[Congressional Record Volume 147, Number 136 (Thursday, October 11, 2001)]
[Senate]
[Pages S10649-S10652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. CLINTON (for herself, Mr. Dodd, Mrs. Murray, Ms. 
        Mikulski, Mr. Schumer, Mr. Bingaman, and Mr. Corzine):
  S. 1539. A bill to protect children from terrorism; to the Committee 
on Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, on this, the one month anniversary of 
the horrifying terrorist attacks of September 11, I rise to introduce a 
bill that I believe will provide protection from future terrorist 
attacks for the most vulnerable members of our society: children.
  In preparing for threats ahead, we must also examine what happened to 
our children on September 11--we must consider the impact of the 
attacks on children in New York and Virginia, and all of the affected 
states and regions, as well as the impact on children throughout the 
Nation. We must do all we can to support and assist these children in 
their recovery, as well as protect children in the future who, God 
forbid, may face similarly horrifying attacks.
  People in New York, and around the country, are looking for 
information and assurance that their children's needs are being taken 
into account as we prepare for future terrorist threats.
  Parents have been coming up to me in New York and asking important 
questions about how to protect their children in the case of a threat.
  And, students have been writing to me asking to protect them as we 
move ahead into a more uncertain world. Sheryl De Los Santos, a student 
at I.S. 383, a middle school in Brooklyn, writes:


[[Page S10650]]


       During the tragic loss of the Twin Towers my reaction to 
     this loss was why? Why would someone do this to our country? 
     When I saw them come down, I totally lost it. I cried. I 
     cried even more when I heard how many people died. I feel 
     angry, hurt, sad, mad, scared and horrified all at the same 
     time. I even feel confused. I feel scared because if anything 
     else happened I would go crazy. I feel angry for what they 
     did because I have never been to the Twin Towers. I feel sad 
     and hurt because of so many lost lives. Though I am not 
     saying it is your fault because it is not. I am writing to 
     you to tell you that America's safety has been sleeping on 
     the job. Maybe you can have more security.

  I think it's important that we provide parents and their children 
with the assurance that we are working to protect them and we must 
replace fear with facts.
  As we consider potential terrorist threats, the threat of bioterrorsm 
has felt all too real particularly as a criminal investigation goes on 
in Florida on the three individuals who were exposed to anthrax.
  My bill, Protecting Children Against Terrorism Act, will ensure that 
as we take steps to prepare for the threat of bioterrorism, we take 
into account children's health needs.
  I am extremely concerned that we are not paying a sufficient amount 
of attention to the unique needs of children in our efforts to plan and 
prepare for future attacks.
  Children have special needs relating to bioterrorism. First, they are 
particularly susceptible to biological and chemical attacks. Some dense 
nerve gas agents, like Sarin, concentrate lower to the ground, near the 
breathing zone of children. Also, because children have more rapid 
respiratory rates and larger surface to mass ratios, they anatomically 
are more vulnerable to exposures.
  And yet, the tools of our response to bioterrorism are less effective 
for children's needs.
  My legislation, the Protecting America's Children Against Terrorism 
Act, would create a national task force comprised of: children health 
experts on infectious disease, environmental health and toxicology; 
members of esteemed organizations like the American Academy of 
Pediatrics and the National Association of Children's Hospitals; and 
representatives of relevant federal agencies.
  These national children's health experts would look at our health 
system to ensure that, as we're stepping up our response efforts, the 
medicine and treatments fit the health needs of children.
  For instance, as we're making sure we have antidotes to threatening 
diseases, we need to ensure that these have been tested not just on 
adults, but on children too.
  As my colleagues, Senators Dodd, DeWine, Kennedy, and others with 
whom I have worked closely on the pediatric testing issue know, many 
pharmaceutical manufacturers have not tested, or properly dosed 
antidotes, antibiotics, or other agents for use on children. My 
legislation would insist that we do this testing.
  And CDC ``push packs'' and other emergency response supply systems do 
not take into account the special medical needs of children. I am 
calling for CDC to revise their emergency response supply to take into 
account the needs of kids.
  My legislation would also ensure that the expert doctors and health 
professionals, who would be on the frontlines in responding to an 
attack, are trained and equipped to treat children too. These doctors 
need to know whether a certain disease or chemical agent will affect a 
child differently than an adult and which treatment is most effective 
for children.
  The final step is providing parents with information so that they can 
rest assured that there are doctors and medicine that are specially 
trained and developed to help their children.
  We must also ensure that the place in which children spend much of 
their days are protected, our schools. On September 11, New York's 
teachers, school personnel and child care providers acted with great 
bravery and skill as they safely evacuated school children from the 
schools and child care centers in and around the World Trade Center. As 
a result, no students were physically harmed during the attacks.
  Are all schools prepared to safely evacuate students? Did New York do 
it perfectly? The answers are, of course, ``no.''
  Lisa Swovick, a mother from Rochester, wrote the following email to 
me:

       Having grown up during the Cold War, I remember practicing 
     drills in school should we become victims of a nuclear 
     attack. I also remember learning about the nearest shelter to 
     go to should the attack happen. It was the neighborhood 
     school and library. We were instructed to go there and there 
     would be food and shelter provided in an emergency. I would 
     like to know, if during the present time of much dialog of 
     possible biological terrorist attacks on America, if it would 
     be a good idea for these shelters to return. There are scary 
     thoughts to have, however, I had to deal with the thought of 
     a nuclear attack from Russia as a child. I only fear that we 
     won't be as prepared as we might have been in the 1960s for 
     the present-day dangers of our very uncertain world.

  In my bill, I ask that the Secretary of Education develop 
recommendations and models to help communities develop school 
evacuation plans, safe places for children to go in case of an attack, 
partnerships with the medical community to ensure that children get the 
immediate care they need, and recommendations for notifying parents of 
evacuation plans and information on how and where to find their child 
or children in the wake of an attack.
  As we prepare for threats ahead, we cannot forget the many, many 
children who have already been severely affected by the terrorism of 
September 11.
  Children are especially susceptible to the terrible emotional and 
mental anguish that terrorist attacks cause, whether they have a parent 
who was called into military duty, lost a parent in the attack or 
actually witnessed the violence themselves.
  My legislation would help address this immense need by providing 
grants to community groups, and schools to make sure that children's 
mental health needs are met.
  And we need to make sure that our disaster relief assistance is 
tailored to help children who have been orphaned or lost a parent in an 
attack. We do not yet know the numbers of children who lost a parent in 
the September 11 attacks, but some have speculated that it could be as 
high as 10,000 children.
  My legislation would create an office of children's services within 
FEMA for helping children who lose a parent in a disaster by offering 
them many different types of support, such as counseling and legal 
services for adoption.
  And, finally, I believe we must shore-up our social services 
infrastructure.
  In the wake of the September 11th terrorist attacks, over 400 hotline 
numbers were established in order to provide help and information for 
families and victims of the terrorist attacks. These numbers were on 
top of the thousands of existing non-profit organizations and Federal, 
State and city governmental agencies that provide human and social 
services to help children and families in crisis.
  My legislation would also include funding to implement 2-1-1, a 
universal hotline designed by the United Way and approved by the 
Federal Communication Commission to be used to connect children and 
families with the help they need.
  I appreciate the support I have already received for this legislation 
and I am proud to have co-sponsorships from: Senators Dodd, Murray, 
Mikulski, Schumer, Bingaman, and Corzine. Today, I ask my colleagues to 
consider the needs of children and co-sponsor my Protecting America's 
Children Against Terrorism Act.
  I ask unanimous consent that the text of my bill on ``Protecting 
Children Against Terrorism'' be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1539

       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

[[Page S10651]]

     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 that 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

[[Page S10652]]

     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 partnerships 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.''.
                                 ______