[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4816-S4819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2497. Mr. COONS (for himself, Mr. Graham, Mr. Tillis, Mr.
Heinrich, Mr. King, Mr. Whitehouse, Mrs. Shaheen, Mr. Ricketts, Ms.
Hirono, and Mr. Scott of South Carolina) 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 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, and the heads of
three other relevant Federal departments or agencies with
responsibilities that include management of land or marine
conservation areas, as determined by the Secretary, or the
Senate-confirmed designees of such officials; and
(B) 8 other individuals, who shall be appointed by the
Secretary, in consultation
[[Page S4817]]
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, 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.
[[Page S4818]]
(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
(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
[[Page S4819]]
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 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.
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