I 

110TH CONGRESS 

2D SESSION H. R. 5686 

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

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

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2008 

Mr. PERLMUTTER (for himself, Mr. ANDREWS, Mr. BRALEY of Iowa, Ms. 

CLARKE, Mr. ELLISON, Mr. ETHERIDGE, Mr. FOSSELLA, Mr. GENE

GREEN of Texas, Mr. GRIJALVA, Mrs. LOWEY, Mrs. MALONEY of New 

York, Mr. MCCAUL of Texas, Mr. MCGOVERN, Mr. NADLER, Mr. ROSS, 

Mr. SCOTT of Georgia, Mr. SIRES, and Mr. TERRY) 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 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 2008’’. 

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1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

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

4 firefighters die in the line of duty, while an addi5 tional tens of thousands of firefighters are injured. 

6 (2) The Federal Government has a vested inter7 est in protecting firefighter health and safety, as it 

8 relies on local fire departments to efficiently and ef9 fectively implement the National Response Frame10 work in the response to major disasters. 

11 (3) Adequate training, proper personal protec12 tive equipment, safe staffing levels, safe operating 

13 procedures, and physical and mental fitness of fire14 fighters can reduce avoidable firefighter fatalities. 

15 (4) The fire services, in conjunction with Gov16 ernment agencies and interested private-sector par17 ties, has partnered with standards-making bodies to 

18 develop national consensus standards for safe fire 

19 department operations and fire fighting capabilities. 

20 (5) Such standards are widely respected and 

21 promoted by all facets of the fire service to better 

22 ensure firefighter health and safety. 

23 (6) Through its Firefighter Fatality Investiga24 tion and Prevention Program, the National Institute 

25 for Occupational Safety and Health has identified 

26 the failure to follow specific national consensus 

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1 standards as a contributing factor in many fire2 fighter deaths. 

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

5 would help policy makers seeking to enhance public 

6 safety and reduce avoidable firefighter fatalities. 

7 SEC. 3. SURVEY BY THE DEPARTMENT OF HOMELAND SE8 CURITY. 

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

10 after enactment of this bill, the Secretary of Homeland 

11 Security shall begin to conduct a survey of each career, 

12 volunteer, or combination fire department located in the 

13 United States in order to ascertain whether each such fire 

14 department is in compliance with national consensus 

15 standards. 

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

17 under subsection (a) shall ascertain, for each fire depart18 ment in the United States, compliance with national con19 sensus standards for staffing, training, safe operations, 

20 personal protective equipment, and fitness. 

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

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

23 Congress a report on the findings of the survey required 

24 under subsection (a). Such report shall include an acmstockstill on PROD1PC66 with BILLS

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1 counting of fire department compliance with national con2 sensus standards as described under subsection (b). 

3 SEC. 4. ESTABLISHMENT OF TASK FORCE TO ENHANCE 

4 FIREFIGHTER SAFETY. 

5 (a) ESTABLISHMENT.—Not later than 120 days after 

6 the date on which the Secretary of Homeland Security 

7 submits the report to Congress required under section 

8 3(c), the Secretary shall establish a task force to be known 

9 as the ‘‘Task Force to Enhance Firefighter Safety’’ (here10 inafter in this section referred to as the ‘‘Task Force’’). 

11 (b) MEMBERSHIP.— 

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

13 shall be appointed by the Secretary from among the 

14 general public and shall include— 

15 (A) representatives of national organiza16 tions representing firefighters and fire chiefs; 

17 (B) individuals representing standards-set18 ting and accrediting organizations, including 

19 representatives from the voluntary consensus 

20 codes and standards development community; 

21 and 

22 (C) other individuals as the Secretary de23 termines to be appropriate. 

24 (2) REPRESENTATIVES OF OTHER DEPART25 MENTS AND AGENCIES.—The Secretary may invite 

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1 representatives of other departments and agencies of 

2 the United States that have an interest in the fire 

3 service to participate in the meetings and other ac4 tivities of the Task Force. 

5 (3) NUMBER; TERMS OF SERVICE; PAY AND AL6 LOWANCES.—The Secretary shall determine the 

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

8 members of the Task Force appointed by the Sec9 retary, except that a term of service of any such 

10 member may not exceed two years. 

11 (c) RESPONSIBILITIES.—The Task Force shall de12 velop a plan to enhance firefighter safety by increasing 

13 fire department compliance with national consensus stand14 ards for staffing, training, safe operations, personal pro15 tective equipment, and fitness. In developing such plan, 

16 the Task Force shall consider ways in which the Federal 

17 Government, States, and localities can promote, encour18 age, or require fire departments to comply with national 

19 consensus standards. 

20 (d) REPORT TO CONGRESS.—Not later than one year 

21 after the date on which the Secretary establishes the Task 

22 Force, the Task Force shall submit to Congress and the 

23 Secretary a report containing the findings and rec24 ommendations of the Task Force together with the plan 

25 described in subsection (c). 

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1 SEC. 5. NATIONAL CONSENSUS STANDARDS DEFINED. 

2 For the purposes of this Act, the term ‘‘national con3 sensus standards’’ means the latest edition of the national 

4 consensus standards for staffing, training, safe operations, 

5 personal protective equipment, and fitness available on the 

6 date of the enactment of this Act. 

Æ 

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