I 

111TH CONGRESS 

1ST SESSION H. R. 1499 

To direct the Secretary of Homeland Security to conduct a survey to determine the level of compliance with national voluntary consensus standards 

and any barriers to achieving compliance with such standards, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2009 

Mr. PERLMUTTER introduced the following bill; which was referred to the 

Committee on Science and Technology 

A BILL 

To direct the Secretary of Homeland Security to conduct 

a survey to determine the level of compliance with national voluntary consensus standards and any barriers 

to achieving compliance with such standards, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Firefighter Fatality 

5 Reduction Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) Each year in the United States, over 100 

2 firefighters die in the line of duty, while an addi3 tional tens of thousands of firefighters are injured. 

4 (2) The Federal Government has a vested inter5 est in protecting firefighter health and safety, as it 

6 relies on local fire departments to efficiently and ef7 fectively implement the National Response Frame8 work in the response to major disasters. 

9 (3) Adequate training, proper personal protec10 tive equipment, safe staffing levels, safe operating 

11 procedures, and physical and mental fitness of fire12 fighters can reduce avoidable firefighter fatalities. 

13 (4) The fire services, in conjunction with Gov14 ernment agencies and interested private-sector par15 ties, has partnered with standards-making bodies to 

16 develop national voluntary consensus standards for 

17 safe fire department operations and fire fighting ca18 pabilities. 

19 (5) Such standards are widely respected and 

20 promoted by all facets of the fire service to better 

21 ensure firefighter health and safety. 

22 (6) Through its Firefighter Fatality Investiga23 tion and Prevention Program, the National Institute 

24 for Occupational Safety and Health has identified 

25 the failure to follow specific national voluntary conVerDate Nov 24 2008 05:06 Mar 14, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1499.IH H1499

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1 sensus standards as a contributing factor in many 

2 firefighter deaths. 

3 (7) A comprehensive accounting of fire depart4 ment compliance with national voluntary consensus 

5 standards would help policy makers seeking to en6 hance public safety and reduce avoidable firefighter 

7 fatalities. 

8 SEC. 3. SURVEY BY THE DEPARTMENT OF HOMELAND SE9 CURITY. 

10 (a) SURVEY REQUIRED.—Not later than 120 days 

11 after enactment of this bill, the Secretary of Homeland 

12 Security, in consultation with the Task Force established 

13 under section 4, shall begin to conduct a survey of each 

14 career, volunteer, and combination fire department located 

15 in the United States in order to ascertain whether each 

16 such fire department is in compliance with national vol17 untary consensus standards. In carrying out the survey, 

18 the Secretary shall ascertain the rates of such compliance 

19 of— 

20 (1) paid, volunteer, and combination fire de21 partments; 

22 (2) fire departments located in communities of 

23 varying sizes; and 

24 (3) fire departments in each of the States and 

25 territories. 


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1 (b) CONTENTS OF SURVEY.—The survey required 

2 under subsection (a) shall ascertain, for each fire depart3 ment in the United States, compliance with national vol4 untary consensus standards for staffing, training, safe op5 erations, personal protective equipment, and fitness. 

6 (c) REPORT.—Not later than two years after the date 

7 of enactment of this Act, the Secretary shall submit to 

8 Congress a report on the findings of the survey required 

9 under subsection (a), including the rates of compliance 

10 under the categories specified under paragraphs (1), (2), 

11 and (3) of that subsection. 

12 SEC. 4. ESTABLISHMENT OF TASK FORCE TO ENHANCE 

13 FIREFIGHTER SAFETY. 

14 (a) ESTABLISHMENT.—Not later than 60 days after 

15 the date of the enactment of this Act, the Secretary shall 

16 establish a task force to be known as the ‘‘Task Force 

17 to Enhance Firefighter Safety’’ (hereinafter in this section 

18 referred to as the ‘‘Task Force’’). 

19 (b) MEMBERSHIP.— 

20 (1) IN GENERAL.—Members of the Task Force 

21 shall be appointed by the Secretary from among the 

22 general public and shall include— 

23 (A) representatives of national organiza24 tions representing firefighters and fire chiefs; 


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1 (B) individuals representing standards-set2 ting and accrediting organizations, including 

3 representatives from the voluntary consensus 

4 codes and standards development community; 

5 and 

6 (C) other individuals as the Secretary de7 termines to be appropriate. 

8 (2) REPRESENTATIVES OF OTHER DEPART9 MENTS AND AGENCIES.—The Secretary may invite 

10 representatives of other departments and agencies of 

11 the United States that have an interest in the fire 

12 service to participate in the meetings and other ac13 tivities of the Task Force. 

14 (3) NUMBER; TERMS OF SERVICE; PAY AND AL15 LOWANCES.—The Secretary shall determine the 

16 number, terms of service, and pay and allowances of 

17 members of the Task Force appointed by the Sec18 retary, except that a term of service of any such 

19 member may not exceed two years. 

20 (c) RESPONSIBILITIES.—The Task Force shall— 

21 (1) consult with the Secretary to conduct the 

22 survey required under section 3; and 

23 (2) develop a plan to enhance firefighter safety 

24 by increasing fire department compliance with na25 tional voluntary consensus standards for staffing, 


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1 training, safe operations, personal protective equip2 ment, and fitness, including by— 

3 (A) reviewing and evaluating the report re4 quired under section 3 to determine the extent 

5 of and barriers to achieving compliance with na6 tional voluntary consensus standards among 

7 fire departments; and 

8 (B) considering ways in which the Federal 

9 Government, States, and localities can promote, 

10 encourage, or require fire departments to com11 ply with national voluntary consensus stand12 ards. 

13 (d) REPORT TO CONGRESS.—Not later than 6 

14 months after the date on which the Secretary submits the 

15 report required under section 3(c), the Task Force shall 

16 submit to Congress and the Secretary a report containing 

17 the findings and recommendations of the Task Force to18 gether with the plan described in subsection (c)(2). 

19 SEC. 5. NATIONAL VOLUNTARY CONSENSUS STANDARDS 

20 DEFINED. 

21 For the purposes of this Act, the term ‘‘national vol22 untary consensus standards’’ means the latest edition of 

23 the national voluntary consensus standards for fire fighter 

24 and fire department staffing, training, safe operations, 


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1 personal protective equipment, and fitness available on the 

2 date of the enactment of this Act. 

Æ 


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