[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3728 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3728

      To provide grants for fire station construction through the 
Administrator of the Federal Emergency Management Agency, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2021

 Mr. Pascrell (for himself, Mr. Fitzpatrick, Mr. Bost, Mr. Garamendi, 
 Ms. Brownley, Mr. Huffman, Mr. Carbajal, and Ms. Sherrill) introduced 
  the following bill; which was referred to the Committee on Science, 
      Space, and Technology, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
      To provide grants for fire station construction through the 
Administrator of the Federal Emergency Management Agency, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ASSISTANCE TO FIREFIGHTERS FIRE STATION CONSTRUCTION GRANTS.

    (a) In General.--The Administrator of the Federal Emergency 
Management Agency shall establish a grant program to provide financial 
assistance to modify, upgrade, and construct fire and (EMS) department 
facilities.
    (b) Eligible Applicants.--The Administrator may make a grant under 
this section to the following:
            (1) Career, volunteer, and combination fire departments.
            (2) Fire training facilities.
            (3) Nonaffiliated EMS organizations, combination and 
        volunteer emergency medical stations (except that for-profit 
        EMS organizations are not eligible for a grant under this 
        section).
    (c) Applications.--To be eligible for a grant under this section, 
an entity specified in subsection (b) shall submit to the Administrator 
an application in such form, at such time, and containing such 
information as the Administrator determines is appropriate.
    (d) Meeting for Recommendations.--
            (1) In general.--The Administrator shall convene a meeting 
        of qualified members of national fire service organizations 
        and, at the discretion of the Administrator, qualified members 
        of emergency medical service organizations to obtain 
        recommendations regarding the criteria for the awarding of 
        grants under this section.
            (2) Qualifications.--For purposes of this subsection, a 
        qualified member of an organization is a member who--
                    (A) is recognized for expertise in firefighting or 
                emergency medical services;
                    (B) is not an employee of the Federal Government; 
                and
                    (C) in the case of a member of an emergency medical 
                service organization, is a member of an organization 
                that represents--
                            (i) providers of emergency medical services 
                        that are affiliated with fire departments; or
                            (ii) nonaffiliated EMS providers.
    (e) Peer Review of Grant Application.--The Administrator shall, 
after consultation with national fire service and emergency medical 
services organizations, appoint fire service personnel to conduct peer 
reviews of applications received under subsection (c).
    (f) Priority of Grants.--In awarding grants under this section, the 
Administrator shall consider the findings and recommendations of the 
peer reviews carried out under subsection (e).
    (g) Uses of Funds.--
            (1) In general.--A recipient of a grant under this section 
        may use funds received for the following:
                    (A) Build, rebuild, or renovate fire and EMS 
                department facilities.
                    (B) Upgrade existing facilities to install exhaust 
                emission control systems, install backup power systems, 
                upgrade or replace environmental control systems (such 
                as HVAC systems), remove or remediate mold, and 
                construct or modify living quarters for use by male and 
                female personnel.
                    (C) Upgrade fire and EMS stations or build new 
                stations.
            (2) Code compliant.--In using funds under paragraph (1), a 
        grant recipient is required to meet 1 of the 2 most recently 
        published editions of building codes and standards established 
        by the National Fire Protection Association and International 
        Code Council, including NFPA 101, Life Safety Code and NFPA 
        1581, Standard on Fire Department Infection Control Program.
    (h) Grant Funding.--
            (1) In general.--The Administrator shall allocate grant 
        funds as follows:
                    (A) 25 percent for career fire and EMS departments.
                    (B) 25 percent for combination fire and EMS 
                departments.
                    (C) 25 percent for volunteer fire and EMS 
                departments.
                    (D) 25 percent to remain available for competition 
                between the various department types.
            (2) Insufficient applications.--If the Administrator does 
        not receive sufficient funding requests from a particular 
        department type specified in subparagraphs (A) through (C) of 
        paragraph (1), the Administrator may make awards to other 
        departments in such paragraphs.
            (3) Limitation on awards amounts.--A grant recipient may 
        not receive more than $7,500,000 under this section.
    (i) Prevailing Rate of Wage and Public Contracts.--
            (1) In general.--All laborers and mechanics employed by 
        contractors or subcontractors in the performance of 
        construction work financed with the assistance of any 
        contribution of Federal funds made by the Administrator under 
        this section shall be paid wages at rates not less than those 
        prevailing on similar construction in the locality as 
        determined by the Secretary of Labor in accordance with 
        subchapter IV of chapter 31 of title 40 (commonly known as the 
        ``Davis-Bacon Act''), and every such employee shall receive 
        compensation at a rate not less than one and \1/2\ times the 
        basic rate of pay of the employee for all hours worked in any 
        workweek in excess of eight hours in any workday or 40 hours in 
        the workweek, as the case may be. The Administrator shall make 
        no contribution of Federal funds without first obtaining 
        adequate assurance that these labor standards will be 
        maintained upon the construction work. The Secretary of Labor 
        shall have, with respect to the labor standards specified in 
        this subsection, the authority and functions set forth in 
        Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and 
        section 2 of the Act of June 13, 1934 (40 U.S.C. 276(c)).
            (2) Public contracts.--In addition to the wage rate set 
        forth in paragraph (1), contractors and subcontractors 
        performing construction work pursuant to this section shall 
        follow the standards identified in chapter 83 of title 41, 
        United States Code, including a requirement that all supplies 
        and construction materials purchased shall be produced in the 
        United States, unless such materials are not reasonably 
        available, or such a purchase would not be in the public 
        interest.
    (j) Applicability of FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to activities carried out pursuant to this 
section.
    (k) Definitions.--For purposes of this section, the following 
definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Emergency Management Agency.
            (2) Career fire department.--The term ``career fire 
        department'' means a fire department that has an all-paid force 
        of firefighting personnel other than paid-on-call firefighters.
            (3) Combination fire department.--The term ``combination 
        fire department'' means a fire department that has--
                    (A) paid firefighting personnel; and
                    (B) volunteer firefighting personnel.
            (4) EMS.--The term ``EMS'' means emergency medical 
        services.
            (5) Nonaffiliated ems organization.--The term 
        ``nonaffiliated EMS organization'' means a public or private 
        nonprofit emergency medical services organization that is not 
        affiliated with a hospital and does not serve a geographic area 
        in which the Administrator finds that emergency medical 
        services are adequately provided by a fire department.
            (6) Volunteer fire department.--The term ``volunteer fire 
        department'' means a fire department that has an all-volunteer 
        force of firefighting personnel.
    (l) Reporting Requirements.--
            (1) Annual report to administrator of fema.--Beginning 1 
        year after the date of enactment of this section and every year 
        thereafter during the term of a grant awarded under this 
        section, a recipient of the grant shall submit to the 
        Administrator an annual report describing how the recipient 
        used such grant amounts.
            (2) Annual report to congress.--Beginning 1 year after the 
        date of enactment of this section and every year thereafter 
        until the rebuilding or renovation of fire facilities and 
        stations are completed using grant funds under this section, 
        the Administrator shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committees on Transportation and Infrastructure and Science, 
        Space, and Technology of the House of Representatives a report 
        that provides an evaluation of the effectiveness of the grants 
        awarded under this section.
    (m) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000,000 for fiscal year 2022 to carry out this 
section. Such funds shall remain available until expended.
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