[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1023 Enrolled Bill (ENR)]
S.1023
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To reauthorize the Tropical Forest Conservation Act of 1998 through
fiscal year 2021, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Tropical Forest
Conservation Reauthorization Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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credits extended under title I of Food for Peace Act.

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grants from debt-for-nature swaps and debt buybacks.

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and authorization for audit, evaluation, monitoring, and
administration expenses.

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(a) In General.--Section 801 of the Tropical Forest Conservation
Act of 1998 (part V of Public Law 87-195; 22 U.S.C. 2151 note) is
amended by striking ``Tropical Forest Conservation Act of 1998'' and
inserting ``Tropical Forest and Coral Reef Conservation Act of 1998''.
(b) References.--Any reference in any other provision of law,
regulation, document, paper, or other record of the United States to
the ``Tropical Forest Conservation Act of 1998'' shall be deemed to be
a reference to the ``Tropical Forest and Coral Reef Conservation Act of
1998''.

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(a) In General.--Section 802 of the Tropical Forest and Coral Reef
Conservation Act of 1998 (22 U.S.C. 2431), as renamed by section 2(a),
is amended--
(1) in subsections (a)(1), (a)(6), (b)(1), (b)(3), and (b)(4),
by striking ``tropical forests'' each place it appears and
inserting ``tropical forests and coral reef ecosystems'';
(2) in subsection (a)(2)(C), by striking ``far-flung'';
(3) in subsection (a)(7), by striking ``tropical forests is
critical to the protection of tropical forests'' and inserting
``tropical forests and coral reef ecosystems is critical to the
protection of such areas''; and
(4) in subsection (b)(2)--
(A) by striking ``tropical forests'' the first place it
appears and inserting ``tropical forests and coral
ecosystems'';
(B) by striking ``tropical forests'' the second place it
appears and inserting ``areas''; and
(C) by striking ``tropical forests'' the third place it
appears and inserting ``tropical forests and coral reef
ecosystems''.
(b) Amendments Related to Definitions.--Section 803 of such Act (22
U.S.C. 2431a) is amended--
(1) in paragraph (5)--
(A) in the heading, by striking ``tropical forest'' and
inserting ``tropical forest or coral reef'';
(B) in the matter preceding subparagraph (A), by striking
``tropical forest'' and inserting ``tropical forest or coral
reef''; and
(C) in subparagraph (B)--
(i) by striking ``tropical forest'' and inserting
``tropical forest or coral reef''; and
(ii) by striking ``tropical forests'' and inserting
``tropical forests or coral reefs''; and
(2) by adding at the end the following new paragraphs:
``(10) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft corals),
Gorgonacea (horny corals), Stolonifera (organpipe corals and
others), and Coenothecalia (blue coral), of the class Anthoza;
and
``(B) all species of the order Hydrocorallina (fire corals
and hydrocorals) of the class Hydrozoa.
``(11) Coral reef.--The term `coral reef' means any reef or
shoal composed primarily of coral.
``(12) Coral reef ecosystem.--The term `coral reef ecosystem'
means any coral reef and any coastal marine ecosystem surrounding,
or directly related to, a coral reef and important to maintaining
the ecological integrity of that coral reef, such as seagrasses,
mangroves, sandy seabed communities, and immediately adjacent
coastal areas.''.

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(a) In General.--Section 804 of the Tropical Forest and Coral Reef
Conservation Act of 1998 (22 U.S.C. 2431b), as renamed by section 2(a),
is amended by striking ``Tropical Forest Facility'' and inserting
``Conservation Facility''.
(b) Conforming Amendments to Definitions.--Section 803(8) of such
Act (22 U.S.C. 2431a(8)) is amended--
(1) in the heading, by striking ``Tropical forest facility''
and inserting ``Conservation facility''; and
(2) by striking ``Tropical Forest Facility'' both places it
appears and inserting ``Conservation Facility''.
(c) References.--Any reference in any other provision of law,
regulation, document, paper, or other record of the United States to
the ``Tropical Forest Facility'' shall be deemed to be a reference to
the ``Conservation Facility''.

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Section 805(a) of the Tropical Forest and Coral Reef Conservation
Act of 1998 (22 U.S.C. 2431c(a)), as renamed by section 2(a), is
amended--
(1) by striking ``tropical forest'' and inserting ``tropical
forest or coral reef'';
(2) by redesignating paragraph (2) as paragraph (7); and
(3) by striking paragraph (1) and inserting the following new
paragraphs:
``(1) whose government is democratically elected;
``(2) whose government has not repeatedly provided support for
acts of international terrorism;
``(3) whose government is not failing to cooperate on
international narcotics control matters;
``(4) whose government (including its military or other
security forces) does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
``(5) that has in effect, has received approval for, or is
making significant progress toward--
``(A) an International Monetary Fund standby arrangement,
extended Fund arrangement, or an arrangement under the
structural adjustment facility or enhanced structural
adjustment facility, or a Fund monitored program, or is
implementing sound macroeconomic policies, unless the President
determines that such an arrangement or program could reasonably
be expected to have significant adverse social or environmental
effect; and
``(B) as appropriate, structural or sectoral adjustment
loans from the International Bank for Reconstruction and
Development or the International Development Association,
unless the President determines that the resulting adjustment
requirements could reasonably be expected to have significant
adverse social or environmental effects;
``(6) if appropriate, has agreed with its commercial bank
lenders on a satisfactory financing program, including, as
appropriate, debt or debt service reduction; and''.

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CREDITS EXTENDED UNDER TITLE I OF FOOD FOR PEACE ACT.
Section 807(a)(1) of the Tropical Forest and Coral Reef
Conservation Act of 1998 (22 U.S.C. 2431e(a)(1)), as renamed by section
2(a), is amended by striking ``outstanding as of January 1, 1998,'' and
inserting ``outstanding as of the date of the enactment of the Tropical
Forest Conservation Reauthorization Act of 2018''.

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GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT BUYBACKS.
Section 808(a)(5) of the Tropical Forest and Coral Reef
Conservation Act of 1998 (22 U.S.C. 2431f(a)(5)), as renamed by section
2(a), is amended by adding at the end the following new subparagraph:
``(C) United states government representation on the
administering body.--One or more individuals appointed by the
United States Government shall serve in an official capacity on
the administering body that oversees the implementation of
grants arising from a debt-for-nature swap or debt buyback
regardless of whether the United States is a party to any
agreement between the eligible purchaser and the government of
the beneficiary country.''.

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(a) Renaming of Agreements.--Section 809 of the Tropical Forest and
Coral Reef Conservation Act of 1998 (22 U.S.C. 2431g), as renamed by
section 2(a), is amended--
(1) in the section heading, by striking ``tropical forest
agreement'' and inserting ``conservation agreement''; and
(2) in subsection (a)--
(A) by striking ``Authority'' and all that follows through
``(1) In general.--The Secretary'' and inserting ``Authority.--
The Secretary''; and
(B) by striking ``Tropical Forest Agreement'' and inserting
``Conservation Agreement''.
(b) Elimination of Requirement To Consult With the Enterprise for
the Americas Board.--Such subsection is further amended by striking
paragraph (2).
(c) Role of Beneficiary Countries.--Such section is further
amended--
(1) in subsection (e)(1)(C), by striking ``in exceptional
circumstances, the government of the beneficiary country'' and
inserting ``in limited circumstances, the government of the
beneficiary country when needed to improve governance and enhance
management of tropical forests or coral reef ecosystems, without
replacing existing levels of financial efforts by the government of
the beneficiary country and with priority given to projects that
complement grants made under subparagraphs (A) and (B)''; and
(2) by amending subsection (f) to read as follows:
``(f) Review of Larger Grants.--Any grant of more than $250,000
from a Fund must be approved by the Government of the United States and
the government of the beneficiary country.''.
(d) Technical and Conforming Amendments.--Such section is further
amended--
(1) in subsection (c)(2)(A)(i), by inserting ``to serve in an
official capacity'' after ``Government''; and
(2) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``tropical forests'' and inserting ``tropical forests and coral
reef ecosystems'';
(B) in paragraph (5), by striking ``tropical forest''; and
(C) in paragraph (6), by striking ``living in or near a
tropical forest in a manner consistent with protecting such
tropical forest'' and inserting ``dependent on a tropical
forest or coral reef ecosystem and related resources in a
manner consistent with conserving such resources''.
(e) Conforming Amendments to Definitions.--Section 803(7) of such
Act (22 U.S.C. 2431a(7)) is amended--
(1) in the heading, by striking ``Tropical forest agreement''
and inserting ``Conservation agreement''; and
(2) by striking ``Tropical Forest Agreement'' both places it
appears and inserting ``Conservation Agreement''.

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(a) In General.--Section 810 of the Tropical Forest and Coral Reef
Conservation Act of 1998 (22 U.S.C. 2431h), as renamed by section 2(a),
is amended--
(1) in the section heading, by striking ``tropical forest
fund'' and inserting ``conservation fund''; and
(2) in subsection (a)--
(A) by striking ``Tropical Forest Agreement'' and inserting
``Conservation Agreement''; and
(B) by striking ``Tropical Forest Fund'' and inserting
``Conservation Fund''.
(b) Conforming Amendments to Definitions.--Such Act is further
amended--
(1) in section 803(9) (22 U.S.C. 2431a(9))--
(A) in the heading, by striking ``Tropical forest fund''
and inserting ``Conservation fund''; and
(B) by striking ``Tropical Forest Fund'' both places it
appears and inserting ``Conservation Fund'';
(2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by striking
``Tropical Forest Fund'' and inserting ``Conservation Fund''; and
(3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by striking
``Tropical Forest Fund'' and inserting ``Conservation Fund''.

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Section 813 of the Tropical Forest and Coral Reef Conservation Act
of 1998 (22 U.S.C. 2431k), as renamed by section 2(a), is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--Not later than December
31'' and inserting ``Not later than April 15''; and
(B) by striking ``fiscal year'' both places it appears and
inserting ``calendar year''; and
(2) by striking subsection (b).

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DEBT AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, AND
ADMINISTRATION EXPENSES.
Section 806 of the Tropical Forest and Coral Reef Conservation Act
of 1998 (22 U.S.C. 2431d), as renamed by section 2(a), is amended--
(1) in subsection (d), by adding at the end the following new
paragraphs:
``(7) $20,000,000 for fiscal year 2019.
``(8) $20,000,000 for fiscal year 2020.''; and
(2) by amending subsection (e) to read as follows:
``(e) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Of the amounts made available to carry
out this part for a fiscal year, $300,000 is authorized to be made
available to carry out audits, evaluations, monitoring, and
administration of programs under this part, including personnel costs
associated with such audits, evaluations, monitoring and
administration.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Tropical Forest Conservation Reauthorization Act of 2018 — S. 1023

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