SPEAKERS CONTENTS INSERTS
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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
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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
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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
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VACANCY
C O N T E N T S
June 4, 2003
Witness List
Hearing Charter
Opening Statements
Statement by Representative Sherwood L. Boehlert, Chairman, Committee on Science, U.S. House of Representatives
Written Statement
Statement by Representative Ralph M. Hall, Minority Ranking Member, Committee on Science, U.S. House of Representatives
Written Statement
Statement by Representative Nick Smith, Chairman, Subcommittee on Research, Committee on Science, U.S. House of Representatives
Written Statement
Prepared Statement by Representative Jerry F. Costello, Member, Committee on Science, U.S. House of Representatives
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Prepared Statement by Representative Eddie Bernice Johnson, Ranking Minority Member, Subcommittee on Research, Committee on Science, U.S. House of Representatives
Prepared Statement by Representative Zoe Lofgren, Member, Subcommittee on Research, Committee on Science, U.S. House of Representatives
Panel 1:
Representative Curt Weldon from the State of Pennsylvania; Member, Committee on Science, U.S. House of Representatives
Oral Statement
Representative Bill Pascrell, Jr., from the State of New Jersey
Oral Statement
Written Statement
Panel 2:
Senator Christopher J. Dodd from the State of Connecticut
Oral Statement
Written Statement
Panel 3:
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James M. Shannon, President, National Fire Protection Association
Oral Statement
Written Statement
Biography
Financial Disclosure
Michael D. Quill, Chief, Auburn, New York Fire Department
Oral Statement
Written Statement
Biography
Financial Disclosure
Jeffrey C. Cash, Chief, Cherryville, North Carolina Fire Department
Oral Statement
Written Statement
Biography
Financial Disclosure
Michael D. McNeill, 9th District Vice President, International Association of Firefighters
Oral Statement
Written Statement
Biography
Financial Disclosure
Discussion
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Appendix 1: Additional Material for the Record
Statement Concerning H.R. 1118, submitted on behalf of the ''Two-Hatters Coalition''
H.R. 1118, Staffing for Adequate Fire and Emergency Response Firefighters Act of 2003
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.
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HEARING CHARTER
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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
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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?
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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.
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 two-thirds 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.
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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.
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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.
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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 high-risk 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).
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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.
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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.
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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.
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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:
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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?
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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), re-designating 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.
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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.
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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;
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$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.
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.
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(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
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(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.——
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(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.
(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).
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(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.
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(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.
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(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 non-federal share required under paragraph (1).
(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.
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(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).
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(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.
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(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.——
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(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).
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(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).
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(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.
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 h. 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.
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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.
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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 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.
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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.
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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.
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.
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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.
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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.
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.
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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.
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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.
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I would also like to comment on the need for the firefighting community to work together in these efforts. You know, our challenge 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.
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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.
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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 demonstrate 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.
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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 post-9/11 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
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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.
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[The prepared statement of Ms. Johnson follows:]
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.
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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, h 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 h 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:]
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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.
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.
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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.
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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, 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.
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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 full-time 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.
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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.
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.
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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 full-time 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 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.
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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.
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This is absolutely critical for the Congress to address the staffing needs of our nation's fire departments. Here are some facts. Two-thirds 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 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.
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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.
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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:]
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:
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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.''
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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.
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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.
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.
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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.
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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 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.
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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.
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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 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.
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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 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.
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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.
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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.
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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 committee 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.
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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 legislation. So I welcome Mike to the Committee, and I look forward to hearing your testimony. Thanks for being here.
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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