Congress works on first responder grants, security information sharing.

Congress held a number of hearings and mark-up sessions last week on legislation aimed at improving federal homeland security operations including Senate committee approval of grants to local first responders and House passage of a bill promoting information sharing among law enforcement agencies.

First Responder Grants

The Senate Committee on Environment and Public Works approved the "First Responder Terrorism Preparedness Act of 2002" (S. 2664), which would authorize President Bush's $3.5 billion First Responder Initiative to be administered by the Federal Emergency Management Agency (FEMA).

"This bill recognizes the critical role that our police, fire and EMS personnel play in responding to a national disaster," said Chairman James M. Jeffords (I-Vt.), who sponsored the legislation with ranking committee member Bob Smith (R-N.H.). "One of the many lessons we learned on September 11th is that we need to provide additional resources and better coordination to the men and women who are the first on the scene of a disaster. This legislation provides our first responders with additional tools to provide a quick and effective response to a national crisis. They deserve nothing else."

S. 2664 would authorize grants to local and state governments for the following uses: first responder training; preparedness exercises; Urban Search and Rescue Task Forces; interoperable equipment such as emergency communications systems; upgrading emergency operating centers; and developing consistent, integrated preparedness and response plans among all levels of government.

FEMA's Office of National Preparedness would be responsible for leading a coordinated and integrated effort to improve terrorism preparedness and response capability at all levels of government. Duties of the office will include encouraging mutual aid agreements between states, setting guidelines and standards for first responders, and managing the first responder grant program.

Under the grant process, the legislation would provide each state with a base amount of $15 million. The remaining funds would be distributed to states based upon criteria including population, location of critical infrastructure and proximity to international borders. Each state would be obligated to direct at least 75 percent of its first responder funds to local governments.

Through a bipartisan effort, the committee also passed three amendments to the legislation offered by Senator Hillary Rodham Clinton (D-N.Y.) that would: require states to direct the subgrants to local governments no later than 45 days after receipt of funds, based upon population and infrastructure needs; direct states to coordinate with local governments the planning and use of funds, ideally contingent upon the development of integrated emergency preparedness plans; and encourage coordination of relevant first responder law enforcement activities with the Office of Community Oriented Policing Services (COPS).

Information Sharing

The House of Representatives passed the "Homeland Security Information Sharing Act" (H.R. 4598), which would promote the exchange of information pertaining to terrorist or homeland security activity among federal, state and local governments. The legislation would help address long-standing concerns voiced by NLC that urge the implementation of a national policy for sharing certain classified information on threats or potential threats of terrorism with local law enforcement agencies and other first responders.

Representatives Saxby Chambliss (R-Ga.) and Jane Harman (D-Calif.) were the primary sponsors of the legislation, which would also mandate coordination among the Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI) and the National Security Agency (NSA). The agencies would be able to share pertinent information to local law enforcement agencies while protecting any sensitive or classified intelligence that could be compromised.

"This is a bill about how to make Americans safer," Chambliss stated. "We do a great job in this country of gathering intelligence, but we don't do a very good job in sharing that information."

Commissioner Bryce Hill of Bismarck, N.D., welcomed the bipartisan measure as a critical means to local and national defense against terrorism.

"Local governments are often the first to respond to a terrorist threat or attack," said Hill, who is chairman of NLC's Public Safety and Crime Prevention Committee. "Our first responders must be provided with timely information and resources to play a leading role in the effort of prevention and emergency response. From sharing critical information to dedicated funding for local homeland security needs, NLC supports the Homeland Security Information Sharing Act and other efforts to develop a comprehensive national strategy for domestic preparedness against terrorism."

New Homeland Security Department

Homeland Security Director Tom Ridge testified before the Senate Judiciary Committee to discuss legislation the White House sent to Congress earlier this month to create a new Cabinet level Department of Homeland Security.

The new department would consolidate federal homeland security functions that currently span more than 100 agencies and mobilize resources with state and local governments and the private sector. Four divisions would be housed within the new department: Information Analysis and Infrastructure Protection; Chemical, Biological, Radiological and Nuclear Countermeasures; Border and Transportation Security; and Emergency Preparedness and Response.

Although the proposal reflects a greater effort for coordination and proactive measures to prevent future terrorist attacks, several lawmakers have raised concerns about provisions to exempt the department from certain current legal requirements.

"In writing the charter for this new department, we must be careful not to generate new management problems and accountability issues," said Judiciary Committee Chairman Patrick Leahy (D-Vt.).

He expressed concerned that the administration's proposal would exempt the new department from many legal requirements that apply to other agencies. The Freedom of Information Act would not apply and the conflicts of interest and accountability rules for agency advisors would not apply under the proposal. The new department head would have the power to suspend the Whistleblower Protection ACt, the normal procurement rules and to intervene in Inspector General investigations. In these respects, the administration is asking Congress to put this new department above the law and outside the checks and balances these laws are put there to ensure, Leahy said.

"Exempting the new department from laws that ensure accountability to the Congress and to the American people makes for soggy ground and a tenuous start--not the sure footing we all want for the success and endurance of this endeavor," he said.

Leahy also referred to recent FBI data, which reports an increase in crime, stating that there must be a balance between resources for counterterrorism and domestic crime prevention programs, such as Community Oriented Policing Services (COPS). "This committee does not want to hand back to homegrown criminals the hard-earned gains we have made in fighting crime over most of the last decade."

As The Weekly went to press, the Senate Judiciary, Governmental Affairs, and Environment and Public Works Committees, as well as the House Judiciary and International Relations Committees, scheduled additional hearings on homeland security. Congressional leaders have expressed a strong intent to pass legislation creating the new department by September 11, 2002.