[Congressional Record Volume 167, Number 185 (Thursday, October 21, 2021)]
[Senate]
[Pages S7156-S7159]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. SHAHEEN:
  S. 3042. A bill making appropriations for the Departments of Commerce 
and Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2022, and for other purposes; to the Committee on 
Appropriations.
  Mrs. SHAHEEN. Mr. President, I rise today to introduce the fiscal 
year 2022 Commerce, Justice, Science and Related Agencies, CJS, 
Appropriations Act. As chair of the CJS Appropriations Subcommittee, I 
developed this bill in partnership with my vice chairman, the Senator 
from Kansas, Jerry Moran. In order to draft this bill, the CJS 
Subcommittee held substantive hearings, considered 2,084 individual and 
group requests from 88 Senators, and worked in a bipartisan way to meet 
the needs of the Nation and our individual States.
  The end result is legislation that provides $79.7 billion to invest 
in important priorities for New Hampshire and the Nation, including 
funding for key Federal programs that respond to the substance use 
disorder crisis, help domestic and sexual violence survivors, invest in 
law enforcement programs, and assist Granite Staters in recovering from 
the far-reaching consequences of the pandemic.
  I am particularly pleased that the bill delivers the greatest funding 
ever

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to Violence Against Women Act programs, as well as substantial funding 
to help communities and first responders address substance misuse and 
the climate crisis. But we can't limit our action to the immediate 
problems of today; we also need an eye towards the future. That is why 
this bill also invests in American competitiveness on the global 
stage--ensuring our workforce is poised to lead in scientific 
innovation and space exploration in the years to come. These priorities 
are all essential to the success of families and communities across New 
Hampshire and our Nation, and I look forward to working with my 
colleagues on both sides of the aisle and the administration to see 
this bill signed into law.
  I would like to highlight a few specific items included in this 
legislation.
  Highest, funding level ever for Violence Against Women Act Programs. 
Once again, this subcommittee has provided increases to law enforcement 
and grant programs that fight gun violence and violent crime. For the 
fifth year in a row during my tenure on this subcommittee, the CJS bill 
provides the highest funding level ever for Violence Against Women Act 
programs, totaling $760 million for the Office on Violence Against 
Women, OVW. This is a 48-percent increase from last year's funding 
level and will support training officials to improve services for 
victims, rape prevention programs, college campus violence prevention 
programs, domestic violence hotlines and women's shelters, and 
transitional housing support services. Funding is provided for several 
new initiatives, including a restorative justice program, a National 
Deaf Services Line, and special assistant U.S. attorneys to address 
violence against women in Indian Country.
  Critical funding for Department of Justice anti-opioid grants. To 
combat the substance use disorder epidemic, the bill provides $615 
million to help communities and first responders respond to substance 
crises, including opioid addiction and drug trafficking. This is $73.5 
million higher than the fiscal year 2021 funding level and includes 
$447 million for Comprehensive Addiction and Recovery Act, CARA, 
grants. These grants support programs like drug, mental health and 
veteran treatment courts and substance use disorder treatment programs 
administered by State and local correctional facilities.
  Bolstered funding to support victims of violent crimes and bolstered 
legal services. This year, we have heard from Crime Victims Fund, CVF, 
State administrators and victim service providers about the impacts of 
lower CVF funding. That is why we provided $2.65 billion of spending 
from the fund this year--$635 million more than last year. This fund 
provides direct assistance and programs to survivors of domestic 
violence, sexual assault, child abuse, human trafficking, and other 
violent crimes. But I remain concerned that receipts into the fund will 
not be able to sustain this needed level of spending. That is why the 
passage of the VOCA Fix to Sustain the Crime Victims Fund Act earlier 
this year was so important.
  The bill also provides $515 million for the Legal Services 
Corporation, which is the largest funder of civil legal aid in the 
country with counsel on family law, domestic violence, housing and 
financial fraud.
  Support for law enforcement and to enhance police-community 
relations. Department of Justice law enforcement agencies are funded in 
the bill $23.8 billion--$1.1 billion more than last year. This 
increased funding will allow the hiring of additional agents, deputy 
marshals, intelligence analysts, and other personnel to help keep our 
communities safe. There is also $640 million for the Byrne-JAG Program, 
which helps law enforcement agencies in New Hampshire and across the 
country, strengthens the criminal justice system, and bolsters services 
for victims of crime. Within Byrne-JAG, $416 million will go to support 
State and local criminal justice systems, an increase of $56 million 
more than last year. Additionally, $248 million is allocated for 
community oriented policing services, COPS, hiring, an increase of $11 
million from the fiscal year 2021 level. This program supports State, 
local, and Tribal law enforcement agencies' ability to hire, preserve, 
and/or rehire law enforcement officers and increases community policing 
efforts.
  The bill provides $283 million for State and local law enforcement 
assistance and COPS Office grant programs to support programs that 
improve police-community relations. This is an 84-percent increase from 
last year's funding levels and will support programs on deescalation, 
implicit bias, crisis intervention, and training to respond to 
situations where individuals are mentally ill or disabled.
  Increased funding for the Economic Development Administration and 
trade. The bill provides $10.7 billion for the Department of Commerce, 
of which $395 million is for the Economic Development Administration, 
EDA, which awards infrastructure and planning grants to communities 
around the country. This level is an increase of $49 million above the 
prior year. It is estimated this funding will generate $3.5 billion in 
local and private investment and support more than 30,000 American jobs 
this year. EDA has recently awarded grants to Granite State communities 
for a wide variety of projects ranging from flood control 
infrastructure in Plymouth to economic development projects in the 
Monadnock region. The EDA funding also includes $5 million to assist 
communities recovering from biomass plant closures.
  The bill includes $1.5 million for the Bureau of Economic Analysis to 
continue the annual assessment of the economic value of the outdoor 
recreation industry--a key sector supporting local economies across New 
Hampshire. This report, which was created as a result of the enactment 
of my bipartisan legislation, the Outdoor Recreation Jobs and Economic 
Impact Act, provides a comprehensive assessment of the role that 
outdoor recreation plays in supporting jobs and economic growth, 
allowing policymakers to craft legislation to further support the 
sector. The bill also provides $584 million for the International Trade 
Administration, ITA, which promotes American exports, supports small 
and medium-sized businesses, and ensures fair trade practices on the 
global stage. This marks a $43 million increase above fiscal year 2021.
  Investments in science and to advance U.S. space exploration, The 
National Science Foundation, NSF, is funded at $9.49 billion--$1 
billion higher than last year's level. This funding will support U.S. 
competitiveness in key areas like quantum computing, artificial 
intelligence, and climate science, as well as help build an innovative 
workforce fueled by a diverse pipeline of scientists and engineers. The 
bill supports the creation of a new technology directorate, similar to 
what the Senate endorsed in the U.S. Innovation and Competition Act, to 
ensure that research is translated into the technologies and products 
that will drive economic growth for the next several decades. There is 
also $1.49 billion for the National Institute of Standards and 
Technology, NIST, to invest in STEM programs that improve the 
competitiveness of U.S. manufacturers and strengthen domestic supply 
chains, which is a 35-percent increase above fiscal year 2021.
  The bill also provides $3 million for NIST to continue research into 
the prevalence of per- and polyfluoroalkyl substances, PFAS, n 
firefighter personal protective equipment--marking a $1 million 
increase from last year's funding. This research is a key component of 
my legislation, the Guaranteeing Equipment Safety for Firefighters Act, 
which was signed into law last year and will help to address concerns 
regarding firefighters' occupational exposure to PFAS chemicals.
  To support America's continued leadership in space, NASA is funded at 
$24.8 billion. This is $1.5 billion higher than the fiscal year 2021 
level and will support climate research, space missions, and the launch 
of the powerful James Webb Space Telescope. The bill also includes 
funding to support the International Space Station and returning humans 
to the Moon. Additionally, within the $7.9 billion for NASA Science, 
$825.7 million is for NASA Heliophysics, an increase of $74.7 million 
above the fiscal year 2021 level. The University of New Hampshire is a 
leading heliophysics research institution, with instruments on 16 of 22 
operating heliophysics missions.
  Support for ocean research and conservation efforts and weather 
satellites. The bill provides $730 million to

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support National Oceanic and Atmospheric Administration, NOAA, 
research, including critical research to combat the climate crisis, 
marking a 19-percent increase from 2021. This funding will help coastal 
communities in New Hampshire and across the Nation bolster their 
resilience to changing climate, as well as support ocean health and 
research. In addition, the bill invests in successful job-creating 
programs, sustainable economic development, and environmental 
restoration. The bill provides full funding to cover the full cost of 
at-sea monitoring in the New England groundfish fishery and an increase 
of $14 million for research and conservation efforts to protect the 
endangered North Atlantic right whale, including $10 million to help 
defray costs paid by the lobster fishing industry to protect right 
whales. The bill includes $6.5 million specifically targeted for 
research related to key New England seafood species, including to study 
the effects of climate change.
  Finally, there is $405 million to continue construction of polar 
weather satellites, which help forecast weather to protect property and 
economic security for families in New Hampshire and across Nation. One-
third of U.S. GDP is affected by climate and weather--from farmers in 
the North Country trying to protect livestock and crops to climate 
disasters costing billions of dollars of damage.
  Mr. President, these are just a few of the highlights of the fiscal 
year 2022 CJS bill. While I wish we could consider this bill under 
regular order, have a conference with the House, and enact it into law, 
I know the reality is that to finish the work on all 12 appropriations 
bills by the time the continuing resolution runs out, we will likely be 
negotiating an omnibus. I urge my colleagues across the aisle to come 
to agreement with us soon on how to allocate funding among the bills so 
the Appropriations Committee can get to work. I look forward to working 
with Senator Moran and our House colleagues to craft a final CJS bill 
that will assist crime victims, invest in scientific research, and spur 
innovation in our communities--critical needs that we all support.
                                 ______
                                 
      By Mr. DURBIN:
  S. 3043. 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, 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. 3043

       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 2021''.

     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, one of 
     whom must be in attendance at every school-sponsored 
     activity, 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)--
       (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 on the day that student is 
     removed from such participation; 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.

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     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 concussion in a pediatric population; and
       (B) 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 8101 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.

                          ____________________