United States Foundation for International Conservation Act of 2024
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S 618 — United States Foundation for International Conservation Act of 2024
Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 368.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1159 added · 341 removedPlain-language change summary
The amendment removes the title and definitions section from the bill, which includes terms such as "Director," "eligible country," "eligible project," and "Foundation." This change suggests a shift in the bill's organization or approach, possibly streamlining the text by eliminating specific definitions at this stage. The practical effect is that the current version does not explicitly define these terms, which may affect how the bill is interpreted and implemented in later sections.
618 IntroducedReported in Senate (IS)](RS)] <DOC> 118thCalendar CONGRESSNo. 1st Session S.
368 118th CONGRESS 2d Session S.
Heinrich, and Mr.
Boozman)Boozman, introducedMr. the following bill;
whichRicketts, wasMr. read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ 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.
BeKaine, it enacted by the Senate and HouseMr. of Representatives of the United States of America in Congress assembled, SECTION 1.
SHORTScott TITLE.of South Carolina) introduced the following bill;
Thiswhich Actwas mayread betwice citedand asreferred to the ``UnitedCommittee Stateson FoundationForeign forRelations InternationalMay Conservation7, Act2024 ofReported 2023''.by Mr.
Cardin, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``United States Foundation for International Conservation Act of 2023''.</DELETED> <DELETED>SEC.
2.
DEFINITIONS.</DELETED> <DELETED> In this Act:</DELETED> <DELETED> (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means--</DELETED> <DELETED> (A) the Committee on Appropriations of the Senate;</DELETED> <DELETED> (B) the Committee on Foreign Relations of the Senate;</DELETED> <DELETED> (C) the Committee on Appropriations of the House of Representatives;
and</DELETED> <DELETED> (D) the Committee on Foreign Affairs of the House of Representatives.</DELETED> <DELETED> (2) Board.--The term ``Board'' means the Board of Directors established pursuant to section 4(a).</DELETED> <DELETED> (3) Director.--The term ``Director'' means-- </DELETED> <DELETED> (A) an initial member of the Board appointed pursuant to section 4(a)(2)(C);
or</DELETED> <DELETED> (B) a member of the Board selected to fill a vacancy pursuant to section 4(a)(3)(B).</DELETED> <DELETED> (4) Eligible country.--The term ``eligible country'' means any of the countries described in section 7(b).</DELETED> <DELETED> (5) Eligible project.--The term ``eligible project'' means any of the projects described in section 7(a)(2).</DELETED> <DELETED> (6) Executive director.--The term ``Executive Director'' means the Executive Director of the Foundation hired pursuant to section 4(b).</DELETED> <DELETED> (7) Foundation.--The term ``Foundation'' means the United States Foundation for International Conservation established pursuant to section 3(a).</DELETED> <DELETED> (8) Secretary.--The term ``Secretary'' means the Secretary of State.</DELETED> <DELETED>SEC.
3.
UNITED STATES FOUNDATION FOR INTERNATIONAL CONSERVATION.</DELETED> <DELETED> (a) Establishment.--</DELETED> <DELETED> (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish the United States Foundation for International Conservation.</DELETED> <DELETED> (2) Independence.--The Foundation is not an agency or instrumentality of the United States Government.</DELETED> <DELETED> (3) Tax-exempt status.--The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization described in subsection (c) of section 501 of the Internal Revenue Code of 1986, which exempts the organization from taxation under subsection (a) of such section.</DELETED> <DELETED> (4) 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).</DELETED> <DELETED> (b) Purposes.--The purposes of the Foundation are-- </DELETED> <DELETED> (1) to promote effective, long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries;</DELETED> <DELETED> (2) 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;</DELETED> <DELETED> (3) to close critical gaps in public international conservation efforts by--</DELETED> <DELETED> (A) increasing private sector investment, including investments from philanthropic entities;
and</DELETED> <DELETED> (B) collaborating with partners providing bilateral and multilateral financing to support enhanced coordination;</DELETED> <DELETED> (4) to identify and financially support implementation-ready projects--</DELETED> <DELETED> (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</DELETED> <DELETED> (B) that provide effective area-based conservation measures, consistent with internationally recognized best practices and standards for environmental and social safeguards;
and</DELETED> <DELETED> (5) 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--</DELETED> <DELETED> (A) to achieve sustainable biodiversity conservation outcomes;
and</DELETED> <DELETED> (B) to improve local security, governance, food security, and economic opportunities.</DELETED> <DELETED>SEC.
4.
GOVERNANCE OF THE FOUNDATION.</DELETED> <DELETED> (a) Board of Directors.--</DELETED> <DELETED> (1) Governance.--The Foundation shall be governed by a Board of Directors.</DELETED> <DELETED> (2) Composition.--</DELETED> <DELETED> (A) In general.--The Board shall be composed of--</DELETED> <DELETED> (i) the Directors described in subparagraph (B);
and</DELETED> <DELETED> (ii) Appointed Directors described in subparagraph (C).</DELETED> <DELETED> (B) Directors.--The following individuals, or designees of such individuals, shall serve as Directors:</DELETED> <DELETED> (i) The Secretary of State.</DELETED> <DELETED> (ii) The Administrator of the United States Agency for International Development.</DELETED> <DELETED> (iii) The Secretary of the Interior.</DELETED> <DELETED> (iv) The Chief of the United States Forest Service.</DELETED> <DELETED> (v) The Administrator of the National Oceanic and Atmospheric Administration.</DELETED> <DELETED> (C) Appointed directors.--The Secretary, in consultation with the other Directors described in subparagraph (B), shall appoint, as Directors of the Board--</DELETED> <DELETED> (i) 4 private-sector committed donors;
and</DELETED> <DELETED> (ii) 5 independent experts who represent diverse points of view, to the maximum extent practicable.</DELETED> <DELETED> (D) Qualifications.--Each independent expert appointed pursuant to subparagraph (C) shall be knowledgeable and experienced in matters relating to-- </DELETED> <DELETED> (i) international development;</DELETED> <DELETED> (ii) protected area management and the conservation of global biodiversity, fish and wildlife, ecosystem restoration, adaptation, and resilience;
and</DELETED> <DELETED> (iii) grantmaking in support of international conservation.</DELETED> <DELETED> (E) Chairperson.--The Board shall elect, from among its Directors, a Chairperson, who shall serve for a 2-year term.</DELETED> <DELETED> (3) Terms;
vacancies.--</DELETED> <DELETED> (A) Terms.--</DELETED> <DELETED> (i) In general.--The term of service of each Director appointed pursuant to paragraph (2)(C) shall be not more than 5 years.</DELETED> <DELETED> (ii) Initial appointed directors.--Of the initial Directors appointed pursuant to paragraph (2)(C)--</DELETED> <DELETED> (I) 5 Directors, including at least 2 private-sector committed donors, shall serve for 4 years;
and</DELETED> <DELETED> (II) 4 Directors shall serve for 5 years, as determined by the Chairperson of the Board.</DELETED> <DELETED> (B) Vacancies.--Any vacancy in the membership of the appointed Directors of the Board-- </DELETED> <DELETED> (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 under subparagraph (C)(ii)(A), as applicable, as represented by the vacating Director;</DELETED> <DELETED> (ii) shall not affect the power of the remaining appointed Directors to execute the duties of the Board;
and</DELETED> <DELETED> (iii) shall be filled by an individual selected by the Board.</DELETED> <DELETED> (4) Quorum.--A majority of the current membership of the Board shall constitute a quorum for the transaction of Foundation business.</DELETED> <DELETED> (5) Meetings.--</DELETED> <DELETED> (A) In general.--The Board shall meet at the call of the Chairperson not less frequently than annually.</DELETED> <DELETED> (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.</DELETED> <DELETED> (C) Removal.--Any Director who misses 3 consecutive regularly scheduled meetings may be removed from the Board.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (8) Duties.--The Board shall--</DELETED> <DELETED> (A) establish bylaws for the Foundation in accordance with paragraph (9);</DELETED> <DELETED> (B) provide overall direction for the activities of the Foundation and establish priority activities;</DELETED> <DELETED> (C) carry out any other necessary activities of the Foundation;</DELETED> <DELETED> (D) evaluate the performance of the Executive Director;
and</DELETED> <DELETED> (E) not less frequently than annually, consult and coordinate with stakeholders qualified to provide advice, assistance, and information regarding effective protected and conserved area management.</DELETED> <DELETED> (9) Bylaws.--</DELETED> <DELETED> (A) In general.--The bylaws established pursuant to paragraph (8)(A) may include--</DELETED> <DELETED> (i) policies for the selection of Directors of the Board and officers, employees, agents, and contractors of the Foundation;</DELETED> <DELETED> (ii) policies, including ethical standards, for--</DELETED> <DELETED> (I) the acceptance, solicitation, and disposition of donations and grants to the Foundation;
and</DELETED> <DELETED> (II) the disposition of assets of the Foundation;</DELETED> <DELETED> (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;
and</DELETED> <DELETED> (iv) the specific duties of the Executive Director.</DELETED> <DELETED> (B) Requirements.--The Board shall ensure that the bylaws of the Foundation and the activities carried out under such bylaws do not--</DELETED> <DELETED> (i) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner;
or</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (c) Foundation Staff.--Officers and employees of the Foundation--</DELETED> <DELETED> (1) may not be employees of, or hold any office in, the United States Government;
and</DELETED> <DELETED> (2) shall be appointed without regard to the provisions of--</DELETED> <DELETED> (A) title 5, United States Code, governing appointments in the competitive service;
and</DELETED> <DELETED> (B) chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.</DELETED> <DELETED> (d) Limitation and Conflicts of Interests.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) the financial interests of such Director, officer, or employee;
and</DELETED> <DELETED> (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.</DELETED> <DELETED>SEC.
5.
CORPORATE POWERS AND OBLIGATIONS OF THE FOUNDATION.</DELETED> <DELETED> (a) General Authority.--</DELETED> <DELETED> (1) In general.--The Foundation--</DELETED> <DELETED> (A) shall have perpetual succession unless dissolved by an Act of Congress;</DELETED> <DELETED> (B) may conduct business throughout the States, territories, and possessions of the United States and in foreign countries;</DELETED> <DELETED> (C) shall have its principal offices in the Washington, DC metropolitan area;
and</DELETED> <DELETED> (D) shall continuously maintain a designated agent in Washington, DC who is authorized to accept notice or service of process on behalf of the Foundation.</DELETED> <DELETED> (2) Notice and service of process.--The serving of notice to, or service of process upon, the agent referred to in paragraph (1)(D), or mailed to the business address of such agent, shall be deemed as service upon, or notice to, the Foundation.</DELETED> <DELETED> (3) Seal.--The Foundation shall have an official seal, which shall be selected by the Board and judicially noticed.</DELETED> <DELETED> (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-- </DELETED> <DELETED> (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;</DELETED> <DELETED> (2) to acquire by donation, gift, devise, purchase, or exchange any real or personal property or interest in such property;</DELETED> <DELETED> (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;</DELETED> <DELETED> (4) to borrow money and issue bonds, debentures, or other debt instruments;</DELETED> <DELETED> (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);</DELETED> <DELETED> (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</DELETED> <DELETED> (7) to award grants for eligible projects, in accordance with section 7.</DELETED> <DELETED> (c) Property Interests.--</DELETED> <DELETED> (1) Interest in real property.--In this subsection, the term ``interest in real property'' includes-- </DELETED> <DELETED> (A) mineral and water rights;</DELETED> <DELETED> (B) rights of way;
Show all 289 changed lines (249 more)
and</DELETED> <DELETED> (C) easements appurtenant or in gross.</DELETED> <DELETED> (2) In general.--The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange.</DELETED> <DELETED> (3) Limits to property rights.--A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation.</DELETED> <DELETED> (d) Federal Funds.--</DELETED> <DELETED> (1) In general.--The Foundation may--</DELETED> <DELETED> (A) hold Federal funds made available, but not immediately disbursed;
and</DELETED> <DELETED> (B) use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act.</DELETED> <DELETED> (2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in--</DELETED> <DELETED> (A) interest-bearing obligations of the United States;
or</DELETED> <DELETED> (B) obligations guaranteed as to both principal and interest by the United States.</DELETED> <DELETED> (e) Limitation of Public Liability.--The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation.</DELETED> <DELETED>SEC.
6.
SAFEGUARDS AND ACCOUNTABILITY.</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) Independent Accountability Mechanism.--</DELETED> <DELETED> (1) In general.--The Foundation shall establish a transparent and independent accountability mechanism, which shall provide--</DELETED> <DELETED> (A) a compliance review function that assesses whether Foundation-supported projects adhere to the requirements developed pursuant to subsection (a);</DELETED> <DELETED> (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</DELETED> <DELETED> (C) an advisory function that reports to the Foundation on projects, policies, and practices.</DELETED> <DELETED> (2) Duties.--The accountability mechanism shall-- </DELETED> <DELETED> (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);</DELETED> <DELETED> (B)(i) have permanent staff to conduct compliance reviews and dispute resolutions;
or</DELETED> <DELETED> (ii) maintain a roster of experts to serve such roles, to the extent needed;
and</DELETED> <DELETED> (C) hold a public comment period lasting not fewer than 60 days regarding the initial design of the accountability mechanism.</DELETED> <DELETED>SEC.
7.
PROJECTS AND GRANTS.</DELETED> <DELETED> (a) Project Funding Requirements.--</DELETED> <DELETED> (1) In general.--The Foundation shall--</DELETED> <DELETED> (A) fund eligible projects 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</DELETED> <DELETED> (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.</DELETED> <DELETED> (2) Eligible projects.--Eligible projects shall include projects that--</DELETED> <DELETED> (A) focus on supporting--</DELETED> <DELETED> (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</DELETED> <DELETED> (ii) other effective area-based conservation measures;</DELETED> <DELETED> (B) are cost-matched from sources other than the United States Government;</DELETED> <DELETED> (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;</DELETED> <DELETED> (D) incorporate a set of key performance indicators;</DELETED> <DELETED> (E) demonstrate robust local community engagement, with the completion of appropriate environmental and social due diligence, including-- </DELETED> <DELETED> (i) free, prior, and informed consent of Indigenous Peoples and consultation with relevant local communities;</DELETED> <DELETED> (ii) equitable governance structures;
and</DELETED> <DELETED> (iii) effective grievance mechanisms;</DELETED> <DELETED> (F) create economic opportunities for local communities, through activities such as-- </DELETED> <DELETED> (i) equity and profit- sharing;</DELETED> <DELETED> (ii) employment activities;
and</DELETED> <DELETED> (iii) other economic growth activities;</DELETED> <DELETED> (G) provide stable baseline funding for the effective management of the protected or conserved area project;</DELETED> <DELETED> (H) are implementation ready;
and</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) Eligible Countries.--</DELETED> <DELETED> (1) In general.--Before awarding any grants or entering into any project agreements for a given fiscal year, the Board shall conduct a review of countries in which the Foundation shall be eligible to fund projects to determine which countries--</DELETED> <DELETED> (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;</DELETED> <DELETED> (B) have--</DELETED> <DELETED> (i) a high degree of biological diversity;
or</DELETED> <DELETED> (ii) species or ecosystems of significant importance;
and</DELETED> <DELETED> (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, and other legally recognized forms of place-based conservation.</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) submit a report to the appropriate congressional committees that includes--</DELETED> <DELETED> (i) a list of all such eligible countries;
and</DELETED> <DELETED> (ii) a justification for such eligibility determinations;
and</DELETED> <DELETED> (B) publish the information contained in the report described in paragraph (A) in the Federal Register.</DELETED> <DELETED> (c) Grantmaking.--</DELETED> <DELETED> (1) In general.--In order to maximize its program effects, the Foundation should--</DELETED> <DELETED> (A) seek to coordinate with other international public and private donors to the extent possible;</DELETED> <DELETED> (B) seek additional financial and nonfinancial contributions and commitments for its projects from host governments;
and</DELETED> <DELETED> (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.</DELETED> <DELETED> (2) Grant criteria.--Foundation grants--</DELETED> <DELETED> (A) shall fund the management of well- defined protected or conserved areas and the systems of such conservation areas in eligible countries;</DELETED> <DELETED> (B) should provide adequate baseline funding for at least 10 years, 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;</DELETED> <DELETED> (C) should, during the grant period, demonstrate progress in achieving clearly identified key performance indicators (as defined in the grant agreement), which may include--</DELETED> <DELETED> (i) the protection of biological diversity;</DELETED> <DELETED> (ii) the protection of native flora and habitats, such as trees, forests, grasslands, mangroves, coral reefs, and sea grass;</DELETED> <DELETED> (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;</DELETED> <DELETED> (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</DELETED> <DELETED> (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</DELETED> <DELETED> (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.</DELETED> <DELETED>SEC.
8.
PROHIBITION OF SUPPORT IN COUNTRIES THAT SUPPORT TERRORISM OR VIOLATE HUMAN RIGHTS AND OF SUPPORT FOR SANCTIONED PERSONS.</DELETED> <DELETED> (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--</DELETED> <DELETED> (1) has repeatedly provided support for acts of international terrorism, as determined under--</DELETED> <DELETED> (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115-232);</DELETED> <DELETED> (B) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2371(a));</DELETED> <DELETED> (C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d));
or</DELETED> <DELETED> (D) any other relevant provision of law;
or</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED>SEC.
9.
ANNUAL REPORT.</DELETED> <DELETED> 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--</DELETED> <DELETED> (1) the goals of the Foundation;</DELETED> <DELETED> (2) the programs, projects, and activities supported by the Foundation;</DELETED> <DELETED> (3) private and governmental contributions to the Foundation;
and</DELETED> <DELETED> (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.</DELETED> <DELETED>SEC.
10.
AUTHORIZATION OF APPROPRIATIONS.</DELETED> <DELETED> (a) In General.--There are authorized to be appropriated to the Foundation $100,000,000 for each of the fiscal years 2024 through 2033 to carry out the purposes of this Act.</DELETED> <DELETED> (b) Cost Matching Requirement.--Amounts appropriated pursuant to subsection (a) may only be made available to grantees to the extent such grantees secure funding for an eligible project from sources other than the United States Government in an amount that is not less than the amount received in grants for such project pursuant to section 7.</DELETED> SECTION 1.
SHORT TITLE;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States Foundation for International Conservation Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as follows:
Sec.
1.
Short title;
table of contents.
Sec.
2.
Definitions.
Sec.
3.
United States Foundation for International Conservation.
Sec.
4.
Governance of the Foundation.
Sec.
5.
Corporate powers and obligations of the Foundation.
Sec.
6.
Safeguards and accountability.
Sec.
7.
Projects and grants.
Sec.
8.
Prohibition of support for certain governments.
Sec.
9.
Annual report.
Sec.
10.
Authorization of appropriations.
(1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on AppropriationsForeign Relations of the Senate;
(B) the Committee on ForeignAppropriations Relations of the Senate;
(C) the Committee on AppropriationsForeign Affairs of the House of Representatives;
and (D) the Committee on ForeignAppropriations Affairs of the House of Representatives.
(3) Director.--TheEligible country.--The term ``Director''``eligible means--country'' (A)means anany initialcountry memberdescribed ofin the Board appointed pursuant to section 4(a)(2)(C);7(b).
or(4) (B)Eligible aproject.--The memberterm of``eligible theproject'' Boardmeans selectedany toproject filldescribed ain vacancy pursuant to section 4(a)(3)(B).7(a)(2).
(4)(5) EligibleExecutive country.--Thedirector.--The term ``eligible``Executive country''Director'' means anythe Executive Director of the countriesFoundation describedhired inpursuant to section 7(b).4(b).
(5)(6) EligibleFoundation.--The project.--The term ``eligible``Foundation'' project'' means anythe ofUnited theStates projectsFoundation describedfor inInternational Conservation established pursuant to section 7(a)(2).3(a).
(6)(7) ExecutiveSecretary.--The director.--The term ``Executive``Secretary'' Director'' means the ExecutiveSecretary Director of theState. 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.
(a) Establishment.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish the United States Foundation for International Conservation.Conservation (referred to in this Act as the ``Foundation''), which shall be operated as a charitable, nonprofit corporation.
(3) Tax-exempt status.--The Board shall take all necessary and appropriate steps to ensure that the Foundation is an organization described in subsection (c) of section 501 of the Internal Revenue Code of 1986, which exemptsexempt the organization from taxation under subsection (a) of such section.
(4) Termination of operations.--The Foundation shall terminate operations on the date that is 10 years after the date on which itthe isFoundation establishedbecomes pursuantoperational, in accordance with-- (A) a plan for winding down the activities of the Foundation that the Board shall submit to paragraphthe (1).appropriate congressional committees not later than 180 days before such termination date;
(b)and Purposes.--The(B) purposes of the Foundationbylaws are--established (1)pursuant to promotesection effective,4(b)(13). long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries;
(2)(b) toPurposes.--The advocatepurposes for,of incentivize,the accept,Foundation andare-- administer(1) governmentalto andprovide nongovernmentalgrants funds,for includingthe donationsresponsible frommanagement theof privatedesignated sector,priority toprimarily increaseprotected theand availabilityconserved andareas predictabilityin ofeligible financingcountries forthat long-termhave managementa high degree of protectedbiodiversity or species and conservedecosystems areas;of significant ecological value;
(3)(2) to closepromote criticalresponsible, gapslong-term inmanagement publicof internationalprimarily conservationprotected effortsand by--conserved (A)areas increasingand privatetheir sectorcontiguous investment,buffer includingzones; investments from philanthropic entities;
(3) to incentivize, leverage, accept, and (B)effectively collaboratingadminister withgovernmental partnersand providingnongovernmental bilateralfunds, including donations from the private sector, to increase the availability and multilateralpredictability of financing tofor supportresponsible, enhancedlong-term coordination;management of primarily protected and conserved areas in eligible countries;
(4) to identifyhelp andclose financiallycritical supportgaps implementation-in readypublic projects--international (A)conservation thatefforts promote long-term management of protected and conserved areas and their contiguous buffer zones in eligible countries,countries includingby-- supporting(A) theincreasing managementprivate ofsector terrestrial,investment, coastal,including freshwater,investments andfrom marinephilanthropic protectedentities; areas, parks, community conservancies, indigenous reserves, conservation easements, and biological reserves;
and (B) thatcollaborating providewith effectivepartners area-basedproviding conservationbilateral measures,and consistentmultilateral withfinancing internationallyto recognizedsupport bestenhanced practicescoordination, including public and standardsprivate forfunders, environmentalpartner governments, local protected areas authorities, and socialprivate safeguards;and nongovernmental organization partners;
and (5) to coordinateidentify with, and otherwisefinancially support andviable assist,projects foreignthat-- governments,(A) privatepromote sectorresponsible, entities,long-term localmanagement communities,of Indigenousprimarily Peoples,protected and otherconserved stakeholdersareas and their contiguous buffer zones in undertakingeligible biodiversitycountries, conservationincluding activities--support (A)for tothe achievemanagement sustainableof biodiversityterrestrial, coastal, freshwater, and marine protected areas, parks, community conservancies, Indigenous reserves, conservation outcomes;easements, and biological reserves;
and (B) provide effective area-based conservation measures, consistent with best practices and standards for environmental and social safeguards;
and (6) to coordinate with, consult, and otherwise support and assist, governments, private sector entities, local communities, Indigenous Peoples, and other stakeholders in eligible countries in undertaking biodiversity conservation activities-- (A) to achieve measurable and enduring biodiversity conservation outcomes;
(c) Plan of Action.-- (1) In general.--Not later than 6 months after the establishment of the Foundation, the Executive Director shall submit for approval from the Board an initial 3-year Plan of Action to implement the purposes of this Act, including-- (A) a description of the priority actions to be undertaken by the Foundation over the proceeding 3-year period, including a timeline for implementation of such priority actions;
(B) descriptions of the processes and criteria by which-- (i) eligible countries, in which eligible projects may be selected to receive assistance under this Act, will be identified;
(ii) grant proposals for Foundation activities in eligible countries will be developed, evaluated, and selected;
and (iii) grant implementation will be monitored and evaluated;
(C) the projected staffing and budgetary requirements of the Foundation during the proceeding 3- year period.
(D) a plan to maximize commitments from private sector entities to fund the Foundation.
(2) Submission.--The Executive Director shall submit the initial Plan of Action to the appropriate congressional committees not later than 5 days after the Plan of Action is approved by the Board.
(3) Updates.--The Executive Director shall annually update the Plan of Action and submit each such updated plan to the appropriate congressional committees not later that 5 days after the update plan is approved by the Board.
(a) BoardExecutive ofDirector.--There Directors.--shall (1)be Governance.--Thein the Foundation shallan beExecutive governedDirector, bywho-- a(1) Boardshall ofmanage Directors.the Foundation;
and (2) Composition.--shall (A)report Into, general.--Theand Board shall be composedunder of-- (i) the Directorsdirect describedauthority, inof subparagraphthe (B);Board.
and(b) (ii)Board Appointedof DirectorsDirectors.-- described(1) inGovernance.--The subparagraphFoundation (C).shall be governed by a Board of Directors, which-- (A) shall perform the functions specified to be carried out by the Board under this Act;
and (B) Directors.--Themay followingprescribe, individuals,amend, orand designeesrepeal bylaws, rules, regulations, and procedures governing the manner in which the business of suchthe individuals,Foundation shallmay servebe asconducted Directors:and in which the powers granted to it by law may be exercised.
(i)(2) TheMembership.--The Board shall be composed of-- (A) the Secretary of State.State, the Administrator of the United States Agency for International Development, the Secretary of the Interior, the Chief of the United States Forest Service, and the Administrator of the National Oceanic and Atmospheric Administration, or the Senate-confirmed designees of such officials;
(ii)and The(B) Administrator8 other individuals, who shall be appointed by the Secretary, in consultation with the members of the UnitedBoard Statesdescribed Agencyin forsubparagraph International(A), Development.the Speaker and Minority Leader of the House of Representatives, and the President Pro Tempore and Minority Leader of the Senate, of whom-- (i) 4 members shall be private-sector donors making financial contributions to the Foundation;
(iii)and The(ii) Secretary4 members shall be independent experts who, in addition to meeting the qualification requirements described in paragraph (3), represent diverse points of view and diverse geographies, to the Interior.maximum extent practicable.
(iv)(3) TheQualifications.--Each Chiefmember of the UnitedBoard Statesappointed Forestpursuant Service.to paragraph (2)(B) shall be knowledgeable and experienced in matters relating to-- (A) international development;
(v)(B) Theprotected Administratorarea ofmanagement and the Nationalconservation Oceanicof global biodiversity, fish and Atmosphericwildlife, Administration.ecosystem restoration, adaptation, and resilience;
and (C) Appointedgrantmaking directors.--The Secretary, in consultationsupport with the other Directors described in subparagraph (B), shall appoint, as Directors of theinternational Board--conservation. (i) 4 private-sector committed donors;
and(4) (ii)Political affiliation.--Not more than 5 independentof expertsthe whomembers representappointed diverseto pointsthe ofBoard view,pursuant to paragraph (2)(B) may be affiliated with the maximumsame extentpolitical practicable.party.
(D)(5) Qualifications.--EachConflicts independentof expertinterest.--Any appointedindividual pursuantwith tobusiness subparagraphinterests, (C)financial shallholdings, or controlling interests in any entity that has sought support, or is receiving support, from the Foundation may not be knowledgeableappointed andto experiencedthe inBoard mattersduring relatingthe to--5- (i)year internationalperiod development;immediately preceding such appointment.
(ii)(6) protectedChairperson.--The areaBoard managementshall andelect, thefrom conservationamong ofits globalmembers, biodiversity,a fishChairperson, andwho wildlife,shall ecosystemserve restoration,for adaptation,a and2-year resilience;term.
and(7) (iii)Terms; grantmaking in support of international conservation.
(E)vacancies.-- Chairperson.--The(A) BoardTerms.-- shall(i) elect,In fromgeneral.--The amongterm itsof Directors,service aof Chairperson,each whomember of the Board appointed pursuant to paragraph (2)(B) shall servebe fornot amore 2-than year5 term.years.
(3)(ii) Terms;Initial appointed directors.--Of the initial members of the Board appointed pursuant to paragraph (2)(B)-- (I) 4 members, including at least 2 private-sector donors making financial contributions to the Foundation, shall serve for 4 years;
vacancies.--and (A)(II) Terms.--4 (i)members Inshall general.--Theserve termfor of5 serviceyears, ofas eachdetermined Directorby appointedthe pursuantChairperson toof paragraphthe (2)(C)Board. shall be not more than 5 years.
(ii)(B) InitialVacancies.--Any appointedvacancy directors.--Ofin the initialBoard-- Directors(i) appointedshall pursuantbe tofilled paragraphin (2)(C)--the (I)manner 5in Directors,which includingthe atoriginal leastappointment private-sectorwas committedmade; donors, shall serve for 4 years;
and (II)(ii) 4shall Directorsnot shallaffect servethe forpower 5of years,the asremaining determinedappointed bymembers of the ChairpersonBoard to execute the duties of the Board.
(B)(8) Vacancies.--AnyQuorum.--A vacancymajority inof the current membership of the appointedBoard, Directorsincluding of the Board--Secretary (i)or shall be filled in accordance with the bylawsSecretary's ofdesignee, theshall Foundationconstitute by a private-sectorquorum committedfor donor or an independent expert who meets the qualificationstransaction underof subparagraphFoundation (C)(ii)(A),business. as applicable, as represented by the vacating Director;
(ii)(9) shallMeetings.-- not(A) affectIn thegeneral.--The powerBoard ofshall themeet remainingnot appointedless Directorsfrequently tothan executeannually at the dutiescall of the Board;Chairperson.
andSuch (iii)meetings shallmay be filledin byperson, anvirtual, individualor selectedhybrid. by the Board.
(4)(B) Quorum.--AInitial majoritymeeting.--Not oflater thethan current60 membershipdays ofafter the Board is established pursuant to section 3(a), the Secretary of State shall constituteconvene a quorummeeting forof the transactionex- officio members of Foundationthe business.Board and the appointed members of the Board to incorporate the Foundation.
(5)(C) Meetings.--Removal.--Any (A)member Inof general.--Thethe Board shallappointed meetpursuant atto theparagraph call(2)(B) ofwho themisses Chairperson3 notconsecutive lessregularly frequentlyscheduled thanmeetings annually.may be removed by a majority vote of the Board.
(B)(10) InitialReimbursement meeting.--Notof laterexpenses.-- than(A) 60In daysgeneral.--Members afterof the Board isshall establishedserve pursuantwithout topay, sectionbut 3(a),may thebe Secretaryreimbursed shallfor convenethe aactual meetingand ofnecessary thetraveling ex-officioand Directorssubsistence andexpenses theincurred appointedin Directorsthe performance of the Boardduties toof incorporate the Foundation.
(C)(B) Removal.--AnyLimitation.--Expenses Directorincurred whooutside missesthe 3United consecutiveStates regularlymay scheduledbe meetingsreimbursed mayunder bethis removedparagraph fromif at least 2 members of the Board.Board concurrently incurred such expenses.
(6)Such Reimbursementreimbursements-- of(i) expenses.--Directorsshall ofbe theavailable Boardexclusively shallfor serveactual withoutcosts pay,incurred butby maymembers beof reimbursed for the actualBoard andup necessaryto travelingthe andpublished subsistencedaily expensesper incurreddiem inrate thefor performancelodging, ofmeals, theand dutiesincidentals; of the Foundation.
(7)and Not(ii) federal employees.--Appointment as a Director of the Board shall not constituteinclude employmentfirst-class, by,business-class, or thetravel holdingin ofany anclass officeother of,than theEconomy UnitedClass Statesor forCoach purposesClass. of any Federal law.
(8)(C) Duties.--TheOther Boardexpenses.--All shall--other (A)expenses, establishincluding bylawssalaries for officers and staff of the FoundationFoundation, inshall accordancebe withestablished paragraphby (9);a majority vote of the Board, as proposed by the Executive Director on no less than an annual basis.
(11) Not federal employees.--Appointment as a member of the Board and employment by the Foundation does not constitute employment by, or the holding of an office of, the United States for purposes of any Federal law.
(12) Duties.--The Board shall-- (A) establish bylaws for the Foundation in accordance with paragraph (13);
and (E) nottake lesssteps frequently than annually, consult and coordinate with stakeholders qualified to providelimit advice,the assistance,administrative andexpenses informationof regardingthe effectiveFoundation; protected and conserved area management.
(9)and Bylaws.--(F) (A)not Inless general.--Thefrequently bylawsthan establishedannually, pursuantconsult toand paragraphcoordinate (8)(A)with maystakeholders include--qualified (i)to policiesprovide foradvice, theassistance, selectionand ofinformation Directorsregarding ofeffective theprotected Board and officers,conserved employees,area agents,management. and contractors of the Foundation;
(ii)(13) policies,Bylaws.-- including(A) ethicalIn standards,general.--The for--bylaws (I)required theto acceptance,be solicitation,established andunder dispositionparagraph of(12)(A) donationsshall andinclude-- grants(i) tothe specific duties of the Foundation;Executive Director;
(ii) policies and (II)procedures for the dispositionselection of assetsmembers of the Board and officers, employees, agents, and contractors of the Foundation;
(iii) policiespolicies, thatincluding subjectethical allstandards, employees,for-- fellows,(I) trainees, and other agents of the Foundationacceptance, (includingsolicitation, ex-officio Directors and appointeddisposition Directors of thedonations Board)and grants to conflictthe ofFoundation; interest standards;
and (iv)(II) the specificdisposition dutiesof assets of the ExecutiveFoundation Director.upon the dissolution of the Foundation;
(iv) policies that subject all implementing partners, employees, fellows, trainees, and other agents of the Foundation (including ex- officio members of the Board and appointed members of the Board) to stringent ethical and conflict of interest standards;
(v) removal and exclusion procedures for implementing partners, employees, fellows, trainees, and other agents of the Foundation (including ex-officio members of the Board and appointed members of the Board) who fail to uphold the ethical and conflict of interest standards established pursuant to clause (iii);
(vi) policies for winding down the activities of the Foundation upon its dissolution, including a plan-- (I) to return unspent appropriations to the Treasury of the United States;
and (II) to donate unspent private and philanthropic contributions to projects that align with the goals and requirements described in section 7;
(vii) policies for vetting implementing partners and grantees to ensure the Foundation does not provide grants to for profit entities whose primary objective is activities other than conservation activities;
and (viii) clawback policies and procedures to be incorporated into grant agreements to ensure compliance with the policies referred to in clause (vii).
(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.
and (2) shallmay benot appointedserve withoutin regardthe toemploy theof provisionsany of--nongovernmental (A)organization, titleproject, 5,or Unitedperson Statesrelated Code,to governingor appointmentsaffiliated inwith any grantee of the competitiveFoundation service;while employed by the Foundation;
and(3) (B)may chapternot 51receive andcompensation subchapterfrom IIIany ofother chaptersource 53for ofwork suchperformed title,in relatingcarrying toout classificationthe andduties Generalof Schedulethe payFoundation rates.while employed by the Foundation;
(d)and Limitation(4) andshould Conflictsnot ofreceive Interests.--a (1)salary Politicalat participation.--Thea Foundationrate maythat notis participategreater orthan intervenethe inmaximum anyrate politicalof campaignbasic onpay behalfauthorized for positions at level I of anythe candidateExecutive forSchedule publicunder officesection in5312 anyof country.title 5, United States Code.
(2)(d) FinancialLimitation interests.--Anyand DirectorConflicts of theInterests.-- Board(1) orPolitical officerparticipation.--The or employee of the Foundation ismay prohibitednot-- from participating, directly or indirectly, in the consideration or determination of any question before the Foundation affecting-- (A) thelobby financialfor interestspolitical of such Director, officer, or employee;policy issues;
andor (B) theparticipate interests of any corporation, partnership, entity, or organizationintervene in whichany suchpolitical Director,campaign officer,in or employee has any fiduciarycountry. obligation or direct or indirect financial interest.
(2) Financial interests.--As determined by the Board and set forth in the bylaws established pursuant to subsection (b)(13), and consistent with best practices, any member of the Board or officer or employee of the Foundation shall be prohibited from participating, directly or indirectly, in the consideration or determination of any question before the Foundation affecting-- (A) the financial interests of such member of the Board, or officer or employee of the Foundation, not including such member's Foundation expenses and compensation;
and (B) the interests of any corporation, partnership, entity, or organization in which such member of the Board, officer, or employee has any fiduciary obligation or direct or indirect financial interest.
(3) Recusals.--Any member of the Board that has a business, financial, or familial interest in an organization or community seeking support from the Foundation shall recuse himself or herself from all deliberations, meetings, and decisions concerning the consideration and decision relating to such support.
(4) Project ineligibility.--The Foundation may not provide support to individuals or entities with business, financial, or familial ties to-- (A) a current member of the Board;
or (B) a former member of the Board during the 5-year period immediately following the last day of the former member's term on the Board.
(a) General Authority.-- (1) In general.--The Foundation-- (A) shallmay haveconduct perpetualbusiness successionin unlessforeign dissolvedcountries; by an Act of Congress;
(B) mayshall conducthave businessits throughoutprincipal theoffices States,in territories, and possessions of the UnitedWashington, StatesDC, andmetropolitan inarea; foreign countries;
and (C) shall havecontinuously itsmaintain principala officesdesignated agent in the Washington, DCDC, metropolitanwho area;is authorized to accept notice or service of process on behalf of the Foundation.
(2) Notice and (D)service shallof continuouslyprocess.--The maintainserving aof designatednotice agentto, inor Washington,service DCof whoprocess isupon, authorizedthe agent referred to acceptin noticeparagraph (1)(C), or servicemailed ofto processthe onbusiness behalfaddress of such agent, shall be deemed as service upon, or notice to, the Foundation.
(2)(3) NoticeAudits.--The andFoundation serviceshall ofbe process.--Thesubject servingto ofthe noticegeneral to,audit orauthority service of process upon, the agentComptroller referredGeneral toof inthe paragraphUnited (1)(D),States orunder mailedsection to3523 the business address of suchtitle agent,31, shallUnited beStates deemedCode. as service upon, or notice to, the Foundation.
(3)(b) Seal.--TheAuthorities.--In Foundationaddition to powers explicitly authorized under this Act, the Foundation, in order to carry out the purposes described in section 3(b), shall have anthe officialusual seal,powers whichof shalla becorporation selectedheadquartered byin Washington, DC, including the Boardauthority-- (1) to accept, receive, solicit, hold, administer, and judiciallyuse noticed.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;
(b)(2) Authorities.--In addition to powersacquire explicitlyby authorizeddonation, 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, orpurchase, bequest, either absolutely or inexchange trust,any or real or personal property or anyinterest incomein derived from such giftproperty orlocated property, or other interest in suchthe giftUnited orStates; property;
(2)(3) tounless acquireotherwise required by donation,the gift,instrument devise,of purchase,transfer, orto exchangesell, anydonate, reallease, invest, reinvest, retain, or personalotherwise dispose of any property or interestincome inderived from such property;property located in the United States;
(3)(4) unlessto otherwisecomplain requiredand bydefend theitself instrumentin ofany transfer,court toof sell,competent donate,jurisdiction lease,(except invest,that reinvest,the retain,members orof otherwisethe disposeBoard ofshall anynot propertybe orpersonally incomeliable, derivedexcept fromfor suchgross property;negligence);
(4)(5) to borrowenter moneyinto contracts or other arrangements with public agencies, private organizations, and issuepersons bonds,and debentures,to ormake othersuch debtpayments instruments;as may be necessary to carry out the purposes of such contracts or arrangements;
(5) to complain and defend(6) itselfto inaward anygrants courtfor ofeligible competentprojects, jurisdictionin (exceptaccordance thatwith thesection Directors7. of the Board shall not be personally liable, except for gross negligence);
(6)(c) toLimitation enterof intoPublic contractsLiability.--The orUnited otherStates arrangementsshall withnot publicbe agencies,liable privatefor organizations,any anddebts, personsdefaults, andacts, toor makeomissions suchof payments as may be necessary to carry out the purposesFoundation. of such contracts or arrangements;
andThe (7)Federal toGovernment awardshall grantsbe forheld eligibleharmless projects,from inany accordancedamages withor sectionawards 7.ordered by a court against the Foundation.
(c) Property Interests.-- (1) Interest in real property.--In this subsection, the term ``interest in real property'' includes-- (A) mineral and water rights;
(B) rights of way;
and (C) easements appurtenant or in gross.
(2) In general.--The Foundation may acquire, hold, and dispose of lands, waters, and other interests in real property by donation, gift, devise, purchase, or exchange.
(3) Limits to property rights.--A gift, devise, or bequest may be accepted by the Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest therein is for the benefit of the Foundation.
(d) Federal Funds.-- (1) In general.--The Foundation may-- (A) hold Federal funds made available, but not immediately disbursed;
and (B) use any interest or other investment income earned on such Federal funds to carry out the purposes of the Foundation under this Act.
(2) Limitation.--Investments made pursuant to paragraph (1)(B) may only be made in-- (A) interest-bearing obligations of the United States;
or (B) obligations guaranteed as to both principal and interest by the United States.
(e) Limitation of Public Liability.--The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation.
(a) Safeguards.--The Foundation shall develop, and incorporate into any agreement for support provided by the Foundation, appropriate safeguards, policies, and guidelines, consistent with internationallyUnited recognizedStates law and best practices and standards for environmental and social safeguards.
(b) Independent Accountability Mechanism.-- (1) In general.--The FoundationSecretary, or the Secretary's designee, shall establish a transparent and independent accountability mechanism, consistent with best practices, 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 and remedying 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 FoundationBoard 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);(1)(A) and the nature and resolution of any complaint;
(B)(i) have permanent staffstaff, led by an independent accountability official, to conduct compliance reviews and dispute resolutions;resolutions and perform advisory functions;
orand (ii) maintain a roster of experts to serve such roles, to the extent needed;
(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.
(d) Annual Review.--The Secretary shall, periodically, but not less frequent than annually, review assistance provided by the Foundation for the purpose of implementing section 3(b) to ensure consistency with the provisions under section 620M of Foreign Assistance Act of 1961 (22 U.S.C.
2378d).
(a) Project Funding Requirements.-- (1) In general.--The Foundation shall-- (A) fundprovide grants to support eligible projects described in paragraph (3) that supportadvance its mission to provideenable long-term funding for the effective management of primarily protected and conserved areas and their contiguous buffer zones in eligible countries;
and (B) recognizeadvance theeffective importance of a landscape or seascape approachapproaches to conservation that includesinclude buffer zones, wildlife dispersal and corridor areas, and other effective area-based conservation measures.measures;
(2)and Eligible(C) projects.--Eligiblenot projectspurchase, shallown, include projects that-- (A) focus on supporting-- (i) long-term management of protected or conservedlease areasland, 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, andin biologicaleligible reserves;countries.
(2) Eligible entities.--Eligible entities shall include-- (A) not-for-profit organizations with demonstrated expertise in protected and conserved area management and economic development;
(B) governments of eligible partner countries, as determined by subsection (b), with the exception of governments and government entities that are prohibited from receiving grants from the Foundation pursuant to section 8;
and (C) Indigenous and local communities in such eligible countries.
(3) Eligible projects.--Eligible projects shall include projects that-- (A) focus on supporting-- (i) transparent and effective long-term management of primarily 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;
(B) are cost-matched at a ratio of not less than $2 from sources other than the United States Government;for every $1 made available under this Act;
(C) haveare hostsubject countryto andlong-term localbinding populationmemoranda support,of asunderstanding evidencedwith bythe agovernments long-termof bindingeligible memorandumcountries ofand understandinglocal signedcommunities-- by(i) theto hostensure government that respectslocal free,populations prior,have access, resource management responsibilities, and informedthe consentability ofto pursue permissible, sustainable economic activity on affected communities;lands;
(D)and incorporate(ii) athat setmay ofbe keysigned performanceby indicators;governments in such eligible countries to ensure free, prior, and informed consent of affected communities;
(E)(D) demonstrateincorporate robusta localset community engagement, with the completion of appropriatekey environmentalperformance and socialimpact dueindicators; diligence, including-- (i) free, prior, and informed consent of Indigenous Peoples and consultation with relevant local communities;
(ii)(E) equitabledemonstrate governancerobust structures;local community engagement, with the completion of appropriate environmental and social due diligence, including-- (i) free, prior, and informed consent of Indigenous Peoples and relevant local communities;
(ii) inclusive governance structures;
(F) create economic opportunities for local communities, throughincluding activitiesthrough-- such as-- (i) equity and profit-sharing;
(ii) employmentcooperative activities;management of natural resources;
and (iii) otheremployment economic growth activities;
(G)and provide(iv) stableother baselinerelated fundingeconomic forgrowth theactivities; effective management of the protected or conserved area project;
(H)(G) areleverage implementationstable ready;baseline funding for the effective management of the primarily protected or conserved area project;
and (I)(H) where possible, demonstrate a plan to strengthen the capacityextent of,possible-- and(i) transferare skillsviable to,and localprepared institutionsfor toimplementation; manage the protected or conserved area before or after grant funding is exhausted.
(b)and Eligible(ii) Countries.--demonstrate (1) In general.--Before awarding any grants or entering into any project agreements for a givenplan fiscalto year,strengthen the Boardcapacity shallof, conductand atransfer reviewskills ofto, countrieslocal ininstitutions which the Foundation shall be eligible to fundmanage projectsthe toprimarily determineprotected whichor countries--conserved (A)area arebefore low-income, lower-middle-income, or upper-after middle-incomegrant economiesfunding (asis definedexhausted. by the International Bank for Reconstruction and Development and the International Development Association;
(B)(b) have--Eligible (i)Countries.-- a(1) highIn degreegeneral.--Pursuant to the Plan of biologicalAction diversity;required under section 3(c), and before awarding any grants or entering into any project agreements for any fiscal year, the Board shall conduct a review to identify eligible countries in which the Foundation may fund projects.
orSuch (ii)review speciesshall consider countries that-- (A) are low-income, lower middle-income, or ecosystemsupper- ofmiddle-income significanteconomies importance;(as defined by the International Bank for Reconstruction and Development and the International Development Association);
and(B) (C)have-- have(i) demonstrated a commitmenthigh todegree conservation through actions, such as protecting lands and waters through the gazettement of nationalthreatened parks,or communityat-risk conservancies,biological marinediversity; reserves and protected areas, forest reserves, and other legally recognized forms of place-based conservation.
(2)or Identification(ii) ofspecies eligibleor countries.--Notecosystems laterof thansignificant 5importance, daysincluding afterthreatened theor dateendangered onspecies whichor theecosystems Boardat determinesrisk 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 alldegradation suchor eligibledestruction; countries;
and(C) (ii)have demonstrated a justificationcommitment forto conservation through verifiable actions, such eligibilityas determinations;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;
and (B)(D) publishare thenot informationineligible containedto inreceive theUnited reportStates describedforeign inassistance paragraphpursuant (A)to inany theother Federalprovision Register.of law, including laws identified in section 8.
(c)(2) Grantmaking.--Identification (1)of Ineligible general.--Incountries.--Not orderlater than 5 days after the date on which the Board determines which countries are eligible to maximizereceive itsassistance programunder effects,this Act for a fiscal year, the FoundationExecutive should--Director shall-- (A) seeksubmit a report to coordinatethe withappropriate othercongressional internationalcommittees publicthat andincludes-- private(i) donorsa tolist of all such eligible countries, as determined through the extentreview possible;process described in paragraph (1);
(B)and seek(ii) additionala financialdetailed andjustification nonfinancialfor contributionseach andsuch commitmentseligibility fordetermination, itsincluding-- projects(I) froman hostanalysis governments;of why the eligible country would be suitable for partnership;
and(II) (C)an striveevaluation toof generatethe aeligible partnershippartner mentalitycountry's amonginterest allin participants,and includingability publicto andparticipate privatemeaningfully funders,in hostproposed governments,Foundation localactivities, protectedincluding areasan authorities,evaluation andof privatesuch andeligible nongovernmentalcountry's organizationprospects partners.to substantially benefit from Foundation assistance;
(2)(III) Grantan criteria.--Foundationestimation grants-- (A) shall fund the management of well-definedeach protected or conserved areas and the systems of such conservationeligible areaspartner incountry's eligiblecommitment countries;to conservation;
(B)and should(IV) providean adequateassessment baselineof fundingthe forcapacity atand leastwillingness 10of years,the withouteligible replacingcountry orto duplicatingenact existingor baselineimplement funding,reforms for each protected and conserved area and the system that supportsmight thatbe areanecessary in an amount sufficient to maintainmaximize the effectiveimpact managementand effectiveness of theFoundation areasupport; over the long term;
(C)and should,(B) duringpublish the grantinformation period,contained demonstrate progress in achievingthe clearlyreport identifieddescribed keyin performancesubparagraph indicators(A) (as defined in the grantFederal agreement),Register. which may include-- (i) the protection of biological diversity;
(ii)(c) theGrantmaking.-- protection(1) ofIn nativegeneral.--In floraorder andto habitats,maximize suchprogram aseffectiveness, trees,the forests,Foundation grasslands,shall-- mangroves,(A) coralcoordinate reefs,with other international public and seaprivate grass;donors to the greatest extent practicable and appropriate;
(iii)(B) community-basedseek economicadditional growthfinancial indicators,and suchnonfinancial ascontributions improvedand landcommitments tenure,for increasesits inprojects beneficiaries participating in economic growth activities, and sufficient income from conservationgovernments activities being directed to communities in projecteligible areas;countries;
(iv)(C) improvedstrive managementto ofgenerate thea protectedpartnership ormentality conservedamong areaall coveredparticipants, byincluding thepublic project,and asprivate documentedfunders, throughhost thegovernments, submissionlocal ofprotected strategicareas plansauthorities, orand annualprivate reportsand tonongovernmental theorganization Foundation;partners;
and(D) (v)prioritize theinvestments identificationin ofcommunities additionalwith revenuelow sourceslevels orof sustainableeconomic financingdevelopment mechanisms to meet the recurringgreatest costsextent ofpracticable managementand ofappropriate; the protected or conserved areas;
and (D)(E) mayconsider be terminated if the Boardeligible determinespartner thatcountry's theplanned projectand isdedicated notresources meetingto applicablethe requirementsproposed underproject thisand Act or making progress in achieving the keyeligible performanceentity's indicatorsability definedto insuccessfully implement the grantproject. agreement.
(2) Grant criteria.--Foundation grants-- (A) shall fund eligible projects that enhance the management of well-defined primarily protected or conserved areas and the systems of such conservation areas in eligible countries;
(B) should support adequate baseline funding for eligible projects in eligible countries to be sustained for not less than 10 years;
(C) should, during the grant period, demonstrate progress in achieving clearly defined 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 related economic growth activities, and sufficient income from conservation activities being directed to communities in project areas;
(iv) improved management of the primarily 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 primarily protected or conserved areas;
and (D) shall be terminated if the Board determines that the project is not-- (i) meeting applicable requirements under this Act;
or (ii) making progress in achieving the key performance indicators defined in the grant agreement.
PROHIBITION OF SUPPORT IN COUNTRIES THAT SUPPORT TERRORISM OR VIOLATE HUMAN RIGHTS AND OF SUPPORT FOR SANCTIONEDCERTAIN PERSONS.GOVERNMENTS.
(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 (subtitle(22 BU.S.C. of title XVII of Public Law 115-232);
4813(c)(1)(A)(i));
or (2) has engagedbeen inidentified apursuant consistentto 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.law;
or (3) has failed the ``control of corruption'' indicator, as determined by the Millennium Challenge Corporation, within any of the preceding 3 years of the intended grant;
(a) InAuthorization.--In General.--Thereaddition areto amounts authorized to be appropriated to thecarry Foundationout $100,000,000international forconservation eachand ofbiodiversity theprograms fiscalunder yearspart 2024I throughand 2033chapter to4 carryof outpart II of the purposesForeign Assistance Act of this1961 Act.(22 U.S.C.
(b)2151 Costet Matchingseq.), Requirement.--Amountsand appropriatedsubject pursuant to subsectionthe (a)limitations mayset onlyforth bein madesubsections available(b) toand grantees(c), tothere theis extentauthorized suchto granteesbe secureappropriated fundingto forthe anFoundation eligibleto projectcarry fromout sources other than the Unitedpurposes Statesof Governmentthis inAct-- an(1) amount$1,000,000 that is not less than the amount received in grants for suchfiscal projectyear pursuant2025; to section 7.
<all>and (2) not more than $100,000,000 for each of the fiscal years through 2034.
(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) Administrative Costs.--The administrative costs of the Foundation shall come from sources other than the United States Government.
(d) Prohibition on Use of Grant Amounts for Lobbying Expenses.-- Amounts provided as a grant by the Foundation pursuant to section 7 may not be used for any activity intended to influence legislation pending before the Congress of the United States.
Calendar No.
368 118th CONGRESS 2d Session S.
618 _______________________________________________________________________ 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.
_______________________________________________________________________ May 7, 2024 Reported with an amendment
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- Reported Reported to Senate Current html May 07, 2024
- Introduced Introduced in Senate html March 01, 2023
Action History
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Introduced in Senate
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Read twice and referred to the Committee on Foreign Relations.
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Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
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Committee on Foreign Relations. Reported by Senator Cardin with an amendment in the nature of a substitute. Without written report.
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Committee on Foreign Relations. Reported by Senator Cardin with an amendment in the nature of a substitute. Without written report.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 368.
Sponsors
- Christopher A. Coons · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Coons, Christopher A. Democratic
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors S 618?
- S 618 is sponsored by Coons, Christopher A. (Democratic).
- What is the current status of S 618?
- This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track S 618?
- Track S 618 free on One Click Politics — get push/email alerts when it moves.
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