Order Code RS21302
Updated February 14, 2003
CRS Report for Congress
Received through the CRS Web
Assistance to Firefighters Program
Lennard G. Kruger
Specialist in Science and Technology
Resources, Science, and Industry Division
Summary
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). Currently administered by the United States Fire Administration
(USFA) within the Federal Emergency Management Agency (FEMA), the program
provides federal grants directly to local fire departments to help address a variety of
equipment, training, and other firefighter-related needs. The program was funded at
$100 million in FY2001 and $360 million in FY2002. In the 108th Congress, the final
version of the FY2003 Omnibus Appropriations (H.J.Res. 2) provides $745 million to
the Assistance to Firefighters Program. The Administration’s FY2004 budget requests
$500 million. The FY2004 proposal would place the fire grant program within the
Department of Homeland Security’s (DHS) Office for Domestic Preparedness, located
within the Border and Transportation Security Directorate. Under this proposal, the
Assistance to Firefighters Program would be removed from the USFA, which will
remain in the DHS Directorate of Emergency Preparedness and Response. This report
will be updated as events warrant.
Background
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. counterterrorism) of local fire departments, led many in the
fire community to call for additional financial support from the federal government.
While federally funded training programs existed (and continue to exist) through FEMA’s
National Fire Academy, and while federal money has been available to first responders
for counterterrorism training and equipment through the Department of Justice,2 there did
1 See the official Assistance to Firefighters grant program web page at:
[http://www.usfa.fema.gov/dhtml/inside-usfa/grants.cfm].
2 For further information on federal assistance to first responders, see: CRS Terrorism Briefing
(continued...)
Congressional Research Service ˜ The Library of Congress
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not exist a dedicated program, exclusively for firefighters, which provided federal money
directly to local fire departments to help address a wide variety of equipment, training,
and other firefighter-related needs.
Authorization: The FIRE Act
During the 106th Congress, many in the fire community asserted that local fire
departments require and deserve greater support from the federal government. In
response, H.R. 1168, the Firefighter Investment and Response Enhancement (FIRE) Act,
was introduced on March 17, 1999 by Rep. Pascrell. The bill authorized the Director of
FEMA “to make grants to fire departments for the purpose of protecting the public and
firefighting personnel against fire and fire-related hazards.” In the Senate, the FIRE Act
was introduced by Senator Dodd (S. 1941) and Senator Campbell (S. 1899). Ultimately,
FIRE Act language was agreed to in the Senate by unanimous consent as an amendment
offered by Senator Dodd to the FY2001 National Defense Authorization Act (P.L. 106-
398, signed into law on October 30, 2000).
Title XVII of P.L. 106-398 amends the Federal Fire Prevention and Control Act
(P.L. 93-498)3 to establish a new office in FEMA to administer grants to fire departments
and fire prevention organizations for a variety of purposes, including: hiring and training
personnel, prevention programs, equipment and facilities, and public education. The law
stipulates 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.
Meanwhile, FEMA was directed to conduct an 18-month study (in conjunction with the
National Fire Protection Association) on the need for federal assistance to state and local
communities to fund firefighting and emergency response activities. The study, entitled,
A Needs Assessment of the U.S. Fire Service, was released in January 2003 and found that
many fire departments – particularly volunteer companies in rural communities – report
shortfalls in facilities, equipment, and training of personnel.4
For firefighter assistance, P.L. 106-398 authorized $100 million for FY2001 and
$300 million for FY2002. However, in the wake of the September 11, 2001 terrorist
attack on the World Trade Center and the Pentagon, the Senate amended the FY2002
Department of Defense Authorization Act (S. 1438) to include language providing
increased authorization levels for the Assistance to Firefighters Program. An additional
2 (...continued)
Book, State and Local Preparedness Grant Programs, by Ben Canada and Pam Smith, available
at: [http://www.congress.gov/brbk/html/ebter229.html], and Financing Homeland Security
Efforts, by Ben Canada and Steven Maguire,
[http://www.congress.gov/brbk/html/ebter223.html.] For a list of federal programs providing
assistance to state and local first responders, see CRS Report RL31227, Terrorism Preparedness:
A Catalog of Federal Assistance Programs, by Ben Canada.
3 “Firefighter assistance” is codified as section 33 of the Federal Fire Prevention and Control Act
(15 USC 2229).
4 Study available at: [http://www.nfpa.org/PDF/needsassessment.PDF?src=nfpa]
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increase was inserted during the House-Senate conference on the defense authorization
bill, authorizing the program at $900 million per year through FY2004, and expanding the
scope of the grants to include equipment and training to help firefighters respond to a
terrorist attack or an attack using weapons of mass destruction. The bill was signed into
law (P.L. 107-107) on December 28, 2001.
Appropriations
The Assistance to Firefighters Program, sometimes referred to as the “fire grants”
program or the “FIRE Act grants,” is currently administered by FEMA’s United States
Fire Administration (USFA),5 which is being reorganized into the Emergency
Preparedness and Response Directorate of the Department of Homeland Security. The
grant program’s principal appropriation has been provided in FEMA’s Emergency
Management Planning and Assistance (EMPA) account.6 This account is funded in the
annual VA-HUD-Independent Agencies appropriations bills. However, other
appropriations bills have also provided additional funding for the program. Table 1
shows recent appropriated funding for the Assistance to Firefighters Program.
Table 1. Appropriations for Assistance to Firefighters Program,
FY2001 - FY2004
FY01
FY02
FY03 (H.J.Res.2)
FY04 (req.)
$100 million
$360 million
$745 million
$500 million
FY2001. 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.
FY2002. 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
FY2002 VA-HUD-Independent Agencies appropriation for the firefighter grant program,
passed by the House on July 30, 2001, matched the Administration’s proposal of $100
million, while the Senate-passed bill (August 2) would have provided $150 million. The
November 6, 2001 House-Senate conference agreement (H.Rept. 107-272) set the
Assistance to Firefighters Program at $150 million for FY2002. The conferees stated that
FEMA should consider making grants in the area of emergency medical services, and that
expansion into other categories should be considered only after substantial progress has
been made in addressing the needs associated with fire prevention, firefighting equipment,
personal protective equipment, training, vehicles, and wellness and fitness programs. The
5 For more information on the USFA, see: CRS Report RS20071, United States Fire
Administration: An Overview, by Lennard G. Kruger.
6 In the FY2003 Omnibus Appropriations Act (H.J.Res. 2), the Assistance to Firefighters Program
is funded under its own separate FEMA account: “Firefighter Assistance Grants.”
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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.
FY2002 Supplemental Appropriations. The FY2002 Supplemental
Appropriation (P.L. 107-206), signed into law on August 2, 2002, included $150 million
in additional funding for the Assistance to Firefighters Program. However, on August
13, 2002, President Bush announced he would not spend $5.1 billion of funding in the bill
that is designated as "emergency contingent funding." The $150 million of supplemental
appropriations for the fire grant program is included in this $5.1 billion, and was therefore
not allocated.
FY2003. 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.7 The Senate
Appropriations Committee approved the FY2003 VA-HUD-Independent Agencies
appropriations bill (S. 2797, S.Rept. 107-222) on July 25, 2002. S. 2797 would provide
$900 million to the Assistance to Firefighters Program (its fully authorized level), $180
million for other grants to firefighters and related emergency medical services for
interoperable communications equipment, and $60 million for emergency responder
training primarily through the U.S. Fire Administration. The Senate Appropriations
Committee report language directs FEMA to “independently administer” the fire grant
program at the USFA’s National Fire Academy in Emmitsburg, Maryland. The House
Appropriations Committee, in its version of the FY2003 VA-HUD-Independent Agencies
appropriations (H.R. 5605, H.Rept. 107-740), would fund the Assistance to Firefighters
Program at $450 million. The House bill would establish a separate appropriations
account for the program – “Firefighter Assistance Grants.”
The 107th Congress was not able to complete passage of the VA-HUD-Independent
Agencies appropriation for FY2003. FEMA and USFA are currently being funded by a
Continuing Resolution. The 108th Congress is considering the FY2003 funding level for
the Assistance to Firefighters Program. The FY2003 Omnibus Appropriations (H.J.Res.
2), passed by the House and Senate on February 13, 2003, provides $745 million to the
Assistance to Firefighters Program. Similar to the House bill, H.J.Res. 2 establishes a
separate appropriations account for the program – “Firefighter Assistance Grants.”
According to the Conferees, this new appropriations account is being established “so that
there will be no doubt as to the importance of this program, and to protect this program
from being lost in the morass of the Department of Homeland Security.”
7 See: CRS Report RL31475, First Responder Initiative: Policy Issues and Options, by Ben
Canada.
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FY2004. The Administration’s FY2004 budget requests $500 million for the
Assistance to Firefighters Program. The budget proposal would 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.
Program Implementation
The Assistance to Firefighters Program is currently administered by FEMA’s U.S.
Fire Administration. The purpose of the program is to protect the health and safety of the
public and firefighting personnel against fire and fire-related hazards, and to provide
assistance for fire prevention programs. At present, the program does not award funding
for major building construction or for hiring of personnel. Eligible applicants are limited
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 population within a fixed geographical area).
Additionally, national, state, local, or community fire prevention or safety organizations
are eligible to receive fire prevention grants. For official program guidelines, frequently-
asked-questions, the latest awards announcements, and other information, see the
A s s i s t a n c e t o F i r e f i g h t e r s g r a n t p r o g r a m w e b p a g e a t :
[http://www.usfa.fema.gov/dhtml/inside-usfa/grants.cfm].
In FY2002, FEMA/USFA received over 19,900 applications requesting a total of
$2.98 billion. Volunteer and combination fire departments accounted for approximately
90% of applications, with career departments filing the remaining 10%. An additional
competition offering up to $10 million in fire prevention and safety grants was announced
on August 23, 2002. In all, nearly $360 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. After a peer review process
involving over 300 representatives of fire service organizations, FEMA/USFA began
announcing FY2002 awards on July 11, 2002. As of January 27, 2003, USFA has warded
over 5300 grants under the FY2002 program.8 Meanwhile, USFA has begun scheduling
grant applicant workshops for the FY2003 grant program.9
Department of Homeland Security (DHS)
The Homeland Security Act of 2002 (P.L. 107-296) incorporates FEMA and the
USFA into the Emergency Preparedness and Response Directorate of the new Department
of Homeland Security. FEMA’s antiterrorism activities, coordinated by the Office of
National Preparedness, will be transferred to the Office for Domestic Preparedness within
the Border and Transportation Security Directorate. The Administration, in its FY2003
budget request, had proposed transferring the Assistance to Firefighters Program to
FEMA’s Office of National Preparedness as part of the $3.5 billion First Responder
program. However in FY2003, the Assistance to Firefighters Program will be kept
8 For award totals and recipients, see:
[http://www.usfa.fema.gov/dhtml/inside-usfa/02awards.cfm]
9 See: [http://www.usfa.fema.gov/dhtml/inside-usfa/03wrkshps.cfm]
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separate from antiterrorism programs and remain part of FEMA/USFA within the
Emergency Preparedness and Response Directorate.
The Administration’s FY2004 budget proposal would 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.
Under this proposal, the Assistance to Firefighters Program would be removed from the
USFA, which remains in the Directorate of Emergency Preparedness and Response.
Issues
The Assistance to Firefighters Program is currently providing an unprecedented level
of direct federal financial assistance to local fire departments. The program is strongly
supported by the firefighting community, which argues that the grant program should be
expanded to include funding to fire departments for hiring personnel. In the 107th
Congress, the Senate DHS legislation, S. 2452, contained such a provision, as did similar
legislation previously introduced into the House (H.R. 3185 and H.R. 3992, the Staffing
for Adequate Fire and Emergency Response Firefighters (SAFER) Act). On October 2,
2002, the House Committee on Science held a hearing on the SAFER Act (H.R. 3992)
and on H.R. 4548 (see below). In the 108th Congress, Title II of S. 6 – the Comprehensive
Homeland Security Act of 2003 – contains the SAFER Act.
Another issue is the question of where the Assistance to Firefighters program should
reside within the Department of Homeland Security. Currently, the fire grant program
is administered by the USFA in FEMA, soon to be part of the Emergency Preparedness
and Response Directorate. In the FY2004 budget request, the Administration proposes
to maintain the fire grant program as a discrete and separate program within the Border
and Transportation Security Directorate’s Office for Domestic Preparedness (ODP),
whose mission is to provide state and local governments with assistance to improve their
readiness for terrorism incidents. Many in the fire service community have previously
expressed opposition to removing the fire grant program from the USFA, which is
beginning its third year of administering the program. At issue is whether the ODP is the
appropriate office to administer the fire grant program. Whereas most ODP grant
programs distribute money primarily through state governments and are focused on first
responder preparedness in the event of a terrorist incident, the Assistance to Firefighters
Program distributes money directly and exclusively to fire departments, and is focused
on basic firefighting needs.