UPDATED ONLINE: August 5th, 1998
The following is a select list of fire service legislation currently before the 105th Congress. To obtain a copy of a bill(s) contact the House Legislative Research Center at (202) 226-5200, fax (202) 226-4362 or the Senate Document Room at (202) 224-7860, fax (202) 228-2815.


Access to Emergency Medical Services Act of 1997
HR 815     Rep. Benjamin Cardin (MD)
S 356     Sen. Bob Graham (FL)
Description: A bill to assure equitable coverage and treatment of emergency services under health plans. This legislation would establish a national definition of emergency known as the 'prudent layperson' definition. This would ensure that health plans cover emergency care based on a patient's symptoms rather than the final diagnosis. Adoption of this definition would end the phenomena of health plans denying coverage for emergency care when chest pains turned out to be indigestion rather than a heart attack.
This bill would prohibit health plans from requiring, as a condition for coverage, that patients obtain prior authorization from the health provider before seeking emergency care.
Status: Referred to House Committees on Ways and Means; Commerce; and Education and the Workforce on February 25, 1997.

Ambulance Services Act of 1997
S 292     Sen. Paul Wellstone (MN)
Description: Amends Title XVIII (Medicare) of the Social Security Act to ensure Medicare reimbursement for ambulance services rendered in an emergency to transport an individual to a clinic or an ambulatory surgical center.
Status: Referred to Senate Finance Committee on February 10, 1997.

Aviation Medical Assistance Act of 1998
HR 2843      Rep. John Ducan, Jr. (TN)
Description: A bill to direct the Administrator of the Federal Aviation Administration to reevaluate the equipment in medical kits carried on, and to make a decision regarding requiring automatic external defibrillators to be carried on, aircraft operated by air carriers, and for other purposes.
Status: Passed House on March 13. Passed Senate on April 3. Signed as Public Law 105-170 on April 24, 1998.

Cardiac Arrest Survival Act of 1997
HR 1679      Rep. Cliff Stearns (FL)
S 2198    Slade Gordon (WA)
Description: A bill to amend the Public Health Service Act to establish at the National Heart, Lung, and Blood Institute a program regarding lifesaving interventions for individuals who experience cardiac arrest, and for other purposes.
Status: Referred to the House Commerce Committee and Senate Committee on Labor and Human Resources.

Care for Police Survivors Act of 1998
HR 3565      Rep. Bill McCollum (FL)
Description: Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize no less than $150,000 of funds for national programs for families of public safety officers who have died in the line of duty to maintain and enhance national peer support and counseling programs.
Authorizes the Bureau of Justice Assistance to use appropriated funds to conduct appeals of public safety officers' death and disability claims.
Status: Public Law 105-180 signed by President on June 17, 1998.

Children's Sleepwear Safety Act of 1998
HR 3831      Rep. Robert Andrews (NJ)
Description: A bill to provide that children's sleepwear shall be manufactured in accordance with stricter flammability standards.
Status: Placed in the Veterans Affairs FY 99, Appropriations bill (HR 4194). Reported by House Committee on Appropriations. Awaiting Floor action.

Community Safety Act of 1998
HR 3247      Rep. Bob Ney (OH)
Description: To exempt from certain (anti-kickback) criminal penalties any hospital remunerations to an ambulance provider owned or operated by a State or local government or tax-exempt charitable organization that are in kind replenishments of certain ambulance drugs and supplies used during the transport of a patient to the hospital. Prohibits the determination of such remuneration in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or part under a Federal health care program.
Status: Referred to the House Committee on Commerce and Committee on Ways and Means on February 24, 1998.

Conversion of Excepted Service Positions in the United States Fire Administration
S 336     Sen. Paul Sarbanes (MD)
Description: To convert certain excepted service positions in the United States Fire Administration to competitive service positions. Under this bill, any employee employed in an excepted service position will be converted to a competitive service position. This conversion will not cause a break in service, diminish seniority, reduce cumulative years of service, or require an additional probationary period, and will not effect standing and participation relating to Federal retirement. Persons currently holding excepted service positions will be able to compete for other positions that fall under the competitive category.
Status: Passed Senate Governmental Affairs Committee on November 5, 1997. Awaits consideration by full Senate.

Department of Defense FY 98 Authorization Act
HR 1119     Rep. Floyd Spence (SC)
S 450     Sen. Strom Thurmond (SC)
Description: Restores provisions of the Hotel and Motel Fire Safety Act of 1990. Encourages federal employees on travel to stay in public accommodations (hotel and motels) that adhere to specific life safety requirements.
Status: Public Law 105-85, November 18, 1997.

Disaster Relief Tax Act of 1997
HR 1434     Rep. Wally Herger (CA)
Description: A bill to amend the Internal Revenue Code of 1986 to authorize the Secretary of the Treasury to postpone certain tax-related deadlines in the case of taxpayers affected by a Presidentially declared disaster, and for other purposes.
Taxpayer actions covered by this legislation include the filing of tax returns, the payment of taxes, and the filing of petitions with the Tax Court. Additionally, the bill would allow taxpayers to retain eligibility for any credits or refunds during the Secretary's prescribed extension period.
Status: Signed into law on August 8, 1997 as an amendment to the Taxpayer Relief Act of 1997. Public Law 105-34.

Emergency Medical Services Efficiency Act of 1997
S 2091     Sen. Rod Grams (MN)
Description: A bill to amend title XVIII of the Social Security Act to ensure medicare reimbursement for certain ambulance services, and to improve the efficiency of the emergency medical system, and for other purposes.
Status: Reintroduced and amended version of S. 238. Referred to Senate Finance Committee on May 19, 1998.

Federal Property & Administrative Services Amendment Act
HR 404     Rep. Ken Calvert (CA)
S 203      Sen. Dianne Feinstein (CA)
Description: A bill to amend the Federal Property and Administrative Services Act of 1949 to authorize the transfer of certain surplus "real" property to State and local governments for use for law enforcement or public safety purposes. Applies the law to prior transfers and conveyances.
This bill expands current authority which restricts this type of property transfer to State and local governments for use only as correctional facilities. The legislation provides communities with the option to establish or expand needed law enforcement training facilities, fire fighting academies, and the like given an area's particular need.
Status: Passed House on November 4, 1997. Referred to Senate Committee on Governmental Affairs.

Federal Surplus Property Improvement Act of 1998
S 1621     Sen. Rod Grams (MN)
Description: To provide that certain Federal property shall be made available to States for State use before being made available to other entities, and for other purposes.
Status: Referred to Senate Governmental Affairs Committee on February 10, 1998.

Firefighter Pay Fairness Act
HR 1166     Rep. Steny Hoyer (MD)
S 492      Sen. Paul Sarbanes (MD)
Description: Amends Federal law to ensure pay equality between Federal firefighters, other employees in civil service and other public sector firefighters. This bill would also enhance recruitment and retention of firefighters in order to maintain the highest quality Federal fire service, and encourage Federal firefighters to pursue career advancement and training opportunities.
Status: Referred to the House Government Reform and Oversight Committee and the Senate Government Affairs Committee on March 20, 1997.

Fair Labor Standards Act Overtime Compensation Amendment for Paramedics and EMTs
HR 3958      Rep. Bob Ehrlich (MD)
Description: Amend the Fair Labor Standards Act of 1938 to provide an overtime compensation exemption for paramedics, emergency medical technicians, and rescue and ambulance personnel trained to provide emergency medical services and provide transport of persons receiving those services who are also trained in fire suppression services.
Status: Referred to the Committee on Education and the Workforce on May 22, 1998.

FLSA Amendment to Permit State/Local Government Workers to Volunteer
HR 484     Rep. Sue Myrick (NC)
Description: Amends the Fair Labor Standards Act of 1938 to exclude from coverage State or local government employees who volunteer, solely at their own option, either for no compensation or for only expenses, reasonable benefits, or a nominal fee, to perform services for their public agency employer or for a community organization or purpose.
Prohibits any public agency employer from requiring (directly or indirectly) an employee to volunteer to perform services for such agency or for a community organization or purpose.
Status: Referred to the House Education in the Workforce Committee on January 21, 1997.

Homeowners' Insurance Availability Act of 1997
HR 219     Rep. Rick Lazio (NY)
Description: A bill to establish a Federal program to provide reinsurance for State disaster insurance programs.
Status: Referred to House Committee on Banking and Finance. April 13, committee hearing held. June 26 mark-up session.

Law Enforcement & Public Safety Telecommunications Empowerment Act
S 255     Sen. John McCain (AZ)
Description: Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from issuing new broadcast station licenses in the spectrum between 746 and 806 megahertz after the date of enactment of this Act. Directs the FCC to allocate and assign 24 megahertz of such spectrum for law enforcement and public safety uses, and 36 megahertz for commercial uses. Directs the FCC to transfer the right to assign such allocated spectrum to the Public Safety Telecommunications Institute which is established under this Act.
Status: Referred to the Senate Commerce, Science, and Transportation Committee on February 4, 1997. Committee hearing held on May 15.

Mandatory Separation Age for Federal Firefighters
HR 172      Rep. Elton Gallegly (CA)
Description: A bill to amend Title 5, United States Code, to provide that the mandatory separation age for Federal firefighters be made the same as the age that applies to Federal law enforcement officers. Extends the retirement age from 55 to 57 for firefighters under the Civil Service Retirement System and the Federal Employees Retirement System.
Status: Referred to the House Government Reform and Oversight Committee on January 7, 1997.

National Institute of Standards and Technology Authorization Act of 1997
HR 1274      Rep. Constance Morella (MD)
Description: To authorize appropriations for the National Institute of Standards and Technology (NIST) for fiscal years 1998 and 1999. The bill calls for $13,404,000 in funding under Building and Fire Research for FY 98 and $13,806,120 in funding under Building and Fire Research for FY 99.
Also includes funding for the Scientific and Technical Research and Services laboratories; the Malcolm Baldridge National Quality Program; construction and maintenance of NIST facilities; the Under Secretary for Technology and the Office of Technology Policy; and the Industrial Technology Services.
Status: Passed the House on April 24. Awaiting consideration by Senate Commerce Committee.

Nationwide Emergency Telephone Number for Cellular Users
HR 1011     Rep. Pat Danner (MO)
Description: A bill to direct the Secretary of Transportation to carry out a comprehensive program to assist States in adopting a nationwide emergency telephone number for cellular telephone users, and for other purposes. The bill also ensures Department of Transportation activities do not adversely affect existing emergency response and communications systems.
Status: Referred to the House Commerce Committee on March 11, 1997.

Natural Disaster Protection & Insurance Act
HR 230     Rep. Bill McCullum (FL)
Description: A bill to ensure that insurance against the risk of catastrophic natural disasters, such as hurricanes, earthquakes, and volcanic eruptions, is available and affordable, and to provide for expanded hazard mitigation and relief, and for other purposes.
This bill provides immediate relief in the form of reinsurance for primary insures through a fiscally responsible pre-funded bond approach and calls for a study regarding the viability of changing the Tax Code to encourage insurance companies to reserve for catastrophic events. The bill also has a mitigation component designed to keep damages caused by natural disasters to a minimum when they inevitably strike.
Status: Referred to the House Committee on Banking and Financial Services and the Committee on Transportation and Infrastructure on January 7, 1997.

Nuclear Waste Policy Act of 1997
HR 1270     Rep. Fred Upton (MI)
S 104     Rep. Frank Murkowski (AK)
Description: Amends the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy to develop and operate an integrated management system for the storage, transportation and permanent disposal of spent nuclear fuel and high-level radioactive waste and for other purposes.
Prescribes general transportation requirements, including assistance and funds for: (1) States, Indian tribes, and nonprofit employee and joint labor-management organizations for worker health and safety training and education programs; and (2) emergency response situations.
Status: Amended and passed House on October 30, 1997. Now under consideration by Senate.

OSHA Reform Act of 1997
HR 1162      Rep. Joel Hefley (CO)
Description: Amends the Occupational Safety and Health Act of 1970 (OSHA) to repeal provisions for: (1) inspections, investigations, and record keeping; (2) citations; (3) enforcement procedures; (4) judicial review; and (5) civil and criminal penalties.
The bill requires a continuing comprehensive economic analysis of the costs and benefits of each OSHA standard and declares that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act.
Status: Referred to the House Committee on Education and the Workforce on March 20, 1997.

Police, Fire, and Emergency Officers Educational Assistance Act of 1998
HR 3046      Rep. Jon Fox (PA)
Description: A bill to provide financial assistance for higher education to the dependents of Federal, State, and local public safety officers who are killed or permanently and totally disabled as the result of a traumatic injury sustained in the line of duty.
Status: Referred to House Judiciary Committee on November 13, 1997.

Police & Rescue Squad Protection Act
S 352     Sen. Joseph Biden (DE)
Description: Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to provide an appropriate sentencing enhancement for any offense in which the defendant uses, or attempts or conspires to use, an explosive or weapon of mass destruction with the intent to injure any public safety officer responding to, investigating, or attending to any individual injured by the use or attempted use of a different explosive.
Status: Referred to Senate Judiciary Committee on February 25, 1997.

Presidential Appointment of Chief of Forest Service
HR 817      Rep. Helen Chenoweth (ID)
Description: Amends the Department of Agriculture Reorganization Act of 1994 to require the Chief of the Forest Service to be appointed by the President, by and with the advice and consent of the Senate, from among persons who have substantial experience and demonstrated competence in forest land management and natural resources conservation.
Status: Referred to House Agriculture Committee on February 25, 1997.

Product Liability Reform Act of 1997
S 648     Sen. Slade Gorton (WA)
Description: To establish legal standards and procedures for product liability litigation, and for other purposes. Imposes seller liability; reduces damages by the percentage of harm attributable to misuse or alteration; limits the time within which a product liability action must be started; allows a claimant or defendant in a product liability action to offer to proceed with voluntary, non-binding alternative dispute resolution; allows punitive damages, as permitted by State law if the claimant shows defendant's conduct was carried out with a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm.
Status: Referred to the Senate Commerce, Science and Transportation Committee on April 24, 1997. Reported to Senate on June 19, 1997.

Public Safety Employer-Employee Cooperation Act of 1997
HR 1173     Rep. Dale Kildee (MI)
Description: A bill to provide collective bargaining rights for public safety officers employed by States or their political subdivisions. Requires States to grant public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees.
Requires the Director of the Federal Mediation and Conciliation Service to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that fail to comply with the requirements of this Act
Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. Status: Referred to the House Education and the Workforce Committee on March 20, 1997.

Public Safety Officers Memorial Scholarship Act
HR 2088      Rep. Sue W. Kelly (NY)
Description: To provide scholarships for the surviving spouse and dependent children of public safety officers who are killed in performance of their official duties, and for other purposes.
Status: Referred to House Education and the Workshop Committee on June 26.

Rescue and Emergency Services Prepared for Our Nation's Defense Act
HR 3764      Rep. Curt Weldon (PA)
Description: To establish a Commission to assess weapons of mass destruction (WMD) domestic response capabilities. The Commission will assess federal training programs for local emergency responses to incidents involving WMD; recommend strategies for ensuring effective coordination with respect to Federal agency WMD response efforts; and access the appropriate role of State and local governments in funding effective local response capabilities.
Status: Place in the National Defense Authorization Act for Fiscal Year 1999. Passed House and Senate. Awaiting conference.

Superfund Cleanup Acceleration Act of 1997
S 8     Sen. Bob Smith (NH)
Description: A bill to reauthorize and amend the Comprehensive Environmental Response, Liability, and Compensation Act of 1980, and for other purposes. Would rewrite Superfund liability and toxic waste cleanup rules in hopes of speeding the process.
Status: Passed the Senate Environment and Public Works Committee on March 26, 1998. Reported to Senate on May 19, 1998.

Emergency Supplemental Appropriations Act of 1997
HR 1871      Rep. Bob Livingston (LA)
Description: A bill making supplemental appropriations and rescissions for the fiscal year ending September 30, 1997, and for other purposes. Makes emergency appropriations to the Federal Emergency Management Agency (FEMA) for disaster relief. Requires the FEMA Director to submit to the Congress a legislative proposal to control disaster relief expenditures, including the elimination of funding for certain revenue producing facilities.
Status: Signed into law on June 12. Public Law 105-18.

The Police and Firefighter Tax Clarification Act
HR 202     Rep. Barbara B. Kennelly (CT)
S 393     Sen. Christopher J. Dodd (CT)
Description: To clarify the tax treatment of certain disability benefits received by former police officers or firefighters in the state of Connecticut. Treats heart disease and hypertension as personal injuries or sickness for purposes of excluding from gross income the disability benefits received by former police officers or fire fighters. Status: Offered as an amendment to the Balanced Budget Act of 1997. Signed into law on August 5, 1997. Public Law 105-33.

The Volunteer Firefighter and Rescue Squad Worker Protection Act
HR 94     Rep. Herbert Bateman (VA)
S 656     Sen. John Warner (VA)
Description: Amends the Fair Labor Standards Act of 1938 to exclude from coverage any fire fighters or rescue squad members during the period in which they volunteer their services at a facility where they are not then regularly employed.
Waives overtime compensation requirements when fire fighters or rescue squad members volunteer their services to their employer and sign a legally binding waiver. Prohibits employer coercion of such volunteering.
Status: Referred to the House Education and the Workforce Committee on January 7, 1997 and the Senate Labor and Human Resources Committee on April 25, 1997.

The Volunteer Firefighter Equipment Enhancement Act of 1997
HR 2523     Rep. Sam Gejdenson (CT)
Description: To amend the Internal Revenue Code of 1986 to expand the types of equipment which may be acquired with tax-exempt financing by volunteer fire departments and to provide a comparable treatment for emergency medical service organizations.
Status: Referred to the House Committee on Ways and Means on September 23, 1997.

The Volunteer Firefighter Stamp Act
H. Con Res. 24      Rep. Michael Forbes
(NY) Description: A resolution expressing the sense of the Congress that a postage stamp should be issued in recognition of the services rendered by the Nation's volunteer firefighters. In 1998, the Nation will celebrate the 350th anniversary of organized volunteer firefighting. The stamp would be issued in recognition of the services rendered by the nation's volunteer firefighters. Status: Referred to the House Government Reform and Oversight Committee on February 25, 1997.

United States Fire Administration (USFA) Authorization Act
HR 1272      Rep. Steven Schiff (NM)
S 1231     Sen. Bill Frist (TN)
Description: Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1998 and 1999. HR 1272 calls for $29,600,000 in funding for the fiscal year ending September 30, 1998 and $30,500,000 in funding for the fiscal year ending September 30, 1999. S. 1231 calls for $29,644,000 for 1998 and $30,554,000 for 1999.
Status: Public Law 105-108, November 20, 1997.

Volunteer Protection Act
HR 911     Rep. John Edward Porter (IL)
S 543      Sen. Paul Coverdell (GA)
Description: A bill to grant immunity from personal civil liability, under certain circumstances, to volunteers working on behalf of nonprofit organizations and governmental entities.
Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity, provided harm was not caused by willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed, by the volunteer. Sets forth exceptions and conditions that a State may impose on the granting of such immunity.
Status: Signed by President on June 18. Public Law 105-19.

Wireless Communications and Public Safety Act of 1998
HR 3844     Rep. Billy Tauzin (LA)
Description: A bill to promote and enhance public safety through use of 9-1-1 as the universal emergency assistance number, further deployment of wireless 9-1-1 service, support of States in upgrading 9-1-1 capabilities and related functions, encouragement of construction and operation of seamless, ubiquitous and reliable networks for personal wireless services, and ensuring access to Federal Government property for such networks, and for other purposes.
Status: Referred to the House Committee on Commerce on May 12, 1998. Hearing held June 9, 1998.

Wireless Privacy Enhancement Act of 1997
HR 2369      Rep. W.J. Tauzin (LA)
Description: Amends the Communications Act of 1934 to prohibit modifying any electronic communication device, equipment, or system in a manner which causes it to fail to comply with regulations governing electronic eavesdropping devices.
Directs the Federal Communications Commission (FCC) to prescribe regulations (and review and revise them when necessary in response to changes in technology and behavior) denying equipment authorization for any scanning receiver capable of:
(1) receiving transmissions in frequencies allocated to the domestic cellular or personal communications service; (2) being readily altered to receive such transmissions; (3) being equipped with decoders that convert domestic cellular or personal communications service or protected specialized mobile radio service transmissions to analog voice audio, or which convert protected paging service transmissions to alphanumeric text; or (4) being equipped with devices that otherwise encode encrypted radio transmissions for purposes of unauthorized interception.
Status: Passed House on March 5, 1998. Referred to Senate Committee on Commerce, Science and Transportation.

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