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Standing Panel on the Federal System
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"The Proposed Department of Homeland Security: Implications for State and Local Government"

October 4, 2002
Highlights of the October 4 Forum
Standing Panel on the Federal System
Implications of the Department of Homeland Security
for State and Local Governments

Panel:
Jeff Arnold, Deputy Legislative Director, National Association of Counties
Elizabeth Kellar, Deputy Executive Director, International City/County Management Association (ICMA) and chair of the Federal System Panel
Paul Posner, Managing Director, Federal Budget Issues, U.S. General Accounting Office
Raymond Scheppach, Executive Director, National Governors Association

Moderator: Peter Harkness, Editor and Publisher, Governing magazine

State and local governments see possibilities as well as problems with the proposed U.S. Department of Homeland Security. Some participants believed that the new department would improve coordination among federal agencies and across other levels of government that are involved in homeland security, permit consolidated and streamlined grants to state and local governments, provide more comprehensive leadership for national strategy to increase homeland security, and help to focus on priority goals and activities. Others maintained that creation of a new agency would get in the way of the effective relationships states and localities have established with existing federal agencies. Based on experience with organizing and restructuring large federal agencies, several participants anticipated that getting a new federal department of such magnitude up and running could take 8-10 years and could distract attention from the more important factors in improving homeland security.

The factor most often cited as critical to increased homeland security for all sectors and levels of government was improved coordination and cooperation among the parties. The agencies and other groups involved in homeland security in federal, state, county, city, and regional government, private corporations, and volunteer and non-profit sector are numerous and fragmented. Their goals and actions are often not coordinated; they do not always know each other or have the ability to communicate readily.

Panel moderator Peter Harkness opened the forum by observing that on homeland security issues the federal government and the press are worrying about the wrong things--federal programs and institutional structures. "The story is always the same," he said. "Nobody talks to each other--within states, across agencies, and up and down the federal food chain."

Paul Posner of GAO agreed: "How you organize the Department of Homeland Security is not the most important thing. The real challenges are how you mesh all these actors on a national issue, especially after the urgency goes away. How do you overcome these stovepipes?" He posed the question of whether there are any models of national partnerships to deal with issues of this scope and importance- not federal but national.

He noted that very little is federally owned or controlled. The federal government has tried mandates and preemptions but it does not have that much power to dictate what gets done. Through partnerships, the federal government can gain influence and work through thousands of other agencies and groups. He pointed to the challenges of maintaining accountability for state, local, and federal government, which can be obfuscated when responsibilities are shared; sustaining the attention and effort; sorting out needs and establishing priorities; providing funds to those in states and localities who can best use them without overcentralizing the fiscal burden. After 50 years of centralization of functions, he asked if the nation might be about to breach the boundaries between federal and non-federal functions again.

Conceptually, he said, there is strong case to be made for a Department of Homeland Security: it would be a great help to have all the border security people work together, and to have a single agency making federal grants. He noted that federal funds are available for some homeland security purposes, which could be funneled through states or directly to localities, but he underlined the importance of having mechanisms to discourage diversion of funds to other purposes.

Ray Scheppach of NGA began with the larger context for the homeland security issue: the borderless nature of the economy, which has driven a lot of changes for state and local governments, accelerated by the events on September 11. He warned of the continuing trend for Congress to federalize issues in the face of internationalization of the economy.

He agreed that coordination and cooperation are key and pointed out that there are already many compacts among agencies and governments. Though he did not think it likely that the federal government would follow his recommendation, he advised that to make progress on homeland security, the nation should build on those arrangements and roll them up from local to state to federal. As an example of the ability of states to develop effective solutions to complex national issues, he pointed to the agreement now being negotiated by 35 states to handle sales taxes across the country.

At the federal level, smaller agencies are much easier for state and local governments to work with. As an example he cited FEMA. Compared to the average rating of 40% for most federal agencies, 98% of states indicate they are comfortable working with FEMA. For him, the proposal for a 170,000-person Department of Homeland Security goes in exactly the opposite direction.

Representing the county perspective, Jeff Arnold made the point that homeland security begins with community security. He agreed that state and local coordination is absolutely critical, which is why NaCo drafted language in the legislation creating a Department of Homeland Security to establish an Office of Intergovernmental Coordination in the Office of the Secretary. In his view, working with a single agency rather than 40 agencies would help state and local governments: ì3,000 counties support the idea of the new department if can be done right, particularly if the FEMA model can be extended to all 170,000 employees. He recognized that there will be a lot of work to do in implementing the legislation, and that flexibility will be essential.

He agreed that the challenge of improving homeland security comes to money. Many localities have financial problems; money has to get to the localities, even if it goes through the states to counties, cities, or regions as in emergency planning. Since problems roll downhill to the localities, he emphasized the importance of a national strategy to protect all critical infrastructure. NaCo is recommending a planning model following the example of emergency preparedness with regional goals and benchmarks, and accountability for all parties, rather than the traditional focus on who gets the credit.

His greatest concern is Congress and the new layers of mandates it creates year after year that are not compatible with previous mandates.

Beth Kellar, Acting Executive Director of ICMA and chair of the Federal System Panel, agreed with the "bottom up" approach to homeland security, not the top down approach that TSA took with airport security. She presented several lessons learned from previous experience: it takes time for federal agencies including FEMA to develop good working relationships with state and local governments, and "cookie cutter" federal mandates without regard to the local circumstances are not as effective as approaches that tap state and local creativity. Her imperatives for homeland security included compatibility of technology, coordination of communications, continuity of government, and funding which can get to local agencies relatively quickly, without a lot of requirements.

Harkness and Kellar offered Y2K as an example of how fragmented agencies and sectors can work together by focusing on critical goals. The federal government provided leadership, educating state and local governments and private companies about the significance of the issue and creating a focus for action. Costis Toregas outlined the vital lessons from Y2K:
1 - The federal government avoided establishing powerful federal control but instead used a very smart networked management model.
2 - Since we didn't know exactly what would happen, local leaders were encouraged to educate themselves to be ready to respond to whatever occurred.
3 - Small is better--small, flexible individual nodes of action working with each other.

In the homeland security issue, he is working with ICMA, the federal Critical Infrastructure Assurance Office (CIAO), local and private sector interests to decentralize and devolve to actionable nodes below the federal level.

 

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