    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    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'';

    [[Page 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 5582]]

    (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:

    [[Page 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 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

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    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.