[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1617 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1617
To amend the Workforce Investment Act of 1998 to increase the hiring of
firefighters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
Mr. Dodd (for himself and Mr. Warner, Mr. Sarbanes, Mr. Schumer, Mrs.
Murray, Mr. Cleland, Mr. Corzine and Mr. Daschle) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. STAFFING FOR ADEQUATE FIRE AND EMERGENCY 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 Adequate 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 increase the number of firefighting personnel throughout the
Nation;
``(2) to substantially increase the hiring of firefighters
so that communities can--
``(A) meet industry minimum standards for providing
adequate protection from acts of terrorism 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 hiring by
establishing a program of grants, authorized for 7 years, to
provide direct funding to States, units of local government,
and Indian tribal organizations for firefighter salaries and
benefits.
``SEC. 353. DEFINITIONS.
``In this subtitle:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State, a unit of local government, a tribal
organization, or another public entity; or
``(B) a multi-jurisdictional or regional consortia
of entities described in subparagraph (A).
``(2) Firefighter.--The term `firefighter' has the meaning
given the term `employee in fire protection activities' in
section 3 of the Fair Labor Standards 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 Assistance 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 Management 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 `qualifying 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 firefighters.
``(c) Minimum Amount.--
``(1) Amount.--For any fiscal year, the Secretary 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 section 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 percent.
``(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 eligible 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 containing 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 community 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 unable to hire
sufficient firefighters to address the entity's needs, without
Federal assistance;
``(3)(A) specify the average number of firefighters
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 members 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 submission, processing, and approval of an application under
this section, for an eligible entity that is a unit of local
government, 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 government;
and
``(2) may give preference, where feasible, to an eligible
entity that submits an application containing a plan that--
``(A) provides for hiring (including rehiring)
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 community, and the unit of local government and State are
qualifying 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 community 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 available through the grant to
hire career firefighters. The funds may only be used to increase the
number of firefighters 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 subsequent fiscal year,
in hiring any 1 firefighter, the entity 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 average), published
by the Secretary of Labor, has increased 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 appropriated 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 contain a monitoring component,
developed pursuant to regulations established by the Secretary. The
monitoring required by this subsection shall include systematic
identification and collection of data about the project throughout 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 subtitle conduct local evaluations
or participate in a national evaluation, pursuant to regulations
established by the Secretary. Such local or national evaluations may
include assessments 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 require a grant
recipient under this subtitle to submit to the Secretary the results of
the monitoring and evaluations 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
approved 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 examination 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 experiences of eligible entities in
carrying out projects under this subtitle, and the effects of the
grants made under this subtitle. The report may include recommendations
for such legislation as the Secretary may consider to be appropriate,
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 appropriated 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 subsection (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 adding 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.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11370)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S11370-11371
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