Definitions
Administrator of FEMA
The term “Administrator of FEMA” means the Administrator of FEMA, acting through the Administrator.
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 (q)(1) for such fiscal year less any funds used for administrative costs pursuant to subsection (q)(2) in such fiscal year.
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.
Combination fire department
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.
Institution of higher education
section 1001 of title 20The term “institution of higher education” has the meaning given such term in .
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.
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.
Volunteer fire department
The term “volunteer fire department” means a fire department that has an all-volunteer force of firefighting personnel.
Assistance program
Authority
Administrative assistance
Assistance to firefighters grants
In general
Maximum grant amounts
Population
Aggregate
In general
1
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).
Use of grant funds
Fire prevention and safety grants
In general
Maximum grant amount
A grant awarded under this subsection may not exceed $1,500,000 for a fiscal year.
Use of grant funds
Limitation
None of the funds made available under this subsection may be provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations.
Applications for grants
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.
Elements
Joint or regional applications
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.
Nonexclusivity
Applications under this paragraph may be submitted instead of or in addition to any other application submitted under paragraph (1).
Guidance
Peer review of grant applications
In general
The Administrator of FEMA shall, after consultation with national fire service and emergency medical services organizations, appoint fire service personnel to conduct peer reviews of applications received under subsection (e)(1).
Applicability of chapter 10 of title 5
Chapter 10 of title 5 shall not apply to activities carried out pursuant to this subsection.
Prioritization of grant awards
Allocation of grant awards
Additional requirements and limitations
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).
State fire training academies
Maximum share
Not more than 3 percent of the available grant funds for a fiscal year may be awarded under subsection (c)(1)(C).
Maximum grant amount
The Administrator of FEMA may not award a grant under subsection (c)(1)(C) to a State fire training academy in an amount that exceeds $1,000,000 in any fiscal year.
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).
Further considerations
Assistance to firefighters grants to fire departments
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.
Awarding fire prevention and safety grants to certain organizations that are not fire departments
Awarding grants for fire safety research centers
Considerations
Research needs
In general
Not later than 90 days after , the Administrator of FEMA 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.
Publication
The Administrator of FEMA shall ensure that the results of the workshop are made available to the public.
Limitations on grants for fire safety research centers
In general
The Administrator of FEMA may award grants under subsection (d) to establish not more than 3 fire safety research centers.
Recipients
An institution of higher education, a national fire service organization, and a national fire safety organization may not directly receive a grant under subsection (d) for a fiscal year for more than 1 fire safety research center.
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.
Matching and maintenance of expenditure requirements
Matching requirement for assistance to firefighters grants
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.
Exception for entities serving small communities
Matching requirement for fire prevention and safety grants
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.
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.
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.
Waiver
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.
Guidelines
In general
The Administrator of FEMA shall establish and publish guidelines for determining what constitutes economic hardship for purposes of this paragraph.
Consultation
Considerations
Certain applicants for fire prevention and safety grants
Grant guidelines
Guidelines
Annual meeting to obtain recommendations
In general
Qualified members
Applicability of chapter 10 of title 5
Chapter 10 of title 5 shall not apply to activities carried out under this subsection.
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.
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.
Training standards
section 747 of title 6If 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, including those developed under , 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.
Ensuring effective use of grants
Audits
Performance assessment
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.
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).
Annual reports to Administrator of FEMA
Not less frequently than once each year during the term of a grant awarded under this section, the recipient of the grant shall submit to the Administrator of FEMA an annual report describing how the recipient used the grant amounts.
Annual reports to Congress
In general
Additional information
The report due under subparagraph (A) on , shall also include recommendations for legislative changes to improve grants under this section.
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this section $750,000,000 for each of fiscal years 2024 through 2028.
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.
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 defined under the rules of the Senate and the House of Representatives).
Sunset of authorities
The authority to award assistance and grants under this section shall expire on .
Pub. L. 93–498, § 33Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–107, div. A, title X, § 1061115 Stat. 1231Pub. L. 108–7, div. K, title IV, § 421117 Stat. 526Pub. L. 108–169, title II, § 205117 Stat. 2040Pub. L. 108–375, div. C, title XXXVI, § 3602118 Stat. 2195Pub. L. 112–239, div. A, title XVIII, § 1803126 Stat. 2100Pub. L. 115–98, § 3131 Stat. 2239Pub. L. 117–286, § 4(a)(68)136 Stat. 4313Pub. L. 118–67, div. A, § 3138 Stat. 1447(, as added , title XVII, § 1701(a)], , , 1654A–360; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Codification
section 33 of Pub. L. 93–498section 2230 of this titleAnother was renumbered section 35 and is classified to .
Amendments
Pub. L. 118–67, § 3(b)2024—Subsec. (q)(1). , substituted “to carry out this section $750,000,000 for each of fiscal years 2024 through 2028” for “to carry out this section—” and subpars. (A) and (B) which related to amount of appropriations authorized for 2013 to 2023.
Pub. L. 118–67, § 3(a)Subsec. (r). , substituted “2030” for “2024”.
Pub. L. 117–286, § 4(a)(68)(A)2022—Subsec. (f)(2). , substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.
lPub. L. 117–286, § 4(a)(68)(B)Subsec. ()(3). , substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text.
Pub. L. 115–98, § 3(c)2018—Subsec. (c)(3)(N). , added subpar. (N).
Pub. L. 115–98, § 3(b)Subsec. (q)(1)(B). , substituted “2023” for “2017” in introductory provisions.
Pub. L. 115–98, § 3(a)Subsec. (r). , substituted “” for “the date that is 5 years after ”.
Pub. L. 112–2392013— amended section generally. Prior to amendment, section authorized grants for firefighter assistance.
Pub. L. 108–375, § 3602(1)2004—Subsec. (b)(1)(A). , inserted “throughout the Nation” after “personnel” and struck out “and” at end.
Pub. L. 108–375, § 3602(2)Subsec. (b)(1)(B). , inserted “and firefighter safety research and development” after “fire prevention” and substituted “; and” for period at end.
Pub. L. 108–375, § 3602(3)Subsec. (b)(1)(C). , added subpar. (C).
Pub. L. 108–375, § 3602(4)Subsec. (b)(3)(F). , inserted “and nonaffiliated EMS organizations” after “fire departments”.
Pub. L. 108–375, § 3602(5)(A)Subsec. (b)(4). , inserted “and firefighter safety research and development” after “prevention” in heading.
Pub. L. 108–375, § 3602(5)(B)Subsec. (b)(4)(A)(ii). , inserted “that are not fire departments and” after “community organizations”, “and firefighter research and development programs,” after “fire safety programs and activities,”, and “and research to improve firefighter health and life safety” after “fire prevention programs”.
Pub. L. 108–375, § 3602(5)(C)Subsec. (b)(4)(B). , substituted “to high risk groups from fire, as well as research programs that demonstrate the potential to improve firefighter safety” for “to children from fire”.
Pub. L. 108–375, § 3602(5)(D)Subsec. (b)(4)(C). , added subpar. (C).
Pub. L. 108–375, § 3602(6)Subsec. (b)(5)(B)(iv), (v). , added cl. (iv) and redesignated former cl. (iv) as (v).
Pub. L. 108–375, § 3602(7)Subsec. (b)(6). , added subpars. (A) to (C) and struck out former subpars. (A) and (B) which read as follows:
In general“(A) .—Subject to subparagraph (B), the Director may provide assistance under this subsection only if the applicant for the assistance agrees to match with an equal amount of non-Federal funds 30 percent of the assistance received under this subsection for any fiscal year.
Requirement for small community organizations“(B) .—In the case of an applicant whose personnel serve jurisdictions of 50,000 or fewer residents, the percent applied under the matching requirement of subparagraph (A) shall be 10 percent.”
Pub. L. 108–375, § 3602(8)(A)Subsec. (b)(10)(A). , amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “A grant recipient under this section may not receive more than $750,000 under this section for any fiscal year.”
Pub. L. 108–375, § 3602(8)(B)Subsec. (b)(10)(B) to (F). –(D), redesignated subpar. (B) as (C) and added new subpars. (B) and (D) to (F).
Pub. L. 108–375, § 3602(9)Subsec. (b)(13) to (17). , added pars. (13) to (17).
Pub. L. 108–375, § 3602(10)Subsec. (d). , amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “In this section, the term ‘State’ includes the District of Columbia and the Commonwealth of Puerto Rico.”
Pub. L. 108–375, § 3602(11)Subsec. (e)(1). , substituted “There are authorized to be appropriated for the purposes of this section $900,000,000 for fiscal year 2005, $950,000,000 for fiscal year 2006, and $1,000,000,000 for each of the fiscal years 2007 through 2009.” for “There are authorized to be appropriated $900,000,000 for each of the fiscal years 2002 through 2004 for the purposes of this section.”
Pub. L. 108–169, § 205(a)(1)2003—Subsec. (b)(2). , added par. (2) and struck out heading and text of former par. (2). Text read as follows:
Establishment“(A) .—Before providing assistance under paragraph (1), the Director shall establish an office in the Federal Emergency Management Agency to administer the assistance under this section.
Included duties“(B) .—The duties of the office shall include the following:
Recipient selection criteria“(i) .—To establish specific criteria for the selection of recipients of the assistance under this section.
Grant-writing assistance“(ii) .—To provide grant-writing assistance to applicants.”
Pub. L. 108–169, § 205(b)Subsec. (b)(3)(B). , inserted “maritime firefighting,” after “arson prevention and detection,”.
Pub. L. 108–169, § 205(c)(1)Subsec. (b)(3)(H). , inserted “equipment for fighting fires with foam in remote areas without access to water, and” after “including”.
Pub. L. 108–7Subsec. (b)(12). added par. (12).
Pub. L. 108–169, § 205(c)(2)Subsec. (e)(1). , inserted at end “Of the amounts authorized in this paragraph, $3,000,000 shall be made available each year through fiscal year 2008 for foam firefighting equipment.”
Pub. L. 108–169, § 205(a)(2)Subsec. (e)(2). , struck out “operate the office established under subsection (b)(2) of this section and” before “make grants and provide assistance under this section.”
Pub. L. 107–107, § 1061(b)2001—Subsec. (b)(3). , (c), substituted “the grant funds for one or more of the following purposes:” for “the grant funds—” in introductory provisions, capitalized the initial letter of the first word of each of subpars. (A) to (N), substituted a period for the semicolon at end of each of subpars. (A) to (L) and a period for “; or” at end of subpar. (M), inserted “(including response to a terrorism incident or use of a weapon of mass destruction)” after “emergency response” in subpar. (B), substituted “, monitoring, and response to a terrorism incident or use of a weapon of mass destruction” for “and monitoring” in subpar. (H), and inserted “, including protective equipment to respond to a terrorism incident or the use of a weapon of mass destruction” after “equipment for firefighting personnel” in subpar. (I).
Pub. L. 107–107, § 1061(a)Subsec. (e). , reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated for the purposes of this section amounts as follows:
“(1) $100,000,000 for fiscal year 2001.
“(2) $300,000,000 for fiscal year 2002.”
Statutory Notes and Related Subsidiaries
Transfer of Functions
section 315(a)(1) of Title 6For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see , Domestic Security.
section 542 of Title 6For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .
Training on Administration of Fire Grant Programs
Pub. L. 115–98, § 5131 Stat. 2240
In General .—
Requirements .—
Framework for Oversight and Monitoring of the Assistance to Firefighters Grants Program, the Fire Prevention and Safety Grants Program, and the Staffing for Adequate Fire and Emergency Response Grant Program
Pub. L. 115–98, § 6131 Stat. 2241