[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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