[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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