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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2013 · Sec. 1804

Sec. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE

1,609 words·~7 min read·/statute-compilations/comps-10359/sec-1804

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## SEC. 1804 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE ###
(a)Improvements to Hiring Grants ####
(1)Term of grants Subparagraph
(B)of section 34(a)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(a)(1)) is amended to read as follows: > > ##### “(B) > > Grants made under this paragraph shall be for 3 years and be used for programs to hire new, additional firefighters.” > . ####
(2)Limitation of portion of costs of hiring firefighters Subparagraph
(E)of such section is amended to read as follows: > > ##### “(E) > > The portion of the costs of hiring firefighters provided by a grant under this paragraph may not exceed— > > > ###### “(i) > > 75 percent in the first year of the grant; > > > ###### “(ii) > > 75 percent in the second year of the grant; and > > > ###### “(iii) > > 35 percent in the third year of the grant.” > . ###
(b)Clarification Regarding Eligible Entities for Recruitment and Retention Grants The second sentence of section 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is amended by striking “organizations on a local or statewide basis” and inserting “national, State, local, or tribal organizations”. ###
(c)Maximum Amount for Hiring a Firefighter Paragraph
(4)of section 34(c) of such Act (15 U.S.C. 2229a(c)) 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— > > > ##### “(A) > > in the first year of the grant, 75 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted; > > > ##### “(B) > > in the second year of the grant, 75 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted; and > > > ##### “(C) > > in the third year of the grant, 35 percent of the usual annual cost of a first-year firefighter in that department at the time the grant application was submitted.” > . ###
(d)Waivers Section 34 of such Act (15 U.S.C. 2229a) is amended— ####
(1)by redesignating subsections
(d)through
(i)as subsections
(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 (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) Consultation > > In developing guidelines under subparagraph (A), the Administrator of FEMA shall consult 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) 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 section 34 of such Act (15 U.S.C. 2229a), 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) Submittal of information.” > . ###
(f)Report ####
(1)In general Subsection
(f)of section 34 of such Act (15 U.S.C. 2229a), 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, 2014, 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 and the Committee on Transportation and Infrastructure of the House of Representatives a report on”. ####
(2)Conforming amendment The heading for subsection
(f)of section 34 of such Act (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of this section, is amended by striking “Sunset and Reports” and inserting “Report”. ###
(g)Additional Definitions ####
(1)In general Subsection
(i)of section 34 of such Act (15 U.S.C. 2229a), 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 ‘Administrator of FEMA’, ‘career fire department’, ‘combination fire department’, and ‘volunteer fire department’ have the meanings given such terms in section 33(a).” > . ####
(2)Conforming amendment Section 34(a)(1)(A) of such Act (15 U.S.C. 2229a(a)(1)(A)) 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 section 34 of such Act (15 U.S.C. 2229a), 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 a semicolon; and #####
(C)by adding at the end the following: > > #### “(8) > > $750,000,000 for fiscal year 2013; and > > > #### “(9) > > for each of fiscal years 2014 through 2017, 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 under the rules of the Senate and the House of Representatives).” > . ###
(i)Technical Amendment Section 34 of such Act (15 U.S.C. 2229a) is amended by striking “Administrator” each place it appears (except in those places in which “Administrator of FEMA” already appears) and inserting “Administrator of FEMA”. ###
(j)Clerical Amendment Such section is further amended in the heading by striking “expansion of pre-september 11, 2001, fire grant program” and inserting the following: “staffing for adequate fire and emergency response”. ###
(k)Sunset of Authority to Award Hiring Grants Such section is further amended by adding at the end the following: > > ### “(k) Sunset of Authorities > > The authority to award assistance and grants under this section shall expire on the date that is 5 years after the date of the enactment of the Fire Grants Reauthorization Act of 2012.” > .
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Sec. 1804
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE
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