89–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–340 

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 


wwoods2 on DSK1DXX6B1PROD with REPORTS
2 

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 ComVerDate Nov 24 2008 02:58 Nov 18, 2009 Jkt 089008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR340.XXX HR340

wwoods2 on DSK1DXX6B1PROD with REPORTS
3 

mittee 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; 


wwoods2 on DSK1DXX6B1PROD with REPORTS
4 

(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 


wwoods2 on DSK1DXX6B1PROD with REPORTS
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’’. 

Æ 


wwoods2 on DSK1DXX6B1PROD with REPORTS