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                                                   Calendar No. 168

115th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 115-128
______________________________________________________________________

                AFG AND SAFER PROGRAM REAUTHORIZATION ACT OF 2017

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                 S. 829

          TO REAUTHORIZE THE ASSISTANCE TO FIREFIGHTERS GRANTS
             PROGRAM, THE FIRE PREVENTION AND SAFETY GRANTS
            PROGRAM, AND THE STAFFING FOR ADEQUATE FIRE AND
        EMERGENCY RESPONSE GRANT PROGRAM, AND FOR OTHER PURPOSES

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 July 11, 2017.--Ordered to be printed
                 
                                __________
		                              
		                              
		     U.S. GOVERNMENT PUBLISHING OFFICE                    
                           WASHINGTON : 2017       
                 
                 
                 
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio                    THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky                  JON TESTER, Montana
JAMES LANKFORD, Oklahoma             HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming             GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota            MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana                KAMALA D. HARRIS, California

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
        Natalie F. Enclade, U.S. Department of Homeland Security
                Office of the Inspector General Detailee
               Margaret E. Daum, Minority Staff Director
               Stacia M. Cardille, Minority Chief Counsel
       Charles A. Moskowitz, Minority Senior Legislative Counsel
                    Sue Ramanathan, Minority Counsel
                     Laura W. Kilbride, Chief Clerk




                                                   Calendar No. 168

115th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 115-128
______________________________________________________________________
 
           AFG AND SAFER PROGRAM REAUTHORIZATION ACT OF 2017

                                _______
                                

                 July 11, 2017.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 829]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 829) to reauthorize 
the Assistance to Firefighters Grants program, the Fire 
Prevention and Safety Grants program, and the Staffing for 
Adequate Fire and Emergency Response grant program, and for 
other purposes, reports favorably thereon with an amendment in 
the nature of a substitute and recommends that the bill, as 
amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
 IV. Section-by-Section Analysis......................................4
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............7

                         I. Purpose and Summary

    S. 829, the AFG and SAFER Program Reauthorization Act of 
2017, reauthorizes the Assistance to Firefighters Grants (AFG) 
program and the Staffing for Adequate Fire and Emergency 
Response (SAFER) grant program through fiscal year (FY) 2023. 
Additionally, the legislation incorporates important tools to 
improve the grant programs' accountability to Congress and the 
American taxpayers.

              II. Background and the Need for Legislation


Reauthorization

    Congress created the AFG and SAFER grant programs to help 
address the significant staffing, equipment, training, and 
health and safety needs of fire departments. SAFER provides 
funding to help pay the costs associated with hiring personnel 
to maintain safe staffing levels, while AFG grants fund 
equipment, training and other fire department needs. Together, 
these programs help ensure that our nation's 30,000 fire 
departments have the necessary training, equipment, and 
staffing to respond to over 30 million emergency calls annually 
and to continue to reduce community risk.\1\
---------------------------------------------------------------------------
    \1\See National Fire Protection Association, Fire department calls, 
available at http://www.nfpa.org/news-and-research/fire-statistics-and-
reports/fire-statistics/the-fire-service/fire-department-calls/fire-
department-calls (last visited July 6, 2017).
---------------------------------------------------------------------------
    Congress created the AFG program in 2000\2\ reauthorized it 
in 2004\3\ and again in the FY2013 National Defense 
Authorization Act.\4\ The primary goal of the AFG grant program 
is to meet the firefighting and emergency response needs of 
fire departments and nonaffiliated emergency medical service 
organizations by providing funds for the purchase of 
firefighting equipment, vehicles, training, or wellness and 
fitness programs.\5\ Fire Prevention and Safety (FP&S;) grants 
are part of the AFG. The primary goal of these grants is to 
reduce injury and prevent death among high-risk populations. 
Congress reauthorized funding for FP&S; in 2005 and expanded the 
eligible uses of funds to include Firefighter Safety Research 
and Development.\6\
---------------------------------------------------------------------------
    \2\FY2001 National Defense Authorization Act (P.L. 106-398), 
section 1701.
    \3\Ronald W. Reagan National Defense Authorization Act for FY2005, 
P.L. 108-375, section 3602.
    \4\National Defense Authorization Act for FT2013, P.L. 112-239, 
Section 1803.
    \5\The provisions governing the program are codified in section 33 
of the Federal Fire Prevention and Control Act of 1974 (FFPCA), 15 
U.S.C. 2229; see also Federal Emergency Management Agency, Assistance 
to Firefighters Grant Program (2017), available at https://
www.fema.gov/welcome-assistance-firefighters-grant-program.
    \6\P.L. 108-375, section 3602 (2005).
---------------------------------------------------------------------------
    In 2002, the U.S. Fire Administration conducted a Needs 
Assessment of the U.S. Fire Service and found that many 
departments nationwide were lacking the minimum number of 
firefighters to safely fight building, vehicle, and other 
structure fires.\7\ To help alleviate these identified 
challenges, Congress created the SAFER program in 2003 to 
provide funding directly to fire departments and volunteer 
firefighter organizations to help them increase or maintain the 
number of trained, ``front line'' firefighters available in 
their communities.\8\
---------------------------------------------------------------------------
    \7\U.S. Fire Admin., A Needs Assessment of the U.S. Fire Service, 
FA-240, Nov. 2016, p. iv, available at http://www.nfpa.org/news-and-
research/fire-statistics-and-reports/fire-statistics/the-fire-service/
administration/needs-assessment.
    \8\FY2004 National Defense Authorization Act (P.L. 108-136). It is 
codified as section 34 of the FFPCA, 15 U.S.C 2229a.
---------------------------------------------------------------------------
    The National Fire Protection Association (NFPA) minimum 
standards call for four on-duty firefighters on a fire engine 
or pumper.\9\ Many jurisdictions still cannot meet that 
standard. For example, 51 percent of fire departments 
protecting populations of 250,000 to 499,999 assign less than 
four firefighters to an apparatus, as do 80 percent of fire 
departments protecting populations of 50,000 to 99,000.\10\
---------------------------------------------------------------------------
    \9\Nat'l. Fire Protection Assoc., Standard for the Organization and 
Deployment of Fire Suppression Operations, Emergency Medical 
Operations, and Special Operations to the Public by Career Fire 
Departments (NFPA 1710). Available at http://www.nfpa.org/codes-and-
standards/all-codes-and-standards/list-of-codes-and-standards/
detail?code=1710.
    \10\Letter from International Association of Fire Chiefs to Sen. 
Gary Peters (May 9, 2017).
---------------------------------------------------------------------------
    The current authorization for the AFG and SAFER grant 
programs contains a sunset provision that would permanently 
eliminate both programs on January 2, 2018.\11\ Given the 
importance of these grant programs to emergency response, S. 
829 eliminates the sunset provision, and authorizes the 
programs through FY 2023. In place of the sunset, oversight 
mechanisms have been added to require the Federal Emergency 
Management Agency (FEMA) to better manage and monitor these 
grants, as discussed below.
---------------------------------------------------------------------------
    \11\15 U.S.C. 2229.
---------------------------------------------------------------------------

Accountability

    Although the AFG and SAFER programs are important and 
necessary for enhancing the ability for fire departments to 
protect the public from fires and other hazards, the Department 
of Homeland Security Office of Inspector General (DHS OIG) has 
alerted Congress to problems with FEMA's oversight and 
monitoring of these grants programs.\12\ According to the DHS 
OIG, 64 percent (243 of 379) of AFG grant recipients reviewed 
did not comply with grant guidance and requirements to prevent 
waste, fraud, and abuse of grant funds.\13\ Out of the $50 
million in grant funds reviewed by the OIG, investigators 
questioned whether $7.1 million complied with the grant 
requirements and Federal law.\14\
---------------------------------------------------------------------------
    \12\1Dep't of Homeland Sec. Office of Inspector General, OIG-16-
100, FEMA's Grant Programs Directorate Did Not Effectively Manage 
Assistance to Firefighters Grant Program--AFG Grants (2016) 
[hereinafter OIG Report AFG], available at https://www.oig.dhs.gov/
assets/Mgmt/2016/OI-16-100-Jun16.pdf.; see also Dep't of Homeland Sec. 
Office of Inspector General, OIG-16-98, FEMA's Grant Programs 
Directorate Did Not Effectively Manage Assistance to Firefighters Grant 
Program SAFER Grants (2016) [hereinafter OIG Report SAFER], available 
at https://www.oig.dhs.gov/assets/Mgmt/2016/OIG-16-98-Jun16.pdf.
    \13\OIG Report AFG, supra note 12.
    \14\Id.
---------------------------------------------------------------------------
    According to the same report, 63 percent (88 of 139) of 
SAFER grant recipients reviewed did not comply with grant 
guidance and requirements to prevent waste, fraud, and abuse of 
grant funds.\15\ Out of the $72 million in grant funds examined 
by the OIG, investigators questioned whether $18.4 million of 
those funds complied with the grant requirements and Federal 
law.\16\
---------------------------------------------------------------------------
    \15\OIG Report SAFER, supra note 12.
    \16\Id.
---------------------------------------------------------------------------
    The OIG concluded that FEMA cannot assure AFG funds were 
used to help local fire departments and other first responder 
organizations obtain equipment, protective gear, emergency 
vehicles, training, and other resources; nor could FEMA assure 
that SAFER grant funds were used to help local fire departments 
and other first responder organizations hire and retain 
firefighters, obtain equipment, and provide training.\17\ The 
OIG recommended FEMA develop and implement an organizational 
framework to manage the risk of fraud, waste, abuse, and 
mismanagement.\18\
---------------------------------------------------------------------------
    \17\17 OIG Report AFG and OIG Report SAFER, supra note 12.
    \18\Id.
---------------------------------------------------------------------------
    For this reason, S. 829 includes strong oversight 
provisions to make FEMA and the grant recipients under these 
grant programs more accountable to the American taxpayer. 
First, it authorizes the Administrator of FEMA, acting through 
the Administrator of the United States Fire Administration, to 
develop and make widely available online grants administration 
training for members of the fire and emergency response 
community that will allow them to better access and manage 
grants. Second, S. 829 requires FEMA to develop and implement 
an oversight framework that will mitigate and minimize these 
grant programs' susceptibility to waste, fraud, abuse, and 
mismanagement, as required by the OIG. With these additional 
oversight requirements, these grants will become more 
accountable to the American taxpayers.

                        III. Legislative History

    On April 5, 2017, Senator John McCain (R-AZ) introduced S. 
829, the AFG and SAFER Program Reauthorization Act of 2017, 
with Senators Jon Tester (D-MT), Susan Collins (R-ME), and Tom 
Carper (D-DE). The bill was referred to the Committee on 
Homeland Security and Governmental Affairs. Senators Richard 
Blumenthal (D-CT), Christopher Coons (D-DE), Kirsten Gillibrand 
(D-NY), Claire McCaskill (D-MO), Gary C. Peters (D-MI), Robert 
Menendez (D-NJ), Chris Van Hollen (D-MD) and Patrick Leahy (D-
VT) later joined as cosponsors.
    The Committee considered S. 829 at a business meeting on 
May 17, 2017. Senators McCain and Tester offered a manager's 
amendment incorporating oversight language to require the FEMA 
Administrator and Assistant Administrator for the Grant Program 
Directorate to develop and implement a grant monitoring and 
oversight framework, as well as authorizing the development of 
electronic, online training for members of the fire and 
emergency response community on matters relating to the 
administration of these grants.
    Senators Peters and Heitkamp offered an additional 
amendment to allow SAFER funds to convert part-time 
firefighters to full-time firefighters.
    The Committee favorably reported the bill, as amended by 
both amendments, by voice vote en bloc. Senators present for 
the vote on the amendments and final passage were Johnson, 
McCain, Portman, Paul, Lankford, Enzi, Hoeven, Daines, 
McCaskill, Tester, Heitkamp, Peters, Hassan, and Harris.

        IV. Section-By-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section specifies that the bill may be cited as the 
``AFG and SAFER Program Reauthorization Act of 2017.''

Sec. 2. Reauthorization of Assistance to Firefighters Grants program 
        and the Fire Prevention and Safety Grants program

    Subsection (a) repeals the AFG grant program sunset.
    Subsection (b) authorizes appropriations through FY 2023.
    Subsection (c) makes a technical correction in The 21st 
Century Cures Act (P.L. 114-255), which amended the SAFER grant 
program, to detail the allowable uses for grant funds, 
including eligible training activities.

Sec. 3. Reauthorization of Staffing for Adequate Fire and Emergency 
        Response grant program

    Subsection (a) repeals the SAFER grant program sunset.
    Subsection (b) authorizes appropriations through FY 2023.
    Subsection (c) is a technical correction to 15 U.S.C. 
2229a(b), which details specific requirements that applicants 
for a SAFER grant must meet. The technical correction corrects 
the subsection referred to in (b)(3)(B).
    Subsection (d) removes an anachronism date of November 24, 
2004, and replaces it with the grant application date.
    Subsection (e) is a technical correction that ensures the 
statute properly permits a waiver for jurisdictions with 
demonstrated local hardship to use SAFER funds to supplant 
state and local funds, the local match, and the requirement 
that applicants have sustained their fire-related programs and 
emergency response budgets by at least 80 percent in the three 
preceding years.
    Subsection (f) is a technical correction outlining the use 
of grant funds. The SAFER program provides grants specifically 
for staffing, not training. This section moves this provision 
under 15 U.S.C. 2229(c)(3), the section outlining the ``Use of 
Grant Funds'' under the Assistance to Firefighters (AFG) grant 
program.
    Subsection (g) expands the use for SAFER grants so that 
fire departments may change part-time or paid-on-call 
firefighters to full-time firefighters.

Sec. 4. Training on Administration of Fire Grant programs

    Subsection (a) authorizes the Administrator of FEMA, acting 
through the Administrator of the United States Fire 
Administration, to develop and make widely available an online 
grants management training course for members of the fire and 
emergency response community.
    Subsection (b) outlines the training requirements for the 
course, including that it must be tailored to the financial and 
time constraints of all individuals in the career field.

Sec. 5. 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

    Subsection (a) requires the FEMA Administrator, through the 
Administrator of the United States Fire Administration, to 
develop and implement an oversight framework that will mitigate 
and minimize these grant programs' susceptibility to waste, 
fraud, abuse, and mismanagement.
    Section (b) outlines the requirements of the framework, 
including ensuring standardized guidance and training for grant 
recipients, conducting regular risk assessments, conducting 
desk reviews and site visits, enforcing mechanisms to recoup 
questioned costs, and ensuring any other oversight and 
monitoring tools deemed necessary to reduce the risks of waste, 
fraud, and abuse.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                                     June 15, 2017.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 829, the AFG and 
SAFER Program Reauthorization Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 829--AFG and SAFER Program Reauthorization Act of 2017

    Summary: S. 829 would extend through 2023 the authorization 
of appropriations for two programs--Staffing for Adequate Fire 
and Emergency Response (SAFER) and Assistance to Firefighter 
Grants (AFG). The authorization for those programs expires at 
the end of fiscal year 2017. Assuming appropriation of the full 
amounts, CBO estimates that implementing S. 829 would cost 
about $4.8 billion over the 2018-2022 period, and $5.2 billion 
in years after 2022.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 829 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 829 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated Cost to the Federal Government: The estimated 
budgetary effect of S. 829 is shown in the following table. The 
costs of this legislation fall within budget function 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                       By fiscal year, in millions of dollars--
                                    ----------------------------------------------------------------------------
                                        2017       2018       2019       2020       2021       2022    2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level......          0      1,611      1,649      1,688      1,728      1,770      8,446
Estimated Outlays..................          0         32        436      1,171      1,521      1,653      4,813
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
829 will be enacted near the end of 2017 and that the estimated 
amounts will be appropriated each fiscal year.
    Under current law, $750 million was authorized in 2013 for 
the SAFER program, which provides grants to fire departments to 
facilitate retention and hiring of personnel, and another $750 
million for the AFG program, which provides grants to fire 
departments, state fire-training academies, and other 
organizations. The law provides that those specified amounts be 
adjusted each year for the change in the Consumer Price Index 
through 2017. Under S. 829, that authorization of 
appropriations would be extended through 2023.
    Including the adjustments for anticipated inflation, CBO 
estimates that S. 829 would authorize the appropriation of 
about $8.4 billion, in total, over the next five years for the 
two programs. Based on historical spending patterns, CBO 
estimates that implementing S. 829 would cost about $4.8 
billion over the 2018-2022 period and another $5.2 billion in 
years after 2022. In 2017, a total of $690 million was 
appropriated for those grant programs.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 829 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    Intergovernmental and private-sector impact: S. 829 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State, local, and tribal governments would 
benefit from grants reauthorized in the bill to fund 
specialized training for first responders. Any costs to state, 
local, or tribal governments would result from complying with 
conditions of assistance.
    Estimate prepared by: Federal costs: Robert Reese; Impact 
on state, local, and tribal governments: Rachel Austin; Impact 
on the private sector: Logan Smith.
    Estimate approved by: H. Samuel Papenfuss Deputy Assistant 
Director for Budget Analysis.

       VII. Changes in Existing Law Made by The Bill, As Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 15--COMMERCE AND TRADE

           *       *       *       *       *       *       *


CHAPTER 49--FIRE PREVENTION AND CONTROL

           *       *       *       *       *       *       *



SEC. 2229. FIREFIGHTER ASSISTANCE

    (a) * * *
    (b) * * *
    (c) Assistance to Firefighters Grants.--
          (1) * * *
          (2) * * *
          (3) Use of grant funds.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (N) To provide specialized training to 
                firefighters, paramedics, emergency medical 
                service workers, and other first responders to 
                recognize individuals who have mental illness 
                and how to properly intervene with individual 
                with mental illness, including strategies for 
                verbal de-escalation of crisis.

           *       *       *       *       *       *       *

      (q) * * *
                  (1) * * *
                  (A) * * *
                  (B) for each of the fiscal years 2014 through 
                [2017] 2023, an amount equal to the amount 
                authorized for the previous fiscal year 
                increased by the percentage by which--

           *       *       *       *       *       *       *

    [(r) Sunset of Authorities.--The authority to award 
assistance and grants under this section shall expire on the 
date that is 5 years after January 2, 2013.]

           *       *       *       *       *       *       *


SEC. 2229A. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE

    (a) Expanded Authority To Make Grants.--
          Hiring Grants.--
                  (A) * * *
                  (B) Grants made under this paragraph shall be 
                for 3 years and be used for programs to hire 
                new, additional firefighters [and to provide 
                specialized training to paramedics, emergency 
                medical service workers, and other first 
                responders to recognize individuals who have 
                mental illness and how to properly intervene 
                with individuals with mental illness, including 
                strategies for verbal de-escalation of crises] 
                or to change the status of part-time or paid-
                on-call (as defined in section 33(a)) 
                firefighters to full-time firefighters.
    (b) Applications.--
          (1) * * *
          (2) * * *
          (3) At a minimum, each application for a grant under 
        this section shall--
                  (A) * * *
                  (B) in the case of a grant under subsection 
                (a)(1), explain how the applicant plans to meet 
                the requirements [of subsection (a)(1)(B)(ii) 
                and (F)] of subsection (a)(1)(F);
                  (C) * * *
                  (D) * * *
    (c) Limitation on Use of Funds.--
          (1) * * *
          (2) No grant shall be awarded pursuant to this 
        section to a municipality or other recipient whose 
        annual budget at the time of the application for fire-
        related programs and emergency response has been 
        reduced below 80 percent of the average funding level 
        in the 3 years [prior to November 24, 2003] prior to 
        the date of the application for the grant.
          (3) * * *
          (4) * * *
    (d) Waivers.--
          (1) In general.--In a case of demonstrated economic 
        hardship, the Administrator of FEMA may--
                  (A) * * *
                  (B) waive or reduce the requirements in 
                [subsection (a)(1)(E) or subsection (c)(2)] 
                (a)(1)(E), (c)(2), or (c)(4).

           *       *       *       *       *       *       *

    (j) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated for the purposes of carrying out this 
        section--
                  (A) * * *

           *       *       *       *       *       *       *

                  (I) for each of fiscal years 2014 through 
                [2017] 2023, an amount equal to the amount 
                authorized for the previous fiscal year 
                increased by which--

           *       *       *       *       *       *       *

    [(k) Sunset of Authorities.--The authority to award 
assistance and grants under this section shall expire on the 
date that is 5 years after January 2, 2013.]

           *       *       *       *       *       *       *


                                  [all]