II 

115TH CONGRESS 

1ST SESSION S. 1023 

To reauthorize the Tropical Forest Conservation Act of 1998 through fiscal 

year 2021, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2017 

Mr. PORTMAN (for himself, Mr. BURR, Mr. WHITEHOUSE, Mr. UDALL, and 

Mr. SCHATZ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Tropical Forest Conservation Reauthorization Act of 

6 2017’’. 

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

8 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 forests and coral reefs. 

Sec. 4. Change to name of facility. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 1023 IS

Sec. 5. Eligibility for benefits. 

Sec. 6. United States Government representation on oversight bodies for grants 

from debt-for-nature swaps and debt buybacks. 

Sec. 7. Conservation agreements. 

Sec. 8. Conservation Fund. 

Sec. 9. Repeal of authority of the Enterprise for the Americas Board to carry 

out activities under the Tropical Forest Conservation Authorization Act of 1998. 

Sec. 10. Changes to due dates of annual reports to Congress. 

Sec. 11. Changes to International Monetary Fund criterion for country eligibility. 

Sec. 12. New authorization of appropriations for the reduction of debt and authorization for audit, evaluation, monitoring, and administration expenses. 

1 SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOM2 PASS MODIFIED SCOPE. 

3 (a) IN GENERAL.—Section 801 of the Tropical For4 est Conservation Act of 1998 (Public Law 87–195; 22 

5 U.S.C. 2151 note) is amended by striking ‘‘Tropical For6 est Conservation Act of 1998’’ and inserting ‘‘Tropical 

7 Forest Conservation Reauthorization Act of 2017’’. 

8 (b) REFERENCES.—Any reference in any other provi9 sion of law, regulation, document, paper, or other record 

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

11 Act of 1998’’ shall be deemed to be a reference to the 

12 ‘‘Tropical Forest Conservation Reauthorization Act of 

13 2017’’. 

14 SEC. 3. PROTECTION OF FORESTS AND CORAL REEFS. 

15 (a) IN GENERAL.—Section 802 of the Tropical For16 est Conservation Reauthorization Act of 2017 (22 U.S.C. 

17 2431), as renamed by section 2(a), is amended— 

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

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


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 1023 IS

1 it appears and inserting ‘‘tropical forests, non-trop2 ical forests, and coral reef ecosystems’’; 

3 (2) in subsection (a)(2)(C), by striking ‘‘far4 flung’’; 

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

6 forests is critical to the protection of tropical for7 ests’’ and inserting ‘‘tropical forests, non-tropical 

8 forests, and coral reef ecosystems is critical to the 

9 protection of such areas’’; and 

10 (4) in subsection (b)(2)— 

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

12 place it appears and inserting ‘‘tropical forests, 

13 non-tropical forests, and coral ecosystems’’; 

14 (B) by striking ‘‘tropical forests’’ the sec15 ond place it appears and inserting ‘‘areas’’; and 

16 (C) by striking ‘‘tropical forests’’ the third 

17 place it appears and inserting ‘‘tropical forests, 

18 non-tropical forests, and coral reef ecosystems’’. 

19 (b) AMENDMENTS RELATED TO DEFINITIONS.—Sec20 tion 803 of such Act (22 U.S.C. 2431a) is amended— 

21 (1) in paragraph (5)— 

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

23 FOREST’’ and inserting ‘‘TROPICAL FOREST, 

24 NON-TROPICAL FOREST, OR CORAL REEF’’; 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 1023 IS

1 (B) in the matter preceding subparagraph 

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

3 ‘‘tropical forest, non-tropical forest, or coral 

4 reef’’; and 

5 (C) in subparagraph (B)— 

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

7 inserting ‘‘tropical forest, non-tropical for8 est, or coral reef’’; and 

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

10 inserting ‘‘tropical forests, non-tropical for11 ests, or coral reefs’’; and 

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

13 paragraphs: 

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

15 of the phylum Cnidaria, including— 

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

17 (black corals), Scleractinia (stony corals), 

18 Alcyonacea (soft corals), Gorgonacea (horny 

19 corals), Stolonifera (organpipe corals and oth20 ers), and Coenothecalia (blue coral), of the class 

21 Anthoza; and 

22 ‘‘(B) all species of the order 

23 Hydrocorallina (fire corals and hydrocorals) of 

24 the class Hydrozoa. 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 1023 IS

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

2 means any reef or shoal composed primarily of coral. 

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

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

5 coastal marine ecosystem surrounding, or directly re6 lated to, a coral reef and important to maintaining 

7 the ecological integrity of that coral reef, such as 

8 seagrasses, mangroves, sandy seabed communities, 

9 and immediately adjacent coastal areas.’’. 

10 SEC. 4. CHANGE TO NAME OF FACILITY. 

11 (a) IN GENERAL.—Section 804 of the Tropical For12 est Conservation Reauthorization Act of 2017 (22 U.S.C. 

13 2431b), as renamed by section 2(a), is amended by strik14 ing ‘‘Tropical Forest Facility’’ and inserting ‘‘Conserva15 tion Facility’’. 

16 (b) CONFORMING AMENDMENTS TO DEFINITIONS.— 

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

18 amended— 

19 (1) in the heading, by striking ‘‘TROPICAL FOR20 EST FACILITY’’ and inserting ‘‘CONSERVATION FA21 CILITY’’; and 

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

23 places it appears and inserting ‘‘Conservation Facil24 ity’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 1023 IS

1 (c) REFERENCES.—Any reference in any other provi2 sion of law, regulation, document, paper, or other record 

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

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

5 Facility’’. 

6 SEC. 5. ELIGIBILITY FOR BENEFITS. 

7 Section 805(a) of the Tropical Forest Conservation 

8 Reauthorization Act of 2017 (22 U.S.C. 2431c(a)), as re9 named by section 2(a), is amended by striking ‘‘tropical 

10 forest’’ and inserting ‘‘tropical forest, non-tropical forest, 

11 or coral reef’’. 

12 SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION 

13 ON OVERSIGHT BODIES FOR GRANTS FROM 

14 DEBT-FOR-NATURE SWAPS AND DEBT 

15 BUYBACKS. 

16 Section 808(a)(5) of the Tropical Forest Conserva17 tion Reauthorization Act of 2017 (22 U.S.C. 2431f(a)(5)), 

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

19 end the following new subparagraph: 

20 ‘‘(C) UNITED STATES GOVERNMENT REP21 RESENTATION ON THE ADMINISTERING

22 BODY.—One or more individuals appointed by 

23 the United States Government may serve in an 

24 official capacity on the administering body that 

25 oversees the implementation of grants arising 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•S 1023 IS

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

2 regardless of whether the United States is a 

3 party to any agreement between the eligible 

4 purchaser and the government of the bene5 ficiary country.’’. 

6 SEC. 7. CONSERVATION AGREEMENTS. 

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

8 the Tropical Forest Conservation Reauthorization Act of 

9 2017 (22 U.S.C. 2431g), as renamed by section 2(a), is 

10 amended— 

11 (1) in the section heading, by striking ‘‘TROP12 ICAL FOREST AGREEMENT’’ and inserting ‘‘CON13 SERVATION AGREEMENT’’; and 

14 (2) in subsection (a)— 

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

16 follows through ‘‘(1) IN GENERAL.—The Sec17 retary’’ and inserting ‘‘AUTHORITY.—The Sec18 retary’’; and 

19 (B) by striking ‘‘Tropical Forest Agree20 ment’’ and inserting ‘‘Conservation Agree21 ment’’. 

22 (b) ELIMINATION OF REQUIREMENT TO CONSULT

23 WITH THE ENTERPRISE FOR THE AMERICAS BOARD.— 

24 Such subsection is further amended by striking paragraph 

25 (2). 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•S 1023 IS

1 (c) ROLE OF BENEFICIARY COUNTRIES.—Such sec2 tion is further amended— 

3 (1) in subsection (e)(1)(C), by striking ‘‘in ex4 ceptional circumstances, the government of the bene5 ficiary country’’ and inserting ‘‘in limited cir6 cumstances, the government of the beneficiary coun7 try when needed to improve governance and enhance 

8 management of tropical forests, non-tropical forests, 

9 or coral reef ecosystems, without replacing existing 

10 levels of financial efforts by the government of the 

11 beneficiary country and with priority given to 

12 projects that complement grants made under sub13 paragraphs (A) and (B)’’; and 

14 (2) by amending subsection (f) to read as fol15 lows: 

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

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

18 the Government of the United States and the government 

19 of the beneficiary country.’’. 

20 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 Such section is further amended— 

22 (1) in subsection (c)(2)(A)(i), by inserting ‘‘to 

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

24 and 

25 (2) in subsection (d)— 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•S 1023 IS

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

2 by striking ‘‘tropical forests’’ and inserting 

3 ‘‘tropical forests, non-tropical forests, and coral 

4 reef ecosystems’’; 

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

6 forest’’; and 

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

8 or near a tropical forest in a manner consistent 

9 with protecting such tropical forest’’ and insert10 ing ‘‘dependent on a tropical forest, non-trop11 ical forest, or coral reef ecosystem and related 

12 resources in a manner consistent with con13 serving such resources’’. 

14 (e) CONFORMING AMENDMENTS TO DEFINITIONS.— 

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

16 amended— 

17 (1) in the heading, by striking ‘‘TROPICAL FOR18 EST AGREEMENT’’ and inserting ‘‘CONSERVATION

19 AGREEMENT’’; and 

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

21 both places it appears and inserting ‘‘Conservation 

22 Agreement’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

•S 1023 IS

1 SEC. 8. CONSERVATION FUND. 

2 (a) IN GENERAL.—Section 810 of the Tropical For3 est Conservation Reauthorization Act of 2017 (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 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•S 1023 IS

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. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR 

5 THE AMERICAS BOARD TO CARRY OUT AC6 TIVITIES UNDER THE TROPICAL FOREST 

7 CONSERVATION AUTHORIZATION ACT OF 

8 1998. 

9 (a) IN GENERAL.—Section 811 of the Tropical For10 est Conservation Reauthorization Act of 2017 (22 U.S.C. 

11 2431i), as renamed by section 2(a), is repealed. 

12 (b) CONFORMING AMENDMENTS.—Section 803 of 

13 such Act (22 U.S.C. 2431a) is amended— 

14 (1) by striking paragraph (4); and 

15 (2) by redesignating paragraphs (5), (6), (7), 

16 (8), and (9) as paragraphs (4), (5), (6), (7), and 

17 (8), respectively. 

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

19 CONGRESS. 

20 Section 813 of the Tropical Forest Conservation Re21 authorization Act of 2017 (22 U.S.C. 2431k), as renamed 

22 by section 2(a), is amended— 

23 (1) in subsection (a)— 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•S 1023 IS

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

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

3 later than April 15’’; and 

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

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

6 (2) by striking subsection (b). 

7 SEC. 11. CHANGES TO INTERNATIONAL MONETARY FUND 

8 CRITERION FOR COUNTRY ELIGIBILITY. 

9 Section 703(a)(5) of the Foreign Assistance Act of 

10 1961 (22 U.S.C. 2430b(a)(5)) is amended— 

11 (1) by striking ‘‘or, as appropriate in excep12 tional circumstances,’’ and inserting ‘‘or’’; 

13 (2) in subparagraph (A)— 

14 (A) by striking ‘‘or in exceptional cir15 cumstances, a Fund monitored program or its 

16 equivalent,’’ and inserting ‘‘or a Fund mon17 itored program, or is implementing sound mac18 roeconomic policies,’’; and 

19 (B) by striking ‘‘(after consultation with 

20 the Enterprise for the Americas Board)’’; and 

21 (3) in subparagraph (B), by striking ‘‘(after 

22 consultation with the Enterprise for Americas 

23 Board)’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
13 

•S 1023 IS

1 SEC. 12. NEW AUTHORIZATION OF APPROPRIATIONS FOR 

2 THE REDUCTION OF DEBT AND AUTHORIZA3 TION FOR AUDIT, EVALUATION, MONITORING, 

4 AND ADMINISTRATION EXPENSES. 

5 Section 806 of the Tropical Forest Conservation Re6 authorization Act of 2017 (22 U.S.C. 2431d), as renamed 

7 by section 2(a), is amended— 

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

9 following new paragraphs: 

10 ‘‘(7) $20,000,000 for fiscal year 2018. 

11 ‘‘(8) $20,000,000 for fiscal year 2019. 

12 ‘‘(9) $20,000,000 for fiscal year 2020. 

13 ‘‘(10) $20,000,000 for fiscal year 2021.’’; and 

14 (2) by amending subsection (e) to read as fol15 lows: 

16 ‘‘(e) USE OF FUNDS TO CONDUCT PROGRAM AU17 DITS, EVALUATIONS, MONITORING, AND ADMINISTRA18 TION.—Of the amounts made available to carry out this 

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

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

21 administration of programs under this part, including per22 sonnel costs associated with such audits, evaluations, mon23 itoring and administration.’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS