```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 618 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 368
118th CONGRESS
  2d Session
                                 S. 618

      To establish the United States Foundation for International 
Conservation to promote long-term management of protected and conserved 
                     areas, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2023

  Mr. Coons (for himself, Mr. Graham, Mr. Whitehouse, Mr. Tillis, Mr. 
Heinrich, Mr. Boozman, Mr. Ricketts, Mr. Kaine, and Mr. Scott of South 
   Carolina) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

                              May 7, 2024

               Reported by Mr. Cardin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
      To establish the United States Foundation for International 
Conservation to promote long-term management of protected and conserved 
                     areas, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``United States Foundation 
for International Conservation Act of 2023''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Appropriations of the 
                Senate;</DELETED>
                <DELETED>    (B) the Committee on Foreign Relations of 
                the Senate;</DELETED>
                <DELETED>    (C) the Committee on Appropriations of the 
                House of Representatives; and</DELETED>
                <DELETED>    (D) the Committee on Foreign Affairs of 
                the House of Representatives.</DELETED>
        <DELETED>    (2) Board.--The term ``Board'' means the Board of 
        Directors established pursuant to section 4(a).</DELETED>
        <DELETED>    (3) Director.--The term ``Director'' means--
        </DELETED>
                <DELETED>    (A) an initial member of the Board 
                appointed pursuant to section 4(a)(2)(C); or</DELETED>
                <DELETED>    (B) a member of the Board selected to fill 
                a vacancy pursuant to section 4(a)(3)(B).</DELETED>
        <DELETED>    (4) Eligible country.--The term ``eligible 
        country'' means any of the countries described in section 
        7(b).</DELETED>
        <DELETED>    (5) Eligible project.--The term ``eligible 
        project'' means any of the projects described in section 
        7(a)(2).</DELETED>
        <DELETED>    (6) Executive director.--The term ``Executive 
        Director'' means the Executive Director of the Foundation hired 
        pursuant to section 4(b).</DELETED>
        <DELETED>    (7) Foundation.--The term ``Foundation'' means the 
        United States Foundation for International Conservation 
        established pursuant to section 3(a).</DELETED>
        <DELETED>    (8) Secretary.--The term ``Secretary'' means the 
        Secretary of State.</DELETED>

<DELETED>SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL 
              CONSERVATION.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Independence.--The Foundation is not an agency 
        or instrumentality of the United States Government.</DELETED>
        <DELETED>    (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 exempts the 
        organization from taxation under subsection (a) of such 
        section.</DELETED>
        <DELETED>    (4) Termination of operations.--The Foundation 
        shall terminate operations on the date that is 10 years after 
        the date on which it is established pursuant to paragraph 
        (1).</DELETED>
<DELETED>    (b) Purposes.--The purposes of the Foundation are--
</DELETED>
        <DELETED>    (1) to promote effective, long-term management of 
        protected and conserved areas and their contiguous buffer zones 
        in eligible countries;</DELETED>
        <DELETED>    (2) to advocate for, incentivize, accept, and 
        administer governmental and nongovernmental funds, including 
        donations from the private sector, to increase the availability 
        and predictability of financing for long-term management of 
        protected and conserved areas;</DELETED>
        <DELETED>    (3) to close critical gaps in public international 
        conservation efforts by--</DELETED>
                <DELETED>    (A) increasing private sector investment, 
                including investments from philanthropic entities; 
                and</DELETED>
                <DELETED>    (B) collaborating with partners providing 
                bilateral and multilateral financing to support 
                enhanced coordination;</DELETED>
        <DELETED>    (4) to identify and financially support 
        implementation-ready projects--</DELETED>
                <DELETED>    (A) that promote long-term management of 
                protected and conserved areas and their contiguous 
                buffer zones in eligible countries, including 
                supporting the management of terrestrial, coastal, 
                freshwater, and marine protected areas, parks, 
                community conservancies, indigenous reserves, 
                conservation easements, and biological reserves; 
                and</DELETED>
                <DELETED>    (B) that provide effective area-based 
                conservation measures, consistent with internationally 
                recognized best practices and standards for 
                environmental and social safeguards; and</DELETED>
        <DELETED>    (5) to coordinate with, and otherwise support and 
        assist, foreign governments, private sector entities, local 
        communities, Indigenous Peoples, and other stakeholders in 
        undertaking biodiversity conservation activities--</DELETED>
                <DELETED>    (A) to achieve sustainable biodiversity 
                conservation outcomes; and</DELETED>
                <DELETED>    (B) to improve local security, governance, 
                food security, and economic opportunities.</DELETED>

<DELETED>SEC. 4. GOVERNANCE OF THE FOUNDATION.</DELETED>

<DELETED>    (a) Board of Directors.--</DELETED>
        <DELETED>    (1) Governance.--The Foundation shall be governed 
        by a Board of Directors.</DELETED>
        <DELETED>    (2) Composition.--</DELETED>
                <DELETED>    (A) In general.--The Board shall be 
                composed of--</DELETED>
                        <DELETED>    (i) the Directors described in 
                        subparagraph (B); and</DELETED>
                        <DELETED>    (ii) Appointed Directors described 
                        in subparagraph (C).</DELETED>
                <DELETED>    (B) Directors.--The following individuals, 
                or designees of such individuals, shall serve as 
                Directors:</DELETED>
                        <DELETED>    (i) The Secretary of 
                        State.</DELETED>
                        <DELETED>    (ii) The Administrator of the 
                        United States Agency for International 
                        Development.</DELETED>
                        <DELETED>    (iii) The Secretary of the 
                        Interior.</DELETED>
                        <DELETED>    (iv) The Chief of the United 
                        States Forest Service.</DELETED>
                        <DELETED>    (v) The Administrator of the 
                        National Oceanic and Atmospheric 
                        Administration.</DELETED>
                <DELETED>    (C) Appointed directors.--The Secretary, 
                in consultation with the other Directors described in 
                subparagraph (B), shall appoint, as Directors of the 
                Board--</DELETED>
                        <DELETED>    (i) 4 private-sector committed 
                        donors; and</DELETED>
                        <DELETED>    (ii) 5 independent experts who 
                        represent diverse points of view, to the 
                        maximum extent practicable.</DELETED>
                <DELETED>    (D) Qualifications.--Each independent 
                expert appointed pursuant to subparagraph (C) shall be 
                knowledgeable and experienced in matters relating to--
                </DELETED>
                        <DELETED>    (i) international 
                        development;</DELETED>
                        <DELETED>    (ii) protected area management and 
                        the conservation of global biodiversity, fish 
                        and wildlife, ecosystem restoration, 
                        adaptation, and resilience; and</DELETED>
                        <DELETED>    (iii) grantmaking in support of 
                        international conservation.</DELETED>
                <DELETED>    (E) Chairperson.--The Board shall elect, 
                from among its Directors, a Chairperson, who shall 
                serve for a 2-year term.</DELETED>
        <DELETED>    (3) Terms; vacancies.--</DELETED>
                <DELETED>    (A) Terms.--</DELETED>
                        <DELETED>    (i) In general.--The term of 
                        service of each Director appointed pursuant to 
                        paragraph (2)(C) shall be not more than 5 
                        years.</DELETED>
                        <DELETED>    (ii) Initial appointed 
                        directors.--Of the initial Directors appointed 
                        pursuant to paragraph (2)(C)--</DELETED>
                                <DELETED>    (I) 5 Directors, including 
                                at least 2 private-sector committed 
                                donors, shall serve for 4 years; 
                                and</DELETED>
                                <DELETED>    (II) 4 Directors shall 
                                serve for 5 years, as determined by the 
                                Chairperson of the Board.</DELETED>
                <DELETED>    (B) Vacancies.--Any vacancy in the 
                membership of the appointed Directors of the Board--
                </DELETED>
                        <DELETED>    (i) shall be filled in accordance 
                        with the bylaws of the Foundation by a private-
                        sector committed donor or an independent expert 
                        who meets the qualifications under subparagraph 
                        (C)(ii)(A), as applicable, as represented by 
                        the vacating Director;</DELETED>
                        <DELETED>    (ii) shall not affect the power of 
                        the remaining appointed Directors to execute 
                        the duties of the Board; and</DELETED>
                        <DELETED>    (iii) shall be filled by an 
                        individual selected by the Board.</DELETED>
        <DELETED>    (4) Quorum.--A majority of the current membership 
        of the Board shall constitute a quorum for the transaction of 
        Foundation business.</DELETED>
        <DELETED>    (5) Meetings.--</DELETED>
                <DELETED>    (A) In general.--The Board shall meet at 
                the call of the Chairperson not less frequently than 
                annually.</DELETED>
                <DELETED>    (B) Initial meeting.--Not later than 60 
                days after the Board is established pursuant to section 
                3(a), the Secretary shall convene a meeting of the ex-
                officio Directors and the appointed Directors of the 
                Board to incorporate the Foundation.</DELETED>
                <DELETED>    (C) Removal.--Any Director who misses 3 
                consecutive regularly scheduled meetings may be removed 
                from the Board.</DELETED>
        <DELETED>    (6) Reimbursement of expenses.--Directors 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.</DELETED>
        <DELETED>    (7) Not federal employees.--Appointment as a 
        Director of the Board shall not constitute employment by, or 
        the holding of an office of, the United States for purposes of 
        any Federal law.</DELETED>
        <DELETED>    (8) Duties.--The Board shall--</DELETED>
                <DELETED>    (A) establish bylaws for the Foundation in 
                accordance with paragraph (9);</DELETED>
                <DELETED>    (B) provide overall direction for the 
                activities of the Foundation and establish priority 
                activities;</DELETED>
                <DELETED>    (C) carry out any other necessary 
                activities of the Foundation;</DELETED>
                <DELETED>    (D) evaluate the performance of the 
                Executive Director; and</DELETED>
                <DELETED>    (E) not less frequently than annually, 
                consult and coordinate with stakeholders qualified to 
                provide advice, assistance, and information regarding 
                effective protected and conserved area 
                management.</DELETED>
        <DELETED>    (9) Bylaws.--</DELETED>
                <DELETED>    (A) In general.--The bylaws established 
                pursuant to paragraph (8)(A) may include--</DELETED>
                        <DELETED>    (i) policies for the selection of 
                        Directors of the Board and officers, employees, 
                        agents, and contractors of the 
                        Foundation;</DELETED>
                        <DELETED>    (ii) policies, including ethical 
                        standards, for--</DELETED>
                                <DELETED>    (I) the acceptance, 
                                solicitation, and disposition of 
                                donations and grants to the Foundation; 
                                and</DELETED>
                                <DELETED>    (II) the disposition of 
                                assets of the Foundation;</DELETED>
                        <DELETED>    (iii) policies that subject all 
                        employees, fellows, trainees, and other agents 
                        of the Foundation (including ex-officio 
                        Directors and appointed Directors of the Board) 
                        to conflict of interest standards; 
                        and</DELETED>
                        <DELETED>    (iv) the specific duties of the 
                        Executive Director.</DELETED>
                <DELETED>    (B) Requirements.--The Board shall ensure 
                that the bylaws of the Foundation and the activities 
                carried out under such bylaws do not--</DELETED>
                        <DELETED>    (i) reflect unfavorably on the 
                        ability of the Foundation to carry out 
                        activities in a fair and objective manner; 
                        or</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (b) Executive Director.--The Board shall hire an Executive 
Director of the Foundation, who shall serve, at the pleasure of the 
Board, as the Chief Executive Officer of the Foundation.</DELETED>
<DELETED>    (c) Foundation Staff.--Officers and employees of the 
Foundation--</DELETED>
        <DELETED>    (1) may not be employees of, or hold any office 
        in, the United States Government; and</DELETED>
        <DELETED>    (2) shall be appointed without regard to the 
        provisions of--</DELETED>
                <DELETED>    (A) title 5, United States Code, governing 
                appointments in the competitive service; and</DELETED>
                <DELETED>    (B) chapter 51 and subchapter III of 
                chapter 53 of such title, relating to classification 
                and General Schedule pay rates.</DELETED>
<DELETED>    (d) Limitation and Conflicts of Interests.--</DELETED>
        <DELETED>    (1) Political participation.--The Foundation may 
        not participate or intervene in any political campaign on 
        behalf of any candidate for public office in any 
        country.</DELETED>
        <DELETED>    (2) Financial interests.--Any Director of the 
        Board or officer or employee of the Foundation is prohibited 
        from participating, directly or indirectly, in the 
        consideration or determination of any question before the 
        Foundation affecting--</DELETED>
                <DELETED>    (A) the financial interests of such 
                Director, officer, or employee; and</DELETED>
                <DELETED>    (B) the interests of any corporation, 
                partnership, entity, or organization in which such 
                Director, officer, or employee has any fiduciary 
                obligation or direct or indirect financial 
                interest.</DELETED>

<DELETED>SEC. 5. CORPORATE POWERS AND OBLIGATIONS OF THE 
              FOUNDATION.</DELETED>

<DELETED>    (a) General Authority.--</DELETED>
        <DELETED>    (1) In general.--The Foundation--</DELETED>
                <DELETED>    (A) shall have perpetual succession unless 
                dissolved by an Act of Congress;</DELETED>
                <DELETED>    (B) may conduct business throughout the 
                States, territories, and possessions of the United 
                States and in foreign countries;</DELETED>
                <DELETED>    (C) shall have its principal offices in 
                the Washington, DC metropolitan area; and</DELETED>
                <DELETED>    (D) shall continuously maintain a 
                designated agent in Washington, DC who is authorized to 
                accept notice or service of process on behalf of the 
                Foundation.</DELETED>
        <DELETED>    (2) Notice and service of process.--The serving of 
        notice to, or service of process upon, the agent referred to in 
        paragraph (1)(D), or mailed to the business address of such 
        agent, shall be deemed as service upon, or notice to, the 
        Foundation.</DELETED>
        <DELETED>    (3) Seal.--The Foundation shall have an official 
        seal, which shall be selected by the Board and judicially 
        noticed.</DELETED>
<DELETED>    (b) Authorities.--In addition to powers explicitly 
authorized under this Act, the Foundation, in order to carry out the 
purposes described in section 3(b), shall have the usual powers of a 
corporation headquartered in Washington, DC, including the authority--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to acquire by donation, gift, devise, 
        purchase, or exchange any real or personal property or interest 
        in such property;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) to borrow money and issue bonds, debentures, 
        or other debt instruments;</DELETED>
        <DELETED>    (5) to complain and defend itself in any court of 
        competent jurisdiction (except that the Directors of the Board 
        shall not be personally liable, except for gross 
        negligence);</DELETED>
        <DELETED>    (6) 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</DELETED>
        <DELETED>    (7) to award grants for eligible projects, in 
        accordance with section 7.</DELETED>
<DELETED>    (c) Property Interests.--</DELETED>
        <DELETED>    (1) Interest in real property.--In this 
        subsection, the term ``interest in real property'' includes--
        </DELETED>
                <DELETED>    (A) mineral and water rights;</DELETED>
                <DELETED>    (B) rights of way; and</DELETED>
                <DELETED>    (C) easements appurtenant or in 
                gross.</DELETED>
        <DELETED>    (2) In general.--The Foundation may acquire, hold, 
        and dispose of lands, waters, and other interests in real 
        property by donation, gift, devise, purchase, or 
        exchange.</DELETED>
        <DELETED>    (3) Limits to property rights.--A gift, devise, or 
        bequest may be accepted by the Foundation even though it is 
        encumbered, restricted, or subject to beneficial interests of 
        private persons if any current or future interest therein is 
        for the benefit of the Foundation.</DELETED>
<DELETED>    (d) Federal Funds.--</DELETED>
        <DELETED>    (1) In general.--The Foundation may--</DELETED>
                <DELETED>    (A) hold Federal funds made available, but 
                not immediately disbursed; and</DELETED>
                <DELETED>    (B) use any interest or other investment 
                income earned on such Federal funds to carry out the 
                purposes of the Foundation under this Act.</DELETED>
        <DELETED>    (2) Limitation.--Investments made pursuant to 
        paragraph (1)(B) may only be made in--</DELETED>
                <DELETED>    (A) interest-bearing obligations of the 
                United States; or</DELETED>
                <DELETED>    (B) obligations guaranteed as to both 
                principal and interest by the United States.</DELETED>
<DELETED>    (e) Limitation of Public Liability.--The United States 
shall not be liable for any debts, defaults, acts, or omissions of the 
Foundation.</DELETED>

<DELETED>SEC. 6. SAFEGUARDS AND ACCOUNTABILITY.</DELETED>

<DELETED>    (a) Safeguards.--The Foundation shall develop, and 
incorporate into any agreement for support provided by the Foundation, 
appropriate safeguards, policies, and guidelines, consistent with 
internationally recognized best practices and standards for 
environmental and social safeguards.</DELETED>
<DELETED>    (b) Independent Accountability Mechanism.--</DELETED>
        <DELETED>    (1) In general.--The Foundation shall establish a 
        transparent and independent accountability mechanism, which 
        shall provide--</DELETED>
                <DELETED>    (A) a compliance review function that 
                assesses whether Foundation-supported projects adhere 
                to the requirements developed pursuant to subsection 
                (a);</DELETED>
                <DELETED>    (B) a dispute resolution function for 
                resolving concerns between complainants and project 
                implementers regarding the impacts of specific 
                Foundation-supported projects with respect to such 
                standards; and</DELETED>
                <DELETED>    (C) an advisory function that reports to 
                the Foundation on projects, policies, and 
                practices.</DELETED>
        <DELETED>    (2) Duties.--The accountability mechanism shall--
        </DELETED>
                <DELETED>    (A) report annually to the Board and to 
                the appropriate congressional committees regarding the 
                Foundation's compliance with internationally recognized 
                best practices and standards in accordance with 
                paragraph (1)(A);</DELETED>
                <DELETED>    (B)(i) have permanent staff to conduct 
                compliance reviews and dispute resolutions; 
                or</DELETED>
                <DELETED>    (ii) maintain a roster of experts to serve 
                such roles, to the extent needed; and</DELETED>
                <DELETED>    (C) hold a public comment period lasting 
                not fewer than 60 days regarding the initial design of 
                the accountability mechanism.</DELETED>

<DELETED>SEC. 7. PROJECTS AND GRANTS.</DELETED>

<DELETED>    (a) Project Funding Requirements.--</DELETED>
        <DELETED>    (1) In general.--The Foundation shall--</DELETED>
                <DELETED>    (A) fund eligible projects that support 
                its mission to provide long-term funding for the 
                effective management of protected and conserved areas 
                and their contiguous buffer zones in eligible 
                countries; and</DELETED>
                <DELETED>    (B) recognize the importance of a 
                landscape or seascape approach to conservation that 
                includes buffer zones, wildlife dispersal and corridor 
                areas, and other effective area-based conservation 
                measures.</DELETED>
        <DELETED>    (2) Eligible projects.--Eligible projects shall 
        include projects that--</DELETED>
                <DELETED>    (A) focus on supporting--</DELETED>
                        <DELETED>    (i) long-term management of 
                        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</DELETED>
                        <DELETED>    (ii) other effective area-based 
                        conservation measures;</DELETED>
                <DELETED>    (B) are cost-matched from sources other 
                than the United States Government;</DELETED>
                <DELETED>    (C) have host country and local population 
                support, as evidenced by a long-term binding memorandum 
                of understanding signed by the host government that 
                respects free, prior, and informed consent of affected 
                communities;</DELETED>
                <DELETED>    (D) incorporate a set of key performance 
                indicators;</DELETED>
                <DELETED>    (E) demonstrate robust local community 
                engagement, with the completion of appropriate 
                environmental and social due diligence, including--
                </DELETED>
                        <DELETED>    (i) free, prior, and informed 
                        consent of Indigenous Peoples and consultation 
                        with relevant local communities;</DELETED>
                        <DELETED>    (ii) equitable governance 
                        structures; and</DELETED>
                        <DELETED>    (iii) effective grievance 
                        mechanisms;</DELETED>
                <DELETED>    (F) create economic opportunities for 
                local communities, through activities such as--
                </DELETED>
                        <DELETED>    (i) equity and profit-
                        sharing;</DELETED>
                        <DELETED>    (ii) employment activities; 
                        and</DELETED>
                        <DELETED>    (iii) other economic growth 
                        activities;</DELETED>
                <DELETED>    (G) provide stable baseline funding for 
                the effective management of the protected or conserved 
                area project;</DELETED>
                <DELETED>    (H) are implementation ready; 
                and</DELETED>
                <DELETED>    (I) where possible, demonstrate a plan to 
                strengthen the capacity of, and transfer skills to, 
                local institutions to manage the protected or conserved 
                area before or after grant funding is 
                exhausted.</DELETED>
<DELETED>    (b) Eligible Countries.--</DELETED>
        <DELETED>    (1) In general.--Before awarding any grants or 
        entering into any project agreements for a given fiscal year, 
        the Board shall conduct a review of countries in which the 
        Foundation shall be eligible to fund projects to determine 
        which countries--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) have--</DELETED>
                        <DELETED>    (i) a high degree of biological 
                        diversity; or</DELETED>
                        <DELETED>    (ii) species or ecosystems of 
                        significant importance; and</DELETED>
                <DELETED>    (C) have demonstrated a commitment to 
                conservation through actions, such as protecting lands 
                and waters through the gazettement of national parks, 
                community conservancies, marine reserves and protected 
                areas, forest reserves, and other legally recognized 
                forms of place-based conservation.</DELETED>
        <DELETED>    (2) Identification of eligible countries.--Not 
        later than 5 days after the date on which the Board determines 
        which countries are eligible countries for a given fiscal year, 
        the Executive Director shall--</DELETED>
                <DELETED>    (A) submit a report to the appropriate 
                congressional committees that includes--</DELETED>
                        <DELETED>    (i) a list of all such eligible 
                        countries; and</DELETED>
                        <DELETED>    (ii) a justification for such 
                        eligibility determinations; and</DELETED>
                <DELETED>    (B) publish the information contained in 
                the report described in paragraph (A) in the Federal 
                Register.</DELETED>
<DELETED>    (c) Grantmaking.--</DELETED>
        <DELETED>    (1) In general.--In order to maximize its program 
        effects, the Foundation should--</DELETED>
                <DELETED>    (A) seek to coordinate with other 
                international public and private donors to the extent 
                possible;</DELETED>
                <DELETED>    (B) seek additional financial and 
                nonfinancial contributions and commitments for its 
                projects from host governments; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Grant criteria.--Foundation grants--</DELETED>
                <DELETED>    (A) shall fund the management of well-
                defined protected or conserved areas and the systems of 
                such conservation areas in eligible 
                countries;</DELETED>
                <DELETED>    (B) should provide adequate baseline 
                funding for at least 10 years, without replacing or 
                duplicating existing baseline funding, for each 
                protected and conserved area and the system that 
                supports that area in an amount sufficient to maintain 
                the effective management of the area over the long 
                term;</DELETED>
                <DELETED>    (C) should, during the grant period, 
                demonstrate progress in achieving clearly identified 
                key performance indicators (as defined in the grant 
                agreement), which may include--</DELETED>
                        <DELETED>    (i) the protection of biological 
                        diversity;</DELETED>
                        <DELETED>    (ii) the protection of native 
                        flora and habitats, such as trees, forests, 
                        grasslands, mangroves, coral reefs, and sea 
                        grass;</DELETED>
                        <DELETED>    (iii) community-based economic 
                        growth indicators, such as improved land 
                        tenure, increases in beneficiaries 
                        participating in economic growth activities, 
                        and sufficient income from conservation 
                        activities being directed to communities in 
                        project areas;</DELETED>
                        <DELETED>    (iv) improved management of the 
                        protected or conserved area covered by the 
                        project, as documented through the submission 
                        of strategic plans or annual reports to the 
                        Foundation; and</DELETED>
                        <DELETED>    (v) the identification of 
                        additional revenue sources or sustainable 
                        financing mechanisms to meet the recurring 
                        costs of management of the protected or 
                        conserved areas; and</DELETED>
                <DELETED>    (D) may be terminated if the Board 
                determines that the project is not meeting applicable 
                requirements under this Act or making progress in 
                achieving the key performance indicators defined in the 
                grant agreement.</DELETED>

<DELETED>SEC. 8. PROHIBITION OF SUPPORT IN COUNTRIES THAT SUPPORT 
              TERRORISM OR VIOLATE HUMAN RIGHTS AND OF SUPPORT FOR 
              SANCTIONED PERSONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) has repeatedly provided support for acts of 
        international terrorism, as determined under--</DELETED>
                <DELETED>    (A) section 1754(c)(1)(A)(i) of the Export 
                Control Reform Act of 2018 (subtitle B of title XVII of 
                Public Law 115-232);</DELETED>
                <DELETED>    (B) section 620A(a) of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2371(a));</DELETED>
                <DELETED>    (C) section 40(d) of the Arms Export 
                Control Act (22 U.S.C. 2780(d)); or</DELETED>
                <DELETED>    (D) any other relevant provision of law; 
                or</DELETED>
        <DELETED>    (2) has engaged in a consistent pattern of gross 
        violations of internationally recognized human rights, as 
        determined under 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 9. ANNUAL REPORT.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) the goals of the Foundation;</DELETED>
        <DELETED>    (2) the programs, projects, and activities 
        supported by the Foundation;</DELETED>
        <DELETED>    (3) private and governmental contributions to the 
        Foundation; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There are authorized to be appropriated 
to the Foundation $100,000,000 for each of the fiscal years 2024 
through 2033 to carry out the purposes of this Act.</DELETED>
<DELETED>    (b) Cost Matching Requirement.--Amounts appropriated 
pursuant to subsection (a) may only be made available to grantees to 
the extent such grantees secure funding for an eligible project from 
sources other than the United States Government in an amount that is 
not less than the amount received in grants for such project pursuant 
to section 7.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States 
Foundation for International Conservation Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. United States Foundation for International Conservation.
Sec. 4. Governance of the Foundation.
Sec. 5. Corporate powers and obligations of the Foundation.
Sec. 6. Safeguards and accountability.
Sec. 7. Projects and grants.
Sec. 8. Prohibition of support for certain governments.
Sec. 9. Annual report.
Sec. 10. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (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 4(a).
            (3) Eligible country.--The term ``eligible country'' means 
        any country described in section 7(b).
            (4) Eligible project.--The term ``eligible project'' means 
        any project described in section 7(a)(2).
            (5) Executive director.--The term ``Executive Director'' 
        means the Executive Director of the Foundation hired pursuant 
        to section 4(b).
            (6) Foundation.--The term ``Foundation'' means the United 
        States Foundation for International Conservation established 
        pursuant to section 3(a).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

SEC. 3. 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 
        (referred to in this Act as the ``Foundation''), 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 
                4(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 Act, 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 Act, 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. 4. GOVERNANCE OF THE FOUNDATION.

    (a) Executive Director.--There shall be in the Foundation an 
Executive Director, who--
            (1) shall manage the Foundation; and
            (2) shall 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 Act; 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 3(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 7;
                            (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. 5. 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, DC, metropolitan area; and
                    (C) shall continuously maintain a designated agent 
                in Washington, DC, 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 Act, the Foundation, in order to carry out the purposes described 
in section 3(b), shall have the usual powers of a corporation 
headquartered in Washington, DC, 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 7.
    (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. 6. 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 3(b) to ensure consistency with 
the provisions under section 620M of Foreign Assistance Act of 1961 (22 
U.S.C. 2378d).

SEC. 7. 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 8; 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 Act;
                    (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 3(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 8.
            (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 Act 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 Act; or
                            (ii) making progress in achieving the key 
                        performance indicators defined in the grant 
                        agreement.

SEC. 8. 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. 9. 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. 10. 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 
Act--
            (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 7.
    (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 7 may 
not be used for any activity intended to influence legislation pending 
before the Congress of the United States.
                                                       Calendar No. 368

118th CONGRESS

  2d Session

                                 S. 618

_______________________________________________________________________

                                 A BILL

      To establish the United States Foundation for International 
Conservation to promote long-term management of protected and conserved 
                     areas, and for other purposes.

_______________________________________________________________________

                              May 7, 2024

                       Reported with an amendment
```