‘‘(c) CONSULTATION WITH STANDARDS ORGANIZA-
TIONS.—In establishing national voluntary consensus
standards for first responder equipment and training
under this section, the Secretary shall consult with rel-
evant public and private sector groups, including—
‘‘(1) the National Institute of Standards and
Technology;
‘‘(2) the National Fire Protection Association;
‘‘(3) the National Association of County and
City Health Officials;
‘‘(4) the Association of State and Territorial
Health Officials;
‘‘(5) the American National Standards Insti-
tute;
‘‘(6) the National Institute of Justice;
‘‘(7) the Inter-Agency Board for Equipment
Standardization and Interoperability;
‘‘(8) the National Public Health Performance
Standards Program;
‘‘(9) the National Institute for Occupational
Safety and Health;
‘‘(10) ASTM International;
‘‘(11) the International Safety Equipment Asso-
ciation;
‘‘(12) the Emergency Management Accredita-
tion Program; and
‘‘(13) to the extent the Secretary considers ap-
propriate, other national voluntary consensus stand-
ards development organizations, other interested
Federal, State, and local agencies, and other inter-
ested persons.
‘‘(d) COORDINATION WITH SECRETARY OF HHS.—
In establishing any national voluntary consensus stand-
ards under this section for first responder equipment or
training that involve or relate to health professionals, in-
cluding emergency medical professionals, the Secretary
shall coordinate activities under this section with the Sec-
retary of Health and Human Services.’’.
(b) DEFINITION OF EMERGENCY RESPONSE PRO-
VIDERS.—Paragraph (6) of section 2 of the Homeland Se-
curity Act of 2002 (Public Law 107–296; 6 U.S.C.
101(6)) is amended by striking ‘‘includes’’ and all that
follows and inserting ‘‘includes Federal, State, and local
governmental and nongovernmental emergency public
safety, law enforcement, fire, emergency response, emer-
gency medical (including hospital emergency facilities),
and related personnel, organizations, agencies, and au-
thorities.’’.
SEC. 4. SUPERSEDED PROVISION.
This Act supersedes section 1014(c)(3) of Public Law
107–56.
SEC. 5. OVERSIGHT.
The Secretary of Homeland Security shall establish
within the Office for Domestic Preparedness an Office of
the Comptroller to oversee the grants distribution process
and the financial management of the Office for Domestic
Preparedness.
SEC. 6. GAO REPORT ON AN INVENTORY AND STATUS OF
HOMELAND SECURITY FIRST RESPONDER
TRAINING.
(a) IN GENERAL.—The Comptroller General of the
United States shall report to the Congress in accordance
with this section—
(1) on the overall inventory and status of first
responder training programs of the Department of
Homeland Security and other departments and
agencies of the Federal Government; and
(2) the extent to which such programs are co-
ordinated.
(b) CONTENTS OF REPORTS.—The reports under this
section shall include—
(1) an assessment of the effectiveness of the
structure and organization of such training pro-
grams;
(2) recommendations to—
(A) improve the coordination, structure,
and organization of such training programs;
and
(B) increase the availability of training to
first responders who are not able to attend cen-
tralized training programs;
(3) the structure and organizational effective-
ness of such programs for first responders in rural
communities;
(4) identification of any duplication or redun-
dancy among such programs;
(5) a description of the use of State and local
training institutions, universities, centers, and the
National Domestic Preparedness Consortium in de-
signing and providing training;
(6) a cost-benefit analysis of the costs and time
required for first responders to participate in train-
ing courses at Federal institutions;
(7) an assessment of the approval process for
certifying non-Department of Homeland Security
training courses that are useful for anti-terrorism
purposes as eligible for grants awarded by the De-
partment;
(8) a description of the use of Department of
Homeland Security grant funds by States and local
governments to acquire training;
(9) an analysis of the feasibility of Federal,
State, and local personnel to receive the training
that is necessary to adopt the National Response
Plan and the National Incident Management Sys-
tem; and
(10) the role of each first responder training in-
stitution within the Department of Homeland Secu-
rity in the design and implementation of terrorism
preparedness and related training courses for first
responders.
(c) DEADLINES.—The Comptroller General shall—
(1) submit a report under subsection (a)(1) by
not later than 60 days after the date of the enact-
ment of this Act; and
(2) submit a report on the remainder of the
topics required by this section by not later than 120
days after the date of the enactment of this Act.
SEC. 7. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DIS-
COURAGE THE DONATION OF FIRE EQUIP-
MENT 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 dam-
age 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 in-
jury, damage, loss, or death constitutes gross neg-
ligence 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 do-
nates 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’’ in-
cludes any fire vehicle, fire fighting tool, communica-
tions equipment, protective gear, fire hose, or
breathing apparatus.
(3) STATE.—The term ‘‘State’’ includes the
several States, the District of Columbia, the Com-
monwealth 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 com-
pared 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 li-
ability for injury, damage, loss, or death caused by equip-
ment 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.
Passed the House of Representatives May 12, 2005.
Attest:
Clerk.
109TH CONGRESS
1ST SESSION
H. R. 1544
AN ACT
To provide faster and smarter funding for first
responders, and for other purposes.