115TH CONGRESS 

2D SESSION S. 1023 

AN ACT 

To reauthorize the Tropical Forest Conservation Act of 1998 

through fiscal year 2021, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Tropical Forest Conservation Reauthorization Act of 

4 2018’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 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. 

7 SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOM8 PASS MODIFIED SCOPE. 

9 (a) IN GENERAL.—Section 801 of the Tropical For10 est Conservation Act of 1998 (part V of Public Law 87– 

11 195; 22 U.S.C. 2151 note) is amended by striking ‘‘Trop12 ical Forest Conservation Act of 1998’’ and inserting 

13 ‘‘Tropical Forest and Coral Reef Conservation Act of 

14 1998’’. 

15 (b) REFERENCES.—Any reference in any other provi16 sion of law, regulation, document, paper, or other record 

17 of the United States to the ‘‘Tropical Forest Conservation 

18 Act of 1998’’ shall be deemed to be a reference to the 
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1 ‘‘Tropical Forest and Coral Reef Conservation Act of 

2 1998’’. 

3 SEC. 3. PROTECTION OF TROPICAL FORESTS AND CORAL 

4 REEFS. 

5 (a) IN GENERAL.—Section 802 of the Tropical For6 est and Coral Reef Conservation Act of 1998 (22 U.S.C. 

7 2431), as renamed by section 2(a), is amended— 

8 (1) in subsections (a)(1), (a)(6), (b)(1), (b)(3), 

9 and (b)(4), by striking ‘‘tropical forests’’ each place 

10 it appears and inserting ‘‘tropical forests and coral 

11 reef ecosystems’’; 

12 (2) in subsection (a)(2)(C), by striking ‘‘far13 flung’’; 

14 (3) in subsection (a)(7), by striking ‘‘tropical 

15 forests is critical to the protection of tropical for16 ests’’ and inserting ‘‘tropical forests and coral reef 

17 ecosystems is critical to the protection of such 

18 areas’’; and 

19 (4) in subsection (b)(2)— 

20 (A) by striking ‘‘tropical forests’’ the first 

21 place it appears and inserting ‘‘tropical forests 

22 and coral ecosystems’’; 

23 (B) by striking ‘‘tropical forests’’ the sec24 ond place it appears and inserting ‘‘areas’’; and 
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1 (C) by striking ‘‘tropical forests’’ the third 

2 place it appears and inserting ‘‘tropical forests 

3 and coral reef ecosystems’’. 

4 (b) AMENDMENTS RELATED TO DEFINITIONS.—Sec5 tion 803 of such Act (22 U.S.C. 2431a) is amended— 

6 (1) in paragraph (5)— 

7 (A) in the heading, by striking ‘‘TROPICAL

8 FOREST’’ and inserting ‘‘TROPICAL FOREST OR

9 CORAL REEF’’; 

10 (B) in the matter preceding subparagraph 

11 (A), by striking ‘‘tropical forest’’ and inserting 

12 ‘‘tropical forest or coral reef’’; and 

13 (C) in subparagraph (B)— 

14 (i) by striking ‘‘tropical forest’’ and 

15 inserting ‘‘tropical forest or coral reef’’; 

16 and 

17 (ii) by striking ‘‘tropical forests’’ and 

18 inserting ‘‘tropical forests or coral reefs’’; 

19 and 

20 (2) by adding at the end the following new 

21 paragraphs: 

22 ‘‘(10) CORAL.—The term ‘coral’ means species 

23 of the phylum Cnidaria, including— 

24 ‘‘(A) all species of the orders Antipatharia 

25 (black corals), Scleractinia (stony corals), 
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1 Alcyonacea (soft corals), Gorgonacea (horny 

2 corals), Stolonifera (organpipe corals and oth3 ers), and Coenothecalia (blue coral), of the class 

4 Anthoza; and 

5 ‘‘(B) all species of the order 

6 Hydrocorallina (fire corals and hydrocorals) of 

7 the class Hydrozoa. 

8 ‘‘(11) CORAL REEF.—The term ‘coral reef’ 

9 means any reef or shoal composed primarily of coral. 

10 ‘‘(12) CORAL REEF ECOSYSTEM.—The term 

11 ‘coral reef ecosystem’ means any coral reef and any 

12 coastal marine ecosystem surrounding, or directly re13 lated to, a coral reef and important to maintaining 

14 the ecological integrity of that coral reef, such as 

15 seagrasses, mangroves, sandy seabed communities, 

16 and immediately adjacent coastal areas.’’. 

17 SEC. 4. CHANGE TO NAME OF FACILITY. 

18 (a) IN GENERAL.—Section 804 of the Tropical For19 est and Coral Reef Conservation Act of 1998 (22 U.S.C. 

20 2431b), as renamed by section 2(a), is amended by strik21 ing ‘‘Tropical Forest Facility’’ and inserting ‘‘Conserva22 tion Facility’’. 

23 (b) CONFORMING AMENDMENTS TO DEFINITIONS.— 

24 Section 803(8) of such Act (22 U.S.C. 2431a(8)) is 

25 amended— 
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1 (1) in the heading, by striking ‘‘TROPICAL FOR2 EST FACILITY’’ and inserting ‘‘CONSERVATION FA3 CILITY’’; and 

4 (2) by striking ‘‘Tropical Forest Facility’’ both 

5 places it appears and inserting ‘‘Conservation Facil6 ity’’. 

7 (c) REFERENCES.—Any reference in any other provi8 sion of law, regulation, document, paper, or other record 

9 of the United States to the ‘‘Tropical Forest Facility’’ 

10 shall be deemed to be a reference to the ‘‘Conservation 

11 Facility’’. 

12 SEC. 5. ELIGIBILITY FOR BENEFITS. 

13 Section 805(a) of the Tropical Forest and Coral Reef 

14 Conservation Act of 1998 (22 U.S.C. 2431c(a)), as re15 named by section 2(a), is amended— 

16 (1) by striking ‘‘tropical forest’’ and inserting 

17 ‘‘tropical forest or coral reef’’; 

18 (2) by redesignating paragraph (2) as para19 graph (7); and 

20 (3) by striking paragraph (1) and inserting the 

21 following new paragraphs: 

22 ‘‘(1) whose government is democratically elect23 ed; 

24 ‘‘(2) whose government has not repeatedly pro25 vided support for acts of international terrorism; 
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1 ‘‘(3) whose government is not failing to cooper2 ate on international narcotics control matters; 

3 ‘‘(4) whose government (including its military 

4 or other security forces) does not engage in a con5 sistent pattern of gross violations of internationally 

6 recognized human rights; 

7 ‘‘(5) that has in effect, has received approval 

8 for, or is making significant progress toward— 

9 ‘‘(A) an International Monetary Fund 

10 standby arrangement, extended Fund arrange11 ment, or an arrangement under the structural 

12 adjustment facility or enhanced structural ad13 justment facility, or a Fund monitored pro14 gram, or is implementing sound macroeconomic 

15 policies, unless the President determines that 

16 such an arrangement or program could reason17 ably be expected to have significant adverse so18 cial or environmental effect; and 

19 ‘‘(B) as appropriate, structural or sectoral 

20 adjustment loans from the International Bank 

21 for Reconstruction and Development or the 

22 International Development Association, unless 

23 the President determines that the resulting ad24 justment requirements could reasonably be ex-
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1 pected to have significant adverse social or envi2 ronmental effects; 

3 ‘‘(6) if appropriate, has agreed with its com4 mercial bank lenders on a satisfactory financing pro5 gram, including, as appropriate, debt or debt service 

6 reduction; and’’. 

7 SEC. 6. REDUCTION OF DEBT OWED TO THE UNITED 

8 STATES AS A RESULT OF CREDITS EXTENDED 

9 UNDER TITLE I OF FOOD FOR PEACE ACT. 

10 Section 807(a)(1) of the Tropical Forest and Coral 

11 Reef Conservation Act of 1998 (22 U.S.C. 2431e(a)(1)), 

12 as renamed by section 2(a), is amended by striking ‘‘out13 standing as of January 1, 1998,’’ and inserting ‘‘out14 standing as of the date of the enactment of the Tropical 

15 Forest Conservation Reauthorization Act of 2018’’. 

16 SEC. 7. UNITED STATES GOVERNMENT REPRESENTATION 

17 ON OVERSIGHT BODIES FOR GRANTS FROM 

18 DEBT-FOR-NATURE SWAPS AND DEBT 

19 BUYBACKS. 

20 Section 808(a)(5) of the Tropical Forest and Coral 

21 Reef Conservation Act of 1998 (22 U.S.C. 2431f(a)(5)), 

22 as renamed by section 2(a), is amended by adding at the 

23 end the following new subparagraph: 

24 ‘‘(C) UNITED STATES GOVERNMENT REP25 RESENTATION ON THE ADMINISTERING
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1 BODY.—One or more individuals appointed by 

2 the United States Government shall serve in an 

3 official capacity on the administering body that 

4 oversees the implementation of grants arising 

5 from a debt-for-nature swap or debt buyback 

6 regardless of whether the United States is a 

7 party to any agreement between the eligible 

8 purchaser and the government of the bene9 ficiary country.’’. 

10 SEC. 8. CONSERVATION AGREEMENTS. 

11 (a) RENAMING OF AGREEMENTS.—Section 809 of 

12 the Tropical Forest and Coral Reef Conservation Act of 

13 1998 (22 U.S.C. 2431g), as renamed by section 2(a), is 

14 amended— 

15 (1) in the section heading, by striking ‘‘TROP16 ICAL FOREST AGREEMENT’’ and inserting ‘‘CON17 SERVATION AGREEMENT’’; and 

18 (2) in subsection (a)— 

19 (A) by striking ‘‘AUTHORITY’’ and all that 

20 follows through ‘‘(1) IN GENERAL.—The Sec21 retary’’ and inserting ‘‘AUTHORITY.—The Sec22 retary’’; and 

23 (B) by striking ‘‘Tropical Forest Agree24 ment’’ and inserting ‘‘Conservation Agree25 ment’’. 
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1 (b) ELIMINATION OF REQUIREMENT TO CONSULT

2 WITH THE ENTERPRISE FOR THE AMERICAS BOARD.— 

3 Such subsection is further amended by striking paragraph 

4 (2). 

5 (c) ROLE OF BENEFICIARY COUNTRIES.—Such sec6 tion is further amended— 

7 (1) in subsection (e)(1)(C), by striking ‘‘in ex8 ceptional circumstances, the government of the bene9 ficiary country’’ and inserting ‘‘in limited cir10 cumstances, the government of the beneficiary coun11 try when needed to improve governance and enhance 

12 management of tropical forests or coral reef eco13 systems, without replacing existing levels of financial 

14 efforts by the government of the beneficiary country 

15 and with priority given to projects that complement 

16 grants made under subparagraphs (A) and (B)’’; 

17 and 

18 (2) by amending subsection (f) to read as fol19 lows: 

20 ‘‘(f) REVIEW OF LARGER GRANTS.—Any grant of 

21 more than $250,000 from a Fund must be approved by 

22 the Government of the United States and the government 

23 of the beneficiary country.’’. 

24 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

25 Such section is further amended— 
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1 (1) in subsection (c)(2)(A)(i), by inserting ‘‘to 

2 serve in an official capacity’’ after ‘‘Government’’; 

3 and 

4 (2) in subsection (d)— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘tropical forests’’ and inserting 

7 ‘‘tropical forests and coral reef ecosystems’’; 

8 (B) in paragraph (5), by striking ‘‘tropical 

9 forest’’; and 

10 (C) in paragraph (6), by striking ‘‘living in 

11 or near a tropical forest in a manner consistent 

12 with protecting such tropical forest’’ and insert13 ing ‘‘dependent on a tropical forest or coral reef 

14 ecosystem and related resources in a manner 

15 consistent with conserving such resources’’. 

16 (e) CONFORMING AMENDMENTS TO DEFINITIONS.— 

17 Section 803(7) of such Act (22 U.S.C. 2431a(7)) is 

18 amended— 

19 (1) in the heading, by striking ‘‘TROPICAL FOR20 EST AGREEMENT’’ and inserting ‘‘CONSERVATION

21 AGREEMENT’’; and 

22 (2) by striking ‘‘Tropical Forest Agreement’’ 

23 both places it appears and inserting ‘‘Conservation 

24 Agreement’’. 
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1 SEC. 9. CONSERVATION FUND. 

2 (a) IN GENERAL.—Section 810 of the Tropical For3 est and Coral Reef Conservation Act of 1998 (22 U.S.C. 

4 2431h), as renamed by section 2(a), is amended— 

5 (1) in the section heading, by striking ‘‘TROP6 ICAL FOREST FUND’’ and inserting ‘‘CONSERVA7 TION FUND’’; and 

8 (2) in subsection (a)— 

9 (A) by striking ‘‘Tropical Forest Agree10 ment’’ and inserting ‘‘Conservation Agree11 ment’’; and 

12 (B) by striking ‘‘Tropical Forest Fund’’ 

13 and inserting ‘‘Conservation Fund’’. 

14 (b) CONFORMING AMENDMENTS TO DEFINITIONS.— 

15 Such Act is further amended— 

16 (1) in section 803(9) (22 U.S.C. 2431a(9))— 

17 (A) in the heading, by striking ‘‘TROPICAL

18 FOREST FUND’’ and inserting ‘‘CONSERVATION

19 FUND’’; and 

20 (B) by striking ‘‘Tropical Forest Fund’’ 

21 both places it appears and inserting ‘‘Conserva22 tion Fund’’; 

23 (2) in section 806(c)(2) (22 U.S.C. 

24 2431d(c)(2)), by striking ‘‘Tropical Forest Fund’’ 

25 and inserting ‘‘Conservation Fund’’; and 
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1 (3) in section 807(c)(2) (22 U.S.C. 

2 2431e(c)(2)), by striking ‘‘Tropical Forest Fund’’ 

3 and inserting ‘‘Conservation Fund’’. 

4 SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO 

5 CONGRESS. 

6 Section 813 of the Tropical Forest and Coral Reef 

7 Conservation Act of 1998 (22 U.S.C. 2431k), as renamed 

8 by section 2(a), is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘(a) IN GENERAL.—Not 

11 later than December 31’’ and inserting ‘‘Not 

12 later than April 15’’; and 

13 (B) by striking ‘‘fiscal year’’ both places it 

14 appears and inserting ‘‘calendar year’’; and 

15 (2) by striking subsection (b). 

16 SEC. 11. NEW AUTHORIZATION OF APPROPRIATIONS FOR 

17 THE REDUCTION OF DEBT AND AUTHORIZA18 TION FOR AUDIT, EVALUATION, MONITORING, 

19 AND ADMINISTRATION EXPENSES. 

20 Section 806 of the Tropical Forest and Coral Reef 

21 Conservation Act of 1998 (22 U.S.C. 2431d), as renamed 

22 by section 2(a), is amended— 

23 (1) in subsection (d), by adding at the end the 

24 following new paragraphs: 

25 ‘‘(7) $20,000,000 for fiscal year 2019. 
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1 ‘‘(8) $20,000,000 for fiscal year 2020.’’; and 

2 (2) by amending subsection (e) to read as fol3 lows: 

4 ‘‘(e) USE OF FUNDS TO CONDUCT PROGRAM AU5 DITS, EVALUATIONS, MONITORING, AND ADMINISTRA6 TION.—Of the amounts made available to carry out this 

7 part for a fiscal year, $300,000 is authorized to be made 

8 available to carry out audits, evaluations, monitoring, and 

9 administration of programs under this part, including per10 sonnel costs associated with such audits, evaluations, mon11 itoring and administration.’’. 

Passed the Senate December 20 (legislative day, December 19), 2018. 

Attest: 

Secretary. 

115TH CONGRESS 

2D SESSION S. 1023 

AN ACT 

To reauthorize the Tropical Forest Conservation 

other purposes. Act of 1998 through fiscal year 2021, and for