II 117th CONGRESS 2d Session S. 3592 IN THE SENATE OF THE UNITED STATES February 7 (legislative day, February 3), 2022 Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide additional funding for firefighter staffing and safety grants, and for other purposes.

1. Short title This Act may be cited as the Firefighter Staffing and Support Act . 2. Firefighter safety grants Section 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ) is amended— (1) in subsection (d), by striking paragraph (4); (2) in subsection (q)(1)— (A) in the matter preceding subparagraph (A), by inserting , and there is appropriated, after appropriated ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B)— (i) in the matter preceding clause (i), by striking 2023 and inserting 2022 ; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (C) $913,000,000 for fiscal year 2023; and (D) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which— (i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds (ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). ; and (3) by striking subsection (r). 3. SAFER grants Section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ) is amended— (1) in subsection (j)(1)— (A) in the matter preceding subparagraph (A), by inserting , and there is appropriated, after appropriated ; (B) in subparagraph (H), by striking and at the end; (C) in subparagraph (I)— (i) in the matter preceding clause (i), by striking 2023 and inserting 2022 ; and (ii) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (J) $913,000,000 for fiscal year 2023; and (K) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which— (i) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds (ii) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). ; and (2) by striking subsection (k). 4. Technical assistance The Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ) is amended by adding at the end the following: 38. Technical assistance In addition to amounts made available under sections 33(q)(2) and 34(j)(2), there is authorized to be appropriated, and there is appropriated, to provide technical assistance to qualified entities described in sections 33(c)(1) and 34(a) to prepare and submit an application for a grant under section 33(e) or 34(b)— (1) $10,000,000 for fiscal year 2023; and (2) for each of fiscal years 2024 through 2028, an amount equal to the amount authorized for the previous fiscal year increased by the percentage by which— (A) the Consumer Price Index (all items, United States city average) for the previous fiscal year, exceeds (B) the Consumer Price Index for the fiscal year preceding the fiscal year described in clause (i). . 5. Reports from FEMA and United States Fire Administration Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency and the Administrator of the United States Fire Administration shall submit to Congress and make publicly available— (1) a report on plans to improve the application process for grants under sections 33 and 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 , 2229a) to ease access to those grant funds; and (2) a report on the challenges specific to rural and volunteer fire departments, as defined in section 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ), which shall include an action plan to address these challenges through the grants described in paragraph (1) and other administrative action. 6. Protections for volunteers from employer discrimination The Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ), as amended by section 4 of this Act, is amended by adding at the end the following: 39. Volunteer firefighter and EMS personnel job protection (a) Definitions In this section: (1) Emergency; major disaster The terms emergency and major disaster have the meanings given those terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (2) Qualified volunteer fire department The term qualified volunteer fire department has the meaning given such term in section 150(e) of the Internal Revenue Code of 1986. (3) Volunteer emergency medical services The term volunteer emergency medical services means emergency medical services performed on a voluntary basis for a fire department or other emergency organization. (4) Volunteer firefighter The term volunteer firefighter means an individual who is a member in good standing of a qualified volunteer fire department. (b) Termination of employment of volunteer firefighters and emergency medical personnel prohibited (1) Termination prohibited No employee may be terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment because such employee is absent from or late to the employee's employment for the purpose of serving as a volunteer firefighter or providing volunteer emergency medical services as part of a response to an emergency or major disaster. (2) Deployment The prohibition in paragraph (1) shall apply to an employee serving as a volunteer firefighter or providing volunteer emergency medical services if such employee— (A) is specifically deployed to respond to the emergency or major disaster in accordance with a coordinated national deployment system such as the Emergency Management Assistance Compact or a pre-existing mutual aid agreement; or (B) is a volunteer firefighter who— (i) is a member of a qualified volunteer fire department that is located in the State in which the emergency or major disaster occurred; (ii) is a member of a qualified fire department that has a mutual aid agreement with a community affected by such emergency or major disaster; and (iii) has been deployed by the emergency management agency of such State to respond to such emergency or major disaster. (3) Limitations The prohibition in paragraph (1) shall not apply to an employee who— (A) is absent from the employee’s employment for the purpose described in paragraph (1) for more than 14 days per calendar year; (B) responds to the emergency or major disaster without being officially deployed as described in paragraph (2); or (C) fails to provide the written verification described in paragraph (5) within a reasonable period of time. (4) Withholding of pay An employer may reduce an employee’s regular pay for any time that the employee is absent from the employee's employment for the purpose described in paragraph (1). (5) Verification An employer may require an employee to provide a written verification from the official of the Federal Emergency Management Agency supervising the Federal response to the emergency or major disaster or a local or State official managing the local or State response to the emergency or major disaster that states— (A) the employee responded to the emergency or major disaster in an official capacity; and (B) the schedule and dates of the employee's participation in such response. (6) Reasonable notice required An employee who may be absent from or late to the employee’s employment for the purpose described in paragraph (1) shall— (A) make a reasonable effort to notify the employee’s employer of such absence; and (B) continue to provide reasonable notifications over the course of such absence. (c) Right of action (1) Right of action An individual who has been terminated, demoted, or in any other manner discriminated against in the terms and conditions of employment in violation of the prohibition described in subsection (b) may bring, in a district court of the United States of appropriate jurisdiction, a civil action against the employer of the individual seeking— (A) reinstatement of the individual’s former employment; (B) payment of back wages; (C) reinstatement of fringe benefits; and (D) if the employment granted seniority rights, reinstatement of seniority rights. (2) Limitation The individual shall commence a civil action under this subsection not later than 1 year after the date of the violation of the prohibition described in subsection (b). (d) Enforcement The Administrator of FEMA, in coordination with the Secretary of Labor, shall have the authority to issue rules to enforce this section. .