.
(2) An evaluation of the extent to which the amendments
made by sections 3 and 4 have enabled recipients of grants
awarded under such sections 33 and 34 after the date of the
enactment of this Act to mitigate fire and fire-related and
other hazards more effectively.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1551)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S1551-1555)
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with amendments favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 112-28.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 112-28.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 89.
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