[Senate Report 117-100]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 351
117th Congress     }                                     {      Report
                                 SENATE
 2d Session        }                                     {     117-100
_______________________________________________________________________

                                     



                   HOMELAND SECURITY FOR CHILDREN ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                               H.R. 4426

          TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO ENSURE
              THAT THE NEEDS OF CHILDREN ARE CONSIDERED IN
           HOMELAND SECURITY PLANNING, AND FOR OTHER PURPOSES








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                 April 27, 2022.--Ordered to be printed 
                 
                             _________
     
     
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
29-010                   WASHINGTON : 2022
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
           Naveed Jazayeri, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
     Clyde E. Hicks Jr., Minority Senior Professional Staff Member
                     Laura W. Kilbride, Chief Clerk













                                                      Calendar No. 351
117th Congress     }                                     {      Report
                                 SENATE
 2d Session        }                                     {     117-100

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



 
                   HOMELAND SECURITY FOR CHILDREN ACT

                                _______
                                

                 April 27, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 4426]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (H.R. 4426), to amend 
the Homeland Security Act of 2002 to ensure that the needs of 
children are considered in homeland security planning, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  1
 II. Background and Need for the Legislation..........................  2
III. Legislative History..............................................  2
 IV. Section-by-Section Analysis of the Bill, as Reported.............  3
  V. Evaluation of Regulatory Impact..................................  4
 VI. Congressional Budget Office Cost Estimate........................  4
VII. Changes in Existing Law Made by the bill, as Reported............  5

                         I. Purpose and Summary

    H.R. 4426, the Homeland Security for Children Act, would 
ensure the needs of children are adequately incorporated in the 
planning of each Department of Homeland Security (DHS) office 
and component, including by consulting with organizations, 
including nonprofit groups, international organizations, and 
experts representing the needs of children. The bill also would 
require the Administrator of FEMA to appoint a technical expert 
on incorporating the needs of children into activities to 
prepare for and respond to disasters. Finally, H.R. 4426 would 
require DHS to provide an annual report to Congress for five 
years on the Department's activities under this bill.

              II. Background and the Need for Legislation

    Children are uniquely vulnerable to physical and emotional 
harm during disasters and acts of terrorism.\1\ Yet, despite 
making up nearly 23 percent of the American population, the 
country has historically struggled to adequately account for 
children's distinct needs.\2\ After witnessing the 
disproportionate impacts on children after Hurricane Katrina, 
Congress established the National Commission on Children and 
Disasters to conduct a comprehensive study on the needs of 
children in relation to the preparation for, response to, and 
recovery from major disasters and emergencies.\3\
---------------------------------------------------------------------------
    \1\CareCentrix, What is a Vulnerable Population in Healthcare?, 
CareCentrix (blog) (Sept. 7, 2017) (www.carecentrix.com/blog/what-is-a-
vulnerable-population).
    \2\United States Census Bureau (www.census.gov/quickfacts/fact/
table/US/PST045221) (accessed Jan. 27, 2022); Save the Children, A 
National Report Card on Protecting Children During Disasters (2010) 
(www.savethechildren.org/content/dam/usa/reports/emergency-prep/
disaster-report-2010.pdf).
    \3\Pub. L. No. 110-161 (2008).
---------------------------------------------------------------------------
    In the 116th Congress, testimony before congressional 
committees described how children are at greater risk of the 
impacts of climate change and disasters, as they are more 
susceptible to physical and mental injuries and death and how 
disaster planning should be uniquely tailored for children.\4\
---------------------------------------------------------------------------
    \4\House Committee on Homeland Security, Hearing: Assessing the 
Homeland Security Impacts of a Changing Climate, 116th Cong. (April 9, 
2019) (H. Hrg. 116-12); House Committee on Homeland Security, Field 
Hearing: Protecting Every Citizen: Assessing Emergency Preparedness for 
Underserved Populations, 116th Cong. (July 23, 2019) (H. Hrg. 116-33); 
House Committee on Homeland Security, Hearing: Engaging the Community 
Perspectives on School Security, 116th Cong. (Sept. 26, 2019) (H. Hrg. 
116-38).
---------------------------------------------------------------------------
    In July 2015, in response to the Commission's report, then-
Federal Emergency Management Agency (FEMA) Administrator Craig 
Fugate established the children's technical expert position.\5\ 
To date, Congress has not authorized this position, which 
continues to leave children vulnerable. H.R. 4426 would 
formally authorize the children's technical expert position, 
ensuring children's needs are adequately incorporated into 
FEMA's emergency preparedness, response, recovery, and 
mitigation efforts.
---------------------------------------------------------------------------
    \5\Federal Emergency Management Agency National Advisory Council 
Meeting, Children and Disasters: An Integrated Approach to Disaster 
Planning, Preparedness, Response, and Recovery, (September 18, 2015) 
(accessed May 15, 2019) (www.fema.gov/media-library-data/1444146313302-
51ff102360b5d17c9cee79abd11e43f3/ChildrenandDisasters_LauraleeKoziol_9-
18-15(508c).pdf).
---------------------------------------------------------------------------
    H.R. 4426 would also ensure the unique needs of children 
are taken into account throughout DHS by mandating the DHS 
Secretary to direct all offices and components to consider 
children when creating policies and implementing programs. The 
bill specifically directs DHS to seek feedback from 
organizations, including nonprofit international organizations, 
and experts that represent children when developing and 
carrying out policies and programs. This legislation would also 
require DHS to report to Congress on the Department's work to 
incorporate children's interests into its policies, programs, 
and activities.

                        III. Legislative History

    Representative Donald Payne (D-NJ) introduced H.R. 4426, 
the Homeland Security for Children Act, on July 13, 2021, with 
Rep. Thompson (D-MS), Rep. Coleman (D-NJ), Rep. Clarke (D-NY), 
Rep. Swalwell (D-CA), Rep. Langevin (D-RI), and Rep. Luria (D-
VA). The bill was referred to the House Committee on Homeland 
Security and the House Committee on Transportation and 
Infrastructure. The House of Representatives considered H.R. 
4426 on September 29, 2021 under suspension of the rules, and 
it passed, as amended, by a voice vote.
    The bill was referred to the Senate Committee on Homeland 
Security and Governmental Affairs on September 30, 2021. The 
Committee considered H.R. 4426 at a business meeting on 
November 3, 2021. The bill was ordered reported favorably by 
voice vote en bloc. The Senators present were: Peters, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Portman, Johnson, Lankford, 
Romney, Scott, and Hawley.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section provides that this bill may be cited as the 
``Homeland Security for Children Act.''

Section 2. Responsibilities of Secretary of Homeland Security

    This section amends section 102 of the Homeland Security 
Act of 2002 by adding a new subsection directing the DHS 
Secretary to take into account the needs of children, including 
those within underserved communities, in planning and mission 
execution. In furtherance of this goal, the Secretary must seek 
feedback from organizations representing the needs of children 
to the extent practicable.

Section 3. Technical expert authoritized

    This section authorizes a children's technical expert 
position within FEMA. The children's technical expert position 
may consult with relevant, outside organizations and experts to 
better integrate the unique needs of children in FEMA 
activities to prepare for, protect against, respond to, recover 
from, and mitigate against natural and manmade disasters.

Section 4. Report

    This section requires the DHS Secretary to submit a report 
to Congress within one year of the enactment of this bill and 
annually thereafter for five years. The report must detail DHS' 
efforts to incorporate feedback from organizations representing 
children into Department-wide policy including: the designation 
individuals in each component and office responsible for 
carrying out the requirements of this legislation; any review 
of Department policies, programs, or activities intended to 
assess the suitability of incorporating feedback from 
organizations representing children in Departmental policies, 
programs, and activities; any review, modification, or change 
to Department policies, programs, or activities to incorporate 
the needs of children; and any Department coordination with 
outside organizations and experts representing the needs of 
children.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 26, 2022.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4426, the Homeland 
Security for Children Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lindsay 
Wylie.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

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    H.R. 4426 would direct all offices and subagencies of the 
Department of Homeland Security (DHS) to incorporate the needs 
of children in mission planning and execution, including by 
consulting with organizations representing the needs of 
children whenever practicable. The act also would require the 
DHS Under Secretary for the Office of Strategy, Policy, and 
Plans to appoint a technical expert on incorporating the needs 
of children into activities to prepare for and respond to 
disasters. Finally, H.R. 4426 would require DHS to report to 
the Congress annually for five years on implementation of the 
act.
    CBO expects DHS would require one additional employee to 
serve as a technical expert and coordinate the activities 
required under H.R. 4426. Based on average salaries for similar 
employees and the cost of similar activities, CBO estimates the 
agency would spend $1 million over the 2022-2026 period to 
implement the legislation; any such spending would be subject 
to the availability of appropriated funds.
    The CBO staff contact for this estimate is Lindsay Wylie. 
The estimate was reviewed by Leo Lex, Deputy Director of Budget 
Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 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 brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 6--DOMESTIC SECURITY

           *       *       *       *       *       *       *


CHAPTER 1--HOMELAND SECURITY ORGANIZATION

           *       *       *       *       *       *       *



Subchapter I--Department of Homeland Security

           *       *       *       *       *       *       *



SEC. 112. SECRETARY; FUNCTIONS.

    (a) * * *

           *       *       *       *       *       *       *

    (h) Planning Requirements.--The Secretary shall ensure the 
head of each office and component of the Department takes into 
account the needs of children, including children within under-
served communities, in mission planning and mission execution. 
In furtherance of this subsection, the Secretary shall require 
each such head to seek, to the extent practicable, advice and 
feedback from organizations representing the needs of children. 
The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply whenever such advice or feedback is sought in accordance 
with this subsection.

           *       *       *       *       *       *       *


Subchapter V--National Emergency Management

           *       *       *       *       *       *       *



SEC. 313. FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) * * *
    (b) * * *
          (1) * * *
          (2) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) provide funding, training, exercises, 
                technical assistance, planning, and other 
                assistance to build tribal, local, State, 
                regional, and national capabilities (including 
                communications capabilities), necessary to 
                respond to a natural disaster, act of 
                terrorism, or other man-made disaster; [and]
                  (H) develop and coordinate the implementation 
                of a risk-based, all-hazards strategy for 
                preparedness that builds those common 
                capabilities necessary to respond to natural 
                disasters, acts of terrorism, and other man-
                made disasters while also building the unique 
                capabilities necessary to respond to specific 
                types of incidents that pose the greatest risk 
                to our Nation[.]; and
                  (I) identify, integrate, and implement the 
                needs of children, including children within 
                under-served communities, into activities to 
                prepare for, protect against, respond to, 
                recover from, and mitigate against the risk of 
                natural disasters, acts of terrorism, and other 
                disasters, including catastrophic incidents, 
                including by appointing a technical expert, who 
                may consult with relevant outside organizations 
                and experts, as necessary, to coordinate such 
                integration, as necessary.

           *       *       *       *       *       *       *


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