[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,
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) 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'';
        (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''.
    (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''.
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) 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:
            ``(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--
        (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 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.