As Congressional conference committee members work to resolve differences between House and Senate bills to implement the 9-11 Commission’s recommendations, 18 major fire, law enforcement and EMS organizations sent them a letter on Monday with their unified recommendations.

Although intelligence reform is the major focus of the 9-11 bills, several provisions in each bill could have significant impact on the first responder community, according to Bill Webb, executive director of the Congressional Fire Services Institute. “It’s going to determine how a lot of Homeland Security grant money is distributed at the state and local level. It’s also going to have major impact on the issue of interoperability and allowing first responder access to broadcast spectrum.”

The House  9-11 Recommendations Implementation Act (H.R.10) and the Senate’s National Intelligence Reform Act of 2004 (S. 2485), both passed on Oct. 8, overhaul the system under which the Department of Homeland Security currently administers State Homeland Security Block Grants and change the formulas under which the funds are awarded and distributed in attempt to streamline the process.  Both bills also create grants for interoperable communications and both address the issue of freeing radio frequency spectrum for public safety communications. But there are substantial differences between the bills. (See CFSI’s report for more details.)

Among the chief recommendations in the letter to Congressional members, which was signed by the International Association of Fire Chiefs, along with CFSI, the International Association of Arson Investigators, the National Volunteer Fire Council, the International Association of Fire Fighters and National Fire Protection Association; law enforcement groups, including the International Brotherhood of Police Officers; and EMS organizations, is a “risk-based approach” in the allocation formula for first responder grants:

“If the goal is to ensure that first responders are better prepared for terrorist attacks, the funding stream must stress the unique risks faced in different communities. Funding allocations should take into consideration risk, infrastructure, and other factors as well as population in order to be more productive. To the extent that state minimums are included, we urge that the minimums be kept low, in order to provide maximum funding to areas of greatest need.”

In the area of communications, the organizations support the Senate bill provision that will “fully implement the 9-11 Commission Report calling for Congress to ‘support pending legislation which provides for the expedited and increased assignment of radio spectrum for public safety purposes.’” H.R. 10 addresses this issue also, but would make the spectrum available as part of an end of digital television, for which Congress has yet to set a firm date. “While we appreciate the continued support of the House of Representatives on this issue, we need legislation requiring a firm deadline for the reassignment of spectrum for first responders,” the letter states.

As for interoperable communications, the letter notes that the DHS should “obligate Federal assistance from future budget authority for the purposes of enhancing interoperable communications capabilities” and urged conferees to include a grant program for the purchase of communications equipment.

Other grant programs, such as the FIRE Act, SAFER and Local Law Enforcement Block Grants, and existing successful grant programs must not be rolled into the framework of terrorism grants, the organizations' letter said.

According to Webb, it’s hoped that conference committee members will offer their report and the measure will pass when Congress meets in a lame-duck session after the elections. If not, it will be not be taken up until the next session of Congress convenes in January.

The complete text of a letter from first-responder organizations, as sent to Congressman Peter Hoekstra, is posted below.

Congressional Fire Services Institute/International Association of Arson Investigators/International Association of EMT’s and Paramedics/International Association of Fire Chiefs/International Association of Fire Fighters/International Brotherhood of Police Officers/International Fire Service Training Association/International Society of Fire Service Instructors/Law Enforcement Steering Committee/Major Cities Chiefs/National Association of Police Organizations/National Association of Government Employees/National Fire Protection Association/National Organization of Black Law Enforcement Executives/ National Troopers Coalition /National Volunteer Fire Council/North American Fire Training Directors/Police Executive Research Forum

October 18, 2004

Congressman Peter Hoekstra 2234 Rayburn House Office Building Washington, DC 20515

Dear Congressman Hoekstra:

On behalf of the nation’s first responders—the firefighters and police officers who serve on the front lines of domestic defense against acts of terrorism—we wish to express our gratitude to you and your colleagues in both the House and Senate for their commitment to our nation’s efforts to address terrorism through their respective homeland security legislation. As the House and Senate begin to conference on their measures, we would like to share our perspective on several issues pending before the Conference Committee on the 9/11 Recommendations Implementation Act (H.R. 10) and the National Intelligence Reform Act of 2004 (S.2485).

I. First Responder Grants

While Congress has appropriated billions of dollars over the past three years to better train and equip first responders to respond to acts of terrorism, we are very concerned that few of these dollars have actually reached front-line emergency response personnel. Recognizing an immediate need to reform this process, we urge both the House and Senate to address our concerns to ensure first responders receive the training and equipment they desperately need. To this end, we owe a debt of gratitude to Senators Collins and Lieberman and Congressmen Cox and Turner for their diligent and tireless efforts on these important reforms.

1. Risk-Based Approach-The paramount issue regarding first responder funding is the allocation formula. We believe that the funds should be distributed based on a risk or threat-based model, while still ensuring that states and regions are able to reach a base-line level of readiness. If the goal is to ensure that first responders are better prepared for terrorist attacks, the funding stream must stress the unique risks faced in different communities. Funding allocations should take into consideration risk, infrastructure, and other factors as well as population in order to be more productive. To the extent that state minimums are included, we urge that the minimums be kept low, in order to provide maximum funding to areas of greatest need. 2. Essential Capabilities—The federal government has a fiscal responsibility to ensure that recipients of funds are in full compliance with nationally recognized standards. To this end, we favor the House bill language on the development of “essential capabilities” to ensure that federal dollars have the greatest benefit. The process used to develop these essential capabilities is also of critical importance. Front line emergency responders must be represented in any body tasked with identifying capabilities and standards. It is also vital that equipment and training purchased with federal money must meet performance standards to insure these items will address the needs of first responders. Whenever possible, DHS should utilize existing voluntary consensus standards.

3. State Plan Development—We believe the Senate bill contains greater specificity in the development of State Homeland Security Plans, and we urge the conference to adopt the Senate language. We fervently support the Senate language that requires front-line emergency responders be involved in the development of the plans. This will guarantee that the plans are workable and practical, as well as theoretically sound.

4. Pass-Through and By-Pass Provisions for Localities—The legislation must include specific pass-through requirements for states that clearly identify both the amount of funding that must be sent to localities and the time frame in which it must be spent. In addition, localities should be given the option of seeking funding directly from the Department of Homeland Security in those rare instances in which the state fails to adequately comply with pass-through requirements.

5. UASI—The Urban Area Security Initiative has been very successful in distributing funding to municipalities when state agencies have failed to do so. If Congress can create a true risk-based approach to distributing funds, it may not be necessary to separately appropriate funds to specific urban areas deemed to be high-risk. But until the new distribution mechanism is fully operational, Congress should retain the option of funding UASI at whatever level it deems appropriate, unfettered by arbitrary caps.

6. Relationship with Other Grant Programs—While the federal government should give high priority to terrorism preparedness, it cannot be the only objective. Americans face daily threats from a wide variety of natural and manmade dangers, and emergency responders must be adequately prepared to respond to all threats and hazards. For this reason, existing programs benefiting first responders—including Byrne Grants, the FIRE Act, SAFER, Local Law Enforcement Block Grants (LLEBGs), and existing, successful programs—must be considered separate programs and not rolled into the framework of terrorism grants.

II. Communications

Despite widespread concern about the inability of first responders to effectively communicate on the scene of an emergency, little actual progress has been made to address this complex issue. Both bills, to varying degrees, contain two important provisions designed to enhance interoperable communications, and the nation’s first responders urge their inclusion in the final conference agreement.

1. Spectrum— S. 2845 contains a provision that will fully implement the recommendation by the 9/11 Commission Report calling for Congress to “support pending legislation which provides for the expedited and increased assignment of radio spectrum for public safety purposes.” H.R. 10 addresses this issue, but only through a “sense of the Congress” that the spectrum be made available as part of a yet-to-be legislated end of the digital television (DTV) transition. While we appreciate the continued support of the members of the House of Representatives on this issue, we need legislation requiring a firm deadline for the reassignment of the spectrum for first responders. Current law sets aside spectrum for public safety use, but fails to provide adequate guarantees that television stations currently occupying this spectrum will vacate it in a timely fashion. The provision in S. 2845 guarantees first responders access to this spectrum without unduly burdening commercial broadcasters. While we would prefer to see the timetable moved up, we believe this is a worthwhile compromise deserving of your support.

2. Grants—According to the 9/11 Commission, “[t]he inability to communicate was a critical element at the World Trade Center, Pentagon, and Somerset County, Pennsylvania crash sites, where multiple agencies and jurisdictions responded.” To solve this critical problem, the Department of Homeland Security (DHS) should obligate Federal assistance from future budget authority for purposes of enhancing interoperable communications capabilities for emergency response providers. A grant program for the purchase of communications equipment is an essential complement to the Senate spectrum language, and we urge the conferees to include this in the conference report.

CONCLUSION:

We reiterate our appreciation to Congress for addressing these crucial issues. If we are to truly heed the suggestions of the 9/11 Commission, then we must make extensive reforms and we must make them now. However, Congress must avoid making reforms only for the sake of making reforms. We must make sure the legislation that comes out of the conference is what is best for our nation and its first responders. Thank you again for your continued support of America’s police officers, firefighters, and emergency service personnel.

Sincerely,

Congressional Fire Services Institute
International Association of Arson Investigators
International Association of EMT’s and Paramedics
International Association of Fire Chiefs
International Association of Fire Fighters
International Brotherhood of Police Officers
International Fire Service Training Association
International Society of Fire Service Instructors
Law Enforcement Steering Committee
Major Cities Chiefs
National Association of Police Organizations
National Association of Government Employees
National Fire Protection Association
National Organization of Black Law Enforcement Executives
National Troopers Coalition
National Volunteer Fire Council
North American Fire Training Directors
Police Executive Research Forum

CC: Congressman Christopher Cox; Chair, House Select Committee on Homeland Security Congressman Jim Turner; Ranking Member, House Select Committee on Homeland Security