39–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–77 

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 

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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.’’. 

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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. 18ll. 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 

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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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