[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1539 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1539

                  To protect children from terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2001

  Mrs. Clinton (for herself, Mr. Dodd, Mrs. Murray, Ms. Mikulski, Mr. 
Schumer, Mr. Bingaman, and Mr. Corzine) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
                  To protect children from terrorism.

    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 ``Protecting America's Children 
Against Terrorism Act''.

SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Public Health Measures To Protect Against Terrorism.--Part B of 
title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is 
amended by inserting after section 319G, the following:

``SEC. 319H. PUBLIC HEALTH MEASURES TO PROTECT AGAINST TERRORISM.

    ``(a) National Task Force on Children and Bioterrorism.--
            ``(1) Establishment.--The Secretary shall establish a 
        National Task Force on Children and Bioterrorism (referred to 
        in this subsection as the `Task Force').
            ``(2) Membership.--The Task Force shall be composed of--
                    ``(A) the Secretary and other officials of the 
                Department determined appropriate by the Secretary;
                    ``(B) the Director of the Federal Emergency 
                Management Agency;
                    ``(C) the Administrator of the Environmental 
                Protection Agency;
                    ``(D) the Secretary of Education;
                    ``(E) child health experts on infectious disease, 
                environmental health, and toxicology, who shall be 
                appointed by the Secretary;
                    ``(F) representatives of national children's health 
                organizations, including the American Academy of 
                Pediatrics and the National Association of Children's 
                Hospitals, who shall be appointed by the Secretary; and
                    ``(G) representatives of other relevant 
                organizations determined appropriate by the Secretary.
            ``(3) Recommendations.--Not later than 60 days after the 
        date of enactment of this section, the Task Force shall make 
        recommendations to the Secretary concerning--
                    ``(A) an assessment of the preparedness of the 
                health care system of the United States to respond to 
                bioterrorism aimed at children and youth, including the 
                readiness of public health institutions, providers of 
                health care, and other emergency service personnel to 
                detect, diagnose and respond to bioterrorist attacks 
                affecting large numbers of children and youth;
                    ``(B) needed changes to the health care and 
                emergency medical services systems, including 
                recommendations on research, training of health 
                personnel, and changes to the National Pharmaceutical 
                Stockpile Program to include the medical needs of 
                children; and
                    ``(C) national, regional, and local health care and 
                emergency medical services protocols for dealing with 
                mass casualties of children and youth resulting from 
                bioterrorism.
    ``(b) Children and Terrorism Information Network.--
            ``(1) Establishment.--The Secretary, acting through the 
        Centers for Disease Control and Prevention, shall establish a 
        Children and Terrorism Information Network to collect and 
        disseminate to health providers (including children's hospitals 
        and pediatric units of hospitals), community centers (including 
        poison control centers), and schools (including school-based 
        health clinics) up-to-date information on how to prepare for a 
        biological or chemical terrorist attack and the steps that 
        should be taken to ensure that children get the health care 
        they need in the event of such an attack.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, $10,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each subsequent fiscal year. Amounts appropriated under the 
        preceding sentence shall remain available to carry out this 
        section until expended.
    ``(c) National Pharmaceutical Stockpile Program.--
            ``(1) In general.--The Secretary, acting through the 
        Centers for Disease Control and Prevention, shall provide for 
        the inclusion of supplies, equipment, and instructions as are 
        appropriate for use with respect to children in push packs and 
        Vendor Management Inventories under the National Pharmaceutical 
        Stockpile Program.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, $50,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each subsequent fiscal year. Amounts appropriated under the 
        preceding sentence shall remain available to carry out this 
        section until expended.
    ``(d) Securing Our Social Services Infrastructure To Support 
Children and Families.--
            ``(1) In general.--The Secretary shall award grants to 
        eligible entities to enable such entities to implement, 
        develop, expand or increase the capacity of 2-1-1 call centers, 
        or other universal hotlines, in order to connect the public to 
        all available information hotlines, or call centers, developed 
        in response to disaster and recovery efforts, as well as to 
        connect the public to existing social services to provide 
        needed help and support to children and families in crisis.
            ``(2) Eligibility.--To be eligible to receive a grant under 
        subsection (a), an entity shall--
                    ``(A) be a non-profit organization working to 
                implement, develop, expand, or increase the capacity of 
                2-1-1 call centers, or other universal hotlines in 
                their State, region or locality; and
                    ``(B) prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, $10,000,000 
        for fiscal year 2002, and such sums as may be necessary for 
        each subsequent fiscal year. Amounts appropriated under the 
        preceding sentence shall remain available to carry out this 
        section until expended.''.
    (b) Pediatric Studies.--Part B of title IV of the Public Health 
Service Act (42 U.S.C. 284 et seq.) is amended--
            (1) by redesignating the second section 409C (relating to 
        clinical research) and the second section 409D (relating to 
        enhancement awards) as sections 409G and 409H, respectively; 
        and
            (2) by inserting after section 409H (as so redesignated), 
        the following:

``SEC. 409I. PEDIATRIC STUDIES OF DRUGS AND BIOLOGICS, INCLUDING 
              VACCINES, USED TO PREVENT AND TREAT ILLNESSES AND INJURY 
              CAUSED BY BIOLOGICAL OR CHEMICAL AGENTS USED IN WARFARE 
              AND TERRORISM.

    ``(a) Publication of List.--Not later than 1 year after the date of 
enactment of this section, and annually thereafter, the Secretary shall 
develop and maintain a secure and confidential list of drugs and 
biologics, including vaccines, that may be used to prevent and treat 
illnesses and injury caused by biological or chemical agents used in 
acts of warfare or terrorism and which require pediatric testing.
    ``(b) Testing Plan.--Not later than 1 year after the date of 
enactment of this section, and annually thereafter, the Secretary shall 
develop a plan to--
            ``(1) provide for the timely pediatric testing and labeling 
        of the agents on the list developed under subsection (a) for 
        the year involved; and
            ``(2) coordinate such testing and labeling program with 
        activities conducted under existing laws and regulations 
        concerning pediatric testing of drugs and biologics.
    ``(c) Contracts.--The Secretary may award contracts to entities 
that have the expertise to conduct pediatric clinical trials (including 
qualified universities, hospitals, laboratories, contract research 
organizations, federally funded programs such as pediatric pharmacology 
research units, other public or private institutions or, individuals) 
to enable such entities to conduct pediatric studies concerning drugs 
and biologics, including vaccines, that are used to prevent and treat 
illnesses and injuries caused by biological or chemical agents used in 
acts of warfare or terrorism.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $20,000,000 for fiscal year 
2002, and such sums as may be necessary for each subsequent fiscal 
year. Amounts appropriated under the preceding sentence shall remain 
available to carry out this section until expended.''.
    (c) Training.--Subpart 2 of part E of title VII of the Public 
Health Service Act (42 U.S.C. 295 et seq.) is amended--
            (1) in section 770(a), by inserting ``other than section 
        770A,'' after ``subpart,''; and
            (2) by adding at the end the following:

``SEC. 770A. TRAINING FOR PEDIATRIC ISSUES SURROUNDING BIOLOGICAL AND 
              CHEMICAL AGENTS USED IN WARFARE AND TERRORISM.

    ``(a) Grants.--The Secretary, acting through the Director of Health 
Resources and Services Administration, shall award grants to eligible 
entities to enable such entities to--
            ``(1) provide for the education and training of clinicians 
        (including nurses) in the pediatric consequences, systems, and 
        treatment of biological and chemical agents; and
            ``(2) assist in the development and distribution of 
        accurate educational materials on the pediatric consequences, 
        symptoms and treatment of biological or chemical agents.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            ``(1) be a children hospital, a pediatric unit of a 
        hospital, a professional organization, or any other entity that 
        the Secretary determines to be appropriate; and
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $50,000,000 for fiscal year 
2002, and such sums as may be necessary for each subsequent fiscal 
year. Amounts appropriated under the preceding sentence shall remain 
available to carry out this section until expended.''.

SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
              1965.

    Subpart 2 of part A of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at 
the end the following:

``SEC. 4124. SCHOOL EVACUATIONS, SAFE PLACES AND PARENTAL 
              NOTIFICATIONS.

    ``(a) Recommendations and Models.--Not later than 60 days after the 
date of enactment of this section, the Secretary shall develop 
recommendations and models to assist communities in developing--
            ``(1) school evacuation plans;
            ``(2) safe places for children to go in case of an attack 
        on a school or individuals in the school;
            ``(3) partnerships with the medical community to ensure 
        that children get the immediate care they need in the event of 
        such an attack; and
            ``(4) procedures for notifying parents of evacuation plans 
        and providing information on how and where to find their child 
or children in the event of such an attack.
    ``(b) Dissemination.--The Secretary shall ensure that the 
recommendations and models developed under subsection (a) are 
disseminated to local school districts throughout the United States, 
and, in coordination with the Secretary of Health and Human Services, 
to the health provider and public health communities.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $1,000,000 for fiscal year 
2002, and such sums as may be necessary for each subsequent fiscal 
year. Amounts appropriated under the preceding sentence shall remain 
available to carry out this section until expended.

``SEC. 4125. MENTAL HEALTH SERVICES FOR CHILDREN AND THEIR CAREGIVERS.

    ``(a) Grants.--The Secretary, jointly with the Secretary of Health 
and Human Services, shall award grants to eligible entities to enable 
such entities to develop and implement a plan for the provision of 
comprehensive mental health services for children, school faculty, and 
child care providers who are affected by terrorist attacks, times of 
war, or other major crisis.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            ``(1) be a local educational agency, a community-based 
        organization, a community mental health organization, a 
        professional organization, or a partnership of such entities; 
        and
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $20,000,000 for fiscal year 
2002, and such sums as may be necessary for each subsequent fiscal 
year. Amounts appropriated under the preceding sentence shall remain 
available to carry out this section until expended.''.

SEC. 5. AMENDMENTS TO THE ROBERT T. STAFFORD DISASTER RELIEF AND 
              EMERGENCY ASSISTANCE ACT.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 et seq.) is amended by inserting after 
section 410, the following:

``SEC. 411. CHILDREN'S ASSISTANCE.

    ``(a) Children's Coordinating Officer.--Upon a determination by the 
President that children have lost their custodial parent or parents in 
an area declared a disaster area by the President under this Act, the 
President shall appoint an individual to serve as a Children's 
Coordinating Officer for the area. Such Officer shall provide necessary 
support and assistance for such children to ensure their immediate care 
and transition to a permanent and loving family.
    ``(b) Functions.--A Children's Coordinating Officer appointed under 
subsection (a) shall partner with relevant Federal, State and local 
governmental agencies, and coordinate all efforts by community-based 
organizations, foundations, funds, or other organizations, to direct 
and coordinate the provision of 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 
        the victims of the disaster; and
            ``(5) mental health services.''.
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