The 2010 congressional midterm elections resulted in one of the largest influxes of new members to wield legislative power in recent history. With this partially blank slate—particularly in the House, where the transformation was most significant—the responsibility to introduce emergency response issues to members of this new 112th congressional session looms large. When a new Congress begins, every two years, all previously introduced bills die and must be reintroduced for a chance of passage.
According to Bill Webb, executive director of the Congressional Fire Services Institute (CFSI), 257 of its 325 members were facing re-election. Thirty-two caucus members lost their contests, with some races still undecided at the time of this writing, and an additional 28 did not seek re-election. (The CFSI is a nonprofit, nonpartisan policy institute that provides educational support to the 325 members of the Congressional Fire Services Caucus. The Congressional Fire Services Caucus is composed of legislators in both houses of Congress who support legislation of importance to firefighters and other first responders.) The influx of new members is the largest Webb has seen in his 15 years at the organization.
But the news is not all bad, Webb says. The Caucus’ executive leadership retained their seats, and the current chairman, Congressman Peter King (R-N.Y.), ascended to chairman of the House Committee on Homeland Security with the new Republican majority in that body. The Caucus still has allies on both sides of the aisle who either retained their seats or whose terms were not up this year, Webb adds.
One obstacle to achieving passage of legislation supported by the emergency responder community during the lame duck session into late 2010 was partisan bickering and the difficult economic situation demanding Congress’ attention. These preoccupations will continue to dominate congressional debate well into the new year.
While Congress will not likely pass the proposed deep cuts to domestic and military programs recommended by the president’s Bipartisan Fiscal Commission in late 2010, there will be cuts. In light of these harsh economic realities, Webb says, no one should be feeling comfortable. “We can sit idly by and see what the members of Congress do and face the consequences, or go out there and engage and educate them on our issues,” he says.
Proposed Rulemaking on HEMS Regulations
Capping off a long and remarkably consensual discussion (October 2005, March 2008 and March 2009 Best Practices), the Federal Aviation Administration (FAA) issued the results of government and industry efforts to turn helicopter emergency medical services (HEMS) recommendations into regulations. Discussions to make HEMS safer took on greater urgency in recent years, motivated by a large number of crashes and fatalities during HEMS operations. According to the Government Accountability Office, 135 HEMS accidents resulted in 126 fatalities between 1992 and 2009.
The proposed rulemaking would require the following:
- That air ambulance operators provide helicopter terrain awareness and warning systems, equipment that prevents pilots from flying into hills and other obstacles they can’t see in poor conditions. The FAA seeks comments on requiring lightweight aircraft recording systems.
- That operators ensure that their operational requirements include visual flight rules (VFR) weather minimums, flight-planning and approach procedures, and instrument flight rules operations at airports and heliports without weather reporting. VFRs establish when pilots must use their instruments rather than relying on sight.
- That flight crew time limitations and rest requirements be implemented when medical personnel are on board.
- That pre-flight risk-analysis programs, safety briefings for medical personnel, instrument ratings for pilots in command and other standards be implemented.
The Notice of Proposed Rulemaking was published in the Oct. 12, 2010, Federal Register and is online at faa.gov/regulations_policies/rulemaking/recently_published/media/2120_AJ53_NPRM.pdf. The 90-day public comment period closes Jan. 10, 2011.
Report on Deadly Fire Calls for National Changes
Existing fire and safety codes should be adopted by local municipalities across the country to increase fire safety, according to the National Institute of Standards and Technology (NIST), which released its report in October 2010 on the June 18, 2007, Charleston, S.C., furniture store fire that took nine firefighters’ lives.
Researchers at the federal agency cited several factors that contributed to the fire’s rapid spread—fuel load, open space, lack of sprinklers and outside air drafts from broken windows—and made 11 recommendations for improving occupant and firefighter safety nationally. Among the most urgent calls was for the adoption and enforcement of existing model building and fire safety codes. Sprinklers, for example, would have prevented the fire’s rapid spread and eventually extinguished it completely, as demonstrated by a computer model that simulated the fire.
The report urges localities to adopt, enforce and maintain model fire and safety codes and recommendations, developed by such national organizations as the National Fire Protection Association and International Code Council. Among the specific recommendations:
- To require sprinkler systems for all new commercial retail furniture stores and existing stores with display areas larger than 2,000 square feet.
- To implement aggressive and effective fire inspection and enforcement programs.
- To ensure that fire and building inspectors are professionals qualified to national standards.
- To integrate into daily fire ground operations guidelines for how and when to ventilate during a fire.
In releasing the report, NIST study team leader Nelson Bryner, deputy division chief of the Fire Research Division, said that the study was limited to the researchers’ fire science expertise and not whether erroneous command decisions had been made.
The text of the report, “NIST Technical Study of the Sofa Super Store Fire,” is in two volumes at nist.gov/el/fire_research/upload/Sofa-Super-Store-Study-Report-VolumeI.pdf and nist.gov/el/fire_research/upload/Sofa-Super-Store-Study-Report-VolumeII.pdf.
Report Recommends Homeland Security Preparedness Efforts
Homeland Security policy-making since 9/11 and Katrina has been successful but ultimately lacks the ability to identify and meet preparedness goals in a prioritized, measurable way, a limitation that increases costs and restricts sustainability. So says a task force overseen by the Department of Homeland Security (DHS) and the Federal Emergency Management Agency.
Members of the Local, State, Tribal and Federal Preparedness Task Force made recommendations to Congress in October 2010 to improve homeland security in four areas—strategic investment, linking federal and local efforts, capability assessment and grant making—that collectively encompass specific methods for creating a sustainable, cooperative and effective preparedness system.
The report suggests that DHS increase public stakeholders’ influence on preparedness policy by turning its advisory bodies into a networked preparedness policy advisory system. In addition, all levels of government are asked to support the development and phased implementation of a national preparedness assessment framework, described in detail by the task force. The report also says that the government’s administration of preparedness grants should be improved to better coordinate with capability assessments by taking such steps as establishing a federal interagency working group.
The task force resulted from a congressional order contained in the October 2009 homeland security appropriations act. Its report, Perspective on Preparedness: Taking Stock Since 9/11, is at fema.gov/pdf/preparednesstaskforce/perspective_on_preparedness.pdf.
