[Congressional Record Volume 149, Number 21 (Wednesday, February 5, 2003)]
[Senate]
[Pages S2007-S2010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Hollings, Mr. Biden, Mr. DeWine, 
        and Ms. Cantwell):
  S. 321. A bill to provide for the establishment of a scientific basis 
for new firefighting technology standards, improve coordination among 
Federal, State, and local fire officials in training for and responding 
to terrorist attacks and other national emergencies, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, I am pleased to be joined by Senators 
Hollings, Biden, DeWine, and Cantwell in introducing the Firefighting 
Research and Coordination Act. This legislation would provide for the 
establishment of a scientific basis for new firefighting technology 
standards; improved coordination between Federal, State, and local fire 
officials in training and response to a terrorist attack or a national 
emergency; and authorize the National Fire Academy to offer training to 
improve the ability of firefighters to respond to events such as the 
tragedy of September 11, 2001. Representatives Camp, Deutsch, Israel, 
Etheridge, and Weldon are introducing companion legislation. Similar 
legislation was approved by the Senate Commerce Committee last 
September.
  The purpose of this legislation is to act upon some of the lessons 
learned from the tragic terrorist attacks, and also address other 
problems faced by the fire services. On September 11, the New York City 
firefighters and emergency service personnel acted with great heroism 
in selflessly rushing to the World Trade Center and saving the lives of 
many Americans. Tragically, 343 firefighters and EMS technicians paid 
the ultimate price in the service of their country.
  While we strive to prevent any future attack in the United States, it 
is our duty to ensure that we are adequately prepared to respond to any 
future catastrophic act of terrorism. In addition,

[[Page S2008]]

we must recognize that many of the preparations we make to improve the 
response to national emergencies also will aid our firefighters for 
their everyday role in protecting our families and homes.
  Today's firefighters use a variety of technologies including thermal 
imaging equipment, devices for locating firefighters and victims, and 
state-of-the-art protective suits to fight fires, clean up chemical or 
hazardous waste spills, and contend with potential terrorist devices. 
The Federal Government's Firefighter Investment and Response 
Enhancement, FIRE, program is authorized for $900 million for Fiscal 
Year 2004 to assist local fire departments in purchasing this high-tech 
equipment. It is important that the American taxpayers' money is used 
to buy equipment that will effectively protect our local communities 
and the responders.
  Unfortunately, there are no uniform technical standards for new 
equipment used in combating fires. Without such standards, local fire 
companies may purchase equipment that does not satisfy their needs, or 
even purchase faulty equipment. A January 2003 Consumer Reports article 
states that much of the emergency equipment sold today is not tested or 
certified by the government or independent labs. The article states 
that ``the confusion will get worse, emergency departments say, as new 
equipment floods the market in response to increased government 
funding.'' The lives of professional and volunteer emergency personnel, 
and the citizens they protect, are at risk from untested equipment.
  This bill seeks to address the need for new equipment standards by 
establishing a scientific basis for voluntary consensus standards. It 
would authorize the U.S. Fire Administrator to work with the National 
Institute of Standards and Technology, the Inter-Agency Board for 
Equipment Standardization and Inter-Operability, other federal, state, 
and local agencies, national voluntary consensus standards development 
organizations, and other interested parties to establish measurement 
techniques and testing methodologies for new firefighting equipment. 
These new techniques and methodologies will act as a scientific basis 
for the development of voluntary consensus standards. This bill would 
allow the federal government to work with the private sector in 
developing the basic uniform performance criteria and technical 
standards to ensure the effectiveness and compatibility of these new 
technologies. The bill would authorize $2.2 million in Fiscal Year 2004 
for these efforts.
  As my colleagues know, many issues regarding coordination surfaced on 
September 11. Titan Systems Corporation recently issued an after-action 
report, on behalf of the fire department of Arlington County, VA, which 
highlighted problems between the coordination of Washington D.C., and 
Arlington County fire departments. The report cited the confusion 
caused by a large influx of self-dispatched volunteers, and increased 
risk faced by the ``bonafide responders.'' These conclusions are 
consistent with an article by the current U.S. Fire Administrator, R. 
David Paulison, in the June 1993 issue of Fire Chief magazine, where he 
described being overwhelmed by the number of uncoordinated volunteer 
efforts that poured into Florida after Hurricane Andrew. Additionally, 
many fire officials and the General Accounting Office, GAO, have 
highlighted the duplicative nature of many Federal programs and the 
need for better coordination between Federal, State, and local 
officials.
  The bill seeks to address these problems by directing the U.S. Fire 
Administrator to provide technical assistance and training for state 
and local fire service officials to establish nationwide and state 
mutual aid systems for responding to national emergencies. These mutual 
aid plans would include collection of accurate asset and resource 
information to ensure that local fire services could work together to 
deploy equipment and personnel effectively during an emergency. The 
bill also would direct the U.S. Fire Administrator to report on the 
need for a strategy for deploying volunteers, including the use of a 
national credentialing system. This legislation also would authorize 
the Director of the Federal Emergency Management Agency to update the 
Federal Response Plan to incorporate plans for responding to terrorist 
attacks, especially events in urban areas. This update would include 
fire detection, suppression, and related emergency services.
  The bill would improve the training of State and local firefighters. 
It would authorize the National Fire Academy to offer courses in 
building collapse rescue; the use of technology in response to fires 
caused by terrorist attacks and other national emergencies; leadership 
and strategic skills including integrated management systems 
operations; deployment of new technology for fighting forest and wild 
fires; fighting fires at ports; and other courses related to tactics 
and strategies for responding to terrorist incidents and other fire 
services' needs.
  Finally, this bill would also direct the U.S. Fire Administrator to 
coordinate the National Fire Academy's training programs with the 
Attorney General, Secretary of Health and Human Services and other 
federal agencies to prevent and eliminate the duplication in training 
programs that has been identified by the GAO.
  In 2001, we were caught unprepared and paid a terrible price as a 
result. While we will never be able to prevent firefighter deaths 
because of the risks involved, it is our obligation to help ensure that 
future firefighters are adequately equipped and trained, and are 
working in coordination to respond to any future national emergencies.
  I am pleased to announce that this legislation is supported by the 
National Volunteer Fire Council; the Congressional Fire Services 
Institute; the National Fire Protection Association; the International 
Association of Fire Chiefs; the International Association of Fire 
Fighters; the International Association of Arson Investigators; 
International Society of Fire Service Instructors; North American Fire 
Training Directors and the International Fire Service Training 
Association. I ask unanimous consent that the letter of endorsement be 
printed in the Record. I also ask unanimous consent that the text of 
the bill also be printed in the Record.
  There being no objection, the material ordered to be printed in the 
Record, as follows:

                                 S. 321

       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 ``Firefighting Research and 
     Coordination Act''.

     SEC. 2. NEW FIREFIGHTING TECHNOLOGY.

       (a) In General.--Section 8 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2207) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Development of New Technology.--
       ``(1) In general.--In addition to, or as part of, the 
     program conducted under subsection (a), the Administrator, in 
     consultation with the National Institute of Standards and 
     Technology, the Inter-Agency Board for Equipment 
     Standardization and Inter-Operability, national voluntary 
     consensus standards development organizations, interested 
     Federal, State, and local agencies, and other interested 
     parties, shall--
       ``(A) develop new, and utilize existing, measurement 
     techniques and testing methodologies for evaluating new 
     firefighting technologies, including--
       ``(i) personal protection equipment;
       ``(ii) devices for advance warning of extreme hazard;
       ``(iii) equipment for enhanced vision;
       ``(iv) devices to locate victims, firefighters, and other 
     rescue personnel in above-ground and below-ground structures;
       ``(v) equipment and methods to provide information for 
     incident command, including the monitoring and reporting of 
     individual personnel welfare;
       ``(vi) equipment and methods for training, especially for 
     virtual reality training; and
       ``(vii) robotics and other remote-controlled devices;
       ``(B) evaluate the compatibility of new equipment and 
     technology with existing firefighting technology; and
       ``(C) support the development of new voluntary consensus 
     standards through national voluntary consensus standards 
     organizations for new firefighting technologies based on 
     techniques and methodologies described in subparagraph (A).
       ``(2) New equipment must meet standards.--For equipment for 
     which applicable voluntary consensus standards have been 
     established, the Administrator shall, by regulation, require 
     that equipment or systems purchased through the assistance 
     program established by section 33 meet or exceed applicable 
     voluntary consensus standards.''.
       (b) Authorization of Appropriations.--Section 17 of the 
     Federal Fire Prevention

[[Page S2009]]

     and Control Act of 1974 (15 U.S.C. 2216) is amended by adding 
     at the end the following:
       ``(i) Development of New Technology.--There are authorized 
     to be appropriated to the Administrator to carry out section 
     8(e) $2,200,000 for fiscal year 2004.''.

     SEC. 3. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY.

       (a) In General.--Section 10 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2209) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Mutual Aid Systems.--
       ``(1) In general.--The Administrator, after consultation 
     with the Director of the Federal Emergency Management Agency, 
     shall provide technical assistance and training to State and 
     local fire service officials to establish nationwide and 
     State mutual aid systems for dealing with national 
     emergencies that--
       ``(A) include threat assessment and equipment deployment 
     strategies;
       ``(B) include means of collecting asset and resource 
     information to provide accurate and timely data for regional 
     deployment; and
       ``(C) are consistent with the Federal Emergency Management 
     Agency's Federal Response Plan.
       ``(2) Model mutual aid plans.--The Administrator, in 
     consultation with the Director of the Federal Emergency 
     Management Agency, shall develop and make available to State 
     and local fire service officials model mutual aid plans for 
     both intrastate and interstate assistance.''.
       (b) Report on Strategic Needs.--Within 90 days after the 
     date of enactment of this Act, the Administrator of the 
     United States Fire Administration shall report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Science on the need for 
     a strategy concerning deployment of volunteers and emergency 
     response personnel (as defined in section 6 of the 
     Firefighters' Safety Study Act (15 U.S.C. 2223e), including a 
     national credentialing system, in the event of a national 
     emergency.
       (c) Update of Federal Response Plan.--Within 180 days after 
     the date of enactment of this Act, the Director of the 
     Federal Emergency Management Agency shall--
       (1) revise that Agency's Federal Response Plan to 
     incorporate plans for responding to terrorist attacks, 
     particularly in urban areas, including fire detection and 
     suppression and related emergency services; and
       (2) transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Science describing the action taken to comply 
     with paragraph (1).

     SEC. 4. TRAINING.

       (a) In General.--Section 8(d)(1) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) is 
     amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (E);
       (2) by redesignating subparagraph (F) as subparagraph (N); 
     and
       (3) by inserting after subparagraph (E) the following:
       ``(F) strategies for building collapse rescue;
       ``(G) the use of technology in response to fires, including 
     terrorist incidents and other national emergencies;
       ``(H) response, tactics, and strategies for dealing with 
     terrorist-caused national catastrophes;
       ``(I) use of and familiarity with the Federal Emergency 
     Management Agency's Federal Response Plan;
       ``(J) leadership and strategic skills, including integrated 
     management systems operations and integrated response;
       ``(K) applying new technology and developing strategies and 
     tactics for fighting forest fires;
       ``(L) integrating terrorism response agencies into the 
     national terrorism incident response system;
       ``(M) response tactics and strategies for fighting fires at 
     United States ports, including fires on the water and aboard 
     vessels; and''.
       (b) Consultation on Fire Academy Classes.--The 
     Superintendent of the National Fire Academy may consult with 
     other Federal, State, and local agency officials in 
     developing curricula for classes offered by the Academy.
       (c) Coordination With Other Programs To Avoid 
     Duplication.--The Administrator of the United States Fire 
     Administration shall coordinate training provided under 
     section 8(d)(1) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2206(d)(1)) with the Attorney General, 
     the Secretary of Health and Human Services, and the heads of 
     other Federal agencies--
       (1) to ensure that such training does not duplicate 
     existing courses available to fire service personnel; and
       (2) to establish a mechanism for eliminating duplicative 
     training programs.
                                  ____


    Statement of Senator John McCain, Chairman, Senate Committee on 
Commerce, Science, and Transportation on the Firefighting Research and 
                            Coordination Act

       Mr. President, I am pleased to be joined by Senators 
     Hollings, Biden, DeWine and Cantwell in introducing the 
     Firefighting Research and Coordination Act. This legislation 
     would provide for the establishment of a scientific basis for 
     new firefighting technology standards; improved coordination 
     between Federal, state, and local fire officials in training 
     and response to a terrorist attack or a national emergency; 
     and authorize the National Fire Academy to offer training to 
     improve the ability of firefighters to respond to events such 
     as the tragedy of September 11, 2001. Representatives Camp, 
     Deutsch, Israel, Etheridge and Weldon are introducing 
     companion legislation. Similar legislation was approved by 
     the Senate Commerce Committee last September.
       The purpose of this legislation is to act upon some of the 
     lessons learned from the tragic terrorist attacks, and also 
     address other problems faced by the fire services. On 
     September 11, the New York City firefighters and emergency 
     service personnel acted with great heroism in selflessly 
     rushing to the World Trade Center and saving the lives of 
     many Americans. Tragically, 343 firefighters and EMS 
     technicians paid the ultimate price in the service of their 
     country.
       While we strive to prevent any future attack in the United 
     States, it is our duty to ensure that we are adequately 
     prepared to respond to any future catastrophic act of 
     terrorism. In addition, we must recognize that many of the 
     preparations we make to improve the response to national 
     emergencies also will aid our firefighters for their everyday 
     role in protecting our families and homes.
       Today's firefighters use a variety of technologies 
     including thermal imaging equipment, devices for locating 
     firefighters and victims, and state-of-the-art protective 
     suits to fight fires, clean up chemical or hazardous waste 
     spills, and contend with potential terrorist devices. The 
     federal government's Firefighter Investment and Response 
     Enhancement (FIRE) program is authorized for $900 million for 
     Fiscal Year 2004 to assist local fire departments in 
     purchasing this high-tech equipment. It is important that the 
     American taxpayers' money is used to buy equipment that will 
     effectively protect our local communities and the responders.
       Unfortunately, there are no uniform technical standards for 
     new equipment used in combating fires. Without such 
     standards, local fire companies may purchase equipment that 
     does not satisfy their needs, or even purchase faulty 
     equipment. A January 2003 Consumer Reports article states 
     that much of the emergency equipment sold today is not tested 
     or certified by the government or independent labs. The 
     article states that ``the confusion will get worse, 
     emergency departments say, as new equipment floods the 
     market in response to increase government funding.'' The 
     lives of professional and volunteer emergency personnel--
     and the citizens they protect--are at risk from untested 
     equipment.
       This bill seeks to address the need for new equipment 
     standards by establishing a scientific basis for voluntary 
     consensus standards. It would authorize the U.S. Fire 
     Administrator to work with the National Institute of 
     Standards and Technology, the Inter-Agency Board for 
     Equipment Standardization and Inter-Operability, other 
     federal, state, and local agencies, national voluntary 
     consensus standards development organizations, and other 
     interested parties to establish measurement techniques and 
     testing methodologies for new firefighting equipment. These 
     new techniques and methodologies will act as a scientific 
     basis for the development of voluntary consensus standards. 
     This bill would allow the federal government to work with the 
     private sector in developing the basic uniform performance 
     criteria and technical standards to ensure the effectiveness 
     and compatibility of these new technologies. The bill would 
     authorize $2.2 million in Fiscal Year 2004 for these efforts.
       As my colleagues know, many issues regarding coordination 
     surfaced on September 11. Titan Systems Corporation recently 
     issued an after-action report, on behalf of the fire 
     department of Arlington County, Virginia, which highlighted 
     problems between the coordination of Washington D.C., and 
     Arlington County fire departments. The report cited the 
     confusion caused by a large influx of self-dispatched 
     volunteers, and increased risk faced by the ``bonafide 
     responders.'' These conclusions are consistent with an 
     article by the current U.S. Fire Administrator, R. David 
     Paulison, in the June 1993 issue of Fire Chief magazine, 
     where he described being overwhelmed by the number of 
     uncoordinated volunteer efforts that poured into Florida 
     after Hurricane Andrew. Additionally, many fire officials and 
     the General Accounting Office (GAO) have highlighted the 
     duplicative nature of many Federal programs and the need for 
     better coordination between federal, state, and local 
     officials.
       The bill seeks to address these problems by directing the 
     U.S. Fire Administrator to provide technical assistance and 
     training for state and local fire service officials to 
     establish nationwide and state mutual aid systems for 
     responding to national emergencies. These mutual aid plans 
     would include collection of accurate asset and resource 
     information to ensure that local fire services could work 
     together to deploy equipment and personnel effectively during 
     an emergency. The bill also would direct the U.S. Fire 
     Administrator to report on the need for a strategy for 
     deploying volunteers, including the use of a national 
     credentialing system. This legislation also would authorize 
     the Director of the Federal Emergency Management Agency to 
     update the Federal Response Plan to incorporate plans for 
     responding to terrorist

[[Page S2010]]

     attacks, especially events in urban areas. This update would 
     include fire detection, suppression, and related emergency 
     services.
       The bill would improve the training of state and local 
     firefighters. It would authorize the National Fire Academy to 
     offer courses in building collapse rescue; the use of 
     technology in response to fires caused by terrorist attacks 
     and other national emergencies; leadership and strategic 
     skills including integrated management systems operations; 
     deployment of new technology for fighting forest and wild 
     fires; fighting fires at ports; and other courses related to 
     tactics and strategies for responding to terrorist incidents 
     and other fire services' needs.
       Finally, this bill would also direct the U.S. Fire 
     Administrator to coordinate the National Fire Academy's 
     training programs with the Attorney General, Secretary of 
     Health and Human Services and other federal agencies to 
     prevent and eliminate the duplication in training programs 
     that has been identified by the GAO.
       In 2001, we were caught unprepared and paid a terrible 
     price as a result. While we will never be able to prevent 
     firefighter deaths because of the risks involved, it is our 
     obligation to help ensure that future firefighters are 
     adequately equipped and trained, and are working in 
     coordination to respond to any future national emergencies.
       Mr. President, I am pleased to announce that this 
     legislation is supported by the National Volunteer Fire 
     Council; the Congressional Fire Services Institute; the 
     National Fire Protection Association; the International 
     Association of Fire Chiefs; the International Association of 
     Fire Fighters; the International Association of Arson 
     Investigators; International Society of Fire Service 
     Instructors; North American Fire Training Directors and the 
     International Fire Service Training Association.
                                  ____

                                                 January 31, 2003.
     Hon. John McCain,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator McCain: The tragic events of September 11th 
     certainly underscored the important need for additional 
     training and advanced technologies for our nation's fire and 
     emergency services. They are equal components in our efforts 
     to prepare our nation for future large-scale emergencies that 
     require rapid deployment of local first responders.
       In the area of technology, we have witnessed an emergence 
     of new technologies designed to improve our level of 
     readiness to future terrorist events and other large-scale 
     disasters. Many of these new technologies have the potential 
     to improve the capabilities of our first responders, however 
     we must ensure that these technologies serve their intended 
     purpose and protect our firefighters and emergency medical 
     personnel. What's most important is to ensure local response 
     agencies quick access to new technologies while guaranteeing 
     that they meet minimum safety standards.
       We extend our appreciation for your interest in this matter 
     and for introducing the Firefighter Research and Coordination 
     Act. We support this legislation as a crucial step towards 
     developing and deploying advanced technologies our nation's 
     first responders need in this period of heightened risk and 
     security.
       The legislation directs certain federal agencies and other 
     interested parties, including the National Fire Protection 
     Association, to develop a scientific basis for the private 
     sector development of standards for new fire fighting 
     technology. Your legislation will not undermine or duplicate 
     the standards-making process that has served the fire service 
     for over a hundred years, but rather strengthen it in areas 
     of new technologies necessitated by the events of September 
     11th.
       We also support the other sections of your legislation 
     calling for coordination of response to national emergencies 
     and for increased training. These are critical to the 
     effective deployment and safety of first responders at major 
     incidents. By calling upon the United States Fire 
     Administration to provide technical assistance and training 
     to state and local jurisdictions in developing state, 
     regional and national mutual aide agreements, the legislation 
     addresses the appropriate role for USFA in this process. In 
     addition, we certainly support authorizing the National Fire 
     Academy more latitude in the types of terrorism training 
     programs it conducts for our nation's first responders. And 
     lastly, we express our full support for authorizing USFA to 
     address the issue of a national credentialing system. It is 
     imperative that we establish the most effective credentialing 
     process to improve the accountability of firefighter skill 
     levels at major events.
       We look forward to working with you in advancing this 
     legislation through Congress. Again, we thank you for your 
     continued support.
           Sincerely,
         Congressional Fire Services Institute, International 
           Association of Arson Investigators, International 
           Association of Fire Chiefs, International Association 
           of Fire Fighters, International Fire Service Training 
           Association, International Society of Fire Service 
           Instructors, National Fire Protection Association, 
           National Volunteer Fire Council, North American Fire 
           Training Directors.
                                 ______