[Senate Report 108-183]
[From the U.S. Government Publishing Office]
Calendar No. 360
108th Congress Report
SENATE
1st Session 108-183
======================================================================
DISASTER AREA HEALTH AND ENVIRONMENTAL MONITORING ACT OF 2003
_______
November 3, 2003.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1279]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1279) 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 residents, workers, volunteers, and others
in a disaster area, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
General Statement and Background
S. 1279, the ``Disaster Area Health and Environmental
Monitoring Act of 2003'' establishes the framework for the
Federal Government to protect first responders, as well as the
health and safety of all involved in a disaster area, including
residents, workers, and volunteers. The program will enhance
the capabilities of first responders by allowing precautions,
assessments, and monitoring to take place at a disaster site.
Section-By-Section Analysis
Section 1. Short Title
This section provides that the title may be cited as the
``Disaster Area Health and Environmental Monitoring Act of
2003''.
Sec. 2. Protection of Health and Safety of Individuals in a Disaster
Area
SUMMARY
This section amends title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174).
The amendment inserts section 409 after section 408 of the Act.
DISCUSSION
The heroic efforts of emergency response personnel in the
days and weeks following the September 11, 2001, disaster
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 respiratory
ailments.
Key terms in this section are ``individual'' which defines
the scope of the disaster area health and environmental
monitoring program; and ``substance of concern,'' which defines
the types of substances that can trigger the establishment of a
health and environmental monitoring program. ``Individual'' is
defined to include workers, volunteers, residents, and school,
child care, and adult day care employees and attendees. Details
are included in the definition regarding the types of workers
and volunteers that are included in the definition of
individual. ``Substance of concern'' is defined as a chemical
or other substance that is associated with potential acute or
chronic human health effects, the risk of exposure to which
could potentially be increased as the result of a disaster, as
determined by the President.
If the President determines that one or more substances of
concern are present in a disaster area, the President may carry
out a program for the protection, assessment, monitoring, and
study of the health and safety of individuals. The intent of
the program is to protect the health and safety of individuals
exposed or potentially exposed to one or more substance of
concern 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 and
follow-up clinical health and mental health examinations,
biological sampling, establishment and maintenance of an
exposure registry, and study of the short-and long-term health
impacts of any exposures through epidemiological and other
health studies. The program also may include development and
dissemination of educational materials. The committee intends
that the President select the most appropriate means of
implementing a program established under this section,
including through local health departments, medical
institutions, consortiums of medical institutions, or other
appropriate means. The committee intends that the program will
be executed by an entity or entities in the proximate area of
the disaster or in the residential area of groups of
individuals that worked or volunteered in response to the
disaster, and with experience in environmental and occupational
health, toxicology, and safety, conduct such studies when
feasible and appropriate. Entities 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 registry or study under this section
is voluntary, and the President shall take appropriate measures
to protect participant privacy. The committee intends that the
program be inclusive, involving interested and affected
parties. Not later than 1 year after the establishment of a
program by the President, and every 5 years thereafter, the
President, or the institution(s) conducting the study, will
present a report on programs and studies carried out under the
program to the Secretary of Homeland Security, the Secretary of
Health and Human Services, the Secretary of Labor, the
Administrator of the Environmental Protection Agency, and the
appropriate committees of Congress.
Sec. 3. National Academy of Sciences Report on Disaster Area Health and
Environmental Protection and Monitoring
This section requires that the Secretary of Homeland
Security, the Secretary of Health and Human Services, and the
Administrator of the Environmental Protection Agency together
enter into a contract with the National Academy of Sciences to
conduct a study and prepare a report on disaster area health
and environmental protection and monitoring. The report will be
prepared with the participation of individuals who are experts
in fields relating to health and environmental protection and
monitoring.
The report will make recommendations regarding protecting
and monitoring the health and safety of individuals potentially
exposed to any chemical or other substance. The purpose of this
report is to improve the protection and monitoring of
individual health and safety at disaster sites of all types by
identifying standardized approaches, methods, and procedures to
be used by Federal, State, and local agencies. Specifically,
the report will make recommendations regarding the
establishment of protocols for the monitoring of and response
to chemical or substance releases in a disaster area for the
purpose of protecting public health and safety. Protocol
recommendations will address items such as which chemicals and
substances should be monitored, sampling and analysis
methodologies, health-based thresholds for individual chemical
or substances, procedures for distributing monitoring results,
division of responsibilities among Federal, State, and local
agencies, Federal Government capacity, and other issues.
Legislative History
On June 18, 2003, Senators Voinovich, Clinton, DeWine, and
Schumer introduced S. 1279, the ``Disaster Area Health and
Environmental Monitoring Act of 2003,'' which was referred to
the Committee on Environment and Public Works. The committee
ordered the bill to be reported favorably with an amendment on
July 30, 2003, by voice vote.
Prior to the introduction of S. 1279, the Committee on
Environment and Public Works held four hearings and one
business meeting on emergency response issues.
On October 16, 2001, the committee held a hearing on the
Federal response to the September 11, 2001 attacks, receiving
testimony from Hon. Joseph Allbaugh, Director, Federal
Emergency Management Agency; Edward P. Plaugher, Chief,
Arlington County Fire Department Arlington, VA; Jeffrey L.
Metzinger, Chief, Sacramento Metropolitan Fire Department and
Member, FEMA Urban Search and Rescue Team; and Robert
Hessinger, Member, Ohio Task Force One.
On February 11, 2002, the Subcommittee on Clean Air,
Wetlands, and Climate Change held a field hearing in New York
to receive testimony on the impacts of the September 11 attack
on air quality and possible related health impacts in the area
of the World Trade Center and how to address any such impacts,
receiving testimony from Rep. Jerrold Nadler, U.S. House of
Representatives; Liz Berger, Resident, NY; Dr. Kerry Kelly,
Chief Medical Officer, New York City Fire Department, NY; Dr.
George Thurston, Associate Professor of Environmental Medicine,
New York University Medical School, Nelson Institute of
Environmental Medicine, NY; Eric Goldstein, New York Urban
Program Director, Natural Resources Defense Council, NY;
Marianne Jackson, Deputy Federal Coordinating Officer for the
World Trade Center Event, Federal Emergency Management Agency;
Jane M. Kenny, Administrator, U.S. Environmental Protection
Agency Region 2; Carl Johnson, Deputy Commissioner for Air and
Waste Management, Department of Environmental Conservation,
State of New York; Commissioner Joel Miele, Department of
Environmental Protection, City of New York (With: Commissioner
Thomas Frieden, Department of Health, City of New York); Tom
Scotto, President, Detectives Endowment Association, NY; Edward
J. Malloy, President, Building and Construction Trades Council
of Greater New York; Dr. Stephen Levin, Medical Director,
Irving J. Selikoff Occupational Health Clinical Center, The
Mount Sinai Medical Center, NY; Marilena Christodoulou;
President; Stuyvesant High School Parents' Association, NY;
Julie Hiraga, Second Grade Teacher, PS-89, NY; Bernard Orlan,
Director of Environmental Health and Safety, New York City
Board of Education; and Dr. Phil Landrigan, Ethel H. Wise
Professor and Chairman, Department of Community and Preventive
Medicine, The Mount Sinai School of Medicine, NY.
On March 12, 2002, the committee held a hearing to consider
the President's budget request for first response to disasters,
receiving testimony from Hon. Joe Allbaugh, Director, Federal
Emergency Management Agency; Woodbury P. Fogg, P.E., on behalf
of the National Emergency Management Association; Ed Wilson,
Chief, City of Portland Fire Department, Portland, OR; Mike
O'Neil, Chief, South Burlington Fire Department, Burlington,
VT; and Kenneth E. Zirkle, President, The University of
Findlay, Findlay, OH.
On September 24, 2002, the committee held a hearing to
review the responses of EPA and FEMA to the September 11, 2001
attacks, receiving testimony from Hon. Christine Todd Whitman,
Administrator, U.S. Environmental Protection Agency; Hon. Joe
Allbaugh, Director, Federal Emergency Management Agency; Dr.
Kerry Kelly, Chief Medical Officer, New York City Fire
Department, NY; Madeline Wils, Member, Community Board 1, NY;
Danny Greenberg, President and Attorney in Chief, Legal Aid
Society, NY; and Jack Reall, Task Force Leader, Ohio Task Force
One, OH.
On June 27, 2002, the committee ordered S. 2664 reported
favorably. Senate bill, S. 2664, introduced by Senators
Jeffords and Smith of New Hampshire, contained a section
similar to S. 1279. The main addition to S. 1279 is the
creation of the National Academy of Sciences report.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1279 on July 30, 2003. The committee voted
favorably to report S. 1279 by voice vote. By voice vote, the
committee agreed to an amendment offered by Senators Voinovich
and Clinton.
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. 1279 would
impose no Federal intergovernmental unfunded mandates on State,
local, 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, August 11, 2003.
Hon. James M. Inhofe, 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. 1279, the Disaster
Area Health and Environmental Monitoring Act of 2003.
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,
Douglas Holtz-Eakin
----------
S. 1279, Disaster Area Health and Environmental Monitoring Act of 2003,
as ordered reported by the Senate Committee on Environment and
Public Works on July 30, 2003
Summary
S. 1279 would amend title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to authorize 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, Federal agencies 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 those agencies to disseminate educational
materials to affected communities and to conduct long-term
epidemiological studies of affected populations. Finally, the
bill would authorize the National Academy of Sciences to study
and prepare a report on disaster area health and environmental
protection and monitoring.
Assuming appropriation of the necessary funds, CBO
estimates that implementing S. 1279 would cost $35 million over
the 2004-2008 period. Enacting S. 1279 would not affect direct
spending or revenues. S. 1279 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. 1279 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
------------------------------------------------------------------------
2004 2005 2006 2007 2008
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Estimated Authorization Level... 5 5 9 9 13
Estimated Outlays............... 3 5 7 9 11
------------------------------------------------------------------------
Basis of Estimate
Based on information from the Agency for Toxic Substances
and Disease Registry (ATSDR) and the National Academy of
Sciences, CBO estimates that implementing the provisions in S.
1279 would cost about $35 million over the 2004-2008 period,
assuming appropriation of the necessary funds.
Under S. 1279, CBO assumes that the ATSDR would be tasked
with conducting long-term epidemiological studies in certain
disaster areas that are called for under the legislation. We
expect such long-term health studies would be conducted 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 five 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. Based on information from the National
Academy of Sciences, CBO estimates that the long-term study on
disaster-area health would cost $5 million over 5 years.
Intergovernmental and Private-Sector Impact
S. 1279 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on the
budgets of State, local, or tribal governments.
Estimate Prepared By: Federal Costs: Julie Middleton; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Cecil McPherson.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
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''.
* * * * * * *
TITLE IV--MAJOR DISASTER ASSISTANCE PROGRAMS
SEC. 401. PROCEDURE FOR DECLARATION.
* * * * * * *
[Sec. 409 repealed by section 104(c)(2) of Public Law 106-
390 (114 Stat. 1559).]
SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER
AREA.
(a) Definitions.--In this section:
(1) Individual.--The term ``individual'' includes--
(A) a worker or volunteer who responds to a
disaster, including--
(i) a police officer;
(ii) a firefighter;
(iii) an emergency medical
technician;
(iv) any participating member of an
urban search and rescue team; and
(v) any other relief or rescue
worker or volunteer that the President
determines to be appropriate;
(B) a worker who responds to a disaster by
assisting in the cleanup or restoration of
critical infrastructure in and around a
disaster area;
(C) a person whose place of residence is in
a disaster area;
(D) a person who is employed in or attends
school, child care, or adult day care in a
building located in a disaster area; and
(E) any other person that the President
determines to be appropriate.
(2) Program.--The term ``program'' means a program
described in subsection (b) that is carried out for a
disaster area.
(3) Substance of concern.--The term ``substance of
concern'' means a chemical or other substance that is
associated with potential acute or chronic human health
effects, the risk of exposure to which could
potentially be increased as the result of a disaster,
as determined by the President.
(b) Program.--
(1) In general.--If the President determines that 1
or more substances of concern are being, or have been,
released in an area 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 individuals to ensure
that--
(A) the individuals are adequately informed
about and protected against potential health
impacts of any substance of concern and
potential mental health impacts in a timely
manner;
(B) the individuals are monitored and
studied over time, including through baseline
and followup clinical health examinations,
for--
(i) any short- and long-term health
impacts of any substance of concern;
and
(ii) any mental health impacts;
(C) the individuals receive health care
referrals as needed and appropriate; and
(D) information from any such monitoring
and studies is used to prevent or protect
against similar health impacts from future
disasters.
(2) Activities.--A program under paragraph (1) may
include such activities as--
(A) collecting and analyzing environmental
exposure data;
(B) developing and disseminating
information and educational materials;
(C) performing baseline and followup
clinical health and mental health examinations
and taking biological samples;
(D) establishing and maintaining an
exposure registry;
(E) studying the short- and long-term human
health impacts of any exposures through
epidemiological and other health studies; and
(F) providing assistance to individuals in
determining eligibility for health coverage and
identifying appropriate health services.
(3) Timing.--To the maximum extent practicable,
activities under any program established under
paragraph (1) (including baseline health examinations)
shall be commenced in a timely manner that will ensure
the highest level of public health protection and
effective monitoring.
(4) Participation in registries and studies.--
(A) In general.--Participation in any
registry or study that is part of a program
under 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).
(5) Cooperative agreements.--
(A) In general.--The President may carry
out a program under paragraph (1) through a
cooperative agreement with a medical
institution or a consortium of medical
institutions.
(B) Selection criteria.--To the maximum
extent practicable, the President shall select
to carry out a program under paragraph (1) a
medical institution or a consortium of medical
institutions that--
(i) is located near--
(I) the disaster area with
respect to which the program is
carried out; and
(II) any other area in
which there reside groups of
individuals that worked or
volunteered in response to the
disaster; and
(ii) has appropriate experience in
the areas of environmental or
occupational health, toxicology, and
safety, including experience in--
(I) developing clinical
protocols and conducting
clinical health examinations,
including mental health
assessments;
(II) conducting long-term
health monitoring and
epidemiological studies;
(III) conducting long-term
mental health studies; and
(IV) establishing and
maintaining medical
surveillance programs and
environmental exposure or
disease registries.
(6) Involvement.--
(A) In general.--In establishing and
maintaining a program under paragraph (1), the
President shall involve interested and affected
parties, as appropriate, including
representatives of--
(i) Federal, State, and local
government agencies;
(ii) groups of individuals that
worked or volunteered in response to
the disaster in the disaster area;
(iii) local residents, businesses,
and schools (including parents and
teachers);
(iv) health care providers; and
(v) other organizations and
persons.
(B) Committees.--Involvement under
subparagraph (A) may be provided through the
establishment of an advisory or oversight
committee or board.
(c) Reports.--Not later than 1 year after the establishment
of a program under subsection (b)(1), and every 5 years
thereafter, the President, or the medical institution or
consortium of such institutions having entered into a
cooperative agreement under subsection (b)(5), shall submit to
the Secretary of Homeland Security, the Secretary of Health and
Human Services, the Secretary of Labor, the Administrator of
the Environmental Protection Agency, and appropriate committees
of Congress a report on programs and studies carried out under
the program.
* * * * * * *