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