Order Code RL32341
CRS Report for Congress
Received through the CRS Web
Assistance to Firefighters
Program: Distribution of
Fire Grant Funding
Updated July 15, 2004January 10, 2005
Lennard G. Kruger
Specialist in Science and Technology
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress
Assistance to Firefighters Program: Distribution of Fire
Grant Funding
Summary
The Assistance to Firefighters Program, also known as the FIRE Act grant
program, was established by Title XVII of the FY2001 National Defense
Authorization Act (P.L. 106-398). Currently administered by the Office for
Domestic Preparedness (ODP) within the Department of Homeland Security (DHS),
the program provides federal grants directly to local fire departments to help address
a variety of equipment, training, and other firefighter-related needs.
The fire grant program is now in its fourth year (FY2004). Nearly $2 billion has
been entering its fifth year. Over $2.6 billion has been
appropriated to the fire grant program since FY2001. The Fire Act statute
was
reauthorized in 2004 and provides overall guidelines on how fire grant money should be distributed – that at
least 5% of the funds go to prevention programs, that recipients agree to contribute
a 30% nonfederal cash match (10% for fire departments serving jurisdictions of
50,000 or less), that a grant recipient may not receive more than $750,000 for any
fiscal year, and that volunteer departments receive a proportion of the total grant
funding that is not less than the proportion of the U.S. population that those
departments protect (currently 55%)
be distributed. There is no set geographical formula for the
distribution of fire grants
– fire departments throughout the nation apply, and award
decisions are made by a
peer panel based on the merits of the application and the
needs of the community.
However, the law does require that fire grants should be
distributed to a diverse mix
of fire departments, with respect to type of department
(paid, volunteer, or
combination), geographic location, and type of community served
(e.g. urban,
suburban, or rural).
Activities in the 108th Congress include consideration of the reauthorization of
An ongoing issue likely to receive attention during the 109th Congress is the
focus of the fire grant program. Activities in the 108th Congress included
reauthorization of the Fire Act and enactment of the Staffing for Adequate Fire and Emergency
Response (SAFER) Act. Currently, the authorization for the Fire Act extends
through FY2004. On April 1, 2004, Representative Boehlert introduced H.R. 4107
– the Assistance to Firefighters Grant Reauthorization Act of 2004. On May 11,
2004, Senator Dodd introduced S. 2411, the Assistance to Firefighters Act of 2004.
On June 17, 2004, the text of S. 2411 was adopted as an amendment (offered by
Senator Dodd) to the FY2005 National Defense Authorization Act (S. 2400). On
June 23, S. 2400 was passed by the Senate and incorporated into the House Defense
Authorization bill (H.R. 4200)
Emergency Response (SAFER) Act. On October 28, 2004 the President signed the
FY2005 National Defense Authorization Act (P.L. 108-375). Title XXXVI of P.L.
108-375 is the Assistance to Firefighters Grant Program Reauthorization Act of 2004,
which reauthorizes the fire grant program through FY2009.
The SAFER Act (P.L. 108-136) authorizes federal grants of over $1 billion per
year through 2010 directly to fire departments for the hiring of personnel. The
program can not be implemented until Congress appropriates money specifically for
that purpose. No money No money
was appropriated for SAFER grants in FY2004, and the
Bush Administration
requested no funding for SAFER grants in FY2005. A floor
amendment adopted during House consideration ofHowever, the FY2005
Homeland Security
Appropriations bill (H.R. 4567) would provide $50 million for SAFER grants in
P.L. 108-334) provides SAFER Act grants
with $65 million for FY2005.
This report will be updated as events warrant.
Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
FY2001 Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
FY2002 Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
FY2003 Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
FY2004 Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Program Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Distribution of Fire Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Activities in the 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Fire Act Reauthorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
SAFER Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 910
List of Tables
Table 1. Appropriations for Assistance to Firefighters Program,
FY2001 - FY2004FY2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Table 2. FY2001 Fire Grant Award Recipients, By Category . . . . . . . . . . . . . . . 34
Table 3. FY2002 Awards Recipient, By Category . . . . . . . . . . . . . . . . . . . . . . . . 45
Table 4. FY2003 Award Recipients, By Category . . . . . . . . . . . . . . . . . . . . . . . . 5
Table 5. Comparison of House and Senate Fire Grant Reauthorization Bills . . . 86
Table 5. Major Provisions of the Assistance to Firefighters Grant
Program Reauthorization Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Table 6. State-by-State Distribution of Fire Grants, FY2001-FY2003 . . . . . . . . 1012
Table 7. Requests and Awards for Fire Grant Funding, FY2003 . . . . . . . . . . . . 1214
Assistance to Firefighters Program:
Distribution of Fire Grant Funding
Background
The Assistance to Firefighters Program,1 also known as the FIRE Act grant
program, was established by Title XVII of the FY2001 National Defense
Authorization Act (P.L. 106-398).2 Currently administered by the Office for
Domestic Preparedness (ODP) within the Department of Homeland Security (DHS),3
the program provides federal grants directly to local fire departments to help address
a variety of equipment, training, and other firefighter-related needs. The
authorization for the Fire Act currently extends through FY2004. On April 1, 2004,
Representative Boehlert introduced H.R. 4107 – the Assistance to Firefighters Grant
Reauthorization Act of 2004. On May 11, 2004, Senator Dodd introduced S. 2411,
the Assistance to Firefighters Act of 2004. One of the key reauthorization issues will
likely be how statutory requirements for the distribution of fire grant funding may
be modified.
Current law stipulates that at least 5% of the funds go to prevention programs,
that recipients agree to contribute a 30% nonfederal cash match (10% for fire
departments serving jurisdictions of 50,000 or less), that a grant recipient may not
receive more than $750,000 for any fiscal year, and that volunteer departments
receive a proportion of the total grant funding that is not less than the proportion of
the U.S. population that those departments protect (currently 55%)On October 28,
2004, the President signed the FY2005 National Defense Authorization Act (P.L.
108-375). Title XXXVI of P.L. 108-375 is the Assistance to Firefighters Grant
Program Reauthorization Act of 2004, which reauthorizes the fire grant program
through FY2009.
The FIRE Act statute prescribes 14 different purposes for which fire grant
money may be used (see 15 USC 2229(b)(3)). These are: hiring firefighters; training
firefighters; creating rapid intervention teams; certifying fire inspectors; establishing
wellness and fitness programs; funding emergency medical services provided by fire
departments; acquiring firefighting vehicles; acquiring firefighting equipment;
acquiring personal protective equipment; modifying fire stations; enforcing fire
codes; funding fire prevention programs; educating the public about arson prevention
and detection; and providing incentives for the recruitment and retention of volunteer
firefighters. The DHS has the discretion to decide which of those purposes will be
funded for a given grant year. Since the program commenced in FY2001, the
majority of fire grant funding has been used by fire departments to purchase
firefighting equipment, personal protective equipment, and firefighting vehicles. At
present, the program does not award funding for major building construction or for
hiring of personnel.
1
See CRS Report RS21302, Assistance to Firefighters Program, by Lennard G. Kruger.
2
“Firefighter assistance” is codified as section 33 of the Federal Fire Prevention and Control
Act (15 USC 2229).
3
Previous to FY2004, the fire grant program was administered by the U.S. Fire
Administration (USFA), a component of the Emergency Preparedness and Response
Directorate of DHS. Although the fire grant program is currently located in ODP, USFA
continues to participate in the grant administration process. On January 26, 2004, DHS
Secretary Ridge informed Congress of his intention to consolidate ODP, including the
Assistance to Firefighters Program, into the Office of State and Local Government
Coordination Preparedness (SLGCP).
CRS-2
and detection; and providing incentives for the recruitment and retention of volunteer
firefighters. The DHS has the discretion to decide which of those purposes will be
funded for a given grant year. Since the program commenced in FY2001, the
majority of fire grant funding has been used by fire departments to purchase
firefighting equipment, personal protective equipment, and firefighting vehicles. At
present, the program does not award funding for major building construction or for
hiring of personnel.
Eligible applicants are limited Eligible applicants are limited primarily to fire departments (defined as an
agency or
organization that has a formally recognized arrangement with a state, local,
or tribal
authority to provide fire suppression, fire prevention and rescue services to a
a population within a fixed geographical area). Emergency Medical Services (EMS)
activities are eligible for fire grants, but only those which fall organizationally under
the auspices of a fire department. including a limited number (no more than 2%
of funds allocated) to EMS organizations not affiliated with fire departments.
Additionally, a separate competition is held for
“ fire prevention and safety grants”firefighter safety
research and development grants, which are available to national, state, local, or
community fire prevention or safety organizations (including, but not limited to, fire
departments).4 For official program guidelines, frequently-asked-questions, the
latest awards announcements, and other information, see the Assistance to
Firefighters grant program web page at [http://www.usfa.fema.gov
/fire-service/grants/afgp/grants.shtmfiregrantsupport.com/].
The fire grant program is in its fourth year (FY2004)entering its fifth year. Table 1 shows the fire
grant’s
appropriations history. Nearly $2Over $2.6 billion havehas been appropriated to the fire
grant grant
program since FY2001, its first year. For FY2005, the Administration
requested requested
$500 million for the fire grant program. The House passed the FY2005
Homeland Homeland
Security Appropriations Act (H.R. 4567) on June 18, 2004. H.R. 4567
provides $600
million for firefighter grants in FY2005, and funds the program within
the Office for
State and Local Government Coordination and Preparedness
(OSLGCP).
In its bill
report (H.Rept. 108-541), the House Appropriations
Committee expressed concern
over language in the Administration proposal that
would shift the grant to terrorism,
and the proposed deletion of several eligible
activities for fire grants, specifically,
wellness and fitness programs, emergency
medical services, fire prevention
programs, public education programs, and
modifications of facilities for health and
safety of personnel. The Committee also
emphasized that fire grants must continue
to be administered in a manner identical
to FY2003, including a peer review process
of applications, granting funds directly
to local fire departments, and the inclusion
of the United States Fire Administration
during grant administration.
On June 17, 2004, the Senate Appropriations Committee reported S. 2537
(S.Rept. 108-280), its version of the FY2005 Homeland Security Appropriations bill.
The Senate Appropriations Committee recommends $700 million for fire grants in
FY2005, and, like the House, funds the program under the OSLGCP. Also similar
to the House version, the Senate bill does not include bill language, requested in the
Administration proposal, which would refocus the program on enhancing terrorism
preparedness. The Committee directs DHS “to continue the present practice of
4
“Fire prevention and safety grants” are distinct from fire grants for prevention activities
given exclusively to fire departments under the primary fire grant program.
CRS-3
funding applications according to local priorities and those established by the
USFA.”
Table 1. Appropriations for Assistance to Firefighters Program,
FY2001 - FY2004
FY2001
FY2002
$100 million
$360 million
FY2003
FY2004
Total, FY2001FY2004
$745 million
$746 million
$1.95 billion
FY2001 Grants
funding applications according to local priorities and those established by the
USFA.” The Senate passed its version of the FY2005 Homeland Security
Appropriations bill on September 14, 2004. During floor consideration of the bill,
an addition of $50 million was approved for fire grants, bringing the Senate level to
$750 million.
The Conference Agreement on H.R. 4567 (H.Rept. 108-774) sets the fire grants
program at $650 million for FY2005. The Conferees reiterated concerns over the
Administration’s proposal to shift grant focus from all-hazards to terrorism, and
4
“Fire prevention and safety grants” are distinct from fire grants for prevention activities
given exclusively to fire departments under the primary fire grant program.
CRS-3
directed that all currently eligible activities should continue to be funded. The
Conference Report stated that the fire grant program should be administered by the
Office of State and Local Government Coordination and Preparedness, and that the
USFA should be included in the grant administration process. The House approved
the Conference Report on October 9, 2004; it was approved by the Senate on October
11. The bill was signed into law (P.L. 108-334) on October 18, 2004.
Table 1. Appropriations for Assistance to Firefighters Program,
FY2001 - FY2005
Appropriation
FY2001
$100 million
FY2002
$360 million
FY2003
$745 million
FY2004
$746 million
FY2005
$650 million
Total, FY2001-FY2005
$2.6 billion
FY2001 Grants
On December 21, 2000, President Clinton signed into law the Consolidated
Appropriations Act 2001 (H.R. 5666; P.L. 106-554). P.L. 106-554 provided $100
million in FY2001 funding for the Assistance to Firefighters Program.
For the initial year of the program, the Federal Emergency Management
Agency/U.S. Fire Administration (FEMA/USFA) received 31,295 grant applications
from 18,915 fire departments, totaling $2.99 billion in requests. Between July 23 and
September 30, 2001, FEMA/USFA awarded 1,855 grants to local fire departments
throughout the nation, and 31 grants to fire prevention or safety organizations, for a
total of 1,886 grants worth $96,586,668. Table 2 provides a breakdown of FY2001
award recipients by category.
CRS-4
Table 2. FY2001 Fire Grant Award Recipients, By Category
Category
Number of Awards
Amount of Awards
Training
160
$5,199,356
Wellness & Fitness
168
$8,256,720
Vehicles
208
$20,412,605
Fire Prevention
209
$9,071,484
Fire Fighting Equipment
404
$14,919,463
Personal Protective
Equipment
706
$34,136,809
Total, Fire grants
1,855
$91,996,439
31
$4,590,156
1,886
$96,586,668
Fire Prevention and Safety
Grants
TOTAL
Source: U.S. Fire Administration
CRS-4
FY2002 Grants
In
FY2002 Grants
In its preliminary FY2002 budget document, “Blueprint for a New Beginning,”
the Bush Administration proposed abolishing the fire grant program, arguing that it
did not represent an appropriate responsibility of the federal government. After
intense opposition from the fire community, the Administration reversed its position
and proposed $100 million in FY2002 for the Assistance to Firefighters Program.
The November 6, 2001 House-Senate conference agreement (H.Rept. 107-272) set
the Assistance to Firefighters Program at $150 million for FY2002. The FY2002
VA-HUD appropriations act was signed into law (P.L. 107-73) on November 26,
2001. Supplemental FY2002 funding for the firefighter grant program was provided
in the homeland security package contained in the FY2002 Defense Appropriations
Act (P.L. 107-117, H.R. 3338), signed into law on January 10, 2002. P.L. 107-117
appropriated an additional $210 million in FY2002 funding for the Assistance to
Firefighters grant program. Thus, the total FY2002 appropriation for the fire grant
program was $360 million.
In FY2002, USFA received over 19,900 applications requesting a total of $2.98
billion. Volunteer and combination5 fire departments accounted for approximately
91% of applications, with career departments filing the remaining 9%.6 In all, $334
5
A “combination fire department” is a fire department with a mixture of paid and volunteer
personnel.
6
Department of Homeland Security, Office of Inspections, Evaluations, and Special
(continued...)
CRS-5
million in grant money was awarded in FY2002 in four broad program areas: fire
operations and firefighter safety; firefighting vehicles; emergency medical services;
and fire prevention programs. USFA began announcing FY2002 awards on July 11,
2002.7 Table 3 provides a breakdown of FY2002 award recipients by category.
Table 3. FY2002 Awards Recipient, By Category
Category
Number of Awards
Amount of Awards
4,731
$281,091,066
Fire Prevention
215
$10,926,998
Firefighting Vehicles
315
$39,277,630
Emergency Medical
Services
53
$3,069,736
Total, Fire Grants
5,314
$334,365,430
51
$4,806,165
5,365
$339,171,595
Fire Operations &
Firefighter Safety
Fire Prevention and Safety
Grants
TOTAL
Source: U.S. Fire Administration
FY2003 Grants
The President’s FY2003 budget proposal sought to transfer $150 million of
funding for the Assistance to Firefighter Program into FEMA’s newly formed Office
of National Preparedness, where the fire grant program would be incorporated into
the President’s proposed $3.5 billion First Responder grant program. The 107th
Congress was not able to complete passage of the VA-HUD-Independent Agencies
appropriation for FY2003. In the 108th Congress, the FY2003 Omnibus
Appropriations (P.L. 108-7;H.J.Res 2) was signed into law on February 20, 2003, and
provides $745 million to the Assistance to Firefighters Program. P.L. 108-7
established a separate appropriations account for the program — “Firefighter
Assistance Grants.”
The FY2003 grant application period began on March 10, 2003, and ended on
April 11, 2003. About 19,950 applications were received, requesting approximately
$2.5 billion in funding (including both the federal and nonfederal share).
Approximately $2 billion in federal funding was requested. The first round of
awards was announced on June 12, 2003; the final round (35th Round) was
announced on March 5, 2004 (see Table 4). Separate fire prevention and safety
awards (totaling $27.5 million) will also be awarded. The first round of fire
prevention and safety awards was announced on April 9, 2004.
5
A “combination fire department” is a fire department with a mixture of paid and volunteer
personnel.
6
Department of Homeland Security, Office of Inspections, Evaluations, and Special
6
(...continued)
Reviews, A Review of the Assistance to Firefighters Grant Program, OIG-ISP-01-03,
September 2003, p. 39.
7
For award totals and recipients, see [http://www.usfa.fema.gov/fire-service/grants/afgp/
awards/2002awards/02awards.shtm].
CRS-56
awards (totaling $27.5 million) are also awarded. The first round of fire prevention
and safety awards was announced on April 9, 2004.
Table 4. FY2003 Award Recipients, By Category
Category
Fire Operations &
Firefighter Safety
Fire Prevention
Firefighting Vehicles
Emergency Medical
Services
Total, Fire grants
Fire Prevention and Safety
Grants (First, Second, and
Third 1st through 6th
Rounds)
TOTAL
Source: U.S. Fire Administration
Number of Awards
Amount of Awards
6,901
$492,671,198
295
$14,070,509
1,367
$184,233,676
67
$4,145,676
8,630
$695,121,059
270
$14,871,553
8,900
$709,992,612
FY2004 Grants398
$19,469,083
9,028
$714,590,142
FY2004 Grants
The Administration’s FY2004 budget requested $500 million for the Assistance
to Firefighters Program. The budget proposal sought to fund the fire grant program
as part of the $3.5 billion Office for Domestic Preparedness, located within the
Department of Homeland Security’s Directorate of Border and Transportation
Security. The FY2004 Department of Homeland Security Appropriations Act P.L.
108-90) funded fire grants at $746 million for FY2004, and provided fire grant
funding as a separate appropriation within the Office for Domestic Preparedness.
The Conference Report (H.Rept. 108-280) specified that DHS shall “continue current
administrative practices in a manner identical to the current fiscal year, including a
peer review process of applications, granting funds directly to local fire departments,
and the inclusion of the United States Fire Administration during grant
administration.”
Beginning in FY2004, the fire grant program is administered by the Office for
Domestic Preparedness. The application period for the FY2004 Assistance to
Firefighters Grant Program opened on March 1, 2004 and closed on April 2, 2004.
Funding is available in three categories: fire operations and firefighter safety, fire
prevention, and firefighting vehicles. Grants for preparedness for weapons of mass
destruction (WMD) incidents has been specifically added in all three categories.
ODP plans to direct grant money to “WMD Priority Communities” — primarily
high-threat urban areas.8 For official program guidelines, frequently-asked-questions,
8
Office of Domestic Preparedness, Department of Homeland Security, 2004 Assistance to
(continued...)
CRS-7
the latest awards announcements, and other information, see the Assistance to
Firefighters grant program web page at [http://www.firegrantsupport.com].
The application period for the FY2004 grants opened on March 1, 2004 and
closed on April 2. Over 20,000 applications were received, requesting approximately
$2.664 billion in funding (including both the federal and nonfederal share).
Approximately $2.345 billion in federal funding was requested. The first round of
awards was announced on June 4, 2004. Subsequent rounds are announced weekly.
Program Evaluation
On May 13, 2003, the USFA released the first independent evaluation of the
Assistance to Firefighters Program. Conducted by the U.S. Department of
Agriculture’s Leadership Development Academy Executive Potential Program, the
survey study presented a number of recommendations and concluded overall that the
program was “highly effective in improving the readiness and capabilities of
firefighters across the nation.”89 Another evaluation of the fire grant program was
released by the DHS Office of Inspector General in September 2003. The report
concluded that the program “succeeded in achieving a balanced distribution of
funding through a competitive grant process,”910 and made a number of specific
recommendations for improving the program.
The Administration’s FY2005 budget proposal is accompanied by program
evaluations called the Program Assessment Rating Tool (PART). PART gave the
fire grant program a rating of “Results Not Demonstrated,” and found that “the
8
9
For full report see [http://www.usfa.fema.gov/downloads/pdf/affgp-fy01-usda-report.pdf].
Department of Homeland Security, Office of Inspections, Evaluations, and Special
Reviews, “A Review of the Assistance to Firefighters Grant Program,” OIG-ISP-01-03,
September 2003, p. 3. Available at [http://www.dhs.gov/interweb/assetlibrary/OIG_
Review_Fire_Assist.pdf].
CRS-6
program is unfocused and has not been able to demonstrate its impact on public
safety, though the grant administration process is generally well-managed.” The
PART recommendation is as follows: “In 2004, ODP will strengthen performance
measures and place greater emphasis on the unique role of Federal funds, particularly
for terrorism preparedness. In addition, $250 million is shifted to grants for ‘highthreat’ urban areas.”1011
Distribution of Fire Grants
As discussed above, theThe Fire Act statute provides overall guidelines on how fire
grant money will
be distributed and administered. The law provides that at least 5%
of the funds go to prevention programs, that recipients agree to contribute a 30%
nonfederal match (10% for fire departments serving jurisdictions of 50,000 or less),
that a grant recipient may not receive more than $750,000 for any fiscal year, and that
volunteer departments receive a proportion of the total grant funding that is not less
than the proportion of the U.S. population that those departments protect (currently
55%)directs that volunteer departments receive
a proportion of the total grant funding that is not less than the proportion of the U.S.
population that those departments protect (currently 55%). The Assistance to
8
(...continued)
Firefighters Grant Program, Workshop for New Applicants, power point presentation
available at [http://www.firegrantsupport.com/present.aspx]
9
For full report see [http://www.usfa.fema.gov/downloads/pdf/affgp-fy01-usda-report.pdf].
10
Department of Homeland Security, Office of Inspections, Evaluations, and Special
Reviews, “A Review of the Assistance to Firefighters Grant Program,” OIG-ISP-01-03,
September 2003, p. 3. Available at [http://www.dhs.gov/interweb/assetlibrary/OIG_
Review_Fire_Assist.pdf].
11
Budget of the United States Government, FY2005, p. 177.
CRS-8
Firefighters Grant Program Reauthorization Act of 2004 (Title XXXVI of P.L.108375) raised award caps and lowered nonfederal matching requirements (based on
recipient community population), extended eligibility to nonaffiliated emergency
medical services (i.e. ambulance services not affiliated with fire departments), and
expanded the scope of grants to include firefighter safety R&D. The reauthorization
legislation also designates the USFA Administrator as the administering authority of
the fire grant program.
There is no set geographical formula for the distribution of fire grants – fire
departments throughout the nation apply, and award decisions are made by a peer
panel based on the merits of the application and the needs of the community.
However, the law does require that fire grants should be distributed to a diverse mix
of fire departments, with respect to type of department (paid, volunteer, or
combination), geographic location, and type of community served (e.g. urban,
suburban, or rural).1112 The Fire Act’s implementing regulation provides that:
In a few cases, to fulfill our obligations under the law to make grants to a
variety variety
of departments, we may also make funding decisions using rank
order as the
preliminary basis, and then analyze the type of fire department
(paid, volunteer,
or combination fire departments), the size and character
of the community it
serves (urban, suburban, or rural), and/or the
geographic location of the fire
department. In these instances where we are
making decisions based on
geographic location, we will use States as the
basic geographic unit.12
13
According to the FY2004 Program Guidance for the Assistance to Firefighters
Program, career (paid) departments will be competingcompete against other career
departments for
up to 45% of the available funding, while volunteer and combination
departments departments
will compete for at least 55% of the available funding. However, given
that less than 10 percent
10% of fire grant applications are historically received from
career departments,
funding levels are likely not to reach the 45% ceiling for career
departments.13 14
Additionally, each fire department that applies is classified as either
10
Budget of the United States Government, FY2005, p. 177.
11
15 U.S.C. 2229(b)(9)
12
44 CFR Part 152.6(c)
13
Department of Homeland Security, Program Guidance for the 2004 Assistance to
(continued...)
CRS-7
urban, suburban,
or rural. The Bush Administration’s Program Assessment Rating
Tool (PART) that
accompanied the FY2005 budget proposal notes that in FY2002,
9% of fire grant
funds went to urban areas, 20% to suburban areas, and the rest (71%)
went to rural
areas.
Finally, in an effort to maximize the diversity of awardees, the geographic
location of an applicant (using states as the basic geographic unit) is used as a
deciding factor in cases where applicants have similar qualifications.1415 Table 6
shows a state-by-state breakdown of fire grant funding for fiscal years 2001 through
2003. Table 7 provides an in-depth look at the FY2003 grants, showing, for each
12
15 U.S.C. 2229(b)(9)
13
44 CFR Part 152.6(c)
14
Department of Homeland Security, Program Guidance for the 2004 Assistance to
Firefighters Program, February 2004, p. 24.
15
Ibid.
CRS-9
state, the number of fire departments in each state,1516 the number of fire grant
applications, the total amount requested, the total amount awarded, and the amount
of funds awarded as a percentage of funds requested. As Table 7 shows, fire
departments in a given state cumulatively averaged about 33% of the funds they
requested in FY2003.
Activities in the 108th Congress
Fire Act Reauthorization. Currently, theThe authorization for the original Fire Act
(Section 33 of the Federal Fire Prevention and Control Act, 15 USC 2229) extendsextended
through FY2004. On April 1, 2004, Representative Boehlert introduced H.R. 4107
– the Assistance to Firefighters Grant Reauthorization Act of 2004. H.R. 4107 would
extendhave extended the authorization (at a yearly level of $900 million) through FY2007. The
The USFA Administrator iswas specifically designated as the entity who shall
administer the
program. Additionally, H.R. 4107 seekssought to increase the current
award caps for grant
recipients, while reducing required cost-sharing nonfederal
matches. Of perhaps
greatest controversy iswas a provision which would prohibit
grant recipients from
discriminating against or prohibiting firefighters from engaging
in volunteer
firefighting activities in other jurisdictions during off-duty hours. The House
House Committee on Science held a hearing on H.R. 4107 on May 12, 2004.
On May 11, 2004, the Senate version of the fire grant reauthorization was
introduced by Senator Dodd. S. 2411, the Assistance to Firefighters Act of 2004,
would authorizehave authorized the fire grant program through FY2010 and designate the Secretary
designated the
Secretary of the Department of Homeland Security as the program’s administering
authority.
Unlike the House bill, S. 2411 doesdid not contain a provision on volunteer firefighter
firefighter discrimination. On June 17, 2004, the text of S. 2411 was adopted as an amendment
amendment (offered by Senator Dodd) to the FY2005 National Defense
Authorization Act (S.
2400, Division D, Sections 4001-4013). On June 23, 2004, S. 2400 was passed by
13
(...continued)
Firefighters Program, February 2004, p. 24.
14
15
Ibid.
2400 was passed by the Senate and incorporated into the House-passed Defense
Authorization bill (H.R. 4200). The Senate Committee on Commerce, Science and
Transportation held a hearing on S. 2411 on July 8, 2004.
On October 9, 2004 the House and Senate approved the Conference Agreement
on H.R. 4200 (H.Rept. 108-767). Title XXXVI of H.R. 4200 (Assistance to
Firefighters Grant Program Reauthorization Act of 2004) reauthorizes the fire grant
program at $900 million for FY2005, $950 million for FY2006, and $1 billion for
each of the fiscal years 2007 through 2009. Award caps are raised, nonfederal
matching requirements are lowered, eligibility is extended to include nonaffiliated
emergency medical services (i.e. ambulance services not affiliated with fire
departments), and the scope of grants is expanded to include firefighter safety R&D.
H.R. 4200 does not contain the provision on volunteer firefighter discrimination.
16
The fire grant program sets a limit of one application per fire department. Thus, the
number of fire departments in a state plays a major factor in the number of fire grant
applications submitted and the amount of total funding awarded within a given state. For
example, because Pennsylvania has – by far – the largest number of fire departments, it is
not surprising that it leads the nation in the number of fire grants applications and the
amount of funding awarded.
CRS-8
the Senate and incorporated into the House-passed Defense Authorization bill (H.R.
4200). The Senate Committee on Commerce, Science and Transportation held a
hearing on S. 2411 on July 8, 2004. Table 5 provides a detailed comparison of the
House and Senate reauthorization bills.
Table 5. Comparison of House and Senate Fire Grant
Reauthorization Bills
H.R. 4107 – Assistance to
Firefighters Grant Reauthorization
Act of 2004 (as introduced)
S. 2400/S. 2411 – Assistance to
Firefighters Act of 2004 (as passed)
Places program under the authority of
the USFA Administrator
Places program under the authority of the
Secretary of Homeland Security
Grant recipient limits:
$3 million – populations over 1 million
$2 million --500K to 1 million
$1 million – under 500K
Grant recipient limits:
$2.25 million – populations over 1 million
$1.510
The reauthorization legislation designates the USFA Administrator as the
administering authority of the fire grant program. H.R. 4200 was signed into law
(P.L. 108-375) by the President on October 28, 2004. Table 5 provides a summary
of key provisions of the Assistance to Firefighters Grant Program Reauthorization
Act of 2004.
Table 5. Major Provisions of the Assistance to Firefighters
Grant Program Reauthorization Act
Assistance to Firefighters Grant Program Reauthorization Act of 2004,
Section XXXVI of P.L. 108-375, FY05 National Defense Authorization Act
Places program under the authority of the USFA Administrator
Grant recipient limits:
$2.75 million – populations over 1 million $1.75 million --500K to 1 million
$1 million – under 500K
DHS can waive these limits in instances of
extraordinary need
Nonfederal match requirements:
20% for populations over 50K
10% for populations under 50K
No match requirement for prevention
and firefighter safety grants
extraordinary need
Nonfederal match requirements:
20% for populations over 50K
10% for populations 20K to 50K
5% for populations less than 20K
No match requirement for prevention and
firefighter safety grants
Prohibit grant recipients from
discriminating against or prohibiting
firefighters from engaging in volunteer
firefighting activities in other
jurisdictions during off-duty hours
No comparable provision
Authorized for three years:
FY2005 – $900 million
FY2006 – $900 million
FY2007 – $900 million
Authorized for six firefighter safety grants
Authorized for five years:
FY2005 – $900 million
FY2006 – $950 million
FY2007 – $1 billion
FY2008 – $1 billion
FY2009 – $1 billion
FY2010 – $1 billion
Expands grant eligibility to volunteer
emergency medical service squads,
capped at 4%
Expands grant eligibility to volunteer
emergency medical service squads, capped
at 3.5%
No comparable provision
Provides grants for fire departments to
acquire automated external defibrillator
devices (AEDs)
Provides grants for firefighter health and
safety
Provides grants for firefighter health and
safety
CRS-9
H.R. 4107 – Assistance to
Firefighters Grant Reauthorization
Act of 2004 (as introduced)
S. 2400/S. 2411 – Assistance to
Firefighters Act of 2004 (as passed)
emergency medical service squads, not less than 3.5% of
fire grant money for EMS, but no more than 2% for nonaffiliated EMS
Provides grants for firefighter health and safety R&D
Requires the USFA Administrator to
convene an annual meeting of nonfederal fire service experts to
recommend criteria for awarding grants
and administrative changes
Requires the Secretary of Homeland
Security to convene an annual meeting of
convene an annual meeting of non-federal fire
service experts to
recommend criteria for awarding grants
and administrative changes
Requires fire service peer review of
grant applications
Requires fire service peer review of grant
applications
Requires the USFA to conduct a
$300,000, 18-month study on the need
for federal assistance to state and local
communities to fund firefighting and
emergency response activities
Requires the Secretary of Homeland
Security and administrative changes
Requires fire service peer review of grant applications
Requires the USFA, in conjunction with the National
Fire Protection Association, to
conduct a
$300,000, 18-month study to assess the
effect and need for federal funding by fire
services
Requires GAO report on the
administration of fire grant assistance and
the success of the Secretary in
administering FEMAon the fire grant program and the need for federal
assistance to state and local communities to fund firefighting and emergency response
activities
SAFER Act. In the first session of the 108th Congress, Congress enacted the
Staffing for Adequate Fire and Emergency Response (SAFER) Act as Section 1057
of the FY2004 National Defense Authorization Act (P.L. 108-136; signed into law
November 24, 2003). The SAFER Act authorizes federal grants of over $1 billion
per year through 2010 directly to fire departments for the hiring of personnel. The
SAFER Act gives the U.S. Fire Administrator authority to issue four-year grants for
CRS-11
new hires, with the condition that the recipient fire department must assume an
increasing percentage of the cost in each year. The SAFER provision is an
authorization; the program can not be implemented until Congress appropriates
money specifically for that purpose. No money was appropriated for
SAFER grants
in FY2004.
Whether or not the SAFER Act should be funded has proven controversial. The
Bush Administration has requested no funding for SAFER grants in FY2005. While
firefighters argueargued that inadequate state and local budgets leave many fire departments
departments critically understaffed and in need of federal assistance, the Administration argues
Administration argued that funding local firefighter hiring iswas not an appropriate
federal role. On June 17,
2004, Representative Curt Weldon offered a floor
amendment to the FY2005
Homeland Security Appropriations bill (H.R. 4567) which
would provide $50
have provided $50 million for SAFER grants in FY2005. The amendment
was adopted and the bill was
subsequently passed by the House on June 18, 2004. To date, no money for the
SAFER Act has been included in the Senate version of the FY2005 Department of
Homeland Security Appropriations bill (S. 2537).
CRS-10
On September 14, 2004, the Senate adopted an amendment offered by Senator Dodd
to H.R. 4567 which would have provide $100 million for the SAFER Act. The final
Conference Agreement on H.R. 4567 (H.Rept. 108-774) provides SAFER Act grants
with $65 million for FY2005. The FY2005 Homeland Security Appropriations bill
(P.L. 108-334) was signed by the President on October 18, 2004. DHS is currently
preparing regulations and guidelines on implementing the SAFER program.
CRS-12
Table 6. State-by-State Distribution of Fire Grants,
FY2001-FY2003
(millions of dollars)
FY2001
FY2002
Alabama
3.085
12.503
23.329
38.917
Alaska
1.303
2.641
5.242
9.186
Arizona
1.37
3.6
7.490
12.46
Arkansas
1.337
4.635
10.675
16.647
California
5.905
18.978
30.060
54.943
Colorado
1.003
3.968
6.168
11.139
Connecticut
1.828
4.675
10.841
17.344
Delaware
0.132
0.372
1.096
1.6
0
0.22
0
0.22
Florida
2.865
10.16
16.344
29.369
Georgia
2.375
6.079
13.791
22.245
0
1.182
0.947
2.129
Idaho
0.916
2.744
6.001
9.661
Illinois
2.417
13.398
28.810
44.625
Indiana
2.703
8.739
20.456
31.898
Iowa
1.301
7.284
16.087
24.672
Kansas
1.153
5.118
10.850
17.121
Kentucky
2.215
7.896
19.832
29.943
Louisiana
3.344
10.084
12.248
25.676
Maine
1.296
4.319
10.323
15.938
Maryland
0.739
4.08
8.153
12.972
Massachusetts
2.301
8.386
15.715
26.402
Michigan
2.815
8.948
17.247
29.01
Minnesota
2.133
8.149
17.510
27.792
Mississippi
1.763
6.755
15.679
24.197
Missouri
3.079
10.291
19.573
32.943
Montana
1.164
3.726
8.361
13.251
Nebraska
1.034
2.392
7.820
11.246
Nevada
0.282
1.446
3.312
5.04
New Hampshire
0.594
1.887
4.584
7.065
New Jersey
2.596
6.339
19.982
28.917
New Mexico
1.455
3.463
5.048
9.966
New York
3.978
14.728
34.320
53.026
North Carolina
1.949
10.239
22.864
35.052
District of Columbia
Hawaii
FY2003
Total,
FY01-FY03
CRS-1113
FY2001
FY2002
North Dakota
0.546
2.613
5.105
8.264
Ohio
2.731
13.742
26.997
43.47
Oklahoma
1.864
4.939
10.540
17.343
Oregon
1.596
4.892
9.896
16.384
Pennsylvania
2.89
16.97
45.179
65.039
Rhode Island
0.407
1.507
2.327
4.241
South Carolina
1.554
5.257
11.832
18.643
South Dakota
0.904
3.142
5.602
9.648
2.46
11.509
19.306
33.275
3.697
15.644
29.264
48.605
0.9
2.754
4.628
8.282
Vermont
0.451
1.971
5.163
7.585
Virginia
2.066
8.79
15.816
26.672
Washington
1.535
7.544
18.808
27.887
West Virginia
1.067
3.966
9.942
14.975
Wisconsin
2.077
7.518
18.234
27.829
Wyoming
1.09
1.612
3.507
6.209
0.657
0.382
1.643
2.682
0
0.225
0
0.225
0.145
0
0
0.145
0
0.016
0
0.016
American Samoa
0.164
0
0
0.164
Virgin Islands
0.741
0
0.544
1.285
91.972
334.417
695.121
1,121.51
Tennessee
Texas
Utah
Puerto Rico
Saipan
Rota
Guam
TOTAL
Source: U.S. Fire Administration
FY2003
Total,
FY01-FY03
CRS-1214
Table 7. Requests and Awards for Fire Grant Funding, FY2003
Number of
Fire/EMS
Departments
(source:
firehouse.com)
Number of
Applications
Federal funds
requested
($millions)
Federal funds
awarded
($millions)
Funds awarded as a
percentage of funds
requested
Alabama
935
586
56.426
23.329
41.34%
Alaska
110
90
12.798
5.242
40.95%
Arizona
267
162
20.534
7.490
36.47%
Arkansas
818
441
31.120
10.675
34.30%
California
757
589
79.188
30.060
37.96%
Colorado
354
217
19.468
6.168
31.68%
Connecticut
365
227
31.609
10.841
34.29%
Delaware
72
33
3.990
1.096
27.46%
Dist. of Columbia
11
2
0.939
0
0%
Florida
696
366
47.715
16.344
34.25%
Georgia
767
358
38.870
13.791
35.47%
Hawaii
16
4
1.245
0.947
76.06%
Idaho
206
136
15.394
6.001
38.98%
Illinois
1041
862
92.147
28.810
31.26%
Indiana
621
527
64.139
20.456
31.89%
Iowa
856
587
49.335
16.087
32.60%
Kansas
664
364
29.886
10.850
36.30%
Kentucky
779
549
55.034
19.832
36.03%
Louisiana
538
337
34.856
12.248
35.13%
Maine
416
295
33.279
10.323
31.01%
Maryland
381
172
28.106
8.153
29.00%
Massachusetts
398
331
49.263
15.715
31.90%
Michigan
824
652
56.590
17.247
30.47%
Minnesota
755
526
46.814
17.510
37.40%
Mississippi
746
451
37.472
15.679
41.84%
Missouri
846
553
55.612
19.573
35.19%
Montana
271
224
16.966
8.361
49.28%
Nebraska
483
231
18.620
7.820
41.99%
CRS-1315
Number of
Fire/EMS
Departments
(source:
firehouse.com)
Number of
Applications
Federal funds
requested
($millions)
Federal funds
awarded
($millions)
Funds awarded as a
percentage of funds
requested
Nevada
151
74
10.390
3.312
31.87%
New Hampshire
247
158
14.480
4.584
31.65%
New Jersey
988
509
58.549
19.982
34.12%
New Mexico
324
135
15.375
5.048
32.83%
New York
1815
1245
120.489
34.320
28.48%
North Carolina
1372
717
81.267
22.864
28.13%
North Dakota
319
168
12.961
5.105
39.38%
1312
832
92.668
26.997
29.13%
Oklahoma
760
416
26.797
10.540
39.33%
Oregon
346
213
25.469
9.896
38.85%
Pennsylvania
2563
1660
191.967
45.179
23.53%
Rhode Island
95
56
7.203
2.327
32.30%
South Carolina
576
336
34.267
11.832
34.52%
South Dakota
341
209
15.710
5.602
35.65%
Tennessee
625
503
44.852
19.306
43.04%
Texas
1808
837
91.884
29.264
31.84%
Utah
218
137
14.282
4.628
32.40%
Vermont
248
156
14.579
5.163
35.41%
Virginia
769
340
42.583
15.816
37.14%
Washington
524
359
46.049
18.808
40.84%
West Virginia
465
278
32.995
9.942
30.13%
Wisconsin
881
585
53.424
18.234
34.13%
Wyoming
128
76
9.446
3.507
37.12%
31,822
19,949
2,093.800
695.121
33.19%
Ohio
TOTAL
Source: U.S. Fire Administration