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Standing Panel on the Federal System
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Homeland Security: Intergovernmental Relations Issues

April 18, 2002
Standing Panel on the Federal System
National Academy of Public Administration

The panel discussed some of the new tensions that have arisen in the intergovernmental system since September 11. While there is a general harmony of interests in improving security, the new priorities, roles and responsibilities of each level of government, and communication and coordination challenges require significant changes.

I. Roles and Responsibilities

A. Federal role is critical in setting standards (e.g., for communications equipment that is interoperable) has strong support
B. The best way to distribute federal funds is controversial

  • Local governments prefer that federal funds be distributed to first responders in the most direct way possible. They fear needless delays if the distribution method requires state governments to sign off funds going to communities (e.g., some state legislatures meet biannually and are required by state law to approve any budgetary matter). As Phoenix City Manager, Frank Fairbanks, put it, "get out of the way and give us the money."

  • State governments believe they are in the best position to determine which communities can do a good job and which ones may not use the funds wisely. States do not want funds to go directly to local governments. FEMA likes working with states as it can deal with just 50 entities, rather then all of the local governments that would qualify for funds.
  • If funds go through states, another issue is that many metropolitan areas involve more than one state. How will regional strategies by promoted? Can we learn from other successful programs (e.g., ISTEA, TEA21)?
  • Will funds be used more judiciously if local governments are required to provide matching grants? Some local governments that most need the funds may not feel they can afford to provide a local match.
  • Local governments are concerned about funding reductions from state and federal governments due to the economic downturn and shifting priorities. E.g., President Bush's proposed FY2003 budget included a 90% reduction in LEAA grants; $9 billion less in TEA 21; and a squeeze on CDBG, HOME, and DOL funds that flow to local governments. [Congress continues to debate funding levels as well as the possibility that the Office of Homeland Security be made a Cabinet-level agency. The COPs program (community oriented policing) had been targeted for cuts in the Administration's budget, but has strong support in the Senate, noting that less federal support for police in one program makes it more difficult to strengthen security with training and equipment in another program.]

II. Office of Homeland Security (OHS)
A. Should it become a Cabinet-level agency? Recent issues that surfaced with the new Transportation Security Agency might have been handled more deftly had they been "vetted" by the OHS first.
B. Governor Ridge has begun to make public statements about the difficulty the OHS has in addressing some critical security concerns due to the lack of authority the office has.
C. OHS has advocated making FEMA the prime agency to deal with the first responders. Justice has pressed for a greater role.

III. Public Policy Issues
A. Individual rights versus security concerns
B. How much (and how often) should security threats be shared with the public? How should the information be shared?
C. GIS at the local level is an excellent tool for local governments and was a major asset in the NYC response to 9/11. The federal government recognizes that local governments are innovators in this area and want to learn from them. At the same time, security could be threatened by the relatively easy access that potential terrorists may have to details about local assets and neighborhoods.
D. Is FEMA's all-hazards approach still valid?
E. Everything and everyone must be better coordinated now: private sector, public sector, all levels of government, including ports and other special governmental operations.

  • In the bioterrorism battle, a public health nurse may be the first responder.
  • Front-end planning is the only way to deal with the broad range of issues that must be addressed to keep the economy functioning.
  • How do local governments work with multi-national companies?
  • The railroad industry has been slow to share information about freight movement (esp. of hazardous materials). That problem was one reason that the fire burned so long in the train tunnel in Baltimore last summer.

F. Regional solutions are required, yet our governmental structures and funding strategies make it difficult to develop regional approaches. Private companies think regionally - or nationally - but seldom think about their local government jurisdiction.
G. Will the federal government usurp more authority from state and local governments? Is a national police force in our future?

 

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