[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
[[Page S7157]]
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
[[Page S7158]]
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.
[[Page S7159]]
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.
____________________