[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Pages S3194-S3196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself, Mr. Warner, Mr. Hollings, Mr. Reed, Mr. 
        Daschle, Mr. Lieberman, Mrs. Clinton, Mr. Sarbanes, and Ms. 
        Landrieu):
  S. 544. A bill to establish a SAFER Firefighter Grant Program; to the 
Committee on Commerce, Science, and Transportation.
  Mr. DODD. Mr. President, I rise today with my colleagues Senator 
Warner, Senator Hollings, Senator Reed, Senator Daschle, Senator 
Lieberman, Senator Clinton, Senator Sarbanes, and Senator Landrieu to 
introduce the Staffing for Adequate Fire and Emergency Response, SAFER, 
Act. This legislation will help to remedy a critical shortage in the 
fire service and help ensure that America's firefighters have the 
staffing they need to safely do their jobs.
  Every day approximately one million firefighters put their lives on 
the line to protect the people of our great Nation. I firmly believe 
that in recognition of that fact, our Nation has an obligation to 
ensure that the brave men and women of the fire service have the tools, 
the training, and the staffing they need to do their jobs safely.
  In recent years, the Federal Government has recognized that it can 
and should be a better partner with local firefighters. In 2000, 
Senator DeWine, Senator Levin, Senator Warner, and I worked 
successfully to help create the FIRE Act. This law stood as the first 
Federal grant program explicitly designed to help fire departments 
throughout America obtain better equipment, improved training, and 
needed personnel. Since September 11, 2001, Congress and the 
administration have provided billions of dollars to help local 
firefighters purchase equipment and training to respond to acts of 
terrorism, accidental fires, chemical spills, and natural disasters. 
Over the last 2 years, the Federal FIRE Act grant initiative has 
provided nearly half a billion dollars in direct assistance to local 
fire departments across the country and the FIRE Act will provide 
another $750 million this year. We are beginning to significantly 
improve the quality of the equipment available to firefighters in every 
State and in communities large and small. Unfortunately, the FIRE Act 
has not improved staffing conditions for America's fire service. Severe 
staffing shortages still plague departments across the country.
  Currently two-thirds of all fire departments operate with inadequate 
staffing. And the consequences are often tragic. According to testimony 
by Harold Schaitberger, General President of the International 
Association of Firefighters, presented before the

[[Page S3195]]

Senate Science, Technology and Space Subcommittee on October 11, 2001, 
understaffing has caused or contributed to firefighter deaths in 
Memphis, Tennessee; Worcester, Massachusetts; Keokuk, Iowa; Pittsburgh, 
Pennsylvania; Chesapeake, Virginia; Stockton, California; Lexington, 
Kentucky; Buffalo, New York; Philadelphia, Pennsylvania; and 
Washington, D.C. In each case, firefighters went into dangerous 
situations without the support they needed and they paid the ultimate 
price.
  The unfortunate reality is that our local communities have not been 
able to maintain the level of staffing necessary to ensure the safety 
of our firefighters or the public. Since 1970, the number of 
firefighters as a percentage of the U.S. workforce has steadily 
declined and the budget crises that our state and local governments are 
enduring has made matters worse. Across the country today, firefighter 
staffing is being cut and fire stations are even being closed because 
of state and local budget shortfalls. All of this at a time when the 
threats of terrorism are placing unprecedented demands on our fire 
service.
  According to a ``Needs Assessment Study'' recently released by the 
U.S. Fire Administration, USFA, and the National Fire Protection 
Association, NFPA, understaffing contributes to enormous problems. For 
example, USFA and NFPA have found that only 11% of our Nation's fire 
departments have the personnel and equipment they need to respond to a 
building collapse involving 50 or more occupants. The USFA and NFPA 
also found that there are routine problems that threaten the health and 
safety of our first responders. In small and medium-sized cities, 
firefighters are too often compelled to respond to emergencies without 
sufficient manpower to protect those on the ground. More often than 
not, firefighters in too many of our communities respond to fires with 
fewer than the four firefighters per truck that is considered to be the 
minimum to ensure firefighter safety.
  The USFA/NFPA study also suggests that shortages of personnel prevent 
many firefighters from taking time off to receive training and too few 
departments can afford to hire dedicated training staff. As a result, 
nearly three-quarters of all fire departments cannot comply with EPA 
and OSHA regulations that require formal hazardous materials response 
training for front-line firefighters.
  The SAFER Act is a national commitment to hire the firefighters 
necessary to protect the American people from the consequences of 
terrorist attacks and from more ordinary, but often equally 
devastating, events. This legislation will put 75,000 new firefighters 
on America's streets over the next 7 years and will help provide 
Americans with the level of protection they need and deserve.
  As I have said before, 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 here at home. 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.
  In closing let me say that 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 does more than 
that. This legislation is an investment in America's security, an 
investment to ensure the safety of our firefighter as well as American 
families and their homes and businesses.
  Both the International Association of Firefighters and the 
International Association of Fire Chiefs have expressed their strong 
support for this legislation. I urge my colleagues to join those of us 
who have introduced this measure today.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 544

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Staffing for Adequate Fire 
     and Emergency Response Firefighters Act of 2003''.

     SEC. 2. OFFICE OF GRANT MANAGEMENT.

       The Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2201 et seq.) is amended by redesignating the second 
     section 33 and section 34 as sections 35 and 36, 
     respectively, and by inserting after the first section 33 the 
     following new section:

     ``SEC. 34. OFFICE OF GRANT MANAGEMENT.

       ``(a) Establishment.--A new office within the United States 
     Fire Administration shall be established to administer the 
     SAFER Firefighter grant program under this section.
       ``(b) Authority To Make Grants.--(1) The Administrator may 
     make grants directly to career, voluntary, and combination 
     fire departments of a State, in consultation with the chief 
     executive of the State, for the purpose of substantially 
     increasing the number of firefighters so that communities can 
     meet industry minimum standards to provide adequate 
     protection from acts of terrorism and hazards.
       ``(2)(A) Grants made under paragraph (1) shall be for 4 
     years and be used for programs to hire new, additional career 
     firefighters.
       ``(B) Grantees are required to commit to retaining for at 
     least 1 year beyond the termination of their grants those 
     career firefighters hired under paragraph (1).
       ``(3) In awarding grants under this section, the 
     Administrator may give preferential consideration, where 
     feasible, to applications for hiring and rehiring additional 
     career firefighters that involve a non-Federal contribution 
     exceeding the minimums under paragraph (5).
       ``(4) The Administrator may provide technical assistance to 
     States, units of local government, Indian tribal governments, 
     and to other public entities, in furtherance of the purposes 
     of this section.
       ``(5) The portion of the costs of a program, project, or 
     activity provided by a grant under paragraph (1) may not 
     exceed--
       ``(A) 90 percent in the first year of the grant;
       ``(B) 80 percent in the second year of the grant;
       ``(C) 50 percent in the third year of the grant; and
       ``(D) 30 percent in the fourth year of the grant,
     unless the Administrator waives, wholly or in part, the 
     requirement under this paragraph of a non-Federal 
     contribution to the costs of a program, project, or activity.
       ``(6) The authority under paragraph (1) of this section to 
     make grants for the hiring of additional career firefighters 
     shall lapse at the conclusion of 10 years from the date of 
     enactment of this section. Prior to the expiration of this 
     grant authority, the Administrator shall submit a report to 
     Congress concerning the experience with and effects of such 
     grants. The report may include any recommendations the 
     Administrator may have for amendments to this section and 
     related provisions of law.
       ``(c) Applications.--(1) No grant may be made under this 
     section unless an application has been submitted to, and 
     approved by, the Administrator.
       ``(2) An application for a grant under this section shall 
     be submitted in such form, and contain such information, as 
     the Administrator may prescribe by regulation or guidelines.
       ``(3) In accordance with the regulations or guidelines 
     established by the Administrator, each application for a 
     grant under this section shall--
       ``(A) include a long-term strategy and detailed 
     implementation plan that reflects consultation with community 
     groups and appropriate private and public agencies and 
     reflects consideration of the statewide strategy;
       ``(B) explain the applicant's inability to address the need 
     without Federal assistance;
       ``(C) outline the initial and ongoing level of community 
     support for implementing the proposal including financial and 
     in-kind contributions or other tangible commitments;
       ``(D) specify plans for obtaining necessary support and 
     continuing the proposed program, project, or activity 
     following the conclusion of Federal support; and
       ``(E) provide assurances that the applicant will, to the 
     extent practicable, seek, recruit, and hire members of racial 
     and ethnic minority groups and women in order to increase 
     their ranks within firefighting.
       ``(4) Notwithstanding any other provision of this section, 
     in relation to applications under this section of units of 
     local government or fire districts having jurisdiction over 
     areas with populations of less than 50,000, the Administrator 
     may waive 1 or more of the requirements of paragraph (3) and 
     may otherwise make special provisions to facilitate the 
     expedited submission, processing, and approval of such 
     applications.
       ``(d) Limitation on Use of Funds.--(1) Funds made available 
     under this section to States or units of local government for 
     salaries and benefits to hire new, additional career 
     firefighters shall not be used to supplant State or local 
     funds, or, in the case of Indian tribal governments, funds 
     supplied by the Bureau of Indian Affairs, but shall be used 
     to increase the amount of funds that would, in the absence of 
     Federal funds received under this section, be made available 
     from State or local sources, or in the case of Indian tribal 
     governments, from funds supplied by the Bureau of Indian 
     Affairs.
       ``(2) Funds appropriated by the Congress for the activities 
     of any agency of an Indian tribal government or the Bureau of 
     Indian

[[Page S3196]]

     Affairs performing firefighting functions on any Indian lands 
     may be used to provide the non-Federal share of the cost of 
     programs or projects funded under this section.
       ``(3)(A) Total funding provided under this section over 4 
     years for hiring a career firefighter may not exceed 
     $100,000, unless the Administrator grants a waiver from this 
     limitation.
       ``(B) The $100,000 cap shall be adjusted annually for 
     inflation beginning in fiscal year 2005.
       ``(e) Performance Evaluation.--(1) Each program, project, 
     or activity funded under this section shall contain a 
     monitoring component, developed pursuant to guidelines 
     established by the Administrator. The monitoring required by 
     this subsection shall include systematic identification and 
     collection of data about activities, accomplishments, and 
     programs throughout the life of the program, project, or 
     activity and presentation of such data in a usable form.
       ``(2) Selected grant recipients shall be evaluated on the 
     local level or as part of a national evaluation, pursuant to 
     guidelines established by the Administrator. Such evaluations 
     may include assessments of individual program 
     implementations. In selected jurisdictions that are able to 
     support outcome evaluations, the effectiveness of funded 
     programs, projects, and activities may be required.
       ``(3) The Administrator may require a grant recipient to 
     submit to the Administrator the results of the monitoring and 
     evaluations required under paragraphs (1) and (2) and such 
     other data and information as the Administrator considers 
     reasonably necessary.
       ``(f) Revocation or Suspension of Funding.--If the 
     Administrator determines, as a result of the activities under 
     subsection (e), or otherwise, that a grant recipient under 
     this section is not in substantial compliance with the terms 
     and requirements of an approved grant application submitted 
     under subsection (c), the Administrator may revoke or suspend 
     funding of that grant, in whole or in part.
       ``(g) Access to Documents.--(1) The Administrator shall 
     have access for the purpose of audit and examination to any 
     pertinent books, documents, papers, or records of a grant 
     recipient under this section and to the pertinent books, 
     documents, papers, or records of State and local governments, 
     persons, businesses, and other entities that are involved in 
     programs, projects, or activities for which assistance is 
     provided under this section.
       ``(2) Paragraph (1) shall apply with respect to audits and 
     examinations conducted by the Comptroller General of the 
     United States or by an authorized representative of the 
     Comptroller General.
       ``(h) Definitions.--In this section, the term--
       ``(1) `firefighter' has the meaning given the term 
     `employee in fire protection activities' under section 3(a) 
     of the Fair Labor Standards Act (29 U.S.C. 203(y)); and
       ``(2) `Indian tribe' means a tribe, band, pueblo, nation, 
     or other organized group or community of Indians, including 
     an Alaska Native village (as defined in or established under 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.)), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(i) Authorization of Appropriations.--
       ``There are authorized to be appropriated for the purposes 
     of carrying out this section--
       ``(1) $1,000,000,000 for fiscal year 2004;
       ``(2) $1,030,000,000 for fiscal year 2005;
       ``(3) $1,061,000,000 for fiscal year 2006;
       ``(4) $1,093,000,000 for fiscal year 2007;
       ``(5) $1,126,000,000 for fiscal year 2008;
       ``(6) $1,159,000,000 for fiscal year 2009; and
       ``(7) $1,194,000,000 for fiscal year 2010.''.

  Mr. WARNER. Mr. President, I am pleased to be joining my colleague 
Senator Dodd in the introduction of the Staffing for Adequate Fire and 
Emergency Response Act. The SAFER Act establishes a new grant program 
that will provide direct funding to fire and rescue departments though 
the new Department of Homeland Security. This funding will help to 
cover some of the costs associated with hiring and training new 
firefighters.
  Our Nation's fire departments must be able to hire the necessary 
personnel in order to meet the ever increasing demands on local first 
responders. 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.
  The National Fire Protection Association, a nonprofit organization 
which develops and promotes scientifically based consensus codes and 
guidelines, issued minimum staffing standards of at least four 
firefighters per apparatus. Furthermore, local departments are expected 
to comply with Federal Occupational Safety and Health Administration, 
OSHA, standards, which require a minimum of two qualified firefighters 
inside and two qualified firefighters outside of a structure fire or 
similar incident. Except in cases of a known need for rescue, a fire 
company with less than four personnel cannot enter that structure to 
fight a fire or respond to an incident until additional firefighters 
arrive on the scene, ready to go.
  I am honored to be an original cosponsor of this important 
legislation. I encourage my colleagues to support this measure not only 
because of the firefighters role in our homeland security endeavors, 
but also in recognition of the critical day-to-day services they 
provide in our Nation's communities.

                          ____________________