[Senate Report 107-114]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 267
107th Congress                                                   Report
                                 SENATE
 1st Session                                                    107-114

======================================================================



 
               DISASTER RELIEF WORKERS' HEALTH AND SAFETY

                                _______
                                

                December 7, 2001.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 1621]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1621), to amend the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act to authorize the 
President to carry out a program for the protection of the 
health and safety of community members, volunteers, and workers 
in a disaster area, having considered the same, reports 
favorably thereon and recommends that the bill do pass.

                               Background

    In 1978 President Carter established by executive order the 
Federal Emergency Management Agency (FEMA). The newly 
established agency assumed the duties that the Federal Disaster 
Administration had performed since 1973. Even after FEMA's 
creation, aspects of the Federal role in disaster response and 
recovery remained unclear. After years of debate during the 
mid-1980s and several legislative attempts, Congress reached a 
compromise and passed the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (P.L. 104-707) in 1988. The 
Stafford Act, last amended in the 106th Congress (P.L. 106-
390), has helped to reshape the role of the Federal 
government's role in responding to national disasters.
    However, the Stafford Act does not specifically address the 
Federal government's role in monitoring the health and safety 
of individuals exposed to harmful substances as a result of a 
disaster. In the case of the World Trade Center, environmental 
monitoring conducted by the U.S. Environmental Protection 
Agency has shown elevated levels of asbestos, dioxin, PCBs, 
benzene, metals, and particulates in air, dust, and water 
samples taken in the area.
    The heroic efforts of emergency response personnel in the 
days and weeks following the September 11, 2001, disaster have 
underscored the need for a program to monitor and to track the 
health and safety of rescue workers. For example, scores of 
emergency response personnel responding to the World Trade 
Center attacks subsequently developed severe coughs that the 
medical community has not yet diagnosed. These workers will 
need long-term monitoring. Individuals who live, work, and 
attend school in the area may also require long-term monitoring 
as a result of exposure to harmful substances at the site. S. 
1621 addresses this important issue.
    S. 1621 amends the Stafford Act to authorize the President 
to carry out a program for the protection, assessment, 
monitoring, and study of the health and safety of community 
members, volunteers, and workers in a disaster area. In this 
context, ``workers'' are individuals who contribute to the 
rescue and recovery efforts. The bill does not require FEMA to 
provide treatment to conmmunity members, volunteers, or workers 
in a disaster area.

                      Section-by-Section Analysis

Section 1. Protection of Health and Safety of Individuals in a Disaster 
        Area

                                Summary

    Section 1 establishes the definitions and parameters for a 
program within FEMA to protect the health and safety of 
community members, volunteers, and workers in a declared 
disaster area.

                               Discussion

    S. 1621 amends the Stafford Act by adding section 409. 
Section 1 of the bill establishes a program within FEMA to 
monitor and to track the health and safety of persons working 
in and living around a major disaster area.
    The section begins by setting out the definitions that will 
govern the new section 409. The definition of worker includes 
``a first responder to a disaster, such as a police officer, a 
firefighter, and an emergency medical technician.'' This 
definition is not all-inclusive and the President may consider 
other categories of workers in establishing a program under 
this section. Other categories may include workers other than 
``first responders'' called upon to clean, demolish, 
decommission, and decontaminate the disaster area. The section 
continues by outlining the proposed program.
    If the President determines that one or more harmful 
substances (substances that the President determines may be 
harmful to human health) are present in a disaster area, the 
President may carry out a program for the protection, 
assessment, monitoring, education, and study of the health and 
safety of community members, volunteers, and workers in the 
disaster area. The intent of the program is to protect the 
health and safety of those exposed or potentially exposed to 
harmful substances as a direct result of the disaster and to 
prevent the recurrence of similar health impacts in future 
disasters.
    The program may include the collection and analysis of 
environmental exposure data, performance of baseline sampling, 
establishment of an exposure registry, and study of the long-
term health impacts of exposure through epidemiological 
studies. The program also may include developing and 
disseminating educational materials, providing the public with 
access to information, and training and certifying workers in 
the use of personal protection equipment.
    Medical or academic institutions in the proximate area of 
the disaster, and with experience in environmental and 
occupational health and safety, should conduct such studies 
when feasible and appropriate. Institutions developing and 
carrying out the program may consult with the National 
Institute of Environmental Health Sciences, the Agency for 
Toxic Substances and Disease Registry, the Occupational Safety 
and Health Administration, the Environmental Protection Agency, 
or other agencies with significant experience and expertise in 
the area of worker health and safety.
    Participation in any study under this section is voluntary, 
and the President shall take appropriate measures to protect 
participant privacy. Not later than one year after a study's 
completion, the President, or the institution conducting the 
study, will present the findings to the Director, the Secretary 
of Health and Human Services, the Secretary of Labor, and the 
Administrator of the Environmental Protection Agency.

                          Legislative History

    Senator Hillary Rodham Clinton introduced S. 1621 on 
November 1, 2001. The Senate Committee on Environment and 
Public Works held a legislative hearing on the bill on November 
1, 2001. The full committee reported the bill by voice vote on 
November 8, 2001.

                                Hearings

    On November 1, 2001, the committee held a legislative 
hearing on S. 1621, a bill to amend the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act to authorize the 
President to carry out a program for the protection of the 
health and safety of community members, volunteers, and workers 
in a disaster area, receiving testimony from Michael Brown, 
Deputy Director, Federal Emergency Management Agency; Joe 
Moravec, Commissioner, Public Building Service, General 
Services Administration; Dr. David Sampson, Assistant Secretary 
for Economic Development, Economic Development Administration, 
U.S. Department of Commerce; Richard Meserve, Chairman, Nuclear 
Regulatory Commission; Herbert Mitchell, Associate 
Administrator for Disaster Assistance, Small Business 
Administration; and Marianne L. Horinko, Assistant 
Administrator. Office of Solid Waste and Emergency Response, 
Environmental Protection Agency.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1621 on November 8, 2001, and reported S. 1621 by 
voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill does not create any additional regulatory burdens, 
nor will it cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 1621 would 
impose no unfunded mandates on local, State, or tribal 
governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 5, 2001.

Hon. James Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has prepared 
the enclosed cost estimate for S. 1621, a bill to amend the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
to authorize the President to carry out a program for the 
protection of the health and safety of community members, 
volunteers, and workers in a disaster area.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton, who can be reached at 226-2860. Sincerely,
                                             Dan L. Crippen
S. 1621, A bill to amend the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act to authorize the President to carry 
        out a program for the protection of the health and safety of 
        community members, volunteers, and workers in a disaster area, 
        as ordered reported by the Senate Committee on Environment and 
        Public Works on November 8, 2001

                                SUMMARY

    S. 1621 would amend title IV of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act to authorize the 
President to establish a new program to protect the health and 
safety of disaster relief workers such as fIrefighters, police 
officers, and emergency medical technicians. Under this bill 
the Federal Emergency Management Agency (FEMA) would be 
authorized to collect and analyze environmental data at 
disaster areas to determine whether substances that may be 
harmful to human health are present. In addition, this bill 
would authorize FEMA to disseminate educational materials to 
affected communities and conduct long-term epidemiological 
studies of affected populations. Finally, S. 1621 would 
authorize FEMA to work cooperatively with medical and academic 
institutions, as well as other Federal agencies, to implement 
this program.
    Assuming appropriation of the necessary funds, CBO 
estimates that implementing S. 1621 would cost $30 million over 
the 2002-2006 period. S.162l would not affect direct spending 
or receipts; therefore, pay-as-you-go procedures would not 
apply. S. 1621 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on the budgets of state, local, or 
tribal governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of S. 1621 is shown in the 
following table. The costs of this legislation fall within 
budget function 450 (community and regional development). 


                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                   2002    2003    2004    2005    2006
------------------------------------------------------------------------
 CHANGES IN SPENDING SUBJECT TO
          APPROPRIATION
Estimated Authorization Level...       4       4       8       8      12
Estimated Outlays...............       2       4       6       8      10
------------------------------------------------------------------------

                           BASIS OF ESTIMATE

    Based on information from FEMA and the Agency for Toxic 
Substances and Disease Registry (ATSDR), CBO estimates that 
implementing the provisions in this bill would cost about $30 
million over the 2002-2006 period, assuming appropriation of 
the necessary funds.
    Under this bill, CBO assumes that FEMA will work 
cooperatively with the A TSDR to conduct long-term 
epidemiological studies in certain disaster areas. We expect 
such long-term health studies would be called for at disaster 
areas where harmful pollutants are released into the 
environment. According to the ATSDR, each long-term study 
conducted under this bill would cost $3 million to $5 million a 
year and could last from 5-to-15 years. It is impossible to 
predict the number of such studies that might be required in 
the future. For this estimate, CBO assumes that one new study 
would be initiated every other year at an average cost of $4 
million per year.
Pay-As-You-Go Considerations: None.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    S. 1621 contains no intergovernmental or private-sector 
mandates as defmed in UMRA and would impose no costs on the 
budgets of state, local, or tribal governments.

Estimate Prepared by: Federal Costs: Julie Middleton (226-
2860); Impact on State, Local, and Tribal Governments: Leo Lex 
(225-3220); Impact on the Private Sector: Lauren Marks (226-
2966).

Estimate Approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              


  THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

          [As Amended Through P.L. 106-580, December 29, 2000]

    AN ACT Entitled the ``Disaster Relief Act Amendments of 1974''.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Robert T. Stafford Disaster 
Relief and Emergency Assistance Act''.

           *       *       *       *       *       *       *


SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER 
                    AREA.

    (a) Definitions.--In this section:
            (1) Harmful substance.--The term ``harmful 
        substance'' means a substance that the President 
        determines may be harmful to human health.
            (2) Program.--The term ``program'' means a program 
        described in subsection (b) carried out with respect to 
        a disaster area.
            (3) Worker.--The term ``worker'' includes a first 
        responder to a disaster, such as a police officer, a 
        firefighter, and an emergency medical technician.
    (b) Program.--If the President determines that 1 or more 
harmful substances are being, or have been, released in an area 
that the President has declared to be a disaster area under 
this Act, the President may carry out a program for the 
protection, assessment, monitoring, and study of the health and 
safety of community members, volunteers, and workers in the 
disaster area, to ensure that--
            (1) the community members, volunteers, and workers 
        are adequately informed about and protected against 
        potential health impacts of the harmful substance;
            (2) the community members, volunteers, and workers 
        are monitored and studied over time, and receive 
        appropriate care, for any long-term health impacts of 
        the harmful substance; and
            (3) information from any such monitoring and 
        studies is used to prevent or protect against similar 
        health impacts from future disasters.
    (c) Program.--
            (1) In general.--A program may include such 
        activities as--
                    (A) collecting and analyzing environmental 
                exposure data;
                    (B) developing and disseminating 
                educational materials to community members, 
                volunteers, and workers;
                    (C) providing the public access to current 
                information on continuing releases of a harmful 
                substance in the disaster area;
                    (D) training and certifying volunteers and 
                workers in the use of personal protection 
                equipment;
                    (E) identifying, performing baseline health 
                assessments on, taking biological samples from, 
                and establishing an exposure registry of 
                community members, volunteers, and workers 
                exposed to a harmful substance;
                    (F) studying the long-term health impacts 
                of any exposures through epidemiological 
                studies; and
                    (G) providing assistance to participants in 
                registries and studies under subparagraphs (E) 
                and (F) in determining eligibility for health 
                coverage and identifying appropriate health 
                services.
            (2) Participation in registries and studies.--
                    (A) In general.--Participation in any 
                registry or study under subparagraph (E) or (F) 
                of paragraph (1) shall be voluntary.
                    (B) Protection of privacy.--The President 
                shall take appropriate measures to protect the 
                privacy of any participant in a registry or 
                study described in subparagraph (A).
            (3) Cooperative agreements.--The President may 
        carry out a program through a cooperative agreement 
        with a medical or academic institution, or a consortium 
        of such institutions, that is--
                    (A) located in close proximity to the 
                disaster area with respect to which the program 
                is carried out; and
                    (B) experienced in the area of 
                environmental or occupational health and 
                safety, including experience in--
                            (i) conducting long-term 
                        epidemiological studies;
                            (ii) conducting long-term mental 
                        health studies; and
                            (iii) establishing and maintaining 
                        environmental exposure or disease 
                        registries.
    (d) Reports and Responses to Studies.--
            (1) Reports.--Not later than 1 year after the date 
        of completion of a study under subsection (c)(1)(F), 
        the President, or the medical or academic institution 
        or consortium of such institutions that entered into 
        the cooperative agreement under subsection (c)(3), 
        shall submit to the Director, the Secretary of Health 
        and Human Services, the Secretary of Labor, and the 
        Administrator of the Environmental Protection Agency a 
        report on the study.
            (2) Changes in procedures.--To protect the health 
        and safety of community members, volunteers, and 
        workers, the President shall make such changes in 
        procedures as the President determines to be necessary 
        based on the findings of the report submitted under 
        paragraph (1).

                                  
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