[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4350-S4354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2118. Mr. COONS (for himself, Mr. Graham, Mr. Tillis, Mr. King, 
Mr. Heinrich, Mr. Whitehouse, and Mrs. Shaheen) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XII, add the following:

  Subtitle G--United States Foundation for International Conservation

     SEC. 1291. SHORT TITLE.

       This subtitle may be cited as the ``United States 
     Foundation for International Conservation Act of 2024''.

     SEC. 1292. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' 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.
       (2) Board.--The term ``Board'' means the Board of Directors 
     established pursuant to section 1294(a).
       (3) Eligible country.--The term ``eligible country'' means 
     any country described in section 1297(b).
       (4) Eligible project.--The term ``eligible project'' means 
     any project described in section 1297(a)(2).
       (5) Executive director.--The term ``Executive Director'' 
     means the Executive Director of the Foundation hired pursuant 
     to section 1294(b).
       (6) Foundation.--The term ``Foundation'' means the United 
     States Foundation for International Conservation established 
     pursuant to section 1293(a).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

     SEC. 1293. UNITED STATES FOUNDATION FOR INTERNATIONAL 
                   CONSERVATION.

       (a) Establishment.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall establish the 
     United States Foundation for International Conservation, 
     which shall be operated as a charitable, nonprofit 
     corporation.
       (2) Independence.--The Foundation is not an agency or 
     instrumentality of the United States Government.
       (3) Tax-exempt status.--The Board shall take all necessary 
     and appropriate steps to ensure that the Foundation is an 
     organization described in subsection (c) of section 501 of 
     the Internal Revenue Code of 1986, which exempt the 
     organization from taxation under subsection (a) of such 
     section.
       (4) Termination of operations.--The Foundation shall 
     terminate operations on the date that is 10 years after the 
     date on which the Foundation becomes operational, in 
     accordance with--
       (A) a plan for winding down the activities of the 
     Foundation that the Board shall submit to the appropriate 
     congressional committees not later than 180 days before such 
     termination date; and
       (B) the bylaws established pursuant to section 1294(b)(13).
       (b) Purposes.--The purposes of the Foundation are--
       (1) to provide grants for the responsible management of 
     designated priority primarily protected and conserved areas 
     in eligible countries that have a high degree of biodiversity 
     or species and ecosystems of significant ecological value;
       (2) to promote responsible, long-term management of 
     primarily protected and conserved areas and their contiguous 
     buffer zones;
       (3) to incentivize, leverage, accept, and effectively 
     administer governmental and nongovernmental funds, including 
     donations from the private sector, to increase the 
     availability and predictability of financing for responsible, 
     long-term management of

[[Page S4351]]

     primarily protected and conserved areas in eligible 
     countries;
       (4) to help close critical gaps in public international 
     conservation efforts in eligible countries by--
       (A) increasing private sector investment, including 
     investments from philanthropic entities; and
       (B) collaborating with partners providing bilateral and 
     multilateral financing to support enhanced coordination, 
     including public and private funders, partner governments, 
     local protected areas authorities, and private and 
     nongovernmental organization partners;
       (5) to identify and financially support viable projects 
     that--
       (A) promote responsible, long-term management of primarily 
     protected and conserved areas and their contiguous buffer 
     zones in eligible countries, including support for the 
     management of terrestrial, coastal, freshwater, and marine 
     protected areas, parks, community conservancies, Indigenous 
     reserves, conservation easements, and biological reserves; 
     and
       (B) provide effective area-based conservation measures, 
     consistent with best practices and standards for 
     environmental and social safeguards; and
       (6) to coordinate with, consult, and otherwise support and 
     assist, governments, private sector entities, local 
     communities, Indigenous Peoples, and other stakeholders in 
     eligible countries in undertaking biodiversity conservation 
     activities--
       (A) to achieve measurable and enduring biodiversity 
     conservation outcomes; and
       (B) to improve local security, governance, food security, 
     and economic opportunities.
       (c) Plan of Action.--
       (1) In general.--Not later than 6 months after the 
     establishment of the Foundation, the Executive Director shall 
     submit for approval from the Board an initial 3-year Plan of 
     Action to implement the purposes of this subtitle, 
     including--
       (A) a description of the priority actions to be undertaken 
     by the Foundation over the proceeding 3-year period, 
     including a timeline for implementation of such priority 
     actions;
       (B) descriptions of the processes and criteria by which--
       (i) eligible countries, in which eligible projects may be 
     selected to receive assistance under this subtitle, will be 
     identified;
       (ii) grant proposals for Foundation activities in eligible 
     countries will be developed, evaluated, and selected; and
       (iii) grant implementation will be monitored and evaluated;
       (C) the projected staffing and budgetary requirements of 
     the Foundation during the proceeding 3-year period.
       (D) a plan to maximize commitments from private sector 
     entities to fund the Foundation.
       (2) Submission.--The Executive Director shall submit the 
     initial Plan of Action to the appropriate congressional 
     committees not later than 5 days after the Plan of Action is 
     approved by the Board.
       (3) Updates.--The Executive Director shall annually update 
     the Plan of Action and submit each such updated plan to the 
     appropriate congressional committees not later that 5 days 
     after the update plan is approved by the Board.

     SEC. 1294. GOVERNANCE OF THE FOUNDATION.

       (a) Executive Director.--There shall be in the Foundation 
     an Executive Director, who shall--
       (1) manage the Foundation; and
       (2) report to, and be under the direct authority, of the 
     Board.
       (b) Board of Directors.--
       (1) Governance.--The Foundation shall be governed by a 
     Board of Directors, which--
       (A) shall perform the functions specified to be carried out 
     by the Board under this subtitle; and
       (B) may prescribe, amend, and repeal bylaws, rules, 
     regulations, and procedures governing the manner in which the 
     business of the Foundation may be conducted and in which the 
     powers granted to it by law may be exercised.
       (2) Membership.--The Board shall be composed of--
       (A) the Secretary of State, the Administrator of the United 
     States Agency for International Development, the Secretary of 
     the Interior, the Chief of the United States Forest Service, 
     and the Administrator of the National Oceanic and Atmospheric 
     Administration, or the Senate-confirmed designees of such 
     officials; and
       (B) 8 other individuals, who shall be appointed by the 
     Secretary, in consultation with the members of the Board 
     described in subparagraph (A), the Speaker and Minority 
     Leader of the House of Representatives, and the President Pro 
     Tempore and Minority Leader of the Senate, of whom--
       (i) 4 members shall be private-sector donors making 
     financial contributions to the Foundation; and
       (ii) 4 members shall be independent experts who, in 
     addition to meeting the qualification requirements described 
     in paragraph (3), represent diverse points of view and 
     diverse geographies, to the maximum extent practicable.
       (3) Qualifications.--Each member of the Board appointed 
     pursuant to paragraph (2)(B) shall be knowledgeable and 
     experienced in matters relating to--
       (A) international development;
       (B) protected area management and the conservation of 
     global biodiversity, fish and wildlife, ecosystem 
     restoration, adaptation, and resilience; and
       (C) grantmaking in support of international conservation.
       (4) Political affiliation.--Not more than 5 of the members 
     appointed to the Board pursuant to paragraph (2)(B) may be 
     affiliated with the same political party.
       (5) Conflicts of interest.--Any individual with business 
     interests, financial holdings, or controlling interests in 
     any entity that has sought support, or is receiving support, 
     from the Foundation may not be appointed to the Board during 
     the 5-year period immediately preceding such appointment.
       (6) Chairperson.--The Board shall elect, from among its 
     members, a Chairperson, who shall serve for a 2-year term.
       (7) Terms; vacancies.--
       (A) Terms.--
       (i) In general.--The term of service of each member of the 
     Board appointed pursuant to paragraph (2)(B) shall be not 
     more than 5 years.
       (ii) Initial appointed directors.--Of the initial members 
     of the Board appointed pursuant to paragraph (2)(B)--

       (I) 4 members, including at least 2 private-sector donors 
     making financial contributions to the Foundation, shall serve 
     for 4 years; and
       (II) 4 members shall serve for 5 years, as determined by 
     the Chairperson of the Board.

       (B) Vacancies.--Any vacancy in the Board--
       (i) shall be filled in the manner in which the original 
     appointment was made; and
       (ii) shall not affect the power of the remaining appointed 
     members of the Board to execute the duties of the Board.
       (8) Quorum.--A majority of the current membership of the 
     Board, including the Secretary or the Secretary's designee, 
     shall constitute a quorum for the transaction of Foundation 
     business.
       (9) Meetings.--
       (A) In general.--The Board shall meet not less frequently 
     than annually at the call of the Chairperson. Such meetings 
     may be in person, virtual, or hybrid.
       (B) Initial meeting.--Not later than 60 days after the 
     Board is established pursuant to section 1293(a), the 
     Secretary of State shall convene a meeting of the ex-officio 
     members of the Board and the appointed members of the Board 
     to incorporate the Foundation.
       (C) Removal.--Any member of the Board appointed pursuant to 
     paragraph (2)(B) who misses 3 consecutive regularly scheduled 
     meetings may be removed by a majority vote of the Board.
       (10) Reimbursement of expenses.--
       (A) In general.--Members of the Board shall serve without 
     pay, but may be reimbursed for the actual and necessary 
     traveling and subsistence expenses incurred in the 
     performance of the duties of the Foundation.
       (B) Limitation.--Expenses incurred outside the United 
     States may be reimbursed under this paragraph if at least 2 
     members of the Board concurrently incurred such expenses. 
     Such reimbursements--
       (i) shall be available exclusively for actual costs 
     incurred by members of the Board up to the published daily 
     per diem rate for lodging, meals, and incidentals; and
       (ii) shall not include first-class, business-class, or 
     travel in any class other than economy class or coach class.
       (C) Other expenses.--All other expenses, including salaries 
     for officers and staff of the Foundation, shall be 
     established by a majority vote of the Board, as proposed by 
     the Executive Director on no less than an annual basis.
       (11) Not federal employees.--Appointment as a member of the 
     Board and employment by the Foundation does not constitute 
     employment by, or the holding of an office of, the United 
     States for purposes of any Federal law.
       (12) Duties.--The Board shall--
       (A) establish bylaws for the Foundation in accordance with 
     paragraph (13);
       (B) provide overall direction for the activities of the 
     Foundation and establish priority activities;
       (C) carry out any other necessary activities of the 
     Foundation;
       (D) evaluate the performance of the Executive Director;
       (E) take steps to limit the administrative expenses of the 
     Foundation; and
       (F) not less frequently than annually, consult and 
     coordinate with stakeholders qualified to provide advice, 
     assistance, and information regarding effective protected and 
     conserved area management.
       (13) Bylaws.--
       (A) In general.--The bylaws required to be established 
     under paragraph (12)(A) shall include--
       (i) the specific duties of the Executive Director;
       (ii) policies and procedures for the selection of members 
     of the Board and officers, employees, agents, and contractors 
     of the Foundation;
       (iii) policies, including ethical standards, for--

       (I) the acceptance, solicitation, and disposition of 
     donations and grants to the Foundation; and
       (II) the disposition of assets of the Foundation upon the 
     dissolution of the Foundation;

       (iv) policies that subject all implementing partners, 
     employees, fellows, trainees, and other agents of the 
     Foundation (including ex-officio members of the Board and 
     appointed members of the Board) to stringent ethical and 
     conflict of interest standards;
       (v) removal and exclusion procedures for implementing 
     partners, employees, fellows,

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     trainees, and other agents of the Foundation (including ex-
     officio members of the Board and appointed members of the 
     Board) who fail to uphold the ethical and conflict of 
     interest standards established pursuant to clause (iii);
       (vi) policies for winding down the activities of the 
     Foundation upon its dissolution, including a plan--

       (I) to return unspent appropriations to the Treasury of the 
     United States; and
       (II) to donate unspent private and philanthropic 
     contributions to projects that align with the goals and 
     requirements described in section 1297;

       (vii) policies for vetting implementing partners and 
     grantees to ensure the Foundation does not provide grants to 
     for profit entities whose primary objective is activities 
     other than conservation activities; and
       (viii) clawback policies and procedures to be incorporated 
     into grant agreements to ensure compliance with the policies 
     referred to in clause (vii).
       (B) Requirements.--The Board shall ensure that the bylaws 
     of the Foundation and the activities carried out under such 
     bylaws do not--
       (i) reflect unfavorably on the ability of the Foundation to 
     carry out activities in a fair and objective manner; or
       (ii) compromise, or appear to compromise, the integrity of 
     any governmental agency or program, or any officer or 
     employee employed by, or involved in, a governmental agency 
     or program.
       (c) Foundation Staff.--Officers and employees of the 
     Foundation--
       (1) may not be employees of, or hold any office in, the 
     United States Government;
       (2) may not serve in the employ of any nongovernmental 
     organization, project, or person related to or affiliated 
     with any grantee of the Foundation while employed by the 
     Foundation;
       (3) may not receive compensation from any other source for 
     work performed in carrying out the duties of the Foundation 
     while employed by the Foundation; and
       (4) should not receive a salary at a rate that is greater 
     than the maximum rate of basic pay authorized for positions 
     at level I of the Executive Schedule under section 5312 of 
     title 5, United States Code.
       (d) Limitation and Conflicts of Interests.--
       (1) Political participation.--The Foundation may not--
       (A) lobby for political or policy issues; or
       (B) participate or intervene in any political campaign in 
     any country.
       (2) Financial interests.--As determined by the Board and 
     set forth in the bylaws established pursuant to subsection 
     (b)(13), and consistent with best practices, any member of 
     the Board or officer or employee of the Foundation shall be 
     prohibited from participating, directly or indirectly, in the 
     consideration or determination of any question before the 
     Foundation affecting--
       (A) the financial interests of such member of the Board, or 
     officer or employee of the Foundation, not including such 
     member's Foundation expenses and compensation; and
       (B) the interests of any corporation, partnership, entity, 
     or organization in which such member of the Board, officer, 
     or employee has any fiduciary obligation or direct or 
     indirect financial interest.
       (3) Recusals.--Any member of the Board that has a business, 
     financial, or familial interest in an organization or 
     community seeking support from the Foundation shall recuse 
     himself or herself from all deliberations, meetings, and 
     decisions concerning the consideration and decision relating 
     to such support.
       (4) Project ineligibility.--The Foundation may not provide 
     support to individuals or entities with business, financial, 
     or familial ties to--
       (A) a current member of the Board; or
       (B) a former member of the Board during the 5-year period 
     immediately following the last day of the former member's 
     term on the Board.

     SEC. 1295. CORPORATE POWERS AND OBLIGATIONS OF THE 
                   FOUNDATION.

       (a) General Authority.--
       (1) In general.--The Foundation--
       (A) may conduct business in foreign countries;
       (B) shall have its principal offices in the Washington, 
     D.C. metropolitan area; and
       (C) shall continuously maintain a designated agent in 
     Washington, D.C. who is authorized to accept notice or 
     service of process on behalf of the Foundation.
       (2) Notice and service of process.--The serving of notice 
     to, or service of process upon, the agent referred to in 
     paragraph (1)(C), or mailed to the business address of such 
     agent, shall be deemed as service upon, or notice to, the 
     Foundation.
       (3) Audits.--The Foundation shall be subject to the general 
     audit authority of the Comptroller General of the United 
     States under section 3523 of title 31, United States Code.
       (b) Authorities.--In addition to powers explicitly 
     authorized under this subtitle, the Foundation, in order to 
     carry out the purposes described in section 1293(b), shall 
     have the usual powers of a corporation headquartered in 
     Washington, D.C., including the authority--
       (1) to accept, receive, solicit, hold, administer, and use 
     any gift, devise, or bequest, either absolutely or in trust, 
     or real or personal property or any income derived from such 
     gift or property, or other interest in such gift or property 
     located in the United States;
       (2) to acquire by donation, gift, devise, purchase, or 
     exchange any real or personal property or interest in such 
     property located in the United States;
       (3) unless otherwise required by the instrument of 
     transfer, to sell, donate, lease, invest, reinvest, retain, 
     or otherwise dispose of any property or income derived from 
     such property located in the United States;
       (4) to complain and defend itself in any court of competent 
     jurisdiction (except that the members of the Board shall not 
     be personally liable, except for gross negligence);
       (5) to enter into contracts or other arrangements with 
     public agencies, private organizations, and persons and to 
     make such payments as may be necessary to carry out the 
     purposes of such contracts or arrangements; and
       (6) to award grants for eligible projects, in accordance 
     with section 1297.
       (c) Limitation of Public Liability.--The United States 
     shall not be liable for any debts, defaults, acts, or 
     omissions of the Foundation. The Federal Government shall be 
     held harmless from any damages or awards ordered by a court 
     against the Foundation.

     SEC. 1296. SAFEGUARDS AND ACCOUNTABILITY.

       (a) Safeguards.--The Foundation shall develop, and 
     incorporate into any agreement for support provided by the 
     Foundation, appropriate safeguards, policies, and guidelines, 
     consistent with United States law and best practices and 
     standards for environmental and social safeguards.
       (b) Independent Accountability Mechanism.--
       (1) In general.--The Secretary, or the Secretary's 
     designee, shall establish a transparent and independent 
     accountability mechanism, consistent with best practices, 
     which shall provide--
       (A) a compliance review function that assesses whether 
     Foundation-supported projects adhere to the requirements 
     developed pursuant to subsection (a);
       (B) a dispute resolution function for resolving and 
     remedying concerns between complainants and project 
     implementers regarding the impacts of specific Foundation-
     supported projects with respect to such standards; and
       (C) an advisory function that reports to the Board on 
     projects, policies, and practices.
       (2) Duties.--The accountability mechanism shall--
       (A) report annually to the Board and the appropriate 
     congressional committees regarding the Foundation's 
     compliance with best practices and standards in accordance 
     with paragraph (1)(A) and the nature and resolution of any 
     complaint;
       (B)(i) have permanent staff, led by an independent 
     accountability official, to conduct compliance reviews and 
     dispute resolutions and perform advisory functions; and
       (ii) maintain a roster of experts to serve such roles, to 
     the extent needed; and
       (C) hold a public comment period lasting not fewer than 60 
     days regarding the initial design of the accountability 
     mechanism.
       (c) Internal Accountability.--The Foundation shall 
     establish an ombudsman position at a senior level of 
     executive staff as a confidential, neutral source of 
     information and assistance to anyone affected by the 
     activities of the Foundation.
       (d) Annual Review.--The Secretary shall, periodically, but 
     not less frequent than annually, review assistance provided 
     by the Foundation for the purpose of implementing section 
     1293(b) to ensure consistency with the provisions under 
     section 620M of Foreign Assistance Act of 1961 (22 U.S.C. 
     2378d).

     SEC. 1297. PROJECTS AND GRANTS.

       (a) Project Funding Requirements.--
       (1) In general.--The Foundation shall--
       (A) provide grants to support eligible projects described 
     in paragraph (3) that advance its mission to enable effective 
     management of primarily protected and conserved areas and 
     their contiguous buffer zones in eligible countries;
       (B) advance effective landscape or seascape approaches to 
     conservation that include buffer zones, wildlife dispersal 
     and corridor areas, and other effective area-based 
     conservation measures; and
       (C) not purchase, own, or lease land, including 
     conservation easements, in eligible countries.
       (2) Eligible entities.--Eligible entities shall include--
       (A) not-for-profit organizations with demonstrated 
     expertise in protected and conserved area management and 
     economic development;
       (B) governments of eligible partner countries, as 
     determined by subsection (b), with the exception of 
     governments and government entities that are prohibited from 
     receiving grants from the Foundation pursuant to section 
     1298; and
       (C) Indigenous and local communities in such eligible 
     countries.
       (3) Eligible projects.--Eligible projects shall include 
     projects that--
       (A) focus on supporting--
       (i) transparent and effective long-term management of 
     primarily protected or conserved areas and their contiguous 
     buffer zones in countries described in subsection (b), 
     including terrestrial, coastal, and marine protected or 
     conserved areas, parks, community conservancies, Indigenous 
     reserves, conservation easements, and biological reserves; 
     and

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       (ii) other effective area-based conservation measures;
       (B) are cost-matched at a ratio of not less than $2 from 
     sources other than the United States for every $1 made 
     available under this subtitle;
       (C) are subject to long-term binding memoranda of 
     understanding with the governments of eligible countries and 
     local communities--
       (i) to ensure that local populations have access, resource 
     management responsibilities, and the ability to pursue 
     permissible, sustainable economic activity on affected lands; 
     and
       (ii) that may be signed by governments in such eligible 
     countries to ensure free, prior, and informed consent of 
     affected communities;
       (D) incorporate a set of key performance and impact 
     indicators;
       (E) demonstrate robust local community engagement, with the 
     completion of appropriate environmental and social due 
     diligence, including--
       (i) free, prior, and informed consent of Indigenous Peoples 
     and relevant local communities;
       (ii) inclusive governance structures; and
       (iii) effective grievance mechanisms;
       (F) create economic opportunities for local communities, 
     including through--
       (i) equity and profit-sharing;
       (ii) cooperative management of natural resources;
       (iii) employment activities; and
       (iv) other related economic growth activities;
       (G) leverage stable baseline funding for the effective 
     management of the primarily protected or conserved area 
     project; and
       (H) to the extent possible--
       (i) are viable and prepared for implementation; and
       (ii) demonstrate a plan to strengthen the capacity of, and 
     transfer skills to, local institutions to manage the 
     primarily protected or conserved area before or after grant 
     funding is exhausted.
       (b) Eligible Countries.--
       (1) In general.--Pursuant to the Plan of Action required 
     under section 1293(c), and before awarding any grants or 
     entering into any project agreements for any fiscal year, the 
     Board shall conduct a review to identify eligible countries 
     in which the Foundation may fund projects. Such review shall 
     consider countries that--
       (A) are low-income, lower middle-income, or upper-middle-
     income economies (as defined by the International Bank for 
     Reconstruction and Development and the International 
     Development Association);
       (B) have--
       (i) a high degree of threatened or at-risk biological 
     diversity; or
       (ii) species or ecosystems of significant importance, 
     including threatened or endangered species or ecosystems at 
     risk of degradation or destruction;
       (C) have demonstrated a commitment to conservation through 
     verifiable actions, such as protecting lands and waters 
     through the gazettement of national parks, community 
     conservancies, marine reserves and protected areas, forest 
     reserves, or other legally recognized forms of place-based 
     conservation; and
       (D) are not ineligible to receive United States foreign 
     assistance pursuant to any other provision of law, including 
     laws identified in section 1298.
       (2) Identification of eligible countries.--Not later than 5 
     days after the date on which the Board determines which 
     countries are eligible to receive assistance under this 
     subtitle for a fiscal year, the Executive Director shall--
       (A) submit a report to the appropriate congressional 
     committees that includes--
       (i) a list of all such eligible countries, as determined 
     through the review process described in paragraph (1); and
       (ii) a detailed justification for each such eligibility 
     determination, including--

       (I) an analysis of why the eligible country would be 
     suitable for partnership;
       (II) an evaluation of the eligible partner country's 
     interest in and ability to participate meaningfully in 
     proposed Foundation activities, including an evaluation of 
     such eligible country's prospects to substantially benefit 
     from Foundation assistance;
       (III) an estimation of each such eligible partner country's 
     commitment to conservation; and
       (IV) an assessment of the capacity and willingness of the 
     eligible country to enact or implement reforms that might be 
     necessary to maximize the impact and effectiveness of 
     Foundation support; and

       (B) publish the information contained in the report 
     described in subparagraph (A) in the Federal Register.
       (c) Grantmaking.--
       (1) In general.--In order to maximize program 
     effectiveness, the Foundation shall--
       (A) coordinate with other international public and private 
     donors to the greatest extent practicable and appropriate;
       (B) seek additional financial and nonfinancial 
     contributions and commitments for its projects from 
     governments in eligible countries;
       (C) strive to generate a partnership mentality among all 
     participants, including public and private funders, host 
     governments, local protected areas authorities, and private 
     and nongovernmental organization partners;
       (D) prioritize investments in communities with low levels 
     of economic development to the greatest extent practicable 
     and appropriate; and
       (E) consider the eligible partner country's planned and 
     dedicated resources to the proposed project and the eligible 
     entity's ability to successfully implement the project.
       (2) Grant criteria.--Foundation grants--
       (A) shall fund eligible projects that enhance the 
     management of well-defined primarily protected or conserved 
     areas and the systems of such conservation areas in eligible 
     countries;
       (B) should support adequate baseline funding for eligible 
     projects in eligible countries to be sustained for not less 
     than 10 years;
       (C) should, during the grant period, demonstrate progress 
     in achieving clearly defined key performance indicators (as 
     defined in the grant agreement), which may include--
       (i) the protection of biological diversity;
       (ii) the protection of native flora and habitats, such as 
     trees, forests, wetlands, grasslands, mangroves, coral reefs, 
     and sea grass;
       (iii) community-based economic growth indicators, such as 
     improved land tenure, increases in beneficiaries 
     participating in related economic growth activities, and 
     sufficient income from conservation activities being directed 
     to communities in project areas;
       (iv) improved management of the primarily protected or 
     conserved area covered by the project, as documented through 
     the submission of strategic plans or annual reports to the 
     Foundation; and
       (v) the identification of additional revenue sources or 
     sustainable financing mechanisms to meet the recurring costs 
     of management of the primarily protected or conserved areas; 
     and
       (D) shall be terminated if the Board determines that the 
     project is not--
       (i) meeting applicable requirements under this subtitle; or
       (ii) making progress in achieving the key performance 
     indicators defined in the grant agreement.

     SEC. 1298. PROHIBITION OF SUPPORT FOR CERTAIN GOVERNMENTS.

       (a) In General.--The Foundation may not provide support for 
     any government, or any entity owned or controlled by a 
     government, if the Secretary has determined that such 
     government--
       (1) has repeatedly provided support for acts of 
     international terrorism, as determined under--
       (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (22 U.S.C. 4813(c)(1)(A)(i));
       (B) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a));
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (D) any other relevant provision of law;
       (2) has been identified pursuant to section 116(a) or 
     502B(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2151n(a) and 2304(a)(2)) or any other relevant provision of 
     law; or
       (3) has failed the ``control of corruption'' indicator, as 
     determined by the Millennium Challenge Corporation, within 
     any of the preceding 3 years of the intended grant;
       (b) Prohibition of Support for Sanctioned Persons.--The 
     Foundation may not engage in any dealing prohibited under 
     United States sanctions laws or regulations, including 
     dealings with persons on the list of specially designated 
     persons and blocked persons maintained by the Office of 
     Foreign Assets Control of the Department of the Treasury, 
     except to the extent otherwise authorized by the Secretary or 
     by the Secretary of the Treasury.
       (c) Prohibition of Support for Activities Subject to 
     Sanctions.--The Foundation shall require any person receiving 
     support to certify that such person, and any entity owned or 
     controlled by such person, is in compliance with all United 
     States sanctions laws and regulations.

     SEC. 1299. ANNUAL REPORT.

       Not later than 360 days after the date of the enactment of 
     this Act, and annually thereafter while the Foundation 
     continues to operate, the Executive Director of the 
     Foundation shall submit a report to the appropriate 
     congressional committees that describes--
       (1) the goals of the Foundation;
       (2) the programs, projects, and activities supported by the 
     Foundation;
       (3) private and governmental contributions to the 
     Foundation; and
       (4) the standardized criteria utilized to determine the 
     programs and activities supported by the Foundation, 
     including baselines, targets, desired outcomes, measurable 
     goals, and extent to which those goals are being achieved for 
     each project.

     SEC. 1299A. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--In addition to amounts authorized to be 
     appropriated to carry out international conservation and 
     biodiversity programs under part I and chapter 4 of part II 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.), and subject to the limitations set forth in 
     subsections (b) and (c), there is authorized to be 
     appropriated to the Foundation to carry out the purposes of 
     this subtitle--
       (1) $1,000,000 for fiscal year 2025; and
       (2) not more than $100,000,000 for each of the fiscal years 
     2026 through 2034.
       (b) Cost Matching Requirement.--Amounts appropriated 
     pursuant to subsection (a) may only be made available to 
     grantees to the extent the Foundation or such grantees secure 
     funding for an eligible project from sources other than the 
     United

[[Page S4354]]

     States Government in an amount that is not less than twice 
     the amount received in grants for such project pursuant to 
     section 1297.
       (c) Administrative Costs.--The administrative costs of the 
     Foundation shall come from sources other than the United 
     States Government.
       (d) Prohibition on Use of Grant Amounts for Lobbying 
     Expenses.--Amounts provided as a grant by the Foundation 
     pursuant to section 1297 may not be used for any activity 
     intended to influence legislation pending before the Congress 
     of the United States.
                                 ______