[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
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December 7, 2001.--Ordered to be printed
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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:
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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.