[Congressional Record Volume 147, Number 149 (Thursday, November 1, 2001)]
[Senate]
[Pages S11370-S11372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Warner, Mr. Sarbanes, Mr. Schumer, 
        Mrs. Murray, Mr. Cleland, Mr. Corzine, and Mr. Daschle):
  S. 1617. A bill to amend the Workforce Investment Act of 1998 to 
increase the hiring of firefighters, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. DODD. Mr. President, I rise today with my colleagues Senator 
Warner, Senator Sarbanes, Senator Schumer, Senator Murray, Senator 
Cleland, and Senator Corzine to introduce legislation to ensure that 
America's firefighters have the staffing they need to safely do their 
jobs.
  It has been nearly seven weeks since the terrorist attacks on the 
World Trade Center and the Pentagon. We are still assessing the damage 
done by those attacks, but one thing is already absolutely certain, the 
world has changed. And as we begin to figure out all of the ways in 
which the world has changed, we are starting to reassess our national 
priorities. We, as a Nation, are taking stock of our strengths and 
vulnerabilities, and we're identifying ways to improve our capacity to 
deal with the threats that became so apparent on September 11.
   One of the fundamental new realities that we find ourselves facing 
is that America needs to be better prepared to respond to deliberate 
acts of mass destruction. We need to be better prepared to deal with 
acts of bioterrorism and we need to be prepared to help save people 
even if they are deliberately attacked with toxic chemical weapons. In 
short, we need to be prepared for what seemed unthinkable.
  The legislation that we are proposing will help ensure that America's 
local fire agencies have the human resources that they need to meet the 
challenges which they will address as America faces the challenge of an 
extended war against terrorism.
  Just as we have called up the National Guard to meet the increased 
need for more manpower in the military, we need to make a national 
commitment to hire the firefighters necessary to protect the American 
people here on the home front. The legislation that we are proposing 
will put 75,000 new firefighters on America's streets over the next 
seven years.
  Many of us in Congress have long understood that America's 
firefighters make extraordinary contributions to their communities 
everyday. But on September 11, we got a glimpse of a larger role that 
the men and women of the fire service, not to mention police forces 
play. The national role of our firefighters has become apparent. They 
have made the nation proud.
  Despite the increasingly important role firefighters play both in our 
local communities and as part of our national homeland defense system, 
communities over the years have not maintained the level of staffing 
necessary to ensure the safety of the public or even of the 
firefighters themselves.
  Since 1970, the number of firefighters as a percentage of the U.S. 
workforce has steadily declined. Today in America there is only one 
firefighter for every 280 citizens. We have fewer firefighters per 
capita than nurses and police officers. We need to turn this trend 
around, now more than ever.
  Understaffing is dangerous for the public and for firefighters. 
Chronic understaffing means that many firefighters do not have the 
backup and on-the-ground support they need to do their jobs safely. The 
sad consequence is that about every three days we lose a firefighter in 
the line of duty. And on some days, the losses are unimaginably high.
  We learned on September 11 that the American homeland is not immune 
from unthinkable acts of violence. Knowing that, we have an obligation 
to take every reasonable step to mitigate the potential damage that may 
be caused by future attacks.
  Again, just as we have called up the National Guard to meet the 
increased need for more manpower in the military, we need to make a 
national commitment to hire firefighters to protect the American 
people. In these difficult times, it is both necessary and proper for 
us to send for reinforcements for our domestic defenders. The SAFER Act 
will make that commitment.
  This legislation honors America's firefighters. It acknowledges the 
men and women who charge up the stairs while everybody else is running 
down them. But it is more than that. This legislation is an investment 
in America's security, an investment that will rebuild public 
confidence and help reassure Americans that their homes and businesses 
are as well protected as possible.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                S. 1617

       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.

[[Page S11371]]

       ``(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.''.

  Mr. WARNER. Mr. President, I am pleased to join my colleague from 
Connecticut, Senator Dodd, in introducing legislation that will address 
a pressing issue for many States and localities which do not have the 
necessary funding to hire additional firefighters. The SAFER Act 
establishes a new grant program that will provide direct funding to 
fire and rescue departments to cover some of the costs associated with 
hiring and training new firefighters.
  The brave women and men serving in our nation's fire service are on 
the front lines in America's new war on terrorism. They have a critical 
role in our homeland defense initiatives.
  The SAFER Act would help ensure adequate staffing for fire and 
emergency response. Earlier this year the National Fire Protection 
Association, a nonprofit organization which develops and promotes 
scientifically based consensus codes and standards, adopted

[[Page S11372]]

a standard on response operational and deployment issues pertaining to 
fire and rescue departments. Based upon that standard, almost two 
thirds of fire companies across the country operate with inadequate 
staffing. The cost for many municipalities to meet these new safety 
standards, however, would be significant.
  Many Americans are not aware of the staffing shortages we may face in 
our fire and rescue departments. The role of firefighter in our 
communities is far greater than most realize. They are first to respond 
to hazardous materials calls, chemicals emergencies, biohazard 
incidents, and water rescues. These are dangers which our fire rescue 
personnel deal with on a daily basis.
  Well over 300 firefighters lost their lives in the line of duty in 
responding to the World Trade Center terrorist attacks. We need to 
recognize our firefighters and emergency personnel around the country 
who continue to make sacrifices in their service to the public. We must 
provide our fire and rescue departments with sufficient funding to hire 
the necessary personnel in order to ensure that our nation's 
communities are adequately protect.
  I am honored to be an original cosponsor of the important 
legislation. I encourage my colleagues to support this measure and 
address this critical need of our fire and rescue services throughout 
the country.
                                 ______