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S. 1023 — what changed

Tropical Forest Conservation Reauthorization Act of 2018

From Reported in Senate to Engrossed in Senate. 11 sections amended and 1 removed between Reported in Senate and Engrossed in Senate.

Section 1 Short title; table of contents

(a)
changed Short title— This Act may be cited as the “Tropical Forest Conservation Reauthorization Act of 2017”.2018”.
(b)
Table of contents— The table of contents for this Act is as follows:

Sec. 2 Amendment to short title of Act to encompass modified scope

(a)
changed In general— Section 801 of the Tropical Forest Conservation Act of 1998 (Public (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 Reauthorization Act of 2017”.1998”.
(b)
changed References— Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the “Tropical Forest Conservation Act of 1998” shall be deemed to be a reference to the “Tropical Forest and Coral Reef Conservation Reauthorization Act of 2017”.1998”.

Sec. 3 Protection of tropical forests and coral reefs

(a)
changed In general— Section 802 of the Tropical Forest and Coral Reef Conservation Reauthorization Act of 2017 1998 (22 U.S.C. 2431), as renamed by section 2(a), is amended—
(1)
changed 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, non-tropical forests, forests and coral reef ecosystems”;
(2)
in subsection (a)(2)(C), by striking “far-flung”;
(3)
changed in subsection (a)(7), by striking “tropical forests is critical to the protection of tropical forests” and inserting “tropical forests, non-tropical forests, forests and coral reef ecosystems is critical to the protection of such areas”; and
(4)
in subsection (b)(2)—
(A)
changed by striking “tropical forests” the first place it appears and inserting “tropical forests, non-tropical forests, forests and coral ecosystems”;
(B)
by striking “tropical forests” the second place it appears and inserting “areas”; and
(C)
changed by striking “tropical forests” the third place it appears and inserting “tropical forests, non-tropical forests, forests and coral reef ecosystems”.
(b)
Amendments related to definitions— Section 803 of such Act (22 U.S.C. 2431a) is amended—
(1)
in paragraph (5)—
(A)
changed in the heading, by striking “tropical forest” and inserting “tropical forest, non-tropical forest, forest or coral reef”;
(B)
changed in the matter preceding subparagraph (A), by striking “tropical forest” and inserting “tropical forest, non-tropical forest, forest or coral reef”; and
(C)
in subparagraph (B)—
(i)
changed by striking “tropical forest” and inserting “tropical forest, non-tropical forest, forest or coral reef”; and
(ii)
changed by striking “tropical forests” and inserting “tropical forests, non-tropical forests, forests or coral reefs”; and
(2)
by adding at the end the following new paragraphs:

“(10) Coral—The term coral means species of the phylum Cnidaria, including—

“(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; and

“(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa.

“(11) Coral reef—The term coral reef means any reef or shoal composed primarily of coral.

“(12) Coral reef ecosystem—The term coral reef ecosystem means any coral reef and any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecological integrity of that coral reef, such as seagrasses, mangroves, sandy seabed communities, and immediately adjacent coastal areas.”

Sec. 4 Change to name of facility

(a)
changed In general— Section 804 of the Tropical Forest and Coral Reef Conservation Reauthorization Act of 2017 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”.
(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

changed Section 805(a) of the Tropical Forest and Coral Reef Conservation Reauthorization Act of 2017 1998 (22 U.S.C. 2431c(a)), as renamed by section 2(a), is amended by striking “tropical forest” and inserting “tropical forest, non-tropical forest, or coral reef”.amended—

(1)
added by striking “tropical forest” and inserting “tropical forest or coral reef”;
(2)
added by redesignating paragraph (2) as paragraph (7); and
(3)
added by striking paragraph (1) and inserting the following new paragraphs:

added “(1) whose government is democratically elected;

added “(2) whose government has not repeatedly provided support for acts of international terrorism;

added “(3) whose government is not failing to cooperate on international narcotics control matters;

added “(4) whose government (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights;

added “(5) that has in effect, has received approval for, or is making significant progress toward—

added “(A) an International Monetary Fund standby arrangement, extended Fund arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or a Fund monitored program, or is implementing sound macroeconomic policies, unless the President determines that such an arrangement or program could reasonably be expected to have significant adverse social or environmental effect; and

added “(B) as appropriate, structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association, unless the President determines that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects;

added “(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

changed Section 808(a)(5) 807(a)(1) of the Tropical Forest and Coral Reef Conservation Reauthorization Act of 2017 1998 (22 U.S.C. 2431f(a)(5)), 2431e(a)(1)), as renamed by section 2(a), is amended by adding at striking “outstanding as of January 1, 1998,” and inserting “outstanding as of the end date of the following new subparagraph:enactment of the Tropical Forest Conservation Reauthorization Act of 2018”.

removed “(C) United States Government representation on the administering body—One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.”

Sec. 7 United States Government representation on oversight bodies for grants from debt-for-nature swaps and debt buybacks

added Section 808(a)(5) of the Tropical Forest and Coral Reef Conservation Act of 1998 (22 U.S.C. 2431f(a)(5)), as renamed by section 2(a), is amended by adding at the end the following new subparagraph:

added “(C) United States Government representation on the administering body—One or more individuals appointed by the United States Government shall serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buyback regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.”

(a)
removed Renaming of agreements— Section 809 of the Tropical Forest Conservation Reauthorization Act of 2017 (22 U.S.C. 2431g), as renamed by section 2(a), is amended—
(1)
removed in the section heading, by striking “Tropical Forest Agreement” and inserting “Conservation Agreement”; and
(2)
removed in subsection (a)—
(A)
removed by striking “Authority” and all that follows through “(1) In General.—The Secretary” and inserting “Authority.—The Secretary”; and
(B)
removed by striking “Tropical Forest Agreement” and inserting “Conservation Agreement”.
(b)
removed Elimination of requirement To consult with the enterprise for the Americas Board— Such subsection is further amended by striking paragraph (2).
(c)
removed Role of beneficiary countries— Such section is further amended—
(1)
removed in subsection (e)(1)(C), by striking “in exceptional circumstances, the government of the beneficiary country” and inserting “in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests, non-tropical forests, or coral reef ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B)”; and
(2)
removed by amending subsection (f) to read as follows:

removed “(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)
removed Technical and conforming amendments— Such section is further amended—
(1)
removed in subsection (c)(2)(A)(i), by inserting “to serve in an official capacity” after “Government”; and
(2)
removed in subsection (d)—
(A)
removed in the matter preceding paragraph (1), by striking “tropical forests” and inserting “tropical forests, non-tropical forests, and coral reef ecosystems”;
(B)
removed in paragraph (5), by striking “tropical forest”; and
(C)
removed 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, non-tropical forest, or coral reef ecosystem and related resources in a manner consistent with conserving such resources”.
(e)
removed Conforming amendments to definitions— Section 803(7) of such Act (22 U.S.C. 2431a(7)) is amended—
(1)
removed in the heading, by striking “Tropical Forest Agreement” and inserting “Conservation Agreement”; and
(2)
removed by striking “Tropical Forest Agreement” both places it appears and inserting “Conservation Agreement”.

Sec. 8 Conservation agreements

(a)
changed In general—Renaming of agreements— Section 810 809 of the Tropical Forest and Coral Reef Conservation Reauthorization Act of 2017 1998 (22 U.S.C. 2431h), 2431g), as renamed by section 2(a), is amended—
(1)
changed in the section heading, by striking “Tropical Forest Fund” Agreement” and inserting “Conservation Fund”; Agreement”; and
(2)
in subsection (a)—
(A)
changed by striking “Tropical Forest Agreement” “Authority” and all that follows through “(1) In General.—The Secretary” and inserting “Conservation Agreement”; “Authority.—The Secretary”; and
(B)
changed by striking “Tropical Forest Fund” Agreement” and inserting “Conservation Fund”.Agreement”.
(b)
changed Conforming amendments to definitions—Elimination of requirement To consult with the enterprise for the Americas Board— Such Act subsection is further amended—amended by striking paragraph (2).
(c)
added Role of beneficiary countries— Such section is further amended—
(1)
added in subsection (e)(1)(C), by striking “in exceptional circumstances, the government of the beneficiary country” and inserting “in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reef ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B)”; and
(2)
added by amending subsection (f) to read as follows:

added “(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)
added Technical and conforming amendments— Such section is further amended—
(1)
added in subsection (c)(2)(A)(i), by inserting “to serve in an official capacity” after “Government”; and
(2)
added in subsection (d)—
(A)
added in the matter preceding paragraph (1), by striking “tropical forests” and inserting “tropical forests and coral reef ecosystems”;
(B)
added in paragraph (5), by striking “tropical forest”; and
(C)
added 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)
added Conforming amendments to definitions— Section 803(7) of such Act (22 U.S.C. 2431a(7)) is amended—
(1)
added in the heading, by striking “Tropical Forest Agreement” and inserting “Conservation Agreement”; and
(2)
added by striking “Tropical Forest Agreement” both places it appears and inserting “Conservation Agreement”.
(1)
removed in section 803(9) (22 U.S.C. 2431a(9))—
(A)
removed in the heading, by striking “Tropical Forest Fund” and inserting “Conservation Fund”; and
(B)
removed by striking “Tropical Forest Fund” both places it appears and inserting “Conservation Fund”;
(2)
removed in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by striking “Tropical Forest Fund” and inserting “Conservation Fund”; and
(3)
removed in section 807(c)(2) (22 U.S.C. 2431e(c)(2)), by striking “Tropical Forest Fund” and inserting “Conservation Fund”.

Sec. 9 Conservation Fund

(a)
changed In general— Section 811 810 of the Tropical Forest and Coral Reef Conservation Reauthorization Act of 2017 1998 (22 U.S.C. 2431i), 2431h), as renamed by section 2(a), is repealed.amended—
(1)
added in the section heading, by striking “Tropical Forest Fund” and inserting “Conservation Fund”; and
(2)
added in subsection (a)—
(A)
added by striking “Tropical Forest Agreement” and inserting “Conservation Agreement”; and
(B)
added by striking “Tropical Forest Fund” and inserting “Conservation Fund”.
(b)
changed Conforming amendments—amendments to definitions— Section 803 of such Such Act (22 U.S.C. 2431a) is further amended—
(1)
changed by striking paragraph (4); andin section 803(9) (22 U.S.C. 2431a(9))—
(A)
added in the heading, by striking “Tropical Forest Fund” and inserting “Conservation Fund”; and
(B)
added by striking “Tropical Forest Fund” both places it appears and inserting “Conservation Fund”;
(2)
changed in section 806(c)(2) (22 U.S.C. 2431d(c)(2)), by redesignating paragraphs (5), (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), striking “Tropical Forest Fund” and (8), respectively.inserting “Conservation Fund”; and
(3)
added 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

changed Section 813 of the Tropical Forest and Coral Reef Conservation Reauthorization Act of 2017 1998 (22 U.S.C. 2431k), as renamed by section 2(a), is amended—

(1)
in subsection (a)—
(A)
by striking “(a) In General.—Not later than December 31” and inserting “Not later than April 15”; and
(B)
by striking “fiscal year” both places it appears and inserting “calendar year”; and
(2)
by striking subsection (b).

Sec. 11 New authorization of appropriations for the reduction of debt and authorization for audit, evaluation, monitoring, and administration expenses

changed Section 703(a)(5) 806 of the Foreign Assistance Tropical Forest and Coral Reef Conservation Act of 1961 1998 (22 U.S.C. 2430b(a)(5)) 2431d), as renamed by section 2(a), is amended—

(1)
changed by striking “or, as appropriate in exceptional circumstances,” and inserting “or”;subsection (d), by adding at the end the following new paragraphs:

added “(7) $20,000,000 for fiscal year 2019.

added “(8) $20,000,000 for fiscal year 2020.”

(2)
changed in subparagraph (A)—by amending subsection (e) to read as follows:

added “(e) Use of funds To conduct program audits, evaluations, monitoring, and administration—Of the amounts made available to carry out this part for a fiscal year, $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring and administration.”

(A)
removed by striking “or in exceptional circumstances, a Fund monitored program or its equivalent,” and inserting “or a Fund monitored program, or is implementing sound macroeconomic policies,”; and
(B)
removed by striking “(after consultation with the Enterprise for the Americas Board)”; and
(3)
removed in subparagraph (B), by striking “(after consultation with the Enterprise for Americas Board)”.

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

removed

removed Section 806 of the Tropical Forest Conservation Reauthorization Act of 2017 (22 U.S.C. 2431d), as renamed by section 2(a), is amended—

(1)
removed in subsection (d), by adding at the end the following new paragraphs:

removed “(7) $20,000,000 for fiscal year 2018.

removed “(8) $20,000,000 for fiscal year 2019.

removed “(9) $20,000,000 for fiscal year 2020.

removed “(10) $20,000,000 for fiscal year 2021.”

(2)
removed by amending subsection (e) to read as follows:

removed “(e) Use of funds To conduct program audits, evaluations, monitoring, and administration—Of the amounts made available to carry out this part for a fiscal year, $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring and administration.”