I
107TH CONGRESS
1ST SESSION
H. R. 3185
To amend the Workforce Investment Act of 1998 to increase the hiring
of firefighters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 30, 2001
Mr. GREEN of Texas (for himself, Mr. QUINN, Mr. PASCRELL, Ms. LOFGREN,
Mr. NADLER, Ms. ROYBAL-ALLARD, Ms. MCCARTHY of Missouri, and
Mrs. MORELLA) introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the Com-
mittee on Science, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend the Workforce Investment Act of 1998 to increase
the hiring of firefighters, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. STAFFING FOR ADEQUATE FIRE AND EMER-
GENCY RESPONSE.
Title III of the Workforce Investment Act of 1998
(Public Law 105–220; 112 Stat. 1080) is amended by
adding at the end the following:
‘‘Subtitle E—Staffing for Adequate
Fire and Emergency Response
‘‘SEC. 351. SHORT TITLE.
‘‘This subtitle may be cited as the ‘Staffing for Ade-
quate Fire and Emergency Response Act of 2001’ or as
the ‘SAFER Act of 2001’.
‘‘SEC. 352. PURPOSES.
‘‘The purposes of this subtitle are—
‘‘(1) to expand on the firefighter assistance
grant program under section 33 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C.
2229), in order to ensure adequate funding to in-
crease the number of firefighting personnel through-
out the Nation;
‘‘(2) to substantially increase the hiring of fire-
fighters so that communities can—
‘‘(A) meet industry minimum standards for
providing adequate protection from acts of ter-
rorism and hazards; and
‘‘(B) enhance the ability of firefighter
units to save lives, save property, and effectively
respond to all types of emergencies; and
‘‘(3) to promote that substantial increase in hir-
ing by establishing a program of grants, authorized
for 7 years, to provide direct funding to States,
units of local government, and Indian tribal organi-
zations for firefighter salaries and benefits.
‘‘SEC. 353. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means—
‘‘(A) a State, a unit of local government,
a tribal organization, or another public entity;
or
‘‘(B) a multi-jurisdictional or regional con-
sortia of entities described in subparagraph (A).
‘‘(2) FIREFIGHTER.—The term ‘firefighter’ has
the meaning given the term ‘employee in fire protec-
tion activities’ in section 3 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 203).
‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—
The terms ‘Indian tribe’ and ‘tribal organization’
have the meanings given the terms in section 4 of
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b).
‘‘(4) SECRETARY.—The term ‘Secretary’ means
the Secretary of Labor, acting after consultation
with the Director of the Federal Emergency Man-
agement Agency.
‘‘(5) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern
Mariana Islands.
‘‘SEC. 354. AUTHORITY TO MAKE GRANTS.
‘‘(a) DEFINITION.—In this section, the term ‘quali-
fying entity’, used with respect to a fiscal year, means any
eligible entity (including a State) that has submitted an
application under section 355 for the fiscal year that
meets the requirements of this subtitle and such additional
requirements as the Secretary may prescribe.
‘‘(b) GRANT AUTHORIZATION.—The Secretary may
make grants to eligible entities to pay for the Federal
share of the cost of carrying out projects to hire fire-
fighters.
‘‘(c) MINIMUM AMOUNT.—
‘‘(1) AMOUNT.—For any fiscal year, the Sec-
retary shall ensure that the qualifying entities in
each State shall receive, through grants made under
this section, a total amount that is not less than 1⁄2
of 1 percent of the amount appropriated under sec-
tion 362 for the fiscal year.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply for a fiscal year if the Secretary makes a
grant under this section to every qualifying entity
for the fiscal year.
‘‘(d) GRANT PERIODS.—The Secretary may make
grants under this section for periods of 3 years.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the
cost of carrying out a project to hire firefighters
under this subtitle shall be not more than 75 per-
cent.
‘‘(2) NON-FEDERAL SHARE.—The non-Federal
share shall be provided—
‘‘(A) in cash;
‘‘(B) in the case of a State or unit of local
government, from assets received through an
asset forfeiture program; or
‘‘(C) in the case of a tribal organization or
the Bureau of Indian Affairs, from any Federal
funds made available for firefighting functions
to assist an Indian tribe.
‘‘(3) WAIVER.—The Secretary may waive the
requirements of paragraphs (1) and (2) for an eligi-
ble entity.
‘‘SEC. 355. APPLICATIONS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subtitle, an entity shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may prescribe.
‘‘(b) CONTENTS.—Each such application shall—
‘‘(1) include a long-term strategy and detailed
implementation plan, for the hiring to be conducted
under the grant, that reflects consultation with com-
munity groups and appropriate private and public
agencies and reflects consideration of a statewide
strategy for such hiring;
‘‘(2) specify the reasons why the entity is un-
able to hire sufficient firefighters to address the en-
tity’s needs, without Federal assistance;
‘‘(3)(A) specify the average number of fire-
fighters employed by the entity during the fiscal
year prior to the fiscal year for which the application
is submitted; and
‘‘(B) outline the initial and planned level of
community support for implementing the strategy
and plan, including the level of financial and in-kind
contributions or other tangible commitments;
‘‘(4)(A) specify plans for obtaining necessary
support and continuing the employment of a greater
number of firefighters than the number specified
under paragraph (3)(A), following the conclusion of
Federal assistance under this subtitle; and
‘‘(B) include an assurance that the entity will
continue the employment of firefighters hired with
funds made available through the grant for at least
1 year after the end of the grant period; and
‘‘(5) include assurances that the entity will, to
the extent practicable, seek, recruit, and hire mem-
bers of racial and ethnic minority groups and women
in order to increase the ranks of minorities and
women within the entity’s firefighter units.
‘‘(c) SMALL JURISDICTIONS.—Notwithstanding any
other provision of this subtitle, the Secretary may waive
1 or more of the requirements of subsection (b), and may
make special provisions to facilitate the expedited submis-
sion, processing, and approval of an application under this
section, for an eligible entity that is a unit of local govern-
ment, or an eligible entity serving a fire district, that has
jurisdiction over an area with a population of less than
50,000.
‘‘(d) PREFERENCE.—In awarding grants under this
subtitle, the Secretary—
‘‘(1) shall give preference to a unit of local gov-
ernment; and
‘‘(2) may give preference, where feasible, to an
eligible entity that submits an application containing
a plan that—
‘‘(A) provides for hiring (including rehir-
ing) career firefighters; and
‘‘(B) requires the entity to contribute a
non-Federal share of more than 25 percent of
the cost of carrying out a project to hire the
firefighters.
‘‘(e) STATE AND LOCAL APPLICATIONS.—If a unit of
local government for a community, and the State in which
the community is located, submit applications under this
section for a fiscal year to carry out a project in a commu-
nity, and the unit of local government and State are quali-
fying entities under section 354(a), the Secretary—
‘‘(1) shall make a grant under this subtitle to
the unit of local government for that year; and
‘‘(2) shall not make a grant under this subtitle
to the State to carry out a project in that commu-
nity for that year.
‘‘SEC. 356. USE OF FUNDS.
‘‘(a) IN GENERAL.—An eligible entity that receives
a grant under this subtitle shall use the funds made avail-
able through the grant to hire career firefighters. The
funds may only be used to increase the number of fire-
fighters employed by the agency from the number specified
under section 355(b)(3)(A). The funds may be used for
salaries and benefits for the firefighters.
‘‘(b) HIRING COSTS.—
‘‘(1) FISCAL YEAR 2002.—For fiscal year 2002,
in hiring any 1 firefighter, the entity may not use
more than $90,000 of such funds.
‘‘(2) SUBSEQUENT
YEARS.—For each subse-
quent fiscal year, in hiring any 1 firefighter, the en-
tity may not use more than $90,000 of such funds,
increased or decreased by the same percentage as
the percentage by which the Consumer Price Index
for All Urban Consumers (United States city aver-
age), published by the Secretary of Labor, has in-
creased or decreased by September of the preceding
fiscal year from such Index for September 2001.
‘‘(3) WAIVERS.—The Secretary may waive the
requirements of paragraph (1) or (2) for an eligible
entity.
‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds appro-
priated pursuant to the authority of this subtitle shall be
used to supplement and not supplant other Federal, State,
and local public funds expended to hire firefighters.
‘‘SEC. 357. TECHNICAL ASSISTANCE.
‘‘The Secretary may provide technical assistance to
eligible entities to further the purposes of this Act.
‘‘SEC. 358. MONITORING AND EVALUATIONS.
‘‘(a) MONITORING
COMPONENTS.—Each project
funded through a grant made under this subtitle shall con-
tain a monitoring component, developed pursuant to regu-
lations established by the Secretary. The monitoring re-
quired by this subsection shall include systematic identi-
fication and collection of data about the project through-
out the period of the project and presentation of such data
in a usable form.
‘‘(b) EVALUATION
COMPONENTS.—The Secretary
may require that selected grant recipients under this sub-
title conduct local evaluations or participate in a national
evaluation, pursuant to regulations established by the Sec-
retary. Such local or national evaluations may include as-
sessments of the implementation of different projects. The
Secretary may require selected grant recipients under this
subtitle to conduct local outcome evaluations to determine
the effectiveness of projects under this subtitle.
‘‘(c) PERIODIC REPORTS.—The Secretary may re-
quire a grant recipient under this subtitle to submit to
the Secretary the results of the monitoring and evalua-
tions required under subsections (a) and (b) and such
other data and information as the Secretary determines
to be reasonably necessary.
‘‘(d) REVOCATION OR SUSPENSION OF FUNDING.—
If the Secretary determines, as a result of the monitoring
or evaluations required by this section, or otherwise, that
a grant recipient under this subtitle is not in substantial
compliance with the terms and requirements of an ap-
proved grant application submitted under section 355, the
Secretary may revoke the grant or suspend part or all of
the funding provided under the grant.
‘‘SEC. 359. ACCESS TO DOCUMENTS.
‘‘For the purpose of conducting an audit or examina-
tion of a grant recipient that carries out a project under
this subtitle, the Secretary and the Comptroller General
of the United States shall have access to any pertinent
books, documents, papers, or records of the grant recipient
and any State or local government, person, business, or
other entity, that is involved in the project.
‘‘SEC. 360. REPORT TO CONGRESS.
‘‘Not later than September 30, 2008, the Secretary
shall submit a report to Congress concerning the experi-
ences of eligible entities in carrying out projects under this
subtitle, and the effects of the grants made under this sub-
title. The report may include recommendations for such
legislation as the Secretary may consider to be appro-
priate, which may include reauthorization of this subtitle.
‘‘SEC. 361. REGULATIONS.
‘‘The Secretary may issue regulations to carry out
this subtitle.
‘‘SEC. 362. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this subtitle—
‘‘(1) $1,000,000,000 for fiscal year 2002;
‘‘(2) $1,030,000,000 for fiscal year 2003;
‘‘(3) $1,061,000,000 for fiscal year 2004;
‘‘(4) $1,093,000,000 for fiscal year 2005;
‘‘(5) $1,126,000,000 for fiscal year 2006;
‘‘(6) $1,159,000,000 for fiscal year 2007; and
‘‘(7) $1,194,000,000 for fiscal year 2008.
‘‘(b) AVAILABILITY.—Funds appropriated under sub-
section (a) for a fiscal year shall remain available until
the end of the second succeeding fiscal year.’’.
SEC. 2. CONFORMING AMENDMENT.
The table of contents in section 1(b) of the Workforce
Investment Act of 1998 (Public Law 105–220; 112 Stat.
936) is amended, in the items relating to title III, by add-
ing at the end the following:
‘‘Subtitle E—Staffing for Adequate Fire and Emergency Response
‘‘Sec. 351. Short title.
‘‘Sec. 352. Purposes.
‘‘Sec. 353. Definitions.
‘‘Sec. 354. Authority to make grants.
‘‘Sec. 355. Applications.
‘‘Sec. 356. Use of funds.
‘‘Sec. 357. Technical assistance.
‘‘Sec. 358. Monitoring and evaluations.
‘‘Sec. 359. Access to documents.
‘‘Sec. 360. Report to Congress.
‘‘Sec. 361. Regulations.
‘‘Sec. 362. Authorization of appropriations.’’.
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