[Senate Report 107-115]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 268
107th Congress                                                   Report
                                 SENATE
 1st Session                                                    107-115

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           CHILDREN'S COORDINATING OFFICER FOR DISASTER AREAS

                                _______
                                

                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. 1623]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1623), to amend the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act to direct the 
President to appoint Children's Coordinating Officers for 
disaster areas in which children have lost 1 or more custodial 
parents, 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 provide Federal services 
for children who lose a custodial parent in a major disaster. 
The Stafford Act does not provide Federal Services for 
caregivers of children who have lost a custodial parent in a 
major disaster.
    The needs of these children and their caregivers will be 
great, and S. 1623 addresses these needs.

                      Section-by-Section Analysis

Section 1. Children's Assistance

                                Summary

    Section 1 amends the Stafford Act and directs the President 
to appoint a children's coordinating officer when a child loses 
one or more custodial parents in a major disaster area.

                               Discussion

    S. 1623 amends the Stafford Act by adding a new section 
411. This new section directs the President to appoint a 
children's coordinating officer when a child loses one or more 
custodial parents in a Presidentially-declared major disaster 
area. The coordinating officer will provide children with the 
support and assistance necessary to ensure their immediate care 
and transition to a permanent family. The officer will 
coordinate relief efforts by appropriate Federal, state, and 
local government agencies on behalf of the child. The officer 
also will coordinate the relief efforts of community-based 
organizations, foundations, funds, or other organizations 
providing aid to children.
    The coordinating officer also will ensure that children and 
their caregivers are provided with immediate temporary care 
services, counseling on long-term permanency planning, legal 
services for guardianships and adoptions, information on 
available services and assistance for victims of the disaster, 
and mental health services.
    The committee anticipates that the FEMA Director will 
appoint a children's coordinating officer as part of the 
disaster response team for each disaster where a child loses a 
custodial parent. The committee also anticipates that the 
children's officer will coordinate and utilize existing 
resources to aid children.

                          Legislative History

    Senator Hillary Rodham Clinton introduced S. 1623 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 on November 8, 
2001.

                                Hearings

    On November 1, 2001, the committee held a legislative 
hearing on S. 1623, a bill to amend the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act to direct the 
President to appoint Children's Coordinating Officers for 
disaster areas in which children have lost one or more 
custodial parents,, 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. 1623 on November 8, 2001, and reported S. 1623 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. 1623 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:
S. 1623, A bill to amend the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act to direct the President to appoint 
        Children's Coordinating Officers for disaster areas in which 
        children have lost one or more custodial parents, as ordered 
        reported by the Senate Committee on Environment and Public 
        Works on November 8, 2001
    S. 1623 would authorize the President to appoint a 
Children's Coordinating Officer to provide support and 
assistance to children and their caregivers during disasters. 
The Children's Coordinating Officer would provide help to 
victims in obtaining temporary care services, mental health 
counseling, and legal services for guardianships and adoptions, 
among other related duties.
    Based on information from the Federal Emergency Management 
Agency (FEMA), CBO estimates that S. 1623 would have no 
significant impact on the federal budget. FEMA would likely 
designate the Deputy Federal Coordinating Officer who works in 
each region to take on the responsibilities of the Children's 
Coordinating Officer; therefore, new positions would not 
necessarily be created under the bill.
    S. 1623 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. S. 1623 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would not 
affect the budgets of state, local, or tribal governments.
    The CBO staff contact for this estimate is Julie Middleton. 
This estimate was 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. 411. CHILDREN'S ASSISTANCE.

    (a) Appointment of Children's Coordinating Officer.--If the 
President determines that children have lost 1 or more 
custodial parents in an area that the President has declared to 
be a disaster area under this Act, the President shall appoint 
an individual to serve as a Children's Coordinating Officer for 
the area.
    (b) Functions.--A Children's Coordinating Officer appointed 
under subsection (a) shall--
            (1) provide necessary support and assistance for 
        children described in subsection (a) to ensure their 
        immediate care and transition to a permanent and loving 
        family;
            (2) enter into partnerships with appropriate 
        Federal, State, and local governmental agencies to 
        direct and coordinate the provision of assistance to 
        children described in subsection (a); and
            (3) coordinate all efforts by community-based 
        organizations, foundations, funds, or other 
        organizations to provide assistance to children 
        described in subsection (a).
    (c) Services.--A Children's Coordinating Officer appointed 
under subsection (a) shall ensure that children and their 
caregivers are provided with--
            (1) immediate temporary care services;
            (2) counseling on long-term permanency planning;
            (3) legal services for guardianships and adoptions;
            (4) information on available services and 
        assistance for victims of the disaster; and
            (5) mental health services.

                                  
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