[House Report 111-340]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-340

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 PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3791) TO AMEND SECTIONS 
 33 AND 34 OF THE FEDERAL FIRE PREVENTION AND CONTROL ACT OF 1974, AND 
                           FOR OTHER PURPOSES

                                _______
                                

 November 17, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Ms. Pingree, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 909]

    The Committee on Rules, having had under consideration 
House Resolution 909, 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. 3791, the 
``Fire Grants Reauthorization Act of 2009,'' under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Science and Technology. The 
resolution waives all points of order against consideration of 
the bill except those arising under clause 9 or 10 of rule XXI. 
The resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Science and 
Technology modified by the amendment printed in part A of this 
report shall be considered as an original bill for the purpose 
of amendment and shall be considered as read. The resolution 
waives all points of order against the amendment in the nature 
of a substitute except those arising under clause 10 of rule 
XXI. This waiver does not affect the point of order available 
under clause 9 of rule XXI (regarding earmark disclosure). The 
resolution makes in order only those amendments printed in part 
B of this report. The amendments made in order may be offered 
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 division of the question. The 
resolution waives all points of order against the amendments 
made in order except those arising under clause 9 or 10 of rule 
XXI. The resolution provides one motion to recommit with or 
without instructions. The resolution provides that the Chair 
may entertain a motion that the Committee rise only if offered 
by the chair of the Committee on Science and Technology or a 
designee. Finally, the resolution provides that the Chair may 
not entertain a motion to strike out the enacting words of the 
bill.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill (except those arising under clause 9 
or 10 of rule XXI) and all points of order against the 
amendment in the nature of a substitute (except those arising 
under clause 10 of rule XXI), the Committee is not aware of any 
points of order. The waivers of all points of order are 
prophylactic.

       SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

    Would prohibit the Director from denying an applicant 
solely based on the applicant failing to demonstrate that the 
grant will be used to prepare for or respond to a terrorism 
incident or use of a weapon of mass destruction. It would 
require the Director to publish Federal Register notices prior 
to accepting any grant applications instead of prior to making 
any grants. It also would require that reports be submitted to 
Congress instead of specified committees.

          SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER

    1. Titus (NV): Would expand the scope of the Assistance to 
Firefighter Grants program to allow the purchase of equipment 
that reduces the use of water in fighting fires and training 
firefighters. (10 minutes)
    2. Perlmutter (CO): Would authorize a nationwide survey to 
assess compliance of fire departments with certain best 
practices on firefighter safety. Establishes a task force of 
fire service industry to make recommendations to Congress on 
ways to increase compliance with those firefighter safety 
standards. (10 minutes)
    3. Flake, Jeff (AZ): Would prohibit earmarking of funds 
appropriated under the Act. (10 minutes)
    4. Holden (PA): Would make river rescue organizations 
eligible for funding under the definition of a rescue 
organization. (10 minutes)
    5. Cardoza (CA): Would require the Director to consider 
unemployment rates when awarding grants. (10 minutes)

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  Page 13, after line 6, insert the following new clause:
                          ``(iii) Prohibited basis for 
                        denial.--In considering such factors 
                        under clause (i), the Director may not 
                        deny a grant to an applicant solely 
                        based on such applicant failing to 
                        demonstrate that the grant will be used 
                        to prepare for or respond to a 
                        terrorism incident or use of a weapon 
                        of mass destruction.
  Page 19, line 15, strike ``making any grants'' and insert 
``accepting any application for a grant under each program''.
  Page 36, lines 16 through 19, strike ``the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Science and Technology of the House of 
Representatives'' and insert ``Congress''.

             PART B--TEXT OF AMENDMENTS TO BE MADE IN ORDER

 1. An Amendment To Be Offered by Representative Titus, Dina of Nevada 
               or Her Designee, Debatable for 10 Minutes

  Page 6, after line 19, insert the following:
                  ``(O) To acquire equipment designed to reduce 
                the amount of water used in firefighting or 
                training firefighting personnel.
                              ----------                              


   2. An Amendment To Be Offered by Representative Perlmutter, Ed of 
           Colorado or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 5. NATIONAL VOLUNTARY CONSENSUS STANDARDS.

  (a) Survey by the Department of Homeland Security.--
          (1) In general.--Not later than 120 days after the 
        date of enactment of this Act, the Secretary of 
        Homeland Security, in consultation with the Task Force 
        established under subsection (b), shall begin to 
        conduct a survey of each career fire department, 
        volunteer fire department, and combination fire 
        department located in the United States in order to 
        ascertain whether each fire department is in compliance 
        with the national voluntary consensus standards for 
        staffing, training, safe operations, personal 
        protective equipment, and fitness.
          (2) Contents.--In carrying out the survey, the 
        Secretary shall ascertain, for each fire department in 
        the United States, the rates of compliance with each 
        such standard of--
                  (A) career fire departments, volunteer fire 
                departments, and combination fire departments;
                  (B) fire departments located in communities 
                of varying sizes; and
                  (C) fire departments in each of the States.
          (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to 
        Congress a summary of the findings of the survey 
        required under paragraph (1), including the rates of 
        compliance under the categories specified under 
        subparagraphs (A), (B), and (C) of paragraph (2).
  (b) Establishment of Task Force To Enhance Firefighter 
Safety.--
          (1) Establishment.--Not later than 60 days after the 
        date of enactment of this Act, the Secretary shall 
        establish a task force to be known as the ``Task Force 
        to Enhance Firefighter Safety'' (in this section 
        referred to as the ``Task Force'').
          (2) Membership.--
                  (A) In general.--The Secretary shall appoint 
                members of the Task Force from among the 
                general public and shall include--
                          (i) representatives of national 
                        organizations representing firefighters 
                        and fire chiefs;
                          (ii) individuals representing 
                        standards-setting and accrediting 
                        organizations, including 
                        representatives from the voluntary 
                        consensus codes and standards 
                        development community; and
                          (iii) other individuals as the 
                        Secretary determines to be appropriate.
                  (B) Representatives of other departments and 
                agencies.--The Secretary may invite 
                representatives of other departments and 
                agencies of the United States that have an 
                interest in the fire service to participate in 
                the meetings and other activities of the Task 
                Force.
                  (C) Number; terms of service; pay and 
                allowances.--The Secretary shall determine the 
                number, terms of service, and pay and 
                allowances of members of the Task Force 
                appointed by the Secretary, except that a term 
                of service of any such member may not exceed 2 
                years.
          (3) Responsibilities.--The Task Force shall--
                  (A) consult with the Secretary to conduct the 
                survey required under subsection (a); and
                  (B) develop a plan to enhance firefighter 
                safety by increasing fire department compliance 
                with national voluntary consensus standards for 
                staffing, training, safe operations, personal 
                protective equipment, and fitness, including 
                by--
                          (i) reviewing and evaluating the 
                        report required under subsection (a) to 
                        determine the extent of and barriers to 
                        achieving compliance with national 
                        voluntary consensus standards among 
                        fire departments; and
                          (ii) considering ways in which the 
                        Federal Government, States, and 
                        localities can promote or encourage 
                        fire departments to comply with 
                        national voluntary consensus standards.
          (4) Report to congress.--Not later than 6 months 
        after the date on which the Secretary submits the 
        report required under subsection (a)(3), the Task Force 
        shall submit to Congress and the Secretary a report 
        containing the findings and recommendations of the Task 
        Force together with the plan described in paragraph 
        (3)(B).
  (c) Definitions.--
          (1) In general.--The terms used in this section that 
        are defined in sections 4, 33, or 34 of the Federal 
        Fire Prevention and Control Act of 1974 shall have the 
        meaning given such terms in such Act.
          (2) National voluntary consensus standards.--For the 
        purposes of this section, the term ``national voluntary 
        consensus standards'' means the latest edition of the 
        national voluntary consensus standards for firefighter 
        and fire department staffing, training, safe 
        operations, personal protective equipment, and fitness 
        available on the date of the enactment of this Act.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Homeland Security such sums 
as may be necessary to carry out this section for each of 
fiscal years 2010 through 2013.
                              ----------                              


3. An Amendment To Be Offered by Representative Flake, Jeff of Arizona 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 5. PROHIBITION ON EARMARKS.

  None of the funds appropriated to carry out the amendments 
made by this Act may be used for a congressional earmark as 
defined in clause 9, of Rule XXI of the rules of the House of 
Representatives of the 111th Congress.
                              ----------                              


    4. An Amendment To Be Offered by Representative Holden, Tim of 
         Pennsylvania or His Designee, Debatable for 10 Minutes

  Page 24, strike line 18 and all that follows through page 25, 
line 3 and insert the following:
          ``(6) Volunteer, non-fire service ems and rescue 
        organization.--
                  ``(A) In general.--The term `volunteer, non-
                fire service EMS and rescue organization' means 
                a public or private nonprofit emergency medical 
                services organization that--
                          ``(i) is not affiliated with a 
                        hospital;
                          ``(ii) does not serve a geographic 
                        area in which the Director finds that 
                        emergency medical services are 
                        adequately provided by a fire 
                        department; and
                          ``(iii) is staffed primarily by 
                        volunteers.
                  ``(B) Inclusion.--Such term includes a river 
                rescue organization if such organization 
                otherwise meets the definition in subparagraph 
                (A).
  Page 25, after line 7, insert the following:
          ``(8) River rescue organization.--The term `river 
        rescue organization' means an organization that 
        provides emergency search and rescue services to a 
        person affected by a flood, a water-related accident, 
        or another disaster for which services, including water 
        rescue and patrol, dive rescue and recovery, emergency 
        first response, flood recovery, or fire and rescue 
        services on the water, are required.
                              ----------                              


  5. An Amendment To Be Offered by Representative Cardoza, Dennis of 
          California or His Designee, Debatable for 10 Minutes

  Page 12, line 24, insert ``including unemployment rate of the 
area being served'' after ``financial situation''.

                                  
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