The Arson Prevention Act of 1994State Grants

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 152

RIN 3067-AC31

The Arson Prevention Act of 1994--State Grants

AGENCY: The United States Fire Administration (FEMA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would identify the eligibility criteria and

procedures for States or consortia of States to apply for arson related

grants, if funds are appropriated to support this activity. The

proposed rule would detail the evaluation criteria and anti-arson goals

that the awards are targeted to support. The intent of this proposed

rule is to notify interested parties how FEMA intends to administer

this program, and to invite comments on the proposed procedures.

DATES: We invite your comments on this proposed rule and ask that you

send any comments on or before November 4, 1994.

ADDRESSES: Send your written comments to the Rules Docket Clerk, Office

of the General Counsel, Federal Emergency Management Agency, 500 C

Street SW., Washington, D.C. 20472, (facsimile) (202) 646-4536.

FOR FURTHER INFORMATION CONTACT: Kenneth J. Kuntz, United States Fire

Administration, 16825 South Seton Ave., Emmitsburg, MD. 21727, (301)

447-1271, (facsimile) (301) 447-1102.

SUPPLEMENTARY INFORMATION: The Arson Prevention Act of 1994 (Pub. L.

103-254) amends the Fire Prevention and Control Act of 1974 (15 U.S.C.

2220) to authorize competitive grants to States or consortia of States,

for programs relating to arson research, prevention, and control. In

anticipation of appropriations being made to fund the authorized

grants, and contingent upon the availability of appropriations, FEMA is

publishing proposed rules to indicate how it would administer the grant

program.

National Environmental Policy Act

This proposed rule is excluded from the requirements of 44 CFR Part

10, Environmental Consideration, as having minimal or no effect on

environmental quality. No environmental impact assessment has been

prepared.

Regulatory Flexibility Act

I certify that this proposed rule would not have a significant

economic impact on a substantial number of small entities in accordance

with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the

proposed rule would relate to the procedures that FEMA would follow to

administer a statutorily mandated grant program, and would have no

direct effect on small business or governmental entities. The proposed

rule is not expected (1) To affect adversely the availability of grants

to small entities, (2) to have significant secondary or incidental

effects on a substantial number of small entities, nor (3) to create

and additional burden on small entities. Accordingly, no regulatory

flexibility analysis has been prepared.

Paperwork Reduction Act

This proposed rule does not involve any collection of information

for the purposes of the Paperwork Reduction Act.

Executive Order 12866, Regulatory Planning and Review

Promulgation of this proposed rule is required by statute, 15

U.S.C. 2221 et seq. To the extent possible under the statutory

requirements of 15 U.S.C. 2221 et seq. this proposed rule adheres to

the principles of regulation set forth in this Executive Order.

Executive Order 12612, Federalism

This proposed rule involves no policies that have federalism

implications under Executive Order 12612, Federalism, dated October 26,

1987.

Executive Order 12778, Civil Justice Reform

This proposed rule meets the applicable standards of section

2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 152

Administrative practice and procedure, Firefighters, Fire

prevention, Grant programs, Reporting and recordkeeping requirements.

Accordingly, FEMA proposes to add Part 152 to 44 CFR Subchapter C

to read as follows:

PART 152--STATE GRANTS FOR ARSON RESEARCH, PREVENTION, AND CONTROL

Subpart A--Purpose, Scope, Definitions

Sec.

152.1 Purpose.

152.2 Scope.

152.3 Definitions.

Subpart B--Competitive State Grants

152.4 Grant goals.

152.5 State qualification criteria.

152.6 Grant application procedures.

152.7 Available funds and application submission.

152.8 Competitive evaluation criteria.

152.9 Reporting requirements.

Subpart C--Administration

152.10 Extensions.

152.11 Technical assistance.

152.12 Consultation and cooperation.

152.13 Audits.

152.14 Penalties.

Authority: 15 U.S.C. 2221; Reorganization Plan No. 3 of 1978, 43

FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,

1979 Comp., p. 376.

Subpart A--Purpose, Scope, Definitions

Sec. 152.1 Purpose.

This part establishes the uniform administrative rules under which

States or consortia of States will request consideration for

competitive arson research, prevention and control grant award(s), and

details the associated administrative procedures which will be required

of applicants and recipients.

Sec. 152.2 Scope.

This part applies to all States or consortia of States requesting

competitive consideration of their respective proposals, and all those

States or consortia of States actually awarded arson grants under this

authority.

Sec. 152.3 Definitions.

Administrative costs means those actual expenses incurred by a

grantee to oversee and execute the specific administrative provisions

of the grant award, including as appropriate the provision of grant

related monitoring services and reporting requirements, and the nominal

purchase of necessary equipment and expendable supplies to support the

administration of the grant.

Administrator means the Administrator of the United States Fire

Administration.

Grantee means the State, consortia of States, or State and

consortia of States identified as recipients of grant awards under this

part.

Prevention and Control means the aggressive intervention

strategies, methods, and materials developed or relied upon to minimize

the occurrence and effects of arson.

Program Costs means the actually incurred expenses related to the

development, delivery, training, research or other activities proposed

and subsequently authorized by the grant award and other appropriate

controls.

Reporting Methodology is the means by which a jurisdiction provides

arson data to the National Fire Incident Reporting System (NFIRS) or

the Uniform Crime Reporting (UCR) programs.

Research means the application of conventional scientific and

statistical methods to assess a particular issue, application

methodology, intervention or mitigation strategy in an effort to

advance the collective scientific body of knowledge related to the

nation's arson problem.

Resources means tangible capability enhancements including but not

limited to the purchase of program related equipment, services,

materials, and expendable supplies.

Responsible Official means the individual specifically authorized

to act as the accountable Agent of the State for purposes of

administering the grants awarded under this part.

State means any State, the District of Columbia, the Commonwealth

of Puerto Rico, the Virgin Islands, the Canal Zone, Guam, American

Samoa, the Trust Territory of the Pacific Islands, and any other

territory or possession of the United States.

State Consortia means a cooperative and collective group of more

than one State, (or State equivalents as noted above).

Subpart B--Competitive State Grants

Sec. 152.4 Grant goals.

Grant applications for these grant awards must promote one or more

of the following 10 goals:

(a) To improve the training by States leading to professional

certification of arson investigators in accordance with nationally

recognized certification standards. Certification of arson

investigators is to be accomplished in accordance with State

guidelines, by appropriate State authorities.

(b) To provide resources for the formulation of arson task forces

or interagency organizational arrangements involving police and fire

departments and other relevant local agencies, such as a State arson

bureau and the office of a fire marshal of a State.

(c) To combat fraud as a cause of arson, and to advance research at

the State and local levels on the significance and prevention of fraud

as a motive for setting fires.

(d) To provide for the management of arson squads including:

(1) Training courses for fire departments in arson case management

including standardization of investigative techniques and reporting

methodology;

(2) The preparation of arson unit management guides; and

(3) The development and dissemination of new public education

materials relating to the arson problem; proposals should address all

three subactivities in support of the management of an arson squad.

(e) To combat civil unrest as a cause of arson, and to advance

research at the State and local levels on the prevention and control of

arson linked to urban disorders.

(f) To combat juvenile arson, such as juvenile fire setter

counseling programs and similar intervention programs, and to advance

research at the State and local levels on the prevention of juvenile

arson.

(g) To combat drug-related arson, and to advance research at the

State and local levels on the causes and prevention of drug-related

arson.

(h) To combat domestic violence as a cause of arson, and to advance

research at the State and local levels on the prevention of arson

arising from domestic violence.

(i) To combat arson in rural areas and to improve the capability of

firefighters to identify and prevent arson initiated fires in rural

areas and public forests.

(j) To improve the capability of firefighters to identify and

combat arson through expanded training programs, including:

(1) Training courses at the State fire academies; and

(2) Innovative courses at the (National Fire) Academy and made

available to volunteer firefighters through regional delivery methods,

including teleconferencing and satellite delivered television programs.

(k) Proposals addressing goals in paragraphs (a), (i), and (j) of

this section would be encouraged to rely, at least in part on training

course materials and offerings currently available through the National

Fire Academy (NFA). Proposals should specifically identify which

training components would be utilized and how they would be delivered.

In the event Course content, other than that available from the NFA is

proposed, the applicant will include copies of the proposed training

materials with the proposal.

(l) In addition, applicants should make specific reference in their

proposal(s) as to those efforts being made to provide improved and more

widely available arson training courses which demonstrate particular

emphasis on the needs of volunteer firefighters.

Sec. 152.5 State qualification criteria.

Each State or consortium of States will demonstrate by appropriate

means and provide such assurances as are deemed adequate by the

Administrator that the State, or consortium of States:

(a) Will obtain at least 25 percent of the cost(s) funded by the

grant, in cash or in kind, from non-Federal sources.

(1) State's contribution. Applicants will identify the source and

amount of their respective contribution (in cash or in kind) in the

work plan and budget detail sections of the application.

(2) Cash contributions will be sourced or certified by responsible

authority to be derived entirely from non-Federal sources.

(3) In kind contributions will be specifically detailed and clearly

demonstrate the type, nature, value and quantity of the contribution

offered to satisfy this requirement. The applicant(s) may offer current

staff in support of the contribution requirement, in so far as the

offering would not effect the restriction against decreasing the prior

levels of spending detailed in paragraph (b) of this section.

(4) In kind contributions will also be sourced and certified to be

derived from non-Federal sources.

(b) Will not as a result of receiving the grant decrease the prior

level of spending of funds of the State or consortium from non-federal

sources for arson research, prevention, and control programs. The

applicant(s) will provide a concise overview of the level of funding

dedicated to these areas for each of the two previous fiscal years.

This information will be included in the grant file and is subject to

post audit reviews. The applicant's responsible official will provide

appropriate certification that the recipient is cognizant of this

condition of award, and that no diminution of funding is to result in

such anti-arson efforts in the event of a grant award. Violation of

this grant award condition may subject the recipient to termination of

the grant, and forfeiture of unused portions of grant funds, and other

applicable administrative or criminal sanctions.

(c) Will use no more than 10 percent of the funds provided under

the grant for administrative costs of the programs. Actual

administrative cost incurred, not to exceed 10 percent for the funds

provided, may be funded through the grant. It is recognized that the

administrative costs may exceed the allocation limit, in such cases the

additional expense will be born by the recipient. Excess administrative

costs will not be considered part of the recipients required

``contribution'' as noted in paragraph (a) of this section; and

(d) Is making efforts to ensure that all local jurisdictions will

provide arson data to the National Fire Incident Reporting System

(NFIRS) or the Uniform Crime Reporting (UCR) program.

(1) The State, or consortia of States, will provide, as part of the

application process, such information as will describe its current

efforts to ensure that all local jurisdictions will provide data to

NFIRS or UCR.

(2) This description should include the current level of local

jurisdiction participation in each of the respective data collection

programs. It should detail the State's reporting criteria, and data

collection requirements, and statutory reporting mandates, if

applicable. It should specifically identify the constructive efforts

(both incentives and penalties to local jurisdiction's participation)

underway to achieve complete reporting, and identify the actions, if

any, to be taken under the proposed grant to achieve the participation

target; and

(e) Has a policy to promote actively the training of its

firefighters in cardiopulmonary resuscitation (CPR). The applicant(s)

may demonstrate their fulfillment of this requirement by providing a

true copy of the policy with the proposal, or by such other means as

would reasonably attest to the applicant's active promotion of CPR

training for all firefighters.

Sec. 152.6 Grant application procedures.

(a) Applicants, both singularly and in consortia, must format their

proposals so as to assure the grant goal(s) identified in Sec. 152.4

are clearly addressed and that the work plan descriptions of the level

of effort, program activity, and program budgets are specific to each

of the selected target goals.

(1) The legislation directs that awards be made in support of each

of the ten (10) goals enumerated in Sec. 152.4. The competitive

evaluation of the proposals will be done on a goal by goal basis, and

the grant awards will be made accordingly. In effect, all of the

proposals received that address, for example Sec. 152.4(a), will be

reviewed against the competitive evaluation criteria detailed in

Sec. 152.8 in relation to achieving that goal. The best overall

proposal will be the recipient of the award. Each of the other

proposals offered in support of each of the other goals will likewise

be assessed. The State or consortia of States may submit proposals

addressing more than one of the goals. Applicants must however insure

that the proposal detail is separable in its entirety, goal by goal.

States, or consortia of States, applying for the competitive grants

available under this section will comply with and are bound by all of

the applicable provisions of 44 CFR parts 13 and 14 with respect to the

Uniform Administrative Requirements for Grants to State Governments,

and the Administration of Grants: Audits of State Governments.

(2) [Reserved]

(b) The application will identify the requestor's status as a:

(1) State; or

(2) Consortium of States, (detailing each of the States in the

consortium).

(c) The application will specifically identify both the responsible

State organizational element (e.g., the Office of the State Fire

Marshal) and the responsible Official/Individual who will administer

the grant in the event of an award. Grant requests from consortia of

States will include this information for each of the States, and will

identify which one of these responsible Officials will serve as the

grant's administrative coordinator with USFA.

(d) The information provided will include the following:

(1) The applicant's complete organizational title;

(2) The applicant's complete mailing address;

(3) The name and title of the State's designated responsible

Official;

(4) The responsible Official's complete mailing address; and

(5) The responsible Official's telephone and facsimile numbers.

(e) The application will indicate specifically which of the 10

grant goals in Sec. 152.4 the proposed grant activities are intended to

address. Consortia proposals may propose that each of the consortia

States address a particular goal or group of goals singularly, or the

States may approach the selected goals, in part or in whole,

collectively.

(f) The application will provide specific work plans which detail

the means by which the applicant(s) intends to pursue the selected

goal's attainment through the grant. The work plan will include the

overall level of effort envisioned as a result of the proposed grant's

implementation, the specific tasks and time lines to be accomplished,

the resources both human and material that will be applied to the

effort (including the means by which the utilization of these resources

will be accounted for), and the means and methods that will be utilized

to assess and evaluate the accomplishment of the targeted goals.

(g) Each applicant will submit a detailed grant program budget

which addresses, by goal specific reference, how the grant funds, both

administrative and programmatic, will be disbursed. The grant proposal

budget element will specifically distinguish between ``administrative

costs'' and ``program costs'' consistent with the requirements noted

herein. No more than 10 percent of the funds provided under the grant

will be used for the administrative costs of the program. This

restriction does not preclude the applicant(s) from proposing a greater

level of effort or resource dedication to administrative activity, it

simply limits the costs to be supported through the grant funding. Each

of the States in a consortium may request support for actual

administrative costs of no more than 10 percent of its respective

program expenses.

Sec. 152.7 Available funds and application submission.

(a) Funds may be appropriated in Fiscal Year 1995 to support grant

awards addressing the ten (10) goals of Sec. 152.4. No grant awards

would be made in Fiscal Year 1995 or future years unless and until

funds are appropriated.

(b) Reasonable efforts will be made to award a grant addressing

each of the enumerated goals in an expeditious manner. Upon completion

of the initial competitive evaluations and the resulting grant awards,

any goal(s) yet unattended will be identified and may become the

subject of a second round of applications solicitation, consideration

and grant award(s). Grant proposals should be formatted to address

specifically the incremental use of the currently available (FY 1995)

funds, and target the possible use of FY 1996 funds if made available,

as logical programmatic extensions or replications of the activities

proposed and supported by FY 1995 funds.

(c) Following the comment period and the publishing of the final

rule incorporating these procedures, a formal announcement of grant

availability will be issued in the Federal Register. Applicants will be

afforded a period of not less than 30 and not more than 45 days,

following the formal announcement, to submit applications. It is

anticipated that the initial grant awards will be made during the first

quarter of calendar year 1995. In the event awards are not made in

support of each of the ten goals, a second Notice of Availability,

addressing the unattended goals, may be published in the Federal

Register and awards will be targeted to occur before September 30,

1995.

Sec. 152.8 Competitive evaluation criteria.

Each grant application/program proposal received will be

competitively assessed against the following criteria:

(a) The degree to which the proposal is seen to address the

targeted goal or each goal in a combination of goals;

(b) The scope and effect of the proposed initiative in relation to

the proposed program cost;

(c) The degree to which the proposed activity supports a ``model

program initiative'' suitable for replication in other jurisdictions;

(d) The degree to which the proposed activity demonstrates an

effective and efficient integration of a variety of program resources;

(e) The degree to which the proposed activity could sustain itself

upon the completion of the grant performance period;

(f) The degree to which the proposed activity would target

intervention strategies addressing high risk groups, properties, or

specific conditions.

(g) The degree to which the activity proposed would produce a

lasting anti-arson program, initiative, or other such appropriate

outcome;

(h) The degree to which the proposed activity promotes the

introduction of new technology, innovative techniques, or non-

traditional approaches to reduce the nation's arson problem;

(i) The degree to which the proposed activity relies upon the

development of inter-governmental, inter-organizational, or community

involving ``partnerships'' to promote goal attainment; and

(j) The degree to which the proposed activity supports the enhanced

ability to collect arson data.

Sec. 152.9 Reporting requirements.

(a) Each State, or consortium of States, which is the recipient of

a grant under this authority, by acceptance of the award, agrees to

provide to the satisfaction of the Administrator and in timely fashion,

any and all such documentation as may be requested or required to

detail the methods and amounts of grant funds disbursement and such

other recordkeeping, retention of records and the additional provision

of information by the Grantee as may be required by the awarding Agency

and applicable regulation.

(b) The reporting requirements will consist of primarily the two

following types:

(1) Quarterly progress and financial status reports; and

(2) Final progress report and financial status report. The final

progress report will include a summary evaluation of the program

related activities under the grant. It will identify the evaluation

methodology and the assessment values applied to critique the grant's

effectiveness in relation to achieving the targeted goal(s).

Subpart C--Administration

Sec. 152.10 Extension.

The Administrator has discretionary authority to extend the

duration of grants made under this regulation for one or more

additional periods. Grant recipients desiring an extension of the grant

performance period, will request such extensions in writing at least

sixty (60) days prior to the expiration of the grant period. The

request will include the reason for the requested extension, a

description of the effect(s) on the program if the extension is not

granted, and a statement that no additional federal funds would be

necessary to support the grant activities during the extension period.

Grant extension requests may not be utilized to request additional

funding.

Sec. 152.11 Technical assistance.

The Administrator shall provide technical assistance to States in

carrying out the program(s) funded by grants under the Act. This

assistance will consist of providing the customary and usual

information on the application process, deadlines, program and

financial reporting requirements, and related grant program activities

support. This provision is not intended to suggest that USFA will

provide other than grant related support and technical assistance.

Grant proposals should not suggest or rely upon other program related

services, staff support or monies from USFA to be any part of the

proposed grant activities, except as provided herein.

Sec. 152.12 Consultation and cooperation.

The Administrator would consult and cooperate with other Federal

agencies to enhance program effectiveness and avoid duplication of

effort, including the conduct of regular meetings initiated by the

Administrator with representatives of other Federal agencies concerned

with arson and concerned with efforts to develop a more comprehensive

profile of the magnitude of the national arson problem.

Sec. 152.13 Audits.

In accordance with applicable regulations, all the grants awarded

under part 152 of 44 CFR and all records of the recipient would be

subject to audit by appropriate Federal Emergency Management Agency

staff or other responsible authority.

Sec. 152.14 Penalties.

The recipient designated responsible official or others who provide

information or documentation to federal officials in connection with

the activities or funds authorized by or expended through these grants

are subject to, among other laws, the criminal penalties of 18 U.S.C.

287 and 1001, which punish the submission of false, fictitious or

fraudulent claims and the making of false, fictitious or fraudulent

statements. Such actions are punishable by the imposition of a fine not

to exceed $10,000.00 or imprisonment for not more than five (5) years,

or both. Such a violation may also subject the responsible official to

the civil penalties set out in 31 U.S.C. 3729 and 3730.

Dated: September 14, 1994.

James L. Witt,

Director.

[FR Doc. 94-23304 Filed 9-19-94; 8:45 am]

BILLING CODE 6718-26-P