A National Action Plan For Safety and Security in America's Cities

A National Action Plan for Safety and Security in America's Cities (December 2001)
Author(s): Thomas M. Menino and The United States Conference of Mayors

Source: The Urban Lawyer, Vol. 34, No. 3 (Summer 2002), pp. 615-637
Published by: American Bar Association
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615
A National Action Plan for Safety and

Security inAmerica's Cities
(December 2001)
with a new preface byMayor Thomas M. Menino
The United States Conference ofMayors1
Marc
H. Morial, Mayor
of New Orleans,
President
Thomas M. Menino,
of Boston,
Vice President
Mayor
James A. Garner, Mayor
of Hempstead,
Chair, Advisory
J. Thomas
Executive Director
Cochran,
Board
Preface
In the effort
to
secure
the nation's mayors are

you call 911, you are not connected to the
White House or the FBI. It is your local police, firefighters, and emer
gency and public health workers that respond first.
our "National Action Plan for Safety and Security in
Reviewing
America's
cities,
on the front lines. When
it is clear that we have made much progress over

Cities,"
the past year. Since September 11,mayors have significantly enhanced
local security measures
and improved emergency preparedness and re
America's
sponse capabilities. And we have worked together, at the national

to improve federal homeland security efforts, including?
Lobbying
successfully
for federalization
of airport
level,
security
screening;
to our request seeking federal assistance for homeland

Responding
security efforts in our nation's cities, the President proposed $3.5
seems likely to approve;
billion, which Congress
to
efforts
consolidate
federal homeland security efforts
Supporting
in a new Office of Homeland
Security, a proposal that seems likely

law very soon;
and coordination with the federal gov
Improving communications
on
ernment
homeland security issues; and
our
Voicing
opposition to threatened cuts in traditional anti-crime
to become
1. The officeholdersare listedas theyexisted inDecember 2001, themonth inwhich
this report was
first released.
The Urban
616
Lawyer
Vol.
34, No.
programs, including the highly effective COPS

forcement Block Grant Programs.
Summer
2002
and Local-Law
En
security must go hand-in-hand.

security and economic
to address the nation's
is why mayors have also urged Congress
affordable housing crisis and fund needed job training.
I am proud of the hard work and achievements of the nation's mayors
Homeland
That
over the past year on homeland security issues and I look forward to
successes in the year ahead.
Boston Mayor Thomas M. Menino
more
President, U.S.
August 2002
Conference
of Mayors
Background
an attack on America
then
11 the world witnessed
September
watched as theMayor of New York City stepped into themost critical
leadership role imaginable. Mayor Rudolph Giuliani reassured the peo
On
ple of his city, and cities across the nation, that everything that could
be done was being done to rescue victims, guard against additional loss
of life, attend to the injured, comfort victims' families, and restore a
the most
sense of order and security to a city that had experienced
devastating terrorist attack in our history. In theweeks since that attack,

the local resources that
mayors across the nation have been mobilizing
would
be needed
to protect their citizens in the event of further terrorist
activity. Under the leadership of the President of The U.S. Conference

of Mayors, New Orleans Mayor Marc Morial,
they have also been
state
and
federal resources
of
the
in
examinations
critical
local,
engaged
and the security infrastructure that exist to do this.

Through the years, mayors and public safety officials have consis
tently attached a high priority to preparing themselves, their personnel
and their citizens for the possibility of disasters; thiswas illustrated just
transition and the potential
two years ago as cities prepared for theY2K
problems
and save
domestic
it posed. All cities have plans in place tominimize damage

lives should a disaster strike. In recent years, the threat of
terrorism and, specifically, the threat of an attack involving
of mass destruction, has become a more serious concern for

as
the leaders of their communities, and for police, fire and
mayors
officials as first responders in emergencies
emergency medical
large
and small. This concern has translated into efforts by the Conference
weapons
to raise levels of preparedness,

including a project specifi
mass
to
of
destruction, creation of
weapons
cally addressing responses
of Mayors
A National
Plan
for Safety
and
617
Security
a mayors'
issues?
training institute, and discussions of preparedness
among mayors and with top federal officials?at National Conference
of Mayors meetings.
11 and the anthrax mailings

that
Now, in the wake of September
have since taken lives in several cities and disrupted the work of all
three branches of the federal government inWashington,
local prepa
of all types and on all scales have been given the
and
highest priority,
guarding against terrorist acts, in particular, is rec
as
a
emer
critical
need. Efforts to strengthen comprehensive
ognized
gency management
plans have redoubled and there have been major
rations for disasters
deployments of police and other local public safety resources. All of

this is occurring at significant additional cost to local treasuries and at
a time when tax revenues being generated by local economies are drop
ping?in
large part because
terrorist attack.
of problems
and anxiety created by the
they always have done in times of crises, mayors have assumed

leadership roles, both in their cities and throughout theirmet
ropolitan regions. Now, as the nation recovers from the tragedy of Sep
As
visible
tember 11, responding both diplomatically and militarily to the terrorist

network responsible for it,America's mayors stand ready on the do
mestic
front lines to assist in every way possible?the
"domestic
troops" in the war
often stated.
Mayors'
Within
on terrorism, as Conference
President Morial
has
Summit Recommendations
36 hours of the terrorist attack, Conference ofMayors President
issued a call for the federalization of all airport security
Marc Morial
screening services. The mayors' organization quickly formed bipartisan

task forces on airport security, coordination of federal and local law
enforcement, and water system security. It also conducted two national
webcasts on biological and chemical terrorism, and its executive com

overall
mittee held regular conference calls to guide the organization's
a
response that included
response?a
Mayors Emergency Safety and
in Washington.
October
23-25
This event
held
Summit
Security
brought together more than 200 mayors, police chiefs, firechiefs, emer
gency managers and public health officials from cities across the nation
forbriefingsby topfederalofficialsand forthe sharingof information
on "best practices" in safety and security.

This document, A National Action Plan for Safety and Security in
America's
Cities, is the product of this national summit and contains
the recommendations
of the summit participants
in four priority areas:
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34, No.
Summer
2002
en
transportation security, emergency preparedness, federal-local law
forcement, and economic security.
It is important to understand that while the fourth area, economic
security, is viewed as the ultimate goal for the nation, it is what cannot
be achieved
in the absence
is, securing our trans

response capability and
of the first three. That
our emergency
system, maximizing
our
law
enforcement
response to threats and incidents at
coordinating
all levels are viewed as prerequisites to eliminating the anxiety that has
portation
accelerated
the nation's
downturn,
and
to achieving
eco
security for the nation.
nomic
Transportation
Security
fact that the U.S.
The
economic
our own commercial
attacked by terrorists who were

aircraft as enormously lethal weapons
was
able to use
forced the
federal government to take quick, decisive action?to

ground all but
an
until
and
all
U.S.
close
aircraft
airports
acceptable level of
military
use of our aircraft as
assured.
The
could
be
travelers
for
air
security
focused the nation's attention initially on threats to security

weapons
in the air, but government leaders at all levels understand that in dealing
with terrorism, the nation cannot focus on what has happened at the
expense
for what could happen.

security in theU.S. must be maintained
of planning
in the air and

Transportation
are
owners
on the rails, highways and waterways. Mayors
and/or op
erators of many of themajor transportation facilities and systems in the
nation or they participate in their governance, and it is on the basis of
this experience
that recommendations
in this area are made.
Airport Security
involving themayors of the na
on airport security were
recommendations
tion's 29 hub airport cities,
drafted by members of theConference ofMayors Task Force on Airport
as
Security, chaired by Los Angeles Mayor James Hahn, and adopted
executive committee prior to the
official policy by the Conference's
Based
on a series of tele-conferences
summit. They are the following:
PROVIDE A FULLY FEDERALIZED FORCE AT POINTS OF

PASSENGER, BAGGAGE AND CARGO INSPECTIONS
special entity should supervise federal personnel and implement
se
personnel rules that reflect the need for the highest levels of
curity and performance.
It should
set uniform security standards
A National
Plan
for Safety
and
619
Security
the financing
for all airports and manage
security screening and related functions.
of federalized
airport
The
governing board of this entity should consist of key federal

agencies, airline representatives, security experts and mayors with
direct supervision and control over airports. For most of the na
tion's airports, mayors
have ownership
and/or direct management
responsibilities.
Initial funding should be provided from general revenues, phasing
costs of the
into a user-funded trust fund to finance annualized
federalized system.
There must be funding assurances (i.e., budget firewalls) and fund
ing commitments sufficient to fully staff these functions in order
tominimize
and facilitate through-put?as

contrasted with
other federally-directed functions such as the INS and Customs
delays
inadequate funding for personnel and other accounts

to system congestion and inefficiencies.
Service where
have added
PROVIDE AIRPORTS WITH IMMEDIATE FUNDING TO PAY

FOR INCREASED SECURITY
Airports should receive federal reimbursement for the additional
costs of security measures mandated
by the FAA on September
12 to cover costs already accrued as well as costs of ongoing
compliance.
PROVIDE FEDERAL ASSISTANCE AND GUARANTEES
ENSURE AIRPORT FINANCIAL STABILITY
TO
should be granted temporary flexibility in the use of Pas

(PFCs) and the FAA's Airport Improve
senger Facility Charges
ment Program (AIP) funds. In addition to providing airports with
more flexibility in the temporary use of PFC and AIP funds for
Airports
currently prohibited use?this

security costs?a
change
should allow the temporary use of these fund sources to keep cur
additional
rent on outstanding debt obligations, where this need exists. This

change, however, should not be a substitute for additional federal
funds. In the long run, it is vital thatPFC and AIP funds be reserved
for needed
airport capital improvements.

must continue paying landing fees and airport rents?
the financial integ
funding sources that are crucial tomaintaining
More
than
of
the
nation's
million
of cumulative
$70
airports.
rity
Airlines
outstanding debt as well as billions more in planned new issues to

finance airport expansion plans have been affected by the current
instability of the nation's airlines and airports.
620
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Vol.
34, No.
Summer
2002
in airport bonds must be reinforced, particularly in

light of disturbing actions such as the recent decision by Standard
to place all of its North American
& Poor's
airports on its
Confidence
CreditWatch.
be FAA flexibility regarding new controls affecting
facilities
such as parking structures and non-ticketed pas
airport
because of the financial and other
senger access to terminals?this
There must
effects of the uniform application of new federal security standards

on airport revenues and operations.
and improve
The continuation of needed airport modernization
advance
ment efforts?including
airport security technological
ments
and provision of safer and more secure air terminals, run

be ensured. This is critical to
and parking facilities?should
ways
airline and passenger safety and security, as well as tomeeting the
nation's air transportation infrastructure/capacity requirements.
PROVIDE AIRLINE WORKFORCE PROTECTION AND
RELIEF FOR AFFECTED BUSINESSES
Airline workers
directly affected by declining

unem
targeted benefits?including
and other workers
air travel should be extended
ployment benefits, supplemental loans and other income support

in airline
well as specialized
assistance?as
training. Persons
should be given the opportunity to serve as
related occupations
workers
in a federalized
Affected
businesses,
system of airport security screening.

should be
particularly on-airport businesses,
federal
loan
assistance
relief
including
targeted
extended
special
and payment assistance to keep current on airport rents, lease pay
ments and other fixed monthly costs, and special tax relief to pro
vide support through this period of reduced air travel.
SUPPORT AIRSIDE
IMPROVEMENTS
program should be expanded and we should move

toward a system inwhich program costs, along with the costs of a
federalized screening system, are funded by a dedicated federal
user fee, excise tax or other revenue source.
The air marshal
Interim funding is needed to retrofit cockpit doors and make other

now in service.
improvements required to fortify aircraft
access
to
airside
and
other
aircraft
for
operations in secure
Security
areas of airports should be strengthened. This
issue of critical importance.
is regarded
as an
A National
Plan
for Safety
and
621
Security
IMPOSE AIRSPACE RESTRICTIONS AND HEIGHTENED

SECURITY ON ALL GENERAL AVIATION AND CHARTER
FLIGHTS THROUGHOUT THE U.S.
Security procedures and requirements for general aviation?both
fixed wing aircraft and helicopters?should
be as stringent as they
are for commercial aviation. Airspace
restrictions should be tight
ened in and around commercial business districts, sports arenas
and other populated areas.
RESUME FULL OPERATIONS AT RONALD REAGAN
WASHINGTON NATIONAL AIRPORT
Full operations at National Airport should be restored as soon as
in light of the impact that current limitations are having
possible
on the airline industry overall and on the economies of East Coast
markets in general and the Capitol

LUGGAGE SCREENING
Further Task
Force
discussions
region in particular.
the summit resulted
during
in a rec
that the federal government immediately mandate

the
of
all
checked
that
believe
federal
screening
luggage. Mayors
govern
ment work with manufacturers of effective screening machines
in order
ommendation
to license and expedite the production

sidered an urgent national priority.
of new machines
must be con
Screening of 100 percent of checked luggage requires:

full utilization of all existing screening machines;
installation of all operable CTX machines
that the FAA
warehousing;
funding for airport facility expansion
detection machines.
to accommodate
has been
additional
funding for new machines;

hand inspection of all luggage not machine
screened until a suffi
is available;
cient number of screening machines
for
additional
to accom
funding
airport building modifications
modate
hand inspections;
temporary adjustments to airline scheduling
caused by baggage screening; and
the matching
immediately mandating
boarded passengers.
AVIATION SECURITY LEGISLATION
of
to reduce congestion
loaded
baggage
with
One month
following the summit, Congress enacted, and the President

aviation
signed,
security legislation containing several of the provisions
the
mayors. One of the key provisions, and one of the top
sought by
is the requirement that airport
priorities of the Conference of Mayors,
The Urban
622
Lawyer
Vol.
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Summer
2002
security screening be federalized within one year. The Conference of

to
Mayors will work closely with theAdministration and the Congress
in the bill, particularly those relating to pas
ensure that all deadlines
senger and baggage screening, are met.
Transit Security
trips logged on the nation's public transit
systems each year, securing these systems and protecting riders from
as a high priority. Public transit in
potential terrorist activities ranks
cludes buses and vans, trains and light rail and ferry boats. Several
actions can be taken to help secure these systems without compromising
With more
than nine billion
their ability tomeet

Federal resources
the growing demand

are needed for:
for public
transit services.
personnel on train platforms, on rolling stock, and in

and around transit facilities; needs include new personnel, payment
for overtime hours, and reassignment of law enforcement officers;
additional
technologies
deployment of new security and communications
such as video surveillance and locator systems to enhance safety
and transit system performance;

infrastructure improvements including secure transit control fa
cilities, fencing and barriers, and other means of protection for
transit assets and users; and
and rehabilitation of transit infrastruc
expansion, modernization
and
facilities
ture?both
strengthen transit ca
rolling stock?to
event of future ter
pacities that become critically important in the
rorist incidents or other catastrophic
Federal
resources
events.
to these needs through existing

thus ensuring that
Transit Administration,
55 percent
consistent with current law?i.e.,
should be directed
of the Federal
programs
funds are distributed
through formula grants, 45 percent through discretionary grants?to

ensure balanced investment in all transit needs. And these needs should
be incorporated into the FTA program as eligible expenditures so that
any additional FY 2002 funds provided as part of a stimulus package
or through other legislation could be applied to them.
Highway
Security
highway networks contain more than four million miles

of roads and streets and thousands of bridges and other facilities. En
one of the nation's
suring that these assets are secure is now seen as
The nation's
greatest challenges.
Investment in Intelligent Transportation
Systems
(ITS)
should be
A National
Plan
for Safety
and
Security
623
increased immediately. This would aid in the deployment of both

proven and new technology to increase the security of the surface
networks. It would improve the information provided to travelers
in order to smooth traffic flows and speed evacuations during pe
riods of threats to, or disruptions of, these networks. ITS can be
deployed immediately and is extremely flexible, as the basic sys
tems can serve multiple modes.

future highway investment policy, focusing on system
Regarding
preservation and system performance is considered to be one of
themost
Rail
effective ways
to address future security threats.
Security
PASSENGER RAIL
the September 11 attack, Amtrak, the nation's inter-city pas
Following
rail
senger
corporation, took immediate steps to secure its train opera
tions and infrastructure in order to provide for the safe passage of riders.
Since
that initial action, Amtrak has reviewed every aspect of its safety
and security procedures and has determined that several specific up
grades need to be made immediately.
An Amtrak security and safety plan proposes a series of specific
actions to harden potential terrorist targets, and theConference ofMay
ors supports an emergency rail investment package to cover Amtrak's
security, safety and capacity needs. Key components of the plan are:
secure infrastructure (lighting, fencing, alarms and
Security?to
access
control for tunnels, bridges, interlockings, track, yards and

facilities) and equipment (satellite communications on trains, head
en route train security and bomb detectors).
end surveillance,
Funds would be used to hire patrol officers, security officers, spe
personnel and bomb-trained canine teams. Aviation units

to provide air support and protection for
would be established
trains and Amtrak locations.
cialized
Life Safety?to complete the entire life safety program inNew York
and Washington,
City and to rehabilitate existing Baltimore
D.C.
tunnels.
enhance reliability and capacity for

Infrastructure Capacity?to
bridges, track, interlockings, facilities and power; build New
York's Pennsylvania
Station access and egress; provide capacity
and congestion relief for long distance service; and provide corri
dor relief for long distance and corridor service through Chicago.
fleet wreck repair (bringing locomotives
Equipment Capacity?for
and passenger
cars out of wreck
storage into service), fleet capacity
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Vol.
34, No.
Summer
2002
(upgrading locomotives and passenger cars scheduled

expansion
for retirement, and re-manufacture and overhaul of locomotives,
passenger cars and baggage cars), and fleet acquisition to accom
modate
the increased
since September
and sustained
demand
for Amtrak
service
11.
FREIGHT RAIL
recommend that federal law governing freight rail operations
Mayors
be revised tomeet increased security needs.
new notification
Freight railroads should be required to develop
procedures and to provide better information to the local jurisdic

tions through which they will be transporting chemicals and other
hazardous materials.
Improved notification and information should extend to the storage
of freight on sidings and to other practices that could pose risks to
and major local assets and venues.
immediate neighborhoods
In the interim, freight railroads are strongly urged to continue to
local officials on ways to improve communication con
cargo or other activity that could
cerning potentially hazardous
result in security risks for communities.
meet with
Port Security
Last year U.S. seaports handled over $737 billion in primarily contain
erized cargo. The nation's 20 largest ports handle over 95 percent of
U.S.
international trade. America's
seaports are critical to the move
ment of commerce
throughout the nation and the world and also play

an important role in themovement of American military forces.
Several security and anti-terrorism actions were initiated immedi
across the country. These
ately after the September 11 attack by ports
included: the activation of port security task forces, in conjunction with
the Coast Guard, to coordinate national, state and local vessel security
and disaster response functions; the halting and boarding of every ves
sel entering a U.S. port by the Coast Guard; the assurance thatNational
Port Readiness
cargo to meet
ports will through-put defense-related
emerging deployment demands; and the upgrading of vessel and local
law enforcement assets and the shifting of these to port and marina
control.
11 attack produced a heightened awareness of the

September
of
America's
seaports and of the importance of guarding
vulnerability
are greatly concerned
that
them against potential sabotage. Mayors
The
of the cargo delivered to U.S. cities each day by truck,

train and air enters the country initially aboard container ships, a very
while much
A National
Plan
for Safety
and
625
Security
small percentage of this cargo (some say as little as two percent) is

an inade
inspected at its port of entry. In the face of terrorist threats,
all
of
cities
America's
in
the
nation's
ports puts
quate inspection system
in harm's way.
recommend
Mayors
that:
Protecting our international seaport borders should be the respon

sibility of a partnership of federal, state and local governments,
seaports, and private industry. Federal funds should be provided
for this, along with the flexibility to use them tomeet the unique
local needs of each port.
infrastructure improvement needs of National
The
ports now take on added

be addressed.
national
Port Readiness
security importance
and must
be helped to significantly upgrade personnel identifi

cation cards and personnel background investigation capability.
of their expertise in this area, federal agencies must take
Because
Ports must
in assessing ports' vulnerability to terrorism and work

closely with local governments in the process.
communication
among ports, local seaport security
Enhancing
the lead
labor and agencies such as the Federal Bureau of In

vestigation and the U.S. Customs Service would allow the local
committees to better focus their efforts within the port area and so
improve security. Though a port has little control over criminal
committees,
conspiracies or drug interdiction, the local port committee should

work closely with the federal agencies that have jurisdiction over
such criminal activity.

In order tomore closely monitor cargo flowing in and out of the
country, increase local scrutiny of port traffic, and conduct more
inspections without slowing themovement of commerce, theU.S.
Service, theCoast Guard, and local law enforcement must

be given additional resources?vessels,
equipment and personnel.
A federal grant program should be created to enable ports to utilize
Customs
technologies and install security enhancements. Under this

program, new technologies would be implemented on a case-by
case basis where their need and utility could be demonstrated.
new
Emergency Preparedness
Of theapproximately$10 billion federalterrorism

by
budget identified
and Budget, only 4.9 percent is allocated to
state and local first response activities. And, of this limited amount,
the Office ofManagement
The Urban Lawyer
626
Vol. 34,No. 3
most goes to the states rather than directly toAmerica's

population centers.
Summer 2002
cities and major
a funding scheme is inconsistent with the central leadership

roles mayors are called upon to play when a disaster or terrorist incident
the public that all that can be done is being done;
occurs?reassuring
the
public with accurate and timely information; providing
providing
Such
the public safety and emergency per

the victims of an incident, sometimes
safety; and bringing together all available
support to the first responders,

sonnel responsible for assisting
at great risk to their own

state and local, public and private?to
resources?federal,
provide the
needed response. For mayors in largermetropolitan areas, these central
leadership functions often must
serve an entire region.
OfficeofHomeland Security
long been concerned by the multiplicity of federal
for a
agencies which have responsibility for helping cities prepare
of mass destruction event, and for the incident
possible weapons
Mayors
have
and the incident consequences

stages of an attack. Mayors want to
in designing
assist Governor Tom Ridge and the Administration
assure
to
that
it
is given the
the new Office of Homeland
Security,
significant authority itwill need to coordinate and strengthen fed

know that major
efforts. Mayors
eral emergency preparedness
changes will be necessary to achieve the coordination and coop
to succeed in the fight against terrorism.
Office of Homeland
Security should be author
ized by Congress and the Director should be given budgetary au
to the do
thority over all federal personnel and programs related
eration necessary
The cabinet-level
protection of our homeland.

The Office of Homeland
Security must be structured to work di
in
with
mayors
support of their leadership roles and respon
rectly
mestic
sibilities in both their cities and their regions.

A permanent commission consisting of mayors, police chiefs, fire
chiefs, local emergency managers, and local public health officials
shouldbe established immediatelyby theDirector of Homeland
is needed to advise on the restructuring

Security. This commission
of the federal-local partnership with the goal of strengthening do
mestic safety and security. It is essential that at this time of national
crisis, direct lines of communication and assistance be established
among theOffice of Homeland
Security, federal agencies and local
governments.
A National
Plan
Reimbursement
for Safety
for Heightened
and
Security
627
Security
security and as first re

cities have been
sponders to terrorist attacks and threats,America's
ensure
costs.
To
that
incurring extraordinary
heightened security
can be maintained,
a new flexible local homeland security block
As
the front line defenders
of homeland
grant should be established. Block grant funds could be used for

additional training for police and fire personnel, communications
and rescue equipment, and security measures
to protect airports,
transit
and
other
waterways, utilities, public
public infrastructure.
Metropolitan
Emergency Management
Flexible
funding should be provided to increase the ability of local

governments to strategically plan for and respond to emergencies.
Funds
could be used for full-time disaster coordination; training of

construction and retrofittingof local command and
first responders;
control centers and mobile
command
vehicles; and tomeet disaster

needs. The number of local Urban Search and Rescue
equipment
Teams should be increased and all teams should be fully equipped.
The federal government should accelerate the development of re
to emergency and disaster management.

In ad
gional approaches
a
to
dition
financial assistance,
"best practices" program should be
inmetropolitan
provided to build on new ideas and developments
coordination.
simulation exercises should be held in

Emergency
the
cities
major
country. Federal, state and local agen
throughout
cies should participate in simulated biological and chemical attack
exercises.
In the event of a catastrophic disaster, most communities will run

short of critical emergency response resources (e.g., life-saving
equipment, personal protection equipment, respirators, etc.) in six
hours, and federal help won't arrive for 12 hours. Pre-positioned

equipment pods should be strategically located throughout theU.S.
to resupply local responders. The limited funding now available to
theDepartment
FEMA's
of Justice for equipment pods should be increased.

fire grant program to local governments should be ex
to cover responses to catastrophic disasters.

resources available
to cities in the event of catastrophic
disasters should be coordinated and streamlined. Mayors and other
panded
Federal
local officials should have clear guidelines for the use of resources
provided by both federal and state governments when disasters
occur.Guidelines should be consistentlyapplied by both FEMA

and state emergency management
departments.
The Urban Lawyer
628
Vol. 34,No. 3
Summer 2002
an incident occurs, there should be a single federal point of

contact. In addition, local officials need to know which federal
When
agency is in charge or has lead responsibility. Finally, itmust be

clear how any deployed National Guard troops relate to local au
thorities.
Guard Civil Support Teams have access to second gen
to
eration biological
detection equipment currently not available
civilian responders. This results in delays in the identification of
National
biological agents until National Guard teams respond. This detec

tion technology should be available to first responders.
The EPA Superfund legislative requirement that all details of local
emergency
preparedness
plans,
including
amounts of hazardous
substances, be made
should be amended.
the
locations
and
(SARA
III)
public
preparedness efforts require an empowered community

and the involvement of community representatives in the devel
opment of emergency response plans. The public should be edu
Effective
lifesaving techniques so that bystanders can provide

to those injured until help arrives.
cated in basic
assistance
Communications/Tzchnology
system inter-operability to ensure
clear communication
among city departments and federal, re
state
and
other
local entities responding to disasters. There
gional,
There must be communication
must be vehicles
for communication with the public to alert them

to potential threats and provide them timely information on the
status and effectiveness of response efforts. Alternative commu
in the event of power
should be available
nication mechanisms
outages
or other events
that disable
the primary communication
mechanisms.
The compatibility, security and reliability of federal, state, regional

and local emergency telecommunications
systems must be assured,
this
and accomplishing
requires redundancy in the systems avail
im
telephone system must be capable of disseminating
or
to
information
affected
affected
portant
potentially
populations.
A satellite communication
system should be available when other
able. The
systems are non-functional.

systems inmany cities would be quickly overwhelmed
in the event of a weapons
of mass destruction incident, existing
communications
Since 911
systems need to be upgraded and 311 systems, or equivalent

systems that can handle a large volume of incoming calls from the
911
A National
Plan
for Safety
and
629
Security
public and provide up-to-date information or instructions, should

be put in place. Additional personnel will be required for 311 sys
tems to operate effectively; without sufficient personnel to take 311
calls, emergency callers will quickly revert to 911.

The sale of 800 mgHerz
radio bands to the private sector should
be prohibited. There should be federal support for the development
of needed
equipment and infrastructure for 800 mgHerz commu

systems that would allow communication
among EMS,
fire and police as well as railroads, public works or other entities
nications
thatmay be involved
in an incident.
Protective Equipment/Training?Direct
Local
Assistance
of all sizes have consistently raised concerns about the lack of
availability of equipment such as protective suits, gas masks and de
tection devices, of protective drugs for first responders, and of training
Cities
resources. Thousands
ceived
of mid-sized
no direct assistance
and smaller communities
have
re
in this area. For
larger cities that have re

ceived some federal assistance, significant needs remain.
Under current law, funding for first responder equipment is pro
vided to the states for distribution to local governments. Mayors
strongly believe that, in this time of national crisis, resources for

equipment should be made available directly to local governments.
also believe that the federal government should greatly
Mayors
increase resources for development of a training curriculum spe
of mass
cifically for them as the "first responders" to a weapons
destruction terrorist attack. A weapons
of mass destruction core
curriculum
should be developed
for municipalities,
counties and
includes awareness, operations, technical issues and
Public and environmental health personnel
incident management.
states which
should be included as first responders and trained as such.

Good, up-to-date emergency response training programs (such as
those provided by the Department of Justice's Office of State and
from the federal government, but

Support) are available
funding for these programs needs to be increased so that they can
reach many more local first responders.
Local
Public Health System

It is generally acknowledged
that the nation has failed to invest ade
in
the
local
health
infrastructure, with the result that local
quately
public
The Urban
630
Lawyer
Vol.
34, No.
Summer
2002
public health agencies often lack tools as basic as computers and In

ternet connections. Now, in the wake of major terrorist incidents and
in the face of additional
needs appear enormous.
terrorist threats, public
health
infrastructure
COORDINATION
are needed to conduct active syndromic surveillance for
disease, to do immediate on-the-scene epidemiological
investiga
tion, to develop and test local bio-terrorism preparedness plans, to
an
to develop
immunizations or prophylaxis,
administer mass
Resources
"surge capacity" in the event of an incident, and tomaintain

around-the-clock vigilance and readiness.
are needed for a network which would improve a local
Resources
of mass destruction
health department's
response to a weapons
area's
emergency by enabling it to coordinate

tial local, state and federal agencies.
Resources
are needed
non-ambulatory
tamination.
formass
services with other essen
decontamination
of ambulatory and
fatality decon
patients and for training in mass
Current quarantine regulations which usually apply to individuals,

not groups, should be examined. Because
itmay become necessary
to isolate very large numbers of people in order to prevent the
spread of infectious disease,
legislation to permit local govern
ments to impose large scale quarantines should be in force in every
state.
poison information system, with its regional poison

centers that provide full-time year-round emergency telephone ad
vice and direction, provides an infrastructure on which to build a
national system to respond to public inquiries concerning health
The national
threats.
COMMUNICATIONS
and secure electronic
communication
and data analysis
ensure
are
to
commu
needed
coordination,
systems
appropriate
of
the
and
health
disaster
nication,
pre
implementation
public
paredness plans which are needed to rapidly mobilize public health
Adequate
workers, emergency responders, and private health care providers.

are needed to strengthen local public health system com
Resources
munication with the general public. Clear communication
is nec
essary to provide important information, allay fears, and alter be
havior so as to reduce risk.
A National
Plan
for Safety
and
631
Security
TRAINING
The
federal government should assist in training to increase local

public and private capacity for detection and treatment of biologi
cal and chemical
providers
agents. Training should be provided to health care

and appropriate staffs of hospitals and city agencies, en
abling them to quickly detect a possible incident,identifythe
symptoms produced by a biological or chemical agent, and know

what steps to take tomitigate adverse public health consequences.
Such trainingmust be tailored to local conditions and matched with
follow-up technical assistance.

There should be one regional training center in each federal region
the training capacity of existing emer
charged with expanding
gency medical
training centers.
PERSONNEL
health personnel are needed to assess the health
to biological
and chemical agents and to minimize
threats of illness or death in the event of a terrorist incident.
Environmental
risks related
trained in infection control

Emergency medical
personnel
needed in local communities to respond to increased demand
services and consultation.
are
for
FACILITIES
it is difficult to get hospitals involved in programs without
cover their costs, federal grants to do this (from agencies
to
funding
as
such
and the Department of Justice) should be
FEMA, HHS
to both public and private hospitals in the health care
available
Because
community. With overcrowded

hospitals
increasingly having
turn away patients, the need exists to expand hospital capacity
to
in
general.
is no federally- or state-designated "point hospital" for di

saster coordination in regions or localities. While federal and state
public health agencies will have ultimate control in a disaster, a
There
lead emergency medical center should be designated

hospital services in a disaster.
Community
health centers should be viewed
to coordinate
as an important part
of the local public healthdelivery systemand shouldbe included
in local planning efforts and in the distribution of resources in

tended to strengthen the public health infrastructure.
Military health units should be available when needed to assist
local public health agencies
ical threats and incidents.
in responding
to biological
and chem
The Urban
632
Lawyer
Vol.
34, No.
Summer
2002
EQUIPMENT/SUPPLIES
It is critically important that there be adequate national and regional
stockpiles of vaccines and therapeutics located close enough to
centers to permit a quick response to a weapons
of
metropolitan
mass
destruction attack and to protect firstresponse personnel.

Pharmaceuticals
necessary for immediate relief of possible effects
or
of chemical
biological exposure should be provided to first re
sponders and their families.
A rapid response testing network must be deployed

accurate determinations for biological and chemical
so that highly
agents can be
to
quickly and without the need to transport specimens
test
laboratories. Affordable, local or "on-scene"
centralized CDC
kits for Anthrax are needed to produce quicker results and allay
made
fears.
For Metro Medical

is needed
Response
System cities, sustainment funding
to replace outdated equipment and provide refresher
training.
Stadium/Arena
Security
To protect all involved in stadium events, the FAA should continue

to restrict the flight of private aircraft over or near stadiums, arenas
and other large public venues on the days events are held.
The Department of Defense

should extend financial and personnel
assistance tomajor domestic sporting or entertainment events, as
it does for the Olympics, Goodwill Games and other international
events.
Water and Wastewater
Security
the leadership of theUrban Water Council, a task force of may

ors has been considering the new and expanded efforts that are required
treatment facilities. It is
to enhance security at water and wastewater
Under
clear that emergency preparedness and emergency action plans must be

reevaluated, as they can no longer be limited to natural disasters or to
catastrophic equipment failure, extended power outages, fires or chem
ical spills. Plans now must include terrorist and sabotage threats of
physical destruction, biological

and cyber attacks.
contamination,
chemical
contamination
Professional organizations and government officials have requested

federal funding to conduct system assessments and participate in se
curity planning efforts that give utilities the tools they need to improve
their security systems and emergency action plans. The intended result
includes revised regulations and procedures, new technologies, equip
A National
Plan
for Safety
and
633
Security
ment, supplies, and training for terrorism defense. Protecting the na

tion's water systems from acts of terrorism requires that the federal
government:
immediately establish a national research and development pro
gram for advanced monitoring, detection, and screening technol
ogies and systems;
provide
and
funding for immediate water
system security assessments;
assist local governments in preparedness/contingency

planning and
ensure
to
event
in
of an attack.
the
training
appropriate responses
Federal-Local
Law Enforcement
There are nearly 650,000 police officers in the nation's cities who stand
ready to work with federal agencies tomake the nation safer and more
secure. The Federal Bureau
of Investigation has 11,500 agents?far

less
to address the security problems the nation
11, a task force of
currently faces. In meetings held since September
a
new
and
chiefs
has
called for
mayors
police
protocol governing how
local law enforcement agencies can assist federal agencies, particularly
than the number needed
given the information needed to do so. A close working part

of
local and federal law enforcement agencies, which includes
nership
the sharing of intelligence, will expand and strengthen the nation's
overall ability to prevent and respond to domestic terrorism.
the FBI,
Communication
and Coordination
There must be closer cooperation between local and federal public

safety entities. Mayors
throughout the nation must be "in the loop"
throughout the planning, preparation and execution of public
initiatives related to anti-terrorism.
safety
Mayors of the largest cities in each major metropolitan area should

be included in the federal district law enforcement task forces con
vened by the U.S. Attorneys at the direction of theAttorney Gen
eral. Those mayors could then convene all appropriate represen
tatives of cities in theirmetropolitan areas and serve as the link to
the existing coordinated
federal response within
the district.
The USA PATRIOT Act of 2001 provides forgreater sharingof

intelligence among federal agencies.
clude the same kind of intelligence
local
law enforcement
legislation.
We must seed a new
agencies,
It should be amended
to in
sharing between federal and

as is contained in proposed new
system of communication
between
federal
The Urban
634
Lawyer
Vol.
34, No.
Summer
2002
and local public safety officials to create a "24/7" threat assessment

capability with appropriate sharing of intelligence on a need-to
know basis.
and police chiefs should be allowed to hold the security
Mayors
clearances needed to receive intelligence from the federal level.
Existing restrictions on local law enforcement access toNCIC data
records checks must be modified. The NCIC

system
should be updated with as much information as possible, including
photographs, visa information, driver's license information and last
known addresses.
for criminal
Federal
INS
and local intelligence databases should be merged.

of persons
information and photographs
warrant
by federal authorities should be provided
sought
to local law enforcement
agencies.
The Communications
Assistance
to Law Enforcement Act
should
be fully implemented. At the very least, local telephone companies

should be required to adhere to it.
650,000 local police officers should assist the FBI in

down
and following up on at least a portion of the tips
tracking
received, particularly since some of the tips received by the FBI
are more appropriately handled by the local police.
The nation's
Funding for existing federal law enforcement assistance programs

must be increased and made more flexible so that local police de
partments can use the funds to purchase communications and other
equipment needed to prevent and respond to terrorism; pay over
time to officers who are providing increased security for public
events, airports, train stations, utilities, infrastructure and other key
sites; and hire additional
officers where necessary.
Border City Security

Literally on the nation's front lines, border cities play critical roles in
our national economy?roles
which must not be diminished by efforts
to protect the nation against terrorism. Border cities are key to inter
national
trade and commerce
duce. Canada
is the nation's
as the ports-of-entry for goods and pro

comes next,
top trading partner, Mexico
and 90 percent of crossborder trade occurs by road freight. Border cities

are also where many people enter and leave the country, including
workers who cross the border on a daily basis traveling to and from
their jobs. Crossing
the borders are citizens, legal residents, legal mi
grant workers and legal tourists on visas, along with those who violate
our immigration laws and visa regulations.
A National
Plan
for Safety
and
635
Security
Protecting the nation's borders and at the same time preserving

critical role in the nation's economy requires:
their
funding to triple the number of U.S. Customs agents, INS agents

and Border Patrol officers;
federal reimbursement for the costs of providing additional security
at border bridges, tunnels and railroad crossings, commensurate

with the volume of cross-border traffic at individual points;
immediate development
and implementation of a comprehensive
border surveillance system, including the use of the best
available technological means to effectively and efficiently monitor
national
breaches
in border
and other areas

not exist;
to increase
security, particularly in less populated areas

in which such surveillance systems currently do
safety and security in tunnels and on bridges which

cross borders, implementation of "reverse customs
inspections;"
following this practice, inspections are conducted before rather
than after a vehicle uses a tunnel or bridge to cross a border;

implementation of programs to expedite the entry of low-risk, pre
approved cross-border travelers, such as those commuting to jobs
(e.g.,PORTPASS and CANPASS);
accelerated
development of technology to expedite the flow of rou

tine cross-border shipments of low-risk cargo by manufacturers,
such as the automotive industry in the Detroit area;
"harmonization"
of immigration, trade and security policies in an
effort to keep immigrants with links to terrorism from entering the
country while at the same time allowing low-risk cargo to flow
across borders;
fingerprinting and periodic monitoring of legal guest workers and
non-citizen legal residents and other legal immigrants in a manner
that will not hamper the legal immigration of workers important
unimpeded
tomany U.S.
industries and local economies;
additional funding for the INS to permit closer monitoring of visas
and temporary passports and to permit entry of visa and passport
information into the ICIC network;
reporting requirements for legal immigrants, to ensure full

compliance with the law;
periodic
deportation of violators of visa requirements

to their countries of origin;
and immigration law
reform of visa-granting practices and procedures

to ensure that,
while suspected terrorists cannot slip through, there can be contin
The Urban
636
Lawyer
ued
Vol.
immigration by individuals
statutory cases;
full funding for all cross-border
intelligence-sharing activities;
full cooperation with Canadian
34, No.
Summer
2002
and families with deserving
and
anti-terror and drug enforcement
and
and Mexican
intelligence agencies, and the development

to potential and pending threats.
Economic
law enforcement and

of integrated responses
Security
the past several weeks we have grappled as never before with

terrorism on our soil and have come to understand that the terrorists'
Over
goals include the creation of fear: fear of travel, fear of illness and
fear of living a normal life in
death, fear of violence?essentially,
America. Their ultimate goal appears to be the undermining of the
stability of our nation.
stated in the introduction to the mayors'
tions, meeting the nation's basic, essential needs
curity, emergency preparedness and coordinated
be viewed as prerequisites to achieving the goal
economic
As
security. This means
summit recommenda
for transportation se
law enforcement must
of national
economic
that the costs associated with the recommendations
in these three areas could, and perhaps should, be

part of the ultimate cost of that economic security?but only
that have been made

considered
a
part.
Another prerequisite to economic security for the nation as a whole

is help for the people who have been hurt by the economic fallout of
the terrorist attack, those whose jobs have been lost in the economic
downturn that accelerated following the attack. There is an immediate
of various kinds, coupled with a pro
of
investment
that will modernize
the nation's
gram
strategic public
infrastructure in order to improve both our competitiveness
and
our security.
need for direct worker assistance
Worker Assistance
insurance should be expanded to provide benefits
Unemployment
to those directly and indirectly affected by disaster-related job loss
and unemployment benefits should be extended from 26 to 78
weeks
for all workers. Eligibility requirements should be modified

to provide equal benefits to those who lost their jobs as a result of
the economic downturn but who are ineligible for regular benefits,
such as temporary and part-time workers and former Temporary
A National
Plan
for Safety
and
637
Security
to Needy
Family (TANF) recipients. This would also

to be hired for community service jobs.
Funding of job training programs for dislocated workers, adults
and youth under theWorkforce
Investment Act (WIA) should be
if they are
sufficient to enable those who are laid off, especially
Assistance
allow workers
low-skilled workers,
education.
to get upgrade
training, basic
skills training
and ESL
Free or low-cost health
insurance should be provided to low in

11 attack. Federal sub
affected by the September
sidies for COBRA
for individuals who are unemployed due to the
economic downturn should be provided.
come
The
families
rescission
in the FY
should be restored.
It should
2001
dislocated
workers
appropriation
that young workers

served by WIA,
recognized
in
those
Youth
Grant
programs, will most
Opportunity
especially
a
in
be
the
first
laid
off
recession, and that many of
likely
these youth are high school dropouts who need job training and
financial
be
subsidies.
Strategic Public
President Bush
that will
Investment
has recognized the need for an economic stimulus plan
the nation back from recession and move
it closer to
pull
believe there is a need for a balanced ap
economic
security. Mayors
to
stimulus
that
recognizes the value of investments in strategic
proach
public resources. They believe that investments in sorely needed infra
structure projects offer the nation the benefit of increased employment

and security in the
today and increased productivity, competitiveness
future. And they believe that the most effective investments that can
today are in the local infrastructure projects that are already

that lack only the funding
planned and can be started quickly?projects
needed to launch them. These could include: traffic system enhance
be made
transit projects, high-speed rail projects, Amtrak system im

areas,
provements, repairs to roads and bridges serving metropolitan
and water security development projects.
ments,
in any economic
contained
recovery legislation
provisions
to
18months?and
should be short term?12
directly targeted to stim
Tax
include: lifting the cap on state and

ulating the economy. Examples
local tax exempt bonds to spur stalled development;
doubling the al
location of low income housing tax credits to advance housing con
income fam
struction; and providing a tax credit to low and moderate
ilies who purchase computers to boost technology literacy.

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A National Action Plan for Safety and Security in America's Cities (December 2001)

Author(s): Thomas M. Menino and The United States Conference of Mayors

A National Action Plan for Safety and

the nation's mayors are

on the front lines. When

it is clear that we have made much progress over

sponse capabilities. And we have worked together, at the national

to our request seeking federal assistance for homeland

Security, a proposal that seems likely

1. The officeholdersare listedas theyexisted inDecember 2001, themonth inwhich

this report was

programs, including the highly effective COPS

security must go hand-in-hand.

devastating terrorist attack in our history. In theweeks since that attack,

to protect their citizens in the event of further terrorist

activity. Under the leadership of the President of The U.S. Conference

and the security infrastructure that exist to do this.

it posed. All cities have plans in place tominimize damage

of mass destruction, has become a more serious concern for

to raise levels of preparedness,

11 and the anthrax mailings

deployments of police and other local public safety resources. All of

and anxiety created by the

they always have done in times of crises, mayors have assumed

tember 11, responding both diplomatically and militarily to the terrorist

screening services. The mayors' organization quickly formed bipartisan

webcasts on biological and chemical terrorism, and its executive com

forbriefingsby topfederalofficialsand forthe sharingof information

on "best practices" in safety and security.

of the summit participants

in four priority areas:

is, securing our trans

of the first three. That

security for the nation.

fact that the U.S.

our own commercial

attacked by terrorists who were

federal government to take quick, decisive action?to

focused the nation's attention initially on threats to security

for what could happen.

in the air and

in this area are made.

summit. They are the following:

PROVIDE A FULLY FEDERALIZED FORCE AT POINTS OF

curity and performance.

set uniform security standards

governing board of this entity should consist of key federal

and/or direct management

and facilitate through-put?as

inadequate funding for personnel and other accounts

PROVIDE AIRPORTS WITH IMMEDIATE FUNDING TO PAY

should be granted temporary flexibility in the use of Pas

currently prohibited use?this

rent on outstanding debt obligations, where this need exists. This

airport capital improvements.

outstanding debt as well as billions more in planned new issues to

in airport bonds must be reinforced, particularly in

effects of the uniform application of new federal security standards

and provision of safer and more secure air terminals, run

directly affected by declining

and other workers

air travel should be extended

ployment benefits, supplemental loans and other income support