Staffing for Adequate Fire and Emergency
Response: The SAFER Grant Program
Lennard G. Kruger
Specialist in Science and Technology Policy
April 10May 7, 2013
Congressional Research Service
7-5700
www.crs.gov
RL33375
CRS Report for Congress
Prepared for Members and Committees of Congress
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
Summary
In response to concerns over the adequacy of firefighter staffing, the Staffing for Adequate Fire
and Emergency Response Act, known as the SAFER Act, was enacted by the 108th Congress as
Section 1057 of the FY2004 National Defense Authorization Act (P.L. 108-136). The SAFER Act
authorizes grants to career, volunteer, and combination local fire departments for the purpose of
increasing the number of firefighters to help communities meet industry-minimum standards and
attain 24-hour staffing to provide adequate protection from fire and fire-related hazards. Also
authorized are grants to volunteer fire departments for recruitment and retention of volunteers.
SAFER is administered by the Federal Emergency Management Agency (FEMA) of the
Department of Homeland Security (DHS).
With the economic turndown adversely affecting budgets of local governments, concerns arose
that modifications to the SAFER statute may be necessary to enable fire departments to more
effectively and affordably participate in the program. Since FY2009, annual appropriations bills
have contained provisions that waive certain provisions of the SAFER statute. These provisions
included the length of the grant, maintenance of expenditure requirements, local matching
requirements, and grant caps. The waivers served to reduce the financial obligation on SAFER
grant recipients, and allowed SAFER grants to be used to rehire laid-off firefighters and to fill
positions lost through attrition.
The 112th Congress enacted the Fire Grants Reauthorization Act of 2012 (P.L. 112-239), which
reauthorized SAFER through FY2017; altered the grant distribution formula among career,
volunteer, combination, and paid-on-call fire departments; raised available funding for higher
population areas; and addressed waiver issues previously addressed in annual appropriations
legislation.
The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) funds SAFER
and AFG at $337 million each. Additionally, SAFER and AFG are subject to sequestration. Both
programs are part of FEMA’s State and Local Programs budget account, which is subject to a
5.0% cut. According to the Congressional Fire Service Institute, SAFER and AFG are expected to
be cut by 5%, which yields FY2013 budget levels of $320 million for SAFER and $320 million
for AFGDHS, the post-sequester FY2013 budget level for SAFER and AFG is
$320.92 million for AFG and $320.92 million for SAFER. However, the amount of grant money
available for SAFER and AFG is expected to be
virtually unchanged from FY2012, because
appropriations language provides that administrative
costs are to be derived from the FEMA
Salaries and Expense account.
The Administration’s FY2014 budget proposes $670 million for firefighter assistance, including
$335 million for SAFER and $335 million for AFG. Funding for management and administration
would be drawn from a separate FEMA account (Salaries and Expenses).
The 113th Congress will likely consider FY2014 and FY2015 budget appropriations for SAFER.
As is the case with many federal programs, concerns over the federal budget deficit could impact
budget levels. At the same time, firefighter assistance budgets will likely receive heightened
scrutiny from the fire community, given the local budgetary cutbacks that many fire departments
are now facing. The 113th Congress will also likely examine the impact of new SAFER hiring
grant guidelines mandated by P.L. 112-239, the Fire Grants Reauthorization Act of 2012. The
continuing issue is how effectively grants are being distributed and used to protect the health and
safety of the public and firefighting personnel against fire and fire-related hazards.
Congressional Research Service
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
Congressional Research Service
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
Contents
Background and Genesis of SAFER ................................................................................................ 1
The SAFER Act ............................................................................................................................... 2
SAFER Reauthorization .................................................................................................................. 2
Appropriations ................................................................................................................................. 4
FY2012 ...................................................................................................................................... 5
FY2013 ...................................................................................................................................... 6
FY2014 ...................................................................................................................................... 7
SAFER Provisions in Jobs Legislation ...................................................................................... 7
Waiver of SAFER Requirements ..................................................................................................... 8
Implementation of the SAFER Program .......................................................................................... 9
Issues in the 113th Congress ............................................................................................................. 9
Tables
Table 1. Key SAFER Provisions of Fire Grant Reauthorization ..................................................... 3
Table 2. Appropriations for Firefighter Assistance, FY2001-FY2013............................................. 4
Table 3. Recent and Proposed Appropriations for Firefighter Assistance ....................................... 5
Table 4. State-by-State Distribution of SAFER Grants, FY2005-FY2011 ..................................... 9
Contacts
Author Contact Information........................................................................................................... 11
Congressional Research Service
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
Background and Genesis of SAFER
Firefighting and the provision of fire protection services to the public is traditionally a local
responsibility, funded primarily by state, county, and municipal governments. During the 1990s,
however, shortfalls in state and local budgets—coupled with increased responsibilities (i.e.,
counterterrorism) of local fire departments—led many in the fire community to call for additional
financial support from the federal government. Since enactment of the FIRE Act1 in the 106th
Congress, the Assistance to Firefighters Grants (AFG) program (also known as “fire grants” and
“FIRE Act grants”) has provided funding for equipment and training directly from the federal
government to local fire departments.2
Since the fire grant program commenced in FY2001, funding has been used by fire departments
to purchase firefighting equipment, personal protective equipment, and firefighting vehicles.
Many in the fire-service community argued that notwithstanding the fire grant program, there
remained a pressing need for an additional federal grant program to assist fire departments in the
hiring of firefighters and the recruitment and retention of volunteer firefighters. They asserted that
without federal assistance, many local fire departments would continue to be unable to meet
national consensus standards for minimum staffing levels, which specify at least four firefighters
per responding fire vehicle (or five or six firefighters in hazardous or high-risk areas).3 Fireservice advocates also pointed to the Community Oriented Policing Services (COPS) program4 as
a compelling precedent of federal assistance for the hiring of local public safety personnel.
In support of SAFER, fire-service advocates cited studies performed by the U.S. Fire
Administration and the National Fire Protection Association,5 the Boston Globe,6 and the National
Institute for Occupational Safety and Health (NIOSH)7 which concluded that many fire
departments fall below minimum standards for personnel levels. According to these studies, the
result of this shortfall can lead to inadequate response to different types of emergency incidents,
substandard response times, and an increased risk of firefighter fatalities.
1
Title XVII of the FY2001 Floyd D. Spence National Defense Authorization Act (P.L. 106-398).
For more information, see CRS Report RL32341, Assistance to Firefighters Program: Distribution of Fire Grant
Funding, by Lennard G. Kruger.
3
These refer to consensus standards developed by the National Fire Protection Association (NFPA): NFPA 1710
(“Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and
Special Operations to the Public by Career Fire Departments”), and NFPA 1720 (“Standard for the Organization and
Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by
Volunteer Fire Departments”). NFPA standards are voluntary unless adopted as law by governments at the local, state,
or federal level, and are also often considered by insurance companies when establishing rates. Another applicable
standard to this debate is the federal Occupational Safety and Health Administration (OSHA) standard on respiratory
protection in structural firefighting situations (29 CFR 1910.134(g)), which requires at least four firefighters (two in
and two for backup) before entering a hazardous environment wearing a Self-Contained Breathing Apparatus.
4
For more information on the COPS program, see CRS Report RL33308, Community Oriented Policing Services
(COPS): Background and Funding, by Nathan James.
5
National Fire Protection Association, Third Needs Assessment of the U.S. Fire Service, June 2011, available at
http://www.nfpa.org/assets/files//2011NeedsAssessment.pdf.
6
Dedman, Bill, “Deadly Delays: The Decline of Fire Response,” Boston Globe Special Report, January 30, 2005.
Available at http://www.boston.com/news/specials/fires/.
7
National Institute for Occupational Safety and Health, “National Institute for Occupational Safety and Health
(NIOSH) Fire Fighter Fatality Investigation and Prevention Program, 1998 - 2005,” March 2006, 16 p. Available at
http://www.cdc.gov/niosh/fire/pdfs/progress.pdf.
2
Congressional Research Service
1
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
On the other hand, those opposed to SAFER grants have contended that funding for basic local
government functions—such as paying for firefighter salaries—should not be assumed by the
federal government, particularly at a time of high budget deficits. Also, some SAFER opponents
disagree that below-standard levels in firefighting personnel are necessarily problematic, and
point to statistics indicating that the number of structural fires in the United States has continued
to decline over the past 20 years.8
The SAFER Act
In response to concerns over the adequacy of firefighter staffing, the Staffing for Adequate Fire
and Emergency Response Act—popularly called the “SAFER Act”—was introduced into the
107th and 108th Congresses.9 The 108th Congress enacted the SAFER Act as Section 1057 of the
FY2004 National Defense Authorization Act (P.L. 108-136; signed into law November 24, 2003).
The SAFER provision was added as an amendment to S. 1050 on the Senate floor (S.Amdt. 785,
sponsored by Senator Dodd) and modified in the FY2004 Defense Authorization conference
report (H.Rept. 108-354). The SAFER grant program is codified as Section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
The SAFER Act authorizes grants to career, volunteer, and combination fire departments for the
purpose of increasing the number of firefighters to help communities meet industry-minimum
standards and attain 24-hour staffing to provide adequate protection from fire and fire-related
hazards. Also authorized are grants to volunteer fire departments for activities related to the
recruitment and retention of volunteers.
SAFER Reauthorization
On January 2, 2013, the President signed P.L. 112-239, the FY2013 National Defense
Authorization Act. Title XVIII, Subtitle A is the Fire Grants Reauthorization Act of 2012, which
significantly amends the SAFER statute (15 U.S.C. 2229a) and authorizes the SAFER program
through FY2017. Table 1 provides a summary of key SAFER provisions in the 2012
reauthorization, and provides a comparison with the previous version of the SAFER statute.
Two types of grants are authorized by the SAFER Act: hiring grants and recruitment and retention
grants. Hiring grants cover a three-year term and are cost shared with the local jurisdiction.
According to the amended statute, the federal share shall not exceed 75% in the first year of the
grant, 75% in the second year, and 35% in the third year. While the majority of hiring grants will
be awarded to career and combination fire departments, the SAFER Act specifies that 10% of the
total SAFER appropriation be awarded to volunteer or majority-volunteer departments for the
hiring of personnel.
8
See Lehrer, Eli, “Do We Need More Firefighters?” Weekly Standard, April 12, 2004, p. 21-22. Available at
http://www.sipr.org/default.aspx?action=PublicationDetails&id=44. See also Easterbrook, Gregg, “Where’s the Fire?”
New Republic Online, August 9, 2004. Available at http://www.tnr.com/doc.mhtml?i=express&s=easterbrook080904.
9
107th Congress: S. 1617 (Dodd), H.R. 3992 (Boehlert), H.R. 3185 (Green, Gene). 108th Congress: S. 544 (Dodd),
H.R. 1118 (Boehlert).
Congressional Research Service
2
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
Additionally, at least 10% of the total SAFER appropriation is set aside for recruitment and
retention grants, which are available to volunteer and combination fire departments for activities
related to the recruitment and retention of volunteer firefighters. Also eligible for recruitment and
retention grants are local and statewide organizations that represent the interests of volunteer
firefighters. No local cost sharing is required for recruitment and retention grants.
Table 1. Key SAFER Provisions of Fire Grant Reauthorization
Previous Statute (15 U.S.C. 2229a)
Fire Grant Reauthorization Act of 2012 (Title
XVIII of P.L. 112-239)
grant period is 4 years, grantees are required to retain
for at least 1 year beyond the termination of their grants
those firefighter positions hired under the grant
shortens the grant period to three years, with no
requirement that fire departments must retain SAFER
funded firefighters for an extra year
year 1—10% local match
year 2—20% local match
year 3—50% local match
year 4—70% local match
year 1—25% local match
year 2—25% local match
year 3—65% local match
total funding over 4 years for hiring a firefighter may not
exceed $100K, adjusted annually for inflation
for the first year, the amount of funding provided for
hiring a firefighter may not exceed 75% of the usual
annual cost of a first-year firefighter in that department
at the time the grant application was submitted
for the second year, the amount of funding provided for
hiring a firefighter may not exceed 75% of the usual
annual cost of a first-year firefighter in that department
at the time the grant application was submitted
for the third year, the amount of funding provided for
hiring a firefighter may not exceed 35% of the usual
annual cost of a first-year firefighter in that department
at the time the grant application was submitted
state, local, and Indian tribal governments eligible for
recruitment and retention funds
additionally makes national organizations eligible for
recruitment and retention funds
no provision for economic hardship waivers
allows FEMA, in the case of economic hardship, to waive
cost share requirements, as well as the prohibition on
supplanting local funds and maintenance of expenditure
requirements (which would allow grants to be used for
retention and rehiring laid-off firefighters)
authorized for 7 years starting at $1 billion in FY2004,
ending at $1.194 billion in FY2010
reauthorizes the SAFER grant program at $750 million
for FY2013; for each of FY2014-FY2017, an amount equal
to the amount authorized the previous fiscal year,
increased by the percentage by which the Consumer
Price Index for the previous fiscal year exceeds the
preceding year
no provision on congressionally directed spending
no funds may be used for any congressionally directed
spending item (as defined under the rules of the Senate
and the House of Representatives)
authority to make grants shall lapse 10 years from
November 24, 2003
the authority to award assistance and grants shall expire
five years after the date of enactment
Source: Fire Grants Reauthorization Act of 2012, Title VIII, Subtitle A of FY2013 National Defense
Authorization Act, P.L. 112-239.
Congressional Research Service
3
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
P.L. 112-239 mandates studies and reports on the effectiveness of the SAFER grant program.
Specifically:
•
FEMA is directed to develop a performance assessment system to evaluate
SAFER (as well as AFG) grants. Not later than September 30, 2014, FEMA shall
submit a report to Congress concerning the effectiveness of SAFER grants.
•
The Comptroller General is directed to submit a report to Congress assessing the
effect of the amendments to the SAFER statute made by the Fire Grants
Reauthorization of 2012.
Appropriations
The SAFER grant program receives its annual appropriation through the House and Senate
Appropriations Subcommittees on Homeland Security. Within the appropriations bills, SAFER is
listed under the line item, “Firefighter Assistance Grants,” which is located in Title III—
Protection, Preparedness, Response, and Recovery. “Firefighter Assistance Grants” also includes
the Assistance to Firefighters Grant Program.
Although authorized for FY2004, SAFER did not receive an appropriation in FY2004. Table 2
shows the appropriations history for firefighter assistance, including SAFER, AFG, and the Fire
Station Construction Grants (SCG) grants provided in the American Recovery and Reinvestment
Act (ARRA). Table 3 shows recent and proposed appropriated funding for the SAFER and AFG
grant programs.
Table 2. Appropriations for Firefighter Assistance, FY2001-FY2013
AFG
SAFER
SCGa
Total
FY2001
$100 million
$100 million
FY2002
$360 million
$360 million
FY2003
$745 million
$745 million
FY2004
$746 million
$746 million
FY2005
$650 million
$65 million
$715 million
FY2006
$539 million
$109 million
$648 million
FY2007
$547 million
$115 million
$662 million
FY2008
$560 million
$190 million
$750 million
FY2009
$565 million
$210 million
FY2010
$390 million
$420 million
$810 million
FY2011
$405 million
$405 million
$810 million
FY2012
$337.5 million
$337.5 million
$675 million
FY2013b
$320FY2013
$321 million
$320321 million
$679642 million
Total
$6.26326 billion
$2.17017 billion
a.
$210 million
$210 million
$985 million
$8.64564 billion
a.
Assistance to Firefighters Fire Station Construction Grants (SCG) grants were funded by the American
Recovery and Reinvestment Act (P.L. 111-5).
b.
Post-sequester level as estimated by the Congressional Fire Service Institute.
Congressional Research Service
4
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
Table 3. Recent and Proposed Appropriations for Firefighter Assistance
(millions of dollars)
a.
FY2011
(Admin.
request)
FY2011
(P.L.
112-10)
FY2012
(Admin.
request)
FY2012
(P.L.
112-74)
FY2013
(Admin.
request)
FY2013
(P.L.
113-6)
FY2014
(Admin.
request)
FIRE
Grants
(AFG)
305
405
250
337.5
335
320321
a
335
SAFER
Grants
305
405
420
337.5
335
320321
a
335
Total
610
810
670
675
670
640642
a
670
Post- sequester level as estimated by the Congressional Fire Service Instituteaccording to U.S. Department of Homeland Security Fiscal Year 2013 Post-Sequestration
Operating Plan.
FY2012
The Administration’s FY2012 budget proposed $670 million for firefighter assistance, including
$420 million for SAFER and $250 million for AFG. According to the FY2012 budget proposal,
the request would fund 2,200 firefighter positions and approximately 5000 AFG grants.
The Department of Homeland Security Appropriations, 2012, bill (H.R. 2017) was reported by
the House Appropriations Committee on May 26, 2011. The House bill, as reported by the
committee, would have provided $350 million for firefighter assistance, including $150 million
for SAFER and $200 million for AFG. These FY2012 levels would have constituted a 63% cut
for SAFER and a 51% cut for AFG compared to the FY2011 appropriation. There was no SAFER
waiver language in the committee-approved bill.
The House Appropriations bill report (H.Rept. 112-91) urged DHS to review the costs associated
with the SAFER program, noting that “the cost per fighter is extremely high,” and that “the
budget requests $405 million to enable the hiring of more than 2,200 firefighter positions, or
$184,000 per fire-fighter.” H.Rept. 112-91 also directed FEMA to continue granting funds
directly to local fire departments and to include the United States Fire Administration during the
grant decision process.
During the House floor consideration of H.R. 2017, two firefighter assistance amendments were
adopted. The first amendment (offered by Representative LaTourette and Representative Pascrell,
and agreed to by a recorded vote of 333-87) raised FY2012 funding levels to $335 million for
AFG and $335 million for SAFER. The total level for firefighter assistance ($670 million) is
equal to the level requested by the Administration.
The second amendment (offered by Representative Price of North Carolina and agreed to by a
recorded vote of 264-157) prohibited enforcement of various SAFER requirements for grantees.
These waivers would allow FY2012 SAFER grants to be used to rehire laid-off firefighters and
fill positions eliminated through attrition, remove cost-share requirements, allow grants to extend
longer than the current five year duration, and permit the amount of funding per position at levels
exceeding the current limit of $100,000.
Congressional Research Service
5
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
The Department of Homeland Security Appropriations, 2012, bill (H.R. 2017) was passed by the
House on June 2, 2011.
Congressional Research Service
5
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
On September 7, 2011, the Senate Appropriations Committee approved $750 million for
firefighter assistance in FY2012 (S.Rept. 112-74), which is a 12% increase over the House-passed
level. The total included $375 million for SAFER and $375 million for AFG. As does the House
bill, the Senate bill also waived or prohibited SAFER requirements in FY2012. The committee
included a provision (§559) which allows SAFER grants to be used to retain firefighters and
prohibits or waives SAFER limitations and restrictions. The committee stated its expectation that
this provision would be applied in the same manner as similar provisions in the Supplemental
Appropriations Act, 2009, and the American Recovery and Reinvestment Act of 2009 for fiscal
years 2009 and 2010.
P.L. 112-74, the Consolidated Appropriations Act, FY2012, provided $337.5 million for SAFER,
and included language permitting FY2012 grants to be used to rehire laid-off firefighters and fill
positions eliminated through attrition, as well as prohibiting DHS from enforcing the other
SAFER restrictions and limitations. P.L. 112-74 also reinstated DHS waiver authority for the
restrictions that were not lifted in the FY2011 appropriations bill (P.L. 112-10).
FY2013
The Administration’s FY2013 budget proposed $670 million for firefighter assistance, including
$335 million for SAFER and $335 million for AFG. The Administration requested that all
previous SAFER waivers again be enacted for FY2013. The Administration has estimated that the
requested SAFER budget would fund more than 1700 firefighter positions in FY2013.10
Also, in the budget proposal, FEMA strongly encouraged applying fire departments to seek,
recruit, and hire post-9/11 veterans to increase their ranks within their department in order to take
advantage of the provisions of the VOW To Hire Heroes Act of 2011 (Title II of P.L. 112-56). In
FY2013, according to the budget proposal, “FEMA anticipates a preference for all SAFER
applicants to have a policy in place addressing their intent to implement strategies to support this
Act and have recruiting efforts aimed at post-9/11 veterans.”
On May 16, 2012, the House Appropriations Committee approved its version of the FY2013
Department of Homeland Security appropriations bill. The committee mark is identical to the
Administration requested level—$335 million for SAFER and $335 million for AFG. By voice
vote, the full committee adopted an amendment during the committee markup specifying that
SAFER restrictions will not apply to the FY2013 SAFER grants.
The committee report (H.Rept. 112-492) stated that the committee “is perplexed” as to why
FEMA has not already given preference to post-9/11 veterans for SAFER hiring grants, and
directed FEMA to report to the committee quarterly on implementation efforts on the hiring of
veterans, including the number of hirings. Meanwhile, H.R. 6455, the Veterans Jobs Corps Act of
2012 (introduced September 20, 2012) would direct DHS to award SAFER grants to hire veterans
as firefighters.
10
Testimony of the Honorable Janet Napolitano, Secretary of the Department of Homeland Security, before the Senate
Subcommittee on Homeland Security Appropriations, March 8, 2012.
Congressional Research Service
6
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
During floor action on June 6, 2012, an amendment was offered by Representative Runyan to
increase funding for SAFER and AFG by $2.5 million each, taking its $5 million offset from the
Office of the Under Secretary for Management. The amendment passed by voice vote, bringing
10
Testimony of the Honorable Janet Napolitano, Secretary of the Department of Homeland Security, before the Senate
Subcommittee on Homeland Security Appropriations, March 8, 2012.
Congressional Research Service
6
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
the firefighter assistance account to $675 million ($337.5 million for SAFER and $337.5 million
for AFG), which is identical to the FY2012 level. H.R. 5855 was passed by the House on June 7,
2012.
On May 22, 2012, the Senate Appropriations Committee approved $675 million for firefighter
assistance for FY2013. This level included $337.5 million for SAFER and $337.5 million for
AFG. The Senate level is identical to the FY2012 level. The Senate Committee bill (S. 3216) also
included SAFER waiver authority language, including a provision which allows grants to be used
to retain firefighters, instead of only for increasing the number of firefighters. The committee
report (S.Rept. 112-169) directed DHS to continue the practice of funding applications according
to local priorities and those established by the USFA, and to continue direct funding to fire
departments and the peer review process. Regarding the SAFER waivers, the committee stated its
expectation that DHS will take into consideration economic hardship when exercising the waiver
authority.
The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) funds SAFER
and AFG at $337 million each (equal to the FY2012 level minus a 0.1% across-the-board
reduction). Additionally, SAFER and AFG are subject to sequestration. Both programs are part of
the State and Local Programs budget account within FEMA, which is subject to a 5.0% cut from
the FY2013 level. According to the Congressional Fire Service InstituteDHS, SAFER and AFG are
expected to be cut by 5%, which yields FY2013
budget levels of $320.92 million for SAFERAFG and
$320.92 million for AFGSAFER.11 However, the
amount of grant money available for SAFER and AFG is
expected to be virtually unchanged from
FY2012. This is because the Consolidated and Further
Continuing Appropriations Act, 2013
provides that administrative costs are to be derived from the
FEMA Salaries and Expense
account, rather than (as is typically the case) from a 5% carve-out
from the firefighter assistance
(SAFER and AFG) appropriations account.
FY2014
The Administration’s FY2014 budget proposes $670 million for firefighter assistance, including
$335 million for SAFER and $335 million for AFG. Funding for management and administration
would be drawn from a separate FEMA account (Salaries and Expenses). The Firefighter
Assistance Grants would be categorized under First Responder Assistance Programs (FRAP), one
of three activities under FEMA’s State and Local Programs (SLP) appropriation.
SAFER Provisions in Jobs Legislation
During the 112th Congress, numerous bills were introduced (but not enacted) seeking to create
public sector jobs; many contained provisions that would expand the SAFER grant program.
These included the American Jobs Act (S. 1549/H.R. 12), the Emergency Jobs to Restore the
American Dream Act (H.R. 2914), the Teachers and First Responders Back to Work Act of 2011
11
Department of Homeland Security, U.S. Department of Homeland Security Fiscal Year 2013 Post-Sequestration
Operating Plan, April 26, 2013, p. 17.
Congressional Research Service
7
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
(S. 1723), the Act for the 99% (H.R. 3638), the Rebuild America Act (H.R. 5727/S. 2252), the
Veterans Job Corps Act of 2012 (H.R. 6455, H.R. 6563/S. 3457, S. 3429), and the Teachers and
First Responders Back to Work Act of 2012 (H.R. 6561).
11
Congressional Fire Service Institute, “Congress Approves Fiscal Year 2013 Spending Measure,” March 21, 2013,
available at http://www.cfsi.org/news/cfsiupdate.cfm?pr_ID=148.
Congressional Research Service
7
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
Waiver of SAFER Requirements
With the economic turndown adversely affecting budgets of local governments, concerns arose
that modifications to the SAFER statute may be necessary to enable fire departments to more
effectively participate in the program. The American Recovery and Reinvestment Act of 2009
(P.L. 111-5) included a provision (§603) that waived the matching requirements for SAFER
grants awarded in FY2009 and FY2010.
Subsequently, the FY2009 Supplemental Appropriations Act (P.L. 111-32) included a provision
(§605) giving the Secretary of Homeland Security authority to waive certain limitations and
restrictions in the SAFER statute. For grants awarded in FY2009 and FY2010, waivers permitted
grantees to use SAFER funds to rehire laid-off firefighters and fill positions eliminated through
attrition, allow grants to extend longer than the five-year duration, and permit the amount of
funding per position at levels exceeding the limit of $100,000.
The Department of Defense and Continuing Appropriations Act, 2011 (P.L. 112-10) contained
language that removed cost-share requirements and allowed SAFER grants to be used to rehire
laid-off firefighters and fill positions eliminated through attrition. However, the law did not
remove the requirement that SAFER grants fund a firefighter position for four years, with the
fifth year funded wholly by the grant recipient. P.L. 112-10 also did not waive the cap of
$100,000 per firefighter hired by a SAFER grant. According to fire service advocates, these
unwaived SAFER requirements (the mandatory five-year position duration, the $100,000 cap)
would be a disincentive for many communities to apply for SAFER grants, because localities
would be reluctant to apply for grants that would require future expenditure of local funds.12
P.L. 112-74, the Consolidated Appropriations Act, FY2012, included language (§561) prohibiting
using any funds to enforce all of the SAFER restrictions that have been lifted since FY2009.
Additionally, Section 562 of P.L. 112-74 reinstated DHS waiver authority for the restrictions that
were not lifted in the FY2011 appropriations bill (P.L. 112-10).
Meanwhile, the SAFER reauthorization language in the Fire Grants Reauthorization Act of 2012
(P.L. 112-239) removed the $100,000 cap per firefighter hired, shortened the grant period from
four to three years, removed the requirement to retain SAFER-hired firefighters for one year past
the termination of federal grant support, and provided economic hardship waivers that will give
DHS the authority to waive matching requirements and prohibitions on using SAFER funds for
rehiring laid-off firefighters and filling positions eliminated through attrition.
The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) continues to
grant DHS waiver authority from SAFER requirements in FY2013. Specifically, DHS may waive
cost sharing requirements, the three year grant term, cost limits per firefighter hired, and the
prohibition on using SAFER funds for rehiring laid-off firefighters and filling positions
eliminated through attrition. SAFER waiver authority is also requested in the Administration’s
FY2014 budget proposal.
12
International Association of Fire Fighters, News Release, “Budget: Agreement Retains Level Funding for FIRE Act
and SAFER grants, But Restricts Flexibility on SAFER Grants,” April 14, 2011, available at http://www.iaff.org/
11News/041311Waivers.htm.
Congressional Research Service
8
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
prohibition on using SAFER funds for rehiring laid-off firefighters and filling positions
eliminated through attrition. SAFER waiver authority is also requested in the Administration’s
FY2014 budget proposal.
Implementation of the SAFER Program
Prior to FY2007, the SAFER grant program was administered by the Office of Grants and
Training within the Preparedness Directorate of DHS. However, Title VI of the Conference
Agreement on the DHS appropriations bill (P.L. 109-295; H.Rept. 109-699), the Post Katrina
Emergency Management Reform Act of 2006, transferred most of the existing Preparedness
Directorate (including SAFER and fire grants) back to an enhanced FEMA.
Table 4 shows the state-by-state distribution of SAFER grant funds, from FY2005 through
FY2011. Of the total federal share requested for FY2009, 54.6% was requested by all paid/career
departments, 9.3% by all volunteer, 14.7% by combination (majority paid/career), and 19% by
combination (majority volunteer).13 Of the FY2011 SAFER awards, grants for hiring accounted
for 90% of the total federal share awarded. For the latest information and updates on the
application for and awarding of SAFER grants, see the official SAFER grant program website at
http://www.fema.gov/firegrants/safer/index.shtm.
Issues in the 113th Congress
The 113th Congress will likely consider FY2014 and FY2015 budget appropriations for SAFER.
As is the case with many federal programs, concerns over the federal budget deficit could impact
budget levels. At the same time, firefighter assistance budgets will likely receive heightened
scrutiny from the fire community, given the local budgetary cutbacks that many fire departments
are now facing.
The 113th Congress will also likely examine the impact of new SAFER hiring grant guidelines
mandated by P.L. 112-239, the Fire Grants Reauthorization Act of 2012. The continuing issue is
how effectively grants are being distributed and used to protect the health and safety of the public
and firefighting personnel against fire and fire-related hazards.
Table 4. State-by-State Distribution of SAFER Grants,
FY2005-FY2011
(millions of dollars)
FY2005
FY2006
FY2007
FY2008
FY2009
FY2010
FY2011
Total
Alabama
1.611
6.215
4.236
7.314
4.288
8.531
1.293
33.488
Alaska
1.051
0.205
0.418
1.438
0.328
6.072
0.074
9.586
Arizona
1.560
3.559
4.428
6.613
6.768
10.357
2.809
36.094
Arkansas
0.394
1.820
0.377
3.834
0.976
2.206
1.136
10.743
California
5.221
5.212
4.259
4 .212
31.501
63.13
56.356
169.891
.212
31.501
63.13
56.356
169.891
13
Latest SAFER application statistics are available at http://www.fema.gov/firegrants/safer/statistics.shtm.
Congressional Research Service
9
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
FY2005
FY2006
FY2007
FY2008
FY2009
FY2010
FY2011
Total
Colorado
1.584
3.479
1.730
2.02
0.955
3.384
5.432
18.584
Connecticut
0.130
0.191
0.856
3.92
2.214
1.312
5.099
13.722
Delaware
13
0
0.135
0
0.398
0
1.723
0
2.256
Latest SAFER application statistics are available at http://www.fema.gov/firegrants/safer/statistics.shtm.
Congressional Research Service
9
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
District of Columbia
FY2005
FY2006
FY2007
FY2008
FY2009
FY2010
FY2011
0
0
0
0
0
0
0
Total
0
District of Columbia
0
0.135
0
0
0
0.398
0
0
0
1.723
0
0
2.256
0
0
Florida
6.576
9.329
6.217
17.185
24.105
17.721
30.494
111.627
Georgia
5.354
2.085
2.842
17.438
4.844
10.384
1.273
44.22
Hawaii
0
0
0
1.626
0
0.1
0
1.726
Idaho
0.063
0.621
0.626
0.774
1.336
2.897
4.068
10.385
Illinois
1.340
4.463
9.933
5.85
2.496
10.848
2.456
37.386
0.099
2.687
4.577
8.295
9.931
4.587
30.176
Indiana
0
Iowa
0.169
0.144
0.980
1.288
1.045
0.081
1.604
5.311
Kansas
0.667
0.045
1.029
1.872
2.806
2.285
0.381
9.085
Kentucky
0.152
2.890
0.429
2.466
0.338
0.893
0.155
7.323
Louisiana
3.430
3.078
4.728
8.62
10.515
0.182
1.672
32.225
Maine
0.081
0.316
0.951
0.739
1.047
0.518
3.652
Maryland
0.096
1.862
1.526
3.171
4.429
2.145
4.299
17.528
Massachusetts
1.300
2.079
4.372
2.690
18.385
34.422
23.127
86.375
Michigan
1.759
0.592
0.628
13.286
22.493
47.646
86.404
Minnesota
0.300
1.089
0.375
3.246
1.256
0.789
4.463
11.518
Mississippi
0.756
0.594
0.115
1.608
1.209
0.488
4.77
Missouri
1.467
3.547
4.551
2.381
1.474
5.618
10.619
29.657
Montana
0.034
0.255
2.635
2.955
0.458
0.973
1.252
8.562
0.873
0.632
1.951
0.802
0.493
0.577
2.459
13.438
20.406
0.353
1.479
5.02
18.073
92.964
Nebraska
0
0
0
0
Nevada
1.500
1.714
0.632
0.086
New Hampshire
0.400
1.035
1.528
0.225
New Jersey
6.374
3.971
2.953
4.389
0.556
56.648
3.123
1.309
0.108
0.499
1.854
New Mexico
0
0
0
0
4.751
6.893
New York
1.540
2.991
2.845
4.412
8.227
18.239
6.142
44.396
North Carolina
2.155
5.533
5.371
18.183
2.256
6.375
5.833
45.706
1.518
1.517
2.139
0.048
5.831
29.606
21.04
18.654
78.492
9.127
1.435
14.721
North Dakota
0
0.609
0
Ohio
1.319
1.881
2.255
3.737
Oklahoma
0.147
0.699
0.531
2.782
Oregon
1.710
2.141
2.649
2.071
0.677
6.814
8.354
23.768
Pennsylvania
1.244
1.475
2.633
3.515
1.176
7.926
13.831
31.8
Rhode Island
0.400
1.561
4.249
3.108
9.423
South Carolina
0.456
0.863
3.218
8.158
2.41
2.064
2.147
19.316
South Dakota
0.063
0.311
0.211
0.552
0
0.648
0.255
2.04
Congressional Research Service
0
0.105
0
0
10
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
FY2005
FY2006
FY2007
FY2008
FY2009
FY2010
FY2011
Total
Tennessee
2.700
2.719
3.683
1.856
1.148
7.374
0.993
20.473
Texas
0.951
10.961
8.779
19.06
3.158
12.65
2.881
58.44
Utah
0.900
3.312
2.098
3.955
1.824
4.583
0.208
16.88
Congressional Research Service
0
0.105
0
0
10
Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program
FY2005
Vermont
0
FY2006
FY2007
0.621
0.632
FY2008
0
FY2009
0.119
FY2010
0
FY2011
0
Total
0.621
0.632
Vermont
0
0
0.119
0
0
1.372
Virginia
2.091
3.554
0.782
1.849
4.891
8.995
4.978
27.14
Washington
2.298
2.897
7.340
9.476
2.847
13.779
16.139
54.776
0.287
0.398
West Virginia
0
0.187
0.681
0.16
Wisconsin
0
0.072
1.223
4.502
Wyoming
0
0
0.316
2.329
Puerto Rico
0
0
0
0
0
Northern Mariana
Islands
0
0
0
0
0
Marshall Islands
0
0
0
0
0
0
0
0
Guam
0
0
0
0
0
0
0
0
American Samoa
0
0
0
0
0
0
Virgin Islands
0
0
0
0
0
0
0
0
Republic of Palau
0
0
0
0
0
0
0
0
Total
61.356
105.142
113.665
203.964
0
0.263
207.258
0
1.713
0.12
3.101
9.018
0.997
1.148
5.053
0
1.404
410.833
0
0
0.474
0
1.404
0.474
334.03 1434.564
Source: Department of Homeland Security.
Author Contact Information
Lennard G. Kruger
Specialist in Science and Technology Policy
lkruger@crs.loc.gov, 7-7070
Congressional Research Service
11