[House Report 109-77]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-77

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 PROVIDING FOR CONSIDERATION OF H.R. 1544, FASTER AND SMARTER FUNDING 
                    FOR FIRST RESPONDERS ACT OF 2005

                                _______
                                

May 10, 2005.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. Sessions, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 269]

    The Committee on Rules, having had under consideration 
House Resolution 269, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

     The resolution provides for consideration of H.R. 1544, 
the Faster and Smarter Funding for First Responders Act of 
2005, under a structured rule. The rule provides one hour of 
general debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on Homeland 
Security. The rule waives all points of order against 
consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Homeland Security 
now printed in the bill shall be considered as an original bill 
for the purpose of amendment. The rule waives all points of 
order against the amendment in the nature of a substitute 
recommended by the Committee on Homeland Security.
     The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be considered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report. The rule provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the bill. The waiver of all points of order 
against consideration of the bill is prophylactic in nature.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
     1. Berry: Adds the Administrator of Animal and Plant 
Health Inspection Service to the First Responder Grants Board. 
(10 minutes)
    2. Berry: Requires the Department of Homeland Security to 
coordinate with State, local, and tribal governments in 
establishing criteria for prioritizing applications for first 
responder grants. (20 minutes)
    3. Bass/Norwood: Allows States to petition the Secretary of 
Homeland Security to use Federal homeland security funds for 
the cost of any activity relating to prevention of, preparation 
for, response to, or recovery from acts of terrorism, that 
would otherwise be a Federal duty performed by Federal agencies 
and under agreement with the State or local government and a 
Federal agency. (20 minutes)
    4. Weiner: Limits the number of Urban Area Security 
Initiative grants during any given fiscal year to 50. (20 
minutes)
    5. Castle: Seeks to better equip and protect our 
communities' firefighters. Under current law, the threat of 
civil liability has caused some organizations to destroy fire 
fighting equipment, rather than donating it to volunteer, 
rural, and other financially strapped fire departments. 
Encourages donations by raising the liability standard for 
donors of fire fighting equipment from negligence to gross 
negligence. (20 minutes)
                              ----------                              


                    TEXT OF AMENDMENTS MADE IN ORDER


 1. An Amendment To Be Offered by Representative Berry of Arkansas, or 
                 His Designee, Debatable for 10 Minutes

  In section 3(a)(2), in the quoted section 1804(a)(1) (page 
24, beginning at line 3), strike ``and'' after the semicolon at 
the end of subparagraph (F), strike the period at the end of 
subparagraph (G) and insert ``; and'', and after subparagraph 
(G) add the following:
                  ``(H) the Administrator of the Animal and 
                Plant Health Inspection Service.
                              ----------                              


 2. An Amendment To Be Offered by Representative Berry of Arkansas, or 
                 His Designee, Debatable for 20 Minutes

  At the end of section 1804(c)(1) (page 25, line 19), add the 
following: ``The Board shall coordinate with State, local, 
regional, and tribal officials in establishing criteria for 
evaluating and prioritizing applications for covered grants.''.

3. An Amendment To Be Offered by Representative Bass of New Hampshire, 
               or His Designee, Debatable for 20 Minutes

    In section 3(a)(2), in the quoted section 1806(d), re-
designate existing text as paragraph (1), and insert after 
paragraph (1) the following:
          (2) An applicant for a covered grant may petition the 
        Secretary for the reimbursement of the cost of any 
        activity relating to prevention (including detection) 
        of, preparedness for, response to, or recovery from 
        acts of terrorism that is a Federal duty and usually 
        performed by a Federal agency, and that is being 
        performed by a State or local government (or both) 
        under agreement with a Federal agency.
                              ----------                              


4. An Amendment To Be Offered by Representative Weiner of New York, or 
                 His Designee, Debatable for 20 Minutes

  In title XVIII of the Homeland Security Act of 2002, as 
proposed to be added by the bill, insert at the end the 
following new section (and make such technical and conforming 
changes as may be necessary):

SEC. 18__. LIMITATION ON NUMBER OF UASI GRANTEES.

  In carrying out the Urban Area Security Initiative, or any 
successor to such grant program, the Secretary may award not 
more than 50 grants for any fiscal year.
                              ----------                              


5. An Amendment To Be Offered by Representative Castle of Delaware, or 
                 His Designee, Debatable for 20 Minute

  At the end of the bill, add the following:

SECTION 7. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE 
                    DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE 
                    COMPANIES.

  (a) Liability Protection.--A person who donates fire control 
or fire rescue equipment to a volunteer fire company shall not 
be liable for civil damages under any State or Federal law for 
personal injuries, property damage or loss, or death caused by 
the equipment after the donation.
  (b) Exceptions.--Subsection (a) does not apply to a person 
if--
          (1) the person's act or omission causing the injury, 
        damage, loss, or death constitutes gross negligence or 
        intentional misconduct; or
          (2) the person is the manufacturer of the fire 
        control or fire rescue equipment.
  (c) Preemption.--This Act preempts the laws of any State to 
the extent that such laws are inconsistent with this Act, 
except that notwithstanding subsection (b) this Act shall not 
preempt any State law that provides additional protection from 
liability for a person who donates fire control or fire rescue 
equipment to a volunteer fire company.
  (d) Definitions.--In this section:
          (1) Person.--The term ``person'' includes any 
        governmental or other entity.
          (2) Fire control or rescue equipment.--The term 
        ``fire control or fire rescue equipment'' includes any 
        fire vehicle, fire fighting tool, communications 
        equipment, protective gear, fire hose, or breathing 
        apparatus.
          (3) State.--The term ``State'' includes the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana 
        Islands, American Samoa, Guam, the Virgin Islands, any 
        other territory or possession of the United States, and 
        any political subdivision of any such State, territory, 
        or possession.
          (4) Volunteer fire company.--The term ``volunteer 
        fire company'' means an association of individuals who 
        provide fire protection and other emergency services, 
        where at least 30 percent of the individuals receive 
        little or no compensation compared with an entry level 
        full-time paid individual in that association or in the 
        nearest such association with an entry level full-time 
        paid individual.
  (e) Effective Date.--This Act applies only to liability for 
injury, damage, loss, or death caused by equipment that, for 
purposes of subsection (a), is donated on or after the date 
that is 30 days after the date of the enactment of this Act.

                                  
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