CFSI UPDATE
By Sean Carroll, Congressional Fire Services Institute

Congress has adjourned temporarily as members return home for the November 2^nd election.  Although Congress is expected to return after the election to finish work on the remaining appropriations bills, there was a flurry of legislative activity on the Hill before they left, much of it having an impact on the fire service. 

On Saturday, October 9^th, Congress reauthorized the Assistance to Firefighters Grant Program (FIRE Act) for fiscal years 2005-2009.  The bill was passed as part of H.R. 4200, the Fiscal Year 2005 Department of Defense Authorization Act.

The FIRE Act reauthorization makes several substantial changes to the program, while keeping its overall structure largely intact.  The primary changes will:

§    Increase number of matching requirement categories from two to three and reduces the size of matches: 20 percent for jurisdictions larger than 50,000 people; 10 percent for jurisdictions between 20,000 and 50,000 people; 5 percent for jurisdictions smaller than 20,000 people.

§    Increase award amounts from $750,000 to $1 million for jurisdictions smaller than 500,000 people; $1.75 million for jurisdictions between 500,000 and 1 million people; $2.75 million for those large urban areas with more than 1 million people.  No single award can be in excess of one-half of one percent of the total appropriation. 

§         Add firefighter safety research and development programs to the non-competitive fire prevention grants. 

§         Codify the practice of fire service participation in peer review and criteria development.  

§         Authorize the Director of the Department of Homeland Security’s Emergency Preparedness and Response Directorate (FEMA) acting through the United States Fire Administrator to administer the program.  In the previous two years, the Director of the Office for Domestic Preparedness administered the program. 

§         Expand eligibility to include any “public or private nonprofit emergency medical services organization that is not affiliated with a hospital and does not serve a geographic area in which… emergency medical services are adequately provided by a fire department.”

Passage of the FIRE Grant Reauthorization Act involved the efforts of many fire caucus leaders including Senator John McCain (AZ), Senator Mike DeWine (OH), Senator Christopher Dodd (CT), Congressman Curt Weldon (PA), Congressman Steny Hoyer (MD), Congressman Sherwood Boehlert (NY), Congressman Rob Andrews (NJ), Congressman Nick Smith (MI), and Congressman Bill Pascrell (NJ).  They worked in close consultation with the national fire service organizations, including CFSI.  The Defense Authorization bill will now go to the President for his signature. 

On Monday, October 11^th, Congress passed H.R. 4567, the Fiscal Year 2005 Department of Homeland Security Appropriations Act.  The bill will fund the activities of the Department for the current fiscal year. 

Among the programs funded by this bill are the Assistance to Firefighters Grant Program (FIRE Act) and the SAFER Program.  The FIRE Act received $650 million in funding for FY 2005, a $100 million reduction from the previous fiscal year.  SAFER received $65 million in funding, the first time this program has been funded. 

The bill also includes $21 million for development and implementation of interoperable communication systems, $180 million for emergency management planning grants, and $30 million for urban search and rescue teams.  President Bush signed the measure into law today at a White House signing ceremony.

On Friday, October 8^th, both the House and the Senate passed separate bills to implement the recommendations of the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission).  The bills, H.R. 10 and S. 2845 respectively, both started as intelligence reform bills but quickly grew into legislation addressing many of the recommendations the Commission made.  H.R. 10 was sponsored by Speaker of the House J. Dennis Hastert (IL) and S. 2845 was sponsored by Senator Susan Collins (ME).  A conference committee is now meeting to resolve differences between the two bills.

Several of the provisions in each bill could have a significant impact on the first responder community.  Both pieces of legislation overhaul the system under which the Department of Homeland Security (DHS) currently administers its State Homeland Security Block Grants.  DHS continues to receive criticism over the distribution process, with many first responders complaining that the money isn’t getting to them fast enough – if at all.  The two bills change the formulas under which the funds are awarded and attempt to streamline the process under which they are distributed.  However, the measures have significant differences, which the conference committee will have to resolve before Congress can give its final approval.

Both bills also create grants for interoperable communications, and both tackle the issue of radio frequency spectrum.  The Senate bill would fully implement a recommendation in the 9/11 Commission Report that Congress “support pending legislation which provides for the expedited and increased assignment of radio spectrum for public safety purposes.” H.R. 10 contains language to make the spectrum available as part of a yet-to-be legislated end of the digital television (DTV) transition; however, the language is in the form of a “sense of Congress” which carries no legislative weight.   

 

Fire, police, emergency medical and other public safety agencies face severe shortages of radio spectrum in much of the nation, and are often forced to operate on crowded radio frequencies that are incompatible with their neighboring agencies.  Additional public safety spectrum is needed to enhance interoperable radio communications, alleviating dangerous congestion on existing radio systems, and allowing for the implementation of state-the-art communications technologies to protect the safety of life and property.

 

In 1997, Congress required that a small portion of the television broadcast spectrum (TV channels 63, 64, 68, and 69) be reallocated for public safety use, but restricted access to that spectrum until the uncertain end of the DTV.  S.2845 would establish a firm date by which public safety agencies would be able to use this spectrum.  State and local governments need a firm date in order to proceed with planning, funding, and construction of new radio systems, safe in the knowledge that the spectrum will be there when they need it.

 

For copies of the 9/11 Commission Report, H.R. 10, S. 2845, any other fire and emergency service related legislation, please visit www.cfsi.org.