Senate Committee Approves $3.5 Billion for First Responders
Direct Funding, Overtime Not Included - Action Needed
By Ed Somers
July 15, 2002
The Senate Environment and Public Works Committee approved the "First Responder Terrorism Preparedness Act of 2002" (S. 2664) on June 27 by a unanimous vote. The bill would authorize $3.5 billion for the Administration's first responders initiative and increased funding for Urban Search and Rescue Teams from FY 2003-2006. The bill was sponsored by Committee Chair James Jeffords (VT) and Ranking Member Robert Smith (NH).
The bill was developed in cooperation with the Federal Emergency Management Agency (FEMA) and reflects the Administration's proposed first responders initiative. While the bill would provide significant funding for first responders, it does not address many of the key priorities of the Conference of Mayors. Under the Jeffords/Smith bill:
Funding is provided to the states as proposed by the Administration, with a minimum amount of $15 million per state plus a formula which can include factors such as population, critical infrastructure, and proximity to borders;
The states would sub-allocate 75 percent of their funding to local governments and "local entities" based on criteria established by the Director of FEMA such as population, critical infrastructure, and proximity to borders. Senate staff indicate that "local entities" is intended to be limited to volunteer fire and police departments, but the final report language is not yet available. The definition of "local governments" under current FEMA law is also very broad.
Overtime is specifically forbidden under the bill;
A 25 percent match is required;
There is no retroactive allowance; and
There is no guarantee that the funding will only go to the governors and not reach the state legislatures.
Prior to action, the Conference of Mayors sent a letter to the Committee urging that these areas be changed, and many mayors sent their own letters and made phone calls. In addition to the lack of direct funding, the prohibition against overtime is especially troubling in that Homeland Security Director Tom Ridge announced during the Annual Conference of Mayors in Madison on June 17 that he might support a 10 percent "block grant within a block grant" for overtime, yet this bill would specifically prohibit such flexibility.
In contrast, the priorities of the nation's mayors are reflected in the Homeland Security Block Grant bill (S. 2038) being sponsored by Senator Hillary Rodham Clinton (NY) and nine other Senators, which was not acted upon by the Committee. This bill includes direct funding, overtime, a 10 percent match, and coverage of retroactive expenses post September 11, 2001.
Senator Clinton was able to get several amendments to the Jeffords/Smith bill adopted during markup including: 1) a requirement that the states consult with local governments; 2) a requirement that the states sub-allocate the funds in no more than 45 days after receipt; and 3) the clarification that FEMA will establish the criteria for sub'state allocation, based on factors such as population, critical infrastructure, and proximity to borders. Sen. Clinton also raised the need for overtime, which received some favorable comments from the Committee leadership, but was not included in the bill.
In commenting on the Senate Committee action, Conference President Boston Mayor Thomas M. Menino said, "The nation's mayors are pleased that the Senate Environment and Public Works Committee marked-up desperately needed legislation to provide $3.5 billion in assistance to our first responders. Cities, on the frontlines in the fight to secure the homeland, have incurred tremendous security, preparedness, and emergency response costs since September 11. Therefore, we welcome progress on approving these new resources, which are sorely needed and will help make cities better prepared and better able to respond in case of emergency."
"We also commend New York Senator Hillary Rodham Clinton for her leadership in improving this bill by encouraging state coordination with cities, and requiring a more timely pass- through of funding to local governments," Mayor Menino added.
The Mayor then stressed, "However, we were very disappointed that the Committee chose not to provide this assistance directly to cities and not to make available any funding to help cities cover the huge overtime costs associated with increased security efforts. These and other key priorities of mayors are contained in Senator Clinton's Homeland Security Block Grant which we strongly endorse. We are hopeful that there can be additional progress on these issues as this vital package and other bills move through the legislative process in the Senate and the House, and that the issues of direct funding and overtime will be adequately addressed."
This is only the first step for this proposal. The bill will have to go to the Senate floor, other Senate committees might decide to act on the proposal _ or draft their own bills (such as the Judiciary Committee) _ the House has not moved forward with authorizing legislation, and in the end the House and Senate Appropriations Committees will have to act on the FY 2003 funding. Also, there is a possibility that the authorizing legislation could eventually be merged into bills to establish the new Department of Homeland Security.
Action Needed
It is very important that Mayors contact their members of the Senate and House to express strong support for a Homeland Security Block Grant, with an emphasis on direct funding and the allowance of overtime. Copies of the most recent letters sent to the Senate and House are available at usmayors.org. Any questions or feedback should be directed to Ed Somers with the Conference staff at 202-861-6706.
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