[Congressional Record Volume 169, Number 64 (Tuesday, April 18, 2023)]
[Senate]
[Pages S1215-S1216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 85. Mr. VAN HOLLEN (for himself, Ms. Murkowski, and Mr. Ossoff) 
submitted an amendment intended to be proposed by him to the bill S. 
870, to amend the Federal Fire Prevention and Control Act of 1974 to 
authorize appropriations for the United States Fire Administration and 
firefighter assistance grant programs; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ASSISTANCE TO FIREFIGHTERS FIRE STATION CONSTRUCTION 
                   GRANTS.

       (a) Definitions.--In this section:
       (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 EMS organization that is not affiliated with a 
     hospital and does not serve a geographic area in which the 
     Administrator finds that EMS 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.
       (b) Grant Program.--The Administrator shall establish a 
     grant program to provide financial assistance to entities 
     described in subsection (c) to modify, upgrade, and construct 
     fire and EMS department facilities.
       (c) 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).
       (d) Applications.--An entity described in subsection (c) 
     seeking a grant under this section shall submit to the 
     Administrator an application in such form, at such time, and 
     containing such information as the Administrator determines 
     appropriate.
       (e) 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 EMS 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 firefighting or EMS expertise;
       (B) is not an employee of the Federal Government; and
       (C) in the case of a member of an EMS organization, is a 
     member of an organization that represents--
       (i) EMS providers that are affiliated with fire 
     departments; or
       (ii) nonaffiliated EMS providers.
       (f) Peer Review of Grant Application.--The Administrator 
     shall, in consultation with national fire service and EMS 
     organizations, appoint fire service personnel to conduct peer 
     reviews of applications received under subsection (d).
       (g) 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 (f).
       (h) Uses of Funds.--
       (1) In general.--A recipient of a grant under this section 
     may use funds received for the following:
       (A) Building, rebuilding, or renovating fire and EMS 
     department facilities.
       (B) Upgrading 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) Upgrading fire and EMS stations or building new 
     stations.
       (2) Code compliant.--In using funds under paragraph (1), a 
     recipient of a grant under this section shall meet 1 of the 2 
     most recently published editions of relevant codes and 
     standards, especially codes and standards that--
       (A) require up-to-date hazard resistant and safety 
     provisions; and
       (B) are relevant for protecting firefighter health and 
     safety.
       (i) Grant Funding.--
       (1) In general.--The Administrator shall allocate grant 
     funds under this section 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 described in subparagraphs (A) through (C) of 
     paragraph (1), the Administrator may make awards to other 
     departments described in such subparagraphs.
       (3) Limitation on awards amounts.--A recipient of a grant 
     under this section may not receive more than $7,500,000 under 
     this section.
       (j) 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, United States Code 
     (commonly known as the ``Davis-Bacon Act'').
       (2) Overtime.--Each employee described in paragraph (1) 
     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 8 hours in any 
     workday or 40 hours in the workweek, as the case may be.
       (3) Assurances.--The Administrator shall make no 
     contribution of Federal funds without first obtaining 
     adequate assurance that the labor standards described in 
     paragraphs (1) and (2) will be maintained upon the 
     construction work.
       (4) Authority of secretary of labor.--The Secretary of 
     Labor shall have, with respect to the labor standards 
     described in paragraphs (1) and (2), the authority and 
     functions set forth in Reorganization Plan Numbered 14 of 
     1950 (5 U.S.C. App.) and section 3145 of title 40, United 
     States Code.
       (5) Public contracts.--Contractors and subcontractors 
     performing construction work pursuant to this section shall 
     procure only manufactured articles, materials, and supplies 
     that have been manufactured in the United States 
     substantially all from articles, materials, or supplies 
     mined, produced, or manufactured in the United States in 
     accordance with the requirements (and exceptions thereto) 
     applicable to Federal agencies under chapter 83 of title 41, 
     United States Code.

[[Page S1216]]

       (k) Applicability.--Chapter 10 of title 5, United States 
     Code, shall not apply to activities carried out pursuant to 
     this section.
       (l) Reporting Requirements.--
       (1) Annual report to administrator of fema.--Not later than 
     1 year after the date of enactment of this Act, and annually 
     thereafter during the term of a grant awarded under this 
     section, the recipient of the grant shall submit to the 
     Administrator a report describing how the recipient used the 
     amounts from the grant.
       (2) Annual report to congress.--Not later than 1 year after 
     the date of enactment of this Act, and annually thereafter 
     until the date on which 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 $750,000,000 for fiscal year 2024 to carry 
     out this section. Funds appropriated under this Act shall 
     remain available until expended.
                                 ______
                                 
  SA 86. Mr. VAN HOLLEN (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 83 submitted by Mr. 
McConnell (for Mr. Sullivan) and intended to be proposed to the bill S. 
870, to amend the Federal Fire Prevention and Control Act of 1974 to 
authorize appropriations for the United States Fire Administration and 
firefighter assistance grant programs; which was ordered to lie on the 
table; as follows:

        In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. ASSISTANCE TO FIREFIGHTERS FIRE STATION CONSTRUCTION 
                   GRANTS.

       (a) Definitions.--In this section:
       (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 EMS organization that is not affiliated with a 
     hospital and does not serve a geographic area in which the 
     Administrator finds that EMS 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.
       (b) Grant Program.--The Administrator shall establish a 
     grant program to provide financial assistance to entities 
     described in subsection (c) to modify, upgrade, and construct 
     fire and EMS department facilities.
       (c) 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).
       (d) Applications.--An entity described in subsection (c) 
     seeking a grant under this section shall submit to the 
     Administrator an application in such form, at such time, and 
     containing such information as the Administrator determines 
     appropriate.
       (e) 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 EMS 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 firefighting or EMS expertise;
       (B) is not an employee of the Federal Government; and
       (C) in the case of a member of an EMS organization, is a 
     member of an organization that represents--
       (i) EMS providers that are affiliated with fire 
     departments; or
       (ii) nonaffiliated EMS providers.
       (f) Peer Review of Grant Application.--The Administrator 
     shall, in consultation with national fire service and EMS 
     organizations, appoint fire service personnel to conduct peer 
     reviews of applications received under subsection (d).
       (g) 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 (f).
       (h) Uses of Funds.--
       (1) In general.--A recipient of a grant under this section 
     may use funds received for the following:
       (A) Building, rebuilding, or renovating fire and EMS 
     department facilities.
       (B) Upgrading 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) Upgrading fire and EMS stations or building new 
     stations.
       (2) Code compliant.--In using funds under paragraph (1), a 
     recipient of a grant under this section shall meet 1 of the 2 
     most recently published editions of relevant codes and 
     standards, especially codes and standards that--
       (A) require up-to-date hazard resistant and safety 
     provisions; and
       (B) are relevant for protecting firefighter health and 
     safety.
       (i) Grant Funding.--
       (1) In general.--The Administrator shall allocate grant 
     funds under this section 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 described in subparagraphs (A) through (C) of 
     paragraph (1), the Administrator may make awards to other 
     departments described in such subparagraphs.
       (3) Limitation on awards amounts.--A recipient of a grant 
     under this section may not receive more than $7,500,000 under 
     this section.
       (j) 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, United States Code 
     (commonly known as the ``Davis-Bacon Act'').
       (2) Overtime.--Each employee described in paragraph (1) 
     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 8 hours in any 
     workday or 40 hours in the workweek, as the case may be.
       (3) Assurances.--The Administrator shall make no 
     contribution of Federal funds without first obtaining 
     adequate assurance that the labor standards described in 
     paragraphs (1) and (2) will be maintained upon the 
     construction work.
       (4) Authority of secretary of labor.--The Secretary of 
     Labor shall have, with respect to the labor standards 
     described in paragraphs (1) and (2), the authority and 
     functions set forth in Reorganization Plan Numbered 14 of 
     1950 (5 U.S.C. App.) and section 3145 of title 40, United 
     States Code.
       (5) Public contracts.--Contractors and subcontractors 
     performing construction work pursuant to this section shall 
     procure only manufactured articles, materials, and supplies 
     that have been manufactured in the United States 
     substantially all from articles, materials, or supplies 
     mined, produced, or manufactured in the United States in 
     accordance with the requirements (and exceptions thereto) 
     applicable to Federal agencies under chapter 83 of title 41, 
     United States Code.
       (k) Applicability.--Chapter 10 of title 5, United States 
     Code, shall not apply to activities carried out pursuant to 
     this section.
       (l) Reporting Requirements.--
       (1) Annual report to administrator of fema.--Not later than 
     1 year after the date of enactment of this Act, and annually 
     thereafter during the term of a grant awarded under this 
     section, the recipient of the grant shall submit to the 
     Administrator a report describing how the recipient used the 
     amounts from the grant.
       (2) Annual report to congress.--Not later than 1 year after 
     the date of enactment of this Act, and annually thereafter 
     until the date on which 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 $750,000,000 for fiscal year 2024 to carry 
     out this section. Funds appropriated under this Act shall 
     remain available until expended.

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