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Monday, February 27, 2012

Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program

Lennard G. Kruger
Specialist in Science and Technology Policy

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 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.

With the economic turndown adversely affecting budgets of local governments, concerns have arisen 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. The FY2009 Supplemental Appropriations Act (P.L. 111- 32) included a provision authorizing the Secretary of Homeland Security to waive further limitations and restrictions in the SAFER statute for FY2009 and FY2010.

The Department of Defense and Continuing Appropriations Act, 2011 (P.L. 112-10) funded SAFER at $405 million. The law also contained language that removes cost-share requirements and allows SAFER grants to be used to rehire laid-off firefighters and fill positions eliminated through attrition. However, P.L. 112-10 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. The law also did not waive the cap of $100,000 per firefighter hired by a SAFER grant.

The Administration’s FY2012 budget proposed $670 million for firefighter assistance, including $420 million for SAFER, which according to the FY2012 budget proposal, would fund 2,200 firefighter positions. 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 removing other SAFER restrictions and limitations. P.L. 112-74 also reinstated waiver authority for the restrictions that were not lifted in the FY2011 appropriations act (P.L. 112-10).

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.

Concern over local fire departments’ budgetary problems has framed debate over the SAFER reauthorization, which is included in S. 550/H.R. 2269, the Fire Grants Authorization Act of 2011. Previously in the 111th Congress, reauthorization legislation for SAFER was passed by the House, but was not passed by the Senate. As part of the reauthorization debate, Congress may consider whether some SAFER rules and restrictions governing the hiring grants should be eliminated or altered in order to make it economically feasible for more fire departments to participate in the program.

Date of Report: February 14, 2012
Number of Pages: 15
Order Number: RL33375
Price: $29.95

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