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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 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 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.
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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.
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.
____________________
SOURCE: Congressional Record Vol. 167, No. 185
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