HR 4146

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IN THE HOUSE OF REPRESENTATIVES

March 30, 2000

Mr. Smith of Michigan (for himself, Ms. Eddie Bernice Johnson of Texas, Mr. Weldon of Florida, Mr. Bishop, Mr. Boehlert, Mr. Andrews, Mr. Ehlers, Mr. Sherwood, Mr. Larson, Mr. Barcia, and Mr. Upton) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Agriculture, Commerce, Resources, and Banking and Financial Services, 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 authorize appropriations to address the needs of State and local emergency responders, 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. SHORT TITLE.

This Act may be cited as the “Help Emergency Responders Operate Act”.

SEC. 2. VOLUNTEER FIRE ASSISTANCE PROGRAM.

There are authorized to be appropriated to the Secretary of Agriculture for carrying out section 10(b) (1) through (3) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106(b) (1) through (3)), $10,000,000 for each of the fiscal years 2001 and 2002.

SEC. 3. LOAN GUARANTEES FOR LOW-INTEREST LOANS FOR VOLUNTEER FIRE AND RESCUE SERVICES.

Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding at the end the following new section:

“SEC. 616. LOAN GUARANTEES FOR LOW-INTEREST LOANS FOR VOLUNTEER FIRE AND RESCUE SERVICES.

“(a) In General.—The Director may, using amounts in the account established under subsection (i)(1), guarantee loans to volunteer fire and rescue agencies for the purposes described in subsection (b) for the entire principal and interest on the loan.

“(b) Use of Amounts.—The proceeds of a loan guaranteed under this section to a volunteer fire and rescue agency may be used only—

“(1) to purchase equipment necessary for proper performance of the duties of the agency, including fire fighting apparatus and equipment, ambulances and rescue vehicles, protective equipment and clothing, and training equipment;

“(2) to repair, rehabilitate, or otherwise improve existing facilities of the agency;

“(3) to carry out public education programs regarding fire prevention, life safety, and arson;

“(4) for enforcement of fire codes;

“(5) for carrying out and improving training programs regarding arson investigation, hazardous materials, and anti- terrorism; or

“(6) to develop or enhance safety programs for firefighters and rescue personnel.

“(c) Loan Terms.—A loan guaranteed under this section shall—

“(1) be made for a term not to exceed 20 years;

“(2) involve a rate of interest established by the Director that does not exceed the rate that is 2 percentage points below the then prevailing interest rate for loans of a similar nature, as determined by the Director;

“(3) involve a principal obligation not exceeding $200,000;

“(4) be subject to such requirements regarding security for repayment as the Director considers appropriate;

“(5) contain terms providing for the complete amortization of the loan principal that require periodic payments by the borrower not in excess of the capacity of the borrower to make such payments, as the Director considers appropriate; and

“(6) contain such other terms with respect to insurance, repairs, default reserves, delinquency charges, anticipation of maturity, additional and secondary liens, and other matters as the Director considers appropriate.

“(d) Guarantee Fee.—At the time of issuance of a loan guaranteed under this section, the Director may collect from the lender of the loan a fee of 1 percent of the principal obligation of the loan.

“(e) Prohibition Against Assumption.—Notwithstanding the transfer of any property acquired with the proceeds of a loan under this section, the borrower under the loan may not be relieved of liability with respect to the loan.

“(f) Selection of Borrowers.—The Director shall establish and use criteria for selection of applicants to receive loan guarantees under this section, which shall—

“(1) provide for the Director to make loan guarantees for as many qualified applicants as is practicable, taking into consideration the aggregate limitations on the amount of guarantees under this section and the appropriate size of a loan necessary to allow an applicant to effectively carry out the activities for which the loan guaranteed under this section was made; and

“(2) in the case of a loan to be used for the purposes under paragraph (1) or (2) of subsection (b), take into consideration the extent to which—

“(A) the equipment, apparatus, or facilities to be replaced, repaired, or modified are outdated or unsafe; or

“(B) the demand for the services of the volunteer fire and rescue agency that is the borrower has increased during the 2-year period preceding the date of the application for the guarantee.

“(g) Payment of Guarantees.—The Director may take such actions as may be necessary to provide for payment of guarantees under this section and protection of the interests of the United States under such guarantees.

“(h) Definitions.—For purposes of this section:

“(1) Facility.—The term ‘facility’ means a building that houses equipment or personnel used directly to provide fire and rescue services, not including administrative support services.

“(2) Volunteer fire and rescue agency.—The term ‘volunteer fire and rescue agency’ includes volunteer fire companies, ambulance services, hazardous materials units, and rescue squads.

“(i) Funding and Account.—

“(1) Volunteer fire and rescue services loan account.— There is established in the Treasury of the United States an account for the purpose of providing loan guarantees under this section. The account shall be credited with any amounts appropriated to the account, any guarantee fees collected under subsection (d), and any other collections of the Director pursuant to this section. Amounts in the account shall be available, to the extent provided in appropriation Acts, for fulfilling obligations under loan guarantees made under this section and for carrying out all operations relating to making and payment of such guarantees, which shall include any administrative expenses relating to making such guarantees.

“(2) Authorization of appropriations.—There is authorized to be appropriated to the account under paragraph (1) $35,000,000 for each of the fiscal years 2001 and 2002 to cover the costs (as such term is defined in section 502 of the Congressional Budget Act of 1974) of loan guarantees provided under this section.”.

SEC. 4. COUNTERTERRORISM TRAINING.

Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.), as amended by section 3 of this Act, is further amended by adding at the end the following new section:

“SEC. 617. COUNTERTERRORISM TRAINING.

“There are authorized to be appropriated to the Director $20,000,000 for each of the fiscal years 2001 and 2002 to make grants directly to local fire and rescue services, including volunteer fire companies, ambulance services, hazardous materials units, and rescue squads, for equipment, including interoperability radio equipment.”.

SEC. 5. BURN GRANT PROGRAMS.

(a) Establishment of Office.—The Director of the Federal Emergency Management Agency shall establish an office in the Agency to establish specific criteria of grant recipients and to administer grants under this section.

(b) Burn Prevention.—The Director may make grants, on a competitive basis, to safety organizations that have experience in conducting burn safety programs for the purpose of assisting those organizations in conducting burn prevention programs or augmenting existing burn prevention programs.

(c) Acute Burn Care.—The Director may make grants, on a competitive basis, to hospitals that serve as regional burn centers to conduct acute burn care research.

(d) After-Burn Treatment and Counseling.—The Director may make grants, on a competitive basis, to governmental and nongovernmental entities to provide after-burn treatment and counseling to individuals that are burn victims.

(e) Authorization of Appropriations.—There are authorized to be appropriated to the Director for carrying out this section $10,000,000 for each of the fiscal years 2001 and 2002.

SEC. 6. FIRE AND EMERGENCY MEDICAL GRANTS PROGRAM.

(a) Establishment.—The Director of the Federal Emergency Management Agency shall establish a program to award grants to volunteer, paid, and combined departments that provide fire and emergency medical services.

(b) Authorized Uses.—Grants awarded under this section may be used—

(1) to acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel;

(2) to acquire additional firefighting equipment, including equipment for communication and monitoring;

(3) to establish wellness and fitness programs for firefighting personnel to reduce the number of injuries and deaths related to health and conditioning problems;

(4) to promote professional development of fire code enforcement personnel;

(5) to integrate computer technology to improve records management and training capabilities;

(6) to train firefighting personnel in firefighting, emergency response, and arson prevention and detection;

(7) to enforce fire codes;

(8) to fund fire prevention programs and public education programs about arson prevention and detection, and juvenile fire setter intervention; and

(9) to modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel.

(c) Contents of Applications.—Applications for grants under this section shall include—

(1) a demonstration of financial need;

(2) evidence of a commitment for at least an equal amount as the amount of the grant sought, to be provided by non- Federal sources;

(3) a cost benefit analysis linking the funds to improvements in public safety; and

(4) a commitment to provide information to the National Fire Incident Reporting System for the period for which the grant is received.

(d) Audits.—Grant recipients under this section shall be subject to audits to ensure that the funds are spent for their intended purposes.

(e) Authorization of Appropriations.—There are authorized to be appropriated to the Director for carrying out this section $80,000,000 for each of the fiscal years 2001 and 2002.

SEC. 7. ALLOCATION OF ELECTROMAGNETIC SPECTRUM.

Section 337 of the Communications Act of 1934 (47 U.S.C. 337) is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by adding after subsection (e) the following new subsection:

“(f) Allocation for Interoperability Use by Public Safety Entities.—In addition to the allocations and assignments otherwise made pursuant to this section, within 30 days after the date of the enactment of the Help Emergency Responders Operate Act, the Commission shall allocate the electromagnetic spectrum between 139 megahertz and 140.5 megahertz, inclusive, and between 141.5 megahertz and 143 megahertz, inclusive, to interoperability use by public safety services.”.

SEC. 8. SATELLITE SYSTEM.

(a) Authorization of Appropriations.—There are authorized to be appropriated to the Secretary of the Interior for fiscal year 2001 for the United States Geological Survey for the Hazard Support System, $15,000,000 for system improvements, and $4,000,000 for operation and maintenance.

(b) Study.—Not later than 9 months after the date of the enactment of this Act, the Secretary of the Interior shall transmit to the Congress a report on the results of a study, carried out in consultation with the National Interagency Fire Center and State fire services, of the best methods of disseminating data from the Hazard Support System to State and local fire mitigation entities for real- time fire detection.

SEC. 9. ELIGIBILITY OF FIRE FIGHTING FACILITIES AND EQUIPMENT UNDER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

(a) Eligible Activities.—Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended—

(1) in paragraph (23), by striking the period at the end and inserting a semicolon; and

(2) by inserting after paragraph (23) the following new paragraph:

“(24) provision of assistance to local fire fighting, emergency medical, or rescue units serving low-income communities for—

“(A) acquisition, repair, or rehabilitation of equipment (including any accessory, communications, or protective equipment) or vehicles for fire fighting, emergency medical, or rescue services,

“(B) construction, acquisition, rehabilitation, or improvement of facilities for local fire fighting, emergency medical, or rescue services, or

“(C) training or planning involved in providing fire fighting, emergency medical, or rescue services; and”.

(b) Use for Low- and Moderate-Income Areas.—Section 105(c) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(c)) is amended by adding at the end the following new paragraph:

“(5) An assisted activity described in subsection (a)(24) shall be considered to benefit persons of low and moderate income if the service provides such services to low- and moderate-income persons.”. <all>