[Congressional Record Volume 165, Number 162 (Tuesday, October 15, 2019)]
[Senate]
[Pages S5797-S5799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. THUNE (for himself and Mr. Shatz):
S. 2597. A bill to require the National Oceanic and Atmospheric
Administration to make certain operational models available to the
public, and for other purposes; to the Committee on Commerce, Science,
and Transportation.
Mr. THUNE. 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. 2597
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 ``Learning Excellence and Good
Examples from New Developers Act of 2019'' or the ``LEGEND
Act of 2019''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Model.--The term ``model'' means any numerical model of
the Earth's system or its components produced by scientists
employed by the Administration.
(4) Operational model.--The term ``operational model''
means any model that has an output used by the Administration
for operational or public service functions.
(5) Open source code.--The term ``open source code'' means
computer code or programming language that is available for
public use or modification.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to support innovation in modeling by allowing
interested stakeholders to have easy and complete access to
the models used by the Administration; and
(2) to use vetted innovations arising from access provided
under paragraph (1) to improve modeling by the
Administration.
SEC. 4. REQUIREMENT TO MAKE CERTAIN OPERATIONAL MODELS
AVAILABLE TO THE PUBLIC.
(a) In General.--The Administrator shall make available to
the public the following:
(1) Current and future operational models developed by the
Administration, in the form of open source code for a period
consistent with applicable records retention requirements.
(2) All Government-owned data, subject to redistribution
rights, associated with such models and used in operational
forecasting by the Administration, including--
(A) relevant metadata;
(B) data used for current operational forecasts; and
(C) a description of intended model outputs.
(b) Discretion to Make Experimental or Development Models
Available.--The Administrator may make experimental or
developmental models associated with development projects
funded by the Administration available to the public as open
source code.
(c) Platform.--In carrying out subsections (a) and (b), the
Administrator may use government servers, contracts or
agreements with a private vendor, or any other platform
consistent with the purpose of this Act.
(d) Technical Correction.--Section 102(b) of the Weather
Research Forecasting and Innovation Act of 2017 (15 U.S.C.
8512(b)) is amended by redesignating the second paragraph (4)
(as added by section 4(a) of the National Integrated Drought
Information System Reauthorization Act of 2018 (Public Law
115-423)) as paragraph (5).
(e) Phased Implementation.--
(1) Immediate effect for certain models.--For operational
models that, as of the date of the enactment of this Act,
meet the requirements described in paragraph (5)(E)(ii) of
section 102(b) of the Weather Research Forecasting and
Innovation Act of 2017 (15 U.S.C. 8512(b)), as redesignated
by subsection (d), the Administrator shall implement the
requirements of subsection (a) as soon as practicable after
such date of enactment.
(2) New models.--For operational models that meet the
requirements described in paragraph (1) and are created or
substantially updated after the date of the enactment of this
Act, the Administrator shall implement the requirements of
subsection (a) not later than 1 year after such date of
enactment.
SEC. 5. REQUIREMENT TO REVIEW MODELS AND LEVERAGE
INNOVATIONS.
The Administrator shall--
(1) consistent with the mission of the Earth Prediction
Innovation Center, periodically review innovations and
improvements made by persons outside the Administration to
the operational models made available to the public under
section 4 in order to improve the accuracy and timeliness of
forecasts of the Administration; and
(2) if the Administrator identifies an innovation for such
a model the Administrator considers suitable, develop and
implement a plan to use the innovation to improve the model.
SEC. 6. REPORT ON IMPLEMENTATION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees a report on the
implementation of this Act that includes a description of--
(1) how operational models have been made publicly
available as required by section 4(a);
(2) the process of the Administration under section 5--
(A) for engaging with interested stakeholders to learn what
innovations those stakeholders have found;
(B) for reviewing those innovations; and
(C) for operationalizing innovations the Administrator
considers suitable.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology and the
Committee on Appropriations of the House of Representatives.
SEC. 7. PROTECTION OF NATIONAL SECURITY INTERESTS.
(a) In General.--Notwithstanding any other provision of
this Act, the Administrator may withhold models or data used
in
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operational weather forecasting if the Administrator
determines doing so to be necessary to protect the national
security interests of the United States.
(b) Rule of Construction.--Nothing in this Act shall be
construed to supersede any other provision of law governing
the protection of the national security interests of the
United States.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Administration for each of fiscal years 2021 through 2026
such sums may be necessary to carry out this Act.
______
By Ms. BALDWIN:
S. 2598. A bill to require the payment of user fees by qualified
professional asset managers seeking an individual exemption from
certain requirements; to the Committee on Health, Education, Labor, and
Pensions.
Ms. BALDWIN. Mr. President, I introduce my legislation today to help
shore up the government's insurance plan for these pensions. The
Pension Stability Act would add funding to the Pension Benefit Guaranty
Corporation's multiemployer program by imposing a fee on financial
firms that are convicted of financial crimes.
This weekend, I was in Endeavor, WI. I was meeting there with
retirees who meet once a month at the fire station in order to update
one another on the progress here in Washington. In the months since the
House passed the Butch Lewis Act, there hasn't been much progress to
speak of. The Senate hasn't taken up the bill, and no other proposals
have been presented. All the while, retirees and workers in the Central
States Pension Fund continue to doubt their retirement security.
If Washington does not act, workers and retirees face massive cuts to
the pensions they have earned over decades of hard work. I have come to
the floor many times over these past 3\1/2\ years to remind this body
about the retirees who stand to lose 50 percent--some more than 50
percent--of their pensions if Washington fails to act. Since then,
nothing has been done, so I am here to, once again, remind my
colleagues that this is about a promise that must be kept.
This is about a promise made to Bob Brockway, who stands to lose more
than half of his monthly pension. Bob retired in 1999. He has made the
trip to Washington to be a part of the solution even though Margie, his
wife, would rather he stayed at home. He also organizes the meetings
that are held every month in Endeavor.
This is about a promise made to Thomas from Hartland, WI. Thomas is a
72-year-old retired semitruck driver and an Army veteran.
He is also a cancer patient, and his wife has significant medical
bills.
Thomas wrote to me this summer. He said:
I've put many, much-needed home repairs on hold since this
whole mess started. We have had no vacations or any other
extravagances since I retired. We did nothing wrong. We paid
into Central States and somehow the government dropped the
ball.
This is about a promise made to Donald and his wife Janet in Beaver
Dam, WI. Donald wrote to me to tell me the following:
After 25 years working at a company where I earned a
pension as part of a wage and benefit package, I retired. I
retired four years ago because my body wouldn't let me
perform tasks in the factory that could more easily be
performed in my younger years. My pension and Social Security
allow me to pay for heat, electricity, food and maintenance
on my home. A 50 percent reduction in my monthly pension
payment would mean we could no longer afford visiting our
children or grandchildren, buying Christmas and birthday
gifts, or seeing an occasional movie. And without this
pension, I doubt we could afford the most basic of household
expenditures.
This is about a promise made to Mary in Greenfield, WI. Mary wrote to
tell me the following:
My story is simple. In November 2014, my husband passed
away. In December, I learned the bad news about my pension.
Worrying all this time has taken its toll. What will I be
able to afford? I will probably have to move. I need a new
car, but that's on hold. The list goes on. I am turning 70 in
a few days and I never thought at this age I would have to
worry about how I will survive.
If Washington does not act, we will be breaking a promise made to 1.5
million retirees nationwide. Pension promises must be kept. So once
again I will say: Washington needs to act, and we need to do it now.
______
By Mr. DURBIN:
S. 2600. 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. 2600
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 2019''.
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
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(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.
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