Comment Submitted by James P O'Brien, Ph.D., Office of Emergency Management and Homeland Security

I pose the following questions solely to stimulate the discussion and advance work necessary, burdensome to be sure, that states, locals, tribes, and territories ought to consider before traveling down this road. Also, I pose them to nudge DHS in developing guidance documents, training, and job aids to facilitate consistency across jurisdictions. I am not opposed to credentialing on its face; however, we must go into this with our eyes open. NIMS CREDENTIALING CHECKLIST -- page 7 I. Functions and Processes of the Overall System A. Establish standards for the jobs and duties of emergency response officials from minimum through advanced levels or degrees of competency. 1. First Responders – what standards exist to any degree? Fire Law Enforcement EMS Emergency Management Public Health Health Care Hazardous Materials Public Works Government Administration PS Communications Private Sector Community Organizations 2. Within these disciplines, what generic jobs should be credentialed? 3. Who will identify those generic jobs? 4. What consensus exists on minimum and advanced levels or degrees of competency for each? 5. Who will identify those minimums and maximums? 6. What time line will standards-setting take? B. Process individuals’ and organizations’ requests to become credentialed. 1.Who will receive requests for credentialing individuals and organizations? 2.What criteria determine eligibility for consideration for credentialing? 3.What is the turnaround time to determine eligibility and processing? 4.What foundation forms the basis to deny credentialing requests? 5.What process exists to appeal a credentialing denial? 6.Who makes the final determination after appeals? 7.Can unsuccessful appeals go to District Court for adjudication? C. Provide education, training, and experience that support individuals in achieving and maintaining a credential or credentials. 1.Who will develop the education courses and to what standards? 2.What content will the education courses have? 3.Who will develop training courses and to what standards? 4.What content will the training courses have? 5.What constitutes experience? 6.How will these activities sum up to support an individual’s credential achievement and maintenance? 7.What are the maintenance cycles? 8.What is the life-span of a credential? 9.How will the state ensure consistency in all these activities? 10.Who will conduct internal quality assurance and quality control activities? 11.What internal audit process will ensure compliance with standards? D. Verify the individual’s competency in knowledge, skills, and abilities required to meet the performance standards for which a credential is sought or maintained. 1.What is the verification process and methods? 2.Who establishes the process and methods? 3.Who monitors the verification process and methods? 4.What constitutes knowledge competency? 5.What constitutes skills competency? 6.What constitutes abilities competency? 7.How are these constituents cross-walked with performance standards? 8.Is the verification process the same for each discipline? 9.How does competency relate to resource typing? 10.What are the costs for verification processes and methods? 11.Who pays for the verification processes and methods? 12. What provisions exist for re-testing? 13.What appeals process exists for challenging processes and methods? E. Verify the individual’s health and fitness as indicated for the credential and the duties to be performed. 1.What health and fitness standards are in use? 2.What standards should exist? 3.Who sets such standards? 4.Will labor unions accept these standards? 5.How often should health and fitness evaluations take place? 6.Will employers provide on-the-job time for individuals to train and exercise to meet health and fitness standards? 7.What rehabilitation responsibilities do employers take on if health and fitness evaluations results affect an individual negatively? 8.How much will health and fitness evaluations cost? 9.Who will pay for initial and ongoing health and fitness evaluations? 10.What provisions will care for individuals who become ill or injured during evaluations? F. Establish processes for canceling, withdrawing, and revoking credentials electronically, respecting due process and establishing a process for appeal. 1.What processes exist that the state could adapt and adopt? 2.Are stakeholders going to agree with processes and outcomes? 3.What recourse do stakeholders have to challenge processes? 4.What criteria warrant canceling, withdrawing, and revoking a credential? 5.Who establishes such criteria and on what basis do they set them? 6.How does the state make a determination to withdraw or revoke a credential? 7.Who makes that determination? 8.What appeal process does an affected stakeholder follow? 9.Are negative appeal outcomes eligible for hearing in District Court? G. Perform monitoring and quality control of the organizations that credential, verify, and select emergency response officials and recovery personnel. 1.Who monitors and exercises quality control? 2.How are these monitoring and QC people selected? 3.Who selects them? 4.What authority do they possess to conduct these activities? 5.What are the consequences for exceptions noted during monitoring and QC activities? 6.What reports do the monitoring and QC activities generate? 7.Are these reports public records? 8.Are there going to be remedial programs to address exceptions? 9.Do exceptions lead to ineligibility for credentialing activities? 10.Who makes that determination? 11.What gives authority to make such a determination? 12.What appeals process exists to address negative exception results? H. Audit and test the relevant organizations, including the accrediting organizations involved in these credentialing processes and functions. 1.Who conducts such audits? 2.What is the auditor selection process? 3.What knowledge, skills, and abilities must auditors possess? 4.What accounting factors will auditors use? 5.Do these audits follow generally accepted accounting principles? 6.Who determines these factors? 7.Do stakeholders agree with these factors? 8.Is there a basis for issuing exception notices? 9.What are the consequences for exception notices? 10.Are these notices public record? 11.Are there remedial programs to address exceptions? 12.What if credentialing organizations refuse such audits? 13.Can organizations perform internal audits and forward results to the state? I. Conduct and support research and testing of the credentialing system and the effectiveness of credentialing in meeting its purposes. 1.Who conducts such research and testing? 2.What is the personnel selection process for conducting such activities? 3.What will these activities cost? 4.Who will pay for the cost of these activities? 5.What deliverable should these activities produce? 6.Who designs these deliverables? 7.How often should research and testing occur? 8.Who decides what these intervals should be? 9.What purposes will the results of these activities serve? 10.Are these results public record? 11.Can the researchers claim intellectual property rights for their publications? 12.Who owns the copyright for published results?