[Senate Report 118-266]
[From the U.S. Government Publishing Office]
Calendar No. 669
118th Congress } { Report
SENATE
2d Session } { 118-266
_______________________________________________________________________
FIRE GRANTS AND SAFETY ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 559
TO AMEND THE FEDERAL FIRE PREVENTION AND CONTROL
ACT OF 1974 TO AUTHORIZE APPROPRIATIONS FOR THE
UNITED STATES FIRE ADMINISTRATION AND FIREFIGHTER ASSISTANCE GRANT
PROGRAMS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 9, 2024.--Ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Christopher J. Mulkins, Director of Homeland Security
Naveed Jazayeri, Senior Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Megan M. Krynen, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 669
118th Congress } { Report
SENATE
2d Session } { 118-266
======================================================================
FIRE GRANTS AND SAFETY ACT
_______
December 9, 2024.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 559]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 559) to amend the
Federal Fire Prevention and Control Act of 1974 to authorize
appropriations for the United States Fire Administration and
firefighter assistance grant programs, having considered the
same, reports favorably thereon with an amendment 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.............................................. 3
IV. Section-by-Section Analysis of the Bill, as Reported............. 5
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. 559, the Fire Grants and Safety Act, would reauthorize
the Staffing for Adequate Fire and Emergency Response (SAFER)
grant program, the Assistance to Firefighters Grant (AFG)
program, and the United States Fire Administration (USFA). The
current authorization of appropriations for all three entities
expires in 2023, and SAFER and AFG have a program sunset in
2024. The bill would extend all three authorizations until 2030
and impose a new sunset clause of 2032 for the SAFER and AFG
programs. It also authorizes appropriations for USFA at $95
million for the entire time period, an increase from the
current authorization of $76.5 million. It does not change the
SAFER and AFG authorization amounts, which was set at $750
million each in 2013 and is adjusted for inflation every year.
Additionally, the bill requires the Government Accountability
Office (GAO) to, within three years, audit and issue a report
on barriers that prevent fire departments from accessing
Federal funds and another audit and report on the USFA. The
bill also contains a provision that explicitly prohibits
entities in the People's Republic of China or the Government of
the People's Republic of China from being recipients or
subrecipients of SAFER or AFG grants.\1\
---------------------------------------------------------------------------
\1\On April 20, 2023, the Senate passed S. 870, the Fire Grants and
Safety Act, which is substantially similar to S. 559, as reported. See
S. 870, 118th Cong. (2023).
---------------------------------------------------------------------------
II. Background and Need for the Legislation
Firefighters in the United States play a critical role in
mitigating and responding to the persistent threat of fires
that occur at homes, businesses, across landscapes, and other
locations in the nation's communities. Fires remain a
persistent threat across the country. In 2021, there were an
estimated 1.35 million fires responded to by local fire
departments in the United States. These fires caused 3,800
civilian deaths and an estimated $15.9 billion in property
damage.\2\ Fire stations across the country rely on SAFER, AFG,
and the USFA for critical resources and information to protect
both their communities and firefighting personnel.
---------------------------------------------------------------------------
\2\National Fire Protection Association, Fire Loss in the United
States During 2021 (Sept. 2022) (https://www.nfpa.org//media/Files/
News%20and%20Research/Fire%20statistics%20and%20
reports/US%20Fire%20Problem/osFireLoss.ashx).
---------------------------------------------------------------------------
Firefighting and the providing of fire protection services
are generally the responsibility of local governments, with
funding coming from a mix of state, county, and city resources.
Due to state and local budget shortfalls in the 1990s, and
increased responsibilities such as counterterrorism, fire
community stakeholders called for additional funding from the
federal government.\3\ The AFG program was authorized in the
106th Congress to provide federal funding for equipment and
training directly to local fire departments.\4\ After the AFG
program was created, stakeholders in the fire services
community argued that there remained a critical need for a
federal program to provide grants to help fire departments
recruit and retain firefighters, and that without federal
assistance local fire departments would be unable to meet
national consensus standards for minimum staffing levels. In
response, Congress passed the SAFER Act in the 108th Congress,
which authorized the SAFER grant program to help address fire
department staffing needs.\5\ The USFA was created after a
report from the National Commission on Fire Prevention and
Control, entitled America Burning.\6\ The Commission
recommended the creation of a federal fire agency which would
provide support to state and local governments and private fire
organizations in their efforts to reduce fire deaths, injuries,
and property loss.\7\
---------------------------------------------------------------------------
\3\Congressional Research Service, Staffing for Adequate Fire and
Emergency Response: The SAFER Grant Program (RL33375) (Apr. 25, 2019).
\4\Federal Fire Prevention and Control Act of 1974, Pub. L. No. 93-
498, Sec. 33. (2019).
\5\Federal Fire Prevention and Control Act of 1974, as amended,
Pub. L. No. 93-498, Sec. 34. (2004).
\6\Federal Fire Prevention and Control Act of 1974, Pub. L. No. 95-
422.
\7\Congressional Research Service, United States Fire
Administration: An Overview (RS20071) (Apr. 25, 2019).
---------------------------------------------------------------------------
The SAFER program provides grants from the Federal
Emergency Management Agency (FEMA) to career, volunteer, and
combination local fire departments for the purpose of
increasing the number of firefighters to help communities meet
industry-minimum standards and attain 24-hour staffing to
provide adequate protection to communities from fire and fire-
related hazards.\8\ The AFG program provides grants from FEMA
to local fire departments and unaffiliated Emergency Medical
Services (EMS) organizations to help address a variety of
equipment, training, and other firefighter-related and EMS
needs.\9\ USFA's mission is to provide leadership,
coordination, and support for the nation's fire prevention and
control, fire training and education, and emergency medical
services activities, and to prepare first responders and health
care leaders to react to hazard and terrorism emergencies of
all kinds.\10\ One of USFA's key objectives is to significantly
reduce the nation's loss of life from fire, while also
achieving a reduction in property loss and nonfatal injury due
to fire. They work to achieve this through data collection,
research, trainings, and public education.
---------------------------------------------------------------------------
\8\Id.
\9\Congressional Research Service, Assistance to Firefighters
Program: Distribution of Fire Grant Funding (RL32341) (Apr. 25, 2019).
\10\Federal Emergency Management Agency, U.S. Fire Administration
Fiscal Year 2021 Report to Congress (Aug. 30, 2022).
---------------------------------------------------------------------------
This legislation will ensure firefighters, EMS workers, and
other stakeholders continue to have access to critical grant
funding and information to help keep themselves, and their
communities, safe. This legislation would extend all three
authorizations of appropriations until 2030 and impose a new
sunset clause of 2032 for the SAFER and AFG programs.
Additionally, the bill increases the authorization of
appropriation for the USFA from the current $76.5 million to
$95 million.
III. Legislative History
Senator Gary Peters (D-MI) introduced S. 559, the Fire
Grants and Safety Act, on February 28, 2023, with original
cosponsors Senator Susan Collins (R-ME), Thomas Carper (D-DE),
and Lisa Murkowski (R-AK). The bill was referred to the
Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 559 at a business meeting on
March 15, 2023. At the business meeting, Ranking Member Paul
offered Paul amendment 1 that would direct GAO to analyze
pending legislation for the risk of duplication or overlap with
existing programs previously identified in GAO's Duplication
and Overlap reports. The amendment was not adopted by roll call
vote of 7 yeas and 8 nays, with Senators Paul, Lankford,
Romney, and Hawley voting in the affirmative, and Senators
Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, and Blumenthal
voting in the negative. Senators Johnson, Scott, and Marshall
voted yea by proxy, and Senator Carper voted nay by proxy.
Ranking Member Paul also offered Paul amendment 3, to
prohibit fire departments from receiving any federal funds if
they have dismissed an individual from employment solely
because the individual refused an order to receive a COVID-19
vaccine or spoke against the vaccine. Senator Peters offered a
second degree amendment to Paul amendment 3, to strike the
language of the Paul amendment and insert language requiring
GAO to conduct an audit and issue a public report, within three
years of enactment, on the barriers that prevent fire
departments from accessing Federal funds. The second degree
amendment was adopted by roll call vote of 8 yeas to 7 nays,
with Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff,
and Blumenthal voting in the affirmative, and Senators Paul,
Lankford, Romney, and Hawley voting in the negative. Senator
Carper voted yea by proxy and Senators Johnson, Scott, and
Marshall voted nay by proxy. The Committee adopted Paul
amendment 3, as modified by the Peters second degree amendment,
by voice vote, with Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Blumenthal, Paul, Lankford, Romney, and Hawley
present.
Ranking Member Paul then offered Paul amendment 4, to
prohibit the government of the People's Republic of China or
any person in the People's Republic of China from receiving
federal funds. Senator Peters offered a second degree amendment
to Paul amendment 4, to strike the language of the amendment
and insert language prohibiting the Government of the People's
Republic of China, or any entity within the People's Republic
of China, from being a recipient or subrecipient of grant
programs authorized under this bill. The Peters second degree
amendment was adopted by roll call vote of 8 yeas to 7 nays,
with Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff,
and Blumenthal voting in the affirmative, and Senators Paul,
Lankford, and Hawley voting in the negative. Senator Carper
voted yea by proxy and Senators Johnson, Romney, Scott, and
Marshall voted nay by proxy. The Committee adopted Paul
amendment 4, as modified by the Peters second degree amendment,
by voice vote, with Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Blumenthal, Paul, Lankford, and Hawley
present.
Senator Scott offered an amendment to require the Secretary
of the Treasury to identify unused funds from the Coronavirus
Relief Fund and the Coronavirus State and Local Fiscal Recovery
Fund programs, and transfer the funds to the Administrator of
the USFA. Senator Peters offered a second degree amendment, to
strike the language offered and instead require GAO to conduct
an audit of the USFA and issue a public report, within three
years of enactment. The Peters second degree amendment was
adopted by voice vote, with Senators Peters, Hassan, Sinema,
Rosen, Padilla, Ossoff, Blumenthal, Lankford, and Hawley
present. Senators Hawley and Lankford were recorded as voting
in the negative. The Committee adopted the Scott amendment, as
modified by the Peters second degree amendment, by voice vote,
with Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff,
Blumenthal, Lankford, and Hawley present. Senators Hawley and
Lankford were recorded as voting in the negative.
The bill, as amended, was ordered reported favorably by
voice vote, with Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Blumenthal, Lankford, and Hawley present.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section designates the name of the bill as the ``Fire
Grants and Safety Act.''
Section 2. Reauthorization of the United States Fire Administration
This section reauthorizes the authorization for
appropriations of the United States Fire Administration (USFA)
at $95 million for fiscal years 2024 through 2030. This section
states that $3.42 million of the funds appropriated will be
used to carry out technology development and standards
development. This section also makes a technical edit to delete
a duplicative word of the underlying statute.
Section 3. Reauthorization of Assistance for Firefighters Grants
program and the Fire Prevention and Safety Grants program
Subsection (a) changes the current sunset provision from
2024 to 2032 for the AFG program.
Subsection (b) extends the authorization of appropriations
for the AFG program through fiscal year 2030.
Section 4. Reauthorization of Staffing for Adequate Fire and Emergency
Response grant program
Subsection (a) changes the current sunset provision from
2024 to 2032 for the SAFER grant program.
Subsection (b) extends the authorization of appropriations
for the SAFER grant program through fiscal year 2030.
Section 5. GAO audit and report
This section requires GAO to conduct an audit and issue a
public report, within three years of enactment, on the barriers
that prevent fire departments from accessing Federal funds.
Section 6. Limitation on fire grant funds
This section prohibits the Government of the People's
Republic of China, or any entity within the People's Republic
of China, from receiving Federal assistance under the programs
of this bill.
Section 7. GAO audit
This section requires GAO to conduct an audit the USFA and
issue a public report, within three years of enactment.
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
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 559 would reauthorize appropriations, which expire at
the end of 2023, for operations of the U.S. Fire Administration
(USFA) and for two grant programs that organization
administers:
Assistance to Firefighters Grants (AFG),
which funds training and purchases of equipment and
vehicles, and
Staffing for Adequate Fire and Emergency
Response (SAFER), which helps state, local, and tribal
fire departments hire and retain firefighters and first
responders.
The bill would authorize the appropriation of $95 million
each year over the 2024-2030 period for USFA's operations. The
Congress provided $58 million for that purpose in fiscal year
2023.
The bill also would extend through 2030 the underlying
formula for the authorizations of appropriations for the grant
programs; those amounts are calculated by adjusting the amount
authorized for 2013 ($750 million) each year to account for
inflation. After accounting for inflation, CBO estimates that
S. 559 would authorize appropriations totaling $5.3 billion for
each program over the 2024-2028 period. The Congress provided
$360 million for each of them in fiscal year 2023.
In addition, S. 559 would require the Government
Accountability Office (GAO) to conduct two audits of the USFA
and report on those audits within three years of enactment.
Using information from GAO about the cost of similar audits,
CBO estimates that implementing those requirements would cost
about $1 million.
In total, based on historical spending patterns for USFA
and the grant programs, CBO estimates that implementing the
legislation would cost $9.7 billion over the 2024-2028,
assuming appropriation of the estimated amounts.
The costs of the legislation, detailed in Table 1, fall
within budget function 450 (community and regional
development).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 559
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
---------------------------------------------------------------
2023 2024 2025 2026 2027 2028 2023-2028
----------------------------------------------------------------------------------------------------------------
USFA Operations:
Authorization............................... 0 95 95 95 95 95 475
Estimated Outlays........................... 0 86 95 95 95 95 466
AFG Program:
Estimated Authorization..................... 0 1,015 1,038 1,059 1,081 1,104 5,297
Estimated Outlays........................... 0 609 876 997 1,068 1,091 4,641
SAFER Program:
Estimated Authorization..................... 0 1,015 1,038 1,059 1,081 1,104 5,297
Estimated Outlays........................... 0 609 876 997 1,068 1,091 4,641
GAO Audit and Reports:
Estimated Authorization..................... 0 * 1 * 0 0 1
Estimated Outlays........................... 0 * 1 * 0 0 1
Total Changes:
Estimated Authorization................. 0 2,125 2,172 2,213 2,257 2,303 11,070
Estimated Outlays....................... 0 1,304 1,848 2,089 2,231 2,277 9,749
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000. AFG = Assistance to Firefighters Grants; GAO = Government Accountability Office;
SAFER = Staffing for Adequate Fire and Emergency Response; USFA = U.S. Fire Administration.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
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):
FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974
* * * * * * *
SEC. 17. AUTHORIZATION OF APPROPRIATIONS
(a) * * *
* * * * * * *
(g)(1) Except as otherwise specifically provided with
respect to the payment of claims under section 11 of this Act,
there are authorized to be appropriated to carry out the
purposes of this Act--
(A) $63,000,000 for fiscal year 2005, of
which $2,266,000 shall be used to carry out
section 8(f);
* * * * * * *
(L) $76,490,890 for fiscal year 2016, of
which $2,753,672 shall be used to carry out
section 8(f); [and]
(M) $76,490,890 [for for] for each of fiscal
years 2017 through 2023, of which $2,753,672
for each such fiscal year shall be used to
carry out section 8(f)[.]; and
(N) $95,000,000 for each fiscal years 2024
through 2030, of which $3,420,000 for each such
fiscal year shall be used to carry out section
8(f).
* * * * * * *
SEC. 33. FIREFIGHTER ASSISTANCE.
* * * * * * *
(q) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section--
(A) * * *
(B) for each of fiscal years 2014 through
[2023] 2030, an amount equal to the amount
authorized for the previous fiscal year
increased by the percentage by which--
(i) * * *
(ii) * * *
(2) * * *
(3) * * *
* * * * * * *
(r) Sunset of Authorities.--The authority to award
assistance and grants under this section shall expire on
September 30, [2024] 2032.
* * * * * * *
SEC. 34. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.
* * * * * * *
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated for the purposes of carrying out this
section--
* * * * * * *
(I) for each of fiscal years 2014 through
[2023] 2030, an amount equal to the amount
authorized for the previous fiscal year
increased by the percentage by which--
(i) * * *
(ii) * * *
(2) * * *
(3) * * *
(k) Sunset of Authorities.--The authority to award
assistance and grants under this section shall expire on
September 30, [2024] 2032.
* * * * * * *
[all]