article: SECTION 1. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE. Title III of the Workforce Investment Act of 1998 (Public Law 105- 220; 112 Stat. 1080) is amended by adding at the end the following: ``Subtitle E--Staffing for Adequate Fire and Emergency Response ``SEC. 351. SHORT TITLE. ``This subtitle may be cited as the `Staffing for Adequate Fire and Emergency Response Act of 2001' or as the `SAFER Act of 2001'. ``SEC. 352. PURPOSES. ``The purposes of this subtitle are-- ``(1) to expand on the firefighter assistance grant program under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229), in order to ensure adequate funding to increase the number of firefighting personnel throughout the Nation; ``(2) to substantially increase the hiring of firefighters so that communities can-- ``(A) meet industry minimum standards for providing adequate protection from acts of terrorism and hazards; and ``(B) enhance the ability of firefighter units to save lives, save property, and effectively respond to all types of emergencies; and ``(3) to promote that substantial increase in hiring by establishing a program of grants, authorized for 7 years, to provide direct funding to States, units of local government, and Indian tribal organizations for firefighter salaries and benefits. ``SEC. 353. DEFINITIONS. ``In this subtitle: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a State, a unit of local government, a tribal organization, or another public entity; or ``(B) a multi-jurisdictional or regional consortia of entities described in subparagraph (A). ``(2) Firefighter.--The term `firefighter' has the meaning given the term `employee in fire protection activities' in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). ``(3) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(4) Secretary.--The term `Secretary' means the Secretary of Labor, acting after consultation with the Director of the Federal Emergency Management Agency. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``SEC. 354. AUTHORITY TO MAKE GRANTS. ``(a) Definition.--In this section, the term `qualifying entity', used with respect to a fiscal year, means any eligible entity (including a State) that has submitted an application under section 355 for the fiscal year that meets the requirements of this subtitle and such additional requirements as the Secretary may prescribe. ``(b) Grant Authorization.--The Secretary may make grants to eligible entities to pay for the Federal share of the cost of carrying out projects to hire firefighters. ``(c) Minimum Amount.-- ``(1) Amount.--For any fiscal year, the Secretary shall ensure that the qualifying entities in each State shall receive, through grants made under this section, a total amount that is not less than \1/2\ of 1 percent of the amount appropriated under section 362 for the fiscal year. ``(2) Exception.--Paragraph (1) shall not apply for a fiscal year if the Secretary makes a grant under this section to every qualifying entity for the fiscal year. ``(d) Grant Periods.--The Secretary may make grants under this section for periods of 3 years. ``(e) Federal Share.-- ``(1) In general.--The Federal share of the cost of carrying out a project to hire firefighters under this subtitle shall be not more than 75 percent. ``(2) Non-federal share.--The non-Federal share shall be provided-- ``(A) in cash; ``(B) in the case of a State or unit of local government, from assets received through an asset forfeiture program; or ``(C) in the case of a tribal organization or the Bureau of Indian Affairs, from any Federal funds made available for firefighting functions to assist an Indian tribe. ``(3) Waiver.--The Secretary may waive the requirements of paragraphs (1) and (2) for an eligible entity. ``SEC. 355. APPLICATIONS. ``(a) In General.--To be eligible to receive a grant under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may prescribe. ``(b) Contents.--Each such application shall-- ``(1) include a long-term strategy and detailed implementation plan, for the hiring to be conducted under the grant, that reflects consultation with community groups and appropriate private and public agencies and reflects consideration of a statewide strategy for such hiring; ``(2) specify the reasons why the entity is unable to hire sufficient firefighters to address the entity's needs, without Federal assistance; ``(3)(A) specify the average number of firefighters employed by the entity during the fiscal year prior to the fiscal year for which the application is submitted; and ``(B) outline the initial and planned level of community support for implementing the strategy and plan, including the level of financial and in-kind contributions or other tangible commitments; ``(4)(A) specify plans for obtaining necessary support and continuing the employment of a greater number of firefighters than the number specified under paragraph (3)(A), following the conclusion of Federal assistance under this subtitle; and ``(B) include an assurance that the entity will continue the employment of firefighters hired with funds made available through the grant for at least 1 year after the end of the grant period; and ``(5) include assurances that the entity will, to the extent practicable, seek, recruit, and hire members of racial and ethnic minority groups and women in order to increase the ranks of minorities and women within the entity's firefighter units. ``(c) Small Jurisdictions.--Notwithstanding any other provision of this subtitle, the Secretary may waive 1 or more of the requirements of subsection (b), and may make special provisions to facilitate the expedited submission, processing, and approval of an application under this section, for an eligible entity that is a unit of local government, or an eligible entity serving a fire district, that has jurisdiction over an area with a population of less than 50,000. ``(d) Preference.--In awarding grants under this subtitle, the Secretary-- ``(1) shall give preference to a unit of local government; and ``(2) may give preference, where feasible, to an eligible entity that submits an application containing a plan that-- ``(A) provides for hiring (including rehiring) career firefighters; and ``(B) requires the entity to contribute a non- Federal share of more than 25 percent of the cost of carrying out a project to hire the firefighters. ``(e) State and Local Applications.--If a unit of local government for a community, and the State in which the community is located, submit applications under this section for a fiscal year to carry out a project in a community, and the unit of local government and State are qualifying entities under section 354(a), the Secretary-- ``(1) shall make a grant under this subtitle to the unit of local government for that year; and ``(2) shall not make a grant under this subtitle to the State to carry out a project in that community for that year. ``SEC. 356. USE OF FUNDS. ``(a) In General.--An eligible entity that receives a grant under this subtitle shall use the funds made available through the grant to hire career firefighters. The funds may only be used to increase the number of firefighters employed by the agency from the number specified under section 355(b)(3)(A). The funds may be used for salaries and benefits for the firefighters. ``(b) Hiring Costs.-- ``(1) Fiscal year 2002.--For fiscal year 2002, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds. ``(2) Subsequent years.--For each subsequent fiscal year, in hiring any 1 firefighter, the entity may not use more than $90,000 of such funds, increased or decreased by the same percentage as the percentage by which the Consumer Price Index for All Urban Consumers (United States city average), published by the Secretary of Labor, has increased or decreased by September of the preceding fiscal year from such Index for September 2001. ``(3) Waivers.--The Secretary may waive the requirements of paragraph (1) or (2) for an eligible entity. ``(c) Supplement, not Supplant.--Funds appropriated pursuant to the authority of this subtitle shall be used to supplement and not supplant other Federal, State, and local public funds expended to hire firefighters. ``SEC. 357. TECHNICAL ASSISTANCE. ``The Secretary may provide technical assistance to eligible entities to further the purposes of this Act. ``SEC. 358. MONITORING AND EVALUATIONS. ``(a) Monitoring Components.--Each project funded through a grant made under this subtitle shall contain a monitoring component, developed pursuant to regulations established by the Secretary. The monitoring required by this subsection shall include systematic identification and collection of data about the project throughout the period of the project and presentation of such data in a usable form. ``(b) Evaluation Components.--The Secretary may require that selected grant recipients under this subtitle conduct local evaluations or participate in a national evaluation, pursuant to regulations established by the Secretary. Such local or national evaluations may include assessments of the implementation of different projects. The Secretary may require selected grant recipients under this subtitle to conduct local outcome evaluations to determine the effectiveness of projects under this subtitle. ``(c) Periodic Reports.--The Secretary may require a grant recipient under this subtitle to submit to the Secretary the results of the monitoring and evaluations required under subsections (a) and (b) and such other data and information as the Secretary determines to be reasonably necessary. ``(d) Revocation or Suspension of Funding.--If the Secretary determines, as a result of the monitoring or evaluations required by this section, or otherwise, that a grant recipient under this subtitle is not in substantial compliance with the terms and requirements of an approved grant application submitted under section 355, the Secretary may revoke the grant or suspend part or all of the funding provided under the grant. ``SEC. 359. ACCESS TO DOCUMENTS. ``For the purpose of conducting an audit or examination of a grant recipient that carries out a project under this subtitle, the Secretary and the Comptroller General of the United States shall have access to any pertinent books, documents, papers, or records of the grant recipient and any State or local government, person, business, or other entity, that is involved in the project. ``SEC. 360. REPORT TO CONGRESS. ``Not later than September 30, 2008, the Secretary shall submit a report to Congress concerning the experiences of eligible entities in carrying out projects under this subtitle, and the effects of the grants made under this subtitle. The report may include recommendations for such legislation as the Secretary may consider to be appropriate, which may include reauthorization of this subtitle. ``SEC. 361. REGULATIONS. ``The Secretary may issue regulations to carry out this subtitle. ``SEC. 362. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this subtitle-- ``(1) $1,000,000,000 for fiscal year 2002;- ``(2) $1,030,000,000 for fiscal year 2003; ``(3) $1,061,000,000 for fiscal year 2004; ``(4) $1,093,000,000 for fiscal year 2005; ``(5) $1,126,000,000 for fiscal year 2006; ``(6) $1,159,000,000 for fiscal year 2007; and ``(7) $1,194,000,000 for fiscal year 2008. ``(b) Availability.--Funds appropriated under subsection (a) for a fiscal year shall remain available until the end of the second succeeding fiscal year.''. SEC. 2. CONFORMING AMENDMENT. The table of contents in section 1(b) of the Workforce Investment Act of 1998 (Public Law 105-220; 112 Stat. 936) is amended, in the items relating to title III, by adding at the end the following: ``Subtitle E--Staffing for Adequate Fire and Emergency Response ``Sec. 351. Short title. ``Sec. 352. Purposes. ``Sec. 353. Definitions. ``Sec. 354. Authority to make grants. ``Sec. 355. Applications. ``Sec. 356. Use of funds. ``Sec. 357. Technical assistance. ``Sec. 358. Monitoring and evaluations. ``Sec. 359. Access to documents. ``Sec. 360. Report to Congress. ``Sec. 361. Regulations. ``Sec. 362. Authorization of appropriations.''.
summary: Staffing for Adequate Fire and Emergency Response Act of 2001 - SAFER Act of 2001 - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to make matching grants for up to 75 percent of the costs of projects to hire firefighters to eligible States, local governments, tribal organizations, or other public entities, or multi-jurisdictional or regional consortia of such entities.