[Congressional Record Volume 159, Number 127 (Tuesday, September 24, 2013)]
[Senate]
[Pages S6887-S6892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN:
S. 1546. 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. 1546
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 2013''.
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 management
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
[[Page S6888]]
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)--
(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. DURBIN (for himself, Mr. Brown, Mr. Cardin, Mrs.
Feinstein, and Mr. Whitehouse):
S. 1548. A bill to authorize the President to provide assistance to
the Governments of Haiti and Armenia to reverse the effects of
deforestation and restore within 20 years the extent of forest levels
in Haiti and Armenia in existence during the year 1990, and for other
purposes; to the Committee on Foreign Relations.
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. 1548
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 ``Haiti and Armenia
Reforestation Act of 2013''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the established policy of the Federal Government is to
support and seek protection of forests around the world that
provide a wide range of benefits by--
(A) harboring a major portion of the biological and
terrestrial resources of Earth and providing habitats for
almost \2/3\ of all species on Earth, including species
essential to medical research and agricultural productivity;
(B) contributing to the livelihood of over 1,600,000,000
people through access to food, fresh water, clothing,
traditional medicines, and shelter;
(C) ensuring environmental functions such as biodiversity,
water conservation, soil enrichment, water supply management,
and climate regulation; and
(D) storing carbon, where deforestation accounts for up to
20 percent of the global greenhouse gas emissions that
contribute to global warming;
(2) while forests cover a little less than \1/3\ of the
land area on our planet, approximately 76 percent of the
planet's original primary forests have been destroyed or
degraded;
(3) in 1923, over 60 percent of the land of Haiti was
forested but, by 2006, that percentage had decreased to
approximately less than 2 percent as a result of--
(A) an acceleration in the rate of deforestation in Haiti
by more than 20 percent during the period beginning in 2000
and ending in 2005 compared to the period beginning in 1990
and ending in 1999; and
(B) a loss of nearly 10 percent (approximately 11,000
hectares) of the forest cover and approximately 22 percent of
the total forest and woodland habitat of Haiti;
(4) while archeological data indicated that approximately
35 percent of Armenia was originally forested, less than 12
percent of Armenia's territory was covered in forest in 1990,
which has been reduced to approximately less than 7 percent
by 2013 as a result of an energy crisis that crippled the
nation in the 1990s and a loss of total of 24.5 percent
(nearly 85,000 hectares) of forest cover during the period
between 1990 and 2010;
(5) poverty and economic pressures are--
(A) two factors that underlie the deforestation of Haiti
and Armenia; and
(B) manifested particularly through the clearing of vast
areas of forest for conversion to agricultural uses where \2/
5\ of the population of Haiti depend on the agricultural
sector, which consists mainly of small-scale subsistence
farming, and where wood and charcoal produced from cutting
down trees accounts for a major supply toward Haiti's and
Armenia's energy sectors;
(6) 80 percent of the population of Haiti lives below the
poverty line and 36 percent of the population of Armenia
lives below the poverty line;
[[Page S6889]]
(7) soil erosion represents a significant effect of the
deforestation of Haiti and Armenia, as erosion has--
(A) lowered the productivity on the land due to poor soils
underlying the forests;
(B) worsened the severity of droughts, landslides, and
floods;
(C) led to further deforestation;
(D) significantly decreased the quality and, as a result,
quantity of freshwater and clean drinking water available to
populations; and
(E) increased the pressure on the remaining land and trees
in Haiti and Armenia;
(8) forests provide cover to soften the effect of heavy
rains and reduce erosion by anchoring the soil with their
roots;
(9) research conducted by the United Nations Environmental
Programme has revealed a direct (89 percent) correlation
between the extent of the deforestation of a country and the
incidence of victims per weather event in the country;
(10) both Haiti and Armenia have faced natural disasters in
recent years that have been at least partly exacerbated by
the effects of deforestation, such as--
(A) flooding in Armenia that has cost nearly $33,000,000 in
damages each year and swept away or damaged thousands of
homes, schools, health clinics, and other institutions,
partly because of damage to forests through illegal loggings,
landslides, and soil erosion;
(B) hurricanes in Haiti that have killed thousands and
displaced hundreds of thousands more, partly because
deforestation had resulted in the clearing of large
hillsides, which enabled rainwater to run off directly to
settlements located at the bottom of slopes; and
(C) the January 2010 earthquake in Haiti, which destroyed
much of the infrastructure of Port au Prince and had greater
consequences because of deforestation, which reduced hillside
stability and increased the likelihood of mudslides, soil
erosion, and flooding factors, which also negatively impacted
the water supply and heightened concerns for the spread of
waterborne diseases;
(11) economic benefits for local communities from
sustainable uses of forests are critical for the long-term
sustainable management of forests in Haiti and Armenia;
(12) on July 29, 2010, the Supplemental Appropriations Act,
2010 (Public Law 111-212) was enacted into law, which
included $25,000,000 for ``the reforestation and other
restoration of Haiti's key watersheds''; and
(13) reforestation efforts would provide new sources of
jobs, income, and investments in both Haiti and Armenia by--
(A) providing employment opportunities in tree seedling
programs, contract tree planting and management, sustainable
agricultural initiatives, sustainable and managed timber
harvesting, and wood products milling and finishing services;
and
(B) enhancing community enterprises that generate income
through the trading of sustainable forest resources, many of
which exist on small scales.
(b) Purpose.--The purpose of this Act is to provide
assistance to the Government of Haiti and the Government of
Armenia to develop and implement, or improve, nationally
appropriate policies and actions--
(1) to reduce deforestation and forest degradation and
improve forest management and natural regeneration;
(2) to increase annual rates of afforestation and
reforestation in a sustainable, measurable, reportable, and
verifiable manner--
(A) to restore social and economic conditions for
environmental recovery of--
(i) 35 percent of Haiti's and Armenia's land surface areas
within 7 years after the date of the enactment of this Act;
and
(ii) the forest cover of Haiti and Armenia to at least 7
percent in Haiti and at least 12 percent in Armenia (about
each country's respective levels in 1990) within 20 years
after the date of the enactment of this Act; and
(3) to improve sustainable resource management at the
watershed scale.
SEC. 3. DEFINITIONS.
In this Act:
(1) Afforestation.--
(A) In general.--The term ``afforestation'' means the
establishment of a new forest through the seeding of, or
planting of trees on, a parcel of nonforested land.
(B) Inclusion.--The term ``afforestation'' includes--
(i) the introduction of a tree species to a parcel of
nonforested land of which the species is not a native
species; and
(ii) the increase of tree cover through plantations.
(2) Agroforestry.--
(A) In general.--The term ``agroforestry'' refers to
systems in which perennial trees or shrubs are integrated
with crops or livestock, and where perennials constitute a
minimum 10 percent of ground cover.
(B) Inclusion.--Actual forest cover resulting from
agroforestry programs can be counted toward the total forest
cover goal set forth in section (2)(b).
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(4) Deforestation.--The term ``deforestation'' refers to
the conversion of forest to another land use or the long term
reduction of the tree canopy.
(5) Forest.--
(A) In general.--The term ``forest'' means a terrestrial
ecosystem containing native tree species generated and
maintained primarily through natural ecological and
evolutionary processes.
(B) Exclusion.--The term ``forest'' does not include
plantations, such as crops of trees planted primarily by
humans for the purposes of harvesting.
(6) Reforestation.--
(A) In general.--The term ``reforestation'' refers to the
establishment of forest on lands that were previously
considered as forest, but which have been deforested.
(B) Inclusion of plantations.--The term ``reforestation''
includes the increase of tree cover through plantations.
TITLE I--FORESTATION AND WATERSHED MANAGEMENT ASSISTANCE TO THE
GOVERNMENT OF HAITI AND THE GOVERNMENT OF ARMENIA
SEC. 101. FORESTATION ASSISTANCE.
(a) Authority.--
(1) In general.--In accordance with section 118 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151p) and
consistent with the provisions of paragraph (2), the
President is authorized to provide assistance to the
Government of Haiti and the Government of Armenia in the form
of financial assistance, technology transfers, or capacity
building assistance for the conduct of activities to develop
and implement one or more forestation proposals under
paragraph (2)--
(A) to reduce the deforestation of Haiti and Armenia; and
(B) to increase the rates of afforestation and
reforestation in Haiti and Armenia.
(2) Proposals.--
(A) In general.--Assistance under this title may be
provided to the Government of Haiti and the Government of
Armenia to implement 1 or more proposals that contain--
(i) a description of each policy and initiative to be
carried out using the assistance;
(ii) adequate documentation to ensure, as determined by the
President, that--
(I) each policy and initiative will be--
(aa) carried out and managed in accordance with widely
accepted environmentally sustainable forestry and
agricultural practices; and
(bb) designed and implemented in a manner by which to
improve the governance of forests by building governmental
capacity to be more transparent, inclusive, accountable, and
coordinated in decision-making processes and the
implementation of the policy or initiative; and
(II) the proposals will further establish and enforce legal
regimes, standards, and safeguards designed to ensure that
members of local communities in affected areas, as partners
and primary stakeholders, will be engaged in the design,
planning, implementation, monitoring, and evaluation of the
policies and initiatives; and
(iii) a description of how the proposal or proposals
support and aid forest restoration efforts consistent with
the purpose set forth in section 2(b).
(B) Determination of compatibility with certain programs.--
In evaluating each proposal under subparagraph (A), the
President shall ensure that each policy and initiative
described in the proposal submitted by the Government of
Haiti or the Government of Armenia under that subparagraph is
compatible with--
(i) broader development, poverty alleviation, sustainable
energy usage, and natural resource conservation objectives
and initiatives in Haiti or Armenia;
(ii) the development, poverty alleviation, disaster risk
management, and climate resilience programs of the United
States Agency for International Development, including those
involving technical support from the United States Forest
Service; and
(iii) activities of international organizations and
multilateral development banks.
(b) Eligible Activities.--Any assistance received by the
Government of Haiti or the Government of Armenia under
subsection (a)(1) shall be conditional upon development and
implementation of a proposal under subsection (a)(2), which
may include--
(1) the provision of technologies and associated support
for activities to reduce deforestation or increase
afforestation and reforestation rates, including--
(A) fire reduction initiatives;
(B) forest law enforcement initiatives;
(C) the development of timber tracking systems;
(D) the development of cooking fuel substitutes;
(E) initiatives to increase agricultural productivity;
(F) tree-planting initiatives; and
(G) programs that are designed to focus on market-based
solutions, including programs that leverage the international
carbon-offset market;
(2) the enhancement and expansion of governmental and
nongovernmental institutional capacity to effectively design
and implement a proposal developed under subsection (a)(2)
through initiatives, including--
(A) the establishment of transparent, accountable, and
inclusive decisionmaking processes relating to all
stakeholders (including affected local communities);
(B) the promotion of enhanced coordination among ministries
and agencies responsible for agro-ecological zoning, mapping,
land planning and permitting, sustainable agriculture,
forestry, mining, and law enforcement; and
[[Page S6890]]
(C) the clarification of land tenure and resource rights of
affected communities, including local communities;
(3) the development and support of institutional capacity
to measure, verify, and report the activities carried out by
the Government of Haiti and the Government of Armenia to
reduce deforestation and increase afforestation and
reforestation rates through the use of appropriate methods,
including--
(A) the use of best practices and technologies to monitor
land use change in Haiti and Armenia, as well as changes in
the extent of natural forest cover, protected areas,
mangroves, agroforestry, and agriculture;
(B) the monitoring of the impacts of policies and
initiatives on--
(i) affected communities;
(ii) the biodiversity of the environment of Haiti and
Armenia; and
(iii) the health of the forests of Haiti and Armenia; and
(C) independent and participatory forest monitoring; and
(4) the development of and coordination with watershed
restoration programs in Haiti and Armenia, including--
(A) agreements with the Government of Haiti and the
Government of Armenia, nongovernmental organizations, or
private sector partners to provide technical assistance,
capacity building, or technology transfers which support the
environmental recovery of Haiti's and Armenia's watersheds
through forest restoration activities, provided that the
assistance will help strengthen economic drivers of
sustainable resource inventory mapping and management, reduce
environmental vulnerability, and improve governance,
planning, and community action of watersheds in Haiti and
Armenia;
(B) actions to support economic incentives for sustainable
resource management, including enhanced incentives for the
replacement of annual hillside cropping with perennial and
non-erosive production systems;
(C) enhanced extension services supporting the sustainable
intensification of agriculture to increase farmer incomes and
reduce pressure on degraded land; and
(D) investments in watershed infrastructure to reduce
environmental vulnerability, including the establishment of
appropriate erosion control measures through reforestation
activities in targeted watersheds or sub-watersheds.
(c) Development of Performance Metrics.--
(1) In general.--If the President provides assistance under
subsection (a)(1), the President, in cooperation with the
Government of Haiti and the Government of Armenia, shall
develop appropriate performance metrics to measure, verify,
and report--
(A) the conduct of each policy and initiative to be carried
out by the Government of Haiti and the Government of Armenia;
(B) the results of each policy and initiative with respect
to the forests of Haiti and Armenia; and
(C) impacts of reforestation policies and initiatives on
the local communities of Haiti and Armenia.
(2) Requirements.--Performance metrics developed under
paragraph (1) shall, to the maximum extent practicable,
include short-term and long-term metrics to evaluate the
implementation of each policy and initiative contained in
each proposal developed under subsection (a)(2).
(d) Reports.--
(1) Initial report.--Not later than 18 months after the
date of the enactment of this Act, the President shall submit
to the appropriate committees of Congress a report that
describes the actions that the President has taken, and plans
to take--
(A) to engage with the Government of Haiti and the
Government of Armenia, nongovernmental stakeholders, civil
society, and public and private nonprofit organizations to
implement this section; and
(B) to enter into agreements with the Government of Haiti
and the Government of Armenia under subsection (a)(1).
(2) Biennial reports.--Not later than 2 years after the
date on which the President first provides assistance to the
Government of Haiti and the Government of Armenia under
subsection (a)(1), and biennially thereafter, the President
shall submit to Congress a report that describes the progress
of the Government of Haiti and the Government of Armenia in
implementing each policy and initiative contained in the
proposal submitted under subsection (a)(2).
(e) Additional Assistance.--The President is authorized to
provide financial and other assistance to the Government of
Haiti and the Government of Armenia, local government bodies,
or nongovernmental organizations for the purpose of--
(1) providing local communities information relating to
each policy and initiative to be carried out by the
Government of Haiti and the Government of Armenia through
funds made available under subsection (a)(1);
(2) promoting effective participation by local communities
in the design, implementation, and independent monitoring of
each policy and initiative; and
(3) promoting, consistent with supporting the
sustainability of forestation activities, enhanced watershed
governance, national planning, and community action programs
that lead to increased--
(A) development of a national watershed management policy
for Haiti and Armenia with the appropriate government
ministries and agencies;
(B) establishment of an effective forum for donor
coordination related to management and reforestation in Haiti
and Armenia;
(C) support for the National Center for Geospatial
Information (CNIGS) and the United States Forest Service to
provide technology, data, and monitoring support for improved
watershed and forest resource management at a national scale
in Haiti and Armenia; and
(D) development of effective governance structures in Haiti
and Armenia for stakeholder engagement, coordination of
approaches, and land use planning and disaster mitigation at
the watershed scale; and
(4) meeting the goals of this Act, which, if findings
indicate are not appropriately and efficiently being met, may
cause the President to terminate direct funding to either the
Government of Haiti or the Government of Armenia.
(f) Minimum Country Reforestation Fund Percentage.--Not
less than 85 percent of amounts provided for programs under
this section shall be spent on actual reforestation
activities in Haiti and Armenia, which may include the
protection of reforested areas.
(g) Termination of Program.--The authority under this
section shall terminate 7 years after the date of the
enactment of this Act, unless the President certifies to the
appropriate congressional committees that effective and
sustainable programs are in place through the Government of
Haiti or Government of Armenia or local governments in Haiti
or Armenia, in potential partnership with international
donors, nongovernmental organizations, or civil society
groups, to protect and manage areas reforested pursuant to
this Act, and that additional time is necessary to further
the overarching goals of the Act. Upon making such
certification, the authority may be extended for a total of
two additional 7-year terms.
TITLE II--GRANTS FOR REFORESTATION
SEC. 201. REFORESTATION GRANT PROGRAM.
(a) Establishment.--The President is authorized to
establish a grant program to carry out the purposes of this
Act, including reversing deforestation and improving
reforestation and afforestation in Haiti and Armenia.
(b) Grants Authorized.--
(1) In general.--The President is authorized to award
grants and contracts to carry out projects that, in the
aggregate, reverse deforestation and improve reforestation
and afforestation.
(2) Maximum amount.--
(A) In general.--Except as provided in subparagraph (B),
the President may not award a grant under this section in an
amount greater than $500,000 per year.
(B) Exception.--The President may award a grant under this
section in an amount greater than $500,000 per year if the
President determines that the recipient of the grant has
demonstrated success with respect to a project that was the
subject of a grant under this section.
(3) Duration.--The President shall award grants under this
section for a period not to exceed 3 years.
(c) Use of Funds.--
(1) In general.--Grants awarded pursuant to subsection (b)
may be used for activities such as--
(A) providing a financial incentive to protect forests;
(B) providing hands-on management and oversight of
replanting efforts;
(C) focusing on sustainable income-generating growth;
(D) providing seed money to start cooperative reforestation
and afforestation efforts and providing subsequent
conditional funding for such efforts contingent upon required
tree care and maintenance activities;
(E) promoting widespread use of improved cooking stove
technologies, to the extent that this does not result in the
harvesting of forest growth and other renewable fuel
technologies that reduce deforestation and improve human
health; and
(F) securing the involvement and commitment of local
communities--
(i) to protect forests in existence as of the date of
enactment of this Act; and
(ii) to partner in and carry out afforestation and
reforestation activities.
(2) Local community participation.--Activities to secure
the participation of local communities under paragraph (1)(F)
should include one or more of the following activities:
(A) Creation of local jobs around protecting and managing
reforested areas.
(B) Collaboration to analyze biodiversity and ecosystem
services integral to business decisions.
(C) Cooperative conservation programs such as working with
local water sources to ensure clean water through improved
forestland and watershed or with food suppliers to ensure
sustainable agroforestry products.
(3) Consistency with proposals.--To the maximum extent
practicable, a project carried out using grant funds shall
support and be consistent with the proposal developed under
section 101(a)(2) that is the subject of the project.
(d) Application.--
(1) In general.--To be eligible for a grant under this
section, an entity shall prepare and submit an application at
such time, in such manner, and containing such information as
the President may reasonably require.
(2) Content.--Each application submitted under paragraph
(1) should be consistent
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with the findings and recommendations of either the 2007
United States Agency for International Development report
entitled, ``Environmental Vulnerability in Haiti: Findings
and Recommendations'' for Haiti or the 2009 United States
Agency for International Development report entitled
``Biodiversity Analysis Update for Armenia Final Report:
Prosperity, Livelihoods and Conserving Ecosystems (PLACE) IQC
Task Order #4'' for Armenia, and shall include--
(A) a description of the objectives to be attained;
(B) a description of the manner in which the grant funds
will be used;
(C) a plan for evaluating the success of the project based
on verifiable evidence; and
(D) to the extent that the applicant intends to use
nonnative species in afforestation efforts, an explanation of
the benefit of the use of nonnative species over native
species and verification that the species to be used are not
invasive.
(3) Preference for certain projects.--In awarding grants
under this section, preference shall be given to applicants
that propose--
(A) to develop market-based solutions to the difficulty of
reforestation in Haiti and Armenia, including the use of
conditional cash transfers and similar financial incentives
to protect reforestation efforts;
(B) to partner with local communities and cooperatives; and
(C) to focus on efforts that build local capacity to
sustain growth after the completion of the underlying grant
project.
(e) Dissemination of Information.--The President shall
collect and widely disseminate information about the
effectiveness of the demonstration projects assisted under
this section.
SEC. 202. FOREST PROTECTION PROGRAMS.
Chapter 7 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2281 et seq.) is amended by inserting after
section 466 the following new sections:
``SEC. 467. PILOT PROGRAM FOR HAITI.
``(a) Submission of List of Areas of Severely Degraded
Natural Resources.--The President, in cooperation with
nongovernmental conservation organizations, shall invite the
Government of Haiti to submit a list of areas within the
territory of Haiti in which forests are seriously degraded or
threatened.
``(b) Review of List.--The President shall assess the lists
submitted by the Government of Haiti under subsection (a) and
shall seek to reach agreement with the Government of Haiti
for the restoration and future sustainable use of those
areas.
``(c) Grant Program.--
``(1) Grants authorized.--The President is authorized to
make grants on such terms and conditions as may be necessary
to nongovernmental organizations for the purchase on the open
market of discounted debt of the Government of Haiti, if a
market is determined to be viable, in exchange for
commitments by the Government of Haiti to restore forests
identified by the Government under subsection (a) or for
commitments to develop plans for sustainable use of such
forests.
``(2) Management of protected areas.--Each recipient of a
grant under this subsection shall participate in the ongoing
management of the area or areas protected pursuant to such
grant.
``(3) Matching of grant funds.--Any United States funding
provided to a nongovernmental organization for grant
activities under this section shall be matched by an equal or
greater amount of funding from the nongovernmental
organization, which may include funding provided by other
international donors, nongovernmental organizations,
philanthropic bodies, corporations or other private entities,
institutions of higher learning, or other non-United States
Government sources.
``(4) Minimum country reforestation fund percentage.--Not
less than 85 percent of grant funds provided under this
section shall be spent on actual reforestation activities in
Haiti, which may include the protection of reforested areas.
``(5) Retention of proceeds.--Notwithstanding any other
provision of law, a grantee (or any subgrantee) of the grants
referred to in section (a) may retain, without deposit in the
Treasury of the United States and without further
appropriation by Congress, interest earned on the proceeds of
any resulting debt-for-nature exchange pending the
disbursements of such proceeds and interest for approved
program purposes, which may include the establishment of an
endowment, the income of which is used for such purposes.
``(6) Termination of program.--The authority to make grants
under the pilot program shall terminate five years after the
date of the enactment of this Act. The authority may be
renewed for one additional five-year period during the 20-
year reforestation period targeted by this Act if the
President determines and certifies to Congress that the pilot
program is effective in meeting the goals of the Act and the
commitment of the Government of Haiti to returning land in
Haiti to long-term sustainable forests. The cumulative
duration of the pilot program may not exceed ten total
years.''.
``SEC. 468. PILOT PROGRAM FOR ARMENIA.
``(a) Submission of List of Areas of Severely Degraded
Natural Resources.--The President, in cooperation with
nongovernmental conservation organizations, shall invite the
Government of Armenia to submit a list of areas within the
territory of Armenia in which forests are seriously degraded
or threatened.
``(b) Review of List.--The President shall assess the lists
submitted by the Government of Armenia under subsection (a)
and shall seek to reach agreement with the Government of
Armenia for the restoration and future sustainable use of
those areas.
``(c) Debt Forgiveness Agreement.--
``(1) Debt forgiveness.--The President is authorized to
forgive debt owed to the United States by the Government of
Armenia in exchange for commitments by the Government of
Armenia to restore forests identified by the Government under
subsection (a) or for commitments to develop plans for
sustainable use of such forests.
``(2) Management of protected areas.--The Government of
Armenia shall participate in the ongoing management of the
area or areas protected pursuant to such debt relief.
``(3) Minimum country reforestation fund percentage.--Not
less than 85 percent of funds that qualify under a debt
relief agreement under this section shall be spent on actual
reforestation activities in Armenia, which may include the
protection of reforested areas.
``(4) Termination of program.--The authority to offer debt
relief under the pilot program shall terminate five years
after the date of the enactment of this Act. The authority
may be renewed for 1 additional 5-year period during the 20-
year reforestation period targeted by this Act if the
President determines and certifies to Congress that the pilot
program is effective in meeting the goals of the Act and the
commitment of the Government of Armenia to returning land in
Armenia to long-term sustainable forests. The cumulative
duration of the pilot program may not exceed ten total
years.''.
TITLE III--ADMINISTRATIVE PROVISION
SEC. 301. DELEGATION.
The President (or the Administrator of the United States
Agency for International Development or the Secretary of
State as the President's delegee) may draw, as appropriate,
on the expertise of the United States Forest Service in
designing and implementing programs pursuant to this Act
relating to reforestation, watershed restoration, and
monitoring of land use change.
______
By Mr. CORNYN (for himself and Ms. Klobuchar):
S. 1549. A bill to amend chapter 87 of title 18, United States Code,
to end the terrorizing effects of the sale of muderabilia on crime
victims and their families; to the Committee on the Judiciary.
Mr. CORNYN. 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. 1549
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 ``Stop the Sale of
Murderabilia Act of 2013''.
SEC. 2. RESTRICTIONS ON THE MAILING AND DELIVERY PRIVILEGES
OF STATE AND FEDERAL PRISONERS FOR COMMERCIAL
PURPOSES.
(a) In General.--Chapter 87 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1794. Restrictions on the mailing and delivery
privileges of State and Federal prisoners for commercial
purposes
``(a) In General.--Except as provided in subsection (d), an
inmate of a prison convicted of a crime of violence who
knowingly deposits for mailing or delivery, or knowingly
causes to be delivered by mail, any property, article, or
object, with intent that the property, article, or object be
placed in interstate or foreign commerce, shall be fined
under this title and imprisoned not less than 6 months and
not more than 10 years. Any term of imprisonment imposed
under this subsection shall run consecutive to any other term
of imprisonment.
``(b) Period of Limitations.--An indictment for any offense
punishable under this section may be found at any time
without limitation.
``(c) Guidelines.--The Director of the Bureau of Prisons
and the head of the department of corrections, or other
similar agency, for any State may promulgate uniform
guidelines to restrict the privileges of any inmate of a
prison that violates this section.
``(d) Exception.--An inmate of a prison may mail or deliver
or cause to be delivered by mail title to real property,
title to motor vehicles, or a security if--
``(1) the mailing or delivery is to satisfy debt that is--
``(A) imposed by law or a court order, including--
``(i) support obligations;
``(ii) property taxes;
``(iii) income taxes;
``(iv) back taxes;
``(v) a legal judgment, fine, or restitution;
``(vi) fees to cover the cost of incarceration, including
fees for health care while incarcerated imposed under section
4048; and
[[Page S6892]]
``(vii) other financial obligations mandated by law or a
court order; or
``(B) incurred through a contract for--
``(i) legal services;
``(ii) a mortgage on the primary residence of the immediate
family of the inmate;
``(iii) the education or medical care of the inmate or a
member of the immediate family of the inmate; or
``(iv) life, health, home, or car insurance; or
``(2) the consent of the inmate is required by law to
transfer title for real property, a motor vehicle, or
security, where a person who is not incarcerated in a prison
is the owner or a co-owner of that real property, motor
vehicle, or security.
``(e) Definitions.--In this section--
``(1) the term `prison'--
``(A) means a Federal or State correctional, detention, or
penal facility or any prison, institution, or facility in
which persons are held in custody by direction of, or
pursuant to a contract or agreement with, the Attorney
General of the United States or a State; and
``(B) does not include a halfway house or location where an
individual is under home confinement;
``(2) the term `security' means--
``(A) a note, stock certificate, treasury stock
certificate, bond, treasury bond, debenture, certificate of
deposit, interest coupon, bill, check, draft, warrant, debit
instrument (as that term is defined in section 916(c) of the
Electronic Fund Transfer Act (15 U.S.C. 1693n(c))), money
order, traveler's check, letter of credit, warehouse receipt,
negotiable bill of lading, evidence of indebtedness,
certificate of interest in or participation in a profit-
sharing agreement, collateral-trust certificate, pre-
reorganization certificate of subscription, transferable
share, investment contract, or voting trust certificate;
``(B) a certificate of interest in, certificate of
participation in, certificate for, receipt for, or warrant or
option or other right to subscribe to or purchase any item
described in subparagraph (A); or
``(C) a blank form of any item described in subparagraph
(A) or (B); and
``(3) the terms `State' and `support obligation' have the
meanings given those terms in section 228.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 87 of title 18, United States Code, is
amended by adding at the end the following:
``1794. Restrictions on the mailing and delivery privileges of State
and Federal prisoners for commercial purposes.''.
SEC. 3. CRIMINAL FORFEITURE.
Section 982(a) of title 18, United States Code, is amended
by adding at the end the following:
``(9) The court, in sentencing a defendant convicted of an
offense under section 1794, or of a conspiracy to commit such
an offense, shall order that the defendant forfeit to the
United States any real or personal property--
``(A) used or intended to be used to commit, facilitate, or
promote the commission of such offense; and
``(B) constituting, derived from, or traceable to the gross
proceeds that the defendant obtained directly or indirectly
as a result of the offense.''.
SEC. 4. CIVIL FORFEITURE.
Any property subject to forfeiture under section 982(a)(9)
of title 18, United States Code, as added by this Act, may be
forfeited to the United States in a civil action in
accordance with the procedures set forth in chapter 46 of
title 18, United States Code.
SEC. 5. CIVIL REMEDIES.
(a) In General.--Any person aggrieved by reason of conduct
prohibited under section 1794 of title 18, United States
Code, as added by this Act, may bring a civil action in an
appropriate United States district court for the relief
described in subsection (b).
(b) Relief.--In any civil action brought under subsection
(a), the court may award appropriate relief, including--
(1) temporary, preliminary, or permanent injunctive relief;
(2) compensatory and punitive damages; and
(3) the costs of the civil action and reasonable fees for
attorneys and expert witnesses.
____________________