[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6727 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6727
To establish the United States Foundation for International
Conservation to promote long-term management of protected and conserved
areas, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2023
Mr. McCaul (for himself, Mr. Cole, Mr. Meeks, Mr. Joyce of Ohio, Ms.
McCollum, Mr. Hudson, Mr. Cuellar, Mr. Garamendi, Mr. Reschenthaler,
Ms. Wild, Mr. Kean of New Jersey, and Ms. Kamlager-Dove) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To establish the United States Foundation for International
Conservation to promote long-term management of protected and conserved
areas, 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.
This Act may be cited as the ``United States Foundation for
International Conservation Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(2) Board.--The term ``Board'' means the Board of Directors
established pursuant to section 4(a).
(3) Director.--The term ``Director'' means--
(A) an initial member of the Board appointed
pursuant to section 4(a)(2)(C); or
(B) a member of the Board selected to fill a
vacancy pursuant to section 4(a)(3)(B).
(4) Eligible country.--The term ``eligible country'' means
any of the countries described in section 7(b).
(5) Eligible project.--The term ``eligible project'' means
any of the projects described in section 7(a)(2).
(6) Executive director.--The term ``Executive Director''
means the Executive Director of the Foundation hired pursuant
to section 4(b).
(7) Foundation.--The term ``Foundation'' means the United
States Foundation for International Conservation established
pursuant to section 3(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 3. UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION.
(a) Establishment.--
(1) In general.--There is established the United States
Foundation for International Conservation (in this Act referred
to as the ``Foundation''). The Foundation is a charitable and
nonprofit corporation.
(2) Termination of operations.--The Foundation shall
terminate operations on the date that is 10 years after the
date on which it is established pursuant to paragraph (1), in
accordance with--
(A) a plan for winding down the activities of the
Foundation that the Board shall submit to the
appropriate congressional committees not later than 180
days before such termination date; and
(B) the bylaws established pursuant to section
4(a)(9).
(b) Purposes.--The purposes of the Foundation are--
(1) to provide grants for the management of priority
protected and conserved areas that have a high degree of
biodiversity or species and ecosystems of significant
importance;
(2) to promote effective, long-term management of protected
and conserved areas and their contiguous buffer zones in
eligible countries;
(3) to advocate for, incentivize, accept, and administer
governmental and nongovernmental funds, including donations
from the private sector, to increase the availability and
predictability of financing for long-term management of
protected and conserved areas;
(4) to close critical gaps in public international
conservation efforts by--
(A) increasing private sector investment, including
investments from philanthropic entities; and
(B) collaborating with partners providing bilateral
and multilateral financing to support enhanced
coordination;
(5) to identify and financially support implementation-
ready projects--
(A) that promote long-term management of protected
and conserved areas and their contiguous buffer zones
in eligible countries, including supporting the
management of terrestrial, coastal, freshwater, and
marine protected areas, parks, community conservancies,
Indigenous reserves, conservation easements, and
biological reserves; and
(B) that provide effective area-based conservation
measures, consistent with internationally recognized
best practices and standards for environmental and
social safeguards; and
(6) to coordinate with, and otherwise support and assist,
foreign governments, private sector entities, local
communities, Indigenous Peoples, and other stakeholders in
undertaking biodiversity conservation activities--
(A) to achieve sustainable biodiversity
conservation outcomes; and
(B) to improve local security, governance, food
security, and economic opportunities.
SEC. 4. GOVERNANCE OF THE FOUNDATION.
(a) Board of Directors.--
(1) Governance.--The Foundation shall be governed by a
Board of Directors.
(2) Composition.--
(A) In general.--The Board shall be composed of--
(i) the Directors described in subparagraph
(B); and
(ii) appointed Directors described in
subparagraph (C).
(B) Directors.--The following individuals, or
designees of such individuals, shall serve as
Directors:
(i) The Secretary of State.
(ii) The Administrator of the United States
Agency for International Development.
(iii) The Secretary of the Interior.
(iv) The Chief of the United States Forest
Service.
(v) The Administrator of the National
Oceanic and Atmospheric Administration.
(C) Appointed directors.--The Secretary, in
consultation with the other Directors described in
subparagraph (B), the Speaker and minority leader of
the House of Representatives, and the majority and
minority leader of the Senate, shall appoint, as
Directors of the Board--
(i) 4 private-sector committed donors; and
(ii) 5 independent experts who represent
diverse points of view, to the maximum extent
practicable.
(D) Appointment structure.--There shall be an
appointment structure that applies to directors in
subsection (C) such that--
(i) the Speaker of the House of
Representatives after consultation with the
chair of the Committee on Foreign Affairs of
the House and the minority leader of the House
of Representatives after consultation with the
ranking member of the Committee on Foreign
Affairs of the House shall each submit a list
of five individuals to be considered by the
Secretary for appointment to the Board of
Directors, of which the Secretary shall appoint
one individual from each list submitted; and
(ii) the majority leader of the Senate
after consultation with the chair of the
Committee on Foreign Relations of the Senate
and the minority leader of the Senate after
consultation with the ranking minority member
of the Committee on Foreign Relations of the
Senate shall each submit a list of individuals
to be considered by the Secretary for
appointment to the Board of Directors, of which
the Secretary shall appoint one individual from
each list submitted.
(E) Qualifications.--Each independent expert
appointed pursuant to subparagraph (C) shall be
knowledgeable and experienced in matters relating to--
(i) international development;
(ii) protected area management and the
conservation of global biodiversity, fish and
wildlife, ecosystem restoration, adaptation,
and resilience; and
(iii) grantmaking in support of
international conservation.
(F) Chairperson.--The Board shall elect, from among
its Directors, a Chairperson, who shall serve for a 2-
year term.
(3) Terms; vacancies.--
(A) Terms.--
(i) In general.--The term of service of
each Director appointed pursuant to paragraph
(2)(C) shall be not more than 5 years.
(ii) Initial appointed directors.--Of the
initial Directors appointed pursuant to
paragraph (2)(C)--
(I) 5 Directors, including at least
private-sector committed donors, shall
serve for 4 years; and
(II) 4 Directors shall serve for 5
years, as determined by the Chairperson
of the Board.
(B) Vacancies.--Any vacancy in the membership of
the appointed Directors of the Board--
(i) shall be filled in accordance with the
bylaws of the Foundation by a private sector
committed donor or an independent expert who
meets the qualifications described in paragraph
(2)(E), as corresponding to the vacating
Director;
(ii) shall not affect the power of the
remaining appointed Directors to execute the
duties of the Board; and
(iii) shall be filled by an individual
selected by the Board.
(4) Quorum.--A majority of the current membership of the
Board shall constitute a quorum for the transaction of
Foundation business.
(5) Meetings.--
(A) In general.--The Board shall meet at the call
of the Chairperson not less frequently than annually.
(B) Initial meeting.--Not later than 60 days after
the Board is established pursuant to section 3(a), the
Secretary shall convene a meeting of the ex-officio
Directors and the appointed Directors of the Board to
incorporate the Foundation.
(C) Removal.--Any Director who misses 3 consecutive
regularly scheduled meetings may be removed from the
Board.
(6) Reimbursement of expenses.--Directors of the Board
shall serve without pay, but may be reimbursed for the actual
and necessary traveling and subsistence expenses incurred in
the performance of the duties of the Foundation. Such
reimbursement may only be made available for expenses incurred
outside the United States if at least two Directors
concurrently incurred such expenses.
(7) Not federal employees.--Appointment as a Director of
the Board shall not constitute employment by, or the holding of
an office of, the United States for purposes of any Federal
law.
(8) Duties.--The Board shall--
(A) establish bylaws for the Foundation in
accordance with paragraph (9);
(B) provide overall direction for the activities of
the Foundation and establish priority activities;
(C) carry out any other necessary activities of the
Foundation;
(D) evaluate the performance of the Executive
Director;
(E) take steps to limit the Foundations
administrative expenses to the extent practicable; and
(F) not less frequently than annually, consult and
coordinate with stakeholders qualified to provide
advice, assistance, and information regarding effective
protected and conserved area management.
(9) Bylaws.--
(A) In general.--The bylaws established pursuant to
paragraph (8)(A) shall include--
(i) policies for the selection of Directors
of the Board and officers, employees, agents,
and contractors of the Foundation;
(ii) policies, including ethical standards,
for--
(I) the acceptance, solicitation,
and disposition of donations and grants
to the Foundation; and
(II) the disposition of assets of
the Foundation;
(iii) policies that subject all employees,
fellows, trainees, and other agents of the
Foundation (including ex-officio Directors and
appointed Directors of the Board) to conflict
of interest standards;
(iv) the specific duties of the Executive
Director;
(v) policies for winding down the
activities of the Foundation upon its
termination, including a plan--
(I) to return unspent
appropriations to the Department of the
Treasury; and
(II) to donate unspent private and
philanthropic contributions to projects
that align with the goals and
requirements described in section 7;
and
(vi) policies for vetting grantees to
ensure the Foundation does not provide grants
to for-profit entities whose primary objective
is activity other than conservation.
(B) Requirements.--The Board shall ensure that the
bylaws of the Foundation and the activities carried out
under such bylaws do not--
(i) reflect unfavorably on the ability of
the Foundation to carry out activities in a
fair and objective manner; or
(ii) compromise, or appear to compromise,
the integrity of any governmental agency or
program, or any officer or employee employed
by, or involved in, a governmental agency or
program.
(b) Executive Director.--The Board shall hire an Executive Director
of the Foundation, who shall serve, at the pleasure of the Board, as
the Chief Executive Officer of the Foundation.
(c) Foundation Staff.--Officers and employees of the Foundation--
(1) may not be employees of, or hold any office in, the
United States Government;
(2) shall be appointed without regard to the provisions
of--
(A) title 5, United States Code, governing
appointments in the competitive service; and
(B) chapter 51 and subchapter III of chapter 53 of
such title, relating to classification and General
Schedule pay rates; and
(3) may not receive a salary at a rate in excess of 150
percent of the maximum rate of basic pay authorized for
positions at level I of the Executive Schedule under section
5312 of title 5, United States Code, for that fiscal year.
(d) Limitation and Conflicts of Interests.--
(1) Political participation.--The Foundation may not
participate or intervene in any political campaign on behalf of
any candidate for public office in any country.
(2) Financial interests.--Any Director of the Board or
officer or employee of the Foundation is prohibited from
participating, directly or indirectly, in the consideration or
determination of any question before the Foundation affecting--
(A) the financial interests of such Director,
officer, or employee; and
(B) the interests of any corporation, partnership,
entity, or organization in which such Director,
officer, or employee has any fiduciary obligation or
direct or indirect financial interest.
SEC. 5. CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION.
(a) General Authority.--
(1) In general.--The Foundation--
(A) may conduct business throughout the States,
territories, and possessions of the United States and
in foreign countries;
(B) shall have its principal offices in the
Washington, DC, metropolitan area; and
(C) shall continuously maintain a designated agent
in Washington, DC, who is authorized to accept notice
or service of process on behalf of the Foundation.
(2) Notice and service of process.--The serving of notice
to, or service of process upon, the agent referred to in
paragraph (1)(C), or mailed to the business address of such
agent, shall be deemed as service upon, or notice to, the
Foundation.
(3) Seal.--The Foundation shall have an official seal,
which shall be selected by the Board and judicially noticed.
(b) Authorities.--In addition to powers explicitly authorized under
this Act, the Foundation, in order to carry out the purposes described
in section 3(b), shall have the usual powers of a corporation
headquartered in Washington, DC, including the authority--
(1) to accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest, either absolutely or in trust, or
real or personal property or any income derived from such gift
or property, or other interest in such gift or property located
in the United States;
(2) to acquire by donation, gift, devise, purchase, or
exchange any real or personal property or interest in such
property located in the United States;
(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income derived from such
property located in the United States;
(4) to borrow money and issue bonds, debentures, or other
debt instruments;
(5) to complain and defend itself in any court of competent
jurisdiction (except that the Directors of the Board shall not
be personally liable, except for gross negligence);
(6) to enter into contracts or other arrangements with
public agencies, private organizations, and persons and to make
such payments as may be necessary to carry out the purposes of
such contracts or arrangements; and
(7) to award grants for eligible projects, in accordance
with section 7.
(c) Limitation of Public Liability.--The United States shall not be
liable for any debts, defaults, acts, or omissions of the Foundation.
SEC. 6. SAFEGUARDS AND ACCOUNTABILITY.
(a) Safeguards.--The Foundation shall develop, and incorporate into
any agreement for support provided by the Foundation, appropriate
safeguards, policies, and guidelines, consistent with internationally
recognized best practices and standards for environmental and social
safeguards.
(b) Independent Accountability Mechanism.--
(1) In general.--The Foundation shall establish a
transparent and independent accountability mechanism, which
shall provide--
(A) a compliance review function that assesses
whether Foundation-supported projects adhere to the
requirements developed pursuant to subsection (a);
(B) a dispute resolution function for resolving
concerns between complainants and project implementers
regarding the impacts of specific Foundation-supported
projects with respect to such standards; and
(C) an advisory function that reports to the
Foundation on projects, policies, and practices.
(2) Duties.--The accountability mechanism shall--
(A) report annually to the Board and to the
appropriate congressional committees regarding the
Foundation's compliance with internationally recognized
best practices and standards in accordance with
paragraph (1)(A);
(B)(i) have permanent staff to conduct compliance
reviews and dispute resolutions; or
(ii) maintain a roster of experts to serve
such roles, to the extent needed; and
(C) hold a public comment period lasting not fewer
than 60 days regarding the initial design of the
accountability mechanism.
(c) Internal Accountability.--The Foundation shall establish an
ombudsman position at a senior level of executive staff as a
confidential, neutral source of information and assistance to anyone
affected by the activities of the Foundation.
SEC. 7. PROJECTS AND GRANTS.
(a) Project Funding Requirements.--
(1) In general.--The Foundation shall--
(A) provide grants to fund eligible projects
described in paragraph (2) that support its mission to
provide long-term funding for the effective management
of protected and conserved areas and their contiguous
buffer zones in eligible countries; and
(B) recognize the importance of a landscape or
seascape approach to conservation that includes buffer
zones, wildlife dispersal and corridor areas, and other
effective area-based conservation measures.
(2) Eligible projects.--Eligible projects shall include
projects that--
(A) focus on supporting--
(i) long-term management of protected or
conserved areas and their contiguous buffer
zones in countries described in subsection (b),
including terrestrial, coastal, and marine
protected or conserved areas, parks, community
conservancies, Indigenous reserves,
conservation easements, and biological
reserves; and
(ii) other effective area-based
conservation measures;
(B) are cost-matched at a ratio of 2 from other
sources to 1 from the United States Government;
(C) have host country and local population support,
as evidenced by a long-term binding memorandum of
understanding signed by the host government that
respects free, prior, and informed consent of affected
communities;
(D) incorporate a set of key performance
indicators;
(E) demonstrate robust local community engagement,
with the completion of appropriate environmental and
social due diligence, including--
(i) free, prior, and informed consent of
Indigenous Peoples and prior consultation with
relevant local communities;
(ii) equitable governance structures; and
(iii) effective grievance mechanisms;
(F) create economic opportunities for local
communities, through activities such as--
(i) equity and profit-sharing;
(ii) employment activities; and
(iii) other economic growth activities;
(G) provide stable baseline funding for the
effective management of the protected or conserved area
project;
(H) are implementation-ready; and
(I) where possible, demonstrate a plan to
strengthen the capacity of, and transfer skills to,
local institutions to manage the protected or conserved
area before or after grant funding is exhausted.
(b) Eligible Countries.--
(1) In general.--Before awarding any grants or entering
into any project agreements for a given fiscal year, the Board
shall conduct a review to determine candidate countries in
which the Foundation shall be eligible to fund projects to
determine which countries--
(A) are low-income, lower middle-income, or upper-
middle-income economies (as defined by the
International Bank for Reconstruction and Development
and the International Development Association);
(B) have--
(i) a high degree of threatened or at risk
biological diversity; or
(ii) species or ecosystems of significant
importance, including threated or endangered
species or ecosystems at risk of degradation or
destruction; and
(C) have demonstrated a commitment to conservation
through actions, such as protecting lands and waters
through the gazettement of national parks, community
conservancies, marine reserves and protected areas,
forest reserves, or other legally recognized forms of
place-based conservation.
(2) Identification of eligible countries.--Not later than 5
days after the date on which the Board determines which
countries are eligible countries for a given fiscal year, the
Executive Director shall--
(A) submit a report to the appropriate
congressional committees that includes--
(i) a list of all such eligible countries
as determined through the review process
described in paragraph (1); and
(ii) a justification for such eligibility ;
and
(B) publish the information contained in the report
described in paragraph (A) in the Federal Register.
(c) Grantmaking.--
(1) In general.--In order to maximize its program effects,
the Foundation shall--
(A) coordinate with other international public and
private donors to the extent possible;
(B) seek additional financial and nonfinancial
contributions and commitments for its projects from
host governments;
(C) strive to generate a partnership mentality
among all participants, including public and private
funders, host governments, local protected areas
authorities, and private and nongovernmental
organization partners; and
(D) prioritize investments in communities with low
levels of economic development to the extent
practicable.
(2) Grant criteria.--Foundation grants--
(A) shall fund the management of well-defined
protected or conserved areas and the systems of such
conservation areas in eligible countries;
(B) should provide adequate baseline funding for at
least 10 years, indexed for inflation, without
replacing or duplicating existing baseline funding, for
each protected and conserved area and the system that
supports that area in an amount sufficient to maintain
the effective management of the area over the long
term;
(C) should, during the grant period, demonstrate
progress in achieving clearly identified key
performance indicators (as defined in the grant
agreement), which may include--
(i) the protection of biological diversity;
(ii) the protection of native flora and
habitats, such as trees, forests, wetlands,
grasslands, mangroves, coral reefs, and sea
grass;
(iii) community-based economic growth
indicators, such as improved land tenure,
increases in beneficiaries participating in
economic growth activities, and sufficient
income from conservation activities being
directed to communities in project areas;
(iv) improved management of the protected
or conserved area covered by the project, as
documented through the submission of strategic
plans or annual reports to the Foundation; and
(v) the identification of additional
revenue sources or sustainable financing
mechanisms to meet the recurring costs of
management of the protected or conserved areas;
and
(D) may be terminated if the Board determines that
the project is not meeting applicable requirements
under this Act or making progress in achieving the key
performance indicators defined in the grant agreement.
SEC. 8. PROHIBITION OF SUPPORT IN COUNTRIES THAT SUPPORT TERRORISM OR
VIOLATE HUMAN RIGHTS AND OF SUPPORT FOR SANCTIONED
PERSONS.
(a) In General.--The Foundation may not provide support for any
government, or any entity owned or controlled by a government, if the
Secretary has determined that such government--
(1) has repeatedly provided support for acts of
international terrorism, as determined under--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (22 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a));
(C) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
(D) any other relevant provision of law; or
(2) has engaged in a consistent pattern of gross violations
of internationally recognized human rights, as determined under
section 116(a) or 502B(a)(2) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant
provision of law.
(b) Prohibition of Support for Sanctioned Persons.--The Foundation
may not engage in any dealing prohibited under United States sanctions
laws or regulations, including dealings with persons on the list of
specially designated persons and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the Treasury,
except to the extent otherwise authorized by the Secretary or by the
Secretary of the Treasury.
(c) Prohibition of Support for Activities Subject to Sanctions.--
The Foundation shall require any person receiving support to certify
that such person, and any entity owned or controlled by such person, is
in compliance with all United States sanctions laws and regulations.
SEC. 9. ANNUAL REPORT.
Not later than 360 days after the date of the enactment of this
Act, and annually thereafter while the Foundation continues to operate,
the Executive Director of the Foundation shall submit a report to the
appropriate congressional committees that describes--
(1) the goals of the Foundation;
(2) the programs, projects, and activities supported by the
Foundation;
(3) private and governmental contributions to the
Foundation; and
(4) the standardized criteria utilized to determine the
programs and activities supported by the Foundation, including
baselines, targets, desired outcomes, measurable goals, and
extent to which those goals are being achieved for each
project.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Foundation $1,000,000 for fiscal year 2024 and $100,000,000 for each of
the fiscal years 2025 through 2035 to carry out the purposes of this
Act.
(b) Cost Matching Requirement.--Amounts appropriated pursuant to
subsection (a) may only be made available to grantees to the extent the
Foundation or such grantees secure funding for an eligible project from
sources other than the United States Government in an amount that is
not less than twice the amount received in grants for such project
pursuant to section 7.
(c) Prohibition on Use of Grant Amounts for Lobbying Expenses.--
Amounts provided as a grant by the Foundation shall not be used for any
activity the purpose of which is to influence legislation pending
before the United States Congress.
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