I
107TH CONGRESS
2D SESSION
H. R. 3992
To establish the SAFER Firefighter Grant Program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 19, 2002
Mr. BOEHLERT (for himself, Mr. PASCRELL, and Mr. QUINN) introduced the
following bill; which was referred to the Committee on Science
A BILL
To establish the SAFER Firefighter Grant Program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Staffing for Adequate
Fire and Emergency Response Firefighters Act of 2002’’.
SEC. 2. PURPOSE.
The purpose of this Act is to substantially increase
the number of firefighters so that communities can meet
industry minimum standards to provide adequate protec-
tion from acts of terrorism and hazards by establishing
a program of grants to provide direct funding to local,
State and tribal jurisdictions for salaries and benefits to
further this objective, including an authorization for a pe-
riod of 7 years.
SEC. 3. OFFICE OF GRANT MANAGEMENT.
The Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2201 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 34. OFFICE OF GRANT MANAGEMENT.
‘‘(a) ESTABLISHMENT.—A new office within the
United States Fire Administration shall be established to
administer the SAFER Firefighter grant program under
this section.
‘‘(b) AUTHORITY TO MAKE GRANTS.—
‘‘(1) The Administrator may make grants to
States, units of local government, Indian tribal gov-
ernments, other public entities, and multijuris-
dictional or regional consortia thereof to increase ca-
reer firefighter presence and enhance their ability to
save lives, property, and effectively respond to all
types of emergencies.
‘‘(2)(A) Grants made under paragraph (1) shall
be for three years and used for programs to hire
new, additional career firefighters.
‘‘(B) Grantees are required to commit to retain-
ing for at least 1 year beyond the termination of
their grants those career firefighters hired under
paragraph (1).
‘‘(3) In awarding grants under this section, the
Administrator may give preferential consideration,
where feasible, to applications for hiring and rehir-
ing additional career firefighters that involve a non-
Federal contribution exceeding the 25 percent min-
imum under paragraph (6).
‘‘(4) The Administrator may provide technical
assistance to States, units of local government, In-
dian tribal governments, and to other public entities,
in furtherance of the purposes of the SAFER Fire-
fighter Act of 2002.
‘‘(5) Unless all applications submitted by any
State and grantee within the State pursuant to
paragraph (1) have been funded, each qualifying
State, together with grantees within the State, shall
receive in each fiscal year pursuant to paragraph (1)
not less than 0.5 percent of the total amount appro-
priated in the fiscal year for grants pursuant to that
paragraph. In this paragraph, ‘qualifying State’
means any State which has submitted an application
for a grant, or in which an eligible entity has sub-
mitted an application for a grant, which meets the
requirements prescribed by the Administrator and
the condition set out in this section.
‘‘(6) The portion of the costs of a program,
project, or activity provided by a grant under para-
graph (1) may not exceed 75 percent, unless the Ad-
ministrator waives, wholly or in part, the require-
ment under this paragraph of a non-Federal con-
tribution to the costs of a program, project, or activ-
ity.
‘‘(7) The authority under paragraph (1) of this
section to make grants for the hiring of additional
career firefighters shall lapse at the conclusion of 10
years from the date of enactment of this section.
Prior to the expiration of this grant authority, the
Administrator shall submit a report to Congress con-
cerning the experience with and effects of such
grants. The report may include any recommenda-
tions the Administrator may have for amendments
to this section and related provisions of law in light
of the termination of the authority to make grants
for the hiring and rehiring of additional career fire-
fighters.
‘‘(c) APPLICATIONS.—
‘‘(1) No grant may be made under this section
unless an application has been submitted to, and ap-
proved by, the Administrator.
‘‘(2) An application for a grant under this sec-
tion shall be submitted in such form, and contain
such information, as the Administrator may pre-
scribe by regulation or guidelines.
‘‘(3) In accordance with the regulations or
guidelines established by the Administrator, each ap-
plication for a grant under this section shall—
‘‘(A) include a long-term strategy and de-
tailed implementation plan that reflects con-
sultation with community groups and appro-
priate private and public agencies and reflects
consideration of the statewide strategy;
‘‘(B) explain the applicant’s inability to ad-
dress the need without Federal assistance;
‘‘(C) outline the initial and ongoing level of
community support for implementing the pro-
posal including financial and in-kind contribu-
tions or other tangible commitments;
‘‘(D) specify plans for obtaining necessary
support and continuing the proposed program,
project, or activity following the conclusion of
Federal support; and
‘‘(E) provide assurances that the applicant
will, to the extent practicable, seek, recruit, and
hire members of racial and ethnic minority
groups and women in order to increase their
ranks within firefighting.
‘‘(4) Notwithstanding any other provision of
this section, in relation to applications under this
section of units of local government or fire districts
having jurisdiction over areas with populations of
less than 50,000, the Administrator may waive 1 or
more of the requirements of paragraph (3) and may
otherwise make special provisions to facilitate the ex-
pedited submission, processing, and approval of such
applications.
‘‘(d) LIMITATION ON USE OF FUNDS.—
‘‘(1) Funds made available under this section to
States or units of local government for salaries and
benefits to hire new, additional career firefighters
shall not be used to supplant State or local funds,
or, in the case of Indian tribal governments, funds
supplied by the Bureau of Indian Affairs, but shall
be used to increase the amount of funds that would,
in the absence of Federal funds received under this
section, be made available from State or local
sources, or in the case of Indian tribal governments,
from funds supplied by the Bureau of Indian Af-
fairs.
‘‘(2)(A) States and units of local government
may use assets received through the Assets For-
feiture equitable sharing program to provide the
non-Federal share of the cost of programs, projects,
and activities funded under this section.
‘‘(B) Funds appropriated by the Congress for
the activities of any agency of an Indian tribal gov-
ernment or the Bureau of Indian Affairs performing
firefighting functions on any Indian lands may be
used to provide the non-Federal share of the cost of
programs or projects funded under this section.
‘‘(3)(A) Funding provided for hiring a career
firefighter may not exceed $90,000, unless the Ad-
ministrator grants a waiver from this limitation.
‘‘(B) $90,000 cap shall be adjusted for inflation
beginning in fiscal year 2003.
‘‘(e) PERFORMANCE EVALUATION.—
‘‘(1) Each program, project, or activity funded
under this section shall contain a monitoring compo-
nent, developed pursuant to guidelines established by
the Administrator. The monitoring required by this
subsection shall include systematic identification and
collection of data about activities, accomplishments,
and programs throughout the life of the program,
project, or activity and presentation of such data in
a usable form.
‘‘(2) Selected grant recipients shall be evaluated
on the local level or as part of a national evaluation,
pursuant to guidelines established by the Adminis-
trator. Such evaluations may include assessments of
individual program implementations. In selected ju-
risdictions that are able to support outcome evalua-
tions, the effectiveness of funded programs, projects,
and activities may be required.
‘‘(3) The Administrator may require a grant re-
cipient to submit to the Administrator the results of
the monitoring and evaluations required under para-
graphs (1) and (2) and such other data and infor-
mation as the Administrator deems reasonably nec-
essary.
‘‘(f) REVOCATION OR SUSPENSION OF FUNDING.—
If the Administrator determines, as a result of the reviews
required by subsection (e), or otherwise, that a grant re-
cipient under this section is not in substantial compliance
with the terms and requirements of an approved grant ap-
plication submitted under subsection (c), the Adminis-
trator may revoke or suspend funding of that grant, in
whole or in part.
‘‘(g) ACCESS TO DOCUMENTS.—
‘‘(1) The Administrator shall have access for
the purpose of audit and examination to any perti-
nent books, documents, papers, or records of a grant
recipient under this section and to the pertinent
books, documents, papers, or records of State and
local governments, persons, businesses, and other
entities that are involved in programs, projects, or
activities for which assistance is provided under this
section.
‘‘(2) Paragraph (1) shall apply with respect to
audits and examinations conducted by the Comp-
troller General of the United States or by an author-
ized representative of the Comptroller General.
‘‘(h) GENERAL REGULATORY AUTHORITY.—The Ad-
ministrator may promulgate regulations and guidelines to
carry out this section.
‘‘(i) DEFINITIONS.—In this section—
‘‘(1) ‘firefighter’ has the same meaning as the
phrase ‘employee in fire protection activities’ which
is defined in section 3 of the Fair Labor Standards
Act (29 U.S.C. 203(y)); and
‘‘(2) ‘Indian tribe’ means a tribe, band, pueblo,
nation, or other organized group or community of
Indians, including an Alaska Native village (as de-
fined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)),
that is recognized as eligible for the special pro-
grams and services provided by the United States to
Indians because of their status as Indians.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
‘‘There are authorized to be appropriated for the pur-
poses of carrying out this section—
‘‘(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 2008; and
‘‘(7) $1,194,000,000 for fiscal year 2009.’’.
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