I
106TH CONGRESS
2D SESSION
H. R. 4146
To authorize appropriations to address the needs of State and local emergency
responders, and for other purposes.
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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Agriculture, Commerce, Resources, and Banking and Finan-
cial Services, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Help Emergency Re-
sponders Operate Act’’.
SEC. 2. VOLUNTEER FIRE ASSISTANCE PROGRAM.
There are authorized to be appropriated to the Sec-
retary 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 SERV-
ICES.
Subtitle A of title VI of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C.
5196 et seq.) is amended by adding at the end the fol-
lowing new section:
‘‘SEC. 616. LOAN GUARANTEES FOR LOW-INTEREST LOANS
FOR VOLUNTEER FIRE AND RESCUE SERV-
ICES.
‘‘(a) IN
GENERAL.—The Director may, using
amounts in the account established under subsection
(i)(1), guarantee loans to volunteer fire and rescue agen-
cies 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 res-
cue agency may be used only—
‘‘(1) to purchase equipment necessary for prop-
er performance of the duties of the agency, including
fire fighting apparatus and equipment, ambulances
and rescue vehicles, protective equipment and cloth-
ing, and training equipment;
‘‘(2) to repair, rehabilitate, or otherwise im-
prove existing facilities of the agency;
‘‘(3) to carry out public education programs re-
garding 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 per-
centage 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 ap-
propriate;
‘‘(5) contain terms providing for the complete
amortization of the loan principal that require peri-
odic 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 sec-
ondary liens, and other matters as the Director con-
siders 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.—Notwith-
standing 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 ac-
tivities for which the loan guaranteed under this sec-
tion 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 out-
dated or unsafe; or
‘‘(B) the demand for the services of the
volunteer fire and rescue agency that is the bor-
rower 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 pay-
ment 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 di-
rectly to provide fire and rescue services, not includ-
ing administrative support services.
‘‘(2) VOLUNTEER FIRE AND RESCUE AGENCY.—
The term ‘volunteer fire and rescue agency’ includes
volunteer fire companies, ambulance services, haz-
ardous materials units, and rescue squads.
‘‘(i) FUNDING AND ACCOUNT.—
‘‘(1) VOLUNTEER FIRE AND RESCUE SERVICES
LOAN ACCOUNT.—There is established in the Treas-
ury of the United States an account for the purpose
of providing loan guarantees under this section. The
account shall be credited with any amounts appro-
priated 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 car-
rying out all operations relating to making and pay-
ment of such guarantees, which shall include any ad-
ministrative expenses relating to making such guar-
antees.
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to the ac-
count 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 Congres-
sional Budget Act of 1974) of loan guarantees pro-
vided under this section.’’.
SEC. 4. COUNTERTERRORISM TRAINING.
Subtitle A of title VI of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C.
5196 et seq.), as amended by section 3 of this Act, is fur-
ther amended by adding at the end the following new sec-
tion:
‘‘SEC. 617. COUNTERTERRORISM TRAINING.
‘‘There are authorized to be appropriated to the Di-
rector $20,000,000 for each of the fiscal years 2001 and
2002 to make grants directly to local fire and rescue serv-
ices, including volunteer fire companies, ambulance serv-
ices, 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 estab-
lish 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 car-
rying out this section $10,000,000 for each of the fiscal
years 2001 and 2002.
SEC. 6. FIRE AND EMERGENCY MEDICAL GRANTS PRO-
GRAM.
(a) ESTABLISHMENT.—The Director of the Federal
Emergency Management Agency shall establish a program
to award grants to volunteer, paid, and combined depart-
ments that provide fire and emergency medical services.
(b) AUTHORIZED USES.—Grants awarded under this
section may be used—
(1) to acquire personal protective equipment re-
quired for firefighting personnel by the Occupational
Safety and Health Administration, and other per-
sonal protective equipment for firefighting personnel;
(2) to acquire additional firefighting equipment,
including equipment for communication and moni-
toring;
(3) to establish wellness and fitness programs
for firefighting personnel to reduce the number of
injuries and deaths related to health and condi-
tioning 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 fire-
fighting, 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 de-
tection, and juvenile fire setter intervention; and
(9) to modify fire stations, fire training facili-
ties, 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 pe-
riod 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 car-
rying 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 sub-
section (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 mega-
hertz and 140.5 megahertz, inclusive, and between 141.5
megahertz and 143 megahertz, inclusive, to interoper-
ability 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 Geologi-
cal 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 DEVELOP-
MENT 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 fol-
lowing new paragraph:
‘‘(24) provision of assistance to local fire fight-
ing, emergency medical, or rescue units serving low-
income communities for—
‘‘(A) acquisition, repair, or rehabilitation
of equipment (including any accessory, commu-
nications, or protective equipment) or vehicles
for fire fighting, emergency medical, or rescue
services,
‘‘(B) construction, acquisition, rehabilita-
tion, or improvement of facilities for local fire
fighting, emergency medical, or rescue services,
or
‘‘(C) training or planning involved in pro-
viding fire fighting, emergency medical, or res-
cue 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.’’.
Æ