[115th Congress Public Law 440]
[From the U.S. Government Publishing Office]
[[Page 5579]]
TROPICAL FOREST CONSERVATION REAUTHORIZATION ACT OF 2018
[[Page 132 STAT. 5580]]
Public Law 115-440
115th Congress
An Act
To reauthorize the Tropical Forest Conservation Act of 1998 through
fiscal year 2021, and for other purposes. <<NOTE: Jan. 14, 2019 - [S.
1023]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Tropical Forest
Conservation Reauthorization Act of 2018. 22 USC 2151 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment to short title of Act to encompass modified scope.
Sec. 3. Protection of tropical forests and coral reefs.
Sec. 4. Change to name of facility.
Sec. 5. Eligibility for benefits.
Sec. 6. Reduction of debt owed to the United States as a result of
credits extended under title I of Food for Peace Act.
Sec. 7. United States Government representation on oversight bodies for
grants from debt-for-nature swaps and debt buybacks.
Sec. 8. Conservation agreements.
Sec. 9. Conservation Fund.
Sec. 10. Changes to due dates of annual reports to Congress.
Sec. 11. New authorization of appropriations for the reduction of debt
and authorization for audit, evaluation, monitoring, and
administration expenses.
SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS MODIFIED
SCOPE.
(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) <<NOTE: 22 USC 2151 note.>> 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''.
SEC. 3. PROTECTION OF TROPICAL FORESTS AND CORAL REEFS.
(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'';
[[Page 132 STAT. 5581]]
(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.''.
SEC. 4. CHANGE TO NAME OF FACILITY.
(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''.
[[Page 132 STAT. 5582]]
(c) <<NOTE: 22 USC 2431b note.>> 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''.
SEC. 5. ELIGIBILITY FOR BENEFITS.
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) <<NOTE: President. Determinations.>> 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''.
SEC. 6. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF
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''.
SEC. 7. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT
BODIES FOR 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:
[[Page 132 STAT. 5583]]
``(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.''.
SEC. 8. CONSERVATION AGREEMENTS.
(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--
[[Page 132 STAT. 5584]]
(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''.
SEC. 9. CONSERVATION FUND.
(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''.
SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS.
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).
SEC. 11. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF
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
[[Page 132 STAT. 5585]]
personnel costs associated with such audits, evaluations, monitoring and
administration.''.
Approved January 14, 2019.
LEGISLATIVE HISTORY--S. 1023:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
Dec. 19, considered and passed Senate.
Dec. 21, considered and passed House.
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