Okay long gone the Republican from Connecticut wiped out in a recent election was a favorite of mine even though the other party for trying to and successfully grappling with Homeland Security and Emergency Management issues long before 9/11/01!
So thanks Chris for all the hard work. Like the deceased Tilly Fowler of Florida also a Republican Chris' thoughtful work should not be lost.
For one thing Chris was the father of the TOPOFF series of exercises. That series was designed so that senior officials that normally did not participate in Exerices at any level might be exposed to issues and given understanding of what possible scenarios they might face in both catastrophic and less than catastrophic situations. Like the long serving FIRE SERVICE Battalion Chief that has not faced a FULL BOX alarm recently or ever that goes catatonic when faced with one the need for senior officials to think about both the thinkable and unthinkable always will be a big problem for HS and EM leaderhsip. After all both those leaderships are supposed to be expert based on knowledge, training or experience or education and someone has to do the job. Oddly of course Mayor Guiliani was prepared as Mayor on 9/11/01 largely because unknown to most of the public the Criminal Division of the Department of Justice has long housed the emergency action types of that department. Guiliani was once in that Division and even led it for a while if my understanding is correct. Oddly Michael Chertoff also headed that division and I thought he would make a good choice to head DHS and in someways did so but largely failed. His immigration reform efforts killed by Senate Republicans I believe will resurface at some point.
Back to Chris Shays. One of the battles Chris lost in the formation of DHS was given that new department new standards setting and regulatory authority in its organic legislation. Specifically what became the Homeland Security Act of 2002, enacted in November 2002. NONE, repeat NONE of the above was given although in several instances it came close.
So in an effort to repair that deficiency Chris introduced the following which while not perfect was a step forward and hoping Peter King revives it in the 112th. So see the bill reproduced below and imagine its positive impact on HS/EM in the long haul.
National Preparedness Standards Act (Introduced in House)
HR 3227 IH
108th CONGRESS
1st Session
H. R. 3227
To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish clearly defined standards and guidelines for Federal, State, and local government emergency preparedness and response capability, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 2, 2003
Mr. SHAYS (for himself, Mrs. MALONEY, Mr. TURNER of Ohio, Mr. TIERNEY, Mr. MURPHY, and Mr. RUPPERSBERGER) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Select Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
________________________________________
A BILL
To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish clearly defined standards and guidelines for Federal, State, and local government emergency preparedness and response capability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Preparedness Standards Act'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Second Report of the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction (also known as the Gilmore Commission) called for standards for emergency preparedness and response.
(2) The National Strategy for Homeland Security calls for the issuance of standards for emergency preparedness and response.
(3) The standard-setting activities called for in the Homeland Security Act of 2002 (Public Law 107-296) need to be accelerated and coordinated.
(4) Actual preparedness against the threat of weapons of mass destruction is not being enhanced sufficiently.
(5) The lack of standards for Federal, State, and local government emergency preparedness and response poses the risk of grant funds for emergency preparedness and response being wasted.
SEC. 3. EMERGENCY PREPAREDNESS AND RESPONSE STANDARDS.
(a) IN GENERAL- Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:
`SEC. 510. EMERGENCY PREPAREDNESS AND RESPONSE STANDARDS.
`(a) REQUIREMENT TO ESTABLISH STANDARDS-
`(1) IN GENERAL- The Secretary, in consultation with other Federal agencies, State and local emergency responder agencies and officials, and standard-setting bodies from the emergency responder community, shall establish clearly defined standards and guidelines for Federal, State, and local government emergency preparedness and response capability, including for training, interoperable communication systems, and response equipment.
`(2) CONTENT- The Secretary shall design such standards to comply with the following:
`(A) FLEXIBILITY- The standards shall be sufficiently flexible to allow local government officials to set priorities based on their needs, while reaching nationally determined preparedness levels within a fixed time period.
`(B) MEASURABLE CAPABILITIES- The standards shall be designed to develop emergency preparedness and response capabilities that are measurable and subject to Federal audit.
`(b) DETERMINATION OF STATE AND LOCAL GOVERNMENT MINIMUM ESSENTIAL CAPABILITY- The Secretary shall--
`(1) determine for each State the minimum essential emergency preparedness and response capability that should be achieved by the State, including State and local government emergency preparedness and response agencies of the State; and
`(2) measure for each State progress made by State and local government emergency preparedness and response agencies--
`(A) in achieving the minimum essential capability determined for the State under paragraph (1); and
`(B) complying with standards issued by the Secretary under this section.
`(c) IMPROVEMENT OF COMPLIANCE WITH STANDARDS- To improve compliance with emergency preparedness and response capability standards under this section, the Secretary may--
`(1) coordinate and consolidate the development by the Federal Government of standards for Federal, State, and local government for Federal, State, and local government emergency preparedness and response capability, including for training, interoperable communication systems, and response equipment;
`(2) establish and coordinate an integrated capability for Federal, State, and local governments and emergency responders to plan for and address potential consequences of terrorism;
`(3) coordinate provision of Federal terrorism preparedness assistance to State, tribal, and local governments;
`(4) establish standards for a national, interoperable emergency communications and warning system; and
`(5) establish standards for training of first responders, and for equipment to be used by first responders, to respond to incidents of terrorism, including incidents involving weapons of mass destruction.
`(d) CONSULTATION- In carrying out activities under this section, the Secretary shall consult with relevant private sector groups, including--
`(1) the National Fire Protection Association;
`(2) National Association of County and City Health Officials;
`(3) Association of State and Territorial Health Officials; and
`(4) American National Standards Institute.
`(e) ANNUAL REPORT- The Secretary shall, by not later than 9 months after the date of the enactment of this section and annually thereafter, report to the Congress, on a State-by-State basis, regarding--
`(1) progress achieved, by grant and training programs administered by the Department, in--
`(A) increasing State and local government terrorism preparedness; and
`(B) conforming such State and local government terrorism preparedness to applicable standards issued by Federal agencies;
`(2) when State and local government terrorism preparedness will conform to such standards; and
`(3) the amount of expenditures required for State and local government terrorism preparedness to conform to such standards.'.
(b) CLERICAL AMENDMENT- The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 509 the following:
`Sec. 510. Emergency preparedness and response standards.'.
SEC. 4. STANDARD WITH RESPECT TO WEAPONS OF MASS DESTRUCTION.
The Secretary of Homeland Security shall, pursuant to the amendment made by section 3, include in the fiscal year 2005 budget request for the Department of Homeland Security a minimum essential emergency preparedness and response capability standard with respect to weapons of mass destruction- and terrorism-related disaster equipment and training, separately--
(1) for metropolitan areas, expressed per 100,000 persons in a metropolitan area; and
(2) for rural areas.
________________________________________
Hearings should be held after introduction in the 112th Congress so that it could be refined but this would also make some understand why DHS and FEMA have accomplished so little since DHS opened its doors in March 2003!
And thanks again Chris wherever you are for all the concerted effort to forge better catastrophic preparedness and response in the US. Some of US noticed your efforts.
