[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3185 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3185

To amend the Workforce Investment Act of 1998 to increase the hiring of 
                 firefighters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2001

Mr. Green of Texas (for himself, Mr. Quinn, Mr. Pascrell, Ms. Lofgren, 
   Mr. Nadler, Ms. Roybal-Allard, Ms. McCarthy of Missouri, and Mrs. 
   Morella) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on Science, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Workforce Investment Act of 1998 to increase the hiring of 
                 firefighters, 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. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

    Title III of the Workforce Investment Act of 1998 (Public Law 105-
220; 112 Stat. 1080) is amended by adding at the end the following:

    ``Subtitle E--Staffing for Adequate Fire and Emergency Response

``SEC. 351. SHORT TITLE.

    ``This subtitle may be cited as the `Staffing for Adequate Fire and 
Emergency Response Act of 2001' or as the `SAFER Act of 2001'.

``SEC. 352. PURPOSES.

    ``The purposes of this subtitle are--
            ``(1) to expand on the firefighter assistance grant program 
        under section 33 of the Federal Fire Prevention and Control Act 
        of 1974 (15 U.S.C. 2229), in order to ensure adequate funding 
        to increase the number of firefighting personnel throughout the 
        Nation;
            ``(2) to substantially increase the hiring of firefighters 
        so that communities can--
                    ``(A) meet industry minimum standards for providing 
                adequate protection from acts of terrorism and hazards; 
                and
                    ``(B) enhance the ability of firefighter units to 
                save lives, save property, and effectively respond to 
                all types of emergencies; and
            ``(3) to promote that substantial increase in hiring by 
        establishing a program of grants, authorized for 7 years, to 
        provide direct funding to States, units of local government, 
        and Indian tribal organizations for firefighter salaries and 
        benefits.

``SEC. 353. DEFINITIONS.

    ``In this subtitle:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State, a unit of local government, a tribal 
                organization, or another public entity; or
                    ``(B) a multi-jurisdictional or regional consortia 
                of entities described in subparagraph (A).
            ``(2) Firefighter.--The term `firefighter' has the meaning 
        given the term `employee in fire protection activities' in 
        section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        203).
            ``(3) Indian tribe; tribal organization.--The terms `Indian 
        tribe' and `tribal organization' have the meanings given the 
        terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Labor, acting after consultation with the Director of the 
        Federal Emergency Management Agency.
            ``(5) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.

``SEC. 354. AUTHORITY TO MAKE GRANTS.

    ``(a) Definition.--In this section, the term `qualifying entity', 
used with respect to a fiscal year, means any eligible entity 
(including a State) that has submitted an application under section 355 
for the fiscal year that meets the requirements of this subtitle and 
such additional requirements as the Secretary may prescribe.
    ``(b) Grant Authorization.--The Secretary may make grants to 
eligible entities to pay for the Federal share of the cost of carrying 
out projects to hire firefighters.
    ``(c) Minimum Amount.--
            ``(1) Amount.--For any fiscal year, the Secretary shall 
        ensure that the qualifying entities in each State shall 
        receive, through grants made under this section, a total amount 
        that is not less than \1/2\ of 1 percent of the amount 
        appropriated under section 362 for the fiscal year.
            ``(2) Exception.--Paragraph (1) shall not apply for a 
        fiscal year if the Secretary makes a grant under this section 
        to every qualifying entity for the fiscal year.
    ``(d) Grant Periods.--The Secretary may make grants under this 
section for periods of 3 years.
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of 
        carrying out a project to hire firefighters under this subtitle 
        shall be not more than 75 percent.
            ``(2) Non-federal share.--The non-Federal share shall be 
        provided--
                    ``(A) in cash;
                    ``(B) in the case of a State or unit of local 
                government, from assets received through an asset 
                forfeiture program; or
                    ``(C) in the case of a tribal organization or the 
                Bureau of Indian Affairs, from any Federal funds made 
                available for firefighting functions to assist an 
                Indian tribe.
            ``(3) Waiver.--The Secretary may waive the requirements of 
        paragraphs (1) and (2) for an eligible entity.

``SEC. 355. APPLICATIONS.

    ``(a) In General.--To be eligible to receive a grant under this 
subtitle, an entity shall submit an application to the Secretary at 
such time, in such manner, and containing such information as the 
Secretary may prescribe.
    ``(b) Contents.--Each such application shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan, for the hiring to be conducted under the 
        grant, that reflects consultation with community groups and 
        appropriate private and public agencies and reflects 
        consideration of a statewide strategy for such hiring;
            ``(2) specify the reasons why the entity is unable to hire 
        sufficient firefighters to address the entity's needs, without 
        Federal assistance;
            ``(3)(A) specify the average number of firefighters 
        employed by the entity during the fiscal year prior to the 
        fiscal year for which the application is submitted; and
            ``(B) outline the initial and planned level of community 
        support for implementing the strategy and plan, including the 
        level of financial and in-kind contributions or other tangible 
        commitments;
            ``(4)(A) specify plans for obtaining necessary support and 
        continuing the employment of a greater number of firefighters 
        than the number specified under paragraph (3)(A), following the 
        conclusion of Federal assistance under this subtitle; and
            ``(B) include an assurance that the entity will continue 
        the employment of firefighters hired with funds made available 
        through the grant for at least 1 year after the end of the 
        grant period; and
            ``(5) include assurances that the entity will, to the 
        extent practicable, seek, recruit, and hire members of racial 
        and ethnic minority groups and women in order to increase the 
        ranks of minorities and women within the entity's firefighter 
        units.
    ``(c) Small Jurisdictions.--Notwithstanding any other provision of 
this subtitle, the Secretary may waive 1 or more of the requirements of 
subsection (b), and may make special provisions to facilitate the 
expedited submission, processing, and approval of an application under 
this section, for an eligible entity that is a unit of local 
government, or an eligible entity serving a fire district, that has 
jurisdiction over an area with a population of less than 50,000.
    ``(d) Preference.--In awarding grants under this subtitle, the 
Secretary--
            ``(1) shall give preference to a unit of local government; 
        and
            ``(2) may give preference, where feasible, to an eligible 
        entity that submits an application containing a plan that--
                    ``(A) provides for hiring (including rehiring) 
                career firefighters; and
                    ``(B) requires the entity to contribute a non-
                Federal share of more than 25 percent of the cost of 
                carrying out a project to hire the firefighters.
    ``(e) State and Local Applications.--If a unit of local government 
for a community, and the State in which the community is located, 
submit applications under this section for a fiscal year to carry out a 
project in a community, and the unit of local government and State are 
qualifying entities under section 354(a), the Secretary--
            ``(1) shall make a grant under this subtitle to the unit of 
        local government for that year; and
            ``(2) shall not make a grant under this subtitle to the 
        State to carry out a project in that community for that year.

``SEC. 356. USE OF FUNDS.

    ``(a) In General.--An eligible entity that receives a grant under 
this subtitle shall use the funds made available through the grant to 
hire career firefighters. The funds may only be used to increase the 
number of firefighters employed by the agency from the number specified 
under section 355(b)(3)(A). The funds may be used for salaries and 
benefits for the firefighters.
    ``(b) Hiring Costs.--
            ``(1) Fiscal year 2002.--For fiscal year 2002, in hiring 
        any 1 firefighter, the entity may not use more than $90,000 of 
        such funds.
            ``(2) Subsequent years.--For each subsequent fiscal year, 
        in hiring any 1 firefighter, the entity may not use more than 
        $90,000 of such funds, increased or decreased by the same 
        percentage as the percentage by which the Consumer Price Index 
        for All Urban Consumers (United States city average), published 
        by the Secretary of Labor, has increased or decreased by 
        September of the preceding fiscal year from such Index for 
        September 2001.
            ``(3) Waivers.--The Secretary may waive the requirements of 
        paragraph (1) or (2) for an eligible entity.
    ``(c) Supplement, not Supplant.--Funds appropriated pursuant to the 
authority of this subtitle shall be used to supplement and not supplant 
other Federal, State, and local public funds expended to hire 
firefighters.

``SEC. 357. TECHNICAL ASSISTANCE.

    ``The Secretary may provide technical assistance to eligible 
entities to further the purposes of this Act.

``SEC. 358. MONITORING AND EVALUATIONS.

    ``(a) Monitoring Components.--Each project funded through a grant 
made under this subtitle shall contain a monitoring component, 
developed pursuant to regulations established by the Secretary. The 
monitoring required by this subsection shall include systematic 
identification and collection of data about the project throughout the 
period of the project and presentation of such data in a usable form.
    ``(b) Evaluation Components.--The Secretary may require that 
selected grant recipients under this subtitle conduct local evaluations 
or participate in a national evaluation, pursuant to regulations 
established by the Secretary. Such local or national evaluations may 
include assessments of the implementation of different projects. The 
Secretary may require selected grant recipients under this subtitle to 
conduct local outcome evaluations to determine the effectiveness of 
projects under this subtitle.
    ``(c) Periodic Reports.--The Secretary may require a grant 
recipient under this subtitle to submit to the Secretary the results of 
the monitoring and evaluations required under subsections (a) and (b) 
and such other data and information as the Secretary determines to be 
reasonably necessary.
    ``(d) Revocation or Suspension of Funding.--If the Secretary 
determines, as a result of the monitoring or evaluations required by 
this section, or otherwise, that a grant recipient under this subtitle 
is not in substantial compliance with the terms and requirements of an 
approved grant application submitted under section 355, the Secretary 
may revoke the grant or suspend part or all of the funding provided 
under the grant.

``SEC. 359. ACCESS TO DOCUMENTS.

    ``For the purpose of conducting an audit or examination of a grant 
recipient that carries out a project under this subtitle, the Secretary 
and the Comptroller General of the United States shall have access to 
any pertinent books, documents, papers, or records of the grant 
recipient and any State or local government, person, business, or other 
entity, that is involved in the project.

``SEC. 360. REPORT TO CONGRESS.

    ``Not later than September 30, 2008, the Secretary shall submit a 
report to Congress concerning the experiences of eligible entities in 
carrying out projects under this subtitle, and the effects of the 
grants made under this subtitle. The report may include recommendations 
for such legislation as the Secretary may consider to be appropriate, 
which may include reauthorization of this subtitle.

``SEC. 361. REGULATIONS.

    ``The Secretary may issue regulations to carry out this subtitle.

``SEC. 362. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle--
            ``(1) $1,000,000,000 for fiscal year 2002;
            ``(2) $1,030,000,000 for fiscal year 2003;
            ``(3) $1,061,000,000 for fiscal year 2004;
            ``(4) $1,093,000,000 for fiscal year 2005;
            ``(5) $1,126,000,000 for fiscal year 2006;
            ``(6) $1,159,000,000 for fiscal year 2007; and
            ``(7) $1,194,000,000 for fiscal year 2008.
    ``(b) Availability.--Funds appropriated under subsection (a) for a 
fiscal year shall remain available until the end of the second 
succeeding fiscal year.''.

SEC. 2. CONFORMING AMENDMENT.

    The table of contents in section 1(b) of the Workforce Investment 
Act of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the 
items relating to title III, by adding at the end the following:

    ``Subtitle E--Staffing for Adequate Fire and Emergency Response

        ``Sec. 351. Short title.
        ``Sec. 352. Purposes.
        ``Sec. 353. Definitions.
        ``Sec. 354. Authority to make grants.
        ``Sec. 355. Applications.
        ``Sec. 356. Use of funds.
        ``Sec. 357. Technical assistance.
        ``Sec. 358. Monitoring and evaluations.
        ``Sec. 359. Access to documents.
        ``Sec. 360. Report to Congress.
        ``Sec. 361. Regulations.
        ``Sec. 362. Authorization of appropriations.''.
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