[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1023 Introduced in Senate (IS)]
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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.
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 2017''.
(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 forests and coral reefs.
Sec. 4. Change to name of facility.
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.
SEC. 2. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS MODIFIED SCOPE.
(a) In General.--Section 801 of the Tropical Forest Conservation
Act of 1998 (Public Law 87-195; 22 U.S.C. 2151 note) is amended by
striking ``Tropical Forest Conservation Act of 1998'' and inserting
``Tropical Forest Conservation Reauthorization Act of 2017''.
(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 Conservation Reauthorization Act
of 2017''.
SEC. 3. PROTECTION OF FORESTS AND CORAL REEFS.
(a) In General.--Section 802 of the Tropical Forest Conservation
Reauthorization Act of 2017 (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, non-tropical forests, and
coral reef ecosystems'';
(2) in subsection (a)(2)(C), by striking ``far-flung'';
(3) in subsection (a)(7), by striking ``tropical forests is
critical to the protection of tropical forests'' and inserting
``tropical forests, non-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, non-
tropical forests, and coral ecosystems'';
(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, non-
tropical 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) in the heading, by striking ``tropical forest''
and inserting ``tropical forest, non-tropical forest,
or coral reef'';
(B) in the matter preceding subparagraph (A), by
striking ``tropical forest'' and inserting ``tropical
forest, non-tropical forest, or coral reef''; and
(C) in subparagraph (B)--
(i) by striking ``tropical forest'' and
inserting ``tropical forest, non-tropical
forest, or coral reef''; and
(ii) by striking ``tropical forests'' and
inserting ``tropical forests, non-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
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) In General.--Section 804 of the Tropical Forest Conservation
Reauthorization Act of 2017 (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.
Section 805(a) of the Tropical Forest Conservation Reauthorization
Act of 2017 (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''.
SEC. 6. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR
GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT BUYBACKS.
Section 808(a)(5) of the Tropical Forest Conservation
Reauthorization Act of 2017 (22 U.S.C. 2431f(a)(5)), as renamed by
section 2(a), is amended by adding at the end the following new
subparagraph:
``(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. CONSERVATION AGREEMENTS.
(a) 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) 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
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) 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, non-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, non-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--
(1) in the heading, by striking ``Tropical forest
agreement'' and inserting ``Conservation agreement''; and
(2) by striking ``Tropical Forest Agreement'' both places
it appears and inserting ``Conservation Agreement''.
SEC. 8. CONSERVATION FUND.
(a) In General.--Section 810 of the Tropical Forest Conservation
Reauthorization Act of 2017 (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. 9. REPEAL OF AUTHORITY OF THE ENTERPRISE FOR THE AMERICAS BOARD TO
CARRY OUT ACTIVITIES UNDER THE TROPICAL FOREST
CONSERVATION AUTHORIZATION ACT OF 1998.
(a) In General.--Section 811 of the Tropical Forest Conservation
Reauthorization Act of 2017 (22 U.S.C. 2431i), as renamed by section
2(a), is repealed.
(b) Conforming Amendments.--Section 803 of such Act (22 U.S.C.
2431a) is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (4), (5), (6), (7), and (8), respectively.
SEC. 10. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS.
Section 813 of the Tropical Forest Conservation Reauthorization Act
of 2017 (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. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY
ELIGIBILITY.
Section 703(a)(5) of the Foreign Assistance Act of 1961 (22 U.S.C.
2430b(a)(5)) is amended--
(1) by striking ``or, as appropriate in exceptional
circumstances,'' and inserting ``or'';
(2) in subparagraph (A)--
(A) 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) by striking ``(after consultation with the
Enterprise for the Americas Board)''; and
(3) 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.
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) in subsection (d), by adding at the end the following
new paragraphs:
``(7) $20,000,000 for fiscal year 2018.
``(8) $20,000,000 for fiscal year 2019.
``(9) $20,000,000 for fiscal year 2020.
``(10) $20,000,000 for fiscal year 2021.''; and
(2) by amending subsection (e) to read as follows:
``(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.''.
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