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87–543PS 2003

H.R. 1118: STAFFING FOR ADEQUATE

FIRE AND EMERGENCY RESPONSE (SAFER)

ACT OF 2003

HEARING

BEFORE THE

COMMITTEE ON SCIENCE

HOUSE OF REPRESENTATIVES

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

JUNE 4, 2003

Serial No. 108–15

Printed for the use of the Committee on Science

(

Available via the World Wide Web: http://www.house.gov/science

(II)

COMMITTEE ON SCIENCE

HON. SHERWOOD L. BOEHLERT, New York, Chairman

LAMAR S. SMITH, Texas

CURT WELDON, Pennsylvania

DANA ROHRABACHER, California

JOE BARTON, Texas

KEN CALVERT, California

NICK SMITH, Michigan

ROSCOE G. BARTLETT, Maryland

VERNON J. EHLERS, Michigan

GIL GUTKNECHT, Minnesota

GEORGE R. NETHERCUTT, JR.,

Washington

FRANK D. LUCAS, Oklahoma

JUDY BIGGERT, Illinois

WAYNE T. GILCHREST, Maryland

W. TODD AKIN, Missouri

TIMOTHY V. JOHNSON, Illinois

MELISSA A. HART, Pennsylvania

JOHN SULLIVAN, Oklahoma

J. RANDY FORBES, Virginia

PHIL GINGREY, Georgia

ROB BISHOP, Utah

MICHAEL C. BURGESS, Texas

JO BONNER, Alabama

TOM FEENEY, Florida

RANDY NEUGEBAUER, Texas

RALPH M. HALL, Texas

BART GORDON, Tennessee

JERRY F. COSTELLO, Illinois

EDDIE BERNICE JOHNSON, Texas

LYNN C. WOOLSEY, California

NICK LAMPSON, Texas

JOHN B. LARSON, Connecticut

MARK UDALL, Colorado

DAVID WU, Oregon

MICHAEL M. HONDA, California

CHRIS BELL, Texas

BRAD MILLER, North Carolina

LINCOLN DAVIS, Tennessee

SHEILA JACKSON LEE, Texas

ZOE LOFGREN, California

BRAD SHERMAN, California

BRIAN BAIRD, Washington

DENNIS MOORE, Kansas

ANTHONY D. WEINER, New York

JIM MATHESON, Utah

DENNIS A. CARDOZA, California

VACANCY

(III)

C O N T E N T S

June 4, 2003

Page

Witness List ............................................................................................................. 2

Hearing Charter ...................................................................................................... 3

Opening Statements

Statement by Representative Sherwood L. Boehlert, Chairman, Committee

on Science, U.S. House of Representatives ........................................................ 15

Written Statement ............................................................................................ 16

Statement by Representative Ralph M. Hall, Minority Ranking Member,

Committee on Science, U.S. House of Representatives ..................................... 17

Written Statement ............................................................................................ 17

Statement by Representative Nick Smith, Chairman, Subcommittee on Research, Committee on Science, U.S. House of Representatives ........................ 18

Written Statement ............................................................................................ 19

Prepared Statement by Representative Jerry F. Costello, Member, Committee

on Science, U.S. House of Representatives ........................................................ 20

Prepared Statement by Representative Eddie Bernice Johnson, Ranking Minority Member, Subcommittee on Research, Committee on Science, U.S.

House of Representatives .................................................................................... 21

Prepared Statement by Representative Zoe Lofgren, Member, Subcommittee

on Research, Committee on Science, U.S. House of Representatives .............. 21

Panel 1:

Representative Curt Weldon from the State of Pennsylvania; Member, Committee on Science, U.S. House of Representatives

Oral Statement ................................................................................................. 22

Representative Bill Pascrell, Jr., from the State of New Jersey

Oral Statement ................................................................................................. 25

Written Statement ............................................................................................ 27

Panel 2:

Senator Christopher J. Dodd from the State of Connecticut

Oral Statement ................................................................................................. 28

Written Statement ............................................................................................ 30

Panel 3:

James M. Shannon, President, National Fire Protection Association

Oral Statement ................................................................................................. 33

Written Statement ............................................................................................ 35

Biography .......................................................................................................... 37

Financial Disclosure ......................................................................................... 38

Michael D. Quill, Chief, Auburn, New York Fire Department

Oral Statement ................................................................................................. 40

Written Statement ............................................................................................ 41

Biography .......................................................................................................... 43

Financial Disclosure ......................................................................................... 44

Page

IV

Jeffrey C. Cash, Chief, Cherryville, North Carolina Fire Department

Oral Statement ................................................................................................. 45

Written Statement ............................................................................................ 46

Biography .......................................................................................................... 49

Financial Disclosure ......................................................................................... 52

Michael D. McNeill, 9th District Vice President, International Association

of Firefighters

Oral Statement ................................................................................................. 52

Written Statement ............................................................................................ 54

Biography .......................................................................................................... 58

Financial Disclosure ......................................................................................... 59

Discussion ................................................................................................................. 60

Appendix 1: Additional Material for the Record

Statement Concerning H.R. 1118, submitted on behalf of the ‘‘Two-Hatters

Coalition’’ .............................................................................................................. 78

H.R. 1118, Staffing for Adequate Fire and Emergency Response Firefighters

Act of 2003 ............................................................................................................ 83

(1)

H.R. 1118, STAFFING FOR ADEQUATE FIRE

AND EMERGENCY RESPONSE (SAFER) ACT

OF 2003

WEDNESDAY, JUNE 4, 2003

HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE, Washington, DC.

The Committee met, pursuant to call, at 10 a.m., in Room 2318

of the Rayburn House Office Building, Hon. Sherwood L. Boehlert

(Chairman of the Committee) presiding.

2

3

HEARING CHARTER

COMMITTEE ON SCIENCE

U.S. HOUSE OF REPRESENTATIVES

H.R. 1118, Staffing for Adequate

Fire and Emergency Response (SAFER)

Act of 2003

WEDNESDAY, JUNE 4, 2003

10:00 A.M.–12:00 P.M. 2318 RAYBURN HOUSE OFFICE BUILDING

1. PURPOSE

On Wednesday, June 4, 2003, the House Science Committee will hold a hearing

to receive testimony on H.R. 1118, Staffing for Adequate Fire and Emergency Response (SAFER) Act of 2003, introduced by Chairman Boehlert on March 6, 2003.

2. WITNESSES

The Honorable James Shannon is a former member of Congress and President

of the National Fire Protection Association (NFPA), a nonprofit organization with

75,000 members aimed at reducing the burden of fire hazards by providing and advocating scientifically-based consensus codes and standards, research, training, and

education.

Mr. Michael Quill is chief of the Auburn, New York Fire Department. The Auburn

Fire Department serves a population 29,000 and is staffed by approximately 70 career firefighters.

Mr. Jeff Cash is chief of the Cherryville, North Carolina Fire Department. The

Cherryville F.D. serves a community of 5,800 and is staffed by eight full-time and

30 volunteer firefighters.

Mr. Mike McNeill is 9th District Vice President of the International Association

of Firefighters (IAFF) in Denver, Colorado.

3. OVERARCHING QUESTIONS

The hearing will address the following overarching questions:

• What are some of the personnel challenges facing urban and rural, volunteer

and career fire departments in terms of preparedness and response capabilities?

• How have issues such as changing demands on the fire services, the threat

of terrorism, and National Fire Protection Association (NFPA) staffing standards affected the ability of the fire services to respond to emergencies? How

have these issues, along with tight State and local government budgets, affected the need to address staffing issues?

• Why should the Federal Government become involved in the staffing of local

fire departments?

• How can H.R. 1118 best address the personnel-related findings and recommendations of the Congressionally mandated report, A Needs Assessment

of the U.S. Fire Service?

4. BRIEF OVERVIEW

• In 1974, Congress enacted the Federal Fire Prevention and Control Act, which

established the United States Fire Administration (USFA) in response to the

loss of life and property to fire. Since that time, USFA has helped reduce

deaths and other fire-related losses through data collection, public education,

research, and training.

• Today, almost 30 years since USFA was created, fire-related injuries and

losses are dramatically lower. However, the U.S. still has one of the worst fire

safety records in the industrialized world, including a per capita death rate

significantly higher than most other developed countries.

4

• As part of a larger effort to address these continued safety concerns, the National Fire Protection Association (NFPA) developed comprehensive standards

to guide career and volunteer fire departments on the minimum number of

personnel needed for safe and effective firefighting in various emergency situations. The standards, known as NFPA 1710 and NFPA 1720, were formally

approved by NFPA in August 2001.

• The International Association of Fire Chiefs (IAFC) has estimated that twothirds of the Nation’s 26,000 fire departments do not meet the recommended

minimum staffing called for in the NFPA standards, and that 75,000 new

firefighters would be needed to bring those departments into compliance.

• On March 6, 2003, Chairman Boehlert introduced H.R. 1118, Staffing for Adequate Fire and Emergency Response (SAFER) Act of 2003, which authorizes

the USFA to award grants to career, volunteer, and combination fire departments for the purpose of hiring new firefighters.

• On May 22nd, 2003, an amendment to the FY 2004 Senate Defense Authorization bill containing language establishing a modified version of the SAFER

grant program was offered by Senator Dodd and passed by the Senate. The

Science Committee will be a conferee to this section of the bill.

5. BACKGROUND

In the early 1970’s, the President’s National Commission on Fire Prevention and

Control issued America Burning, a report that outlined the glaring deficiencies in

the Nation’s fire program. According to the report, nearly 12,000 lives were lost,

nearly 300,000 men, women and children were injured and more than $3 billion in

economic losses were suffered due to fire annually. In response, Congress passed the

National Fire Prevention and Control Act of 1974 to create the United States Fire

Administration (USFA) and to establish a federal role in fire protection.

In 2000, Congress established the Assistance to Firefighters grant program within

USFA to provide fire departments with direct financial assistance toward meeting

basic minimum equipment and resource needs (P.L. 106–398). Now in its third year,

the program has grown from a $100 million appropriation in FY 2001 to $745 million in FY 2003. It is authorized at $900 million through FY 2004. USFA received

almost 20,000 applications seeking over $2 billion for this year’s grant program. The

grants were reviewed and ranked by panels of firefighters in April, and USFA will

begin announcing recipients in mid-June.

Today, USFA, a directorate within the Federal Emergency Management Agency

(FEMA), is the national leader in fire safety and prevention, supporting the efforts

of local communities to reduce the number of fires and fire deaths. Located in Emmitsburg, Maryland, USFA has overall responsibility for fire prevention and control,

including training, public education, research, and data collection and analysis. On

March 1, 2003, FEMA and USFA officially became part of the Emergency Preparedness and Response Directorate of the Department of Homeland Security.

Fire in the United States

Since the creation of USFA, fire losses in the United States have decreased significantly. Data on fire-related losses from 1989 to 1998 show the number of fires,

injuries, and economic losses declining by 21, 27, and 28 percent from the previous

decade, respectively. Yet, despite these successes, the United States still has one of

the worst fire safety records in the industrialized world, with a per capital death

rate that is two-to-three times several European nations and at least 20 percent

higher than most developed countries. Approximately 4,000 people continue to die

each year from fire, including an average of 100 firefighters (446 died in 2001, 343

of whom were killed during the World Trade Center rescue effort). Every 18 seconds, a fire department responds to a call somewhere in the United States.

Improvements in incident reporting and data analyses of these fire calls have

helped to identify areas where gaps in safety exist. For instance, analyses undertaken by USFA’s National Fire Data Center show that structure fires (commercial

and residential buildings), while accounting for just over 25 percent of all fires, are

responsible for the overwhelming majority of deaths, injuries, and economic losses.

Most dangerous of these fires are those in residential homes, accounting for 70 percent of all fire deaths each year. In fact, firefighters are nearly ten times more likely

to be injured in a structure fire than all other fires combined, and the evidence suggests that inadequate staffing is one of the primary causes for the higher injury

rate. According to the data, 69 percent of jurisdictions with crew sizes of four or

fewer firefighters had injury rates of ten or more per 100 firemen, but only 38 percent of those with crew sizes of four or more firefighters had comparable injury

rates.

5

Fire Services Staffing Standards

In 2001, the National Fire Protection Association (NFPA), the private, standard

setting body for fire related issues, approved voluntary standards to provide comprehensive and uniform guidelines for the minimum number of personnel needed for

safe and effective firefighting in various situations, so that fire departments would

be fully capable of safely extinguishing the fires and minimizing the loss of life and

property. Specifically, NFPA 1710, the ‘‘Standard for the Organization and Deployment of Fire Suppression, Emergency Medical Operations, and Special Operations

to the Public by Career Fire Departments,’’ required each firefighter unit or ‘‘company’’ (i.e., engine company, ladder company, squad, etc.) to include at least four

firefighters for standard firefighting, and five to six personnel in hazardous or highrisk areas. NFPA 1720, the ‘‘Standard on Volunteer Fire Service Deployment,’’ required an initial assembly of at least four volunteer personnel before fire suppression activities can begin at a structural fire.

NFPA is not a governmental agency and it does not have the authority to impose

regulation on fire departments, but many state and local jurisdictions have either

incorporated or plan to incorporate NFPA 1710 and 1720 into their fire codes. Further, because of legal concerns, many fire departments are seeking to come into

compliance regardless of whether the standards have been officially adopted in their

jurisdictions. NFPA 1710 and 1720 are also expected to improve compliance with

the Occupational Safety and Health Administration’s (OSHA) ‘‘2-in/2-out’’ rule. This

rule, established in 1998, requires that each two-man attack team be assisted by

a two man back up team outside of all buildings for all fires that are determined

to be Immediately Dangerous to Life and Health (IDLH).

Finally, the increased staffing under NFPA 1710 and 1720 is expected to help to

address the expanding responsibilities of the fire services. In recent years, communities and their citizens have grown accustomed to relying on fire departments to

respond to a range of emergency situations, including medical emergencies, hazardous materials, natural disasters, bombs, and acts of terrorism. In addition to the

increased training and equipment needs, this expanded role also requires an increase in staffing. Yet, according to the International Association of Fire Chiefs, approximately two-thirds of the Nation’s 26,000 fire departments do not currently

have adequate staffing, and that 75,000 new firefighters would need to be hired to

bring all departments into compliance.

FEMA–NFPA Needs Assessment

In the legislation that established the USFA Assistance to Firefighters Grant Program (P.L. 106–398, Section 1701), Congress required FEMA to conduct a study in

conjunction with NFPA to:

(a) define the current role and activities associated with the fire services;

(b) determine the adequacy of current levels of funding; and

(c) provide a needs assessment to identify shortfalls.

The comprehensive undertaking surveyed fire department capabilities in a wide

range of subject areas, including: personnel and their capabilities; fire prevention

and code enforcement; facilities, apparatus, and equipment; communications and

communications equipment; ability to handle unusually challenging incidents; and

new and emerging technology.

The NFPA analysis of fire service personnel capabilities provides a detailed look

at fire services demographics and challenges facing local departments across various

types of communities and emergency situations. The survey estimates that there

about 1.1 million firefighters in the country (Table 1), about 75 percent of whom are

volunteers. Only 10 percent of fire departments are either all-career or mostly-career, but these departments protect about two-thirds of the U.S. population.

The Needs Assessment also revealed a significant amount of information on the

number of personnel typically responding to various emergency situations. For example, the survey found that 21 percent of volunteer departments protecting communities with fewer than 2,500 people respond with an average of four or fewer volunteers to mid-day house fires. According to the survey, this translates into at least

86,000 firefighters serving in departments where compliance with minimum response standards is a problem. Similar concerns were found with regard to career

departments. An estimated 73,000 career firefighters serve in departments (that

protect communities of over 50,000 people) that have fewer than four career firefighters assigned to an engine—the minimum number called for in the NFPA 1710

Standard.

6

6. H.R. 1118, STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) ACT—SUMMARY

On March 6, 2003, Chairman Boehlert introduced H.R.1118, Staffing for Adequate

Fire and Emergency Response (SAFER) Act of 2003. The purpose of the legislation

is to help communities across America meet new minimum staffing standards for

the fire services so they have adequate manpower to protect against fires, acts of

terrorism, and other hazards. A similar federal hiring program to increase the number of police officers protecting America’s communities exists within the Department

of Justice.

The legislation authorizes $7.6 billion over seven years for the USFA to award

grants to State and local governments to pay the salaries and benefits for three

years for each new firefighter. Under the legislation, all fire departments, volunteer

and career, would be eligible to apply. In exchange, the grantee would have to retain

the new hires for at least one year following the termination of the grant and they

would have to put up a nonfederal funding match of 25 percent.

Several versions of SAFER were introduced during the 107th Congress, including

H.R. 3992 (Boehlert), and, on October 2, 2002, the House Science Committee had

a hearing on the legislation. This year, Senator Dodd (D–CT) has introduced Senate

companion legislation to H.R. 1118 (S. 544). H.R. 1118 has been endorsed by the

International Association of Fire Chiefs (IAFC), IAFF, and NFPA.

On May 22nd, 2003, an amendment to the FY 2004 Senate Defense Authorization

bill containing language establishing a modified version of the SAFER grant program was offered by Senator Dodd and passed by the Senate. The amendment differs from H.R. 1118 in several aspects. Most significantly, the Dodd language does

not explicitly designate USFA as the granting agency and does require that grants

go directly to local departments (these changes were likely made for jurisdictional

reasons). Also, the amendment authorizes funds to carry out the SAFER program

for three years, not seven years as in H.R. 1118.

7. QUESTION FOR WITNESSES

In addition to providing comments and recommendations for improvement to H.R.

1118, the witnesses were asked to address the following questions in their testimony:

7

Questions for Mr. Shannon

• How do the findings of the recent FEMA/NFPA study, A Needs Assessment

of the U.S. Fire Service, relate to personnel and their capabilities? In particular, how extensive are personnel shortfalls (in career, volunteer, and combination departments), and how are they endangering the safety of firefighters and hindering the ability of first responders to effectively protect the

public from fires and other hazards?

• With regard to personnel, how are fire department demographics changing,

and how do staffing challenges differ across departments of varying sizes and

capabilities? What steps does NFPA recommend Federal, State, and local governments take to address staffing issues?

• How would implementation of the NFPA 1710 and 1720 staffing and response

standards improve the ability of fire departments to safely and effectively respond to emergencies? What is the level of adoption and implementation since

the standards were finalized two years ago? What impediments exist to

broader adoption of the standards and what steps can be taken to remove

them?

Questions for all other witnesses

• Why should the Federal Government become involved in staffing and equipping local fire departments?

• How have changes related to emergency response service expectations, state

and local budget allocations, and National Fire Protection Association personnel standards affected your department’s ability to meet staffing demands?

How have the above issues generally affected other departments in your area,

and how are they working to meet their staffing and training needs?

8

APPENDIX I

SECTION-BY-SECTION OF H.R. 1118

Sec. 1. Short Title.

‘‘Staffing for Adequate Fire and Emergency Response Firefighters Act of 2003’’

Sec. 2. Office of Grant Management.

Amends the Federal Fire Prevention and Control Act of 1974 (15 USC 2201), redesignating current sections 33 and 34 as sections 35 and 36, respectively, and inserting a new section 34.

Sec. 34. Grant Authority.

Subsection (a): Authority to Make Grants.

Authorizes the Administrator to make grants directly to career, volunteer, and

combination fire departments for the purpose of increasing the number of firefighters to help communities meet industry minimum standards to provide adequate

protection from fire and fire-related hazards, including acts of terrorism. Authorizes

a grant period of four years to hire new, additional firefighters, and requires grantees to retain newly hired firefighters for at least one year beyond the termination

of the grant period. Authorizes Administrator to give preferential consideration to

applicants that propose non-federal contributions in excess of the following annual

minimums: 10 percent in year one; 20 percent in year two; 50 percent in year three;

and 70 percent in year four. Sunsets the authority for hiring grants 10 years after

enactment, and requires the Administrator to report to Congress on the grant process.

Subsection (b): Applications.

Requires applications to include, at a minimum: (A) explanation of the applicant’s

inability to address the need without federal assistance; (B) explanation of how the

applicant plans to meet the matching requirements in subsection (a); (C) long-term

plans for retaining firefighters following the conclusion of federal support; and (D)

assurances that the applicant will recruit and hire members of racial and ethnic minority groups, and women.

Subsection (c): Limitation on use of Funds.

Limits funding under the grant program to salaries and benefits for hiring new,

career firefighters, and requires that funding does not supplant State or local funds.

Requires that total funding over four years for hiring a firefighter must not exceed

$100,000, and adjusts the cap annually for inflation beginning in FY 2005.

Subsection (d): Performance Evaluation.

Authorizes the Administrator to require grant recipients to submit any information the Administrator considers necessary to evaluate the grant program.

Subsection (e): Revocation or Suspension of Funding.

Authorizes the Administrator to revoke funding if a grant recipient is not in substantial compliance with the terms of an approved application.

Subsection (f): Access to Documents.

Authorizes the Administrator (as well as the Comptroller General) to have access

to all records pertaining to the grant.

Subsection (g): Definitions.

Defines ‘firefighter’ as ‘an employee, including a firefighter, paramedic, emergency

medical technician, rescue worker, ambulance personnel, or hazardous materials

worker, who—(1) is trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is employed by a fire department of a municipality, county, fire district, or State; and (2) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life,

property, or the environment is at risk. (definition of ‘employee in fire protection activities’ in the Fair Labor Standards Act, 29 USC 203(y)).

Defines ‘Indian Tribe’ as ‘a tribe, band, pueblo, nation, or other organized group

or community of Indians, including an Alaska Native village that is recognized as

eligible for the special programs and services provided by the United States to Indians because of their status as Indians’.

Subsection (h): Authorization of Appropriations.

Authorizes $1,000,000,000 for FY 2004;

9

$1,030,000,000 for FY 2005;

$1,061,000,000 for FY 2006;

$1,093,000,000 for FY 2007;

$1,126,000,000 for FY 2008;

$1,159,000,000 for FY 2009; and

$1,194,000,000 for FY 2010.

10

APPENDIX II

Text of Dodd amendment to FY 2004 Senate Defense Authorization bill (S. 1050,

SAFER begins at subsection (f))

SA 785. Mr. DODD submitted an amendment intended to be proposed by him to

the bill S. 1050, to authorize appropriations for fiscal year 2004 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal

year for the Armed Forces, and for other purposes; which was ordered to lie on the

table; as follows:

SEC. 852. FEDERAL SUPPORT FOR ENHANCEMENT OF STATE AND LOCAL

ANTI-TERRORISM RESPONSE CAPABILITIES.

(a) PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND SERVICES BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL CONTRACTS.——

(1) ESTABLISHMENT OF PROGRAM.—The President shall designate an officer

or employee of the United States——

(A) to establish, and the designated official shall establish, a program under which

States and units of local government may procure through contracts entered into by

the designated official anti-terrorism technologies or anti-terrorism services for the

purpose of preventing, detecting, identifying, otherwise deterring, or recovering from

acts of terrorism; and

(B) to carry out the SAFER grant program provided for under subsection (f).

(2) DESIGNATED FEDERAL PROCUREMENT OFFICIAL FOR PROGRAM.—In

this section, the officer or employee designated by the President under paragraph

(1) shall be referred to as the ‘‘designated federal procurement official’’.

(3) AUTHORITIES.—Under the program, the designated federal procurement

official——

(A) may, but shall not be required to, award contracts using the same authorities

as are provided to the Administrator of General Services under section 309(b)(3) of

the Federal Property and Administrative Services Act (41 U.S.C. 259(b)(3)); and

(B) may make SAFER grants in accordance with subsection (f).

(4) OFFERS NOT REQUIRED TO STATE AND LOCAL GOVERNMENTS.—A

contractor that sells anti-terrorism technology or anti-terrorism services to the Federal Government may not be required to offer such technology or services to a State

or unit of local government under the program.

(b) RESPONSIBILITIES OF THE CONTRACTING OFFICIAL.—In carrying out

the program established under this section, the designated federal procurement official shall——

(1) produce and maintain a catalog of anti-terrorism technologies and anti-terrorism services suitable for procurement by States and units of local government

under this program; and

(2) establish procedures in accordance with subsection (c) to address the procurement of anti-terrorism technologies and anti-terrorism services by States and units

of local government under contracts awarded by the designated official.

(c) REQUIRED PROCEDURES.—The procedures required by subsection (b)(2)

shall implement the following requirements and authorities:

(1) SUBMISSIONS BY STATES.——

(A) REQUESTS AND PAYMENTS.—Except as provided in subparagraph (B),

each State desiring to participate in a procurement of anti-terrorism technologies or

anti-terrorism services through a contract entered into by the designated federal

procurement official under this section shall submit to that official in such form and

manner and at such times as such official prescribes, the following:

(i) REQUEST.—A request consisting of an enumeration of the technologies or

services, respectively, that are desired by the State and units of local government

within the State.

(ii) PAYMENT.—Advance payment for each requested technology or service in an

amount determined by the designated official based on estimated or actual costs of

the technology or service and administrative costs incurred by such official.

11

(B) OTHER CONTRACTS.—The designated federal procurement official may

award and designate contracts under which States and units of local government

may procure anti-terrorism technologies and anti-terrorism services directly from

the contractors. No indemnification may be provided under Public Law 85–804 pursuant to an exercise of authority under section 851 for procurements that are made

directly between contractors and States or units of local government.

(2) PERMITTED CATALOG TECHNOLOGIES AND SERVICES.—A State may

include in a request submitted under paragraph (1) only a technology or service listed in the catalog produced under subsection (b)(1).

(3) COORDINATION OF LOCAL REQUESTS WITHIN STATE.—The Governor of

a State may establish such procedures as the Governor considers appropriate for administering and coordinating requests for anti-terrorism technologies or anti-terrorism services from units of local government within the State.

(4) SHIPMENT AND TRANSPORTATION COSTS.—A State requesting anti-terrorism technologies or anti-terrorism services shall be responsible for arranging and

paying for any shipment or transportation of the technologies or services, respectively, to the State and localities within the State.

(d) REIMBURSEMENT OF ACTUAL COSTS.—In the case of a procurement

made by or for a State or unit of local government under the procedures established

under this section, the designated federal procurement official shall require the

State or unit of local government to reimburse the Department for the actual costs

it has incurred for such procurement.

(e) TIME FOR IMPLEMENTATION.—The catalog and procedures required by

subsection (b) of this section shall be completed as soon as practicable and no later

than 210 days after the enactment of this Act.

(f) SAFER GRANT PROGRAM.——

(1) AUTHORITY.—The designated federal procurement official in cooperation

with the Secretary of the Department of Homeland Security or his designee, is authorized to make grants to eligible entities for the purpose of supporting increases

in the number of permanent positions for firefighters in fire services to ensure staffing at levels and with skill mixes that are adequate emergency response to incidents

or threats of terrorism.

(2) USE OF FUNDS.—The proceeds of a SAFER grant to an eligible entity may

be used only for the purpose specified in paragraph (1).

(3) DURATION.—A SAFER grant to an eligible entity shall provide funding for

a period of 4 years. The proceeds of the grant shall be disbursed to the eligible entity in 4 equal annual installments.

(4) NON-FEDERAL SHARE.——

(A) REQUIREMENT.—An eligible entity may receive a SAFER grant only if the

entity enters into an agreement with the designated federal procurement official to

contribute non-federal funds to achieve the purpose of the grant in the following

amounts:

(i) During the second year in which funds of a SAFER grant are received, an

amount equal to 25 percent of the amount of the SAFER grant funds received that

year.

(ii) During the third year in which funds of a SAFER grant are received, an

amount equal to 50 percent of the amount of the SAFER grant funds received that

year.

(iii) During the fourth year in which funds of a SAFER grant are received, an

amount equal to 75 percent of the amount of the SAFER grant funds received that

year.

(B) WAIVER.—The designated federal procurement official may waive the requirement for a non-federal contribution described in subparagraph (A) in the case

of any eligible entity.

(C) ASSET FORFEITURE FUNDS.—An eligible entity may use funds received

from the disposal of property transferred to the eligible entity pursuant to section

9703(h) of title 31, United States Code, section 981(e) of title 18, United States

Code, or section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a) to provide the nonfederal share required under paragraph (1).

12

(D) BIA FUNDS.—Funds appropriated for the activities of any agency of a tribal

organization or for the Bureau of Indian Affairs to perform firefighting functions on

any Indian lands may be used to provide the share required under subparagraph

(A), and such funds shall be deemed to be non-federal funds for such purpose.

(5) APPLICATIONS.——

(A) REQUIREMENT.—To receive a SAFER grant, an eligible entity shall submit

an application for the grant to the designated federal procurement official.

(B) CONTENT.—Each application for a SAFER grant shall contain, for each fire

service covered by the application, the following information:

(i) A long-term strategy for increasing the force of firefighters in the fire service

to ensure readiness for appropriate and effective emergency response to incidents

or threats of terrorism.

(ii) A detailed plan for implementing the strategy that reflects consultation with

community groups, consultation with appropriate private and public entities, and

consideration of any master plan that applies to the eligible entity.

(iii) An assessment of the ability of the eligible entity to increase the force of firefighters in the fire service without federal assistance.

(iv) An assessment of the levels of community support for increasing that force,

including financial and in-kind contributions and any other available community resources.

(v) Specific plans for obtaining necessary support and continued funding for the

firefighter positions proposed to be added to the fire service with SAFER grant

funds.

(vi) An assurance that the eligible entity will, to the extent practicable, seek to

recruit and employ (or accept the voluntary services of) firefighters who are members of racial and ethnic minority groups or women.

(vii) Any additional information that the designated federal procurement official

considers appropriate.

(C) SPECIAL RULE FOR SMALL COMMUNITIES.—The designated federal procurement official may authorize an eligible entity responsible for a population of less

than 50,000 to submit an application without information required under subparagraph (B), and may otherwise make special provisions to facilitate the expedited

submission, processing, and approval of an application by such an entity.

(D) PREFERENTIAL CONSIDERATION.—The designated federal procurement

official may give preferential consideration, to the extent feasible, to an application

submitted by an eligible entity that agrees to contribute a non-federal share higher

than the share required under paragraph (4)(A).

(E) ASSISTANCE WITH APPLICATIONS.—The designated federal procurement

official is authorized to provide technical assistance to an eligible entity for the purpose of assisting with the preparation of an application for a SAFER grant.

(6) SPECIAL RULES ON USE OF FUNDS.——

(A) SUPPLEMENT NOT SUPPLANT.—The proceeds of a SAFER grant made to

an eligible entity shall be used to supplement and not supplant other federal funds,

State funds, or funds from a subdivision of a State, or, in the case of a tribal organization, funds supplied by the Bureau of Indian Affairs, that are available for salaries or benefits for firefighters.

(B) LIMITATION RELATING TO COMPENSATION OF FIREFIGHTERS.——

(i) IN GENERAL.—The proceeds of a SAFER grant may not be used to fund the

pay and benefits of a full-time firefighter if the total annual amount of the pay and

benefits for that firefighter exceeds $100,000. The designated federal procurement

official may waive the prohibition in the proceeding sentence in any particular case.

(ii) ADJUSTMENT FOR INFLATION.—Effective on October 1 of each year, the

total annual amount applicable under subparagraph (A) shall be increased by the

percentage (rounded to the nearest one-tenth of one percent) by which the Consumer Price Index for all-urban consumers published by the Department of Labor

for July of such year exceeds the Consumer Price Index for all-urban consumers

published by the Department of Labor for July of the preceding year. The first adjustment shall be made on October 1, 2004.

13

(7) PERFORMANCE EVALUATION.——

(A) REQUIREMENT FOR INFORMATION.—The designated federal procurement

official shall evaluate, each year, whether an entity receiving SAFER grant funds

in such year is substantially complying with the terms and conditions of the grant.

The entity shall submit to the designated federal procurement official any information that the designated federal procurement official requires for that year for the

purpose of the evaluation.

(B) REVOCATION OR SUSPENSION OF FUNDING.—If the designated federal

procurement official determines that a recipient of a SAFER grant is not in substantial compliance with the terms and conditions of the grant the designated federal

procurement official may revoke or suspend funding of the grant.

(8) ACCESS TO DOCUMENTS.——

(A) AUDITS BY DESIGNATED FEDERAL PROCUREMENT OFFICIAL.—The

designated federal procurement official shall have access for the purpose of audit

and examination to any pertinent books, documents, papers, or records of an eligible

entity that receives a SAFER grant.

(B) AUDITS BY THE COMPTROLLER GENERAL.—Subparagraph (A) shall also

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.

(9) TERMINATION OF SAFER GRANT AUTHORITY.——

(A) IN GENERAL.—The authority to award a SAFER grant shall terminate at

the end of September 30, 2010.

(B) REPORT TO CONGRESS.—Not later than two years after the date of the enactment of this Act, the designated federal procurement official shall submit to Congress a report on the SAFER grant program under this section. The report shall include an assessment of the effectiveness of the program for achieving its purpose,

and may include any recommendations that the designated federal procurement official has for increasing the forces of firefighters in fire services.

(10) DEFINITIONS.—In this subsection:

(A) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means——

(i) a State;

(ii) a subdivision of a State;

(iii) a tribal organization;

(iv) any other public entity that the designated federal procurement official determines appropriate for eligibility under this section; and

(v) a multijurisdictional or regional consortium of the entities described in clauses

(i) through (iv).

(B) FIREFIGHTER.—The term ‘‘firefighter’’ means an employee or volunteer

member of a fire service, including a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous materials worker,

who——

(i) is trained in fire suppression and has the legal authority and responsibility to

engage in fire suppression; or

(ii) is engaged in the prevention, control, and extinguishment of fires or response

to emergency situations where life, property, or the environment is at risk.

(C) FIRE SERVICE.—The term ‘‘fire service’’ includes an organization described

in section 4(5) of the Federal Fire Prevention and Control Act of 1974 that is under

the jurisdiction of a tribal organization.

(D) MASTER PLAN.—The term ‘‘master plan’’ has the meaning given the term

in section 10 of the Federal Fire Prevention and Control Act of 1974.

(E) SAFER GRANT.—The term ‘SAFER grant’ means a grant of financial assistance under this subsection.

(F) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ has the meaning

given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

14

(11) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the purpose of carrying out this section such sums as may be necessary from the Department of Homeland Security, up to——

(A) $1,000,000,000 for fiscal year 2004;

(B) $1,030,000,000 for fiscal year 2005;

(C) $1,061,000,000 for fiscal year 2006;

APPENDIX III

For text of H.R. 1118, see Appendix 1: Additional Material for the Record.

15

Chairman BOEHLERT. Let me welcome everyone here this morning to our hearing on a very serious subject that is too rarely discussed: fire safety. I think most of us think of a fire as a distant

threat, perhaps even an archaic one, and yet fire kills about 4,000

Americans each year, injures many more, and causes hundreds of

millions of dollars in economic losses. But those staggering losses

are not inevitable.

Since the Federal Government began investing in improving fire

prevention and firefighting in 1974, the number of fire deaths has

dropped by o. We need to do better than that. The United States

still has one of the highest fire loss rates in the industrialized

world. Today’s hearing is really about what we can do to prevent

death and destruction in every community throughout this country.

Excuse me. And while firefighting is and ought to remain a local

responsibility, the Federal Government has a role to play in saving

lives and property, a junior role to be sure, but a significant one.

This Committee has a long history of ensuring that the Federal

Government fulfills that role. Indeed, one of the first bills I authored as a Member of this committee was the Hotel/Motel Fire

Safety Act many years ago, which has led to the installation of life

saving fire sprinklers and smoke detectors in hotels and motels

throughout the United States. As Chairman, I want to ensure that

the Science Committee continues to work to protect Americans

from the ravages of fire.

One way we can do that is by helping communities see that their

fire departments are adequately staffed. Today, most fire departments can’t meet the National Fire Protection Association standards for staffing. That is wrong, and it is dangerous. My bill, the

Staffing for Adequate Fire and Emergency Response, which we affectionately call the SAFER Act, is designed to rectify that situation. And I look forward to hearing testimony on it today.

The SAFER Act recognizes that our firefighters do more than

just extinguish fires, an important and often life-threatening task

in and of itself. As we all learned on September 11, firefighters are

our first responders to a range of emergencies, saving lives through

evacuations among other tasks. Equally important is the fire prevention and education work undertaken by many of our nation’s

fire departments and the fire investigation work.

What it comes down to is this: without really thinking about it,

we expect our fire departments to perform a range of services that

are absolutely critical to health and well being, indeed, the survival

of our citizens. We need to ensure that our fire departments have

the staff and the equipment to carry out their work. This year, we

are farther ahead in the process because a modified version of

SAFER has been added to the Armed Services Bill.

And I am pleased that Senator Dodd, the lead author of this language in the Senate, will be joining us shortly. We also invited his

partner in the effort, Senator Warner of Virginia, but unfortunately, his schedule would not allow him to appear. We will be

hearing, first of all, from two Members of the House, including

Representative Curt Weldon of our Committee, who has been a

very powerful and effective voice for the fire services since he came

to Congress almost 20 years ago, and Representative Pascrell, the

lead Democrat sponsor of H.R. 1118. These two gentlemen are in

16

the forefront of the effort, and they deserve to be commended repeatedly.

Lastly, I would note that the Science Committee will be seeking

to have conferees on Senator Dodd’s language in the Armed Services Bill, and I look forward to working with all of my colleagues

to use this opportunity to put the SAFER program into effect.

And just an added thought before I recognize the distinguished

Ranking Member from Texas. Almost 20 years ago, a freshman

Congressman from Pennsylvania came into my office. And I, at

that time, was Ranking Member of the Subcommittee on this committee having jurisdiction over the U.S. Fire Administration, the

National Fire Academy, and various programs at the federal level.

And Doug Walgren of Pennsylvania, who, at that time, was the

Chairman of the Subcommittee, and I sat there and listened in awe

to Curt Weldon tell the story of his determined effort to build a

caucus in the Congress that was going to be responsive to the

needs of the fire community from coast to coast.

We were a little bit disbelieving, but we were in awe, and we

signed up immediately. And that was the beginning of what is considered by one and all impartially today to be the most effective

caucus on Capitol Hill. And Mr. Weldon, I can’t thank you enough

for what you have done over those years, a former fire chief himself

back home in Pennsylvania. But he is just tenacious. And he is not

the only one. It is infectious. Mr. Pascrell is the same way. And we

all are now. And we annually have a banquet of the emergency responders, the fire services, that draws thousands of people to

Washington, DC, all with the same purpose in mind.

You know, it has been popular since 9/11 to recognize the importance of what the Fire Service does for all of us each and every day.

There are a lot of us who long before recognized the value and importance of their work. And I can think of no one who deserves

higher praise than Curt Weldon for his leadership in this effort.

With that, I would like to recognize another stalwart in the battle right from the beginning, my distinguished colleague from

Texas, Mr. Hall.

[The prepared statement of Mr. Boehlert follows:]

PREPARED STATEMENT OF CHAIRMAN SHERWOOD BOEHLERT

I want to welcome everyone here this morning to our hearing on a very serious

subject that is too rarely discussed—fire safety. I think most of us think of fire as

a distant threat, perhaps even an archaic one, and yet fire kills about 4,000 Americans each year, injures many more and causes hundreds of millions of dollars in economic losses.

But those staggering losses are not inevitable. Since the Federal Government

began investing in improving fire prevention and firefighting in 1974, the number

of fire deaths has dropped by two-thirds. But we need to do better than that. The

United States still has one of the highest fire loss rates in the industrialized world.

Today’s hearing is really about what we can do to prevent death and destruction

in every community throughout this country. And while firefighting is, and ought

to remain, a local responsibility, the Federal Government has a role to play in saving lives and property—a junior role to be sure, but a significant one.

This committee has a long history of ensuring that the Federal Government fulfills that role. Indeed, one of the first bills I authored as a Member of this committee

was the Hotel-Motel Fire Safety Act, which has led to the installation of life-saving

fire sprinklers and smoke detectors in hotels and motels throughout the United

States. As Chairman, I want to ensure that the Science Committee continues its

work to protect Americans from the ravages of fire.

17

One way we can do that is by helping communities see that their fire departments

are adequately staffed. Today, most fire departments can’t meet the National Fire

Protection Association (NFPA) standards for staffing. That’s wrong, and it’s potentially dangerous. My bill, the ‘‘Staffing for Adequate Fire and Emergency Response

(SAFER) Act’’ (H.R. 1118), is designed to rectify that situation, and I look forward

to hearing testimony on it today.

The SAFER Act recognizes that our firefighters do more than just extinguish

fires—an important and often life-threatening task, in and of itself. As we all

learned on September 11, firefighters are our first responders to a range of emergencies, saving lives through evacuations, among other tasks. Equally important is

the fire prevention and education work undertaken by many of our nation’s fire departments, and the fire investigation work.

What it comes down to is this: Without really thinking about it, we expect our

fire departments to perform a range of services that are absolutely critical to the

health and well-being, indeed the survival, of our citizens. We need to ensure that

our fire departments have the staff and the equipment to carry out their work.

This year, we are further ahead in the process because a modified version of

SAFER has been added to the Armed Services bill. And I am pleased Senator

Dodd—the lead author of this language in the Senate—is joining us. We also invited

his partner in this effort, Senator Warner of Virginia, but unfortunately his schedule would not allow him to appear.

We will also be hearing from two Members of the House, including Representative

Curt Weldon of our committee, who has been a very powerful and effective voice

for the fire services since he came to Congress almost 20 years ago, and Representative Pascrell, the lead Democrat sponsor of H.R. 1118. Lastly, I would note that the

Science Committee will be seeking to have conferees on Senator Dodd’s language in

the Armed Services bill, and I look forward to working with all of my colleagues

to use this opportunity to put the SAFER program into effect.

[Note: See Appendix 1: Additional Material for the Record, for

H.R. 1118.]

Mr. HALL. I ought to just yield to you the rest of my time, Mr.

Chairman. Thank you. Thank you for those kind words about good

friends and I have good things to say about both of these members.

And for that, and because you really covered it so adequately, I will

put my statement in the—on the record and ask you to put it all

there.

I just will add that I am very interested in hearing more about

the suggestions on how the bill might be modified to provide some

assistance to volunteer fire departments, to work that in. These departments clearly need assistance in recruiting and obtaining of

personnel. I—again, I want to welcome you two and welcome the

other witnesses we have and thank you for your opening statement

and for that recollection of a really super Member of this body and

a guy that I respect and admire. And I think all of us do.

I yield back my time.

[The prepared statement of Mr. Hall follows:]

PREPARED STATEMENT OF REPRESENTATIVE RALPH M. HALL

I am pleased to join the Chairman in welcoming our witnesses to this hearing on

legislation to improve the capabilities of the Nation’s fire services.

In addition to welcoming Senator Dodd, I want to acknowledge his efforts to advance this legislation. He successfully offered an amendment to the Senate Defense

Authorization, which added a version of SAFER to that bill.

While the devotion to duty and sacrifice that characterize fire service personnel

is known and appreciated—especially in the aftermath of 9/11—there is a tendency

to take the fire services for granted. Their needs often receive too low a priority in

the allocation of public resources.

The SAFER bill, which we will consider today, is targeted on addressing the staffing needs of fire departments throughout the Nation. The goal is to increase the effectiveness of the fire services in performing their critical public safety role, while

also improving firefighter safety.

18

The SAFER bill will provide the resources needed to help increase staffing levels

at fire departments, in line with approved safety and effectiveness standards. It provides matching, four-year funding for hiring new firefighters, with the requirement

that the grant recipient agree to retain the new hires for at least one year beyond

the grant period.

The funding authorized by the bill will permit the hiring of approximately 75,000

new firefighters.

I will be interested in the views and recommendations of our witnesses on this

legislation. In particular, will the bill make a substantial contribution in allowing

fire departments to satisfy current OSHA and National Fire Protection Association

standards for staffing levels?

And equally important, will municipalities be able to provide the sustained funding necessary to maintain the increased staffing for their fire departments after the

federal subsidy ends?

I also am interested in hearing more about the suggestions of Mr. Cash on how

the bill may be modified to provide assistance to volunteer fire departments. These

departments clearly need assistance in recruiting and retaining of personnel.

The broader question I would like to see addressed today is what ought to be the

relative priority among increased staffing levels, improved training, and better

equipment for the fire services. We need to focus on addressing the key issues that

will help them to achieve the overall goals of improving the Nation’s fire safety

record and of meeting their growing responsibilities as first responders.

Again, I want to welcome our witnesses today, and I look forward to our discussion.

Chairman BOEHLERT. Thank you very much. And your statement

will appear in the record in its entirety. The Chair now recognizes

the distinguished Chairman of the Subcommittee on Research, Mr.

Smith of Michigan.

Mr. SMITH OF MICHIGAN. Mr. Chairman, thank you. I am sort of

your replacement, because our Subcommittee on Research has

oversight of the U.S. Fire Administration. And I have been trying

to run and catch up with leaders like Curt Weldon and Bill

Pascrell and you, Mr. Chairman, in terms of making sure that the

Federal Government does what it can to strengthen our firefighting

efforts.

And in 2000, we made an important breakthrough, I think, in

our efforts to strengthen this support by establishing the Assistance to Firefighters Grant Program within USFA. Now we have

finished the first two years. The program has been a great success,

providing over 450 million in direct aid for training and equipment

to fire departments all across America.

For 2003, I think with the help of leaders in Congress, we appropriated and President Bush signed into law an unprecedented $745

million for the grant program. And of course, in addition with the

Homeland Security, we have provided for states and localities another $2 billion to various other programs to help emergency response personnel to increase their preparedness for terrorism.

Let me say that while these successes have significantly improved the ability of fire departments to respond to emergencies, I

believe there is still more the Federal Government can do, and I

remain committed to continue to strengthen this effort. On this bill

before us today, I have some concerns. One is that we make sure

that the federal spending does not replace what the local governments and municipalities might do in terms of trying to make sure

that their support level for fire departments doesn’t diminish as we

come up with additional federal support.

I would also like to comment on the need for the firefighting community to work together in these efforts. You know, our challenge

19

and our goal is to increase support for firefighters in this country.

There exists an—what I consider an unnecessary friction between

some firefighter unions and their volunteer counterparts. And it

just seems so very important, now that we have strong public support for first responders and firefighters, that we don’t allow—that

we take advantage of the situation to encourage more local, state,

and federal support. And we need to be careful that the friction

and separation between volunteers and full-time firefighters does

not grow, does not increase, does not jeopardize this door opening

opportunity that we have.

In my Home State of Michigan, the Professional Firefighters

Union, Mr. Chairman, has been pressuring its members that volunteer on their free time to stop volunteering or face losing their

union card. It just seems that this policy does nothing but exacerbate the very staffing shortfalls the union professes to be working

to eliminate. And it is somewhat unfair. I think we need to look

at that situation. And as we are all aware, the events, of course,

of 9/11 generated so much appreciation for fire departments. I look

forward to working with Mr. Weldon, Mr. Pascrell, you, Mr. Chairman, to try to make sure that we give strong national support for

these first responders that are so important in every community in

America.

And with that, I yield back.

Chairman BOEHLERT. Thank you very much. Let me assure you

we have common objectives. And it is not the design of the SAFER

Act to replace but to supplement the resources that are needed by

localities across this country to get the people power that they need

to adequately protect their communities.

Without objection, the opening statements of all Members of the

Committee will be included in the record at this juncture.

[The prepared statement of Mr. Smith follows:]

PREPARED STATEMENT OF REPRESENTATIVE NICK SMITH

As Chairman of the Research Subcommittee, which maintains oversight of the

U.S. Fire Administration (USFA), I have worked to improve federal support for the

fire services since I came to Congress in 1992. In 2000, we made an important

breakthrough in our effort to strengthen this support by establishing the Assistance

to Firefighters Grant Program within USFA. Now having completed its first two

years, the program has been a great success, providing over $450 million in direct

aid for training and equipment to fire departments all across America. For FY 2003,

Congress appropriated, and President Bush signed into law, an unprecedented $745

million for the grant program. In addition, over $2 billion was provided to states

and localities from various other programs to help emergency response personnel increase terrorism preparedness.

While these successes have significantly improved the ability of fire departments

to respond to emergencies, I believe there is still more the federal government can

do, and I remain committed to continuing to strengthen this effort. However, I have

several concerns with the legislation before us today.

First, I am very concerned about the cost of this bill. Federal spending is wildly

out of control, and deficits are once again on the rise. We simply cannot continue

to spend at two to three times the rate of inflation. At over one billion dollars per

year for seven years, I believe we need to find comparable offsets somewhere in the

government before we authorize this amount of spending on a new program.

I am also concerned that the legislation will, in effect, reward irresponsible budgeting at the local level. For example, consider a situation where Community A overspends or places a low priority on adequate fire department staffing in its budget,

while Community B operates a tight budget and places a high priority on ensuring

its fire department is adequately staffed. When it comes time for USFA to evaluate

grant proposals, Community A will receive the award because it will be able to demVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00023 Fmt 6633 Sfmt 6621 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
20

onstrate a greater need to hire additional firefighters. This is clearly unfair to Community B, and another important reason why I believe appropriate staffing levels

are best determined at the local level by each individual community. A move toward

nationalizing fire department staffing would simply transfer the tax burden for this

hiring from the local to the national level, and reduce the flexibility of individual

communities to determine this level.

This is not to say that staffing shortfalls are not an important problem—indeed

they are. However, I believe they can be best addressed in other ways. For instance,

as the Administration has pointed out, the strong support of the Assistance to Firefighters Grant Program has relieved a great deal of budget pressure on local communities, allowing more room in fire department budgets to address items such as

staffing issues. Continued strong support for the fire grant program in the years

ahead will decrease these budget pressures even further.

Lastly, I would like to comment on the need for the firefighting community to

work together in these efforts. Our challenge, and our goal, is to increase support

for firefighters in this country. There exists an unnecessary friction between some

firefighter unions and their volunteer counterparts. We cannot allow that friction

and separation between volunteers and full-time firefighters to grow.

In my home state of Michigan, the Professional Firefighters Union has been pressuring its members that volunteer on their free time to stop volunteering or face

losing their union card. This policy does nothing but exacerbate the very staffing

shortfalls the union professes to be working to eliminate. It is also unfair to those

that aspire to protect the communities and families in which they live, runs contrary to the spirit of volunteerism that President Bush has called for in this post9/11 environment, and creates an unnecessary wedge in an otherwise united fire

services.

I call upon the International Association of Firefighters to stop their practice of

discriminating against career firefighters that choose to volunteer when they are off

duty, and I also call upon them to end their policy of treating volunteer fire departments as ‘‘rivals.’’

As we are all aware, the events of 9/11 generated a renewed appreciation and respect for firefighters and the work they do. We need to use the opportunities created

by this environment to increase local, State, and federal support for firefighters. If

we want to achieve this we must eliminate any in-house disagreements that threaten to sidetrack our common goals to adequately support the fire services. I look forward to a productive discussion today on an issue of great importance.

[The prepared statement of Mr. Costello follows:]

PREPARED STATEMENT OF REPRESENTATIVE JERRY F. COSTELLO

Good morning. I want to thank the witnesses for appearing before our committee

to discuss the needs of fire services and ways of addressing them. Specifically, we

will be discussing H.R. 1118 introduced by Chairman Boehlert.

As a member of the Congressional Fire Services Caucus, I have a deep interest

in this matter. The U.S. has one of the highest fire death rates in the industrialized

world. Each year, fire kills more Americans than all natural disasters combined. Approximately 4,000 people die each year from fire in America, including an average

of about 100 firefighters in duty-related incidents. A significant amount of evidence

suggests that if we were to increase the number of firefighter personnel, many of

these preventable injuries could be avoided.

My congressional district is comprised of urban, suburban and rural communities.

It is quite challenging to meet staffing inadequacies for fire departments of different

sizes, capabilities, and demographics. However, H.R. 1118 helps communities address these staffing concerns by authorizing funding for the USFA to award grants

to State and local governments to pay the salary and benefits for a new firefighter

for three years. This legislation does require a minimum non-federal funding match

of 25 percent and grantees would be required to retain the new hires for at least

one year following the conclusion of the grant period. This funding program is very

similar to the COPS program that has been a success for police departments nationwide. I am interested to know if you believe similar success could be duplicated for

firefighter personnel.

I again want to thank the witnesses for appearing before this committee and I

look forward to their testimony.

[The prepared statement of Ms. Johnson follows:]

21

PREPARED STATEMENT OF REPRESENTATIVE EDDIE BERNICE JOHNSON

Thank you, Chairman, for calling this important hearing to receive testimony on

H.R. 1118, the Staffing for Adequate Fire and Emergency Response (SAFER) Act

of 2003.

Firefighting activities are traditionally the responsibility of states and local communities. As such, funding for firefighters is provided mostly by State and local governments. During the 1990s, shortfalls in State and local budgets, coupled with increased responsibilities (i.e., counter-terrorism) of local fire departments, led many

in the fire community to call for additional financial support from the Federal Government.

The foremost need of the fire service is adequate personnel. The National Fire

Protection Association (NFPA), the consensus rules and standards making body of,

the fire service, recently issued the first minimum staffing standard for safe fire

ground operations. The new minimum professional firefighter staffing standard for

safe operations, NFPA 1710, mandates at least four firefighters per apparatus.

Currently, most jurisdictions operate with only two or three firefighters per apparatus. Across our nation, fire departments that serve communities with populations

of less than a million are regularly understaffed. Responding to emergency incidents

with less than four firefighters prevents the first responding unit from complying

with OSHA’s ‘‘2-in/2-out’’ standard for safe fireground operation, and places the lives

of those firefighters in jeopardy. Departments that operate with less than minimum

staffing levels cannot adequately protect their citizens from the hazards faced on a

daily basis—let alone from acts of terrorism.

While fire department staffing is primarily a local government responsibility, firefighter advocates and many Members of Congress believe that the Federal Government should help shoulder some of the responsibility for our nation’s domestic defense. Just as the Federal Government provides funding to local governments to hire

police officers and teachers, some argue that the Federal Government should fund

firefighter positions.

Studies and experience prove that adequate staffing is essential to safe and effective emergency operations.

• Currently, o of our nation’s fire departments do not meet the national consensus standard for staffing. Congress would never allow our Army to engage

in a war with o of its divisions understaffed. Incredibly, this is exactly what

we are asking our local fire departments to do.

• The recently issued FEMA study, ‘‘A Needs Assessment of the U.S. Fire Service,’’ reveals that it is common for fire departments that protect communities

with a population of less than a million to respond to emergencies with less

than four firefighters per apparatus.

As evidenced by the response to the World Trade Center and the Pentagon, where

fire departments from many jurisdictions responded to the attacks, the Federal Government must recognize that disasters are not local events, but national tragedies

that warrant a federal response.

[The prepared statement of Ms. Lofgren follows:]

PREPARED STATEMENT OF REPRESENTATIVE ZOE LOFGREN

Chairman Boelhert, Ranking Member Hall, thank you for bring this hearing together so that we can learn about some of the many challenges facing our nation’s

fire departments and emergency responders. In these difficult days, this is both a

very timely and important issue worthy of our time and thoughtful consideration.

This hearing will shed important light on the need for the Federal Government

to assist local and State governments to ensure that the fire safety and emergency

response needs of our communities are met. I look forward to hearing testimony

about the need for more aggressive recruitment and training of additional firefighters and emergency responders. In addition to training and keeping more firefighters, I believe the Federal Government should be active in ensuring that these

brave individuals have access to the most modern fire and emergency equipment

they need to ensure not only the safety of their communities but their own safety

as well. If they need new firefighters vehicles, personal safety systems, protective

clothing or most importantly, more fellow firefighters and emergency responders, I

believe that is most appropriate for the Federal Government to assist in these efforts. Mr. Chairman, Mr. Hall, thank you for giving this opportunity to speak and

to learn.

22

Panel 1

Chairman BOEHLERT. And now it is my privilege to welcome two

of our colleagues who are experts in the subject matter. And we always like to hear from experts. This is a Committee where we are

used to hearing from Nobel laureates and Ph.D.s and everything.

Well, if we are going to give a doctorate or a Nobel Prize for performance, our first witness, Curt Weldon, would be the number one

recipient.

With that, let me recognize our colleague from Pennsylvania, also

a Member of this committee, Mr. Weldon.

STATEMENT OF HON. CURT WELDON, A REPRESENTATIVE

FROM THE STATE OF PENNSYLVANIA

Mr. WELDON. Mr. Chairman, thank you very much. Mr. Hall,

thank you. You are both good friends, as is Mr. Smith and all of

the Members of this committee, which I have had the pleasure of

being a part of for all of the time I have been in Congress. And I

should quit here, because your comments were very embarrassing

to me, but I appreciate them.

Mr. Boehlert, you were there at the beginning when we first

started this idea, as you outlined, with Doug Walgren. You were

the earliest signer on, and you became a key part of the effort 18

years ago to recognize America’s heroes. It didn’t take a 9/11 for

you to understand the importance of speaking up for the Fire Service. It didn’t take another disaster. You understood. And for all of

your constituents back in New York, they need to understand that

you have been an effective leader now on this committee, both as

a Ranking Member of the Subcommittee and the Full Committee

Chairman, in moving the agenda forward. If it were not for you

several years ago, we would not have been able to broker the compromise to Mr. Pascrell’s bill, who I have the highest respect for.

As a senior conferee on the defense bill, you allowed us to have the

jurisdictional flexibility to put that bill on and to create the program that is now one of the most popular programs the Federal

Government has. So my hat is off to you for your leadership.

And Mr. Hall, they couldn’t have a better leader on the other

side of the aisle than Ralph Hall. He is a tireless advocate for what

is right for ordinary people. He is a champion. He speaks up for

what he believes in, and I know your Texas firefighters love you,

Ralph. In fact, I am supposed to be the keynote speaker in Galveston this weekend at the Texas Firefighters Association. All I can

do is sing your praises for the great work that you have done.

Nick Smith has been a great newer Member of our effort for the

past eight years. And he better not leave here. He told me he is

thinking about that now, but we are going to—we would miss him

dramatically, because he has been a true champion of the Fire

Service in his role as Chairman of the appropriate Subcommittee.

Mr. Chairman, as you mentioned, when we started the fire caucus, my goal was to elevate the awareness of who the real heroes

in America are. And in that capacity over the past 18 years, I have

been on almost every disaster we have had, from the wildland fires

in California, Oregon, and Montana, Colorado, Hurricanes Andrew

and Hugo, North Ridge Earthquake, the Merit Building bombing,

23

the Midwestern floods, and the World Trade Center in ’93 and

again in 2001. And the one common thing I found in every one of

those instances was the fact that the heroes were the men and

women of the Fire Service. In many of those cases, they were paid

professional firefighters from our big cities, but also, in many of

those cases, they were professional volunteer firefighters from our

small towns.

As you know, we have about 1.2 million men and women who

serve in 32,000 departments in every State of the Union, and they

do so day in and day out, providing so much support, not just for

fires. They respond to HAZMAT incidents. They are the people who

keep our community strong. The IAFF [International Association of

Fire Fighters] is the largest fund-raiser each year for one of our

largest charities in America. The volunteers organize our youth

programs. They are the Boy Scout leaders. They are the people who

run the parades and the celebrations in our towns.

If there is one group of people in America that best represents

the foundation of what this country is built upon, it is the Fire

Service. And the fact is that they need help, because the continual

problem in every municipality in America is staffing. In our big cities, the first time the budgets are cut, where do they cut? They cut

public safety. And they cut back—we have seen it in this city. I can

remember times where we had one ladder truck servicing the entire City of Washington, DC where we couldn’t have enough money

in the city budget to buy boots so the firefighters could have adequate turnout gear. The volunteers have to raise the money to buy

a $400,000 pumper, and at the same time, they have to work a fulltime job, and then they also have to take care of their families and

respond for training and emergency response purposes. It is a great

effort in America that the Fire Service, for a time older than America has been a country, has been there to keep our nation strong

and safe.

Your bill, and the bill introduced by Senator Dodd, goes a long

way to address the staffing concerns. I am an original cosponsor of

your bill, because you are right on the mark. We need to do more

to help these people. And I am here to say that I fully support the

effort. And I will be using my voice and my effort on the Armed

Services Committee, as the Vice-Chairman of the House Committee, and as a senior conferee to work to enact the kind of

changes that we can come to terms with based on your bill that I

think reflect the needs of the Fire Service in this country. We did

that several years ago, and there is no reason why we can’t do it

again today.

For those who say there is no role for the Federal Government,

I would say well then how can we fund $4 billion a year for local

police protection? $4 billion a year. Everything from the cost of hiring additional police officers to half of the cost for bulletproof vests

the police officers wear in our towns. Is the life of a police officer

or a soldier that much more important than a firefighter or a paramedic? I say, and I know you do, too, the answer is no.

Mr. Chairman, the only thing I would ask you is—to do is to continue to have your staff work with my staff and Bill Pascrell’s staff

on a compromise that I would hope to offer as a senior conferee on

the Defense Committee so that we can move something through.

24

And I would just make five quick points that I would like to see

in a compromise. And with your leadership, I am sure we can accomplish it. Your staff is aware of these. The first is that I would

shift the grants currently in the Dodd bill that would go to the

states in line to what you want. These grants should go to local fire

departments. We don’t need state bureaucracies siphoning off administrative costs, which they always do. The money should go directly to the fire departments. The model that we have under the

grant program is working overwhelmingly well. Everyone has said

that. And so I would say that any compromise should include the

kind of direction that you laid out in your bill.

The second, we must put in a provision that bars municipalities

and departments from funding firefighter activities lower than the

average of the previous three years. That guarantees that any federal money coming in will not, in fact, be used to offset money that

is being taken away locally. That guarantees that cities must keep

their funding for the Fire Service at the same level if they expect

to get funds through this program.

The third is a nondiscrimination clause. It says that this program can not allow any discrimination to occur within the fire departments of America. The fourth authorizes the funds through

2010. Senator Dodd’s amendment only goes for three years. The

amendment that I would like to see us agree to would take this

through 2010 and also would have a slightly higher dollar amount.

And finally, we have a competitive peer review process where the

Fire Service itself is involved in evaluating who, in fact, wins.

And one of the most important additions, Mr. Chairman, that I think we need is a provision that allows, at a minimum, $100 million a year for a competitive grant program for the recruitment and

retention of volunteers. Now some would say, ‘‘How do you do

that?’’ Well, you don’t have to look any further than this document.

This document was prepared by the U.S. Fire Administration in cooperation with the National Volunteer Fire Council and FEMA. It

has pages and pages of ideas of how to assist our volunteer fire departments to recruit and retain volunteers. That is a staffing issue

that we can’t ignore. So while we want to support a grant program

that provides relief for our big cities, we can not, and we must not

ignore the staffing needs of the volunteers, because they have an

enhanced challenge. They have firefighters who have to work fulltime jobs. And so I think we have to have a special pot of money

that is available for volunteer organizations to come up with creative retention and recruitment programs that can help them with

the vital staffing needs they have.

So Mr. Chairman, I want to thank you. You have been a dynamic

leader in this Congress both as a Chairman of the Science Committee, but also as an advocate for the Fire Service. And I want

to thank my good friend, Ralph Hall, and also Nick Smith, because

together, you make a dynamic team.

Thank you.

Chairman BOEHLERT. Thank you very much. Next time, would

you bring a little more enthusiasm to the—thank you very much,

Mr. Weldon.

And another stalwart in the battle right from the beginning,

since the first day he arrived in this town, Bill Pascrell from New

25

Jersey. We have a decided northeast appreciation for the fire services, and we are now joined by Senator Dodd, who will be the third

witness, Senator.

Bill, I want to thank you so much for what you have done in support of the fire services and emergency responders. You were there

every step of the way. You have had the experience on the firing

line from the municipal government standpoint. And that has been

an invaluable addition to our dialogue. So with that, I welcome you

to offer your testimony. Your complete statement will appear in the

record in its entirety. And we ask you to proceed as you wish.

STATEMENT OF HON. BILL PASCRELL, JR., A

REPRESENTATIVE FROM THE STATE OF NEW JERSEY

Mr. PASCRELL. Thank you very much.

You know, Boehlert and Smith and Hall and Weldon and Dodd

and Dewine did not need 9/11. We worked very hard beginning in

1999 together with the fire services. They said it couldn’t be done.

In fact, you mentioned it before, Mr. Chairman. And we struggled

with a few cosponsors then we got up to 285. And we passed this

legislation thanks to the folks that have been here for so many

years fighting and laying the foundation for, what I think, was a

great breakthrough, because the dollars went directly to the departments and not to any state bureaucracy. I think this is one of

the reasons we have been successful. And FEMA has done a great

job. And I think the firefighters themselves who volunteered to review the applications, the 20,000 applications, I think the program

is successful. And if it is not broken, don’t fix it. So the process,

I think, needs to be looked at.

I want to associate myself, also, with the gentleman from Pennsylvania’s remark about the suggestions concerning our legislation.

And I would support each of those.

This is absolutely critical for the Congress to address the staffing

needs of our nation’s fire departments. Here are some facts. Twothirds of all of the fire departments, career and voluntary, operate

with inadequate staffing. That is unacceptable. These are the basic

services that fire departments have to respond to every day. How

can any of us, as elected officials, allow this to continue?

In communities of at least 50,000 people, 38 percent of firefighters are regularly part of response that is not sufficient to safely initiate an interior attack on a structure fire because of the lack

of staffing. That is a fact. Twenty-one percent of rural departments

are often unable to deliver four firefighters needed to safely initiate

an interior attack. In Buffalo, Washington, DC, New York, and

Worcester, Massachusetts, just to name but a few, firefighters have

been killed because of the lack of staffing. In each of these cases,

if there had been a team in place that accounted for the firefighters

who were putting out fires inside of buildings, they would be alive

today.

The New Jersey Division of Fire Safety Report issued this past

March, regarding a fire in the City of Passaic, which is part of my

District—this report right here that I have in my right hand, it is

a devastating report about a firefighter who lost his life in that fire

because of insufficient staffing. It seemed to have fostered a culture

of individualism because of the lack of that staffing, the report

26

says, in a fire department over a long period of time. And a lack

of supervision due to short staffing made it difficult to address the

situation. The problem that the Passaic Fire Department related to

a lack of staffing and culminated in the death of my friend, Firefighter Alberto Tirado. He went to the third floor of a structure by

himself in an effort to do his duty, and he died because of it. And

the family died and is trying to resuscitate itself.

This is happening in my District. It is happening in your District. It is happening throughout the Nation. And things are getting

worse instead of better. Departments all across the country are laying off firefighters, today’s paper, the New York papers in New

York City. The current economic malaise that we find ourselves in

has many local jurisdictions facing tough decisions and judgment

calls. The challenges of a changed world have irrevocably altered

the role of our firefighters. Along with all of the other profound responsibilities of which the profession has been charged, firefighters

are now the front line defenders against terrorism within our borders.

We are serious, truly serious about our national security, about

the safety of our people. Then the Federal Government has an obligation to assist the local departments. We have established that

precedent in 2000. In 1999, when I introduced the Firefighter Investment Response Act to provide federal grants directly to local

fire departments, we gathered together because the need was

there. It was enunciated. It was pronounced across the political

spectrum: from the left, from the right, from the center. People

flocked to support this legislation, because it was necessary in our

hometowns throughout America.

The original draft of the FIRE Act tried to get more firefighters

into uniform to help fire departments meet their staffing shortages.

So I am excited that the SAFER Act will create a 4-year program,

and as the gentleman from Pennsylvania has suggested, perhaps

extending to 10 years, that would pay the majority of costs associating—associated with hiring new firefighters.

My friends, adequate staffing is crucial in an effective—to be effective in an emergency situation. I know no one will attempt to

refute this. The firefighters, whose bravery and valor protect our

nation, deserve all that we can give them. And it is my hope that

this Congress truly begins to realize our responsibilities this year.

And I agree with Mr. Smith on his point that this should not be

replacement money but supplemental money. We don’t want localities laying off people in order to get federal money to put them

back in. In fact, that is absolutely forbidden in the COPS Act. And

we have all been supportive of that legislation, and it has been effective. The relationship of the police officers that have come on

local communities through that FIRE Act since ’94, have had a direct proportionate relation to the drop of crime. And I commend the

Congress, and I commend the past President and the present President for supporting it. We support that particular act. We want everybody to support this act. Firefighters are on the front lines.

They are our first responders, and I am proud to be cosponsor of

this legislation.

[The prepared statement of Mr. Pascrell follows:]

27

PREPARED STATEMENT OF REPRESENTATIVE BILL PASCRELL, JR.

Mr. Chairman and Members of the House Committee on Science, I appreciate the

opportunity to testify before you today on behalf of H.R. 1118, the SAFER Act—legislation that can undoubtedly help us meet the urgent needs of fire services

throughout our nation.

I would just like to take a moment to commend Senator Dodd and Chairman

Boehlert for the exemplary leadership they have displayed on behalf of the fire community over the years, as well as for their tireless efforts in navigating the SAFER

Act through the legislative maze that is Capitol Hill.

Indeed, it is absolutely critical for Congress to address the staffing needs of our

nation’s fire departments. Just look at the facts:

Currently two-thirds of all fire departments throughout America operate with inadequate staffing. This statistic alone is unconscionable. How can any of us, as

elected officials, allow this to continue? The consequences of insufficient personnel

levels, of course, often lead to tragic, heartbreaking results.

In communities of at least 50,000 people, 38 percent of firefighters are regularly

part of a response that is not sufficient to safely initiate an interior attack on a

structure fire because of a lack of staffing.

Twenty-one percent of rural departments are often unable to deliver the four firefighters needed to safely initiate an interior attack.

In Buffalo, Washington, DC, New York and Worcester, Massachusetts—just to

name but a few—firefighters have been killed because of a lack of staffing. In each

of these cases, if there had been a team in place that accounted for the firefighters

who were putting out fires inside of buildings, they would be alive today.

A New Jersey Division of Fire Safety report issued this past March regarding the

Passaic Fire Department in my district stated that:

‘‘insufficient staffing seemed to have fostered a culture of individualism in the

fire department over a long period of time, and a lack of supervision due to short

staffing made it difficult to address this situation.’’

My friend, Chief Lou Imparato is doing the best he can with the funding he has,

but the problems the Passaic Fire Department experiences related to a lack of staffing culminated in the death of firefighter Alberto Tirado, who went to a third floor

of a structure by himself in an effort to do his duty, and died because of it. This

is happening in my district, it’s happening in your district, it’s happening throughout the Nation.

And things are getting worse. The current economic malaise that we find ourselves in has many local jurisdictions facing tough decisions. Departments all across

the country are laying off firefighters—just at a time when we need them most.

The challenges of a changed world have irrevocably altered the role of our firefighters. Along with all the other profound responsibilities of which their profession

has been charged, firefighters are now the front-line defenders against terrorism

within our borders.

And if we are serious—truly serious—about our national security, and about the

safety of our people, then the Federal Government has an obligation to assist local

fire departments in every way we can.

Like many Members of this committee, I have long fought for additional funding

for America’s fire departments. In 1999, I introduced the Firefighter Investment and

Response Act, to provide federal grants directly to local fire departments to help address a variety of equipment, training and other firefighter-related needs. It has

been my greatest honor to see this bill signed into law.

The original draft of the FIRE Act tried to get more firefighters into uniform—

to help fire departments meet their staffing shortages. Unfortunately, it has been

difficult to implement the personnel category because the money has to be spent in

one year, prohibiting municipalities from long-term personnel additions.

So I am excited that we are all here to return to address this omission. The

SAFER Act would create a four year program where fire departments would apply

for federal grants that would pay the majority of the costs associated with hiring

new firefighters, not to exceed $100,000 over four years for each firefighter hired.

Adequate staffing is essential to safe and effective emergency operations—I know

of no one who would attempt to refute this.

The firefighters whose bravery and valor protect our nation deserve all that we

can give them, and it is my hope that this Congress truly begins to realize our responsibilities this year.

Again, I would like to thank the Chairman and Members of the Committee for

this hearing, and I wish to thank all of our nation’s firefighters for everything they

do.

28

Panel 2

Chairman BOEHLERT. Thank you very much for that very fine

testimony. And I am pleased that we are joined by our distinguished colleague from Connecticut, Senator Dodd. And Senator, I

want to commend you for the leadership you have provided in moving this process forward by your rather brilliant strategic move to

insert the SAFER legislation language into the Defense Authorization Bill. We will be conferees and part of that. And Congressman

Weldon will, too. And we are going to be doing our best to embellish it even more.

Senator DODD. And I thank you very much, Mr. Chairman.

Chairman BOEHLERT. And we welcome you.

STATEMENT OF HON. CHRISTOPHER J. DODD, A UNITED

STATES SENATOR FROM THE STATE OF CONNECTICUT

Senator DODD. Well, thank you very much. This is sort of a

homecoming for me. Almost 30 years ago, when I was elected as

a freshman Member of the House, this was the first Committee I

served on. And back in the days, Tiger Teig was—Texas was

Chairing the Committee, and Don Fuqua and others. I look around

the room and see pictures here and portraits on the wall of former

Members, so it is a pleasure to come back. Very different looking

Committee room than it was almost 30 years ago with the arrival

of technology.

And I will just share some—a few thoughts with you, ask unanimous consent that these prepared remarks be included in the

record. I see my good friend, Congressman Udall, here and I am

reminded of Mo Udall’s famous line after listening to several colleagues speak on a specific matter. He said, ‘‘Everything has been

said, but not everyone has said it.’’ And so I am going to take a

few minutes here and share a few thoughts with you. Let me commend, first, Curt Weldon and Bill Pascrell for the tremendous job

they have done and Members up here as well. We need to right

away in the Senate thank John Warner and Carl Lebbon as well

as the Chairman and the Ranking Member of the Armed Services

Committee at the Senate. Without their support as cosponsors of

the amendment a week or so ago on the floor of the Senate, we

would not have been able to include this language as part of the

Defense Authorization Bill. And so I want to thank them.

This is a bit of an awkward way to proceed. And we—it was

pointed out on the FIRE Act a few years ago, they were also the

means by which we were able to get that language included and

a potential conference report with the House. It is conceivable it

would have happened through a normal course of events, but we

felt that this was the time to move. We are not sure, with other

matters that may come up in the Senate the coming week, so the

other matters could get crowded out of the schedule and this kind

of a bill might not have had a chance to be heard. So I appreciate

the Chairman’s comments about it. And I would be remiss by not

thanking all of those who are—who have been responsible for

achieving the success.

We are in this effort, obviously, together. And we think we can

provide America’s fire services with the resources it needs. Bill

29

Pascrell has laid out the case pretty well as Curt Weldon has.

Here, Mr. Chairman, there is a growing problem. I appreciate Curt

Weldon’s comments, particularly with the volunteer services, or

these combination departments, particularly in rural areas of the

country, particularly part of our parts of the country in the northeast where the old—the rural communities of 25 years ago becoming suburban communities and the idea that people who lived in

those communities, worked in those communities and then could be

volunteers has diminished tremendously. Today, a lot of the people

who live in these communities commute to the larger cities and

work every day so that the population, the potential population to

serve as volunteers just has declined tremendously in the last few

years. And it is harder and harder for these departments to succeed without, of course, tremendous costs to these communities.

And as Bill points out as well, even of course, of paid departments

we’re seeing the problems increase with a decline in the service.

And so we are doing everything we can here to try and provide

a sense of cooperation with local and state governments to see to

it that the importance of the work done by our fire services, emergency medical services will get the support that they deserve.

As you know, Mr. Chairman, as I said, Senator Warner and I introduced the Senate version of this bill in the fall of 2001, just a

few weeks after September 11. Again, I appreciate Bill Pascrell

pointing out that it was back in 1999 we introduced the FIRE Act,

before the 9/11 disaster. Even before then, of course, many of us

in Congress have long recognized that America’s firefighters make

extraordinary contributions to their communities every single day.

And for that reason, the FIRE Act was signed into law in the fall

of 2000, a year before the events of 9/11.

After September 11, of course, we know that America’s—needs

its firefighters to be better prepared to respond to the deliberate

acts of terror and destruction. The Fire Service needs to be better

prepared, obviously, to deal with acts of bioterrorists. It needs to

be prepared to help people, save people who have been attacked

with toxic chemical weapons. Just the responsibilities have just so

dramatically changed from what most of us grew up with knowing

about your fire department and what they—the job they did. And

today, all of a sudden, these men and women are being asked to

perform services and handle materials and situations, just dramatically different than historically what we thought about as traditional fire services.

So the job has become a highly sophisticated one where you not

only have to be a good volunteer, you have got to be a well educated one, a well educated, paid member of the department to really understand the challenges that you are going to face. And despite the increasingly important role, of course, that these men and

women are playing as part of our national homeland defense system, communities, as we all know, over the years, have not been

able to maintain the level of staffing necessary to ensure the safety

of the public or our firefighters themselves.

Since 1970, the number of firefighters as a percentage of the U.S.

workforce has steadily declined, and the budget crisis that our

state and local governments are now enduring have only made the

matters that much worse. Across the country today, firefighter

30

staffing is being cut. Fire stations are being closed because of the

state and local budget pressures.

According to the Needs Assessment study recently released by

the U.S. Fire Administration and the National Fire Protection Association, under-staffing contributes to enormous problems. For example, the USFA and the NFPA have found that only 11 percent

of our nation’s fire departments have the personnel they need to respond to a building collapse involving 50 or more occupants. The

consequences of under-staffing are often tragic, according to testimony by Harold Schaitberger, the general President of the International Association of Fire Fighters, presented before the Senate

Science and Technology and Space Subcommittees on October 11 of

2001. Under-staffing is caused or contributed to recent firefighter

deaths in Memphis, Tennessee, Worcester, Massachusetts, Iowa,

Pittsburgh, Pennsylvania, Chesapeake, Virginia, Stockton, California, Lexington, Kentucky, Buffalo, New York, Philadelphia, and

Washington, DC. In each case, firefighters went into dangerous situations without the support they needed, and they paid the ultimate price. And their families have been left with an empty place,

obviously.

I know that the Members of this committee recognize the need

for action, and I am delighted that the Senate recently approved

the SAFER Act as an amendment that we offered to the Defense

Department Authorization Bill. Senator Warner and Senator Levin,

as I have mentioned, cosponsored the legislation, and we are grateful for their standing support.

I think we stand a chance of passing this, Mr. Chairman, with

your help and others, with this conference report. It is not as comprehensive as many of us would like, but I think realistically it is—

requires appropriation over three years. We authorized money for

10. It requires cooperation, obviously, at the state level. This isn’t

the Federal Government taking on this responsibility entirely, but

becoming a good partner, not unlike what we did with the COPS

Program. So for all of those reasons, Mr. Chairman, I appreciate

the generosity of allowing a Member from the other body to come

over here as, again, my friend, Mo Udall, said years ago when I left

the House and went to the Senate, I was improving the intelligence

of both bodies with that move. So that—it is nice to be invited back

to the House, and particularly to a committee that I enjoyed serving on almost 30 years ago.

[The prepared statement of Mr. Dodd follows:]

PREPARED STATEMENT OF SENATOR CHRISTOPHER J. DODD

Chairman Boehlert and distinguished Members of the Science Committee, I appreciate the opportunity to appear before you this morning to discuss a matter of

great importance to communities around the country. I know I’m preaching to the

choir today, but the work before us is too important for us to take anything for

granted and I wanted to say to the Members of this committee that I support your

efforts to pass legislation to help ensure that America’s local fire agencies have the

human resources that they need to meet the challenge of an extended war against

terrorism and to address the myriad of other dangers that firefighters face every

day.

We are in this effort together and together we can provide America’s fire service

with the resources it needs. Mr. Chairman, firefighting is a dangerous business, but

we can help make it relatively less dangerous. I applaud your leadership on this

matter and I look forward to working with you to secure quick passage of the

SAFER Act. I also want to thank Congressman Curt Weldon for his leadership on

31

this and other fire service issues. Congressman Weldon and I share a commitment

to the fire service that has produced legislative success in the past with the enactment of the FIRE Act. I hope and believe that we may be on the verge of another

victory now for our nation’s firefighters.

I recognize so many friends of the fire service on the Committee. Congressman

Larson and I have been working together to provide tax incentives to improve recruitment and retention for volunteer fire departments. Again, I know that I am

preaching to the choir. But we can’t afford to let our shared faith in the fire service

blind us to the task at hand—we have a lot of work to do to get to final passage

of the SAFER Act. We can get there, but we’ve got to be prepared to act now.

Chairman Boehlert, as you know, Senator Warner and I introduced the Senate

version of the Staffing for Adequate Fire and Emergency Response (SAFER) Act in

the fall of 2001—just weeks after the attacks on September 11th.

Even before September 11th, many of us in Congress had long recognized that

America’s firefighters make extraordinary contributions to their communities every

day. For that reason, the FIRE Act was signed into law in the fall of 2000. But on

September 11, 2001, we got a glimpse of the larger role that the men and women

of the fire service play. The national role of our firefighters has become apparent

and our firefighters have made the Nation proud.

After September 11th, we know that America needs its firefighters to be better

prepared to respond to deliberate acts of terror and destruction. The fire service

needs to be better prepared to deal with acts of bioterrorism and it needs to be prepared to help save people who have been attacked with toxic chemical weapons. In

short, America’s fire departments need to be prepared for what once seemed unthinkable.

Despite the increasingly important role firefighters play as part of our national

homeland defense system, communities over the years have not been able to maintain the level of staffing necessary to ensure the safety of the public or our firefighters themselves. 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 now enduring have only 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.

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, the USFA and NFPA have

found that only eleven percent (11 percent) of our nation’s fire departments have

the personnel they need to respond to a building collapse involving fifty (50) or more

occupants.

The consequences of understaffing are often tragic. According to testimony by

Harold Schaitberger, General President of the International Association of Firefighters, presented before the Senate Science, Technology and Space Subcommittee

on October 11, 2001, understaffing has caused or contributed to recent firefighter

deaths in Memphis, Tennessee; Worcester, Massachusetts; 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. And their families have been left with an empty place at

the diner table.

I know that the Members of this committee recognize the need for action. And

I am delighted that the Senate recently approved the SAFER Act as an amendment

that I offered to the Fiscal Year 2004 Department of Defense Authorization bill.

Senator Warner and Senator Levin co-sponsored the amendment and were critical

to its success. But again, there’s still more work to be done.

I think we stand a chance of passing the SAFER Act the same way we passed

the FIRE Act back in 2000, when Senator DeWine, Senator Levin, Senator Warner

and I worked to successfully attach the FIRE Act to the DOD bill. I’m sure Congressman Weldon remembers that effort because he worked tirelessly to ensure the

success of the FIRE provision during the conference to reconcile the House and Senate bills. The FIRE Act has been a tremendous success. The FIRE Act grant initiative has provided nearly half a billion dollars in direct assistance to local fire departments across the country and 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.

And now, with Senate passage of the SAFER Act, we have taken a significant step

forward toward improving staffing conditions for America’s fire service. I know that

several Members of the Science Committee may serve on the DOD conference comVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00035 Fmt 6633 Sfmt 6621 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
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mittee and I pledge my support to each of you as you work through the SAFER provisions.

In closing let me say that the SAFER Act honors America’s firefighters. It acknowledges the men and women who charge up the stairs while everybody else is

running down. But it does more than that. This legislation is an investment in

America’s security, an investment to ensure the safety of our businesses, our firefighters, our homes, and our families.

Chairman BOEHLERT. It is always good to welcome you back,

Senator, particularly to your committee of origin, if you will.

Senator DODD. Thank you very much.

Chairman BOEHLERT. I want to thank both of you for your eloquent testimony and your commitment to the fire services. We will

be working in partnership to see this thing through to its intended

conclusion. Thank you very much.

Senator DODD. Thanks very, very much.

Panel 3

Chairman BOEHLERT. Now we will go to Panel 3. Panel 3 will

consist of the Honorable James Shannon, the President of the National Fire Protection Association. It is always good to welcome

back to Capitol Hill; he is a frequent visitor, a former colleague in

the House of Representatives.

And we have—I am honored, particularly, to have from my Congressional District, Mike Quill, Chief of the Auburn Fire Department in Auburn, New York. Chief Quill has been a member of the

Fire Service for nearly 30 years, all with the department in Auburn, New York, where he was born and raised. The Chief has

been heading the department for eight years, but is no stranger to

the challenges of the rank and file firefighter. That is because, during Mike’s long career, he rose through the ranks, serving at all

levels from firefighter to lieutenant to captain to municipal training

officer to assistant chief and finally becoming chief of the department in 1995. In addition to serving his community in the fire services, Chief Quill served his country in the United States Marine

Corps, service that included a tour in Vietnam. That is an enviable

record of service. And again, we are so honored you could join us

today to give us your perspective from the front lines of Fire Service.

And now for the purpose of introduction, the Chair is pleased to

recognize Mr. Udall.

Mr. UDALL. Thank you, Mr. Chairman. And I want to thank you

for including Mr. Michael McNeill on the witness list for today’s

hearing. Mike’s current title is District Vice President for the International Association of Fire Fighters. In this capacity, he serves on

the International Association’s National Executive Board, representing firefighters in Colorado, Nevada, Oregon, Utah, and Wyoming. He was a Denver, Colorado firefighter for 33 years and previously served as President of the Colorado Professional Firefighters. He also previously served as President of the Denver Firefighters.

I know that his testimony, reflecting his wealth of experience,

will be a valuable contribution to the hearing record and to the

Committee’s understanding of the need for this important legislaVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00036 Fmt 6633 Sfmt 6601 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
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tion. So I welcome Mike to the Committee, and I look forward to

hearing your testimony. Thanks for being here.

Chairman BOEHLERT. Thank you very much. And for the purpose

of an introduction, the Chair recognizes Mr. Miller.

Mr. MILLER. Thank you, Mr. Chairman. I am pleased to introduce Jeff Cash. Jeff Cash is from Cherryville, or as it is pronounced

in North Carolina, Cherville. He is the Program Coordinator from

the North Carolina State Firemen’s Association and also is now the

President of the North Carolina State Firemen’s—in addition to

being the Program Coordinator, is President of the North Carolina

State Firemen’s Association. He was also the volunteer Fire Chief

for the City of Cherryville. He was chosen by other firefighters as

the North Carolina State Fireman of the Year in 1990. And Mr.

Chairman, to give you an idea of what the State of North Carolina

is like, it turns out that Mr. Cash grew up playing ball with a

younger brother, one of my wife’s and my best friends.

Chairman BOEHLERT. Yeah, we are pleased to welcome the gentleman from Cherryville.

Mr. MILLER. Cherville.

Chairman BOEHLERT. Cherville? All right. We want to get that

straight. Thank you very much.

Gentlemen, we would appreciate it if you could summarize your

testimony. We are not going to be arbitrary in watching the clock

every minute, so don’t get nervous if that suddenly goes from green

to yellow to red. What you have to say is very important to this

committee, and we want the advantage of your input. And we appreciate you all being willing to serve as resources for the Committee.

We will go from the Chair down, left to right, with our colleague,

former Congressman Shannon first. What is more important,

former Congressman or President?

Mr. SHANNON. Former Congressman.

Chairman BOEHLERT. There you go. Thank you very much. Mr.

Shannon.

STATEMENT OF HONORABLE JAMES M. SHANNON,

PRESIDENT, NATIONAL FIRE PROTECTION ASSOCIATION

Mr. SHANNON. Thank you very much, Mr. Chairman, Ranking

Member Hall, Members of the Committee. My name is Jim Shannon. I am the President of NFPA. And we are very pleased to be

here in support of this very important legislation today.

While legislation for the purposes of this one would be of interest

to NFPA at any time, we are especially pleased to see it and support it now, because it responds to gaps in personnel that we have

recently documented. And we believe that this legislation, the

SAFER legislation, would go a long way to address those gaps.

I would like to get right into it and touch on the changing demographics of fire departments and what those changes mean for the

likely personnel shortfall in the future. And I would like to provide

background on relative NFPA standards and other guidelines that

define necessary fire department staffing for safe and effective response. Now much of my testimony today is based on some very

troubling findings from the Needs Assessment that Senator Dodd

referred to, which was a study authorized by Congress and conVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00037 Fmt 6633 Sfmt 6601 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
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ducted by NFPA in cooperation with FEMA. And those findings are

bolstered by other studies conducted by NFPA over the past 15

years.

Our research found that areas of greatest concern are a shortage

of fire stations to provide emergency response times that meet the

guidelines of the Insurance Services Office and NFPA 1710 and insufficient staffing on responding fire apparatus for safe and effective firefighting inside a building in accordance with NFPA 1710

and 1720. Simply stated, at least 65 percent of our nation’s cities

and towns don’t have enough fire stations to achieve the widely

recognized ISO response time guidelines. And those guidelines recommend that first call companies in ‘‘built upon’’ areas of the city

be located to ensure travel distance within one and a half miles.

That guidance is consistent with NFPA 1710 that firefighters respond within 40—within four minutes 90 percent of the time. However, arriving on scene in time isn’t enough if you arrive without

the necessary resources to make a difference.

NFPA Standards 1710 and 1720 define safe and effective response to structure fires in the 21st century. Both standards are

developed through the voluntary consensus process, a process that

you are very familiar with and that Congress has expressed support of through the National Technology Transfer and Advancement Act of 1995. And all of our standards are accredited by ANSI.

The Needs Assessment survey found fire departments protecting

communities of at least one million citizens had at least four career

firefighters assigned to engines, but the numbers break down in

smaller communities. Only 60 percent of departments protecting

communities of 250,000 to one million had four career firefighters

assigned to engines. And departments serving populations of

100,000 to 250,000, only 44 percent could make that claim. And in

communities between 10,000 and 100,000, just 20 to 26 percent of

the departments offered that necessary coverage. And this is our

best information on the level of adoption of NFPA 1710 as of 2001.

With regard to 1720, which deals with volunteer firefighters,

most smaller communities protected by an all volunteer or mostly

volunteer fire department responded with four or more firefighters

to a mid-day house fire, but for many, the total response was only

adequate for two functional crews on the scene. What remains unclear and unmeasured is how long it took to assemble those firefighters.

When fewer than four firefighters are on scene, first responders

face a cruel choice between initiating an interior attack without

proper manpower to secure their own safety during high-risk operations or delay the interior fire attack until additional forces arrive.

And obviously, the latter increases the danger to occupants and

overall damage to property. Both NFPA 1500, the Standard on Fire

Service Occupational Safety and Health, and Federal OSHA regulations, require a minimum of two firefighters to back up an initial

team of at least two firefighters working in a hazardous environment. This is the ‘‘two-in-and-two-out rule’’.

Closing these gaps requires more firefighters. There are no short

cuts. Just to staff the number of fire stations required to meet response time guidelines, we estimate 25,000 to 35,000 more career

firefighters are needed. And to address the staffing of existing deVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00038 Fmt 6633 Sfmt 6601 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
35

partments so that firefighters safely and effectively mount an interior attack on a fire, another 50,000 career officers are needed.

Investigations by NFPA and NIOSH have shown that a lack of

adequate staffing has contributed to several firefighter fatalities in

recent years. Increasing firefighter staffing to meet NFPA standards will help to protect the lives of our firefighters and our citizens.

If I could just touch on one or two more points in the Needs Assessment, I know my time has expired, Mr. Chairman, the Needs

Assessment also pointed to shortfalls in training, certification,

equipment, and apparatus. While the existing FIRE Act has started to address those needs, the funding level has been only a fraction of the full cost.

And add to this backdrop the challenges that you referred to earlier, the terrorism and the needs faced by those new challenges, we

can see that this is a very dire situation. A recent analysis by

NFPA shows that training and equipment needs for terrorism preparedness would run to tens of billions of dollars in initial costs

and billions more in each subsequent year to maintain proficiency.

And those estimates presume that there will be a sufficient number

of first responders to perform assigned jobs, which is what the

SAFER bill rightly addresses.

For all of these reasons, Mr. Chairman, we believe that this is

an essential piece of legislation. And we are very strongly in support of it and looking forward to working with you for its adoption

and its implementation.

[The prepared statement of Mr. Shannon follows:]

PREPARED STATEMENT OF JAMES M. SHANNON

Chairman Boehlert, Ranking Member Hall and Members of the Committee, I am

honored to appear before this committee today. My name is James M. Shannon, and

I am President and Chief Executive Officer of the National Fire Protection Association. NFPA is a non-profit organization, founded more than 100 years ago, with a

mission to save lives through fire and life safety education and training, and fire

research and analysis. NFPA also develops consensus codes and standards that are

adopted by State and local jurisdictions throughout the United States and widely

used by the Federal Government.

I am here to testify in support of your legislation, H.R. 1118, the Staffing for Adequate Fire and Emergency Response Firefighters Act of 2003 or SAFER. This proposed grant program will provide needed financial assistance to career, volunteer

and combination fire departments to hire firefighters to help meet industry standards and community needs to provide adequate protection from fire and other hazards including acts of terrorism. While legislation for this purpose would be of interest to NFPA at anytime, we are especially pleased to see it and support it now, because it responds to gaps in personnel that we have recently documented. SAFER

would go a long way to address those gaps.

I will touch on the changing demographics of fire departments and what those

changes mean for the likely personnel shortfall in the future. And I will provide

background on relevant NFPA standards and other guidelines that define necessary

fire department staffing for safe and effective response.

Much of my testimony is based on troubling findings from the recently published

‘‘Needs Assessment of the U.S. Fire Service,’’ a study authorized by Congress and

conducted by NFPA in cooperation with FEMA. Those findings are bolstered by

other studies conducted by NFPA over the past 15 years.

Our research found that the areas of greatest concern are a shortage of fire stations to provide emergency response times that meet the guidelines of the Insurance

Services Office (ISO) and NFPA 1710; and insufficient staffing on responding fire

apparatus for safe and effective firefighting inside a building, in accordance with

NFPA Standards 1710 and 1720.

36

Simply stated, at least 65 percent of our nation’s cities and towns don’t have

enough fire stations to achieve the widely recognized ISO response-time guidelines.

Those guidelines recommend that first-call companies in ‘‘built upon’’ areas of the

city be located to ensure travel distances within 1c miles. That guidance is consistent with the requirements of NFPA 1710 that firefighters respond within four

minutes, 90 percent of the time. However, arriving on scene in time isn’t enough

if you arrive without the necessary resources to make a difference.

NFPA Standards 1710 and 1720 define safe and effective response to structure

fires in the 21st century. Both standards are developed through the voluntary consensus process, a process that Congress mandated for standards used by federal

agencies, with the enactment of the National Technology Transfer and Advancement

Act of 1995. All NFPA standards developed through this process are accredited by

the American National Standards Institute.

The needs assessment survey found fire departments protecting communities of

at least one million citizens had at least four career firefighters assigned to engines.

But the numbers break down in smaller communities: Only 60 percent of departments protecting communities of 250,000 to one million had four career firefighters

assigned to engines. In departments serving populations of 100,000 to 250,000 only

44 percent could make that claim. And in communities between 10,000 and 100,000,

just 20 to 26 percent of departments offered that necessary coverage. This is our

best information on the level of adoption and implementation of NFPA 1710, as of

late 2001.

With regard to NFPA 1720, most smaller communities protected by an all volunteer or mostly volunteer fire department responded with four or more firefighters

to a mid-day house fire, but for many, the total response was only adequate for two

functional crews on the scene. What remains unclear and unmeasured is how long

it took to assemble those firefighters.

When fewer than four firefighters are on scene, first responders face a cruel choice

between initiating an interior attack without proper manpower to secure their own

safety during high risk operations, OR delay the interior fire attack until additional

forces arrive. Obviously, the latter increases the danger to occupants and overall

damage to the property. Both NFPA 1500, Standard on Fire Service Occupational

Safety and Health, and Federal OSHA regulations require a minimum of two firefighters to back up an initial team of at least two firefighters working in a hazardous environment. This is often referred to as the ‘‘two-in-and-two-out rule.’’

Closing these gaps requires more firefighters. There are no short cuts. Just to

staff the number of fire stations required to meet response-time guidelines, we estimate 25,000 to 35,000 more career firefighters are needed. And to address the staffing of existing departments so that firefighters safely and effectively mount an interior attack on a fire, another 50,000 career officers are needed.

Investigations by NFPA and the National Institute of Occupational Safety and

Health have shown that a lack of adequate staffing has contributed to several firefighter fatalities in recent years. Increasing firefighter staffing to meet NFPA standards will help to protect the lives of our firefighters and our citizens.

The Needs Assessment Survey also pointed to shortfalls in training, certification,

equipment, and apparatus. While the existing FIRE Act has started to address these

needs, the funding level has been only a fraction of the full cost.

Add to this backdrop, the new challenges of global terrorism and the long list of

training and equipment needs for the modern fire service grows even longer. A recent NFPA analysis estimates that training and equipment needs for terrorism preparedness would run to tens-of-billions of dollars in initial costs and billions more

each subsequent year to maintain proficiency. Those estimates presume there will

be a sufficient number of first responders to perform assigned jobs, which is what

the SAFER bill rightly addresses.

Firefighter demographics have changed substantially in the last 15 years. There

are more career firefighters but fewer volunteers, and the average age of firefighters

is rising rapidly.

Between 1986 and 2001, the total number of active firefighters increased by three

percent. While career firefighter numbers increased by 23 percent, the number of

volunteer firefighters decreased by three percent. Much of the shift is due to the addition of career firefighters—or more career firefighters—to departments that were

once all-or mostly-volunteer. On top of that shift, the average size of career departments has grown slightly, while the average size of volunteer departments has remained unchanged.

In 1986, 30 percent of U.S. firefighters were under 30 years of age and 36 percent

were at least 40 years old. In 2001, 25 percent of U.S. firefighters were under 30

years of age and 44 percent were at least 40 years old.

37

The shift in the age make up of our departments, suggests a severe recruitment

problem that has been temporarily offset by delayed retirements and/or better retention.

Collectively, these findings suggest several courses of action:

Career fire departments need more firefighters, even as they’ve experienced some

success in adding firefighters to meet new assignments, standards, and guidelines

over the past 15 years. There is nothing to suggest recruiting qualified firefighters

would be an obstacle if departments were properly authorized and funded to do so.

Volunteer fire departments also need more firefighters. While many communities

have dealt with the recruitment decline by retaining older firefighters, they have,

as a result, increased the percentage of firefighters who are at the highest risk of

on-duty fatal injury. The rate of on-duty firefighter fatalities per 100,000 firefighters

rises sharply after age 40, due primarily to the increased risk of heart attack.

As Congress looks to address the staffing problem through your legislation, something must also be done to help our volunteer fire departments with recruitment

and retention. Volunteer fire departments struggle to keep their members and to

recruit new members to replace retiring firefighters.

Chairman Boehlert, your legislation is designed to help both volunteer and career

fire departments. The legislation would provide greater assistance if the definition

of a firefighter would include those involved in fire prevention, public education, and

code enforcement. Fire departments could then use these funds to hire personnel to

do training activities, fire prevention, public education, or firefighting. This would

dramatically improve some departments’ response capabilities but, equally important, could prevent some tragedies from occurring in the first place.

Mr. Chairman, when the Needs Assessment Survey was released, I was asked

what I thought it all meant, and I described it as a Call to Action. The SAFER Bill

is an outstanding piece of legislation that defines, clearly and practically, what actions we are called to take and must take.

We cannot continue to ask our fire departments to protect our communities without adequate resources. We would not expect our armed services to defend our nation without adequate staffing and we should expect no less from our first responders here at home. But as the country braces for the unknown at home, our nation’s

fire departments, which are nearly always the first to respond in any crisis, are

woefully understaffed to fully protect our citizenry or themselves. The need is urgent and long overdue.

We all recognize the increased demands that have been placed on our nation’s

firefighters since September 11th. We can no longer ask our fire departments to survive entirely on local tax revenue, or in some cases fundraisers such as potluck dinners and auctions. The Federal Government must provide adequate resources and

support to our firefighters to meet the many challenges—whether natural, unintentional or deliberate—as they protect the public and secure our homeland.

Your legislation would begin to address these urgent needs, and NFPA not only

enthusiastically endorses SAFER, we urge its passage.

Mr. Chairman, thank you for the opportunity to testify today. I will be happy to

answer any questions you or other Members of the Committee may have.

BIOGRAPHY FOR JAMES M. SHANNON

NFPA President

James Shannon served as NFPA Senior Vice President and general counsel from

1991–2002. In that time he oversaw all legal affairs of the association and also had

administrative and real estate responsibility for NFPA’s properties. Mr. Shannon

has had a visible role in the organization’s operations and government affairs, both

domestically and abroad. Previously, he was elected Attorney General of the Commonwealth of Massachusetts where he pursued numerous policy issues, including a

focus on antitrust. Mr. Shannon was senior partner in the Boston law firm Hale &

Dorr and from 1979 to 1985, he served in the United States House of Representatives. Mr. Shannon earned his BA degree at Johns Hopkins University and his JD

at George Washington University School of Law.

38

39

40

Chairman BOEHLERT. Thank you very much, Mr. Shannon. We

do appreciate your testimony. The Chair is pleased to recognize

Chief Quill. And we pronounce it up our way Auburn. Chief.

STATEMENT OF MR. MICHAEL D. QUILL, CHIEF, AUBURN, NEW

YORK FIRE DEPARTMENT

Mr. QUILL. Thank you, Mr. Chairman, Members of the Committee.

I would like to start out by talking a little bit about my hometown of, as you said, Auburn, New York. Auburn is a small city located in central New York. According to the latest census, the population stands at 28,574 people and covers an area of 8.6 square

miles. In 2002, the City of Auburn responded to 3,635 calls for

service, including structure fires, vehicle fires, emergency medical

calls, service calls, and so forth and so on.

The department works on a rotating four-platoon cycle with one

platoon on days, one platoon on nights, and two platoons on their

time off. All four shifts are staffed with 17 personnel with the number of normal working personnel on duty is 14, which includes a

Chief Officer, a Captain, Lieutenants, Firefighters. These same personnel operate with three engine companies, a Hook & Ladder, a

rescue vehicle, and the command vehicle.

For a structural fire response, it would include all on-duty personnel. If any sign of fire is visible, an automatic callback is instituted, which would start bringing in personnel from home. With 14

personnel on duty, there are not enough people to extinguish the

fire. One Command Officer, one—at least one pump operator, a

person to operate the aerial device, a fast team or a Rid team,

which is the ‘‘two-in-two-out’’—pertains to the ‘‘two-in-two-out’’,

who rescue the rescuers and for fire suppression, ventilation, rescue, salvage, that brings us down to eight people.

These same eight firefighters are responsible for rescuing any

trapped occupants, advancing hose lines, ventilating the structure

so the hose lines can be advanced, placing ladders around the

structure. Under the best of conditions, this requires a response of

41

a less—of at least 15 people minimum, but ideally there should be

in the neighborhood of 20 people.

In 1973, when I was hired as a firefighter for the Auburn Fire

Department, we had 96 people in the job: 20 people assigned per

shift, and not every working fire was an automatic callback for aid.

The department was able to handle every call, and very seldom had

to callback for additional personnel. As time went on, budget constraints, one of the first things to cut back were personnel.

The fire department’s operating budget for the last three years averaged out to $3.9 million. From this, 92 percent is deducted for

personnel costs, salary, overtime, fringe benefits, and so forth. This

leaves approximately $316,000 per year for tools, turnout gear, a

self-contained breathing apparatus, vehicle replacement. Turnout

gear costs approximately 200—or excuse me, $2,000 per individual.

SCBA’s are approximately $2,000 approximately. Vehicles start at

$300,000 and go up. As you can see, there is not a great deal left

over for additional personnel.

Why do we need more firefighters? The primary reasons for hiring additional firefighters are very simple: greatly enhances the efficiency on-scene; increased safety, both for firefighters and the victims they are assisting; and enhanced planning and training to

protect both firefighters and the communities they serve.

While some jurisdictions require four firefighters to staff a single

piece of apparatus, most staff with only three, and in my city, at

times, we were down to two people. By increasing to four firefighters per unit, we will generate 100 percent increase in operational capacity compared with three-person companies. Under federal administrative law and proper safety practices, firefighters

must operate in teams of at least two people. Therefore fire apparatus staffing of four will yield two working teams of two, doubling

the capacity of apparatus staff with only three personnel.

Linked to this substantial gain in productivity is a commensurate increase in safety, both for firefighters and for the victims they

are assisting. On emergency responses, time is critical and minutes, or even seconds, can often mean the difference between life

and death. The SAFER bill will help local governments provide

necessary staffing on the initial response and not allow precious

time to slip away as the first personnel on scene wait for additional

firefighters to arrive.

I do not live in a dream world and expect personnel levels will

ever be the same as in the early ’70’s. However, as a Fire Chief,

I realize that any additional personnel will be a huge benefit to the

City of Auburn, as it would to all cities in the fire departments

throughout the country.

Thank you.

[The prepared statement of Mr. Quill follows:]

PREPARED STATEMENT OF MICHAEL D. QUILL

Auburn, is a small city located in Central New York. According to the latest census, Auburn has a population of is 28,574 people and covers an area of 8.6 square

miles.

In 2002, the city of Auburn responded to 3,635 calls for service including structure

fires, vehicle fires, emergency medical calls, hazardous conditions and service calls.

The department works on a rotating four platoon cycle with one platoon on days,

one platoon on nights and two platoons on their off time. All four shifts are staffed

with 17 personnel; with the normal number of personnel on duty being 14. This inVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00045 Fmt 6633 Sfmt 6621 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
42

cludes a Chief Officer, a Captain, Lieutenants and Fire Fighter’s. These same personnel operate with three engine companies, a Hook & Ladder, a rescue vehicle and

a command vehicle.

For a structural fire response, it would include all on duty personnel. If any sign

of fire is visible, an automatic call back is instituted, which would start bringing

in personnel from home. With 14 personnel on duty, there are not enough people

to extinguish the fire. The breakdown is as follows:

Command Officer (1 person)

Pump Operator (1 person)

Aerial Device operator (1 person)

Fast team (3 people)

Fire suppression, ventilation, rescue, salvage (8 people)

These same eight firefighters’ are responsible for rescuing any trapped occupants,

advancing hose lines, ventilating the structure so that the hose lines can be advanced, placing ladders around the structure. Under the best of conditions, this requires a response of at least 15 people minimum but ideally, this should be in the

neighborhood of 20 people.

In 1973 when I was hired as a firefighter the Auburn Fire Department had 96

people on the job, 20 people assigned per shift, not every working fire was an automatic call back of personnel. The department was able to handle every call and very

seldom had to ‘‘call back’ for additional personnel. As time went on, budget constraints one of the first things to be cut back were personnel.

The Fire departments operating budget for the last three years averages out to $3,956,330.00. From this 92 percent is deducted for personnel costs (salary, overtime

and fringe benefits). This leaves approximately $316,506.00 per years for tools, turnout gear, SCBA vehicle replacement, etc. Turnout gear costs $2,000.00 per set,

SCBA’s are at $2,000 each and vehicles start at $300,000.00 and go up. As you can

see there is not a great deal left over for additional personnel.

I do not live in a dream world, and expect personnel levels will ever be the same

as in the early 70’s. However, as a fire chief I realize that any additional personnel

will be a huge benefit to the city of Auburn, as it would to all cities and fire departments throughout the country.

Why Do We Need More Firefighters?

The primary reasons for hiring additional firefighters are very simple:

1. Greatly enhanced efficiency on-scene,

2. Increased safety, both for firefighters and the victims they are assisting, and

3. Enhanced planning and training to protect both firefighters and the communities they serve.

While some jurisdictions require four firefighters to staff a single piece of fire apparatus, most staff with only three and in my city at times we are down to two.

By increasing to four firefighters per unit, we will generate a 100 percent increase

in operational capacity compared with three-person companies. Under federal administrative law and proper safety practices, firefighters must operate in teams of

at least two people. Therefore, fire apparatus staffing of four will yield two working

teams of two, doubling the capacity of apparatus staffed with only three personnel.

Linked to this substantial gain in productivity is a commensurate increase in safety both for firefighters and for the victims they are assisting. On emergency responses, time is critical and minutes, or even seconds, can often mean the difference

between life and death. The SAFER bill will help local governments provide necessary staffing on the initial response and not allow precious time to slip away as

the first personnel on-scene wait for additional firefighters to arrive.

Why Federal Funding?

Traditionally, fire departments have responded to isolated, local incidents. For the

occasional, large-scale response, mutual aid from a neighboring jurisdiction often

provided the needed, additional resources.

In the aftermath of September 11th, it is no longer sufficient for fire departments

to plan for these limited events. In the midst of our ongoing war on terrorism, local

fire departments must be prepared for coordinated, well-orchestrated attacks aimed

at American citizens on American soil. These attacks require the emergency response system to have significant surge capacity—of both manpower and equipment.

Local governments cannot provide these resources alone. Properly preparing for and

coordinating this type of response requires the assistance and financial support of

the Federal Government.

43

Recent economic conditions have forced fire departments to make significant

budget cuts which are forcing staff reductions across the country. Departments have

also been directly affected by the military call-ups necessary for the war in Iraq.

A recent survey conducted by the International Association of Fire Chiefs has shown

that the smallest fire departments are disproportionately affected by the call-up of

military personnel. These departments are the least able to absorb the loss of

trained staff and will find much benefit from the legislation proposed by the SAFER

Act.

Statistics

The National Fire Protection Association (NFPA)—the consensus, standard-making body for the fire service—has published the consensus standard on recommended staffing for career and combination fire departments. Based on this

standard, we know that many of these fire departments are understaffed.

In addition, volunteer fire departments across the country are facing great difficulty in maintaining their ranks of volunteer firefighters. There are a wide variety

of reasons for this decline, but its impact is unmistakable. NFPA statistics show a

consistent, significant downward trend over the last two decades.

Fortunately, relatively small investments in one or two career personnel can pay

large dividends to a rural community served by a predominantly volunteer department. For example, by hiring a full-time training officer the department can maximize the safety and productivity of its volunteers by making sure their training regimen is up-to-date and that certifications are current for all firefighters.

Congress and the Staffing for Adequate Fire and Emergency Response

(SAFER) Act

On May 22, 2003 the Senate recognized the importance of establishing a federal

initiative to enable State and local governments to hire additional firefighters

through passage of a legislative amendment including firefighter staffing provisions.

This is a significant step as the Federal Government has recognized and responded

to fire and emergency service staffing needs. Unfortunately, this legislation authorized less than one-half of the $7.5 billion that is needed to support the SAFER Act.

We look to the House of Representatives to pass SAFER with full funding and support its move through congressional conference.

It is important to recognize the leadership that Chairman Boehlert has offered by

introducing the SAFER Act. This legislation helps communities meet minimum fire

personnel needs in a variety of emergency situations. It builds upon the highly successful Assistance to Firefighters grant program (also known as the FIRE Act),

which provides fire departments funding for basic equipment and training, and

helps make our communities more safe for the first responders and citizens of this

great nation.

BIOGRAPHY FOR MICHAEL D. QUILL

My name is Michael D. Quill and I am the Fire Chief of Auburn, NY. I was born

and raised in Auburn; after graduating from high school, I entered the United

States Marine Corps and served on active duty for four years, including a tour in

Vietnam. Upon completion of my enlistment, I started my career with the Auburn

Fire Department in November of 1973. During my 29c years I have worked in all

ranks of the Department from Firefighter to Lieutenant, to Captain, to Municipal

Training Officer to Assistant Chief and, in February of 1995, I was promoted to

Chief of Department. I have been married to the former Joan McDonald for twentynine years. We have two children. Michael Jr. is a Police Officer in North Syracuse,

NY and Colleen has just graduated from State University of New York at Cortland

with a Bachelor of Science Degree in Elementary Education.

44

45

Chairman BOEHLERT. Thank you very much, Chief. Chief Cash.

Mr. CASH. Mr. Chairman, thank you for the opportunity——

Chairman BOEHLERT. Microphone, please.

STATEMENT OF MR. JEFFREY C. CASH, CHIEF, CHERRYVILLE,

NORTH CAROLINA FIRE DEPARTMENT

Mr. CASH. Thank you for your leadership, Mr. Chairman, and

Mr. Hall, as well. Thank you, Mr. Miller, for the introduction.

Mr. Chairman and Members of the Committee, my name is Jeff

Cash. I currently serve as the volunteer Fire Chief for the City of

Cherryville Fire Department in Cherryville, North Carolina. In addition, I work full-time as a program coordinator for the North

Carolina State Firemen’s Association. I also serve as the State’s Director, or Delegate, to the National Volunteer Fire Council. The

National Volunteer Fire Council represents interests of the Nation’s nearly 800,000 volunteer firefighters who staff nearly 90 percent of America’s fire departments.

Thank you for the honor and privilege you have afforded me by

allowing me to address this committee and express my views concerning H.R. 1118, the Staffing for Adequate Fire and Emergency

Response Act and the manpower needs of America’s Fire Service.

Over the past year, you have heard from many national Fire Service organizational leaders regarding the SAFER Act. I am sure that

their information has provided you with much insight to this bill

and how it will positively effect America’s Fire Service.

Personnel shortages are a tremendous concern for America’s Fire

Service. Many departments and communities of all sizes struggle

on a daily basis to adequately staff local fire stations and respond

to calls. Personnel shortfall endangers the safety of firefighters and

hinder their ability as first responders to effectively protect the

public from fires and other hazards. Many studies and standards,

such as NFPA that you have previously heard about, indicate there

needs to be a minimal number of personnel on-scene to perform

life-saving measures safely. Other studies indicate proper staffing

is required to adequately protect property. Simply put, when firefighters can not safely work, they are unable to save lives and

property.

The SAFER Act authorizes the U.S. Fire Administrator to make

grants to states and local governments to hire additional firefighters. The National Volunteer Fire Council and I support the

passage of this legislation. Modeled after the highly successful

COPS Program, the local governments would jointly share in the

cost of hiring new firefighters over a 4-year period until the local

jurisdiction could absorb responsibility for funding the new positions. This would provide for the safety of our firefighters as well

as help ensure on-scene efficiency and allow the Fire Service to

guarantee quality fire protection to the communities across our

land.

With all of these critical issues facing volunteer fire departments,

I feel the SAFER bill should also include a recruitment and retention component to provide additional grants to local fire departments as local, State, or national Fire Service organizations. These

grants, at a fraction of the cost of hiring grants, would go a long

way to reverse the trend of high turnover in the volunteer fire servVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00049 Fmt 6633 Sfmt 6601 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
46

ices as well as the national trend that has resulted in the loss of

nearly 15 percent of the volunteer ranks in the last 20 years.

Some possible programs that could be implemented with the recruitment and retention grants include national and local recruitment campaigns, the creation and augmentation of length of service award programs, other pension programs for volunteers, tuition

assistance for higher education, and affordable housing programs,

to mention a few.

In fact, since September the 11th, 2001, the President of the

United States has been encouraging all Americans to commit to

service of their neighbors and their nation by becoming volunteers

through Citizen Corps Initiative. Although I am encouraged by this

initiative, we need to ensure that the recruitment of volunteer

emergency service personnel is a vital part of that program.

The main reasons additional firefighters that—are needed are: to

provide for a higher level of safety for firefighters and victims during emergencies; to promote a higher degree of efficiency on the

scene of these emergencies; to improve training to protect the communities across America; and in some cases, simply meet recommended standards.

Why should the Federal Government be involved? For the majority of these responses, most local fire departments can respond to,

they can be handled with one- or two-engine companies, sometimes

supplemented by neighboring fire departments. This was before

September the 11th. That day changed forever the role of the

American Fire Service as well as our country. Not only does the

local fire department continue to respond to fires and medical calls,

but now is looked upon by its community to respond to hazardous

material incidents, incidents involving weapons of mass destruction, as well as terrorism. And as we all know, terrorism has become a national issue. Local governments simply can not meet

these financial demands. Being prepared through staffing, training,

equipment, and coordination of these type of incidents will require

financial assistance from the Federal Government.

Finally, it is my understanding that on May 23, 2003, the United

States Senate voted to add the SAFER bill as an amendment to the

fiscal year 2004 Defense Authorization Bill, S. 1050. However, the

House passed their version of the bill, H.R. 1588 without including

the SAFER bill language. I urge the Members of this committee,

and all Members of the House, to support keeping this language in

its final version currently being worked out by conference committee.

In closing, Mr. Chairman, again, I want to thank you for your

leadership and for the opportunity to share my views with this

committee and for your steadfast support of the Nation’s fire service. I will be glad to answer any questions that you may have.

[The prepared statement of Mr. Cash follows:]

PREPARED STATEMENT OF JEFFERY C. CASH

Mr. Chairman and Members of the Committee, my name is Jeff Cash. I currently

serve as the Volunteer Fire Chief for the City of Cherryville Fire Department in

Cherryville, North Carolina. In addition, I work full-time as Program Coordinator

for the North Carolina State Firemen’s Association. I also serve as North Carolina’s

State Director to the National Volunteer Fire Council (NVFC). The NVFC repVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00050 Fmt 6633 Sfmt 6621 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
47

resents the interests of the Nation’s nearly 800,000 volunteer firefighters, who staff

nearly 90 percent of America’s fire departments.

The Cherryville Fire Department consists of thirty-six total members, seven of

which are full-time employees. The career personnel work a two-man per shift 24-

hour rotation. Within these seven full-time employees is a Fire Inspector/Fire Educator who also serves as a daytime suppression employee. To supplement this fulltime staff is a part-time clerical person.

The remaining twenty-nine members of the department are volunteer/paid on call.

We have one station which houses two engines, one aerial truck, and a brush truck.

The Cherryville Fire Department averages approximately 1,050 calls per year. The

breakdown of calls is approximately 350 fire calls and 700 medical calls.

Thank you for the honor and privilege you have afforded me by allowing me to

address this committee and express my views concerning H.R. 1118, the Staffing for

Adequate Fire and Emergency Response (SAFER) Act and the manpower needs of

America’s fire service. Over the past year, you have heard from many national fire

service organization leaders regarding the SAFER Act. I am sure that their information has provided you with much insight into how this bill will positively affect the

American Fire Service. During my testimony, I will attempt to provide additional

justification for this bill by providing you with a glimpse into the needs and issues

of my local jurisdiction.

Personnel shortages are a tremendous concern of America’s fire service. Many departments, in communities of all sizes, struggle on a daily basis to adequately staff

local fire stations and respond to calls. Personnel shortfalls endanger the safety of

firefighters and hinder the ability of first responders to effectively protect the public

from fire and other hazards. Many studies and standards indicate there needs to

be a minimum number of personnel on-scene to perform lifesaving measures safely.

Other studies indicate proper staffing is required to adequately protect property.

Simply put, when firefighters cannot safely work, they are unable to save lives and

property.

The SAFER Act authorizes the U.S. Fire Administrator to make grants to State

and local governments to hire additional firefighters. The NVFC and I support passage of this legislation. Modeled after the highly successful COPS Program, local

governments would jointly share the costs of hiring new firefighters over a four-year

period until the local jurisdiction could absorb the responsibility of funding the new

positions. This would provide for the safety of our firefighters as well as help insure

on-scene efficiency and allow the fire service to guarantee quality fire protection to

the communities of America.

As long ago in Philadelphia, one of our forefathers, Benjamin Franklin, served as

a volunteer firefighter. As founder of one of America’s first fire departments, Franklin served his community as best he could. Remembering that he was a very busy

man, I suppose old Ben missed a few fire calls, but I feel certain that he was there

when he could be. I don’t know how much time was required of firefighters back

then, but I believe it was surely less than it is today. As Philadelphia grew, career

firefighters began to replace volunteers because of call volume and other demographic changes. But rest assured, volunteer fire companies still play a major role

and remain a way of life in the communities surrounding Philadelphia today. Much

is the same where I live.

I come before you today to tell you about my hometown and the fire protection

we offer to our citizens. I want to discuss the challenges we face, and to seek your

help in alleviating difficulties in delivering high quality fire and rescue services.

From talking with fire service leaders across our nation, I believe these problems

are common throughout the country.

As Fire Chief, I have aggressively pursued budgeting for necessary staffing, equipment, and operational needs. A city our size (pop. 5,800) continues to feel the great

impact caused by budget cuts, which are a result of the present economic situation.

The City of Cherryville is losing dollars almost daily from its tax base. Furthermore,

we are possibly facing cuts in this year’s budget. To add to our woes, the state of

North Carolina is also withholding monies from the budget for the City of

Cherryville. Our county officials are considering changes in the way they distribute

sales tax revenue to the municipalities. This would have a dramatic impact on both

the city and fire department budgets. Since my department is already operating at

below minimum staffing levels, we are even more concerned about providing adequate fire protection and keeping our firefighters safe. My community, under current conditions, can barely stay operational. With basic infrastructure needs alone,

my community is overwhelmed.

My county, Gaston County, has an unemployment rate of 8.1 percent. The City

of Cherryville is uniquely located at the northwestern corner of the county surrounded by Cleveland County and Lincoln County. The unemployment rate for

48

Cleveland County is 11.4 percent and Lincoln County is 11.3 percent. The actual

job loss from the City of Cherryville since 1995 is over 3,900 jobs. This number is

derived mostly from losses in the textile and trucking industries. The annual payroll

loss is approximately $86 million. You can see from these statistics how economically crippled my community has become. A shrinking tax base results in budget

cuts. My community simply cannot afford manpower and staffing costs above its

current funding levels. This, in turn, affects our ability to deliver adequate fire protection, and as Fire Chief I am greatly concerned about the safety of our firefighters.

Gaston County is a suburban county in North Carolina that has a population of

190,000. Fire service for the fifteen municipalities and unincorporated areas of the

county is provided by some 28 fire departments ranging from fully paid (Gastonia)

to combination paid/volunteer (Cherryville, Belmont, Mount Holly, and Stanley)

with the remaining departments staffed on a fully volunteer basis. Current staffing

in the county includes approximately 600 volunteer members, a number that has

remained fairly constant for more than 10 years.

Annually, the part-time and volunteer firefighters answer more than 7,500 calls

for service. This call volume has significantly increased over the past decade. Please

understand that while the number of volunteers available has remained steady, the

work load has increased drastically. Let’s compare the Cherryville Fire Department’s 1968 Annual Report to our 2002 Annual Report. In 1968, the department’s

26 members spent 564 hours answering 66 calls for service and trained for a total

of 650 hours. In total, members donated about 50 hours per year to the department.

In 2002, our department’s 36 members spent more than 4,000 hours on 996 calls

to which they were assigned and trained for a total of 1,700 hours. Our average

member donated more than 160 hours last year.

We are facing more calls, more time demands, and higher training standards, yet

we live in an economy that is less charitable than in previous years. Few, if any

business and industrial concerns are willing to allow firefighters to respond from

work. Many times members are struggling to meet the financial demands for themselves and their families, and cannot afford to leave a paying job to volunteer. Often,

we lose members because they hold second, even third jobs, trying to make financial

ends meet. Many of our firefighters must drive out of our community to work which

compounds our problem of staffing, especially during daytime hours. Several of my

volunteer firefighters commute one hour to the Charlotte metro area, work eight

hours, and then commute one hour home. This makes their availability to respond

to calls for service very limited. This is compounded by the demands of family and

church. Bottom line, where time is at a greater premium, community service holds

less of an importance.

In 1968, a person was considered a firefighter when they completed 42 hours of

training. Given the equipment used then and the situations that were encountered,

40-80 hours of training was probably sufficient to indoctrinate a person. As the complexity of equipment used and situations now encountered are more diverse, training demands have increased. Before placing a person in danger’s way, minimal

training is needed to achieve compliance with the National Fire Protection Association’s minimum standards. Firefighter I, considered the minimum training, requires

over 200 hours. Firefighter II is another 150 hours. To be certified as an Emergency

Rescue Technician requires 240 hours of training. For Emergency Medical Technician’s, the minimal training required to treat patients in an ambulance is over 160

hours. More recent years have added training requirements for recognition and

proper handling of incidents involving hazardous materials, weapons of mass destruction and now terrorism events.

You may have heard some suggest that we need to reduce training requirements

for volunteers. I however have chosen another path. Fire does not know, nor care,

the employment status of a firefighter. It kills and injures volunteer and career firefighters without regard. Citizens deserve well-trained, experienced responders.

Granted, anywhere in the United States a large portion of our calls can be handled with four responders. It is those larger incidents where 15–20 members are required to safely and adequately function that become a problem.

A 1999 survey conducted of Gaston County’s Fire Service indicated that the average turnover of volunteers exceeds 25 percent annually. As with any business, this

turnover rate is unhealthy. When we average retaining a person only four years,

we have less experience and are constantly training new members. Officers are

more prone to have good technical skills rather than having the opportunity to develop leadership skills needed to coordinate and to some extent, accommodate volunteer workers.

So what is needed? Volunteers are not free. Their time—time away from their

families, time away from their jobs, and time to respond—is donated but it costs

them. Lack of time is the most often cited reason for not joining and for leaving

49

the fire/rescue services. Other reasons include jobs, second jobs, family, children,

aging parents, church, and general overload.

Often we find that a person who will train for and respond to emergencies does

not have sufficient time to attend to routine details such as equipment maintenance,

record keeping, business meetings, and fundraising activities within the fire station.

These details are essential for fire department operation; however, many are unwilling to volunteer time to accomplish that portion of the mission. Sometimes adequate

funding can remove barriers to accomplishing these tasks. We must fund individual

communities to assure that sufficient, adequately trained personnel are available to

meet their citizens’ needs.

With all of these critical issues facing volunteer fire departments, I feel that the

SAFER Bill should also include a recruitment and retention component to provide

additional grants to local departments, as local, State or national fire service organizations. These grants, at a fraction of the cost of the hiring grants, would go a long

way to reverse the trend of high turnover in the volunteer fire service as well as

the national trend that has resulted in a loss of nearly 15 percent of the volunteer

rank in the last 20 years. They would be very useful for departments that won’t

have the ability or need to take part in the hiring part of the program.

Some possible programs that could be implemented with recruitment and retention grants include; national and local recruitment campaigns; the creation and augmentation of length of service award programs and other pension programs for volunteers; tuition assistance for higher education; and affordable housing programs.

In addition, since September 11, 2001, the President of the United States has

been encouraging all Americans to commit to service of their neighbors and their

nation by becoming volunteers through the Citizen Corps Initiative. Although I am

encouraged by the initiative, we need to ensure that the recruitment of volunteer

emergency services personnel is a vital part of that program.

Additionally, if a stipend for response generates member retention, we need to implement it. If tax breaks to businesses to allow members to respond from work are

needed, make it so. Should the answer be more community involvement, hire a coordinator to facilitate activities. Other solutions include tax breaks for volunteering,

stipends for response and training, career staff to facilitate training when individual

volunteers are available, and hiring career members to complete administrative

tasks. All of these solutions are part of a system to reduce demands so volunteers

can focus on the most important tasks—fighting fires and serving their fellow Americans.

Increased call volume, increased training demands, and greater requirements are

facts of life in America. Firefighting gets no relief. Back to Ben Franklin, please understand that there is a great probability that he would not have time to volunteer

as a firefighter in today’s age. He would be too busy developing a country, discovering electricity, writing, and speaking. One has to ask, how many good, even great

leaders would or could volunteer if we simply made it more conducive to their schedules?

In addition, we need to ensure that firefighters hired under the SAFER Bill are

guaranteed the right to continue to volunteer in other jurisdictions during their offduty hours. Many career firefighters who work in larger communities often live in

smaller communities and belong to their local volunteer fire volunteer departments.

These individuals should be able to provide their invaluable knowledge and expertise to their local department, which are responsible for protecting their own homes

and family, without harassment from employers or labor organizations.

Finally, it is my understanding that on May 23, 2003 the United States Senate

voted to add the SAFER Bill as an amendment to the FY 2004 Defense Authorization bill (S. 1050). However, the House passed their version of the bill (H.R. 1588)

without including the SAFER Bill language. I urge the Members of this committee

and all Members of the House to support keeping the language in the final version

that is currently being worked out in a conference committee.

In closing Mr. Chairman, I once again thank you the opportunity to share my

views with the Committee and for your steadfast support of the Nation’s fire service.

I would be happy to answer any questions you may have.

BIOGRAPHY FOR JEFFERY C. CASH

Objective:

To utilize my teaching, human relations, organizational skills, and leadership

ability to design and implement overall programs that assist firefighters in protecting and serving the citizens of their community.

50

Experience:

January 2003–Present—Cherryville, NC

NORTH CAROLINA STATE FIREMEN’S ASSOCIATION

Position Held: Program Coordinator

December 1981–Present—Cherryville, NC

CITY OF CHERRYVILLE FIRE DEPARTMENT

Positions Held: Firefighter, Driver Engineer, Captain/Training Officer, Fire

Chief, and City Emergency Management Director. Currently serving as Volunteer Fire Chief

September 1981–December 1981—Shelby, NC

CITY OF SHELBY FIRE DEPARTMENT

Position Held: Firefighter

June 1979–September 1981—Rock Hill, SC

CITY OF ROCK HILL FIRE DEPARTMENT

Position Held: Firefighter

Education:

• Cherryville Senior High School

• Cleveland Community College

• Gaston College

Fire Service Training

• North Carolina Certified Firefighter Level III

• North Carolina Certified EMT Defibrillation

• North Carolina Certified Fire Officer

• North Carolina Certified Hazardous Material Responder

• North Carolina Certified Arson Investigator

• North Carolina Certified Fire Inspector Level III

• Fire Chief Executive Development Program Institute of Government UNC

Chapel Hill

Professional Activities:

• Winner of I.S.F.S.I. Company Officer Scholarship, April 1984, paper published.

• NC Fire College & NC Breathing Equipment School (Lead Instructor)

• Gaston College Senior Instructor

• Cherryville Firefighter of the Year, December 1987

• NC Firemen’s Association Fireman of the Year, 1990

• Region 11 Training Advisory Committee

• NC Department of Insurance Fire Control Validation Committee

• NC General Assembly Legislative Study Commission 1998, 1999

• North Carolina State Director to National Volunteer Fire Council

• Founder North Carolina Gateway Project

• NC State Firemen’s Association Board of Directors August 1995–August 2001

Fire Service Organizations:

• International Society of Fire Service Instructors

• National Volunteer Fire Council

• NC Fire Chief’s Association

• NC Society of Fire Service Instructors

• NC Chapter International Association of Arson Investigators

• Gaston County Firefighters Association, Board of Directors

• Western NC Firemen’s Association

• Gaston College Advisory Committee (Chairman)

• NC State Firemen’s Association Legislative Key Contact

51

Community Activities:

• Member of First Baptist Church, Cherryville, Deacon Board, Past Chairman

• South Elementary Parent Advisory Board, Chairman

• Precinct Chairman, Precinct #44 Cherryville, 1988–1992

• Little League Baseball Coach, 1990–1998

• Little League Baseball NC District One District Administrator

• Little League Baseball International Advisory Board Member

• Ironmen Booster Club, Past President

• NC Baptist Men (Disaster Relief Committee)

• NC 26th Regiment, Civil War Re-enactor, Private

• Cherryville Country Club Board of Directors

References:

• Paul Miller, Executive Director, North Carolina State Firemen’s Association,

P.O. Box 188, Farmville, NC 27828; 800–253–4733

• Ken Briscoe, Office of Fire Marshal, 1426 Overlook Drive, Lenoir, NC 28645;

800–634–7854

Fire Chief Jeff Cash

Jeff Cash is a native of Cherryville, North Carolina. He graduated from

Cherryville High School in 1978 and attended Cleveland Community College and

Gaston College. Jeff began his career as a firefighter for the City of Rock Hill, South

Carolina in June 1979. In September 1981, he accepted a position as a firefighter

with the City of Shelby, North Carolina. In December 1981, he accepted a position

as a firefighter/driver engineer with the City of Cherryville. He also held the positions of Captain/Training Officer, City Emergency Management Director, and was

promoted to Fire Chief in 1986. Since January of 2003, he has served as the fulltime Program Coordinator for the North Carolina State Firemen’s Association and

Volunteer Fire Chief for the City of Cherryville Fire Department.

During the past twenty-four years, he has been involved with the Fire Service at

all levels. Chief Cash has served as an officer for the Gaston County Firemen’s Association, as President of the Western North Carolina Firemen’s Association, and on

the Board of the Directors for the North Carolina State Firemen’s Association for

seven years. In 2001, Jeff served as the President of the North Carolina State Firemen’s Association. This organization represents 44,000 firefighters across the state

of North Carolina. In 1990, Jeff was chosen by his peers as the North Carolina State

Fireman of the Year. In 1999, Jeff was appointed to the National Volunteer Fire

Council as North Carolina’s State Director. He still currently serves in this position.

Jeff is married and has two sons who both attend Appalachian State University

in Boone, North Carolina. He currently serves as District Administrator for Little

League Baseball. He also serves on the Little League Baseball International Advisory Board. He and his family live in Cherryville, NC and are active members of

the First Baptist Church.

Cherryville Fire Department, Cherryville, NC

City of Cherryville consists of 4.2 square miles with a population of approximately

5,800. The city is located in the Western Piedmont of North Carolina. The township

of Cherryville consists of approximately 14,000 people. Gaston County’s population

is 190,000.

The Cherryville Fire Department consists of thirty-six total members, seven of

which are full-time employees. The career personnel work a two-man per shift 24-

hour rotation. Within these seven full-time employees is a Fire Inspector/Fire Educator who also serves as a daytime suppression employee. To supplement this fulltime staff is a part-time clerical person.

Chief Jeff Cash currently serves the fire department as its Volunteer Fire Chief.

He provides overall leadership and management of the department. The remaining

twenty-nine members of the department are volunteer/paid on call. They have one

station which houses two engines, one aerial truck, and a brush truck. The

Cherryville Fire Department averages approximately 1,050 calls per year. The

breakdown of calls is approximately 350 fire calls and 700 medical calls.

52

Chairman BOEHLERT. Thank you very much, Chief.

And now for our final witness, Mr. McNeill.

STATEMENT OF MR. MICHAEL D. MCNEILL, 9TH DISTRICT

VICE PRESIDENT, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), DENVER, COLORADO

Mr. MCNEILL. Thank you, Mr. Chairman, and good morning. My

name is Mike McNeill, and I am the 9th District Vice President of

the International Association of Fire Fighters. And as noted by

Congressman Udall, I represent the States of Colorado, Wyoming,

Utah, Nevada, and Oregon. And indeed, most everything has been

said, and I will keep that in mind and try to keep my remarks

brief.

For 33 years, I have had the honor of being a professional firefighter in Denver, Colorado. And during those years, I also served

as the President of both the local union, Local 858 of the IAFF, and

53

the Colorado Professional Fire Fighters. On behalf of General

President Harold Schaitberger and the 260,000 professional firefighters and emergency medical personnel of the IAFF, who collectively protect over 75 percent of our country’s population, I am

pleased to be here today testifying on H.R. 1118, the SAFER Firefighters Act.

Let me begin by thanking you, Mr. Chairman, for your leadership on this vital issue. Your sponsorship of H.R. 1118 is greatly

appreciated by all of the Nation’s firefighters.

For nearly 100 years, the members of the IAFF have been first

on the scene whenever and wherever people’s lives are in jeopardy.

However, firefighting is only one of our many tasks. As noted by

you, Mr. Chairman, we are the Nation’s primary providers of prehospital emergency medical care. We are the ones who respond

whenever hazardous material is released into the environment. We

search and rescue for people who are trapped or in danger, and

more recently, we have assumed the role of the Nation’s first responders to acts of terrorism.

To meet these critical and growing demands, we need adequate

numbers of firefighters. Firefighting is a labor-intensive operation

that requires sufficient numbers of properly trained and equipped

personnel to perform safely and efficiently at the scene of an emergency. Unfortunately, far too many fire departments fail to deploy

adequate numbers of firefighters to get the job done.

And the current economic downturn has exacerbated this problem. For example, my own fire department in Denver, Colorado has

reduced the number of firefighters on duty, and is considering instituting rolling blackouts where a fire station is closed for a day

on a rotating basis. And the City has told the fire department to

be prepared to lay off an additional 72 firefighters this year. I wish

I could say Denver is unique, but it is not. Fire departments are

reducing staff and closing fire stations from Washington State to

New York State. Nationwide, there is a critical shortage of firefighters, and that shortage represents a weak link in our homeland

defense.

Compounding the staffing shortage is the additional burden we

have assumed of protecting Americans against acts of terrorism.

This creates an unprecedented challenge for the Fire Service. Each

time the alarm rings, we must be prepared for the possibility that

we are responding to an act of war. Our enemies possess weapons

of mass destruction and appear to be unafraid to use them. If a biological, chemical, or radiological attack is unleashed against America, firefighters will be the first to respond. Far too many departments do not have adequate personnel to perform their mission.

And as noted by Congressman Pascrell, currently o of all fire departments are not able to comply with the National Consensus

Standards and OSHA regulations for minimum staffing.

Two-thirds is an outrageous statistic. The frightening fact is we

simply don’t have enough people to get the job done. In a recent

survey, FEMA found that a vast majority of fire departments can

not respond to emergencies in a timely manner. When firefighters

do reach the scene, there are not enough personnel to do the job

safely and effectively. And Senator Dodd noted that only 11 percent

of our nation’s fire departments can handle a structural collapse inVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00057 Fmt 6633 Sfmt 6601 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
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volving rescue and EMS operations for over 50 people. Considering

the enormity and the destruction on September 11 and in Oklahoma City or that caused by Hurricane Andrew, it is both sobering

and sad to know that only a small segment of our population has

real protection from terror or natural disasters.

Firefighter staffing has always been and always will be a local

responsibility, and we are not suggesting that change. But in this

dangerous New World in which we live, the Federal Government

has a responsibility to help communities attain the minimum staffing levels necessary to operate safely in protecting the public. Such

assistance should be targeted, temporary, but it must be provided

quickly and broadly.

On September 11, 2001, we witnessed one of the worst case scenarios. Terrorism experts had warned us that we should have been

better prepared. The string of attacks that we suffered in the

1990’s, including the first attack on the World Trade Center and

the Oklahoma City bombing, should have alerted us to the threat.

Firefighters have painfully learned the lessons of September 11.

We watched and we grieved as 343 of our brothers perished that

day.

We know that in order to protect our homeland against future

terrorist attacks, the Nation must address the staffing cuts in our

fire departments. Federal dollars for equipment and training are

only as effective as the number of firefighters available to do the

job. To maximize that expenditure and to ensure adequate homeland security, more firefighters are needed, and that, Mr. Chairman, is being answered by passing H.R. 1118.

In closing, I have noted that the Senate has passed an amendment to the Defense Authorization Bill for 2004. And the IAFF

strongly encourages this committee to support retaining this provision in the upcoming conference committee.

Mr. Chairman, thank you for the opportunity to testify before

you. And I would be pleased to answer any questions that the Committee may have.

[The prepared statement of Mr. McNeill follows:]

PREPARED STATEMENT OF MICHAEL D. MCNEILL

INTRODUCTION

Good morning, Mr. Chairman. My name is Michael D. McNeill, and I am the 9th

District Vice President for the International Association of Fire Fighters (IAFF).

For 33 years of my life, I had the honor of being a professional firefighter in Denver, Colorado, until I retired from active service in 2000. During my years in the

firehouse, I also served as President of Denver Fire Fighters, IAFF Local 858, President of the Colorado Professional Fire Fighters, and since 1984, IAFF 9th District

Vice President, which encompasses the great states of Oregon, Nevada, Utah, Wyoming, and Colorado.

On behalf of General President Harold Schaitberger, and the 260,000 professional

fire fighters and emergency medical personnel we represent throughout the United

States; and, who according to a recently released FEMA study, collectively provide

fire and emergency response protection to over d of the Nation’s population, I am

pleased to testify on H.R. 1118, the S.A.F.E.R. Firefighters Act.

Let me begin by thanking you for the commitment you’ve made to the U.S. fire

service as demonstrated by your sponsorship of H.R. 1118. Your leadership and unrelenting pursuit in seeking to enact the SAFER legislation is an inspiration to us

all. The Nation’s firefighters thank you and we will not forget all that you do to

ensure that we are safe and effective as we perform our duties in protecting our

communities and the Nation.

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FIRE FIGHTER STAFFING

For nearly 100 years, the members of the IAFF have been the first on the scene

whenever and wherever people’s lives are in jeopardy. Firefighting is only one dimension of our work. We are the Nation’s primary providers of pre-hospital emergency medical care. We are the ones who respond whenever a hazardous chemical

is released into the environment. We search for and rescue people who are trapped

or in danger. And more recently, in addition to all we have been doing, we must

also assume the role of the Nation’s first responders to acts of terrorism.

To meet these crucial and growing demands, we need an adequate number of firefighters. Firefighting always has been and always will be essentially about people.

It is a labor-intensive operation that requires large numbers of properly equipped

and trained personnel to perform the myriad tasks that must be undertaken at an

emergency scene.

Unfortunately, far too many fire departments are currently deploying inadequate

numbers of firefighters to respond safely to emergency situations. And the current

economic downturn has exacerbated this problem. Even after the lessons of September 11th, municipalities are failing to adequately staff fire departments.

Examples of short staffing are common in every part of the country. My own fire

department in Denver, Colorado has laid off firefighters, and has recently instituted

‘‘rolling blackouts’’ where fire stations are closed for a day on a rotating basis. It’s

your tough luck if you happen to need a firefighter on the day that your local station

is closed. And the city has told the fire department to prepare to lay off an additional 72 firefighters this year.

I wish I could say that Denver is unique. Sadly it is not.

• In New York State, both New York City and Buffalo are closing fire stations.

• In Massachusetts, Springfield has already laid off 53 firefighters, and Worcester is honoring the memory of the six firefighters who died in that horrific

warehouse fire three years ago, by laying off 17 firefighters.

• In the Midwest, Minneapolis has laid off 44 firefighters, Dayton has eliminated four engine companies and reduced the number of firefighters per apparatus, and the township of Bellaire, Ohio plans to close the fire department

altogether.

• In Texas, the cities of Dallas and Fort Worth have proposed shutting down

companies. And Fort Worth and Houston have reduced the number of firefighters per apparatus.

• In the west, Phoenix plans to eliminate three engine companies and lay off

42 firefighters and Seattle has proposed eliminating 31 firefighters.

These are just a few examples of a nationwide critical shortage of firefighters that

represents a weak link in our homeland defense.

Compounding the staffing shortage is the new the mission to protect Americans

against terrorist acts, which pose a number of unprecedented challenges for the fire

service. Each time the alarm rings, we must be prepared for the possibility that it

is an act of war. Our enemies possess weapons of mass destruction, and appear

unafraid to use them. If a biological, chemical, or radiological attack is unleashed

against Americans, it will be firefighters who will respond first. Moreover, terrorism

is forcing us to rethink how personnel are deployed. Rather than viewing incidents

as isolated events, we must confront the possibility that each incident is but one

part of a coordinated attack.

Quite simply, far too many local fire departments don’t have adequate personnel

to perform their mission. With the new dangers posed by terrorists, this situation

has reached crisis proportions. Whether it be a containment and evacuation mission

following release of a radiological material in Texas, evacuating a skyscraper in Los

Angeles, or providing emergency medical care to Members of Congress following an

explosion in the Capitol, the frightening fact of life is that we simply do not have

enough people to get the job done.

Staffing Studies

Numerous studies have documented the extent of fire fighter understaffing and

the impact it has on fire fighter safety and community security.

The National Fire Protection Association (NFPA)—the consensus, standard making body of the fire service—recently completed a report entitled ‘‘Preparing for Terrorism: Estimated Costs to U.S. Local Fire Departments.’’ The study found that an

additional 75,000 to 85,000 firefighters are needed to fully staff fire departments to

be able to safely respond to traditional emergencies and to minimally respond to terrorist incidents.

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Initiated at the request of the Council on Foreign Relations, the report identified

two causes for insufficient firefighters. One, fire departments do not have enough

fire stations within their communities to meet minimum response times. Two, many

departments were responding with less firefighters than required by national standards. When NFPA extrapolated the need to fill the two gaps, it found that between

75,000 and 85,000 additional firefighters are necessary.

In its seminal report, ‘‘A Needs Assessment of the U.S. Fire Service,’’ the United

States Fire Administration found that the vast majority of fire departments cannot

respond to emergencies in a timely manner, and when firefighters do reach the

scene of an emergency, there are not enough personnel to do the job safely and effectively. The report found that up to 75 percent of our nation’s fire departments have

too few fire stations to meet response time guidelines. In fire departments that protect communities with a population of less than a million, it is common to respond

to emergencies with an insufficient number of firefighters. Further, the report found

that only 11 percent of our nation’s fire departments could handle structural collapse involving rescue and EMS operations for over 50 people. Considering the enormity of the destruction on September 11th, in Oklahoma City, or caused by Hurricane Andrew, it is a sobering and sad fact that only a small segment of our population has real protection from terrorism or natural disasters.

Attempting to respond to fires or other hazards with inadequate personnel is not

only ineffective, it is extraordinarily dangerous. Every year in our nation, firefighters lose their lives because there are not enough of them on scene to conduct

a safe response.

A study conducted by the Seattle Fire Department found that the severity of firefighter injuries declined 35 percent when staffing per apparatus was increased from

3-person crews to 4-person crews. A study by the Dallas Fire Department found a

direct correlation between staffing levels and both the safety and effectiveness of

emergency response operations. Specifically, the Dallas study found that inadequate

staffing delays or prevents the performance of critical tasks, increases the physiological stress on firefighters, and increases the risk to both civilians and firefighters.

After analyzing their data, the authors of the Dallas study concluded, ‘‘staffing

below a crew size of four can overtax the operating force and lead to higher losses.’’

And studies of firefighter fatalities have consistently identified inadequate staffing

as a key factor in fireground deaths. Since 1997, NIOSH has investigated every firefighter line-of-duty death as part of its Fire Fighter Fatality Investigation and Prevention Program. Far too many of these reports have attributed these deaths to inadequate personnel on the scene.

NIOSH has been especially critical of the failure of fire departments to assure

that there are adequate numbers of people stationed outside a dangerous environment during an interior fire suppression attack. In explaining the need for outside

personnel who are prepared and equipped to perform rescues, one recent NIOSH report explained, ‘‘Many firefighters who die from smoke inhalation, from a flashover,

or from being caught or trapped by fire actually become disoriented first. They are

lost in smoke and their SCBA runs out of air, or they cannot find their way out

through the smoke, become trapped, and then fire or smoke kills them.’’ These tragic

fatalities occur for only one reason: there are insufficient numbers of fire fighters

on the scene.

Staffing Standards

The need for adequate fireground personnel has been formally recognized by

standards-making bodies of both the Federal Government and the fire service industry. Both the Occupational Safety and Health Administration (OSHA) and NFPA,

the consensus standards making body of the fire service, have promulgated standards designed to achieve safe staffing levels.

OSHA’s ‘‘Two-In/Two-Out’’ Standard

In 1998, the Occupational Safety and Health Administration amended its Respirator Standard for firefighters and other employees engaged in dangerous occupations that require use of breathing apparatus. The revised standard formally endorsed a safe staffing rule known as ‘‘2-in/2-out’’ that left no doubt about the vital

link between sufficient staffing and firefighter safety.

The 2-in/2-out regulation requires that whenever firefighters enter a burning

structure or other dangerous environment, they must do so in teams of at least two

that operate in direct visual or voice contact. Additionally, there must be at least

two fully equipped and trained firefighters who remain outside the structure, who

are capable of rescuing the firefighters inside should they become disoriented,

trapped or injured.

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Unfortunately, most fire departments do not currently deploy adequate staffing to

comply with this basic safety regulation. The result is that on-scene incident commanders are faced with the Hobson’s Choice of delaying operations until additional

firefighters arrive or sending firefighters into dangerous environments without sufficient back-up personnel.

NFPA 1710

In the face of the mounting evidence of a severe shortage of firefighters, NFPA

issued its first standard on minimum staffing for fire departments in the summer

of 2001. NFPA Standard 1710, governing deployment and operations for fire and

rescue departments, grew out of investigations into staffing related line-of-duty injuries and deaths.

Ten years in the making, NFPA 1710 established consensus standards for minimum safe staffing levels for basic firefighting operations; for responses to tactical

hazards, high hazard occupancies, and high incident frequencies; and for overall, integrated fireground operations. If fully implemented, this standard would result in

more effective and more efficient fire and EMS departments across the United

States—and in our business that means lives saved.

OSHA’s 2-in/2-out standard and NFPA 1710 clearly articulate the minimum staffing levels that fire departments need in order to perform emergency operations safely and effectively. Yet, as of today, jurisdictions that comply with these standards

are in the minority. It is for this reason that federal assistance is needed and warranted.

The S.A.F.E.R. Fire Fighters Act

To address the staffing crisis facing our nation, a bipartisan group of Members

of Congress crafted the SAFER Fire Fighters Act. In recent years, the Federal Government has increasingly recognized its responsibility to assist local governments

with the cost of protecting Americans against hazards. Both the FIRE Act and the

programs run by the Office of Domestic Preparedness (ODP) have provided training

and equipment to local fire departments. Other federal programs provide funding

for emergency response training involving transportation incidents, superfund sites

and nuclear facilities.

None of these programs, however, currently provides any federal assistance for

the most significant need of America’s fire service: firefighting personnel. Even the

FIRE Act, which was originally conceived of as a staffing proposal and lists staffing

as the first of its 14 areas, cannot currently be used to hire firefighters due to the

structure of the program and FEMA’s decision to limit the purposes for which

grants can be used.

The SAFER Act would address this void by providing grants to local fire departments to fund the hiring of 75,000 additional firefighters over a seven-year period.

SAFER would create a four year program under which fire departments would

apply for federal grants that would contribute to the costs associated with hiring

new firefighters, not to exceed $100,000 over four years for each firefighter hired.

Local jurisdictions would then be required to retain the firefighter position(s) for at

least one additional year.

The SAFER Firefighters Act is an innovative approach to solving the Nation’s

need for more firefighters. It is an example of the new type of federalism that our

country needs to combat terrorism. Numerous federal studies and reports bemoan

the lack of coordination between the different levels of government. The SAFER Fire

Fighters Act would be a step towards better cooperation and coordination amongst

local, State, and Federal governments to respond strongly and decisively to terrorism and other emergencies.

Although we are aware of no organized opposition to the SAFER Act, some Members of Congress have raised some legitimate questions, which I would like to address.

Some argue that paying for firefighter training and equipment may be a legitimate Federal Government function, but providing aid to hire personnel crosses some

sort of boundary for appropriate federal involvement. But the Federal Government

has long provided financial assistance to local government for the express purpose

of hiring municipal employees, including police officers, teachers and many other occupations. President Bush’s signature domestic issue, the No Child Left Behind Act,

is only the most recent in a long line of federal programs that provide funding to

hire local government workers.

Other Members question the authorized funding level. They argue that $1 billion

a year is too much money at a time of fiscal restraint. We disagree. Since September

2001, Congress has passed in excess of $55 billion in supplemental appropriations

for homeland security and the war on terrorism. Additionally, the President has proVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00061 Fmt 6633 Sfmt 6621 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
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posed over $36 billion for homeland security in FY 2004, which includes the $3.5

billion First Responder proposal. The funding is available. It is simply a matter of

priorities.

As a firefighter, a first responder, and someone who represents America’s Bravest,

I am here today to tell you that no investment in Homeland Security will do as

much to protect Americans as enactment of the SAFER Fire Fighters Act.

CONCLUSION

On September 11th, 2001, we witnessed one of the ‘‘worst case scenarios’’ that terrorism experts have warned us about. Yet, the string of attacks that we suffered

in the ‘90s, including the first attack on the World Trade Center, and the Oklahoma

City and the Olympics bombings, should have alerted us to the threat. We, as a nation, should have been better prepared for September 11th.

Firefighters have learned the lessons of September 11th. The signs won’t be ignored as they were in the last decade. We know that the Nation must confront, and

realistically deal with, the next great threat to our homeland-an attack using weapons of mass destruction. In order to realistically deal with future terrorist attacks,

the Nation must address the staffing crisis in our fire departments. Federal dollars

spent to purchase training and equipment for firefighters will only go as far as the

number of firefighters. To fully maximize the money spent and to ensure adequate

homeland security, more firefighters need to be hired.

Mr. Chairman, thank you for the opportunity to testify and I am pleased to answer any questions the Committee may have.

BIOGRAPHY FOR MICHAEL D. MCNEILL

Mr. Michael D. McNeill served over 30 years with the Denver Fire Department.

As a firefighter Technician, for close to a quarter century, he was on the frontlines

protecting the citizens of Denver from fires, medical emergencies, and natural disasters. In recognition of his firsthand knowledge of firefighting and his superior communications skills, Mike McNeill was appointed the department’s public information

officer. He retired from the force in 2000.

During Mr. McNeill’s years in the firehouse, he also served as the President of

the Denver Fire Fighters, IAFF Local 858, the President of the Colorado Professional Fire Fighters, and since 1984, IAFF 9th District Vice President, which encompasses the states of Oregon, Nevada, Utah, Wyoming, and Colorado.

Michael is a lifetime resident of Denver, Colorado. He is married to Cynthia, his

wife of 35 years, and they have three children Matthew, Amy, Beth and five grandchildren.

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60

DISCUSSION

Chairman BOEHLERT. Thank you very much. And I want to

thank all of you. Your entire statements will be in the record immediately preceding your summation.

And this is a question I have for all of the witnesses. You know,

there are differences in points of view on funding. I am wedded to

the concept that we should bypass the States and the funding

should go directly to departments. But there is a different point of

view. And I would like to have your input on that. Let us start

with you, Mr. Shannon.

Mr. SHANNON. Well, I can—Mr. Chairman, I certainly agree with

you. I think that if we can bypass the States and go directly to the

fire departments, as the points have been made earlier. First, it

will get to them more quickly, and secondly, there will be less administrative overhead siphoned off. So we fully support going directly to the departments.

Chairman BOEHLERT. Chief Quill.

Mr. QUILL. I have to agree with everyone so far. They should go

directly to the departments. The departments know what they need

and how they can best equip their departments with the personnel

versus the State. The State is of great assistance, but at this time,

I don’t believe they belong in the mix.

Chairman BOEHLERT. Okay. Chief Cash.

Mr. CASH. Well, Mr. Chairman, I agree as well. I had the opportunity to sit as a peer reviewer for the Fire Grants Act and see that

that is very—a very successful program, and we would like to see

this funding travel the same route, directly to the local fire departments.

Chairman BOEHLERT. Thank you. Mr. McNeill.

Mr. MCNEILL. I agree with the previous speakers, Mr. Chairman.

The FIRE Act Grant is working well. I think it serves as a great

model for distribution of funds under the SAFER Act.

Chairman BOEHLERT. Thank you very much. And Chief Cash,

you pointed out something about the peer review. I am convinced

that one of the reasons why we have had such great success with

the FIRE Grant Program is that, quite frankly, the politicians, like

me, are in the back. All we do is vote for the money, but the firefighters themselves establish the criteria and are on the peer review panels. And boy, we have got the politics out of it, and we

have got the professionals, you guys, on the firing line doing the

peer review. And that is something I really like.

Chief Quill, I—a lot of the local departments have difficulty filing

applications for federal assistance. I know, and a number of us

around the country, have tried to provide some assistance. I, for

one, in my District, have had FEMA conferences to which I have

invited all of the representatives of the fire services to help get a

tutorial on how to fill out the application to know which number

to call when you need a question answered, that type of thing. Do

you feel that your department is capable, a small department in a

small community, of developing an application for assistance under

the FIRE Grant Program or the new SAFER Program, which we

expect will be a reality shortly?

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Mr. QUILL. I have completed the application myself this year for

the Auburn Fire Department. After your sponsorship of a FEMA

representative being in Auburn earlier this year, it really couldn’t

be any simpler. I am not a computer—I am not very computersavvy. I can get through one and I can work with the answering

machine, but they are extremely easy to complete, just basically fill

in the blanks, not a lot of technical knowledge or—a firefighter can

do it very easily.

Chairman BOEHLERT. So you felt with the FIRE Grant Program

that you had the information you needed to comply with the application procedure?

Mr. QUILL. Absolutely. No problems whatsoever.

Chairman BOEHLERT. And would you suggest that we—if the

SAFER Program becomes a reality, as we all hope, would you suggest we follow the same model?

Mr. QUILL. The same model, the same formats for application

and for dispersal of the funds, the peer committee, as my fellow

Chief said here, the—just follow them completely. It would be perfect.

Chairman BOEHLERT. Thank you. Chief Cash, your observations?

Mr. CASH. I agree, as well. The peer review process works. We

have proven that it works. It is a very successful program, and we

would like to see this funding, if possible, track this same route.

Chairman BOEHLERT. One last thing, and let me ask both of the

Chiefs, have you been impacted by the loss of professional—of staff

to the military? Chief Quill.

Mr. QUILL. Shortly after 9/11, we did have one member of our department called up to Naval Reserve duty, and it had a definite impact on our department. With his absence, we had to back-fill

through overtime, canceling of certain time off, to fill this person’s

shoes. This last round we had, we had just hired an Army Reservist to come on board with the department. We were able to get a

waiver for this individual not to go to active duty training until

after his training with the Fire Service was complete. So it has

hurt many, many fire departments throughout the country.

Chairman BOEHLERT. Thank you. Chief Cash.

Mr. CASH. We experienced the same problems as Chief Quill, not

only in the Fire Service, but in our police agencies as well as our

paramedic service. Several people serving in the National Guard

were called up, and we were without those individuals during that

time period.

Chairman BOEHLERT. Well, I see my red light is on, and I am

going to be arbitrary on that. I am not going to give myself any

more time than anyone else, because we all have a lot of questions,

and we so appreciate all of you serving as resources. So we will go

right to Mr. Hall.

Mr. HALL. Mr. Chairman, thank you. And thank you, gentlemen.

It is my understanding that the Dodd Amendment puts allocation through the States and the Boehlert Amendment goes directly

to the departments. And I guess that is something that will be decided later. I am still—have a—my jury is out on that, because I

don’t have the input from my people in Texas on it. And I can see

some danger in it going to—directly to the fire departments, because many of you in the larger and the major cities will have more

62

sophistication in writing those applications and there will be less

sophistication in a rural part of east Texas, less need, I understand. But I think we need a lot of testimony and a lot of input

to be sure that anything that is this important, and this is a very,

very important bill to me and to the Chairman and to this committee and to this Congress, is to do it right and to be sure that

everybody is taken care of. So I am—I remain an overall supporter

of the thrust, but still need to hear some testimony and find some

way to get to the people that I represent the best way for them to

present their needs in this thrust. And Mr. President, I know you

have interest in seeing all of them accommodated.

Mr. Cash, you indicate that the new firefighters hired under the

SAFER bill would be guaranteed the right to serve as volunteers

in their off-duty hours in volunteer departments. And I like that.

I don’t know what the problems are with it or anything, but—and

I don’t understand why this is a problem that needs to be addressed in this legislation, but I guess it is. And in an abundance

of caution, we are going to address it, but it seems to make so

much sense that it ought to be easily accepted and accomplished.

Give me your ideas on that.

Mr. CASH. Thank you, sir. I have several firefighters that do fillin work for me that are employees of the Charlotte Fire Department, one of the larger metro fire departments. And in some occasions, there are unions across the country that are encouraging

their people not to serve as volunteers. We feel that that is a grave

injustice. We feel that these firefighters that work at the larger

municipal departments and live in our community, it is critical

that they come back and volunteer their time to our community.

Mr. HALL. And you recommend in your testimony that the

SAFER bill include a recruitment and retention component for

these volunteer people.

Mr. CASH. Yes, sir; that is correct.

Mr. HALL. And has anyone attempted to document what really

works best and that—how to obtain and retain?

Mr. CASH. We have done—there are studies out there, and we

have tried different trial programs in our State. Some have worked,

and some have been unsuccessful. But there are workable programs. Firefighters usually experience a burnout period after about

four years. With the demands of their job, their family, their

church, other activities, they are finding a hard time to be able to

donate their time back to their community. So we need——

Mr. HALL. Well, that——

Mr. CASH. We need to strengthen efforts to do recruitment and

retention.

Mr. HALL. They occupy a special place in the hearts of the people

that—the areas of my District, and I thank all four of you for your

input. Thank you for your appearance here today. It took time to

get here, it took time to prepare for this, it took time to—that you

are giving us. It is through people like you, experts that know what

you are doing and who have been on the giving end, that we write

this legislation and that we pass this legislation to make it acceptable to the people that have to support it and support the tax funds

for it. Very worthwhile. I am honored to be a part and honored to

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support this Chairman and his outstanding leadership in this

arena. And thank you.

Chairman BOEHLERT. Thank you very much, Mr. Hall.

Dr. Ehlers.

Mr. EHLERS. Thank you, Mr. Chairman.

I am obviously very supportive of improving Fire Service in this

country and everything that is related to that. But I have one simple question I would like to have each of you address, and that is

why should the Federal Government be involved? What can we

offer that you can’t do yourself? And I hope you don’t say that it

is because we have more money, because we are running a $300

billion deficit. So the—and I am very serious about this. Why do

you need our help? What can we bring to the table that you can’t

do on your own, if you were able to raise sufficient funds locally?

I would like to just go down the line.

Mr. SHANNON. Mr. Ehlers, I think that is a very valid question.

And the point has been made, and I certainly agree with it that

the primary responsibility for support for the Fire Service should

come from the local communities and from the State. But I would

also say that—and I think our Needs Assessment Report points to

the fact that the first responder community in America today is

being asked to respond to threats that we have never experienced

before, threats that are really national threats. And I will remind

you that on September 11, 2001, I know you remember, that one

of the first attacks on America by the terrorists in 2001, the results

were felt in the town of Shanksville, Pennsylvania, which is a

small community with a volunteer fire department. And so we have

to ensure, as a matter of national imperative, that our first responder community is prepared to respond to these eventualities

wherever they might occur. And the fact of the matter is, today

that won’t happen if we rely specifically on the local communities

and the States to do this.

So I think this is an urgent national matter. I think we are at

a unique time in history, and that—I think that justifies maximum

federal support for the ongoing efforts of state and local communities.

Mr. QUILL. For many years, the Fire Service was able to handle

anything that was thrown at them. We were somewhat kept in our

community. We could handle our structure fires, our motor vehicle

accidents. Our community—our world is changing daily: it is enlarging. We have weapons of mass destruction. We have toxic

chemicals traveling our throughways, our roads, our railroad systems. The fire departments of today no longer can handle just their

community. They are called upon to help other communities. The

city that I come from, we are 25 miles west of Syracuse and 45

miles east of Rochester, two larger cities in upstate New York.

They were not saying that we would be called immediately to a

hazardous condition in either one of these cities, but we have to be

prepared if we were. Ithaca is just south of us.

Our cities no longer can handle not only their hazardous conditions or emergencies; they are called upon to help each other out.

And I—that is why I feel the Federal Government should become

involved. It is a national problem. It is not just tied to our cities.

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Mr. CASH. I would very—I am going to give you a little bit of information, which is jurisdiction-specific for my area. I am a small

community of 5,800. The township would be about 1,400. Since

1995, my little community has lost 3,900 jobs, which accounts for

$86 million in payroll losses. As you can see from that statistic

alone, our little jurisdiction is losing from its tax base daily. And

with the onslaught of weapons of mass destruction, hazardous material, and terrorism, my little jurisdiction just simply does not

have the funds to fund those type of operations, yet we will be the

first ones to respond to those incidents.

Mr. MCNEILL. Yes, sir, Congressman Ehlers, as I mentioned, in

my remarks, firefighting and firefighter staffing has always been a

local issue, and I believe it always will be. But the Federal Government has a role in protecting our communities. The burden for—

of preparing for terrorist attacks is extraordinary, and it is resting

squarely on the shoulders of local government. The attacks that we

experienced in September of 2001 were attacks against New York

City and the Pentagon, but they were more attacks against the

Federal Government. They were attacks against the Government of

the United States of America. And I think that the Government of

the United States of America, the Federal Government, does have

some responsibility to help alleviate that burden that is being

placed on local governments now. And it is an extraordinary burden, just the preparation, the additional training. And we are running short. The economic downturn is hurting us now, but even

without that, many fire departments just don’t have the staff to

handle the potential of the terrorist attacks that we face. This is

not without precedent.

Obviously, it—we have mentioned the COPS Program. But I

think—when I was a young firefighter in the City of Denver, the

CETA Program, the Comprehensive Employment and Training Act

was in progress. That helped hire some firefighters in my city and

I know other cities around the country. And some of those people

went on to experience great careers in Fire Service and were a

great value to their department.

Mr. EHLERS. Two quick comments. First of all, I recognize that

if we get into this business, the greatest danger is that it will become the world’s greatest pork barrel. And not all of you who really

deserve to get it are going to get the money, because there are

going to be people with more political clout who bring it to their

States. Secondly, if you—basing your justification on fighting terrorism, will you be satisfied 10 years from now when we declare

terrorism no longer a threat and the Federal Government withdraws, or do you think the Federal Government will withdraw at

that point?

My time is expired, so you——

Chairman BOEHLERT. It is expired, and you are getting into the

‘‘Never-Never-Wishful-Thinking Land’’. I mean——

Mr. EHLERS. Well, I——

Chairman BOEHLERT [continuing]. Terrorism is here forevermore.

Mr. EHLERS. It is something we have to face, Mr. Chairman——

Chairman BOEHLERT. Yeah.

Mr. EHLERS [continuing]. And I am not asking for answers, because my time is expired, but——

65

Chairman BOEHLERT. Well, just a couple of observations, and I

feel compelled to inject a few right now. First of all, I want to

stress that what we are proposing under the SAFER Act will not

supplant but will supplement what local governments are doing.

And secondly, as Chief Quill pointed out so well, the world has

changed rather dramatically. I am convinced that Chief Quill and

his people in Auburn, New York can take care of Auburn’s problems very ably in a professional way as they have been doing year

after year. But it is a changed world, with hazardous materials

coming and going, with the threat of terrorism and all of that sort

of thing. And so—and Chief points out, they are strategically located between Rochester and Syracuse and Ithaca, so a lot of

things that potentially are on a drawing board for Auburn to deal

with have nothing to do with Auburn, New York, but Auburn, New

York has a lot to do with them.

And let me stress to you that one of the reasons I wanted to get

the witnesses on record is that we intend to have the SAFER Program run like the FIRE Grant Program, which has avoided the

‘‘pork barrel’’ label, which has avoided the temptation to have some

political muscle flexed and have the dollars flow in the direction of

the holder of the political muscle. This is a program of, by, and for

the firefighters. And we are going to continue it that way. But

thank you very much for your observations, Dr. Ehlers.

Mr. Miller.

Mr. MILLER. Thank you, Mr. Chairman. A couple of quick questions for Mr. McNeill.

Mr. McNeill, you mentioned—or you said in your testimony that

343 firefighters had died in the collapse of the World Trade Center.

I understand that about 60 of those were off-duty, who saw what

was going on, and simply went to the World Trade Center to see

if they could help. Is that correct?

Mr. MCNEILL. That is my understanding as well.

Mr. MILLER. Is there any doubt in your mind that anywhere in

the United States, either professional or volunteer firefighters

would have reacted the same way?

Mr. MCNEILL. There is no doubt in my mind, sir.

Mr. MILLER. I understand that in a lot of parts of the United

States, specifically New York City, with the heightened terror

alerts, many firefighters have had to put in very long hours, many,

many hours of overtime, 60, 70, 80 hours a week. Is that right?

Mr. MCNEILL. I don’t have firsthand knowledge of that, but I

wouldn’t be surprised if that were the case. It is my understanding

that that happened.

Mr. MILLER. Okay. One prominent Senate Member suggested

that firefighters, as an act of patriotism, should forego overtime

pay and there was—the extended hours they are putting. First of

all, do you think firefighters need to do anything to prove their patriotism?

Mr. MCNEILL. No, sir; I do not.

Mr. MILLER. What is your opinion of that suggestion?

Mr. MCNEILL. Of working back to your employer on a voluntary

basis?

Mr. MILLER. Without overtime. Foregoing overtime.

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Mr. MCNEILL. My opinion of that, sir, it is in violation of the federal law.

Mr. MILLER. Okay. Beyond a legal response to it, do you have

any sense whether that is something that firefighters really need

to do to prove their patriotism?

Mr. MCNEILL. No, sir; I do not.

Mr. MILLER. Okay. Mr. Cash, I think the testimony here today

has been that a lot of the growth of fire departments has been in—

has been professionals, rather than volunteers. Do you see North

Carolina’s fire departments moving more toward mixed fire departments?

Mr. CASH. Yes, I do. That is a trend in North Carolina’s role as

well as across the Nation. For example, a lot of departments in my

county are now beginning to hire one daytime firefighter to be responsible for administration, taking care of the apparatus, and

doing report routings, plus to help respond that piece of equipment

to the scene and be assured that that piece of equipment arrives

on the scene quickly and efficiently.

Mr. MILLER. Okay. How does this legislation effect that transition to mixed departments?

Mr. CASH. We think it would enhance and augment this program, especially if it is run through, like the Chairman has mentioned on several occasions, through the same type of procedure as

the FIRE Act, which would assure some equality across the Nation

from volunteers to career departments.

Mr. MILLER. Okay. And just one more question, Mr. Cash. The

60 New York firefighters who were off-duty and went to the fire—

to the World Trade Center when they saw what was happening

and simply went to help, do you have any doubt that firefighters,

professional or volunteer, would have responded the same way anywhere in the United States?

Mr. CASH. It is our calling, Congressman. And we are going to

go wherever help is needed.

Mr. MILLER. Thank you, Mr. Chairman.

Chairman BOEHLERT. Thank you very much. Distinguished Vice

Chairman of the Full Committee, Mr. Gutknecht.

Mr. GUTKNECHT. Mr. Chairman, all of the questions that I was

going to ask have already been asked, so I will yield my time to

someone else.

Chairman BOEHLERT. Well, next in line is Mr. Bonner.

Mr. BONNER. Thank you, Mr. Chairman. I would just like to ask

Chief Cash a question, since he is from the South, and he is from

a town that is similar to some of the communities that I represent

in South Alabama.

SAFER would provide funds to hire additional career firefighters,

which are badly needed in my District in a town like Mobile, which

is the largest metropolitan center. But in some of the smaller communities, such as the one that you come from, do you believe this

legislation would provide additional assistance to the rural volunteer communities, and if so, what would this legislation do, in your

view, to retain volunteer firefighters once they were recruited?

Mr. CASH. We think it is critical that the legislation include the

package or the conditions about recruitment and retention. That is

a problem all across America, not only in North Carolina, but I am

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sure it is in Alabama. And the bill, if tracked similar to the FIRE

Act that the Chairman has referred to and as I have referred to

a couple times, if it would follow that process, we feel like it would

be equitable across the board. And it would benefit the smaller

rural fire departments in Alabama as well.

Mr. BONNER. Thank you. Thank you, Mr. Chairman.

Chairman BOEHLERT. Anything else?

Mr. Davis.

Mr. DAVIS. I, too, agree most of the questions that need to be

asked have probably already been asked, but I want to compliment

those who are full-time as well as volunteer firefighters in our

State. I live in Tennessee, and I live in a small community. And

my fire department is about eight miles from my home. It is a volunteer fire department with no paid professionals. And most of the

14 fire departments in my county are volunteer fire departments.

I served once as Mayor of a small town called Byrdstown. It is the

smallest county in Tennessee. We had a couple of fires downtown,

and the volunteer fire department, no paid professionals at that

City Hall at that time in the late ’70’s. We, as a result of those

fires, devastating fires to a restaurant and some of the business

people there in town, actually started training young individuals,

who became part of a youth fire department. One of those individuals, at the age of 18, was driving a truck one night that—a tanker

that overturned and lost his life. So the volunteers in our organizations across this Nation, and certainly in the small rural areas that

I represent, play a major part in fire protection. And do you feel

that the dollars—the funding that is being provided provides adequate training to where—that our volunteer fire departments, as

well as professional fire departments, will receive adequate training and this funding will help with that? Mr. Cash.

Mr. CASH. I am sorry. Yes, we feel like it would. But the FIRE

Act Grant, which you passed several years ago, which is now in

place, provided for training for fire departments to be able to apply

for that grant money and utilize those monies for training functions.

Mr. DAVIS. Thank you, Mr. Chairman. I yield back the rest of my

time.

Mr. SMITH OF MICHIGAN [presiding]. Mr. Udall.

Mr. UDALL. Thank you, Mr. Chairman. I want to also extend my

thanks to the Panel and—for your testimony today. It has been

very helpful to all of us on the Committee. I wanted to also particularly thank Mike for making the long trip out from Denver.

And I want to start with, Mike, you. You mentioned in your testimony the reductions in Denver, per se. And I was curious if you

are seeing similar kinds of reductions around the Colorado area

and the other areas that you oversee in your—with your responsibilities.

Mr. MCNEILL. There are similar reductions, Congressman. I

think, at this point, most of them, if not all of them, are caused

by the economic downturn. We have seen reductions of staff over

the last year in Portland, Oregon, Gresham, Oregon. We have seen

it—we see it coming in Boulder, Colorado in your District, which

is a—they are going to lose 75—or 25 percent of their firefighters

up there at the end of the month if something isn’t done. So it is

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not—excuse me, it is not something that is confined to my department. It is, indeed, a nationwide problem.

Mr. UDALL. On the heels of your response, if I could throw a

question out to the entire Panel and ask each one of you to comment briefly. As we have heard today, some people object to the

idea of federal help to the States and cities, because they view the

States’ current budget problems as being caused by overspending

in the past. Do you think that the staffing cuts that you have all

described today were caused by bad decisions in the past or do you

see other reasons at work here?

Mr. MCNEILL. I see other things at work here. Maybe the decisions could have been better in the past, but I think, by and large,

the people that have been elected to run the cities and towns and

the fire districts in this country are doing the best job they can.

They have to spread a finite number of dollars across a number of

services. To prioritize one service before or ahead of another, to

prioritize public safety in front of social services is a tough thing

for some people to do, but that is what is happening right now.

Mr. UDALL. Um-hum.

Mr. MCNEILL. That is—and that is part of the problem. I think

the problem in Boulder, Colorado was caused by a reluctancy of the

electorate there to re-up on a sales tax.

Mr. UDALL. Right.

Mr. MCNEILL. And they decided not to do that. So there was 25

percent of their budget gone. So they are going to lose 25 percent

of their force. Tough decisions have been made, and they will have

to be made. But I don’t think the decisions in the past have been

poor.

Mr. UDALL. Um-hum.

Mr. MCNEILL. I don’t think they have been ill informed. I think

they have been made with the best interest of the people of the

community at heart.

Mr. UDALL. So you would place a lot of the reason for this situation on the downturn in sales tax revenues and just the economy

that is languishing right now?

Mr. MCNEILL. That and the fact that there is an additional burden placed on the Fire Service because of the terrorist alerts.

Mr. UDALL. Exactly. The vector is going two different directions. Yeah, as you mentioned, Mike, in your testimony, $1 billion a year,

although a very significant amount of money in the overall context

of the request for homeland security, and given the front line responsibility of the firefighting community, it would make—it is a—

not a minimal amount. But it is an amount that would seem to be

able to be fit into those budget allocations.

Mr. MCNEILL. We would certainly hope for at least that, and in

the future, maybe more——

Mr. UDALL. Yeah.

Mr. MCNEILL [continuing]. Depending on how things progress in

the future.

Mr. UDALL. Yeah.

Mr. MCNEILL. But given the overall importance and the impact

that the funds would have on the security of the communities in

the United States, I don’t think that is—you know, I think that is

a good starting point. I don’t think that is——

69

Mr. UDALL. Yeah.

Mr. MCNEILL [continuing]. An ending point.

Mr. UDALL. Would anybody else in the Panel like to respond to

that question? Chief.

Mr. CASH. I would like to make a statement concerning that, and

I agree with Mr. McNeill. Mostly in my community, the emphasis

would be on the downturn in the economy as well as the job loss

and the shrinking tax base.

Mr. UDALL. Um-hum. Chief Quill.

Mr. QUILL. I would have to agree with both other gentlemen. The

economic downturn, hindsight is 20/20 looking back at some decisions that were made. If we had a second chance, I think other decisions would be made. There is just so much—there is so much

money in the pot, and it has to go many different directions, so I

would have to agree with them.

Mr. UDALL. Congressman, Attorney General, what else? Mr.

President.

Mr. SHANNON. I really think the principle problem that this legislation is seeking to attack is the increased demand that has been

put on the fire departments. I can’t tell you how many times since

September 11, 2001 I have been with Fire Service personnel from

around the country, big communities and small, career and volunteer fire departments, where their beepers go off and they are

being called to deal with some planning effort for homeland security. And they are putting an enormous amount of time and effort

and resource into this. I mean, there is an economic downturn, but

even without the economic downturn, we have got to face the fact

that we are asking these fire departments to do a lot more than

they have ever had to do before. And not only are we asking them

to do it, we are saying it is an urgent national priority——

Mr. UDALL. Yeah.

Mr. SHANNON [continuing]. To do it. And that is what this legislation is all about: giving them at least some of the resources necessary to do the job we have told them the country needs them to

do.

Mr. UDALL. Thank you for your testimony. Thank you, Mr.

Chairman.

Chairman BOEHLERT. Mr. Smith.

Mr. SMITH OF MICHIGAN. Thank you, Mr. Chairman.

Mr. Cash, in your testimony, you indicated that SAFER might be

improved by doing something for volunteers. Help me explore some

of the greatest needs for volunteers in terms of retention. For the

start of all, what would—give me your opinion on what is the

greater problem right now: getting volunteers in or retaining them?

Mr. CASH. Congressman, I think it is both. We have a problem

with recruitment, and I think an answer to that would be at the

State level and especially at the National level, a recruiting promotional type of event to take place. Monies be set aside to do a

National or State level recruiting program. And on the retention

side, we have offered several suggestions such as educational reimbursements for firefighters, special housing programs for firefighters, tax breaks for firefighters. There are all kinds of concepts

and ideas that we have kicked around.

70

Mr. SMITH OF MICHIGAN. Now in terms of recruitment, what

would be some of the major things? And I guess I don’t even know

whether it is somewhat universal with volunteer fire departments

and combination departments that volunteers don’t get—sometimes

don’t get reimbursed for lost wages or sometimes, in our area, in

Michigan, they take vacation time to go to training. Is that somewhat universal or——

Mr. CASH. It is in my State, and in the Southeast United States.

The firefighters are faced with—unable to leave their work, and

maybe some type of program that would allow employers to be reimbursed when those firefighting employees are away from their

normal job doing training for the local volunteer fire department.

Mr. SMITH OF MICHIGAN. And so do—does that mean that you

would suggest that we include that kind of an option in with the

funding that we might offer for volunteers as the Defense Authorization Bill goes through that they might have some allowance to

use some of that money for reimbursements while they are going

to training, or you suggested education in your testimony, education credits, and I—my impression was that was for higher education?

Mr. CASH. That is correct.

Mr. SMITH OF MICHIGAN. What are some of the other thoughts

of any of the Panel that we might have to entice volunteers? And

of course, nationally, we put more and more requirements on those

volunteers and more and more training requirements to the point

where in the recruitment effort, if some of those are modified in

some ways so that there is not so much individual sacrifice on families. So Mr. Shannon, maybe go down the line. How do we

strengthen the effort for volunteers while we are strengthening the

employment for full-time?

Mr. SHANNON. I think I would yield to what the Chief has had

to say. I mean, we feel very, very strongly that this recruitment

issue has to be addressed, both among career and volunteer fire departments. And I think this bill goes a long way toward doing that.

I think that the—you know, it is primarily, at this point, a question

of the necessary—you know, the necessary resources. And if we can

make those resources available and make sure the people are adequately trained and that they are going to be able to do the job in

a safe fashion, I think that the volunteer spirit in this country is

such that we will have adequate numbers in our volunteer fire

ranks.

Mr. SMITH OF MICHIGAN. Mr. Quill, any thoughts?

Mr. QUILL. Really no thoughts. I am not an expert in the volunteer Fire Service other than they do a terrific job, and we are very

proud of them. Chief Cash is a—and Mr. Shannon have both answered the question. I feel—I would have to tend to agree with

them.

Mr. SMITH OF MICHIGAN. Mr. McNeill.

Mr. MCNEILL. I don’t think I have much to add to what has already been said. I know that finding inherently qualified people to

serve in the Nation’s Fire Service is a difficult job in the career

service on that side of it. I know it must be very difficult on the

volunteer side. I applaud what the volunteer service does, and I

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think that Chief Cash is on the money there as far as what should

be done and what can be done.

Mr. SMITH OF MICHIGAN. I mean, just such a huge—if we lose

our volunteers—we are looking at 80 percent of our firefighters

now being volunteers. If we lose those volunteers, a tremendous

cost to local governments if they can no longer have volunteers to

help cover their fire stations. So somehow, we have got to deal with

it. And of course, in some—many communities across America, instead of that hometown where you have got the cobbler and the

barber shop and local stores, now people are working outside of

those communities. So it is more and more difficult to get somebody

right in town that is close to the station to hop on and go fight a

fire. So as—we will explore these challenges, but I hope you all

agree that, along with SAFER, we need to encourage the volunteer

effort.

Thank you, Mr. Chairman.

Chairman BOEHLERT. Sheila Jackson Lee, please.

Ms. JACKSON LEE. Thank you very much, Mr. Chairman, and

thank you for holding this hearing. None of us in this room have

ever doubted the importance of fire personnel in our respective

communities. But not wishing to be redundant, but let me say that

certainly 9/11 has heightened our ability to pronounce the question

or be able to say ‘‘thank you’’ and to be able to say how important

first responders have always been in our community.

I recall right after 9/11, I went home to my community and held

a meeting, particularly with firefighters from around the county.

And they were at a heightened alert, because at that time, everyone was calling on them. Shortly after 9/11, of course, came the anthrax scare. And in my community in Houston, they must have had

about 100 calls. Thank goodness, probably not one was that particular element: baby powder and other type substances. But it did

not diminish the responsibility of firefighters to go out to the scene

to calm the individuals, to, if you will, cordon off the scene and to

provide the insight and the direction that was necessary.

I think this legislation is very important, and I have a number

of questions and concerns, and I look forward, as a supporter of

this legislation, to seeing it move, if you will, as quickly as it possibly can. But I—Mr. Shannon, I would be interested in hearing

what your thoughts are on the modification that is now in the

amendment that the Senator has offered where the monies go directly, as I understand it. I am not sure if there has been a consensus to offer an additional amendment, but it goes directly to

State and local governments and not to the agency that we had

original drafted it.

I would also be interested, if you would, tell me about the importance of overtime, also, in stretching, if you will, overworked firefighters. I know their time frame is certain days on and certain

days off, but what is happening with overtime in our communities

in terms of extending the time that firefighters are serving?

Mr. SHANNON. I don’t have any data on overtime use, Ms. Lee.

Sometimes, of course, in the fire services, we know, and I think

New York, after September 11, was a very good example of that,

overtime in the Fire Service is inevitable. And——

Ms. JACKSON LEE. And very important?

72

Mr. SHANNON. I think——

Ms. JACKSON LEE. Compensated overtime?

Mr. SHANNON. I think that it is extremely important. And I think

it is extremely important that we treat all of our firefighters well.

I think that one of the issues that has to do with overtime is the

fact that so many fire departments have had to be short-staffed

now. That is going to increase overtime costs and put more firefighters’ lives at risk, and that is one of the problems that this legislation seeks to address.

The Chairman asked earlier on the question of the mechanism

by which the funding gets to the fire departments. First of all, I

want to say that I think it is vital that it—that the money start

to flow. However this legislation can be resolved in conference, I

think it is vital that this money begin to flow. And I expressed my

position earlier that the more direct route to the fire departments

is the better route. And I think that the FIRE Grant Program has

proven to be very successful in that regard. And so I would say

that direct funding to the fire departments is probably the best way

to ensure that the help is going to get where we need it as quickly

as we need it.

Ms. JACKSON LEE. That is very interesting. That is insightful to

those of us who are looking at the legislation. Let me pose two

questions, and then if all of you would take a stab. I think one of

them is directly toward Mr. Quill. And let me say that I am a big

supporter. I come from a large city, fourth largest city in the Nation, and we do have fire staffing issues that I would like to see

remedied by this particular funding. And I understand that this includes rural and urban centers, which is very important, and also

helps volunteer operations as well. My interest is that, we understand, from Mr. Shannon’s testimony, that 233,000 firefighters, 21

percent of the total, lack formal training in structural firefighting.

More than 10,000 fire pump trucks in service are more than 30

years old. And 57,000 firefighters have no personal protective clothing. With respect to Mr. Quill, we understand that you had, in the

’70’s, as you have indicated, ’96 you are down to 17, that your personal costs have cost 92 percent. I want to be sure that we help

those who will have to have a matching amount. If you can share

with me how you believe that you will be able to meet the matching.

And then with respect to my other questions, from Mr. Shannon’s

testimony, others may want to answer it, are we doing the right

thing when we need formal training? Are we getting these additional firefighters? What are we doing to improve safety on the

other aspects with the old trucks, not enough training, etcetera?

How are we balancing those needs?

Mr. QUILL. Could I ask you for your question again?

Ms. JACKSON LEE. Yeah, Mr. Quill. You can just go to the one

about the smaller entities trying to be able to have their matching

monies.

Mr. QUILL. That would have to—when the individual municipalities apply for this grant, they will have to be sure that they are

capable, ready, willing, and able to meet the matching funds, so

that they can comply with it. If the City of Auburn were to apply

for these funds, it would most certainly have to talk with the City

73

Government to be sure that they are going to meet the matching

funds. If we can’t do that, there is no use going through all the paperwork and possibly holding off someone else’s grant—be receiving

the funding. And I am not sure I am asking you—answering your

question.

Chairman BOEHLERT. Chief, then wouldn’t it be very similar to

the COPS Program, Ms. Jackson Lee——

Ms. JACKSON LEE. Right.

Chairman BOEHLERT [continuing]. As you know, with the local

requirement? I understand the question, and it is a very good question.

Ms. JACKSON LEE. Yeah, I just want—and I—and you have answered it. I guess what you are saying is that the local community

needs to make a commitment, and you would see the desire to

make that commitment on that match?

Mr. QUILL. That is correct.

Ms. JACKSON LEE. Mr. Chairman, could you indulge me so Mr.

Shannon could just answer the question about balancing these

other needs with these—the hiring dollars that we are going to be

giving you?

Mr. SHANNON. I think that that is also a very important point

that as—the hiring dollars are crucial, because there is a gap now

in personnel in the Fire Service. But we shouldn’t believe that once

that problem is solved that the big problem is solved, because as

the Needs Assessment that you referred to, Ms. Jackson Lee,

points out that there are problems with training, there are problems with equipment, with protective clothing. These are all going

to take dollars as well. And hopefully, with an upturn in the economy, more of those dollars are going to be able to come from local

governments and from States, but even after the personnel issue

is resolved, there is going to be a need to address these other concerns as well.

Chairman BOEHLERT. Thank you very much.

Ms. JACKSON LEE. Thank you very much, Mr. Chairman. Thank

you.

Chairman BOEHLERT. Dr. Burgess.

Dr. BURGESS. Yes. Thank you, Mr. Chairman. I am going to ask

a question that may be so basic that you wonder why I ask it, but

help me understand the concept. We have got the FIRE Grants

that FEMA is administering and I appreciate those. I have actually

been a participant in handing some of those out in my district. But

why have those FIRE Grants that FEMA is administering not been

able to free up the funding for local staffing? And are we going to

further that problem with what we are talking about today?

Mr. QUILL. The cost of the equipment for the Fire Service, once

is—once it is found out that the equipment will be used for Fire

Service—for firefighting, the price just becomes astronomical. It is

just unbelievable. The Fire Service is so far behind the times in

many areas, with their tools and equipment, that they—as it was

said earlier here today, there are many departments without personnel protective equipment, the basic coat, helmet, boots that firefighters need to wear. We have to catch up to that. We have to

bring everyone up to somewhat of a level playing field with the

money that is put aside in the FIRE Grants for this equipment. It

74

seems like we are starting to get near that point. We are at a basic

level. Now the staffing is very crucial, but first of all, we have to

have the tools to work with.

Dr. BURGESS. Do you feel that there is a diversion of local funds

because of the FEMA Grant coming in and purchasing the basic

technology and the basic equipment?

Mr. QUILL. I don’t believe I could answer that properly at this

time.

Dr. BURGESS. I guess the question is are we hurting ourselves by

doing this?

Mr. SHANNON. Mr. Burgess, if I can, and I am sorry I don’t have

the report with me, but I will get it to you after this hearing, if

that is all right. But if you look at the needs that—and the Needs

Assessment, the FEMA Report that NFPA was involved with, the—

I don’t think there is any fear at all, if that is the concern, that

federal money will give an opportunity for states and local government to pull back on the supports for the fire—support for the fire

department. The needs are enormous for protective clothing, for

training, for new equipment for past devices. Mr. Boehlert, oh, it

has been—I think it has been submitted. And if you look at that,

you will see that there is—I don’t think there is any fear or should

be any concern that this money is going to supplant local funding

for the fire departments. The needs far outstrip what will be available, even with this legislation.

Chairman BOEHLERT. Dr. Burgess, let me point out that we have

all been given a copy of the Needs Assessment, and I would suggest

you might give it a glance. It is very valuable reading.

Any further questions, Dr. Burgess?

Dr. BURGESS. [No response]

Chairman BOEHLERT. Mr. Bishop.

Mr. BISHOP. Thank you. Actually, my colleague here from Texas

asked several of the questions that I already had there, as well. If

you would just be kind enough to reassure me in some way before

we start moving forward on this particular bill. The first one is

there have been programs in the past, like COPS, where the federal funding has gone in there, and as soon as the grants have

been taken away at some time in the future, the money to keep

those men on staff has withdrawn as well. Is there any kind of

guarantee that we have that the same thing will not happen in this

particular area?

And the second reassurance I would desperately need at some

time, is sometimes we, in the Federal Government, have had the

tendency of doing programs that were high on symbolism but low

on reality, especially several years ago we decided to come up with

a whole new program to put new teachers into the classrooms. And

the amount of money and the amount of teachers would equal, like,

@ of a teacher per school district. Can you guarantee me, reassure

me, that if we actually move forward in this program it is going

to make a difference in all departments, or is this going to be—

have to be a shotgun approach, a scatter gun approach? Are you

going to have to zero-in in some particular way? What kind of assurances are we going to have that we are actually going to make

a difference down on the local levels?

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Mr. SHANNON. I—Mr. Bishop, if I might say, I certainly understand your question. I used to have the same concerns about funding programs when I was a Member of the House of Representatives and want to make sure that the money isn’t just, you know,

being sent scatter-shot and not being used appropriately. All I can

tell you in response to your question is that, you know, I personally, and our organization, deals with fire departments all across

the country. These are very real needs, and they are immediate

needs. And they will save lives. Additional dollars put into staffing

of fire departments will have an immediate payback in lives. And

there was some specific reference to fires that have taken place

where it is pretty clearly documented that the staffing gaps in particular communities resulted in the loss of firefighter lives and in

civilian lives. So I don’t think that there is—there should be any

concern that this money isn’t going to be useful and isn’t going to

be very useful to communities that meet—that have real needs.

And there is going to need to be more of a—support come from the

local level, no question about that, and more support coming from

the state level. But I think that the Federal Government assistance, at this point, can really help jump-start that effort.

Mr. BISHOP. Are you focusing specifically an effort to try and

help all departments everywhere or are you going to try and focus

the money to make a maximum impact in certain areas?

Mr. SHANNON. It is going to be a grant program, and communities are going to apply for the money, and they are going to have

to justify that.

Mr. BISHOP. But the goal is to focus the money?

Mr. SHANNON. Yes.

Mr. BISHOP. Thank you so much. Thank you, Mr. Chairman.

Chairman BOEHLERT. Thank you very much, Mr. Bishop, and

thank you, all of you, but particularly our two Chiefs, because

every single day, you and your teams are on the firing line protecting our homes, our communities, and our nation. And we deeply

appreciate it. We want to commit to you that this committee, Republican and Democrat alike, is determined to follow through to get

the resources you need to do the job we expect you to do. And we

are not going to let up, and we are going to be unrelenting. We

have got the federal grant program going, and it is working exceptionally well, no pork barrel, no political intrigue, just of, by, and

for the fire services. And that is the way it should be. That is going

to continue. And we are going to try our darnedest to get you some

relief on the staffing problem. But it is not going to be a blank

check from Washington, as you recognize. It is going to be a shared

responsibility, but we are going to do—try to do our share.

So I want to thank all of you for being resources. Congressman

Shannon, it is always good to see you again back home. And Mr.

McNeill, thank you and your team for what you are doing so well.

This hearing is now adjourned.

[Whereupon, at 12 p.m., the Committee proceeded to other business.]

(77)

Appendix 1:

ADDITIONAL MATERIAL FOR THE RECORD

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1September 20, 2002, letter to IAFF Affiliate Presidents from Harold A. Schaitberger IAFF

General President. 2 About 200 volunteer firefighters in Prince George’s County, MD, are ‘‘Two-Hatters’’ and,

therefore, the ranks would be depleted by this number of individuals if the firefighter union is

successful in forcing out these individuals under threat of financial sanctions and/or union expulsion. 3The resume of John Gorman, one of the ‘‘Two-Hatters’’ who is current faced with union trial

board charges because of his volunteer firefighter activities, is attached as an illustration of the

qualifications that will be lost to our communities if such discrimination against Two-Hatters

is permitted to continue. See Appendix A.

STATEMENT CONCERNING H.R. 1118

SUBMITTED ON BEHALF OF THE ‘‘TWO-HATTERS COALITION’’

By Adele L. Abrams, Esq., Law Office of Adele L. Abrams, P.C., 4740 Corridor Place,

Suite D, Beltsville, MD 20705; 301–595–3520; www.safety-law.com

CHAIRMAN BOEHLERT AND MEMBERS OF THE COMMITTEE:

This statement is being submitted for the record following the June 4, 2003, hearing on H.R. 1118, the ‘‘Staffing for Adequate Fire and Emergency Response (SAFER)

Act of 2003’’ on behalf of the ‘‘Two-Hatters Coalition’’ (‘‘THC’’ or ‘‘Coalition’’). The

THC is a group of men and women who are paid union firefighters in their fulltime jobs, and who volunteer as unpaid firefighters in their local communities during their days off from work. The members of the Coalition provide critical emergency services at a time when local fire departments and paramedic teams are vastly underfunded. Therefore, we applaud this committee for investigating this issue

and considering the aforementioned legislation.

As Congress looks for solutions to the crisis in emergency response, we wish to

point out current developments that serve only to exacerbate this problem. In certain areas including, but not limited to, the Washington, DC metropolitan area,

these ‘‘Two-Hatters’’ are being brought up on charges by their unions because of

their unpaid volunteer activities at local volunteer fire departments (‘‘VFDs’’).

These Two-Hatters are facing trial board charges in Washington, DC, Arlington,

VA, Montgomery County, MD, and other jurisdictions. These Two-Hatters face expulsion from the union unless they agree to cease their volunteer firefighter activities. The International Association of Firefighters, and some of its locals, has

deemed volunteer fire departments to be ‘‘rival’’ labor organizations. As the IAFF

noted, in correspondence to its members on this issue:

The IAFF Constitution makes it clear that IAFF members can be subject to

charges and internal discipline if they serve as volunteers. . .all too often, jurisdictions rely upon the services of volunteers to undermine the efforts of our own

members to obtain the resources necessary to support a properly staffed and

adequately equipped full time career fire department. As a union representing

the interests of paid professional fire fighters, we can and must promote the interests of our members by strongly advocating career fire departments across

North America.1

There are economic consequences for the Two-Hatters, regardless of whether they

opt to ‘‘walk the plank’’ by leaving the union or resigning as volunteer firefighters.

But, more critically, there are public safety consequences arising from this attempt

to deplete the ranks of volunteer fire departments in order to protect union interests.

Local communities depend heavily on volunteer firefighters, and can ill-afford to

create paid firefighter positions to replace those Two-Hatters who may be forced to

withdraw from participation in these VFDs. Some of the Two-Hatters now being

brought before trial boards are the same individuals who were involved in rescue

operations at the Pentagon and who, as volunteers, provide emergency support to

departments in Prince George’s County, MD,2 that serve as backup for emergencies

on Capitol Hill and the federal agencies in Washington. Following the September

11, 2001, events at the World Trade Center, hundreds of volunteer firefighters and

volunteer fire chiefs worked alongside of and supported career firefighters in New

York City. It is incredible that these same individuals are now being viewed as ‘‘the

enemy’’ by their own unions simply because of their volunteer activities.

Today, nearly 50 percent of some VFDs’ firefighters are ‘‘Two-Hatters’’ and in

most cases, these volunteers serve the VFDs during key evening and weekend

shifts, while paid firefighters work a more regular weekday schedule. These volunteers are extremely skilled, well-trained and physically fit.3 How quickly such VFDs

could find and train comparable replacement volunteers who are not career fireVerDate 11-MAY-2000 15:34 Aug 31, 2003 Jkt 087543 PO 00000 Frm 00082 Fmt 6601 Sfmt 6621 C:\WORKD\FULL03\060403\87543 SCIENCE1 PsN: SCIENCE1
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4 Bowie Blade editorial, March 27, 2003. 5 As amended by Section 2 of H.R. 1118, page 2, lines 2–9.

fighters and who are willing and available to work these less-desirable shifts (much

less find the revenue to fund such positions) is unknown. But, given our current

state of alert, it is not a risk worth taking for our communities. A selection of recent

news reports on this issue is attached to this statement and we ask that these be

included in the Congressional record concerning H.R. 1118.

Action to prohibit continuation of volunteer services by Two-Hatters is also occurring elsewhere in the United States because the International Association of Firefighters is condoning such action. The rationale is that if these ‘‘two hatters’’ are

forced to stop volunteering, more ‘‘paid’’ positions will be created by the counties and

municipalities. To fund that, there will be an increase in taxes to pay for the newly

hired firemen and emergency medical staff. But the harsh truth is that there is no

money to create new paid positions. Thus, the end result will be a reduction in force

at volunteer departments and a diminution of public safety and ability to respond

to emergencies.

As was noted in a recent Bowie (MD) Blade editorial: ‘‘It is beyond comprehension

why the International Association of Fire Fighters would severely penalize a member of its union for unselfishly volunteering his services, during his off-work hours

from a fire department in Virginia, to the Bowie Volunteer Fire Department. This

draconian action by the national firefighters union also lays the groundwork for substantial damage to local firefighter organizations.’’ 4

The International Association of Fire Chiefs has estimated that two-thirds of

American fire departments do not meet minimum staffing requirements. We agree.

The IAFC has noted that 75,000 new firefighters are needed to bring these departments into compliance. We agree. But Congress must recognize that municipal governments simply do not have the resources to fund 75,000 new paid firefighter positions, even with the additional funding anticipated in this legislation. We respectfully suggest that the United States needs more, not fewer, volunteers to maximize

our homeland security efforts. The discrimination in employment against individuals simply because they elect to answer President Bush’s call to serve their country

as volunteers must end.

The IAFF’s war on volunteer firefighters also impermissibly interferes with these

union members’ First Amendment rights of Freedom of Association and should be

deemed unconstitutional. Whatever their full-time job, no one should be adversely

treated on-the-job or face financial penalties because they choose to volunteer their

services in protection of their community.

As a solution to this issue, and in support of strengthening emergency response

teams, we propose that the following underscored language be added to Section

34(a)(1) of 15 U.S.C. 2201 et seq.,5 to ensure that persons who volunteer as emergency service providers will not be subject to adverse employment action as a consequence of their volunteer activities.

The Administrator shall make grants directly to career, volunteer, and

combination fire departments—provided that such departments and/or

their unions do not discriminate in employment or take adverse action

against an individual because of the individual’s activities as a volunteer firefighter—in consultation with the chief executive of the State in

which the applicant is located, for the purpose of increasing the number of firefighters to help communities meet industry minimum standards to provide adequate protection from fire and fire-related hazards,

including acts of terrorism.

We believe that adoption of this language will help to effectuate the legislative

goal of increasing the number of firefighters to help communities meet industry

minimum standards and will advance the cause of providing adequate protection

from fire and fire-related hazards, including acts of terrorism. More information can

be found on our group’s website, http://www.twohatters.org/. Thank you for your

consideration of our concerns.

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