[Congressional Record (Bound Edition), Volume 159 (2013), Part 9]
[Senate]
[Pages 13517-13518]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CORNYN (for himself, Ms. Collins, Mr. Cruz, Mr. Moran, and 
        Ms. Ayotte):
  S. 1500. A bill to declare the November 5, 2009, attack at Fort Hood, 
Texas, a terrorist attack, and to ensure that the victims of the attack 
and their families receive the same honors and benefits as those 
Americans who have been killed or wounded in a combat zone overseas and 
their families; to the Committee on Armed Services.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1500

       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 ``Honoring the Fort Hood 
     Heroes Act''.

     SEC. 2. DECLARATIONS OF POLICY.

       Congress makes the following declarations of policy:
       (1) The November 5, 2009, attack at Fort Hood, Texas 
     constituted an act of terrorism, not merely workplace 
     violence.
       (2) The United States Government has a fundamental duty to 
     our military service members to safeguard them against 
     avoidable harm in the course of their service, and the attack 
     on Fort Hood could and should have been prevented.
       (3) Nidal Hasan, the perpetrator of the attack, had become 
     radicalized while serving in the United States Army and was 
     principally motivated to carry out the attack by an ideology 
     of violent Islamist extremism.
       (4) Through his actions that day, Nidal Hasan proved 
     himself to be not just a terrorist, but also a traitor and an 
     enemy of the United States.

     SEC. 3. AWARDS REQUIRED.

       (a) Purple Heart.--The Secretary of the military department 
     concerned shall award the Purple Heart to the members of the 
     Armed Forces who were killed or wounded in the attack that 
     occurred at Fort Hood, Texas, on November 5, 2009.
       (b) Secretary of Defense Medal for the Defense of 
     Freedom.--The Secretary of Defense shall award the Secretary 
     of Defense Medal for the Defense of Freedom to civilian 
     employees of the Department of Defense and civilian 
     contractors who were killed or wounded in the attack that 
     occurred at Fort Hood, Texas, on November 5, 2009.

     SEC. 4. BENEFITS FOR MEMBERS OF THE ARMED FORCES AND CIVILIAN 
                   EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO WERE 
                   KILLED OR WOUNDED IN THE NOVEMBER 5, 2009, 
                   ATTACK AT FORT HOOD, TEXAS.

       (a) Treatment.--For purposes of all applicable Federal 
     laws, regulations, and policies, a member of the Armed Forces 
     or civilian employee of the Department of Defense who was 
     killed or wounded in the attack that occurred at Fort Hood, 
     Texas, on November 5, 2009, shall be deemed, effective as of 
     such date, as follows:
       (1) In the case of a member, to have been killed or wounded 
     in a combat zone as the result of an act of an enemy of the 
     United States.
       (2) In the case of a civilian employee of the Department of 
     Defense--
       (A) to have been killed or wounded by hostile action while 
     serving with the Armed Forces in a contingency operation; and
       (B) to have been killed or wounded in a terrorist attack.
       (b) Exception.--Subsection (a) shall not apply to a member 
     of the Armed Forces whose death or wound as described in that 
     subsection is the result of the willful misconduct of the 
     member.
       (c) Coverage of Psychological Injuries.--Subsection (a) 
     applies to members of the Armed Forces and civilian employees 
     of the Department of Defense suffering from Post-Traumatic 
     Stress Disorder (PTSD) or other psychological injuries as a 
     result of the attack that occurred at Fort Hood, Texas, on 
     November 5, 2009.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Kirk, Mr. Bennet, Mr. Cardin, Mr. 
        Warner, Mr. Tester, Mrs. Shaheen, Mr. Baucus, Ms. Landrieu, Mr. 
        Cochran, Mr. Whitehouse, Mr. Rubio, Mr. Johnson of South 
        Dakota, Mr. Blunt, Ms. Cantwell, Ms. Mikulski, Mr. Blumenthal, 
        Mr. Sanders, Mr. Franken, Mrs. Hagan, and Mr. Markey):
  S. 1503. A bill to amend the Public Health Service Act to increase 
the preference given, in awarding certain asthma-related grants, to 
certain States (those allowing trained school personnel to administer 
epinephrine and meeting other related requirements); to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, every day almost 50 million children pass 
through the doors of public schools across the country.
  For these young people, school is a place to learn, make friends, and 
be exposed to new things.
  For a small number of children, however, lunch time, a classmate's 
birthday party, or a piece of candy from a friend can risk exposure to 
foods that can cause a severe and life-threatening allergic reaction.
  Although food allergies are common--with one out of every 25 children 
having a food allergy--you may not personally know a child that suffers 
from severe food allergies.
  But I am sure you have heard the sad stories about students trying a 
new food at lunch or accidentally eating something containing peanuts 
or soy.
  Most of us wouldn't even notice the peanuts or soy, but for these 
kids the consequences can be fatal.
  Their throats constrict, making them fight for every breath. And if 
they don't get a life-saving shot of epinephrine within minutes they 
can die.

[[Page 13518]]

  Last year, I met with the mother of 7-year-old Amarria Johnson from 
Virginia.
  One day at recess a friend gave Amarria a peanut, which triggered a 
severe allergic reaction.
  By the time emergency crews arrived they could not resuscitate her.
  This was the first time Amarria had a severe allergic reaction, so 
she did not have an epinephrine shot prescribed for her at the school 
to use in an emergency.
  Almost 4 years ago in my home state, a 13-year-old named Katelyn 
Carlson passed away from a severe allergic reaction after she ate 
Chinese food during a party in her 7th grade class.
  Our hearts ache when we hear tragic stories like this, but in most 
cases they could have been prevented.
  A year after Katelyn passed away, Illinois Governor Quinn signed a 
law that I hope will prevent another child from dying from an 
anaphylactic reaction because the school does not have epinephrine on 
hand.
  Today I introduced, along with Senator Kirk, a bill that encourages 
every state to follow Illinois' example.
  The School Access to Emergency Epinephrine Act encourages states to 
require all schools to maintain a supply of epinephrine on the premises 
and to allow trained school personnel to administer epinephrine if a 
child is having a serious anaphylactic reaction.
  Schools can help by being prepared and allowed to treat a child in 
the few minutes they have to save their life.
  Considering that children spend about 28 percent of their time at 
school, schools can and should play a role in responding to students 
that have a severe and potentially fatal allergic reaction.
  Currently students with severe allergies are allowed to self-
administer epinephrine if they are having a serious allergic reaction.
  But what if the child forgets their epinephrine at home?
  What about the many children who don't even know they have an 
allergy?
  About 25 percent of epinephrine administrations in schools involve 
young people with no previous allergy.
  Dying from a severe allergic reaction is preventable.
  Unfortunately most of our schools are not prepared for the likely 
event that a student has a severe allergic reaction.
  A 2001 study on a small group of young people found that 28 percent 
of school-aged children who died due to allergic reaction, died at 
school, and epinephrine was either not administered or was administered 
too late.
  We can do better.
  States should require schools to keep epinephrine on hand, and school 
personnel need to be trained to identify a severe allergic reaction and 
know how to respond.
  I will work with Senator Kirk and my colleagues in Congress to pass 
this bill, which I hope will help protect kids when they try a new food 
during lunch time or are given a cookie from a classmate.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1503

       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 ``School Access to Emergency 
     Epinephrine Act''.

     SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW 
                   TRAINED SCHOOL PERSONNEL TO ADMINISTER 
                   EPINEPHRINE.

       Section 399L(d) of part P of title III of the Public Health 
     Service Act (42 U.S.C. 280g(d)) is amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(F) School personnel administration of epinephrine.--In 
     determining the preference (if any) to be given to a State 
     under this subsection, the Secretary shall give additional 
     preference to a State that provides to the Secretary the 
     certification described in subparagraph (G) and that requires 
     that each public elementary school and secondary school in 
     the State--
       ``(i) permits trained personnel of the school to administer 
     epinephrine to any student of the school reasonably believed 
     to be having an anaphylactic reaction;
       ``(ii) maintains a supply of epinephrine in a secure 
     location that is easily accessible to trained personnel of 
     the school for the purpose of administration to any student 
     of the school reasonably believed to be having an 
     anaphylactic reaction; and
       ``(iii) has in place a plan for having on the premises of 
     the school during all operating hours of the school one or 
     more individuals who are trained personnel of the school.
       ``(G) Civil liability protection law.--The certification 
     required in subparagraph (F) shall be a certification made by 
     the State attorney general that the State has reviewed any 
     applicable civil liability protection law to determine the 
     application of such law with regard to elementary and 
     secondary school trained personnel who may administer 
     epinephrine to a student reasonably believed to be having an 
     anaphylactic reaction and has concluded that such law 
     provides adequate civil liability protection applicable to 
     such trained personnel. For purposes of the previous 
     sentence, the term `civil liability protection law' means a 
     State law offering legal protection to individuals who give 
     aid on a voluntary basis in an emergency to an individual who 
     is ill, in peril, or otherwise incapacitated.''; and
       (2) in paragraph (3), by adding at the end the following:
       ``(E) The term `trained personnel' means, with respect to 
     an elementary or secondary school an individual--
       ``(i) who has been designated by the principal (or other 
     appropriate administrative staff) of the school to administer 
     epinephrine on a voluntary basis outside their scope of 
     employment;
       ``(ii) who has received training in the administration of 
     epinephrine; and
       ``(iii) whose training in the administration of epinephrine 
     meets appropriate medical standards and has been documented 
     by appropriate administrative staff of the school.''.

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