S. 4690 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4690 IN THE SENATE OF THE UNITED STATES August 1, 2022Mr. Van Hollen (for himself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide grants for fire station construction through the Administrator of the Federal Emergency Management Agency, and for other purposes. 1. Short title This Act may be cited as the Fire Station Construction Grants Act. 2. 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 paragraphs. (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 of FACA The Federal Advisory Committee Act (5 U.S.C. App.) 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 $1,000,000,000 for fiscal year 2022 to carry out this section. Funds appropriated under this Act shall remain available until expended.