[Congressional Record Volume 164, Number 125 (Wednesday, July 25, 2018)]
[Senate]
[Pages S5363-S5373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN:
  S. 3263. A bill to limit the separation of families at or near ports 
of entry, to provide access to counsel for unaccompanied alien 
children, and to improve immigration detention, and for other purposes; 
to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the joint resolution be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                                S. 3263

       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 ``Humane Treatment of Migrant 
     Children Act''.

[[Page S5364]]

  


                   TITLE I--KEEPING FAMILIES TOGETHER

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Agent; officer.--The terms ``agent'' and ``officer'' 
     include contractors of the Federal Government.
       (2) Child.--The term ``child'' means an individual who--
       (A) has not reached the age of 18; and
       (B) has no permanent immigration status.
       (3) Committees of jurisdiction.--The term ``committees of 
     jurisdiction'' means--
       (A) the Committee on the Judiciary and the Committee on 
     Health, Education, Labor, and Pensions of the Senate; and
       (B) the Committee on the Judiciary of the House of 
     Representatives.
       (4) Danger of abuse or neglect at the hands of the parent 
     or legal guardian.--The term ``danger of abuse or neglect at 
     the hands of the parent or legal guardian'' shall not mean 
     migrating to or crossing the United States border.
       (5) Designated agency.--The term ``designated agency'' 
     means--
       (A) the Department of Homeland Security;
       (B) the Department of Justice; and
       (C) the Department of Health and Human Services.
       (6) Finding.--The term ``finding'' means an individualized 
     written assessment or screening by the trained agent or 
     officer that includes a consultation with a child welfare 
     specialist, formalized as required under section 102(c) and 
     consistent with sections 103, 104, and 108.
       (7) Secretary.--Unless otherwise specified, the term 
     ``Secretary'' means the Secretary of Homeland Security.

     SEC. 102. LIMITATION ON THE SEPARATION OF FAMILIES.

       (a) In General.--An agent or officer of a designated agency 
     shall be prohibited from removing a child from his or her 
     parent or legal guardian, at or near the port of entry or 
     within 100 miles of the border of the United States, unless 
     one of the following has occurred:
       (1) A State court, authorized under State law, terminates 
     the rights of a parent or legal guardian, determines that it 
     is in the best interests of the child to be removed from his 
     or her parent or legal guardian, in accordance with the 
     Adoption and Safe Families Act of 1997 (Public Law 105-89), 
     or makes any similar determination that is legally authorized 
     under State law.
       (2) An official from the State or county child welfare 
     agency with expertise in child trauma and development makes a 
     best interests determination that it is in the best interests 
     of the child to be removed from his or her parent or legal 
     guardian because the child is in danger of abuse or neglect 
     at the hands of the parent or legal guardian, or is a danger 
     to herself or others.
       (3) The Chief Patrol Agent or the Area Port Director in 
     their official and undelegated capacity, authorizes 
     separation upon the recommendation by an agent or officer, 
     based on a finding that--
       (A) the child is a victim of trafficking or is at 
     significant risk of becoming a victim of trafficking;
       (B) there is a strong likelihood that the adult is not the 
     parent or legal guardian of the child; or
       (C) the child is in danger of abuse or neglect at the hands 
     of the parent or legal guardian, or is a danger to themselves 
     or others.
       (b) Prohibition on Separation.--An agency may not remove a 
     child from a parent or legal guardian solely for the policy 
     goal of deterring individuals from migrating to the United 
     States or for the policy goal of promoting compliance with 
     civil immigration laws.
       (c) Documentation Required.--The Secretary shall ensure 
     that a separation under subsection (a)(3) is documented in 
     writing and includes, at a minimum, the reason for such 
     separation, together with the stated evidence for such 
     separation.

     SEC. 103. RECOMMENDATIONS FOR SEPARATION BY AGENTS OR 
                   OFFICERS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the Secretary of Health and Human Services, shall 
     develop training and guidance, with an emphasis on the best 
     interests of the child, childhood trauma, attachment, and 
     child development, for use by the agents and officers, in 
     order to standardize the implementation of section 102(a)(3).
       (b) Annual Review.--Not less frequently than annually, the 
     Secretary of Health and Human Services shall review the 
     guidance developed under subsection (a) and make 
     recommendations to the Secretary to ensure such guidance is 
     in accordance with current evidence and best practices in 
     child welfare, child development, and childhood trauma.
       (c) Requirement.--The guidance under subsection (a) shall 
     incorporate the presumptions described in section 104.
       (d) Additional Requirements.--
       (1) Evidence-based.--The guidance and training developed 
     under this section shall incorporate evidence-based 
     practices.
       (2) Training required.--
       (A) All agents and officers of designated agencies, upon 
     hire, and annually thereafter, shall complete training on 
     adherence to the guidance under this section.
       (B) All Chief Patrol Agents and Area Port Directors, upon 
     hire, and annually thereafter, shall complete--
       (i) training on adherence to the guidance under this 
     section; and
       (ii) 90 minutes of child welfare practice training that is 
     evidence-based and trauma-informed.

     SEC. 104. PRESUMPTIONS.

       The presumptions described in this section are the 
     following:
       (1) Family unity.--There shall be a strong presumption in 
     favor of family unity.
       (2) Siblings.--To the maximum extent practicable, the 
     Secretary shall ensure that sibling groups remain intact.
       (3) Detention.--In general, there is a presumption that 
     detention is not in the best interests of families and 
     children.

     SEC. 105. REQUIRED POLICY FOR LOCATING SEPARATED CHILDREN.

       (a) In General.--Not later than 180 days after the after 
     the date of the enactment of this Act, the Secretary shall 
     publish final public guidance that describes, with 
     specificity, the manner in which a parent or legal guardian 
     may locate a child who was separated from the parent or legal 
     guardian under section 102(a). In developing the public 
     guidance, the Secretary shall consult with the Secretary of 
     Health and Human Services, immigrant advocacy organizations, 
     child welfare organizations, and State child welfare 
     agencies.
       (b) Written Notification.--The Secretary shall provide each 
     parent or legal guardian who was separated, with written 
     notice of the public guidance to locate a separated child.
       (c) Language Access.--All guidance shall be available in 
     English and Spanish, and at the request of the parent or 
     legal guardian, in the language or manner that is 
     understandable by the parent or legal guardian.

     SEC. 106. REQUIRED INFORMATION FOR SEPARATED FAMILIES.

       Not less frequently than once every month, the Secretary 
     shall provide the parent or legal guardian of a child who was 
     separated, the following information, at a minimum:
       (1) A status report on the monthly activities of the child.
       (2) Information about the education and health of the 
     child, including any medical treatment provided to the child 
     or medical treatment recommended for the child.
       (3) Information about changes to the child's immigration 
     status.
       (4) Other information about the child, designed to promote 
     and maintain family reunification, as the Secretary 
     determines in his or her discretion.

     SEC. 107. ANNUAL REPORT ON FAMILY SEPARATION.

       Not later than 1 year after the date of the enactment of 
     this Act, and annually thereafter, the Secretary shall submit 
     to the committees of jurisdiction a report that describes 
     each instance in which a child was separated from a parent or 
     legal guardian and includes, for each such instance, the 
     following:
       (1) The relationship of the adult and the child.
       (2) The age and gender of the adult and child.
       (3) The length of separation.
       (4) Whether the adult was charged with a crime, and if the 
     adult was charged with a crime, the type of crime.
       (5) Whether the adult made a claim for asylum, expressed a 
     fear to return, or applied for other immigration relief.
       (6) Whether the adult was prosecuted if charged with a 
     crime and the associated outcome of such charges.
       (7) The stated reason for, and evidence in support of, the 
     separation.
       (8) If the child was part of a sibling group at the time of 
     separation, whether the sibling group has had physical 
     contact and visitation.
       (9) Whether the child was rendered an unaccompanied alien 
     child.
       (10) Other information in the Secretary's discretion.

     SEC. 108. CLARIFICATION OF PARENTAL RIGHTS.

       If a child is separated from a parent or legal guardian, 
     and a State court has not made a determination that the 
     parental rights have been terminated, there is a presumption 
     that--
       (1) the parental rights remain intact; and
       (2) the separation does not constitute an affirmative 
     determination of abuse or neglect under Federal or State law.

     SEC. 109. CLARIFICATION OF EXISTING LAW.

       (a) Federal Law.--Nothing in this title shall be 
     interpreted to supersede or modify Federal child welfare law, 
     where applicable, including the Adoption and Safe Families 
     Act of 1997 (Public Law 105-89).
       (b) State Law.--Nothing in this title shall be interpreted 
     to supersede or modify State child welfare laws where 
     applicable.

     SEC. 110. GAO REPORT ON PROSECUTION OF ASYLUM SEEKERS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the prosecution of asylum seekers 
     during the period beginning on January 1, 2008 and ending on 
     December 31, 2018, including--
       (1) the total number of persons who claimed a fear of 
     persecution, received a favorable credible fear 
     determination, and were referred for prosecution;
       (2) an overview and analysis of the metrics used by the 
     Department of Homeland Security and the Department of Justice 
     to track the number of asylum seekers referred for 
     prosecution;
       (3) the total number of asylum seekers referred for 
     prosecution, a breakdown and description of the criminal 
     charges filed against asylum seekers during such period, and 
     a breakdown and description of the convictions secured;

[[Page S5365]]

       (4) the total number of asylum seekers who were separated 
     from their children as a result of being referred for 
     prosecution;
       (5) a breakdown of the resources spent on prosecuting 
     asylum seekers during such period, as well as any diversion 
     of resources required to prosecute asylum seekers, and any 
     costs imposed on States and localities;
       (6) the total number of asylum seekers who were referred 
     for prosecution and also went through immigration 
     proceedings; and
       (7) the total number of asylum seekers referred for 
     prosecution who were deported before going through 
     immigration proceedings.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report that describes the results of the study 
     conducted pursuant to subsection (a).

                  TITLE II--FAIR DAY IN COURT FOR KIDS

     SEC. 201. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING 
                   COSTS BY INCREASING ACCESS TO LEGAL 
                   INFORMATION.

       (a) Appointment of Counsel in Removal Proceedings; Right to 
     Review Certain Documents in Removal Proceedings.--Section 
     240(b) of the Immigration and Nationality Act (8 U.S.C. 
     1229a(b)) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A)--
       (i) by striking ``, at no expense to the Government,''; and
       (ii) by striking the comma at the end and inserting a 
     semicolon;
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (D) and (E), respectively;
       (C) by inserting after subparagraph (A) the following:
       ``(B) the Attorney General may appoint or provide counsel, 
     at Government expense, to aliens in immigration proceedings;
       ``(C) the alien, or the alien's counsel, not later than 7 
     days after receiving a notice to appear under section 239(a), 
     shall receive a complete copy of the alien's immigration file 
     (commonly known as an `A-file') in the possession of the 
     Department of Homeland Security (other than documents 
     protected from disclosure under section 552(b) of title 5, 
     United States Code);''; and
       (D) in subparagraph (D), as redesignated, by striking ``, 
     and'' and inserting ``; and''; and
       (2) by adding at the end the following:
       ``(8) Failure to provide alien required documents.--A 
     removal proceeding may not proceed until the alien, or the 
     alien's counsel, if the alien is represented--
       ``(A) has received the documents required under paragraph 
     (4)(C); and
       ``(B) has been provided at least 10 days to review and 
     assess such documents.''.
       (b) Clarification Regarding the Authority of the Attorney 
     General to Appoint Counsel to Aliens in Immigration 
     Proceedings.--
       (1) In general.--Section 292 of the Immigration and 
     Nationality Act (8 U.S.C. 1362) is amended to read as 
     follows:

     ``SEC. 292. RIGHT TO COUNSEL.

       ``(a) In General.--Except as provided in subsections (b) 
     and (c), in any removal proceeding and in any appeal 
     proceeding before the Attorney General from any such removal 
     proceeding, the subject of the proceeding shall have the 
     privilege of being represented by such counsel as may be 
     authorized to practice in such proceeding as he or she may 
     choose. This subsection shall not apply to screening 
     proceedings described in section 235(b)(1)(A).
       ``(b) Access to Counsel for Unaccompanied Alien Children.--
       ``(1) In general.--In any removal proceeding and in any 
     appeal proceeding before the Attorney General from any such 
     removal proceeding, an unaccompanied alien child (as defined 
     in section 462(g) of the Homeland Security Act on 2002 (6 
     U.S.C. 279(g))) shall be represented by Government-appointed 
     counsel, at Government expense.
       ``(2) Length of representation.--Once a child is designated 
     as an unaccompanied alien child under paragraph (1), the 
     child shall be represented by counsel at every stage of the 
     proceedings from the child's initial appearance through the 
     termination of immigration proceedings, and any ancillary 
     matters appropriate to such proceedings even if the child 
     attains 18 years of age or is reunified with a parent or 
     legal guardian while the proceedings are pending.
       ``(3) Notice.--Not later than 72 hours after an 
     unaccompanied alien child is taken into Federal custody, the 
     alien shall be notified that he or she will be provided with 
     legal counsel in accordance with this subsection.
       ``(4) Within detention facilities.--The Secretary of 
     Homeland Security shall ensure that unaccompanied alien 
     children have access to counsel inside all detention, 
     holding, and border facilities.
       ``(c) Pro Bono Representation.--
       ``(1) In general.--To the maximum extent practicable, the 
     Attorney General should make every effort to utilize the 
     services of competent counsel who agree to provide 
     representation to such children under subsection (b) without 
     charge.
       ``(2) Development of necessary infrastructures and 
     systems.--The Attorney General shall develop the necessary 
     mechanisms to identify counsel available to provide pro bono 
     legal assistance and representation to children under 
     subsection (b) and to recruit such counsel.
       ``(d) Contracts; Grants.--The Attorney General may enter 
     into contracts with, or award grants to, nonprofit agencies 
     with relevant expertise in the delivery of immigration-
     related legal services to children to carry out the 
     responsibilities under this section, including providing 
     legal orientation, screening cases for referral, recruiting, 
     training, and overseeing pro bono attorneys. Nonprofit 
     agencies may enter into subcontracts with, or award grants 
     to, private voluntary agencies with relevant expertise in the 
     delivery of immigration related legal services to children in 
     order to carry out this section.
       ``(e) Model Guidelines on Legal Representation of 
     Children.--
       ``(1) Development of guidelines.--The Executive Office for 
     Immigration Review, in consultation with voluntary agencies 
     and national experts, shall develop model guidelines for the 
     legal representation of alien children in immigration 
     proceedings, which shall be based on the children's asylum 
     guidelines, the American Bar Association Model Rules of 
     Professional Conduct, and other relevant domestic or 
     international sources.
       ``(2) Purpose of guidelines.--The guidelines developed 
     under paragraph (1) shall be designed to help protect each 
     child from any individual suspected of involvement in any 
     criminal, harmful, or exploitative activity associated with 
     the smuggling or trafficking of children, while ensuring the 
     fairness of the removal proceeding in which the child is 
     involved.
       ``(f) Duties of Counsel.--Counsel provided under this 
     section shall--
       ``(1) represent the unaccompanied alien child in all 
     proceedings and matters relating to the immigration status of 
     the child or other actions involving the Department of 
     Homeland Security;
       ``(2) appear in person for all individual merits hearings 
     before the Executive Office for Immigration Review and 
     interviews involving the Department of Homeland Security;
       ``(3) owe the same duties of undivided loyalty, 
     confidentiality, and competent representation to the child as 
     is due to an adult client; and
       ``(4) carry out other such duties, as determined by the 
     Attorney General or the Executive Office for Immigration 
     Review.
       ``(g) Savings Provision.--Nothing in this section may be 
     construed to supersede--
       ``(1) any duties, responsibilities, or disciplinary or 
     ethical responsibilities an attorney may have to his or her 
     client under State law;
       ``(2) the admission requirements under State law; or
       ``(3) any other State law pertaining to the admission to 
     the practice of law in a particular jurisdiction.''.
       (2) Rulemaking.--The Attorney General shall promulgate 
     regulations to implement section 292 of the Immigration and 
     Nationality Act, as added by paragraph (1), in accordance 
     with the requirements set forth in section 3006A of title 18, 
     United States Code.

     SEC. 202. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT 
                   DETENTION FACILITIES.

       The Secretary of Homeland Security shall provide access to 
     counsel for all aliens detained in a facility under the 
     supervision of U.S. Immigration and Customs Enforcement, U.S. 
     Customs and Border Protection, or the Department of Health 
     and Human Services, or in any private facility that contracts 
     with the Federal Government to house, detain, or hold aliens.

     SEC. 203. REPORT ON ACCESS TO COUNSEL.

       (a) Report.--Not later than December 31 of each year, the 
     Secretary of Homeland Security, in consultation with the 
     Attorney General, shall prepare and submit to the Committee 
     on the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives a report regarding 
     the extent to which aliens described in section 292(b) of the 
     Immigration and Nationality Act, as added by section 
     201(b)(1), have been provided access to counsel.
       (b) Contents.--Each report submitted under paragraph (a) 
     shall include, for the immediately preceding 1-year period--
       (1) the number and percentage of aliens described in 
     section 292(b) of the Immigration and Nationality Act, as 
     added by section 201(b)(1), who were represented by counsel, 
     including information specifying--
       (A) the stage of the legal process at which each such alien 
     was represented;
       (B) whether the alien was in government custody; and
       (C) the nationality and ages of such aliens; and
       (2) the number and percentage of aliens who received legal 
     orientation presentations, including the nationality and ages 
     of such aliens.

     SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     the Executive Office of Immigration Review of the Department 
     of Justice such sums as may be necessary to carry out this 
     title.
       (b) Budgetary Effects.--The budgetary effects of this 
     title, for the purpose of complying with the Statutory Pay-
     As-You-Go-Act of 2010, shall be determined by reference to 
     the latest statement titled ``Budgetary Effects of PAYGO 
     Legislation'' for this title, submitted for printing in the 
     Congressional Record by the Chairman of the Senate Budget 
     Committee, provided that such statement has been submitted 
     prior to the vote on passage.

[[Page S5366]]

  


               TITLE III--IMPROVING IMMIGRATION DETENTION

     SEC. 301. IMMIGRATION DETENTION PRIORITIES.

       (a) Prioritization.--The Director of U.S. Immigration and 
     Customs Enforcement shall use the limited resources of U.S. 
     Immigration and Customs Enforcement to detain aliens who pose 
     a threat to national security or public safety.
       (b) Presumption.--Absent extraordinary circumstances, 
     aliens shall not be detained if--
       (1) they are known to be suffering from serious physical or 
     mental illness;
       (2) they have a disability;
       (3) they are elderly, pregnant, or nursing;
       (4) they are minors;
       (5) they demonstrate that they are primary caretakers of a 
     minor or an infirm person; or
       (6) their detention is otherwise not in the public 
     interest.

     SEC. 302. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT DETENTION 
                   FACILITY STANDARDS.

       Beginning not later than 1 year after the date of the 
     enactment of this Act, all U.S. Immigration and Customs 
     Enforcement detention system facilities, including contract 
     facilities and local and county jails operating under 
     intergovernmental service agreements, shall meet the 
     Performance-Based National Detention Standards developed by 
     U.S. Immigration and Customs Enforcement in 2011, including 
     the revisions issued in December 2016.

     SEC. 303. INCREASED FUNDING FOR ALTERNATIVES TO DETENTION.

       (a) In General.--The Secretary of Homeland Security shall 
     provide sufficient funding to the Alternatives to Detention 
     Division to cover alternatives to detention program costs for 
     all aliens awaiting immigration proceedings who are not 
     subject to detention.
       (b) Contracts Authorized.--The Director of U.S. Immigration 
     and Customs Enforcement shall contract with nonprofit service 
     providers with the ability to provide the services required 
     in operating an alternatives to detention program whenever 
     feasible.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 304. INCREASING THE NUMBER OF IMMIGRATION JUDGES AND 
                   STRENGTHENING MERIT-BASED HIRING AND DUE 
                   PROCESS.

       (a) Immigration Judges.--The Attorney General shall 
     increase the total number of immigration judges by 225, 
     compared to the number of immigration judges authorized on 
     the date of the enactment of this Act.
       (b) Support Staff; Other Resources.--The Attorney General 
     shall ensure that the Executive Office for Immigration Review 
     has sufficient support staff, adequate technological and 
     security resources, and appropriate facilities to conduct the 
     immigration proceedings required under Federal law.
       (c) Limitation.--Amounts appropriated for the Executive 
     Office for Immigration Review or for any other Department of 
     Justice agency or function may not be used to implement 
     numeric judicial performance standards or other standards 
     that could negatively impact the fair administration of 
     justice by the immigration courts.
       (d) Qualification; Selection.--The Attorney General shall--
       (1) ensure that all newly hired immigration judges and 
     Board of Immigration Appeals members are highly qualified and 
     trained to conduct fair, impartial adjudications in 
     accordance with applicable due process requirements; and
       (2) in selecting immigration judges, may not give any 
     preference to candidates with prior government experience 
     compared to equivalent subject-matter expertise resulting 
     from nonprofit, private bar, or academic experience.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 305. U.S. CITIZENSHIP AND IMMIGRATION SERVICES REFUGEE 
                   CORPS OFFICERS.

       The Secretary of Homeland Security shall increase the total 
     number of Department of Homeland Security personnel who are 
     responsible for processing refugee applications by not fewer 
     than the maximum number of such personnel reassigned to the 
     Asylum Division during fiscal year 2018.
                                 ______
                                 
      By Mr. JONES (for himself, Mr. Alexander, Mr. Graham, and Mr. 
        Corker):
  S. 3266. A bill to require a study of the well-being of the United 
States automotive industry and to stay the investigation into the 
national security effects of automotive imports until the study is 
completed, and for other purposes; to the Committee on Finance.
  Mr. JONES. Mr. President, I rise today on behalf of the line workers 
at our Alabama auto plants. I rise on behalf of our soybean and cotton 
farmers. I rise on behalf of countless other Alabama businesses that 
have contacted me because they feel threatened by proposed tariffs but 
are afraid to speak out publicly for fear of reprisal. In some cases 
they simply don't want to be seen as inflicting political damage on the 
President.
  I came to this body to work on solutions, not to raise partisan 
threat levels. I am not one to unfairly level criticism at the 
President of the United States, but I have called it as I see it when 
his actions hurt our economy and my State, in particular, and I will 
continue to do so.
  Today, I want to talk about his proposed tariffs on our allies and 
our trading partners. These actions have prompted retaliatory tariffs 
on countless Alabama goods, including cotton and soybeans. American 
industries overwhelmingly oppose these tariffs or, really, they are 
taxes on their products.
  I share President Trump's desire to see continued growth in our 
manufacturing sector and to secure trade deals that benefit our 
country. His tariffs are not leading to more manufacturing jobs in 
Alabama. Instead, they have manufactured a crisis that threatens to 
permanently harm our businesses and our farms. This is a self-inflicted 
wound.
  I am well aware that China has been a rogue actor when it comes to 
trade, and I support a strong response. Alabama's steel industry, for 
example, was hurt by the illegal dumping of Chinese steel into the 
global market. I witnessed it firsthand in my hometown of Fairfield, 
AL, once home to one of the country's largest U.S. steel facilities, 
which now sits virtually idle. Globe Metallurgical in Selma has been 
hit by the dumping of silicon metal from China. China has time and 
again shown a blatant disregard for American intellectual property 
rights. I have spoken out against these abuses and will continue to do 
so when they occur in the future.
  We should not sweep our friends with the same brush with which we 
sweep China. Antagonizing allies like Canada, South Korea, and Germany 
for no reason at all only weakens us. According to the U.S. Chamber of 
Commerce, more than half a million Alabama jobs are supported by global 
trade, meaning more than one in every four Alabama jobs are tied to 
trade. Those jobs are needlessly at risk to date.
  I have spoken with representatives from industries across my State. 
Some are already hurting from the tariffs; others are OK for the moment 
but are fearful of consequences down the road, such as losing suppliers 
or taking a direct hit from retaliatory tariffs.
  Many of these workers or business owners tell me they support 
President Trump. They want him to do well. They voted for him, and they 
are hesitant to speak out because they don't want to appear to be 
disloyal or harm him politically. They are confused as to why the 
President is taking steps that hurt their businesses and put their jobs 
at risk. They want help.
  They say what we in this body already know: Tariffs are nothing more 
than tax increases. They are taxes that hurt American businesses, 
American workers, American consumers, and the American economy. In a 
cruel twist, they seem to be doing the most damage in the places and 
sectors that make up the President's base of support: farmers, 
autoworkers, truck drivers. These are the exact folks he promised to 
take care of. Nowhere is that more prevalent and evident than in our 
automotive industry. It is not just really an ``industry'' as we think 
of it in abstract terms. It means people, jobs, families, and the 
ability to support a family.
  One of those people is a man named John Hall. John has been a 
maintenance worker at the Hyundai Motor manufacturing plant in 
Montgomery, AL, for nearly 14 years. He recently came to Washington to 
tell folks about what the industry has meant to his community.
  At a rally last Thursday, he said that the transformation of 
Montgomery and the Alabama River Region has been breathtaking--
breathtaking--since the Hyundai plant arrived in our State. He went on 
that day to testify at the Commerce Department at a hearing about 
whether or not imported automobiles, trucks, and parts posed a national 
security threat.
  That bears repeating. These tariffs on automobiles--foreign 
automobiles and parts--are being proposed because somehow, some way 
foreign vehicles and parts are a threat to national security.

[[Page S5367]]

  I don't know how else to say it, but that is a ridiculous premise, 
and everyone knows it. Even the President implicitly acknowledged that 
in one of his Twitter rants the other day when he threatened to raise 
auto tariffs in response to the antitrust fine levied against Google by 
the European Union. Not only is it not a national security threat, this 
industry has brought untold opportunity to Alabama and other States, 
particularly in the Southeast.
  Before the automakers came to Alabama, our manufacturing industry was 
still reeling from NAFTA. Many Alabama facilities, like textile 
manufacturers, were closing down and moving to other countries. These 
automakers came to Alabama--Mercedes, Honda, Hyundai, Toyota's engine 
factory, which is now a Toyota and Mazda automobile factory, breaking 
ground soon, and they have breathed new life into our economy. They 
have all announced planned expansions in the last year or so.
  Alabama's automotive sector employs some 50,000 people, and motor 
vehicle exports from Alabama reached $11 billion in 2017. Simply put, 
Alabama is a trade State, an exporting State. It is not just cars, 
either. We export about $170 million annually in soybeans to China, and 
that industry contributes 11,000 jobs to our State.
  The day China released its list of U.S. goods that could be tariffed, 
soybean prices fell 40 cents that morning. Stan Usery, the president of 
the Alabama Soybean & Corn Association and soybean farmer, said:

       If you weighed that out in dollar figures, it was in the 
     billions of what the value of the U.S. soybean crop lost in 
     just that one day. Just based on the fear of an imposed 
     tariff.

  I have heard from other farmers too. Peanut contract prices have 
fallen flat. Pork prices have fallen $18 a head since March. Cotton 
prices dropped 10 cents in the wake of the initial round of tariffs. 
Our cattle farmers share these concerns and are anticipating potential 
production cost increases as a result of more expensive fuel and grain.
  Just yesterday, we learned that the administration is going to spend 
$12 billion in taxpayer money to help offset the damage its trade war 
has done to American farmers. These farmers need the money. It is a 
self-inflicted wound, but they need it. This money might help some of 
the farmers somewhat in the short term, but it is a slippery slope for 
the President of the United States to start down.
  What about the meatpackers who see less work because of reduced sales 
or truckdrivers who transport these goods across the country? These 
folks want trade, not aid. If tariffs are not reversed soon, the damage 
to supply chains and markets cannot be undone.
  A company like Harley-Davidson can move a plant from Wisconsin 
overseas to avoid tariffs. My farmers in Alabama can't do that. You 
can't move a soybean farm. You can't move a cotton field. You can only 
move plants, hardware, and people.
  China is one of the top markets for Alabama's cotton, poultry, pork, 
and soybeans. When China chooses to source these goods from Brazil, 
Australia, or Vietnam to avoid the President's tariffs, they will not 
go back to purchasing from Alabama once common sense prevails and the 
tariffs are rescinded. By then, it will be too late. A market will be 
lost, and family farms cannot recover from the loss of a business.
  I know some folks back home in Alabama don't like it when the 
President gets criticized. They certainly don't like it when I do, and 
I understand that. They don't like it even when the policies of the 
administration may hurt Alabama.
  One of my own delegation colleagues in the House went so far as to 
suggest that we shouldn't be worried about these automobile tariffs; we 
are all getting worked up over nothing. I like to think he is right, 
but I don't think he is, and neither do the thousands of folks who work 
in Alabama's automobile industry or their family members who have 
written or called my offices, nor do the industry representatives they 
have sent to Washington to plead with their elected officials for help, 
nor does my good friend, the senior Senator from Tennessee, with whom I 
am proud to be standing here today.
  I believe these tariffs are bad for Alabama and bad for America.
  Senator Alexander, who is a strong supporter of the President on many 
issues, agrees that these tariffs represent a very real threat to the 
hundreds of thousands of jobs in the automotive industry. No region in 
the country would be hit harder than the Southeast, where textiles used 
to be king but where automobiles now reign supreme.
  That is why I am here today, to stand up for my constituents and to 
do what I think is right. It is why, last month, Senator Alexander and 
I wrote to Commerce Secretary Wilbur Ross, urging him to reconsider the 
auto tariff tax proposal before it damages the automotive sector, which 
contributes more than 200,000 jobs to our two States. It is why I have 
reached out to the Commerce Department and the U.S. Trade 
Representatives on behalf of a number of Alabama businesses, from 
textiles to heating and air conditioning companies, to businesses in 
the energy sector, each facing their own unique crisis because of the 
proposed tariffs.
  In fact, since I was sworn in, I have invited representatives from a 
number of impacted industries to come to my office to share their 
stores, to offer suggestions on what we can do, and to be honest about 
outcomes if we fail to act.
  I did not come to this body to simply sit by and watch and do 
nothing, especially when I see a need and I need to step up. I said I 
would follow my conscience and do the right thing to make Alabama and 
America a better place. In that spirit, a short time earlier today, 
Senator Alexander and I followed up on our letter to Secretary Ross--to 
which, quite frankly, we have not yet received a response--by 
introducing the Automotive Jobs Act of 2018. It is a bipartisan effort 
to halt President Trump's proposed tax on imported cars, trucks, and 
auto parts, which would raise the price of every automobile produced in 
the United States.
  Our legislation would require the International Trade Commission to 
conduct a comprehensive study of the well-being, health, and vitality 
of the U.S. automotive industry. The ITC will be required to deliver 
the report to Congress before these tariffs could be applied.
  Tariffs should be used to protect American jobs, not hurt them. In 
the coming weeks, I will be looking at other legislative solutions to 
help other sectors impacted by the President's tariffs, but the 
President can save our auto industry today by simply calling off the 
232 investigation.
  If we are not vigilant, hard-working Alabamians are going to be the 
losers in this game of chicken with China, the European Union, and 
others. The small family farmers, the line workers at our auto plants, 
the truckdrivers who transport Alabama-made products to market, and our 
port, all stand to lose the gains that we have made in the last couple 
of decades.
  It is my hope that through this legislation we can demonstrate beyond 
any doubt the positive benefits the auto industry brings to Alabama, 
Tennessee, and many other States across the country.
  Instead of pursuing these tariffs, we should be partnering with our 
allies who have also been treated unfairly by countries like China and 
present a united front against bad actors and their harmful trade 
practices.
  I believe in the great potential of our Nation's automobile industry, 
and I want to empower both the American and foreign automakers who have 
already invested significantly in this country. This is a thriving 
industry and one supported by the greatest workforce in the world. 
Let's help it to continue to grow and support good-paying jobs in our 
communities. We need to stand united against these proposed tariffs.
  President Trump, Alabamians are counting on you to do the right thing 
by those who stood with you. I hope you will do so.
  I yield for my friend, the senior Senator from Tennessee, Mr. 
Alexander.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. ALEXANDER. Mr. President, I thank the Senator from Alabama for 
his leadership and his remarks.
  The President of the United States has got the world's attention with 
his tariffs. He met today with the President of the European 
Commission, but what should get more attention than

[[Page S5368]]

the tariffs is President Trump's solution for the tariffs: zero 
tariffs, zero barriers--which, as the President said at the G7 summit 
in June, is the way it should be. He said that again last night and 
again today. After his meeting with the President of the European 
Commission in the Oval Office, President Trump said: ``If we could have 
no tariffs and no barriers and no subsidies, the United States would be 
extremely pleased.''
  Well, so would I, Mr. President, but that is not what is happening. 
Piling tariffs on top of tariffs with no end in sight is a trade war 
and will hurt American workers.
  But the basis of the President's long-term solution is 
``reciprocity,'' a word he has also used many times, which means, when 
it comes to trade, other countries should do for the United States what 
the United States does for them. Taking steps in the direction of 
reciprocity, rather than a trade war, would be much better for the 
American worker.
  Today I have come to the floor with Senator Jones to introduce 
legislation that would delay the administration's proposed 25 percent 
tariff on automobiles and auto parts imported from other countries into 
the United States until the President has the benefit of a second 
opinion from the International Trade Commission about the effects those 
tariffs would have on the more than 7 million Americans who work in the 
auto industry.
  After the President and the Congress have received the International 
Trade Commission's study and the President has this second opinion, he 
may still continue with the section 232 investigation if he chooses to 
do so.
  I have no doubt that there is a trade problem, and some countries are 
taking advantage of us. I also have no doubt that shooting yourself in 
both feet at once is not the right solution to our problem, which is 
what would happen if we continue these tariffs for a long time. That is 
not the best way to solve the problem.
  These tariffs are dangerous. These tariffs are going to cost us jobs. 
These tariffs are going to lower our family incomes. These tariffs are 
going to undo much of the good the President and the Congress have done 
during the last year and a half to create this booming economy, which 
is booming like none of us have seen for a long, long time. We don't 
want to interrupt that.
  A better strategy is the one that the President himself has suggested 
and that I believe would be much more effective: Insist on reciprocity. 
Say to other countries: Do for our country what we do for you--just as 
the President said at the G7 summit: ``no tariffs, no barriers is the 
way it should be.'' And just as he said today to the President of the 
European Commission.
  May I suggest a first step in that direction? It might be to agree on 
the same tariffs on light trucks and cars that are traded between the 
United States and the European Union. Currently, the European Union 
levies a 10-percent tariff on light trucks that come from the United 
States, and the United States levies a 25-percent tariff on trucks 
imported from the European Union. Similarly, the European Union levies 
a 10-percent tariff on cars imported from this country. The United 
States levies a 2.5 percent tariff on cars that come to us from Europe. 
A first step for the solution would be to make these tariffs the same.
  Now, my late friend Alex Haley once told me that if I begin a speech 
by saying ``instead of making a speech, let me tell you a story,'' 
someone might actually listen to what I have to say. So let me tell you 
a story about how tariffs affect Tennessee.
  This is a story about a Canadian company, Onward Manufacturing 
Company, which 8 years ago had a choice between locating its new plant 
either in the United States or in China. The company chose Dickson, TN, 
where today about 300 Tennesseans have good-paying jobs making Broil 
King gas grills, which the company then exports to Canada and Europe.
  The company decided on Tennessee instead of China because NAFTA--the 
North American Free Trade Agreement--made it possible to buy materials 
and parts to manufacture their grills in the United States and Canada 
without paying tariffs. That is the advantage of zero tariffs.
  Broil King buys the steel and aluminum the company uses to make 
grills from U.S. producers. But in 2016, our country imposed tariffs on 
steel from China that is used to manufacture grills. That increased the 
cost of imported steel, and that had the effect of increasing the price 
of steel made in the United States.
  Then, on March 23 of this year, our country imposed another 25 
percent tariff on steel and 10 percent on aluminum, after the Commerce 
Department's section 232 investigation concluded that those imports 
were a threat to national security. This also had the effect of raising 
the price of steel and aluminum that Broil King used to make gas grills 
in Dickson, TN. Prices for U.S.-produced steel that Broil King buys are 
up by 40 percent since January, according to the trade publication 
Steel Benchmark.
  This is called shooting yourself in one foot. Now, here goes the 
other foot.
  Europe and Canada then responded to the U.S. tariffs on steel and 
aluminum by imposing tariffs on U.S. products sold in Europe and 
Canada, including gas grills.
  Broil King exports about 60 percent of the grills the company makes 
in Tennessee to Canada and Europe. Remember, they located their plant 
here so they could do that.
  The company told me last week that they are losing money on every 
grill they sell in Europe because of the combination of steel and 
aluminum tariffs and the response by Europe and Canada.
  Broil King is also hurt by the March 2018 announcement that tariffs 
would be imposed on $50 billion by the United States on Chinese goods 
because the company buys some parts from China that it uses to make gas 
grills in Tennessee.
  Now, here is what is causing the owners of Broil King to wonder why 
they ever decided to locate a plant in Dickson, TN, instead of China. 
The new U.S. tariffs do not apply to barbecue gas grills made in China 
that are already assembled, which means that every one of Broil King's 
competitors in China can import their grills into the United States 
without any tariff on it.
  So here is the bottom line. These new tariffs make it difficult to 
make a profit on gas grills made in Dickson, TN, and leave the U.S. 
market wide open for gas grills made in China.
  That is what happened to one small company that employs 300 
Tennesseans and buys its steel and aluminum from U.S. suppliers when we 
begin piling tariffs on top of tariffs with no end in sight. That is 
what happens with a trade war.
  That is why I like what the President said this morning to the 
President of the European Commission. ``If we could have no tariffs and 
no barriers and no subsidies,'' the President said, ``the United States 
would be extremely pleased.'' So would workers in Tennessee. That would 
be better for the 300 workers in Dickson, TN.
  Here is another story. It is about Electrolux. I visited Springfield, 
TN, outside Nashville, a few weeks ago. The mayor and the chamber of 
commerce officials rushed up to me. The new tariffs on steel had been 
announced, and the largest employer in Springfield--Electrolux, which 
makes home supplies--had cancelled a $250 million expansion. Electrolux 
buys all of its steel from U.S. suppliers, but, of course, when you 
raise the price on imported steel, the price of U.S. steel also goes 
up, and Electrolux concluded that it could not be competitive in the 
U.S. market and with exports at the higher price.
  Of course, it sounds good to say that putting a 10-percent tariff on 
Chinese-made goods is good for us, but Electrolux also buys some 
components made in China. Last week, the company said the latest U.S. 
tariffs on Chinese-made goods would cost the company $10 million during 
the second half of this year if the proposed 10 percent tariffs go into 
effect after a comment period ending in late August. That is Electrolux 
in Springfield, TN.
  Now, if we were moving toward a policy of reciprocity--do for us what 
we do for you--there would be zero tariffs, and the people of 
Springfield would have a $250 million expansion and the jobs that come 
with it instead of a 25-percent tax on the U.S. steel that Electrolux 
buys.
  Then there are the stories about the effects of steel and aluminum 
tariffs on

[[Page S5369]]

tire companies. We have three big tire companies in Tennessee. 
Bridgestone is one of them, with 1,700 employees. I will talk about it 
for just a moment.
  Bridgestone tires all have steel cords to make them stronger. None of 
that steel is produced in the United States. All of it is imported. Now 
all of it has a 25-percent tax. Who pays that? The American consumer. 
The same must be true for every tire-making company.
  Here is one more story. You have probably heard of Bush Brothers' 
beans. They can one-third of all the beans in the United States. Their 
plant is in Chestnut Hill, in the mountains of East Tennessee, near 
where I live.
  The cans are made of tin-plated steel that is mostly imported. There 
is not enough produced in the United States. Bush Brothers & Company 
estimates that the new tariff on steel will reduce its revenues and 
raise prices by as much as 8 percent.
  Even the workers in Chestnut Hill who can one-third of all of the 
beans in the United States would benefit from a zero tariff policy such 
as the one the President talked about today, instead of a trade war 
that piles tariffs on top of tariffs.
  We have many more stories. We have over 900 auto parts suppliers in 
Tennessee. They are in 88 of our 95 counties. Almost all of them use 
steel and aluminum. When the prices go up, revenues and profits go 
down. That has an effect on 136,000 Tennesseans. Those are the people 
who work in our automotive industry. That is one-third of our entire 
manufacturing workforce.
  Tariffs are taxes, pure and simple--taxes we pay. Existing tariffs on 
steel and aluminum are bad enough, but nothing could do more damage to 
Tennessee's auto industry than the proposed tariffs on imported 
automobiles and automotive parts. Those, combined with already imposed 
tariffs on steel and aluminum, will cost us jobs and lower our family 
incomes.
  I respectfully said to President Trump both publicly and privately 
that he and the Republican Congress have accomplished an enormous 
amount in 18 months. I am very proud of that. This booming economy is 
something that benefits so many Americans. But I am afraid that if we 
do not move quickly toward the President's announced long-term goal of 
no tariffs and that if we continue to pile tariffs on top of tariffs, 
we will take this economy in exactly the opposite direction and undo 
much of the good the Republican President and the Republican Congress 
have already done.
  What would take us in the right direction is the goal of reciprocity 
that the President talked about today. That is why, in the meantime, 
until we shift gears into this long-term goal of no tariffs, no 
subsidies, no barriers, and take steps toward it, Senator Jones and I 
have developed this bill to make sure the President has all the facts 
before he makes a decision on the proposed 25-percent tariff on 
imported cars and parts. It simply requires the Commerce Department's 
investigation to be delayed while we get more facts about the impact of 
these tariffs on the automotive industry.
  The President is right to focus on China. China steals our 
intellectual property, and it imposes other trade barriers. But tariffs 
on steel and aluminum and uncertainty surrounding the negotiation of 
NAFTA threaten to destroy many more U.S. jobs than they might save.
  We should remember the lessons of history. Presidents have tried this 
before.
  When I first came to the Senate, President George W. Bush imposed 
steel tariffs. Within a year, he dropped the idea because the tariffs 
destroyed more jobs in the automotive industry than existed in the 
steel industry at that time, according to the Consuming Industries 
Trade Action Coalition.
  Let's look at today. Last year, the U.S. steel industry employed 
about 139,000 Americans, according to the Congressional Research 
Service. About 162,000 worked in the aluminum industry. That is around 
300,000 Americans who work in the steel and aluminum industry. To put 
this in perspective, the automotive industry employs 20 times that many 
Americans--more than 7 million, according to the Auto Alliance, and 
136,000 of those, as I have said, are Tennesseans.
  There are only eight aluminum smelting plants operating in the United 
States that employ Americans. They employ about 4,000. Seven of those 
are actually producing. One is curtailed. Alcoa, which produces about 
half the aluminum produced in the United States, doesn't even want the 
tariffs. It makes me wonder, who does want the tariffs on aluminum?
  The main reason those smelting plants--one of which is in my hometown 
and my father worked at for 40 years--have closed has nothing to do 
with trade. It is because aluminum plants need a lot of cheap 
electricity to run through the bauxite ore to make aluminum ingots, and 
they can't buy electricity that cheap in the United States. The 10-
percent tariff already imposed on aluminum is not nearly enough to 
offset the cost of electricity.
  The reason I have been so outspoken about this is that no state is 
more likely to be more damaged by tariffs on aluminum and steel and on 
automobiles and auto parts than Tennessee. In many ways, over the last 
40 years, we have become the Nation's No. 1 auto State, with our more 
than 136,000 Tennesseans working in the automotive industry. There are 
three big assembly plants--General Motors, Volkswagen, and Nissan--and 
over 900 auto suppliers in 88 of our 95 counties. As Senator Jones 
said, 35 years ago, we were the third poorest state and textile plants 
were moving overseas. Things looked bleak for us. In came the auto 
industry with better paying jobs, and our family incomes have been 
going up ever since in almost every county. I don't want to see that 
hurt. Tennesseans who work in the auto industry would benefit, as they 
have under NAFTA, from zero tariffs instead of a trade war that piles 
tariffs on top of tariffs.
  In conclusion, the President has gotten the world's attention with 
his tariffs. As a tactic, perhaps he is wise to do that. He had the 
President of the European Commission in his office today, but what 
should get more attention and what I hope gets more attention also from 
the President is the solution he talked about again today. ``If we 
could have no tariffs and no barriers and no subsidies,'' the President 
said, ``the United States would be extremely pleased.'' That is the way 
it should be. Let's move toward that goal as rapidly as we can. Piling 
tariffs on top of tariffs with no end in sight is a trade war. It hurts 
American workers.
  The basis of the President's solution is reciprocity--a word he has 
used many times--which means when it comes to trade, other countries 
should do for the United States what we do for them. Taking steps in 
that direction would be the right way to go.
  In the meantime, the bill Senator Jones and I have introduced will 
make certain that President Trump has before him all the facts--in 
effect, a second opinion--before he makes a decision regarding the 
proposed 25-percent tariffs on imported automobiles and automotive 
parts.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Nelson):
  S. 3272. A bill to authorize the President to provide assistance to 
the Governments of Haiti and Armenia to reverse the effects of 
deforestation, 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. 3272

       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 2018''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the established policy of the Federal Government is to 
     support and seek the protection of forests around the world, 
     which provide a wide range of benefits by--
       (A) harboring a major portion of the biological and 
     terrestrial resources of Earth;
       (B) providing habitats for almost \2/3\ of all species on 
     Earth, including species essential to medical research and 
     agricultural productivity;
       (C) contributing to the livelihood of more than 
     1,600,000,000 people through access to food, fresh water, 
     clothing, traditional medicines, and shelter;
       (D) ensuring environmental services, such as biodiversity, 
     water conservation, soil enrichment, water supply management, 
     and climate regulation; and

[[Page S5370]]

       (E) absorbing and storing carbon dioxide, as deforestation 
     accounts for approximately 12 percent of the global 
     anthropogenic greenhouse gas emissions that contribute to 
     global warming;
       (2) while forests cover a little less than \1/3\ of the 
     land area on Earth, approximately 85 percent of Earth's 
     original primary forests have been destroyed, degraded, or 
     fragmented;
       (3) in Haiti--
       (A) the destruction of forests began centuries ago, when 
     17th century colonists cut down trees for lumber, fuel, and 
     furniture;
       (B) the 18th century plantation economy resulted in 
     hillsides near towns being stripped of trees;
       (C) after gaining independence, deforestation continued as 
     Haiti rebuilt its local economy by growing coffee and 
     exporting timber;
       (D) in 1923, more than 60 percent of the land was forested, 
     but by the 1940s and 1950s deforestation was accelerating as 
     an increasing population put more pressure on forests;
       (E) in recent years, urbanization has expanded 
     exponentially and growing cities have depended on charcoal 
     produced by cutting down trees in the countryside;
       (F) poor forestry and land use policies by the Government 
     of Haiti has exacerbated deforestation, and by 2014, forest 
     cover had decreased to approximately 9 to 11 percent of the 
     country; and
       (G) between 2000 and 2016, 5,430 hectares of forest cover 
     were lost, equal to 6.3 percent of Haiti's tree cover;
       (4) in Armenia--
       (A) while archeological data indicated that approximately 
     35 percent of the country was originally forested--
       (i) less than 12 percent of the country was covered in 
     forest in 1990; and
       (ii) less than 6 percent of the country was covered in 
     forest by 2016; and
       (B) in August, 2017, a fire caused significant damage to 
     the Khosrov Forest, which is among the world's oldest 
     protected areas, engulfing more than 2,733 hectares in flames 
     and causing substantial harm to hundreds of unique plant 
     species;
       (5) economic pressures, resulting from more than 60 percent 
     of the population of Haiti living below the poverty line and 
     29.8 percent of the population of Armenia living below the 
     poverty line--
       (A) are factors contributing to the deforestation of Haiti 
     and Armenia; and
       (B) are manifested particularly through the cutting of 
     areas of forest for conversion to agricultural and commercial 
     uses, where wood and charcoal produced from cutting down 
     trees accounts for a major supply toward Haiti's and 
     Armenia's energy sectors;
       (6) forests provide cover to soften the effect of heavy 
     rains and reduce erosion by anchoring the soil with tree 
     roots;
       (7) a significant effect of the deforestation in Haiti and 
     Armenia is soil erosion, which has--
       (A) lowered the productivity on the land due to the 
     leaching of nutrients in topsoils;
       (B) worsened the severity of droughts and the effects of 
     landslides and floods;
       (C) led to further deforestation due to slash and burn 
     practices when eroded areas are no longer productive;
       (D) increased the pressure on the remaining land and trees 
     in Haiti and Armenia; and
       (E) significantly decreased water quality and the quantity 
     of freshwater and clean drinking water available to 
     populations;
       (8) research strongly suggests that deforestation increases 
     the risk of infectious diseases, including malaria, dengue 
     fever, SARS, Ebola, Hantavirus, and Zika--
       (A) by depriving insect and animal carriers of habitat; and
       (B) by directly increasing their rate of exposure to human 
     populations who are susceptible to zoonotic pathogens;
       (9) both Haiti and Armenia have faced natural disasters in 
     recent years, the effects of which have been exacerbated by 
     deforestation, such as--
       (A) flooding in Armenia that has swept away or damaged 
     thousands of homes, schools, health clinics, and other 
     institutions, partly because of damage to forests through 
     illegal logging, landslides, and soil erosion;
       (B) hurricanes in Haiti that have killed thousands and 
     displaced hundreds of thousands more, partly because the 
     clearing of large hillsides enabled rainwater to run off 
     directly into settlements located at the bottom of slopes, 
     causing severe flooding; and
       (C) the January 2010 earthquake in Haiti, which destroyed 
     much of the infrastructure of Port-au-Prince, reduced 
     hillside stability and increased the likelihood of mudslides, 
     soil erosion, and flooding factors, which negatively impacted 
     the water supply and heightened concerns for the spread of 
     waterborne diseases;
       (10) economic benefits for local communities from 
     sustainable uses of forests are critical for the long-term 
     sustainable management of forests in Haiti and Armenia;
       (11) Congress appropriated funding for fiscal years 2015, 
     2017, and 2018 to support market-based reforestation programs 
     in Haiti, which have resulted in successful agroforestry 
     activities that have increased crop production, profits, and 
     tree cover; and
       (12) reforestation efforts would provide new sources of 
     jobs, income, and investments in 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;
       (3) to restore social and economic conditions for the 
     environmental recovery of the forest cover of Haiti and 
     Armenia to at least 7 percent of total land mass in Haiti and 
     12 percent of total land mass in Armenia (as determined under 
     section 302(a)) not later than 10 years after the date of the 
     enactment of this Act; and
       (4) to improve sustainable resource management at the 
     watershed level.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Afforestation.--The term ``afforestation''--
       (A) means the establishment of a new forest through the 
     planting of trees on a parcel of land not previously 
     forested; and
       (B) includes--
       (i) the introduction of a tree species to a parcel of 
     nonforested land in 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'' means systems in 
     which perennial trees or shrubs--
       (i) are integrated with crops or livestock; and
       (ii) constitute a minimum 10 percent of ground cover.
       (B) Inclusion.--Actual forest cover resulting from 
     agroforestry programs may be counted toward the total forest 
     cover goal set forth in section (2)(b)(3).
       (3) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (4) Deforestation.--The term ``deforestation'' means--
       (A) the conversion of forest to another land use; or
       (B) the long-term reduction of the tree canopy.
       (5) Forest.--The term ``forest''--
       (A) except as provided in subparagraph (B), means a 
     terrestrial ecosystem containing native tree species 
     generated and maintained primarily through natural ecological 
     and evolutionary processes, which spans more than 0.5 
     hectares with trees higher than 5 meters and a canopy cover 
     of more than 10 percent or trees able to reach these 
     thresholds in situ; and
       (B) does not include--
       (i) plantations, such as crops of trees planted primarily 
     by humans for the purposes of harvesting; or
       (ii) land that is predominantly under agricultural or urban 
     land use.
       (6) Reforestation.--The term ``reforestation''--
       (A) means the establishment of forest on lands that were 
     previously considered as forest, but which have been 
     deforested; and
       (B) 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-1) and 
     consistent with paragraph (2), the President is authorized to 
     provide financial assistance, technology transfers, or 
     capacity-building assistance to the Government of Haiti and 
     to the Government of Armenia for activities to develop and 
     implement 1 or more forestation proposals described in 
     paragraph (2)--
       (A) to reduce the deforestation of Haiti or Armenia; and
       (B) to increase the rates of afforestation and 
     reforestation in Haiti or Armenia.
       (2) Proposals.--
       (A) In general.--Assistance may be provided under this 
     section to the Government of Haiti and to the Government of 
     Armenia to implement 1 or more proposals submitted by either 
     country that contain--
       (i) a description of each policy and initiative to be 
     carried out with such assistance;
       (ii) adequate documentation to ensure, as determined by the 
     President, that--

       (I) each policy and initiative--

       (aa) will be carried out and managed in accordance with 
     widely-accepted, environmentally-sustainable forestry and 
     agricultural practices; and

[[Page S5371]]

       (bb) will be designed and implemented in a manner that 
     improves the governance of forests by building local capacity 
     to be 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 supports and aids 
     forest restoration efforts in accordance with the purpose set 
     forth in section 2(b).
       (B) Determination of compatibility with certain programs.--
     In evaluating each proposal submitted under subparagraph (A), 
     the President shall ensure that each policy and initiative 
     described in such proposal is compatible with--
       (i) broader development, poverty alleviation, sustainable 
     energy usage, and natural resource conservation objectives 
     and initiatives in Haiti or in Armenia;
       (ii) the development, poverty alleviation, disaster risk 
     management, and climate resilience programs of the United 
     States Agency for International Development, including 
     program 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 by the Government of Armenia under 
     subsection (a)(1) shall be conditional upon the development 
     and implementation of a proposal submitted 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) sustainable land use management initiatives;
       (C) initiatives to increase agricultural productivity;
       (D) forest law enforcement initiatives;
       (E) the development of timber tracking systems;
       (F) the development of cooking fuel substitutes;
       (G) tree-planting initiatives; and
       (H) programs that are designed to focus on market-based 
     solutions to reduce deforestation and increase reforestation 
     and afforestation, 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 decision-making 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
       (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 by 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 in Armenia, and 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 between the Government of Haiti or the 
     Government of Armenia and 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 if such assistance 
     will--
       (i) strengthen economic drivers of sustainable resource 
     inventory mapping and management;
       (ii) reduce environmental vulnerability; or
       (iii) 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 to 
     the Government of Haiti or the Government of Armenia under 
     subsection (a)(1), the President, in cooperation with such 
     government, shall develop appropriate performance metrics to 
     measure, verify, and report--
       (A) the implementation of each policy and initiative to be 
     carried out by the Government of Haiti or the Government of 
     Armenia, as the case may be;
       (B) the progress 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 include, to the maximum extent 
     practicable, 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 
     a report to the appropriate committees of Congress that 
     describes the actions the President has taken, or 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 with 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 or the Government of Armenia under 
     subsection (a)(1), and biennially thereafter, the President 
     shall submit a report to the appropriate committees of 
     Congress that describes the progress made by the Government 
     of Haiti and by the Government of Armenia in implementing 
     each policy and initiative contained in the proposal 
     submitted by each such government under subsection (a)(2).
       (e) Additional Assistance.--
       (1) In general.--The President is authorized to provide 
     financial and other assistance to the Government of Haiti, 
     the Government of Armenia, local government bodies, or 
     nongovernmental organizations--
       (A) to provide information to local communities relating to 
     each policy and initiative to be carried out by the 
     Government of Haiti or by the Government of Armenia with 
     assistance made available under subsection (a)(1);
       (B) to promote effective participation by local communities 
     in the design, implementation, and independent monitoring of 
     each policy and initiative;
       (C) to promote, in support of sustainable forestation 
     activities, enhanced watershed governance, national planning, 
     and community action programs that increase--
       (i) the development of national watershed management 
     policies for Haiti and for Armenia by the appropriate 
     government ministries and agencies;
       (ii) the establishment of an effective forum for donor 
     coordination related to management and reforestation in Haiti 
     and Armenia;
       (iii) support for the Centre National de l'Information Geo-
     Spatiale (CNIGS), the Center for Ecological-Noosphere Studies 
     (CENS), 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 in Armenia; and
       (iv) development of effective governance structures in 
     Haiti and in Armenia for stakeholder engagement, coordination 
     of approaches, land use planning, and disaster mitigation at 
     the watershed scale; and
       (D) to meet the goals of this Act.
       (2) Termination of direct funding.--If the President 
     determines that the goals of this Act are not being 
     appropriately and efficiently met with the assistance 
     provided under this section, the President may terminate such 
     assistance to either the Government of Haiti or the 
     Government of Armenia, as appropriate.
       (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) Sunset.--
       (1) In general.--The authority under this section shall 
     terminate on the date that is 10 years after the date of the 
     enactment of this Act, or the date that is 10 years after an 
     extension under paragraph (2), unless the President certifies 
     to the appropriate committees of Congress that--
       (A) effective and sustainable programs are in place through 
     the Government of Haiti, the Government of Armenia, or local 
     governments in Haiti or in Armenia, in potential partnership 
     with international donors, nongovernmental organizations, or 
     civil society

[[Page S5372]]

     groups, to protect and manage areas reforested with 
     assistance provided under this Act; and
       (B) additional time is necessary to accomplish the goals of 
     this Act.
       (2) Extensions.--If a certification is made under paragraph 
     (1), the authority under this section shall be extended for 
     an additional 10-year term. Not more than 2 extensions are 
     permitted under this paragraph.

                   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 purpose described 
     in section 2(b), including reversing deforestation and 
     improving reforestation and afforestation in Haiti and in 
     Armenia.
       (b) Grants Authorized.--
       (1) In general.--The President is authorized to award 
     grants and contracts, for a period not to exceed 3 years, to 
     carry out projects that, in the aggregate, reverse 
     deforestation and improve reforestation and afforestation in 
     Haiti or in Armenia.
       (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 
     funded under this section.
       (c) Use of Funds.--
       (1) In general.--Grants awarded pursuant to subsection (b) 
     may be used--
       (A) to provide a financial incentive to protect forests;
       (B) to provide hands-on management and oversight of 
     replanting efforts;
       (C) to support sustainable, income-generating, forest-
     related economic growth;
       (D) to provide--
       (i) seed money to start cooperative reforestation and 
     afforestation efforts; and
       (ii) subsequent conditional funding for such efforts 
     contingent upon required tree care and maintenance 
     activities;
       (E) to promote the widespread use of--
       (i) improved cooking stove technologies that do not involve 
     the harvesting of forest growth; and
       (ii) 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 the 
     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 1 or more of the following activities:
       (A) Creation of local jobs involving establishing, 
     protecting, and managing reforested areas.
       (B) Collaboration to analyze biodiversity and ecosystem 
     services integral to sustainability and business decisions.
       (C) Cooperative conservation programs, including--
       (i) working with local water sources to ensure clean water 
     through improved forestland and watershed; or
       (ii) working with food suppliers to ensure sustainable 
     agroforestry products.
       (3) Consistency with proposals.--To the maximum extent 
     practicable, projects 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.--An entity desiring a grant under this 
     section shall 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)--
       (A) should be consistent with the findings, 
     recommendations, and ongoing work relating to--
       (i) the United States Agency for International Development 
     Haiti Reforestation Project for Haiti; or
       (ii) 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''; and
       (B) shall include--
       (i) a description of the objectives to be attained;
       (ii) a description of the manner in which grant funds will 
     be used;
       (iii) a plan for evaluating the success of the project 
     based on verifiable evidence; and
       (iv) to the extent that the applicant intends to use 
     nonnative species in afforestation efforts--

       (I) an explanation of the benefit of using nonnative 
     species rather than native species; and
       (II) 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 challenges 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--
       (1) by redesignating sections 461 through 466 as sections 
     471 through 476, respectively; and
       (2) by adding at the end the following:

     ``SEC. 477. 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 Haiti in 
     which forests are seriously degraded or threatened.
       ``(b) Review of List.--The President shall--
       ``(1) analyze the areas on the list submitted by the 
     Government of Haiti under subsection (a); and
       ``(2) seek to reach an agreement with the Government of 
     Haiti to assist with the restoration and future sustainable 
     use of such areas.
       ``(c) Grant Program.--
       ``(1) Grants authorized.--The President is authorized to 
     award grants to nongovernmental organizations, on such terms 
     and conditions as may be necessary, 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--
       ``(A) to restore forests identified pursuant to subsection 
     (a); or
       ``(B) 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 under this 
     subsection should be matched by an equal or greater amount of 
     funding from the nongovernmental organization. Such matching 
     funds may include funding provided by other international 
     donors, nongovernmental organizations, philanthropic bodies, 
     corporations or other private entities, institutions of 
     higher learning, the Government of Haiti, or other non-United 
     States Government sources.
       ``(4) Minimum country reforestation fund percentage.--Not 
     less than 85 percent of grant funds provided under this 
     subsection 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) under this 
     subsection may retain, without deposit in the Treasury of the 
     United States and without further appropriation by Congress--
       ``(A) interest earned on the proceeds of any resulting 
     debt-for-nature exchange pending the disbursements of such 
     proceeds; and
       ``(B) interest for approved program purposes, which may 
     include the establishment of an endowment, the income of 
     which is used for such purposes.
       ``(6) Sunset.--
       ``(A) In general.--The authority to award grants under this 
     subsection shall terminate on the date that is 5 years after 
     the date of the enactment of this Act unless the President 
     determines and certifies to Congress that--
       ``(i) the grant program under this subsection has been 
     effective in meeting the goals of the Haiti and Armenia 
     Reforestation Act of 2018; and
       ``(ii) the Government of Haiti has committed to returning 
     land in Haiti to long-term sustainable forests.
       ``(B) Renewal.--If the President makes a certification 
     under subparagraph (A), the authority to award grants under 
     this subsection may be renewed for 1 additional 5-year 
     period.

     ``SEC. 478. 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--
       ``(1) analyze the areas on the list submitted by the 
     Government of Armenia under subsection (a); and
       ``(2) seek to reach an agreement with the Government of 
     Armenia for the restoration and future sustainable use of 
     such 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--
       ``(A) to restore forests identified by the Government under 
     subsection (a); or
       ``(B) to develop plans for sustainable use of such forests.

[[Page S5373]]

       ``(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 or of existing forests.
       ``(4) Termination of program.--
       ``(A) In general.--The authority to offer debt relief under 
     this subsection shall terminate on the date that is 5 years 
     after the date of the enactment of this Act unless the 
     President determines and certifies to Congress that--
       ``(i) the debt forgiveness pilot program under this 
     subsection has been effective in meeting the goals of the 
     Haiti and Armenia Reforestation Act of 2018; and
       ``(ii) the Government of Armenia has committed to returning 
     land in Armenia to long-term sustainable forests.
       ``(B) Renewal.--If the President makes a certification 
     under subparagraph (A), the authority to forgive debt under 
     this subsection may be renewed for 1 additional 5-year 
     period.''.

                  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, acting as the President's delegate, may draw on the 
     expertise of the United States Forest Service and the United 
     States Agency for International Development in designing and 
     implementing programs under this Act relating to 
     reforestation, watershed restoration, and monitoring of land 
     use change.

     SEC. 302. DETERMINATION AND MONITORING OF FOREST LEVELS.

       (a) In General.--Not later than 6 months after the date of 
     the enactment of this Act, the Chief of the United States 
     Forest Service, in consultation with the Administrator of the 
     United States Agency for International Development, using the 
     latest available Landsat data, shall--
       (1) determine the current level of forest cover in Haiti 
     and the current level of forest cover in Armenia, expressed 
     as a percentage of each country's total land mass; and
       (2) submit this information to the appropriate committees 
     of Congress.
       (b) Updates.--The Chief of the United States Forest 
     Service, in consultation with the Administrator of the United 
     States Agency for International Development, shall submit an 
     annual report to the appropriate committees of Congress that 
     contains an updated determination, using the latest available 
     Landsat data, of the level of forest cover in Haiti and the 
     level of forest cover in Armenia.
       (c) Use of Determinations.--Each determination under 
     subsection (a)(1) and each updated determination under 
     subsection (b) shall be used for the purposes of setting and 
     achieving the goals described in section 2(b)(3).

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