An act to reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2021, and for other purposes
PL 115-440 (S.1023), enacted 01/14/2019

132 STAT. 5580 
PUBLIC LAW 115–440—JAN. 14, 2019 
Public Law 115–440 
115th Congress 
An Act 
To reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 
2021, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Tropical Forest 
Conservation Reauthorization Act of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment to short title of Act to encompass modified scope. 
Sec. 3. Protection of tropical forests and coral reefs. 
Sec. 4. Change to name of facility. 
Sec. 5. Eligibility for benefits. 
Sec. 6. Reduction of debt owed to the United States as a result of credits extended 
under title I of Food for Peace Act. 
Sec. 7. United States Government representation on oversight bodies for grants 
from debt-for-nature swaps and debt buybacks. 
Sec. 8. Conservation agreements. 
Sec. 9. Conservation Fund. 
Sec. 10. Changes to due dates of annual reports to Congress. 
Sec. 11. New authorization of appropriations for the reduction of debt and author-
ization for audit, evaluation, monitoring, and administration expenses. 
SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS MODI-
FIED SCOPE. 
(a) IN GENERAL.—Section 801 of the Tropical Forest Conserva-
tion Act of 1998 (part V of Public Law 87–195; 22 U.S.C. 2151 
note) is amended by striking ‘‘Tropical Forest Conservation Act 
of 1998’’ and inserting ‘‘Tropical Forest and Coral Reef Conservation 
Act of 1998’’. 
(b) REFERENCES.—Any reference in any other provision of law, 
regulation, document, paper, or other record of the United States 
to the ‘‘Tropical Forest Conservation Act of 1998’’ shall be deemed 
to be a reference to the ‘‘Tropical Forest and Coral Reef Conserva-
tion Act of 1998’’. 
SEC. 3. PROTECTION OF TROPICAL FORESTS AND CORAL REEFS. 
(a) IN GENERAL.—Section 802 of the Tropical Forest and Coral 
Reef Conservation Act of 1998 (22 U.S.C. 2431), as renamed by 
section 2(a), is amended— 
(1) in subsections (a)(1), (a)(6), (b)(1), (b)(3), and (b)(4), 
by striking ‘‘tropical forests’’ each place it appears and inserting 
‘‘tropical forests and coral reef ecosystems’’; 
(2) in subsection (a)(2)(C), by striking ‘‘far-flung’’; 
22 USC 2151 
note. 
Tropical Forest 
Conservation 
Reauthorization 
Act of 2018. 
22 USC 2151 
note. 
Jan. 14, 2019 
[S. 1023] 
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132 STAT. 5581 
PUBLIC LAW 115–440—JAN. 14, 2019 
(3) in subsection (a)(7), by striking ‘‘tropical forests is crit-
ical to the protection of tropical forests’’ and inserting ‘‘tropical 
forests and coral reef ecosystems is critical to the protection 
of such areas’’; and 
(4) in subsection (b)(2)— 
(A) by striking ‘‘tropical forests’’ the first place it 
appears and inserting ‘‘tropical forests and coral eco-
systems’’; 
(B) by striking ‘‘tropical forests’’ the second place it 
appears and inserting ‘‘areas’’; and 
(C) by striking ‘‘tropical forests’’ the third place it 
appears and inserting ‘‘tropical forests and coral reef eco-
systems’’. 
(b) AMENDMENTS RELATED
TO DEFINITIONS.—Section 803 of 
such Act (22 U.S.C. 2431a) is amended— 
(1) in paragraph (5)— 
(A) in the heading, by striking ‘‘TROPICAL FOREST’’ and 
inserting ‘‘TROPICAL FOREST OR CORAL REEF’’; 
(B) in the matter preceding subparagraph (A), by 
striking ‘‘tropical forest’’ and inserting ‘‘tropical forest or 
coral reef’’; and 
(C) in subparagraph (B)— 
(i) by striking ‘‘tropical forest’’ and inserting ‘‘trop-
ical forest or coral reef’’; and 
(ii) by striking ‘‘tropical forests’’ and inserting 
‘‘tropical forests or coral reefs’’; and 
(2) by adding at the end the following new paragraphs: 
‘‘(10) CORAL.—The term ‘coral’ means species of the phylum 
Cnidaria, including— 
‘‘(A) all species of the orders Antipatharia (black 
corals), Scleractinia (stony corals), Alcyonacea (soft corals), 
Gorgonacea (horny corals), Stolonifera (organpipe corals 
and others), and Coenothecalia (blue coral), of the class 
Anthoza; and 
‘‘(B) all species of the order Hydrocorallina (fire corals 
and hydrocorals) of the class Hydrozoa. 
‘‘(11) CORAL REEF.—The term ‘coral reef’ means any reef 
or shoal composed primarily of coral. 
‘‘(12) CORAL REEF ECOSYSTEM.—The term ‘coral reef eco-
system’ means any coral reef and any coastal marine ecosystem 
surrounding, or directly related to, a coral reef and important 
to maintaining the ecological integrity of that coral reef, such 
as seagrasses, mangroves, sandy seabed communities, and 
immediately adjacent coastal areas.’’. 
SEC. 4. CHANGE TO NAME OF FACILITY. 
(a) IN GENERAL.—Section 804 of the Tropical Forest and Coral 
Reef Conservation Act of 1998 (22 U.S.C. 2431b), as renamed by 
section 2(a), is amended by striking ‘‘Tropical Forest Facility’’ and 
inserting ‘‘Conservation Facility’’. 
(b) CONFORMING AMENDMENTS TO DEFINITIONS.—Section 803(8) 
of such Act (22 U.S.C. 2431a(8)) is amended— 
(1) in the heading, by striking ‘‘TROPICAL FOREST FACILITY’’ 
and inserting ‘‘CONSERVATION FACILITY’’; and 
(2) by striking ‘‘Tropical Forest Facility’’ both places it 
appears and inserting ‘‘Conservation Facility’’. 
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132 STAT. 5582 
PUBLIC LAW 115–440—JAN. 14, 2019 
(c) REFERENCES.—Any reference in any other provision of law, 
regulation, document, paper, or other record of the United States 
to the ‘‘Tropical Forest Facility’’ shall be deemed to be a reference 
to the ‘‘Conservation Facility’’. 
SEC. 5. ELIGIBILITY FOR BENEFITS. 
Section 805(a) of the Tropical Forest and Coral Reef Conserva-
tion Act of 1998 (22 U.S.C. 2431c(a)), as renamed by section 2(a), 
is amended— 
(1) by striking ‘‘tropical forest’’ and inserting ‘‘tropical forest 
or coral reef’’; 
(2) by redesignating paragraph (2) as paragraph (7); and 
(3) by striking paragraph (1) and inserting the following 
new paragraphs: 
‘‘(1) whose government is democratically elected; 
‘‘(2) whose government has not repeatedly provided support 
for acts of international terrorism; 
‘‘(3) whose government is not failing to cooperate on inter-
national narcotics control matters; 
‘‘(4) whose government (including its military or other secu-
rity forces) does not engage in a consistent pattern of gross 
violations of internationally recognized human rights; 
‘‘(5) that has in effect, has received approval for, or is 
making significant progress toward— 
‘‘(A) an International Monetary Fund standby arrange-
ment, extended Fund arrangement, or an arrangement 
under the structural adjustment facility or enhanced struc-
tural adjustment facility, or a Fund monitored program, 
or is implementing sound macroeconomic policies, unless 
the President determines that such an arrangement or 
program could reasonably be expected to have significant 
adverse social or environmental effect; and 
‘‘(B) as appropriate, structural or sectoral adjustment 
loans from the International Bank for Reconstruction and 
Development or the International Development Association, 
unless the President determines that the resulting adjust-
ment requirements could reasonably be expected to have 
significant adverse social or environmental effects; 
‘‘(6) if appropriate, has agreed with its commercial bank 
lenders on a satisfactory financing program, including, as 
appropriate, debt or debt service reduction; and’’. 
SEC. 6. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A 
RESULT OF CREDITS EXTENDED UNDER TITLE I OF FOOD 
FOR PEACE ACT. 
Section 807(a)(1) of the Tropical Forest and Coral Reef Con-
servation Act of 1998 (22 U.S.C. 2431e(a)(1)), as renamed by section 
2(a), is amended by striking ‘‘outstanding as of January 1, 1998,’’ 
and inserting ‘‘outstanding as of the date of the enactment of 
the Tropical Forest Conservation Reauthorization Act of 2018’’. 
SEC. 7. UNITED STATES GOVERNMENT REPRESENTATION ON OVER-
SIGHT BODIES FOR GRANTS FROM DEBT-FOR-NATURE 
SWAPS AND DEBT BUYBACKS. 
Section 808(a)(5) of the Tropical Forest and Coral Reef Con-
servation Act of 1998 (22 U.S.C. 2431f(a)(5)), as renamed by section 
2(a), is amended by adding at the end the following new subpara-
graph: 
President. 
Determinations. 
22 USC 2431b 
note. 
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132 STAT. 5583 
PUBLIC LAW 115–440—JAN. 14, 2019 
‘‘(C) UNITED STATES GOVERNMENT REPRESENTATION ON 
THE
ADMINISTERING
BODY.—One or more individuals 
appointed by the United States Government shall serve 
in an official capacity on the administering body that over-
sees the implementation of grants arising from a debt- 
for-nature swap or debt buyback regardless of whether 
the United States is a party to any agreement between 
the eligible purchaser and the government of the bene-
ficiary country.’’. 
SEC. 8. CONSERVATION AGREEMENTS. 
(a) RENAMING OF AGREEMENTS.—Section 809 of the Tropical 
Forest and Coral Reef Conservation Act of 1998 (22 U.S.C. 2431g), 
as renamed by section 2(a), is amended— 
(1) in the section heading, by striking ‘‘TROPICAL FOREST 
AGREEMENT’’ and inserting ‘‘CONSERVATION AGREEMENT’’; and 
(2) in subsection (a)— 
(A) by striking ‘‘AUTHORITY’’ and all that follows 
through ‘‘(1) IN GENERAL.—The Secretary’’ and inserting 
‘‘AUTHORITY.—The Secretary’’; and 
(B) by striking ‘‘Tropical Forest Agreement’’ and 
inserting ‘‘Conservation Agreement’’. 
(b) ELIMINATION
OF REQUIREMENT TO CONSULT WITH
THE 
ENTERPRISE FOR THE AMERICAS BOARD.—Such subsection is further 
amended by striking paragraph (2). 
(c) ROLE OF BENEFICIARY COUNTRIES.—Such section is further 
amended— 
(1) in subsection (e)(1)(C), by striking ‘‘in exceptional cir-
cumstances, the government of the beneficiary country’’ and 
inserting ‘‘in limited circumstances, the government of the bene-
ficiary country when needed to improve governance and 
enhance management of tropical forests or coral reef eco-
systems, without replacing existing levels of financial efforts 
by the government of the beneficiary country and with priority 
given to projects that complement grants made under subpara-
graphs (A) and (B)’’; and 
(2) by amending subsection (f) to read as follows: 
‘‘(f) REVIEW
OF LARGER GRANTS.—Any grant of more than 
$250,000 from a Fund must be approved by the Government of 
the United States and the government of the beneficiary country.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.—Such section 
is further amended— 
(1) in subsection (c)(2)(A)(i), by inserting ‘‘to serve in an 
official capacity’’ after ‘‘Government’’; and 
(2) in subsection (d)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘tropical forests’’ and inserting ‘‘tropical forests and coral 
reef ecosystems’’; 
(B) in paragraph (5), by striking ‘‘tropical forest’’; and 
(C) in paragraph (6), by striking ‘‘living in or near 
a tropical forest in a manner consistent with protecting 
such tropical forest’’ and inserting ‘‘dependent on a tropical 
forest or coral reef ecosystem and related resources in 
a manner consistent with conserving such resources’’. 
(e) CONFORMING AMENDMENTS TO DEFINITIONS.—Section 803(7) 
of such Act (22 U.S.C. 2431a(7)) is amended— 
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132 STAT. 5584 
PUBLIC LAW 115–440—JAN. 14, 2019 
(1) in the heading, by striking ‘‘TROPICAL FOREST AGREE-
MENT’’ and inserting ‘‘CONSERVATION AGREEMENT’’; and 
(2) by striking ‘‘Tropical Forest Agreement’’ both places 
it appears and inserting ‘‘Conservation Agreement’’. 
SEC. 9. CONSERVATION FUND. 
(a) IN GENERAL.—Section 810 of the Tropical Forest and Coral 
Reef Conservation Act of 1998 (22 U.S.C. 2431h), as renamed by 
section 2(a), is amended— 
(1) in the section heading, by striking ‘‘TROPICAL FOREST 
FUND’’ and inserting ‘‘CONSERVATION FUND’’; and 
(2) in subsection (a)— 
(A) by striking ‘‘Tropical Forest Agreement’’ and 
inserting ‘‘Conservation Agreement’’; and 
(B) by striking ‘‘Tropical Forest Fund’’ and inserting 
‘‘Conservation Fund’’. 
(b) CONFORMING AMENDMENTS TO DEFINITIONS.—Such Act is 
further amended— 
(1) in section 803(9) (22 U.S.C. 2431a(9))— 
(A) in the heading, by striking ‘‘TROPICAL FOREST FUND’’ 
and inserting ‘‘CONSERVATION FUND’’; and 
(B) by striking ‘‘Tropical Forest Fund’’ both places it 
appears and inserting ‘‘Conservation Fund’’; 
(2) in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by striking 
‘‘Tropical Forest Fund’’ and inserting ‘‘Conservation Fund’’; and 
(3) in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by striking 
‘‘Tropical Forest Fund’’ and inserting ‘‘Conservation Fund’’. 
SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS. 
Section 813 of the Tropical Forest and Coral Reef Conservation 
Act of 1998 (22 U.S.C. 2431k), as renamed by section 2(a), is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘(a) IN GENERAL.—Not later than 
December 31’’ and inserting ‘‘Not later than April 15’’; 
and 
(B) by striking ‘‘fiscal year’’ both places it appears 
and inserting ‘‘calendar year’’; and 
(2) by striking subsection (b). 
SEC. 11. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUC-
TION OF DEBT AND AUTHORIZATION FOR AUDIT, EVALUA-
TION, MONITORING, AND ADMINISTRATION EXPENSES. 
Section 806 of the Tropical Forest and Coral Reef Conservation 
Act of 1998 (22 U.S.C. 2431d), as renamed by section 2(a), is 
amended— 
(1) in subsection (d), by adding at the end the following 
new paragraphs: 
‘‘(7) $20,000,000 for fiscal year 2019. 
‘‘(8) $20,000,000 for fiscal year 2020.’’; and 
(2) by amending subsection (e) to read as follows: 
‘‘(e) USE OF FUNDS TO CONDUCT PROGRAM AUDITS, EVALUA-
TIONS, MONITORING, AND ADMINISTRATION.—Of the amounts made 
available to carry out this part for a fiscal year, $300,000 is author-
ized to be made available to carry out audits, evaluations, moni-
toring, and administration of programs under this part, including 
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132 STAT. 5585 
PUBLIC LAW 115–440—JAN. 14, 2019 
LEGISLATIVE HISTORY—S. 1023: 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Dec. 19, considered and passed Senate. 
Dec. 21, considered and passed House. 
personnel costs associated with such audits, evaluations, monitoring 
and administration.’’. 
Approved January 14, 2019. 
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