99–010

Calendar No. 267

107TH CONGRESS REPORT

1st Session " ! SENATE 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

REPORT

[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
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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
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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.
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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 dis-
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aster 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 longterm 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.
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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 øblack 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—
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(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
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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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