What This Bill Does
This bill directs the Federal Emergency Management Agency (FEMA) to create a grant program that gives money to fire departments and emergency medical services to build, rebuild, and upgrade their facilities. The grants can be used for new construction, renovations, and safety upgrades at fire stations and EMS stations.
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Who It Affects
- Career fire departments (all paid firefighters)
- Volunteer fire departments (all volunteer firefighters)
- Combination fire departments (mix of paid and volunteer)
- Fire training facilities
- Nonprofit emergency medical services organizations not linked to hospitals
- Contractors and construction workers hired for the projects
- Congress and FEMA
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Key Provisions
- FEMA must establish a grant program to help fire and EMS departments modify, upgrade, and construct their facilities (Sec. 2(b))
- Grant money can be split equally among career departments (25%), combination departments (25%), volunteer departments (25%), and open competition between all types (25%) (Sec. 2(i)(1))
- No single organization can receive more than $7,500,000 in grants (Sec. 2(i)(3))
- All construction workers must be paid prevailing wages, meaning at least what workers doing similar construction work earn in that area, plus overtime pay (Sec. 2(j)(1) and 2(j)(2))
- All materials used in construction must be manufactured in the United States (Sec. 2(j)(5))
- Grant recipients must submit annual reports to FEMA describing how they used the money (Sec. 2(l)(1))
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What Changes
If this bill becomes law, FEMA will begin accepting grant applications from qualifying fire departments and EMS organizations. These organizations can then use federal money to build new facilities, expand existing ones, and make safety improvements like installing backup power systems and environmental controls. Construction on these projects must follow specific standards and use American-made materials with workers paid at prevailing rates.
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Important Definitions
- **Career Fire Department**: A fire department where all firefighting staff are paid employees (not called in for emergencies)
- **Volunteer Fire Department**: A fire department made up entirely of volunteers
- **Combination Fire Department**: A fire department with both paid employees and volunteer firefighters
- **EMS**: Emergency medical services (emergency medical care)
- **Nonaffiliated EMS Organization**: A nonprofit emergency medical services organization not connected to a hospital
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 977
To provide grants for fire station construction through the Administrator
of the Federal Emergency Management Agency, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 27, 2023
Mr. VAN HOLLEN (for himself, Ms. MURKOWSKI, Mr. CASEY, Mr. BROWN,
Mr. CARDIN, Ms. STABENOW, Mr. REED, and Mr. TESTER) 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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Facilitating Invest-
4
ments Required for Emergency Services To All Towns In
5
Our Nation Act’’ or the ‘‘FIRE STATION Act’’.
6
SEC. 2. ASSISTANCE TO FIREFIGHTERS FIRE STATION CON-
7
STRUCTION GRANTS.
8
(a) DEFINITIONS.—In this section:
9
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•S 977 IS
(1) ADMINISTRATOR.—The term ‘‘Adminis-
1
trator’’ means the Administrator of the Federal
2
Emergency Management Agency.
3
(2) CAREER
FIRE
DEPARTMENT.—The term
4
‘‘career fire department’’ means a fire department
5
that has an all-paid force of firefighting personnel
6
other than paid-on-call firefighters.
7
(3) COMBINATION
FIRE
DEPARTMENT.—The
8
term ‘‘combination fire department’’ means a fire
9
department that has—
10
(A) paid firefighting personnel; and
11
(B) volunteer firefighting personnel.
12
(4) EMS.—The term ‘‘EMS’’ means emergency
13
medical services.
14
(5) NONAFFILIATED EMS ORGANIZATION.—The
15
term ‘‘nonaffiliated EMS organization’’ means a
16
public or private nonprofit EMS organization that is
17
not affiliated with a hospital and does not serve a
18
geographic area in which the Administrator finds
19
that EMS are adequately provided by a fire depart-
20
ment.
21
(6)
VOLUNTEER
FIRE
DEPARTMENT.—The
22
term ‘‘volunteer fire department’’ means a fire de-
23
partment that has an all-volunteer force of fire-
24
fighting personnel.
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•S 977 IS
(b) GRANT PROGRAM.—The Administrator shall es-
1
tablish a grant program to provide financial assistance to
2
entities described in subsection (c) to modify, upgrade,
3
and construct fire and EMS department facilities.
4
(c) ELIGIBLE APPLICANTS.—The Administrator may
5
make a grant under this section to the following:
6
(1) Career, volunteer, and combination fire de-
7
partments.
8
(2) Fire training facilities.
9
(3) Nonaffiliated EMS organizations, combina-
10
tion and volunteer emergency medical stations (ex-
11
cept that for-profit EMS organizations are not eligi-
12
ble for a grant under this section).
13
(d) APPLICATIONS.—An entity described in sub-
14
section (c) seeking a grant under this section shall submit
15
to the Administrator an application in such form, at such
16
time, and containing such information as the Adminis-
17
trator determines appropriate.
18
(e) MEETING FOR RECOMMENDATIONS.—
19
(1) IN GENERAL.—The Administrator shall con-
20
vene a meeting of qualified members of national fire
21
service organizations and, at the discretion of the
22
Administrator, qualified members of EMS organiza-
23
tions to obtain recommendations regarding the cri-
24
teria for the awarding of grants under this section.
25
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•S 977 IS
(2) QUALIFICATIONS.—For purposes of this
1
subsection, a qualified member of an organization is
2
a member who—
3
(A) is recognized for firefighting or EMS
4
expertise;
5
(B) is not an employee of the Federal Gov-
6
ernment; and
7
(C) in the case of a member of an EMS
8
organization, is a member of an organization
9
that represents—
10
(i) EMS providers that are affiliated
11
with fire departments; or
12
(ii) nonaffiliated EMS providers.
13
(f) PEER REVIEW OF GRANT APPLICATION.—The
14
Administrator shall, in consultation with national fire
15
service and EMS organizations, appoint fire service per-
16
sonnel to conduct peer reviews of applications received
17
under subsection (d).
18
(g) PRIORITY
OF GRANTS.—In awarding grants
19
under this section, the Administrator shall consider the
20
findings and recommendations of the peer reviews carried
21
out under subsection (f).
22
(h) USES OF FUNDS.—
23
(1) IN GENERAL.—A recipient of a grant under
24
this section may use funds received for the following:
25
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•S 977 IS
(A) Building, rebuilding, or renovating fire
1
and EMS department facilities.
2
(B) Upgrading existing facilities to install
3
exhaust emission control systems, install backup
4
power systems, upgrade or replace environ-
5
mental control systems (such as HVAC sys-
6
tems), remove or remediate mold, and construct
7
or modify living quarters for use by male and
8
female personnel.
9
(C) Upgrading fire and EMS stations or
10
building new stations.
11
(2) CODE COMPLIANT.—In using funds under
12
paragraph (1), a recipient of a grant under this sec-
13
tion shall meet 1 of the 2 most recently published
14
editions of relevant codes and standards, especially
15
codes and standards that—
16
(A) require up-to-date hazard resistant and
17
safety provisions; and
18
(B) are relevant for protecting firefighter
19
health and safety.
20
(i) GRANT FUNDING.—
21
(1) IN GENERAL.—The Administrator shall al-
22
locate grant funds under this section as follows:
23
(A) 25 percent for career fire and EMS
24
departments.
25
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•S 977 IS
(B) 25 percent for combination fire and
1
EMS departments.
2
(C) 25 percent for volunteer fire and EMS
3
departments.
4
(D) 25 percent to remain available for
5
competition between the various department
6
types.
7
(2) INSUFFICIENT APPLICATIONS.—If the Ad-
8
ministrator does not receive sufficient funding re-
9
quests from a particular department type described
10
in subparagraphs (A) through (C) of paragraph (1),
11
the Administrator may make awards to other de-
12
partments described in such subparagraphs.
13
(3) LIMITATION ON AWARDS AMOUNTS.—A re-
14
cipient of a grant under this section may not receive
15
more than $7,500,000 under this section.
16
(j) PREVAILING RATE OF WAGE AND PUBLIC CON-
17
TRACTS.—
18
(1) IN GENERAL.—All laborers and mechanics
19
employed by contractors or subcontractors in the
20
performance of construction work financed with the
21
assistance of any contribution of Federal funds
22
made by the Administrator under this section shall
23
be paid wages at rates not less than those prevailing
24
on similar construction in the locality as determined
25
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•S 977 IS
by the Secretary of Labor in accordance with sub-
1
chapter IV of chapter 31 of title 40, United States
2
Code (commonly known as the ‘‘Davis-Bacon Act’’).
3
(2) OVERTIME.—Each employee described in
4
paragraph (1) shall receive compensation at a rate
5
not less than one and 1⁄2 times the basic rate of pay
6
of the employee for all hours worked in any work-
7
week in excess of 8 hours in any workday or 40
8
hours in the workweek, as the case may be.
9
(3) ASSURANCES.—The Administrator shall
10
make no contribution of Federal funds without first
11
obtaining adequate assurance that the labor stand-
12
ards described in paragraphs (1) and (2) will be
13
maintained upon the construction work.
14
(4) AUTHORITY OF SECRETARY OF LABOR.—
15
The Secretary of Labor shall have, with respect to
16
the labor standards described in paragraphs (1) and
17
(2), the authority and functions set forth in Reorga-
18
nization Plan Numbered 14 of 1950 (5 U.S.C. App.)
19
and section 3145 of title 40, United States Code.
20
(5) PUBLIC CONTRACTS.—Contractors and sub-
21
contractors performing construction work pursuant
22
to this section shall procure only manufactured arti-
23
cles, materials, and supplies that have been manu-
24
factured in the United States substantially all from
25
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•S 977 IS
articles, materials, or supplies mined, produced, or
1
manufactured in the United States in accordance
2
with the requirements (and exceptions thereto) ap-
3
plicable to Federal agencies under chapter 83 of title
4
41, United States Code.
5
(k) APPLICABILITY.—Chapter 10 of title 5, United
6
States Code, shall not apply to activities carried out pursu-
7
ant to this section.
8
(l) REPORTING REQUIREMENTS.—
9
(1) ANNUAL
REPORT
TO
ADMINISTRATOR
OF
10
FEMA.—Not later than 1 year after the date of en-
11
actment of this Act, and annually thereafter during
12
the term of a grant awarded under this section, the
13
recipient of the grant shall submit to the Adminis-
14
trator a report describing how the recipient used the
15
amounts from the grant.
16
(2) ANNUAL REPORT TO CONGRESS.—Not later
17
than 1 year after the date of enactment of this Act,
18
and annually thereafter until the date on which the
19
rebuilding or renovation of fire facilities and stations
20
are completed using grant funds under this section,
21
the Administrator shall submit to the Committee on
22
Homeland Security and Governmental Affairs of the
23
Senate and the Committees on Transportation and
24
Infrastructure and Science, Space, and Technology
25
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•S 977 IS
of the House of Representatives a report that pro-
1
vides an evaluation of the effectiveness of the grants
2
awarded under this section.
3
(m) AUTHORIZATION OF APPROPRIATIONS.—There is
4
authorized to be appropriated $750,000,000 for fiscal year
5
2024 to carry out this section. Funds appropriated under
6
this Act shall remain available until expended.
7
Æ
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