Congressional Record, Volume 161 Issue 55 (Thursday, April 16, 2015)

[Congressional Record Volume 161, Number 55 (Thursday, April 16, 2015)]
[Senate]
[Pages S2246-S2253]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. DURBIN (for himself, Mr. Reed, Mrs. Feinstein, and Mr.
Brown):
S. 974. A bill to amend the Fair Labor Standards Act of 1938 to
prohibit employment of children in tobacco-related agriculture by
deeming such employment as oppressive child labor; to the Committee on
Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I rise today to talk about the important
issue of child labor in tobacco fields. I want to tell you about
Calvin, a 17-year-old boy just over five feet tall, who migrated to the
United States by himself at age 13, leaving his family behind in
Mexico. Calvin never enrolled in school.
Instead, he joined a migrant crew that travels between several states
to work in different crops. He migrates to Kentucky in August to work
in the tobacco fields. Calvin has worked in tobacco farms since he was
16, and he experiences headaches and nausea from nicotine poisoning.
Calvin said he got sick while working in a curing barn. ``I got a
headache and nausea. I was vomiting,'' he said. ``It happened when I
was hanging the tobacco in the barn.''
I wish that Calvin's experience was unusual. But in May of last year,
the Human Rights Watch published a report based on interviews with over
140 children who worked on U.S. tobacco farms in 2012 or 2013. The
majority of those children were working for hire, and not on a family
farm. Some of the findings are staggering and show that Calvin is not
along.
Human Rights Watch found that child tobacco workers began working on
tobacco farms at age 11 or 12. During peak harvest periods, children
can work as many as 50-60 hours a week. The majority of these children
experience symptoms like nausea, vomiting, loss of appetite, dizziness,
lightheadedness, headaches, and sleeplessness while working on tobacco
farms. These symptoms are consistent with acute nicotine poisoning,
which happens when you absorb nicotine through their skin.
Furthermore, in these conditions, children work in high heat and
humidity and in some instances, they use dangerous tools that include
sharp spikes to spear tobacco plants and climb to dangerous heights to
hang tobacco in curing barns. These children are exposed to pesticides
that are known toxins. Long-term effects of this exposure include
cancer, neurological deficits, and reproductive health problems.
In his first summer in the field, 12-year-old Miguel was topping
tobacco plants on a farm in North Carolina wearing shorts and a short-
sleeved shirt, his torso draped with a black plastic garbage bag to
cover himself from the summer's heavy rainstorms. Miguel wore only
socks--because he did

[[Page S2247]]

not have shoes that could withstand the thick mud from the heavy rain.
Miguel lives with his mother, 13-year-old brother, and 5-year-old
sister in a rural town in North Carolina. He attends a public school
full-time, and works in the fields during his summer break to help
cover the costs of food, clothes, and school supplies for the family.
Miguel was hired by a farm labor contractor to work on different
farms planting sweet potatoes one day, topping tobacco the next. When
asked which crop was harder work, Miguel said, ``tobacco, because you
have to walk, and you have to use your hands all the time. It's really
tiring.''
It is tiring. By the time Miguel got home, he would have trouble
walking because his legs and feet were so sore from working all day.
Not only was 12-year Miguel physically overworked, he, like Calvin,
also had to deal with frequent headaches, caused by nicotine poisoning,
from working in the tobacco fields. He said, ``It was horrible. It felt
like there was something in my head trying to eat it.''
I am introducing legislation today, with Senator Reed of Rhode
Island, Senator Feinstein and Senator Brown to take children like
Calvin and Miguel out of the tobacco fields. Our bill would make it
illegal to allow children under the age of 18 to handle tobacco plants
or dried tobacco leaves.
Currently, U.S. law prohibits children under the age of 18 from
buying cigarettes . . . but allows children as young as 12 to work in
tobacco fields. In most other jobs in the U.S., children are not
allowed to work before the age of 15.
Today, there are no specific restrictions protecting children from
nicotine poisoning or other risks associated with tobacco farming in
this country. The United States is the 4th leading tobacco producer in
the world, behind China, Brazil, and India. Even Brazil and India
prohibit children under 18 from working in tobacco production.
It's time for the United States to adopt similar restrictions. Our
children shouldn't be working long hours with a plant that makes them
sick. I encourage my colleagues to work with me to pass S. 974, the
Children Don't Belong on Tobacco Farms Act.
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. 974

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TOBACCO-RELATED AGRICULTURE EMPLOYMENT OF
CHILDREN.

Section 3(l) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(l)) is amended--
(1) in this first sentence--
(A) by striking ``in any occupation, or (2)'' and inserting
``in any occupation, (2)''; and
(B) by inserting before the semicolon the following: ``, or
(3) any employee under the age of eighteen years has direct
contact with tobacco plants or dried tobacco leaves''; and
(2) in the second sentence, by striking ``other than
manufacturing and mining'' and inserting ``, other than
manufacturing, mining, and tobacco-related agriculture as
described in paragraph (3) of the first sentence of this
subsection,''.
______

By Mr. DURBIN (for himself, Mr. Reed, Mr. Whitehouse, and Mr.
Franken):
S. 975. A bill to prohibit the award of Federal Government contracts
to inverted domestic corporations, and for other purposes; to the
Committee on Homeland Security and Governmental Affairs.
Mr. DURBIN. 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. 975

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 ``American Business for
American Companies Act of 2015''.

SEC. 2. PROHIBITION ON AWARDING CONTRACTS TO INVERTED
DOMESTIC CORPORATIONS.

(a) Civilian Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:

``Sec. 4713. Prohibition on awarding contracts to inverted
domestic corporations

``(a) Prohibition.--
``(1) In general.--The head of an executive agency may not
award a contract for the procurement of property or services
to--
``(A) any foreign incorporated entity that such head has
determined is an inverted domestic corporation or any
subsidiary of such entity; or
``(B) any joint venture if more than 10 percent of the
joint venture (by vote or value) is held by a foreign
incorporated entity that such head has determined is an
inverted domestic corporation or any subsidiary of such
entity.
``(2) Subcontracts.--
``(A) In general.--The head of an executive agency shall
include in each contract for the procurement of property or
services awarded by the executive agency with a value in
excess of $10,000,000, other than a contract for exclusively
commercial items, a clause that prohibits the prime
contractor on such contract from--
``(i) awarding a first-tier subcontract with a value
greater than 10 percent of the total value of the prime
contract to an entity or joint venture described in paragraph
(1); or
``(ii) structuring subcontract tiers in a manner designed
to avoid the limitation in paragraph (1) by enabling an
entity or joint venture described in paragraph (1) to perform
more than 10 percent of the total value of the prime contract
as a lower-tier subcontractor.
``(B) Penalties.--The contract clause included in contracts
pursuant to subparagraph (A) shall provide that, in the event
that the prime contractor violates the contract clause--
``(i) the prime contract may be terminated for default; and
``(ii) the matter may be referred to the suspension or
debarment official for the appropriate agency and may be a
basis for suspension or debarment of the prime contractor.
``(b) Inverted Domestic Corporation.--
``(1) In general.--For purposes of this section, a foreign
incorporated entity shall be treated as an inverted domestic
corporation if, pursuant to a plan (or a series of related
transactions)--
``(A) the entity completes before, on, or after May 8,
2014, the direct or indirect acquisition of--
``(i) substantially all of the properties held directly or
indirectly by a domestic corporation; or
``(ii) substantially all of the assets of, or substantially
all of the properties constituting a trade or business of, a
domestic partnership; and
``(B) after the acquisition, either--
``(i) more than 50 percent of the stock (by vote or value)
of the entity is held--

``(I) in the case of an acquisition with respect to a
domestic corporation, by former shareholders of the domestic
corporation by reason of holding stock in the domestic
corporation; or
``(II) in the case of an acquisition with respect to a
domestic partnership, by former partners of the domestic
partnership by reason of holding a capital or profits
interest in the domestic partnership; or

[[Page S2248]]

Treasury (or the Secretary's delegate) may issue regulations
decreasing the threshold percent in any of the tests under
such regulations for determining if business activities
constitute significant domestic business activities for
purposes of this paragraph.
``(c) Waiver.--
``(1) In general.--The head of an executive agency may
waive subsection (a) with respect to any Federal Government
contract under the authority of such head if the head
determines that the waiver is--
``(A) required in the interest of national security; or
``(B) necessary for the efficient or effective
administration of Federal or Federally-funded--
``(i) programs that provide health benefits to individuals;
or
``(ii) public health programs.
``(2) Report to congress.--The head of an executive agency
issuing a waiver under paragraph (1) shall, not later than 14
days after issuing such waiver, submit a written notification
of the waiver to the relevant authorizing committees of
Congress and the Committees on Appropriations of the Senate
and the House of Representatives.
``(d) Applicability.--
``(1) In general.--Except as provided in paragraph (2),
this section shall not apply to any contract entered into
before the date of the enactment of this section.
``(2) Task and delivery orders.--This section shall apply
to any task or delivery order issued after the date of the
enactment of this section pursuant to a contract entered into
before, on, or after such date of enactment.
``(3) Scope.--This section applies only to contracts
subject to regulation under the Federal Acquisition
Regulation.
``(e) Definitions and Special Rules.--
``(1) Definitions.--In this section, the terms `expanded
affiliated group', `foreign incorporated entity', `person',
`domestic', and `foreign' have the meaning given those terms
in section 835(c) of the Homeland Security Act of 2002 (6
U.S.C. 395(c)).
``(2) Special rules.--In applying subsection (b) of this
section for purposes of subsection (a) of this section, the
rules described under 835(c)(1) of the Homeland Security Act
of 2002 (6 U.S.C. 395(c)(1)) shall apply.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 47 of title 41, United States Code, is
amended by inserting after the item relating to section 4712
the following new item:

``4713. Prohibition on awarding contracts to inverted domestic
corporations.''.

(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2338. Prohibition on awarding contracts to inverted
domestic corporations

``(a) Prohibition.--
``(1) In general.--The head of an agency may not award a
contract for the procurement of property or services to--
``(A) any foreign incorporated entity that such head has
determined is an inverted domestic corporation or any
subsidiary of such entity; or
``(B) any joint venture if more than 10 percent of the
joint venture (by vote or value) is owned by a foreign
incorporated entity that such head has determined is an
inverted domestic corporation or any subsidiary of such
entity.
``(2) Subcontracts.--
``(A) In general.--The head of an executive agency shall
include in each contract for the procurement of property or
services awarded by the executive agency with a value in
excess of $10,000,000, other than a contract for exclusively
commercial items, a clause that prohibits the prime
contractor on such contract from--
``(i) awarding a first-tier subcontract with a value
greater than 10 percent of the total value of the prime
contract to an entity or joint venture described in paragraph
(1); or
``(ii) structuring subcontract tiers in a manner designed
to avoid the limitation in paragraph (1) by enabling an
entity or joint venture described in paragraph (1) to perform
more than 10 percent of the total value of the prime contract
as a lower-tier subcontractor.
``(B) Penalties.--The contract clause included in contracts
pursuant to subparagraph (A) shall provide that, in the event
that the prime contractor violates the contract clause--
``(i) the prime contract may be terminated for default; and
``(ii) the matter may be referred to the suspension or
debarment official for the appropriate agency and may be a
basis for suspension or debarment of the prime contractor.
``(b) Inverted Domestic Corporation.--
``(1) In general.--For purposes of this section, a foreign
incorporated entity shall be treated as an inverted domestic
corporation if, pursuant to a plan (or a series of related
transactions)--
``(A) the entity completes before, on, or after May 8,
2014, the direct or indirect acquisition of--
``(i) substantially all of the properties held directly or
indirectly by a domestic corporation; or
``(ii) substantially all of the assets of, or substantially
all of the properties constituting a trade or business of, a
domestic partnership; and
``(B) after the acquisition, either--
``(i) more than 50 percent of the stock (by vote or value)
of the entity is held--

``(ii) the management and control of the expanded
affiliated group which includes the entity occurs, directly
or indirectly, primarily within the United States, as
determined pursuant to regulations prescribed by the
Secretary of the Treasury, and such expanded affiliated group
has significant domestic business activities.
``(2) Exception for corporations with substantial business
activities in foreign country of organization.--
``(A) In general.--A foreign incorporated entity described
in paragraph (1) shall not be treated as an inverted domestic
corporation if after the acquisition the expanded affiliated
group which includes the entity has substantial business
activities in the foreign country in which or under the law
of which the entity is created or organized when compared to
the total business activities of such expanded affiliated
group.
``(B) Substantial business activities.--The Secretary of
the Treasury (or the Secretary's delegate) shall establish
regulations for determining whether an affiliated group has
substantial business activities for purposes of subparagraph
(A), except that such regulations may not treat any group as
having substantial business activities if such group would
not be considered to have substantial business activities
under the regulations prescribed under section 7874 of the
Internal Revenue Code of 1986, as in effect on May 8, 2014.
``(3) Significant domestic business activities.--
``(A) In general.--For purposes of paragraph (1)(B)(ii), an
expanded affiliated group has significant domestic business
activities if at least 25 percent of--
``(i) the employees of the group are based in the United
States;
``(ii) the employee compensation incurred by the group is
incurred with respect to employees based in the United
States;
``(iii) the assets of the group are located in the United
States; or
``(iv) the income of the group is derived in the United
States.
``(B) Determination.--Determinations pursuant to
subparagraph (A) shall be made in the same manner as such
determinations are made for purposes of determining
substantial business activities under regulations referred to
in paragraph (2) as in effect on May 8, 2014, but applied by
treating all references in such regulations to `foreign
country' and `relevant foreign country' as references to `the
United States'. The Secretary of the Treasury (or the
Secretary's delegate) may issue regulations decreasing the
threshold percent in any of the tests under such regulations
for determining if business activities constitute significant
domestic business activities for purposes of this paragraph.
``(c) Waiver.--
``(1) In general.--The head of an agency may waive
subsection (a) with respect to any Federal Government
contract under the authority of such head if the head
determines that the waiver is required in the interest of
national security or is necessary for the efficient or
effective administration of Federal or Federally-funded
programs that provide health benefits to individuals.
``(2) Report to congress.--The head of an agency issuing a
waiver under paragraph (1) shall, not later than 14 days
after issuing such waiver, submit a written notification of
the waiver to the Committees on Armed Services and
Appropriations of the Senate and the House of
Representatives.
``(d) Applicability.--
``(1) In general.--Except as provided in paragraph (2),
this section shall not apply to any contract entered into
before the date of the enactment of this section.
``(2) Task and delivery orders.--This section shall apply
to any task or delivery order issued after the date of the
enactment of this section pursuant to a contract entered into
before, on, or after such date of enactment.
``(3) Scope.--This section applies only to contracts
subject to regulation under the Federal Acquisition
Regulation and the Defense Supplement to the Federal
Acquisition Regulation.
``(e) Definitions and Special Rules.--
``(1) Definitions.--In this section, the terms `expanded
affiliated group', `foreign incorporated entity', `person',
`domestic', and `foreign' have the meaning given those terms
in section 835(c) of the Homeland Security Act of 2002 (6
U.S.C. 395(c)).
``(2) Special rules.--In applying subsection (b) of this
section for purposes of subsection (a) of this section, the
rules described under 835(c)(1) of the Homeland Security Act
of 2002 (6 U.S.C. 395(c)(1)) shall apply.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 137 of title 10, United States Code, is
amended by inserting after the item relating to section 2337
the following new item:

``2338. Prohibition on awarding contracts to inverted domestic
corporations.''

(c) Regulations Regarding Management and Control.--
(1) In general.--The Secretary of the Treasury (or the
Secretary's delegate) shall,

[[Page S2249]]

for purposes of section 4713(b)(1)(B)(ii) of title 41, United
States Code, and section 2338(b)(1)(B)(ii) of title 10,
United States Code, as added by subsections (a) and (b),
respectively, prescribe regulations for purposes of
determining cases in which the management and control of an
expanded affiliated group is to be treated as occurring,
directly or indirectly, primarily within the United States.
The regulations prescribed under the preceding sentence shall
apply to periods after May 8, 2014.
(2) Executive officers and senior management.--The
regulations prescribed under paragraph (1) shall provide that
the management and control of an expanded affiliated group
shall be treated as occurring, directly or indirectly,
primarily within the United States if substantially all of
the executive officers and senior management of the expanded
affiliated group who exercise day-to-day responsibility for
making decisions involving strategic, financial, and
operational policies of the expanded affiliated group are
based or primarily located within the United States.
Individuals who in fact exercise such day-to-day
responsibilities shall be treated as executive officers and
senior management regardless of their title.
______

By Mr. TILLIS (for himself and Mr. Burr):
S. 983. A bill to amend the Intermodal Surface Transportation
Efficiency Act of 1991 to designate high priority corridors on the
National Highway System in the State of North Carolina, and for other
purposes; to the Committee on Environment and Public Works.
Mr. TILLIS. Mr. President, I am introducing the Military Corridor
Transportation Improvement Act of 2015, which would amend the
Intermodal Surface Transportation Efficiency Act, ISTEA, of 1991 to
begin the process toward eventually making the US-70 Corridor in North
Carolina part of the Interstate system, and to help fully upgrade the
corridor to interstate standards. My colleague, Senator Richard Burr
has agreed to cosponsor the bill. In addition, Congressman G.K.
Butterfield will be introducing a companion bill in the House of
Representatives.
The Military Corridor Transportation Improvement Act of 2015 would
designate the following as high priority: U.S. Route 117/Interstate
Route 795 from U.S. Route 70 in Goldsboro, NC, to Interstate Route 40
west of Faison, North Carolina; U.S. Route 70 from its intersection
with Interstate Route 40 in Garner, NC, to the Port at Morehead City,
NC.
If the U.S. 70 corridor becomes part of the Interstate system, it
would improve access to military bases in eastern North Carolina and
the Port at Morehead City, as well as ease traffic congestion between
Raleigh and eastern North Carolina.
This bill helps advance the North Carolina Department of
Transportation's Strategic Transportation Corridors Vision, which aims
to provide North Carolina with a network of high priority corridors to
promote economic development and enhance interstate commerce. Federal
High Priority Corridors are eligible for federal funds to assist states
in the coordination, planning, design and construction of nationally
significant transportation corridors for the purposes of economic
growth and international and interregional growth.
In midst of a sluggish national economy, North Carolina has been a
bright spot for growth and innovation, and one of the keys to
sustaining that economic success is through continued investment in
transportation, infrastructure, and our military. The Military Corridor
Transportation Improvement Act is a true bipartisan effort to support
North Carolina's military installations and complement the State's 25
year transportation improvement plan, which in turn will generate
economic development, provide a boost for local communities and create
good-paying jobs.
______

By Mr. WYDEN (for himself, Mr. Merkley, and Mr. Bennet):
S. 987. A bill to amend the Internal Revenue Code of 1986 to allow
deductions and credits relating to expenditures in connection with
marijuana sales conducted in compliance with State law; to the
Committee on Finance.
Mr. WYDEN. Mr. President, I am here today standing up for the people
of Oregon and recognizing their decision to legalize and regulate
marijuana for recreational use in the State.
Together with Senators Merkley and Bennet, I am introducing the Small
Business Tax Equity Act, which will provide more equitable Federal tax
treatment for small marijuana businesses who comply with State law.
This comes after more than 56 percent of Oregonians voted for marijuana
legalization. Congressman Blumenauer is introducing a companion bill in
the House.
Unlike its treatment of all other legal businesses, the tax code
currently denies these marijuana businesses, legitimate businesses, the
ability to deduct ordinary expenses. Expenses, such as employee pay and
rent, that are essential to operating any successful small business.
This is one piece of the equation as Federal tax inequalities for
marijuana businesses extend beyond deductions. For example, other
businesses are also eligible for the Work Opportunity Tax Credit for
hiring veterans. Therefore the inability to make deductions, combined
with other lost credits, often leads to these businesses paying an
effective tax rate ranging from 65-75 percent; compared with other
businesses who pay between 15-30 percent.
This issue is not unique to Oregon. Oregon is one of four States,
along with the District of Columbia, where voters have passed measures
that permit the legal adult use and retail sale of marijuana. Oregon is
one of 23 States, along with the District of Columbia, have passed laws
allowing for the legal use of medical marijuana.
Unfortunately, Federal law has not caught up with changing State
laws, creating contradictions, and leaving these legal businesses in a
tough position.
Today, I am introducing a bill to fix this problem. Marijuana
businesses operating legally under state law should be able to deduct
ordinary business expenses just like any other businesses. Voters have
legalized their product, now let's help create a more level playing
field that recognizes their business operations.
It is the right thing to do. It is only fair that Federal tax law
respect the decision Oregonians, and citizens from other States and the
District of Columbia, made at the polls.
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. 987

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 ``Small Business Tax Equity
Act of 2015''.

SEC. 2. ALLOWANCE OF DEDUCTIONS AND CREDITS RELATING TO
EXPENDITURES IN CONNECTION WITH MARIJUANA SALES
CONDUCTED IN COMPLIANCE WITH STATE LAW.

(a) In General.--Section 280E of the Internal Revenue Code
of 1986 is amended by inserting before the period at the end
the following: ``, unless such trade or business consists of
marijuana sales conducted in compliance with State law''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to taxable years ending after the
date of the enactment of this Act.
______

By Mr. DURBIN:
S. 988. A bill to promote minimum State requirements for the
prevention and treatment of concussions caused by participation in
school sports, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, in Illinois and all over the country
thousands of high school students are participating in spring sports,
including the national pastime: baseball and softball.
As with any sports team, these students are training their growing
bodies to compete in a worthy endeavor, but with that comes some risk.
They put on helmets, they put on pads, but unfortunately some of them
will still get hurt.
Injuries are a part of all sports, but as we learn more about the
long term effects of concussions and how frequently they are ignored,
it is clear we have to step up our game to confront this health risk.
The National Federation of State High School Associations estimates
about 140,000 students who play high school sports have concussions
every year. Sports are second only to motor

[[Page S2250]]

vehicle crashes as the leading cause of traumatic brain injury among
people aged 15 to 24 years.
According to the Centers for Disease Control, the number of children
age 19 and younger being treated in ERs for traumatic brain injuries
went from 153,373 in 2001 to 248,418 in 2009--a 60 percent increase.
Some students stay in the game not recognizing the risks of playing
hurt--especially when they have had a concussion. Many athletes do not
know the signs and symptoms of concussion, which may cause many
concussions to go undetected.
A 2010 Government Accountability Office study found many sports-
related concussions go unreported. Athletes who continue to play while
concussed are at risk for catastrophic injury if they sustain another
concussion before recovering from the first one. This second injury can
cause symptoms that can last for months and can even be fatal. Youth
athletes are at the greatest risk from sports-related concussions
because their brains are still developing and are more susceptible to
injury.
According to the American Academy of Neurology, athletes of high
school age and younger with a concussion should be managed more
conservatively when it comes to returning to play because they take
longer to recover than college athletes.
Since 2009, states have started implementing legislation guiding
return to play procedures for student athletes who have sustained a
concussion.
With a push from the National Football League, NFL, all 50 States and
the District of Columbia have successfully passed some form of
legislation with varying concussion safety measures.
Illinois has been a leader on this issue and passed legislation in
2011, recognizing the dangers associated with concussion. In Illinois,
a student athlete who is suspected of sustaining a concussion or head
injury in a practice or game is immediately removed from the game until
he or she is cleared by a health care professional.
This is a great step forward for Illinois, and I commend the Illinois
High School Association and its support of this legislation for its
work protecting student athletes.
I would like to introduce the Protecting Student Athletes from
Concussions Act, which would support the progress made by states like
Illinois. The bill would, for the first time, set minimum State
requirements for the prevention and treatment of concussions.
The legislation requires schools to post information about
concussions on school grounds and on school websites and adopt a ``when
in doubt, sit it out'' policy.
This policy requires that a student suspected of sustaining a
concussion be removed from participation in the activity and prohibited
from returning to play that day. They can return to play in future
events after being evaluated and cleared by a qualified health care
professional.
The ``when in doubt, sit it out'' policy is recommended by the
American College of Sports Medicine and the American Academy of
Neurology, which recommends that an athlete suspected of a concussion
should not return to play the day of their injury--under any
circumstance.
According to the Center for Injury Research and Policy in Columbus,
Ohio, more than 40 percent of young athletes return to play before they
are fully recovered.
Concussions are not always easily diagnosed, and symptoms that might
indicate concussion don't always manifest themselves immediately.
Athletes don't want to let down the team or the coach and are often
eager to return to the game.
So helping athletes, school officials, coaches and parents recognize
the signs and symptoms of concussion can make all the difference in
putting a player's safety above winning.
This legislation will ensure that school districts have concussion
management plans that educate students, parents, and school personnel
about how to recognize and respond to concussions.
It asks schools to adopt the ``when in doubt, sit it out'' policy to
be sure athletes are not put back in the game before they have
recovered from an initial concussion.
I am pleased that a variety of organizations are supporting this
bill, including the NFL, NCAA, NHL, NBA, American College of Sports
Medicine, American Academy of Neurology, among others.
I look forward to working with the schools, athletic programs and
others to build on the progress already made in protecting student
athletes from concussions.
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. 988

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 Student Athletes
from Concussions Act of 2015''.

SEC. 2. MINIMUM STATE REQUIREMENTS.

(a) Minimum Requirements.--Each State that receives funds
under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) and does not meet the requirements
described in this section, as of the date of enactment of
this Act, shall, not later than the last day of the fifth
full fiscal year after the date of enactment of this Act
(referred to in this Act as the ``compliance deadline''),
enact legislation or issue regulations establishing the
following minimum requirements:
(1) Local educational agency concussion safety and
management plan.--Each local educational agency in the State,
in consultation with members of the community in which such
agency is located, shall develop and implement a standard
plan for concussion safety and management that--
(A) educates students, parents, and school personnel about
concussions, through activities such as--
(i) training school personnel, including coaches, teachers,
athletic trainers, related services personnel, and school
nurses, on concussion safety and management, including
training on the prevention, recognition, and academic
consequences of concussions and response to concussions; and
(ii) using, maintaining, and disseminating to students and
parents--

(I) release forms and other appropriate forms for reporting
and record keeping;
(II) treatment plans; and
(III) prevention and post-injury observation and monitoring
fact sheets about concussion;

(B) encourages supports, where feasible, for a student
recovering from a concussion (regardless of whether or not
the concussion occurred during school-sponsored activities,
during school hours, on school property, or during an
athletic activity), such as--
(i) guiding the student in resuming participation in
athletic activity and academic activities with the help of a
multi-disciplinary concussion management team, which may
include--

(I) a health care professional, the parents of such
student, a school nurse, relevant related services personnel,
and other relevant school personnel; and
(II) an individual who is assigned by a public school to
oversee and manage the recovery of such student; and

(ii) providing appropriate academic accommodations aimed at
progressively reintroducing cognitive demands on the student;
and
(C) encourages the use of best practices designed to
ensure, with respect to concussions, the uniformity of safety
standards, treatment, and management, such as--
(i) disseminating information on concussion safety and
management to the public; and
(ii) applying uniform best practice standards for
concussion safety and management to all students enrolled in
public schools.
(2) Posting of information on concussions.--Each public
elementary school and each public secondary school shall post
on school grounds, in a manner that is visible to students
and school personnel, and make publicly available on the
school website, information on concussions that--
(A) is based on peer-reviewed scientific evidence (such as
information made available by the Centers for Disease Control
and Prevention);
(B) shall include information on--
(i) the risks posed by sustaining a concussion;
(ii) the actions a student should take in response to
sustaining a concussion, including the notification of school
personnel; and
(iii) the signs and symptoms of a concussion; and
(C) may include information on--
(i) the definition of a concussion;
(ii) the means available to the student to reduce the
incidence or recurrence of a concussion; and
(iii) the effects of a concussion on academic learning and
performance.
(3) Response to concussion.--If an individual designated
from among school personnel for purposes of this Act suspects
that a student has sustained a concussion (regardless of
whether or not the concussion occurred during school-
sponsored activities, during school hours, on school
property, or during an athletic activity)--

[[Page S2251]]

(A) the student shall be--
(i) immediately removed from participation in a school-
sponsored athletic activity; and
(ii) prohibited from returning to participate in a school-
sponsored athletic activity--

(I) on the day such student is removed from such
participation; and
(II) until such student submits a written release from a
health care professional stating that the student is capable
of resuming participation in school-sponsored athletic
activities; and

(B) the designated individual shall report to the parent or
guardian of such student--
(i) any information that the designated school employee is
aware of regarding the date, time, and type of the injury
suffered by such student (regardless of where, when, or how a
concussion may have occurred); and
(ii) any actions taken to treat such student.
(4) Return to athletics.--If a student has sustained a
concussion (regardless of whether or not the concussion
occurred during school-sponsored activities, during school
hours, on school property, or during an athletic activity),
before such student resumes participation in school-sponsored
athletic activities, the school shall receive a written
release from a health care professional, that--
(A) states that the student is capable of resuming
participation in such activities; and
(B) may require the student to follow a plan designed to
aid the student in recovering and resuming participation in
such activities in a manner that--
(i) is coordinated, as appropriate, with periods of
cognitive and physical rest while symptoms of a concussion
persist; and
(ii) reintroduces cognitive and physical demands on such
student on a progressive basis only as such increases in
exertion do not cause the reemergence or worsening of
symptoms of a concussion.
(b) Noncompliance.--
(1) First year.--If a State described in subsection (a)
fails to comply with subsection (a) by the compliance
deadline, the Secretary of Education shall reduce by 5
percent the amount of funds the State receives under the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) for the first fiscal year following the
compliance deadline.
(2) Succeeding years.--If the State fails to so comply by
the last day of any fiscal year following the compliance
deadline, the Secretary of Education shall reduce by 10
percent the amount of funds the State receives under that Act
for the following fiscal year.
(3) Notification of noncompliance.--Prior to reducing any
funds that a State receives under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) in
accordance with this subsection, the Secretary of Education
shall provide a written notification of the intended
reduction of funds to the State and to the appropriate
committees of Congress.

SEC. 3. RULE OF CONSTRUCTION.

Nothing in this Act shall be construed to affect civil or
criminal liability under Federal or State law.

SEC. 4. DEFINITIONS.

In this Act:
(1) Concussion.--The term ``concussion'' means a type of
mild traumatic brain injury that--
(A) is caused by a blow, jolt, or motion to the head or
body that causes the brain to move rapidly in the skull;
(B) disrupts normal brain functioning and alters the mental
state of the individual, causing the individual to
experience--
(i) any period of observed or self-reported--

(I) transient confusion, disorientation, or impaired
consciousness;
(II) dysfunction of memory around the time of injury; or
(III) loss of consciousness lasting less than 30 minutes;
or

(ii) any 1 of 4 types of symptoms, including--

(I) physical symptoms, such as headache, fatigue, or
dizziness;
(II) cognitive symptoms, such as memory disturbance or
slowed thinking;
(III) emotional symptoms, such as irritability or sadness;
or
(IV) difficulty sleeping; and

(C) can occur--
(i) with or without the loss of consciousness; and
(ii) during participation in any organized sport or
recreational activity.
(2) Health care professional.--The term ``health care
professional''--
(A) means an individual who has been trained in diagnosis
and management of traumatic brain injury in a pediatric
population; and
(B) includes a physician (M.D. or D.O.) or certified
athletic trainer who is registered, licensed, certified, or
otherwise statutorily recognized by the State to provide such
diagnosis and management.
(3) Local educational agency; state.--The terms ``local
educational agency'' and ``State'' have the meanings given
such terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(4) Related services personnel.--The term ``related
services personnel'' means individuals who provide related
services, as defined under section 602 of the Individuals
with Disabilities Education Act (20 U.S.C. 1401).
(5) School-sponsored athletic activity.--The term ``school-
sponsored athletic activity'' means--
(A) any physical education class or program of a school;
(B) any athletic activity authorized during the school day
on school grounds that is not an instructional activity;
(C) any extra-curricular sports team, club, or league
organized by a school on or off school grounds; and
(D) any recess activity.
______

By Mr. FRANKEN (for himself, Mr. Cornyn, Mr. Leahy, Ms. Ayotte,
Mr. Durbin, Mr. Blunt, Mr. Whitehouse, Mr. Portman, Ms.
Klobuchar, Mr. Coons, Mr. Blumenthal, Mrs. Boxer, Mr. Brown,
Ms. Warren, and Mr. Booker):
S. 993. A bill to increase public safety by facilitating
collaboration among the criminal justice, juvenile justice, veterans
treatment services, mental health treatment, and substance abuse
systems; to the Committee on the Judiciary.
Mr. FRANKEN. Mr. President, I rise to speak about the Comprehensive
Justice and Mental Health Act, a bill I am introducing today with a
number of my Senate colleagues on both sides of the aisle and with
Representative Doug Collins, who is introducing this legislation in the
House. This bipartisan, bicameral bill will improve outcomes for people
with mental illness when they interact with the criminal justice
system. The Judiciary Committee unanimously approved this bill by voice
vote in the last Congress, and I look forward to working with my
colleagues on the committee to move this legislation forward to
consideration by the full Senate.
The Comprehensive Justice and Mental Health Act is meant to address a
very serious problem: The United States has 5 percent of the world's
population but has 25 percent of the world's prison population--in
large part because we have effectively criminalized mental illness.
People with mental health conditions disproportionately are arrested
and incarcerated, but instead of providing people with adequate access
to mental health treatment, we let them fall through the cracks and
languish in prison. As my home county--Hennepin County--Sheriff Rich
Stanek put it, ``Local jails are the largest mental health facilities
in the state of Minnesota,'' and this holds true across our Nation.
Let's be clear. Using our criminal justice system as a substitute for
a fully functioning mental health system doesn't make sense. It doesn't
make sense for law enforcement officers who often put their lives at
risk when they are called upon to intervene in a mental health crisis.
It doesn't make sense for courts which are inundated with cases
involving people with mental illness. It doesn't make sense for people
who have mental health conditions who often would benefit from
treatment and intensive supervision than from traditional
incarceration. It certainly doesn't make sense for taxpayers who foot
the bill for high incarceration costs and overcrowded correction
facilities and who must pay again when these untreated mentally ill
prisoners are released back into society often in much worse shape than
when they were locked up.
We can improve access to mental health services for people who come
into contact with the criminal justice system, and we can give law
enforcement officers the tools they need to identify and respond to
mental health issues in the communities and the situations they
confront.
In 2004, Congress passed and President Bush signed into law the
Mentally Ill Offender Treatment and Crime Reduction Act--or MIOTCRA--
which supports innovative programs that bring together mental health
and criminal justice agencies to address the unique needs of people
with mental health conditions. Former Ohio Republican Senator Mike
DeWine, who now serves as that State's Attorney General, was the
original sponsor of MIOTCRA.
The Comprehensive Justice and Mental Health Act reauthorizes and
improves MIOTCRA. Let me talk a little bit about how the programs
supported by this legislation protect law enforcement officers and save
lives. I will give one example.
In 2013, I visited the police station in Columbia Heights, MN, a
suburb of the Twin Cities. I talked with some of the officers who had
been given crisis

[[Page S2252]]

intervention training for law enforcement officers to recognize when
they are confronted or are entering a situation that involves someone
who has a mental illness. The sheriff wasn't there that day, but the
county attorney who was there on behalf of the sheriff said that the
day after the sheriff had his training, he did not kill a guy he would
otherwise have killed because he recognized what was going on. That was
pretty dramatic.
So I turned to the other officers there who had also had this crisis
intervention training and said to a policewoman: Can you give me a more
garden-variety example?
She said: OK. About 3 months ago, I was on the street and I heard a
woman screaming. I thought it was some domestic violence thing or
something. I went to see what was going on, and she went over to a
railing that if she had let go, she would have dropped to a playground
below. She might not have killed herself, but she would have gotten
very badly hurt. From my training, I realized I was in a situation with
someone who was mentally ill, and I used my training to talk her back
up. I spoke to the woman. She said she had been sexually abused as a
child; that the perpetrator had left town and had left her life, but
recently that man had come back.
She said: I think I know where I can get help for you. And she got
her access to some treatment.
She said: A couple months later, I was working a street fair when
this same woman came up to me, very calm, and said: You saved my life.
I said: OK. This is your garden-variety story?
She said: Yes, I use this training all the time. I will holster my
gun maybe once in my career, but I use this all the time.
Now, the grants currently available that would be reauthorized
through the Comprehensive Justice and Mental Health Act--which fund
programs such as local crisis intervention training--are the only ones
offered by the Justice Department that address mental health issues in
the criminal justice system. So passing this legislation is critically
important, and the bill would improve and expand upon the law.
Here are some of the important things the bill does: It continues
support for mental health courts and crisis intervention teams, both of
which save lives and money. It includes new grant accountability
measures and emphasizes the use of evidence-based practices that have
been proven effective through empirical evidence. Our Presiding Officer
is a physician, therefore a scientist, and therefore relies on
empirical evidence. It authorizes investments in veterans treatment
courts, which serve arrested veterans who have been arrested because
they suffer from PTSD, substance addiction, which may be used to
medicate their mental health or behavioral and other mental health
conditions, other sometimes invisible wounds. It supports the
development of programs, such as crisis intervention training, to train
local, State, and Federal law enforcement officers how to recognize and
respond appropriately to mental health crises. One of the new things
the bill does is to support State and local efforts to identify people
with mental health conditions at each point in the criminal justice
system in order to appropriately direct them to mental health services.
Our bill also increases the focus on corrections-based programs.
I went to a prison in St. Cloud, MN, where they do intake in our
State system. They said this crisis intervention training is incredibly
important to them. They said: Do you watch TV on the weekends where
they show prisoners, show the prison system, where you put on all the
gear because some prisoner has gotten out of control and you have to go
into the cell and tackle them? That could be avoided very often by
understanding what is going on here. There is a lot of wear and tear
when they have to go in like that. It is better to recognize what is
going on and know how to deal with it.
The bill also increases the focus on things such as transitional
services that reduce recidivism rates and screening practices that
identify inmates with mental health conditions.
Finally, the bill gives local officials greater control over program
participation eligibility. This again is for a program that already
exists.
The current system is broken. It doesn't serve the interests of
people with mental illness, and it doesn't protect the safety of law
enforcement personnel. As one Minnesota judge wrote:

While [inmates with mental illness] are sitting in jail,
they often recede further into the depths of their illness.
They present a danger to themselves; they present a danger to
fellow inmates; and they present a danger to the . . . men
and women who run the jails.

We have an obligation to ensure that people with mental illness
receive the treatment and supervision they need and that the officers
who put their lives on the line when they are called on to intervene in
mental health crises are trained to respond in a way that protects
their safety and that of their fellow officers and of the person with
mental illness. This bill helps us better meet that obligation.
I am very pleased to introduce this bill with a bipartisan group of
lawmakers who are committed to improving the ways in which people with
mental health conditions interact with the criminal justice system--in
particular, my fellow lead sponsor, Senator John Cornyn, and
Representative Doug Collins, who is leading this effort in the House.
This legislation has always enjoyed bipartisan support. In 2004, it
was introduced by Michael DeWine, Republican from Ohio, in the Senate.
In the last Congress, the predecessor of this bill had 39 Senate
cosponsors, including 25 Democrats and 14 Republicans. The House
companion bill had 55 cosponsors, including 24 Democrats and 31
Republicans.
As you can see, this has always been a bipartisan effort, and I am
pleased to continue that tradition in this Congress. I would like to
thank Senators Cornyn, Ayotte, Blunt, and Portman, as well as Senators
Leahy, Durbin, Whitehouse, Klobuchar, Coons, Blumenthal, Boxer, Brown,
Warren, and Booker, for serving as original cosponsors of the
Comprehensive Justice and Mental Health Act. I look forward to adding
more cosponsors in the days to come.
I would also like to recognize the many law enforcement, civil rights
veterans, and mental health advocacy organizations--most notably the
Council of State Governments--for standing in strong support of this
legislation or its predecessor bill and advocating tirelessly for its
enactment. More than 250 organizations endorsed this legislation in the
previous Congress, including the American Legion, the Major Cities
Chiefs Association, the Major County Sheriffs' Association, the
National Sheriffs' Association, the National Alliance on Mental
Illness, the National Association of Counties, and the Wounded Warrior
Project, just to name a few.
I look forward to working together with advocates and with my
colleagues to get this bill enacted into law so that we can ease the
burden of mental health problems on our criminal justice system and
help a lot of people.
______

By Mrs. FEINSTEIN (for herself, Mrs. Boxer, Mr. Blumenthal, Mr.
Schumer, and Mrs. Gillibrand):
S. 1006. A bill to incentivize early adoption of positive train
control, and for other purposes; to the Committee on Commerce, Science,
and Transportation.
Mrs. FEINSTEIN. Mr. President, I rise to speak about Positive Train
Control, a crash-avoidance rail safety system that can automatically
stop trains in order to prevent impending collisions.
The Senate Commerce Committee recently voted to advance a bill that
would give railroads a 5-to-7 year extension of the deadline to
implement this life-saving technology.
In my view, a blanket extension is disastrous policy.
Fortunately, the members of the Commerce Committee have signaled
their willingness to consider improvements to this bill, and today I
rise to offer such an improvement.
This legislation, the Positive Train Control Safety Act, would
provide a reasonable extension for the implementation of positive train
control until 2018, on a case-by-case, year-by-year basis, for any
railroad whose implementation plans were delayed by factors outside of
their control.
This provision mirrors language that already passed the Senate in
2012 as

[[Page S2253]]

part of the transportation reauthorization bill with overwhelming
support. It is a measured, realistic response to the delayed
implementation we have witnessed. Overall, this bill strives to hold
the railroads to their safety commitments.
To understand the importance of PTC, we must revisit a terrible
tragedy in my State of California, near Chatsworth.
In 2008, a Los Angeles Metrolink commuter train collided head-on with
a Union Pacific freight train, killing 25 people and injuring 135 more.
Testimony from the victims who survived the crash paint a gruesome
picture of the aftermath. ``Severed limbs were strewn all about and
blood was pooled everywhere.'' Victims' bodies, many torn to pieces,
had to be extracted from heaps of steel and wreckage.
One passenger described coming across a man who had been crushed by
an air vent: ``His mangled legs were all I could see, but his cries for
help were very loud. Eventually he must have died, as he was calling
out for his mother and then no more sounds. [. . .] I was trying to
decide if I would die by fire or suffocation of smoke.''
Many victims suffered traumatic brain injuries and those sitting at
tables suffered ``horrible abdominal injuries that cannot be medically
resolved.'' As the National Transportation Safety Board found in its
investigation, this terrible tragedy could have been prevented if the
Positive Train Control technology had been in place.
Positive Train Control is a system for automatic train safety, which
was originally recommended by the National Transportation Safety Board
in 1970.
Using GPS and wireless technology, Positive Train Control can
automatically put the brakes on trains about to collide or derail.
Positive Train Control can monitor trains and stop them if they enter
the wrong track or are about to run red lights.
In the Metrolink crash, it was later determined that the engineer was
texting, causing him to miss a red signal and cause the deadly
collision.
PTC could have prevented this, as it could have forced the train to
stop before running onto the same track as the oncoming freight train.
This horrific accident became a rallying cry for Congress, which
responded by passing the Rail Safety Improvement Act in 2008.
This legislation mandated the widespread installation of PTC by the
end of 2015.
The railroad industry has fought PTC from start. Now, as the deadline
rapidly approaches, railroads are again lobbying hard to delay
installation. Many have not even begun installing PTC in any form--
something that is particularly disturbing to me.
After its terrible accident, Metrolink in California has shown great
leadership and plans to be the first railroad to be fully certified.
Metrolink is on track do so by the federally-mandated deadline of
December 31, 2015.
Several other railroad companies in California are also on track to
begin using PTC this year, in demonstration mode, on the path to final
certification. These include the North County Transit District in San
Diego and Caltrain in the Bay Area.
In addition, new passenger rail services in California plan to
operate with PTC from the first moment that they come on-line,
including the Sonoma-Marin Area Rail Transit line in 2016 and the first
High Speed Rail segment in 2022.
California is committed to safe and efficient rail. I believe my
State demonstrates that railroads around the country can and should be
expected to implement Positive Train Control as soon as is feasible,
without unnecessary delay.
The bill that the Senate Commerce Committee recently voted to advance
is a no-strings-attached bill that would extend by 5 years the deadline
by which PTC must be implemented.
On top of that, it offers railroads an optional extension of an
additional 2 years on a case-by-case basis. Extending the deadline
through until the outset of 2023.
Effectively, this is just kicking the can down road once more.
I am deeply concerned about this blanket extension. First, it rewards
those that have chosen delay over action. More troubling, it could have
deadly consequences for Americans across the country.
It has been 7 years since the collision at Chatsworth claimed 25
lives, and 45 years since the National Transportation Safety Board
first recommended a system like Positive Train Control.
Unnecessary delay is simply not acceptable.
This is why I am introducing this bill today. I believe it will
incentivize railroads to install PTC as quickly as possible.
My bill allows case-by-case, single-year extensions through 2018 for
railroads that have demonstrated good faith efforts to implement PTC.
It also instructs the Department of Transportation to only grant
extensions if the Secretary determines that a railroad's efforts to
implement PTC were delayed due to circumstances beyond their control.
In addition, the bill offers a number of other common-sense
provisions relating to Positive Train Control requirements and railroad
safety. These provisions reflect the lessons we have learned since the
Rail Safety Improvement Act first required the implementation of PTC
6\1/2\ years ago.
These provisions include bolstering the transparency of railroads'
implementation efforts, by requiring regular status reports; and
ensuring trains carrying crude oil or ethanol run on tracks with PTC.
The provision requires better coordination between the Federal
Railroad Administration and the Federal Communications Commission to
ensure adequate wireless communications availability.
Requiring the Department of Transportation to evaluate the
effectiveness of PTC at grade crossings.
Improving opportunities for railroad employees to report safety
deficiencies.
Protecting employees in rail work zones.
Improving inspection practices on commuter railroads.
Riding our rails should not be a dangerous activity. It doesn't have
to be. If we have the technology to prevent collisions, we must use it.
I urge my colleagues to carefully consider this proposal.

____________________