```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 88 Introduced in House (IH)]

110th CONGRESS
  2d Session
H. J. RES. 88

Amending the Food, Conservation, and Energy Act of 2008 to reinsert the 
 trade title contained in the conference report to accompany H.R. 2419 
                of the 110th Congress (Report 110-627).

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2008

 Mr. Peterson of Minnesota introduced the following joint resolution; 
which was referred to the Committee on Foreign Affairs, and in addition 
   to the Committee on Agriculture, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                            JOINT RESOLUTION

 
Amending the Food, Conservation, and Energy Act of 2008 to reinsert the 
 trade title contained in the conference report to accompany H.R. 2419 
                of the 110th Congress (Report 110-627).

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That, effective on the date of 
the enactment of the Food, Conservation, and Energy Act of 2008, the 
Food, Conservation, and Energy Act of 2008 is amended by inserting 
after title II the following new title:

                           ``TITLE III--TRADE

                    ``Subtitle A--Food for Peace Act

``SEC. 3001. SHORT TITLE.

    ``(a) In General.--Section 1 of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1691 note; 104 Stat. 3633) is 
amended by striking `Agricultural Trade Development and Assistance Act 
of 1954' and inserting `Food for Peace Act'.
    ``(b) Conforming Amendments.--
            ``(1) In general.--Each provision of law described in 
        paragraph (2) is amended--
                    ``(A) by striking `Agricultural Trade Development 
                and Assistance Act of 1954' each place it appears and 
                inserting `Food for Peace Act'; and
                    ``(B) in each section heading, by striking 
                `AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF 
                1954' each place it appears and inserting `FOOD FOR 
                PEACE ACT'.
            ``(2) Provisions of law.--The provisions of law referred to 
        in paragraph (1) are the following:
                    ``(A) The Agriculture and Food Act of 1981 (Public 
                Law 97-98; 95 Stat. 1213).
                    ``(B) The Agricultural Act of 1949 (7 U.S.C. 1421 
                et seq.).
                    ``(C) Section 9(a) of the Military Construction 
                Codification Act (7 U.S.C. 1704c).
                    ``(D) Section 201 of the Africa: Seeds of Hope Act 
                of 1998 (7 U.S.C. 1721 note; Public Law 105-385).
                    ``(E) The Bill Emerson Humanitarian Trust Act (7 
                U.S.C. 1736f-1 et seq.).
                    ``(F) The Food for Progress Act of 1985 (7 U.S.C. 
                1736o).
                    ``(G) Section 3107 of the Farm Security and Rural 
                Investment Act of 2002 (7 U.S.C. 1736o-1).
                    ``(H) Sections 605B and 606C of the Act of August 
                28, 1954 (commonly known as the `Agricultural Act of 
                1954') (7 U.S.C. 1765b, 1766b).
                    ``(I) Section 206 of the Agricultural Act of 1956 
                (7 U.S.C. 1856).
                    ``(J) The Agricultural Competitiveness and Trade 
                Act of 1988 (7 U.S.C. 5201 et seq.).
                    ``(K) The Agricultural Trade Act of 1978 (7 U.S.C. 
                5601 et seq.).
                    ``(L) The Export-Import Bank Act of 1945 (12 U.S.C. 
                635 et seq.).
                    ``(M) Section 301 of title 13, United States Code.
                    ``(N) Section 8 of the Endangered Species Act of 
                1973 (16 U.S.C. 1537).
                    ``(O) Section 604 of the Enterprise for the 
                Americas Act of 1992 (22 U.S.C. 2077).
                    ``(P) Section 5 of the International Health 
                Research Act of 1960 (22 U.S.C. 2103).
                    ``(Q) The Foreign Assistance Act of 1961 (22 U.S.C. 
                2151 et seq.).
                    ``(R) The Horn of Africa Recovery and Food Security 
                Act (22 U.S.C. 2151 note; Public Law 102-274).
                    ``(S) Section 105 of the Mutual Educational and 
                Cultural Exchange Act of 1961 (22 U.S.C. 2455).
                    ``(T) Section 35 of the Foreign Military Sales Act 
                (22 U.S.C. 2775).
                    ``(U) The Support for East European Democracy 
                (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
                    ``(V) Section 1707 of the Cuban Democracy Act of 
                1992 (22 U.S.C. 6006).
                    ``(W) The Cuban Liberty and Democratic Solidarity 
                (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.).
                    ``(X) Section 902 of the Trade Sanctions Reform and 
                Export Enhancement Act of 2000 (22 U.S.C. 7201).
                    ``(Y) Chapter 553 of title 46, United States Code.
                    ``(Z) Section 4 of the Strategic and Critical 
                Materials Stock Piling Act (50 U.S.C. 98c).
                    ``(AA) The Food, Agriculture, Conservation, and 
                Trade Act of 1990 (Public Law 101-624; 104 Stat. 3359).
                    ``(BB) Section 738 of the Agriculture, Rural 
                Development, Food and Drug Administration, and Related 
                Agencies Appropriations Act, 2001 (Public Law 106-387; 
                114 Stat. 1549A-34).
    ``(c) References.--Any reference in any Federal, State, tribal, or 
local law (including regulations) to the `Agricultural Trade 
Development and Assistance Act of 1954' shall be considered to be a 
reference to the `Food for Peace Act'.

``SEC. 3002. UNITED STATES POLICY.

    ``Section 2 of the Food for Peace Act (7 U.S.C. 1691) is amended--
            ``(1) by striking paragraph (4); and
            ``(2) by redesignating paragraphs (5) and (6) as paragraphs 
        (4) and (5), respectively.

``SEC. 3003. FOOD AID TO DEVELOPING COUNTRIES.

    ``Section 3(b) of the Food for Peace Act (7 U.S.C. 1691a(b)) is 
amended by striking `(b)' and all that follows through paragraph (1) 
and inserting the following:
    ```(b) Sense of Congress.--It is the sense of Congress that--
            ```(1) in negotiations at the Food Aid Convention, the 
        World Trade Organization, the United Nations Food and 
        Agriculture Organization, and other appropriate venues, the 
        President shall--
                    ```(A) seek commitments of higher levels of food 
                aid by donors in order to meet the legitimate needs of 
                developing countries;
                    ```(B) ensure, to the maximum extent practicable, 
                that humanitarian nongovernmental organizations, 
                recipient country governments, charitable bodies, and 
                international organizations shall continue--
                            ```(i) to be eligible to receive resources 
                        based on assessments of need conducted by those 
                        organizations and entities; and
                            ```(ii) to implement food aid programs in 
                        agreements with donor countries; and
                    ```(C) ensure, to the maximum extent practicable, 
                that options for providing food aid for emergency and 
                nonemergency needs shall not be subject to limitation, 
                including in-kind commodities, provision of funds for 
                agricultural commodity procurement, and monetization of 
                commodities, on the condition that the provision of 
                those commodities or funds--
                            ```(i) is based on assessments of need and 
                        intended to benefit the food security of, or 
                        otherwise assist, recipients, and
                            ```(ii) is provided in a manner that avoids 
                        disincentives to local agricultural production 
                        and marketing and with minimal potential for 
                        disruption of commercial markets; and'.

``SEC. 3004. TRADE AND DEVELOPMENT ASSISTANCE.

    ``(a) Title I of the Food for Peace Act (7 U.S.C. 1701 et seq.) is 
amended in the title heading, by striking `TRADE AND DEVELOPMENT 
ASSISTANCE' and inserting `ECONOMIC ASSISTANCE AND FOOD SECURITY'.
    ``(b) Section 101 of the Food for Peace Act (7 U.S.C. 1701) is 
amended in the section heading, by striking `TRADE AND DEVELOPMENT 
ASSISTANCE' and inserting `ECONOMIC ASSISTANCE AND FOOD SECURITY'.

``SEC. 3005. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRIVATE 
              ENTITIES.

    ``Section 102 of the Food for Peace Act (7 U.S.C. 1702) is 
amended--
            ``(1) in subsection (a)--
                    ``(A) by striking paragraph (1); and
                    ``(B) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
            ``(2) by striking subsection (c).

``SEC. 3006. USE OF LOCAL CURRENCY PAYMENTS.

    ``Section 104(c) of the Food for Peace Act (7 U.S.C. 1704(c)) is 
amended--
            ``(1) in the matter preceding paragraph (1), by inserting 
        `, through agreements with recipient governments, private 
        voluntary organizations, and cooperatives,' after `developing 
        country';
            ``(2) by striking paragraph (1);
            ``(3) in paragraph (2)--
                    ``(A) in subparagraph (C), by striking `and' at the 
                end;
                    ``(B) in subparagraph (D), by striking the period 
                at the end and inserting `; and'; and
                    ``(C) by adding at the end the following:
                    ```(E) the improvement of the trade capacity of the 
                recipient country.';
            ``(4) in paragraph (3), by striking `agricultural business 
        development and agricultural trade expansion' and inserting 
        `development of agricultural businesses and agricultural trade 
        capacity';
            ``(5) in paragraph (4), by striking `, or otherwise' and 
        all that follows through `United States';
            ``(6) in paragraph (5), by inserting `to promote 
        agricultural products produced in appropriate developing 
        countries' after `trade fairs'; and
            ``(7) by redesignating paragraphs (2) through (9) as 
        paragraphs (1) through (8), respectively.

``SEC. 3007. GENERAL AUTHORITY.

    ``Section 201 of the Food for Peace Act (7 U.S.C. 1721) is 
amended--
            ``(1) by striking paragraph (1) and inserting the 
        following:
            ```(1) address famine and food crises, and respond to 
        emergency food needs, arising from man-made and natural 
        disasters;';
            ``(2) in paragraph (5)--
                    ``(A) by inserting `food security and support' 
                after `promote'; and
                    ``(B) by striking `; and' and inserting a 
                semicolon;
            ``(3) in paragraph (6), by striking the period at the end 
        and inserting `; and'; and
            ``(4) by adding at the end the following:
            ```(7) promote economic and nutritional security by 
        increasing educational, training, and other productive 
        activities.'.

``SEC. 3008. PROVISION OF AGRICULTURAL COMMODITIES.

    ``Section 202 of the Food for Peace Act (7 U.S.C. 1722) is 
amended--
            ``(1) in subsection (b)(2), by striking `may not deny a 
        request for funds' and inserting `may not use as a sole 
        rationale for denying a request for funds';
            ``(2) in subsection (e)(1)--
                    ``(A) in the matter preceding subparagraph (A), by 
                striking `not less than 5 percent nor more than 10 
                percent' and inserting `not less than 7.5 percent nor 
                more than 13 percent';
                    ``(B) in subparagraph (A), by striking `; and' and 
                inserting a semicolon;
                    ``(C) in subparagraph (B), by striking the period 
                at the end and inserting `; and'; and
                    ``(D) by adding at the end the following:
                    ```(C) improving and implementing methodologies for 
                food aid programs, including needs assessments (upon 
                the request of the Administrator), monitoring, and 
                evaluation.'; and
            ``(3) by striking subsection (h) and inserting the 
        following:
    ```(h) Food Aid Quality.--
            ```(1) In general.--The Administrator shall use funds made 
        available for fiscal year 2009 and subsequent fiscal years to 
        carry out this title--
                    ```(A) to assess the types and quality of 
                agricultural commodities and products donated for food 
                aid;
                    ```(B) to adjust products and formulations 
                (including the potential introduction of new 
                fortificants and products) as necessary to cost-
                effectively meet nutrient needs of target populations; 
                and
                    ```(C) to test prototypes.
            ```(2) Administration.--The Administrator--
                    ```(A) shall carry out this subsection in 
                consultation with and through independent entities with 
                proven expertise in food aid commodity quality 
                enhancements;
                    ```(B) may enter into contracts to obtain the 
                services of such entities; and
                    ```(C) shall consult with the Food Aid Consultative 
                Group on how to carry out this subsection.
            ```(3) Funding limitation.--Of the funds made available 
        under section 207(f), for fiscal years 2009 through 2011, not 
        more than $4,500,000 may be used to carry out this 
        subsection.'.

``SEC. 3009. GENERATION AND USE OF CURRENCIES BY PRIVATE VOLUNTARY 
              ORGANIZATIONS AND COOPERATIVES.

    ``Section 203(b) of the Food for Peace Act (7 U.S.C. 1723(b)) is 
amended by striking `1 or more recipient countries' and inserting `in 1 
or more recipient countries'.

``SEC. 3010. LEVELS OF ASSISTANCE.

    ``Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is 
amended--
            ``(1) in paragraph (1), by striking `2002 through 2007' and 
        inserting `2008 through 2012'; and
            ``(2) in paragraph (2), by striking `2002 through 2007' and 
        inserting `2008 through 2012'.

``SEC. 3011. FOOD AID CONSULTATIVE GROUP.

    ``Section 205 of the Food for Peace Act (7 U.S.C. 1725) is 
amended--
            ``(1) in subsection (b)--
                    ``(A) in paragraph (5), by striking `and' at the 
                end;
                    ``(B) in paragraph (6), by striking the period and 
                inserting `; and'; and
                    ``(C) by inserting at the end the following:
            ```(7) representatives from the maritime transportation 
        sector involved in transporting agricultural commodities 
        overseas for programs under this Act.'; and
            ``(2) in subsection (f), by striking `2007' and inserting 
        `2012'.

``SEC. 3012. ADMINISTRATION.

    ``Section 207 of the Food for Peace Act (7 U.S.C. 1726a) is 
amended--
            ``(1) in subsection (a)(3), by striking `and the conditions 
        that must be met for the approval of such proposal';
            ``(2) in subsection (c), by striking paragraph (3);
            ``(3) by striking subsection (d) and inserting the 
        following:
    ```(d) Timely Provision of Commodities.--The Administrator, in 
consultation with the Secretary, shall develop procedures that ensure 
expedited processing of commodity call forwards in order to provide 
commodities overseas in a timely manner and to the extent feasible, 
according to planned delivery schedules.'; and
            ``(4) by adding at the end the following:
    ```(f) Program Oversight, Monitoring, and Evaluation.--
            ```(1) Duties of administrator.--The Administrator, in 
        consultation with the Secretary, shall establish systems and 
        carry out activities--
                    ```(A) to determine the need for assistance 
                provided under this title; and
                    ```(B) to improve, monitor, and evaluate the 
                effectiveness and efficiency of the assistance provided 
                under this title to maximize the impact of the 
                assistance.
            ```(2) Requirements of systems and activities.--The systems 
        and activities described in paragraph (1) shall include--
                    ```(A) program monitors in countries that receive 
                assistance under this title;
                    ```(B) country and regional food aid impact 
                evaluations;
                    ```(C) the identification and implementation of 
                best practices for food aid programs;
                    ```(D) the evaluation of monetization programs;
                    ```(E) early warning assessments and systems to 
                help prevent famines; and
                    ```(F) upgraded information technology systems.
            ```(3) Implementation report.--Not later than 180 days 
        after the date of enactment of the Food, Conservation, and 
        Energy Act of 2008, the Administrator shall submit to the 
        appropriate committees of Congress a report on efforts 
        undertaken by the Administrator to conduct oversight of 
        nonemergency programs under this title.
            ```(4) Government accountability office report.--Not later 
        than 270 days after the date of submission of the report under 
        paragraph (3), the Comptroller General of the United States 
        shall submit to the appropriate committees of Congress a report 
        that contains--
                    ```(A) a review of, and comments addressing, the 
                report described in paragraph (3); and
                    ```(B) recommendations relating to any additional 
                actions that the Comptroller General of the United 
                States determines to be necessary to improve the 
                monitoring and evaluation of assistance provided under 
                this title.
            ```(5) Contract authority.--
                    ```(A) In general.--Subject to subparagraphs (B) 
                and (C), in carrying out administrative and management 
                activities relating to each activity carried out by the 
                Administrator under paragraph (1), the Administrator 
                may enter into contracts with 1 or more individuals for 
                personal service to be performed in recipient countries 
                or neighboring countries.
                    ```(B) Prohibition.--An individual who enters into 
                a contract with the Administrator under subparagraph 
                (A) shall not be considered to be an employee of the 
                Federal Government for the purpose of any law 
                (including regulations) administered by the Office of 
                Personnel Management.
                    ```(C) Personal service.--Subparagraph (A) does not 
                limit the ability of the Administrator to enter into a 
                contract with any individual for personal service under 
                section 202(a).
            ```(6) Funding.--
                    ```(A) In general.--Subject to section 202(h)(3), 
                in addition to other funds made available to the 
                Administrator to carry out the monitoring of emergency 
                food assistance, the Administrator may implement this 
                subsection using up to $22,000,000 of the funds made 
                available under this title for each of fiscal years 
                2009 through 2012, except for paragraph (2)(F), for 
                which only $2,500,000 shall be made available during 
                fiscal year 2009.
                    ```(B) Limitations.--
                            ```(i) In general.--Subject to clause (ii), 
                        of the funds made available under subparagraph 
                        (A), for each of fiscal years 2009 through 
                        2012, not more than $8,000,000 may be used by 
                        the Administrator to carry out paragraph 
                        (2)(E).
                            ```(ii) Condition.--No funds shall be made 
                        available under subparagraph (A), in accordance 
                        with clause (i), unless not less than 
                        $8,000,000 is made available under chapter 1 of 
                        part I of the Foreign Assistance Act of 1961 
                        (22 U.S.C. 2151 et seq.) for such purposes for 
                        such fiscal year.
    ```(g) Project Reporting.--
            ```(1) In general.--In submitting project reports to the 
        Administrator, a private voluntary organization or cooperative 
        shall provide a copy of the report in such form as is necessary 
        for the report to be displayed for public use on the website of 
        the United States Agency for International Development.
            ```(2) Confidential information.--An organization or 
        cooperative described in paragraph (1) may omit any 
        confidential information from the copy of the report submitted 
        for public display under that paragraph.'.

``SEC. 3013. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION, 
              DELIVERY, AND DISTRIBUTION OF SHELF-STABLE PREPACKAGED 
              FOODS.

    ``Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is 
amended--
            ``(1) by striking `$3,000,000' and inserting `$8,000,000'; 
        and
            ``(2) by striking `2007' and inserting `2012'.

``SEC. 3014. GENERAL AUTHORITIES AND REQUIREMENTS.

    ``(a) In General.--Section 401 of the Food for Peace Act (7 U.S.C. 
1731) is amended--
            ``(1) by striking subsection (a);
            ``(2) by redesignating subsections (b) and (c) as 
        subsections (a) and (b), respectively; and
            ``(3) in subsection (b) (as so redesignated), by striking 
        `(b)(1)' and inserting `(a)(1)'.
    ``(b) Conforming Amendments.--
            ``(1) Section 406(a) of the Food for Peace Act (7 U.S.C. 
        1736(a)) is amended by striking `(that have been determined to 
        be available under section 401(a))'.
            ``(2) Subsection (e)(1) of the Food for Progress Act of 
        1985 (7 U.S.C. 1736o(e)(1)) is amended by striking `determined 
        to be available under section 401 of the Food for Peace Act'.

``SEC. 3015. DEFINITIONS.

    ``Section 402 of the Food for Peace Act (7 U.S.C. 1732) is 
amended--
            ``(1) by redesignating paragraphs (3) through (8) as 
        paragraphs (4) through (9), respectively; and
            ``(2) by inserting after paragraph (2) the following:
            ```(3) Appropriate committee of congress.--The term 
        ``appropriate committee of Congress'' means--
                    ```(A) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    ```(B) the Committee on Agriculture of the House of 
                Representatives; and
                    ```(C) the Committee on Foreign Affairs of the 
                House of Representatives.'.

``SEC. 3016. USE OF COMMODITY CREDIT CORPORATION.

    ``Section 406(b)(2) of the Food for Peace Act (7 U.S.C. 1736(b)(2)) 
is amended by inserting `, including the costs of carrying out section 
415' before the semicolon.

``SEC. 3017. ADMINISTRATIVE PROVISIONS.

    ``Section 407(c) of the Food for Peace Act (7 U.S.C. 1736a(c)) is 
amended--
            ``(1) in paragraph (4)--
                    ``(A) by striking `Funds made' and inserting the 
                following:
                    ```(A) In general.--Funds made';
                    ``(B) in subparagraph (A) (as so designated)--
                            ``(i) by striking `2007' and inserting 
                        `2012'; and
                            ``(ii) by striking `$2,000,000' and 
                        inserting `$10,000,000'; and
                    ``(C) by adding at the end the following:
                    ```(B) Additional prepositioning sites.--
                            ```(i) Feasibility assessments.--The 
                        Administrator may carry out assessments for the 
                        establishment of not less than 2 sites to 
                        determine the feasibility of, and costs 
                        associated with, using the sites to store and 
                        handle agricultural commodities for 
                        prepositioning in foreign countries.
                            ```(ii) Establishment of sites.--Based on 
                        the results of each assessment carried out 
                        under clause (i), the Administrator may 
                        establish additional sites for prepositioning 
                        in foreign countries.'; and
            ``(2) by adding at the end the following:
            ```(5) Nonemergency or multiyear agreements.--Annual 
        resource requests for ongoing nonemergency or ongoing multiyear 
        agreements under title II shall be finalized not later than 
        October 1 of the fiscal year in which the agricultural 
        commodities will be shipped under the agreement.'.

``SEC. 3018. CONSOLIDATION AND MODIFICATION OF ANNUAL REPORTS REGARDING 
              AGRICULTURAL TRADE ISSUES.

    ``(a) Annual Reports.--Section 407 of the Food for Peace Act (7 
U.S.C. 1736a) is amended by striking subsection (f) and inserting the 
following:
    ```(f) Annual Reports.--
            ```(1) Annual report regarding agricultural trade programs 
        and activities.--
                    ```(A) Annual report.--Not later than April 1 of 
                each fiscal year, the Administrator and the Secretary 
                shall jointly prepare and submit to the appropriate 
                committees of Congress a report regarding each program 
                and activity carried out under this Act during the 
                prior fiscal year.
                    ```(B) Contents.--An annual report described in 
                subparagraph (A) shall include, with respect to the 
                prior fiscal year--
                            ```(i) a list that contains a description 
                        of each country and organization that receives 
                        food and other assistance under this Act 
                        (including the quantity of food and assistance 
                        provided to each country and organization);
                            ```(ii) a general description of each 
                        project and activity implemented under this Act 
                        (including each activity funded through the use 
                        of local currencies);
                            ```(iii) a statement describing the 
                        quantity of agricultural commodities made 
                        available to each country pursuant to--
                                    ```(I) section 416(b) of the 
                                Agricultural Act of 1949 (7 U.S.C. 
                                1431(b)); and
                                    ```(II) the Food for Progress Act 
                                of 1985 (7 U.S.C. 1736o);
                            ```(iv) an assessment of the progress made 
                        through programs under this Act towards 
                        reducing food insecurity in the populations 
                        receiving food assistance from the United 
                        States;
                            ```(v) a description of efforts undertaken 
                        by the Food Aid Consultative Group under 
                        section 205 to achieve an integrated and 
                        effective food assistance program;
                            ```(vi) an assessment of--
                                    ```(I) each program oversight, 
                                monitoring, and evaluation system 
                                implemented under section 207(f); and
                                    ```(II) the impact of each program 
                                oversight, monitoring, and evaluation 
                                system on the effectiveness and 
                                efficiency of assistance provided under 
                                this title; and
                            ```(vii) an assessment of the progress made 
                        by the Administrator in addressing issues 
                        relating to quality with respect to the 
                        provision of food assistance.
            ```(2) Annual report regarding the provision of 
        agricultural commodities to foreign countries.--
                    ```(A) Annual report.--Not later than February 1 of 
                each fiscal year, the Administrator shall prepare and 
                submit to the appropriate committees of Congress a 
                report regarding the administration of food assistance 
                programs under title II to benefit foreign countries 
                during the prior fiscal year.
                    ```(B) Contents.--An annual report described in 
                subparagraph (A) shall include, with respect to the 
                prior fiscal year--
                            ```(i) a list that contains a description 
                        of each program, country, and commodity 
                        approved for assistance under section 207; and
                            ```(ii) a statement that contains a 
                        description of the total amount of funds 
                        approved for transportation and administrative 
                        costs under section 207.'.
    ``(b) Conforming Amendment.--Section 207(e) of the Food for Peace 
Act (7 U.S.C. 1726a(e)) is amended--
            ``(1) by striking `Timely Approval.' and all that follows 
        through `The Administrator' and inserting `Timely Approval.--
        The Administrator'; and
            ``(2) by striking paragraph (2).

``SEC. 3019. EXPIRATION OF ASSISTANCE.

    ``Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended 
by striking `2007' and inserting `2012'.

``SEC. 3020. AUTHORIZATION OF APPROPRIATIONS.

    ``Section 412 of the Food for Peace Act (7 U.S.C. 1736f) is amended 
by striking subsection (a) and inserting the following:
    ```(a) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ```(1) for fiscal year 2008 and each fiscal year 
        thereafter, $2,500,000,000 to carry out the emergency and 
        nonemergency food assistance programs under title II; and
            ```(2) such sums as are necessary--
                    ```(A) to carry out the concessional credit sales 
                program established under title I;
                    ```(B) to carry out the grant program established 
                under title III; and
                    ```(C) to make payments to the Commodity Credit 
                Corporation to the extent the Commodity Credit 
                Corporation is not reimbursed under the programs under 
                this Act for the actual costs incurred or to be 
                incurred by the Commodity Credit Corporation in 
                carrying out such programs.'.

``SEC. 3021. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.

    ``Section 412 of the Food for Peace Act (7 U.S.C. 1736f) is amended 
by adding at the end the following:
    ```(e) Minimum Level of Nonemergency Food Assistance.--
            ```(1) Funds and commodities.--Of the amounts made 
        available to carry out emergency and nonemergency food 
        assistance programs under title II, not less than $375,000,000 
        for fiscal year 2009, $400,000,000 for fiscal year 2010, 
        $425,000,000 for fiscal year 2011, and $450,000,000 for fiscal 
        year 2012 shall be expended for nonemergency food assistance 
        programs under title II.
            ```(2) Exception.--The President may use less than the 
        amount specified in paragraph (1) in a fiscal year for 
        nonemergency food assistance programs under title II only if--
                    ```(A) the President has made a determination that 
                there is an urgent need for additional emergency food 
                assistance;
                    ```(B) the funds and commodities held in the Bill 
                Emerson Humanitarian Trust have been exhausted; and
                    ```(C) the President has submitted to Congress a 
                supplemental appropriations request for a sum equal to 
                the amount needed to reach the required spending level 
                for nonemergency food assistance under paragraph (1) 
                and the amount exhausted under paragraph (2)(B).
            ```(3) Notification to congress.--If the President makes 
        the determination described in paragraph (2)(A), the President 
        shall submit to Congress written notification that the 
        determination has been made.'.

``SEC. 3022. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS.

    ``Section 413 of the Food for Peace Act (7 U.S.C. 1736g) is 
amended--
            ``(1) by striking `To the maximum' and inserting the 
        following:
    ```(a) In General.--To the maximum'; and
            ``(2) by adding at the end the following:
    ```(b) Report Regarding Efforts To Improve Procurement Planning.--
            ```(1) Report required.--Not later than 90 days after the 
        date of enactment of the Food, Conservation, and Energy Act of 
        2008, the Administrator and the Secretary shall submit to each 
        appropriate committee of Congress a report that contains a 
        description of each effort taken by the Administrator and the 
        Secretary to improve planning for food and transportation 
        procurement (including efforts to eliminate bunching of food 
        purchases).
            ```(2) Contents.--A report required under paragraph (1) 
        should include a description of each effort taken by the 
        Administrator and the Secretary--
                    ```(A) to improve the coordination of food 
                purchases made by--
                            ```(i) the United States Agency for 
                        International Development; and
                            ```(ii) the Department of Agriculture;
                    ```(B) to increase flexibility with respect to 
                procurement schedules;
                    ```(C) to increase the use of historical analyses 
                and forecasting; and
                    ```(D) to improve and streamline legal claims 
                processes for resolving transportation disputes.'.

``SEC. 3023. MICRONUTRIENT FORTIFICATION PROGRAMS.

    ``Section 415 of the Food for Peace Act (7 U.S.C. 1736g-2) is 
amended--
            ``(1) in subsection (a)--
                    ``(A) in paragraph (1), by striking `Not later than 
                September 30, 2003, the Administrator, in consultation 
                with the Secretary' and inserting `Not later than 
                September 30, 2008, the Administrator, in consultation 
                with the Secretary'; and
                    ``(B) in paragraph (2)--
                            ``(i) in subparagraph (A), by adding `and' 
                        after the semicolon at the end; and
                            ``(ii) by striking subparagraphs (B) and 
                        (C) and inserting the following:
                    ```(B) assess and apply technologies and systems to 
                improve and ensure the quality, shelf life, 
                bioavailability, and safety of fortified food aid 
                agricultural commodities, and products of those 
                agricultural commodities, using recommendations 
                included in the report entitled ``Micronutrient 
                Compliance Review of Fortified Public Law 480 
                Commodities'', published in October 2001, with 
                implementation by independent entities with proven 
                experience and expertise in food aid commodity quality 
                enhancements.';
            ``(2) by striking subsection (b) and redesignating 
        subsections (c) and (d) as subsections (b) and (c), 
        respectively; and
            ``(3) in subsection (c) (as redesignated by paragraph (2)), 
        by striking `2007' and inserting `2012'.

``SEC. 3024. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER PROGRAM.

    ``(a) Minimum Funding.--Section 501(d) of the Food for Peace Act (7 
U.S.C. 1737(d)) is amended in the matter preceding paragraph (1)--
            ``(1) by striking `not less than' and inserting `not less 
        than the greater of $10,000,000 or'; and
            ``(2) by striking `2002 through 2007' and inserting `2008 
        through 2012'.
    ``(b) Authorization of Appropriations.--Section 501(e) of the Food 
for Peace Act (7 U.S.C. 1737(e)) is amended by striking paragraph (1) 
and inserting the following:
            ```(1) In general.--There are authorized to be appropriated 
        for each of fiscal years 2008 through 2012 to carry out the 
        programs under this section--
                    ```(A) $10,000,000 for sub-Saharan African and 
                Caribbean Basin countries; and
                    ```(B) $5,000,000 for other developing or middle-
                income countries or emerging markets not described in 
                subparagraph (A).'.

   ``Subtitle B--Agricultural Trade Act of 1978 and Related Statutes

``SEC. 3101. EXPORT CREDIT GUARANTEE PROGRAM.

    ``(a) Repeal of Supplier Credit Guarantee Program and Intermediate 
Export Credit Guarantee Program.--Section 202 of the Agricultural Trade 
Act of 1978 (7 U.S.C. 5622) is amended--
            ``(1) in subsection (a)--
                    ``(A) by striking `Guarantees.--' and all that 
                follows through `The Commodity' in paragraph (1) and 
                inserting `Guarantees.--The Commodity'; and
                    ``(B) by striking paragraphs (2) and (3);
            ``(2) by striking subsections (b) and (c);
            ``(3) by redesignating subsections (d) through (l) as 
        subsections (b) through (j), respectively; and
            ``(4) by adding at the end the following:
    ```(k) Administration.--
            ```(1) Definition of long term.--In this subsection, the 
        term ``long term'' means a period of 10 or more years.
            ```(2) Guarantees.--In administering the export credit 
        guarantees authorized under this section, the Secretary shall--
                    ```(A) maximize the export sales of agricultural 
                commodities;
                    ```(B) maximize the export credit guarantees that 
                are made available and used during the course of a 
                fiscal year;
                    ```(C) develop an approach to risk evaluation that 
                facilitates accurate country risk designations and 
                timely adjustments to the designations (on an ongoing 
                basis) in response to material changes in country risk 
                conditions, with ongoing opportunity for input and 
                evaluation from the private sector;
                    ```(D) adjust risk-based guarantees as necessary to 
                ensure program effectiveness and United States 
                competitiveness; and
                    ```(E) work with industry to ensure, to the maximum 
                extent practicable, that risk-based fees associated 
                with the guarantees cover, but do not exceed, the 
                operating costs and losses over the long term.'.
    ``(b) Funding Levels.--Section 211 of the Agricultural Trade Act of 
1978 (7 U.S.C. 5641) is amended by striking subsection (b) and 
inserting the following:
    ```(b) Export Credit Guarantee Programs.--The Commodity Credit 
Corporation shall make available for each of fiscal years 1996 through 
2012 credit guarantees under section 202(a) in an amount equal to but 
not more than the lesser of--
            ```(1) $5,500,000,000 in credit guarantees; or
            ```(2) the sum of--
                    ```(A) the amount of credit guarantees that the 
                Commodity Credit Corporation can make available using 
                budget authority of $40,000,000 for each fiscal year 
                for the costs of the credit guarantees; and
                    ```(B) the amount of credit guarantees that the 
                Commodity Credit Corporation can make available using 
                unobligated budget authority for prior fiscal years.'.
    ``(c) Conforming Amendments.--Section 202 of the Agricultural Trade 
Act of 1978 (7 U.S.C. 5622) is amended--
            ``(1) in subsection (b)(4) (as redesignated by subsection 
        (a)(3)), by striking `, consistent with the provisions of 
        subsection (c)';
            ``(2) in subsection (d) (as redesignated by subsection 
        (a)(3))--
                    ``(A) by striking `(1)' and all that follows 
                through `The Commodity' and inserting `The Commodity'; 
                and
                    ``(B) by striking paragraph (2); and
            ``(3) in subsection (g)(2) (as redesignated by subsection 
        (a)(3)), by striking `subsections (a) and (b)' and inserting 
        `subsection (a)'.

``SEC. 3102. MARKET ACCESS PROGRAM.

    ``(a) Organic Commodities.--Section 203(a) of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5623(a)) is amended by inserting after 
`agricultural commodities' the following: `(including commodities that 
are organically produced (as defined in section 2103 of the Organic 
Foods Production Act of 1990 (7 U.S.C. 6502)))'.
    ``(b) Funding.--Section 211(c)(1)(A) of the Agricultural Trade Act 
of 1978 (7 U.S.C. 5641(c)(1)(A)) is amended by striking `$200,000,000 
for each of fiscal years 2006 and 2007' and inserting `$200,000,000 for 
each of fiscal years 2008 through 2012'.

``SEC. 3103. EXPORT ENHANCEMENT PROGRAM.

    ``(a) In General.--Section 301 of the Agricultural Trade Act of 
1978 (7 U.S.C. 5651) is repealed.
    ``(b) Conforming Amendments.--The Agricultural Trade Act of 1978 is 
amended--
            ``(1) in title III, by striking the title heading and 
        inserting the following:

                  ```TITLE III--BARRIERS TO EXPORTS';

            ``(2) by redesignating sections 302 and 303 (7 U.S.C. 5652 
        and 5653) as sections 301 and 302, respectively;
            ``(3) in section 302 (as redesignated by paragraph (2)), by 
        striking `, such as that established under section 301,';
            ``(4) in section 401 (7 U.S.C. 5661)--
                    ``(A) in subsection (a), by striking `section 201, 
                202, or 301' and inserting `section 201 or 202'; and
                    ``(B) in subsection (b), by striking `sections 201, 
                202, and 301' and inserting `sections 201 and 202'; and
            ``(5) in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by 
        striking `sections 201, 202, 203, and 301' and inserting 
        `sections 201, 202, and 203'.

``SEC. 3104. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.

    ``(a) Report to Congress.--Section 702(c) of the Agricultural Trade 
Act of 1978 (7 U.S.C. 5722(c)) is amended by striking `Committee on 
International Relations' and inserting `Committee on Foreign Affairs'.
    ``(b) Funding.--Section 703(a) of the Agricultural Trade Act of 
1978 (7 U.S.C. 5723(a)) is amended by striking `2002 through 2007' and 
inserting `2008 through 2012'.

``SEC. 3105. FOOD FOR PROGRESS ACT OF 1985.

    ``(a) In General.--The Food for Progress Act of 1985 (7 U.S.C. 
1736o) is amended by striking `2007' each place it appears and 
inserting `2012'.
    ``(b) Designation of Project in Sub-Saharan Africa.--The Food for 
Progress Act of 1985 (7 U.S.C. 1736o) is amended in subsection (f) by 
adding at the end the following:
            ```(6) Project in malawi.--
                    ```(A) In general.--In carrying out this section 
                during fiscal year 2009, the President shall approve 
                not less than 1 multiyear project for Malawi--
                            ```(i) to promote sustainable agriculture; 
                        and
                            ```(ii) to increase the number of women in 
                        leadership positions.
                    ```(B) Use of eligible commodities.--Of the 
                eligible commodities used to carry out this section 
                during the period in which the project described in 
                subparagraph (A) is carried out, the President shall 
                carry out the project using eligible commodities with a 
                total value of not less than $3,000,000 during the 
                course of the project.'.

``SEC. 3106. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD 
              NUTRITION PROGRAM.

    ``Section 3107 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 1736o-1) is amended--
            ``(1) in subsections (b), (c)(2)(B), (f)(1), (h), (i), and 
        (l)(1), by striking `President' each place it appears and 
        inserting `Secretary';
            ``(2) in subsection (d), by striking `The President shall 
        designate 1 or more Federal agencies' and inserting `The 
        Secretary shall';
            ``(3) in paragraph (f)(2), by striking `implementing 
        agency' and inserting `Secretary'; and
            ``(4) in subsection (l)--
                    ``(A) by striking paragraph (1) and inserting the 
                following:
            ```(1) Use of commodity credit corporation funds.--Of the 
        funds of the Commodity Credit Corporation, the Secretary shall 
        use to carry out this section $84,000,000 for fiscal year 2009, 
        to remain available until expended.';
                    ``(B) in paragraph (2), by striking `2004 through 
                2007' and inserting `2008 through 2012'; and
                    ``(C) in paragraph (3), by striking `any Federal 
                agency implementing or assisting' and inserting `the 
                Department of Agriculture or any other Federal agency 
                assisting'.

                      ``Subtitle C--Miscellaneous

``SEC. 3201. BILL EMERSON HUMANITARIAN TRUST.

    ``Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 
1736f-1) is amended--
            ``(1) in subsection (a)--
                    ``(A) by striking `establish a trust stock' and 
                inserting `establish and maintain a trust'; and
                    ``(B) by striking `or any combination of the 
                commodities, totaling not more than 4,000,000 metric 
                tons' and inserting `any combination of the 
                commodities, or funds';
            ``(2) in subsection (b)--
                    ``(A) in paragraph (1), by striking subparagraph 
                (D) and inserting the following:
                    ```(D) funds made available--
                            ```(i) under paragraph (2)(B);
                            ```(ii) as a result of an exchange of any 
                        commodity held in the trust for an equivalent 
                        amount of funds from the market, if the 
                        Secretary determines that such a sale of the 
                        commodity on the market will not unduly disrupt 
                        domestic markets; or
                            ```(iii) to maximize the value of the 
                        trust, in accordance with subsection (d)(3).'; 
                        and
                    ``(B) in paragraph (2)(B)--
                            ``(i) in clause (i)--
                                    ``(I) by striking `2007' each place 
                                it appears and inserting `2012';
                                    ``(II) by striking `(c)(2)' and 
                                inserting `(c)(1)'; and
                                    ``(III) by striking `and' at the 
                                end;
                            ``(ii) in clause (ii), by striking the 
                        period at the end and inserting `; or'; and
                            ``(iii) by adding at the end the following:
                            ```(iii) from funds accrued through the 
                        management of the trust under subsection (d).';
            ``(3) in subsection (c)--
                    ``(A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ```(1) Releases for emergency assistance.--
                    ```(A) Definition of emergency.--
                            ```(i) In general.--In this paragraph, the 
                        term ``emergency'' means an urgent situation--
                                    ```(I) in which there is clear 
                                evidence that an event or series of 
                                events described in clause (ii) has 
                                occurred--
                                            ```(aa) that causes human 
                                        suffering; and
                                            ```(bb) for which a 
                                        government concerned has not 
                                        chosen, or has not the means, 
                                        to remedy; or
                                    ```(II) created by a demonstrably 
                                abnormal event or series of events that 
                                produces dislocation in the lives of 
                                residents of a country or region of a 
                                country on an exceptional scale.
                            ```(ii) Event or series of events.--An 
                        event or series of events referred to in clause 
                        (i) includes 1 or more of--
                                    ```(I) a sudden calamity, such as 
                                an earthquake, flood, locust 
                                infestation, or similar unforeseen 
                                disaster;
                                    ```(II) a human-made emergency 
                                resulting in--
                                            ```(aa) a significant 
                                        influx of refugees;
                                            ```(bb) the internal 
                                        displacement of populations; or
                                            ```(cc) the suffering of 
                                        otherwise affected populations;
                                    ```(III) food scarcity conditions 
                                caused by slow-onset events, such as 
                                drought, crop failure, pest 
                                infestation, and disease, that result 
                                in an erosion of the ability of 
                                communities and vulnerable populations 
                                to meet food needs; and
                                    ```(IV) severe food access or 
                                availability conditions resulting from 
                                sudden economic shocks, market failure, 
                                or economic collapse, that result in an 
                                erosion of the ability of communities 
                                and vulnerable populations to meet food 
                                needs.
                    ```(B) Releases.--
                            ```(i) In general.--Any funds or 
                        commodities held in the trust may be released 
                        to provide food, and cover any associated 
                        costs, under title II of the Food for Peace Act 
                        (7 U.S.C. 1721 et seq.)--
                                    ```(I) to assist in averting an 
                                emergency, including during the period 
                                immediately preceding the emergency;
                                    ```(II) to respond to an emergency; 
                                or
                                    ```(III) for recovery and 
                                rehabilitation after an emergency.
                            ```(ii) Procedure.--A release under clause 
                        (i) shall be carried out in the same manner, 
                        and pursuant to the same authority as provided 
                        in title II of that Act.
                    ```(C) Insufficiency of other funds.--The funds and 
                commodities held in the trust shall be made immediately 
                available on a determination by the Administrator that 
                funds available for emergency needs under title II of 
                that Act (7 U.S.C. 1721 et seq.) for a fiscal year are 
                insufficient to meet emergency needs during the fiscal 
                year.
                    ```(D) Waiver relating to minimum tonnage 
                requirements.--Nothing in this paragraph requires a 
                waiver by the Administrator of the Agency for 
                International Development under section 204(a)(3) of 
                the Food for Peace Act (7 U.S.C. 1724(a)(3)) as a 
                condition for a release of funds or commodities under 
                subparagraph (B).'; and
                    ``(B) by redesignating paragraphs (3) through (5) 
                as paragraphs (2) through (4), respectively;
            ``(4) in subsection (d)--
                    ``(A) by redesignating paragraphs (1) through (3) 
                as subparagraphs (A) through (C), respectively, and 
                indenting the subparagraphs appropriately;
                    ``(B) by striking the subsection designation and 
                heading and all that follows through `provide--' and 
                inserting the following:
    ```(d) Management of Trust.--
            ```(1) In general.--The Secretary shall provide for the 
        management of eligible commodities and funds held in the trust 
        in a manner that is consistent with maximizing the value of the 
        trust, as determined by the Secretary.
            ```(2) Eligible commodities.--The Secretary shall provide--
        ';
                    ``(C) in paragraph (2) (as redesignated by 
                subparagraph (B))--
                            ``(i) in subparagraph (B) (as redesignated 
                        by subparagraph (A)), by striking `and' at the 
                        end; and
                            ``(ii) in subparagraph (C) (as redesignated 
                        by subparagraph (A)), by striking the period at 
                        the end and inserting `; and'; and
                    ``(D) by adding at the end the following:
            ```(3) Funds.--
                    ```(A) Exchanges.--If any commodity held in the 
                trust is exchanged for funds under subsection 
                (b)(1)(D)(ii), the funds shall be held in the trust 
                until the date on which the funds are released in the 
                case of an emergency under subsection (c).
                    ```(B) Investment.--The Secretary may invest funds 
                held in the trust in any short-term obligation of the 
                United States or any other low-risk short-term 
                instrument or security insured by the Federal 
                Government in which a regulated insurance company may 
                invest under the laws of the District of Columbia.'; 
                and
            ``(5) in subsection (h), in each of paragraphs (1) and (2), 
        by striking `2007' each place it appears and inserting `2012'.

``SEC. 3202. GLOBAL CROP DIVERSITY TRUST.

    ``(a) Contribution.--The Administrator of the United States Agency 
for International Development shall contribute funds to endow the 
Global Crop Diversity Trust (referred to in this section as the 
`Trust') to assist in the conservation of genetic diversity in food 
crops through the collection and storage of the germplasm of food crops 
in a manner that provides for--
            ``(1) the maintenance and storage of seed collections;
            ``(2) the documentation and cataloguing of the genetics and 
        characteristics of conserved seeds to ensure efficient 
        reference for researchers, plant breeders, and the public;
            ``(3) building the capacity of seed collection in 
        developing countries;
            ``(4) making information regarding crop genetic data 
        publicly available for researchers, plant breeders, and the 
        public (including through the provision of an accessible 
        Internet website);
            ``(5) the operation and maintenance of a back-up facility 
        in which are stored duplicate samples of seeds, in the case of 
        natural or man-made disasters; and
            ``(6) oversight designed to ensure international 
        coordination of those actions and efficient, public 
        accessibility to that diversity through a cost-effective 
        system.
    ``(b) United States Contribution Limit.--The aggregate 
contributions of funds of the Federal Government provided to the Trust 
shall not exceed 25 percent of the total amount of funds contributed to 
the Trust from all sources.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $60,000,000 for the period of 
fiscal years 2008 through 2012.

``SEC. 3203. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.

    ``Section 3205 of the Farm Security and Rural Investment Act of 
2002 (7 U.S.C. 5680) is amended by striking subsection (d) and 
inserting the following:
    ```(d) Annual Report.--Not later than 180 days after the date of 
enactment of the Food, Conservation, and Energy Act of 2008 and 
annually thereafter, the Secretary shall submit to the appropriate 
committees of Congress a report that contains, for the period covered 
by the report, a description of each factor that affects the export of 
specialty crops, including each factor relating to any--
            ```(1) significant sanitary or phytosanitary issue; or
            ```(2) trade barrier.
    ```(e) Funding.--
            ```(1) Commodity credit corporation.--The Secretary shall 
        use the funds, facilities, and authorities of the Commodity 
        Credit Corporation to carry out this section.
            ```(2) Funding amounts.--Of the funds of the Commodity 
        Credit Corporation, the Secretary shall use to carry out this 
        section--
                    ```(A) $4,000,000 for fiscal year 2008;
                    ```(B) $7,000,000 for fiscal year 2009;
                    ```(C) $8,000,000 for fiscal year 2010;
                    ```(D) $9,000,000 for fiscal year 2011; and
                    ```(E) $9,000,000 for fiscal year 2012.'.

``SEC. 3204. EMERGING MARKETS AND FACILITY GUARANTEE LOAN PROGRAM.

    ``Section 1542 of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is amended--
            ``(1) in subsection (a), by striking `2007' and inserting 
        `2012';
            ``(2) in subsection (b)--
                    ``(A) in the first sentence, by redesignating 
                paragraphs (1) and (2) as subparagraphs (A) and (B), 
                respectively, and indenting appropriately;
                    ``(B) by striking `A portion' and inserting the 
                following:
            ```(1) In general.--A portion';
                    ``(C) in the second sentence, by striking `The 
                Commodity Credit Corporation' and inserting the 
                following:
            ```(2) Priority.--The Commodity Credit Corporation'; and
                    ``(D) by adding at the end the following:
            ```(3) Construction waiver.--The Secretary may waive any 
        applicable requirements relating to the use of United States 
        goods in the construction of a proposed facility, if the 
        Secretary determines that--
                    ```(A) goods from the United States are not 
                available; or
                    ```(B) the use of goods from the United States is 
                not practicable.
            ```(4) Term of guarantee.--A facility payment guarantee 
        under this subsection shall be for a term that is not more than 
        the lesser of--
                    ```(A) the term of the depreciation schedule of the 
                facility assisted; or
                    ```(B) 20 years.'; and
            ``(3) in subsection (d)(1)(A)(i) by striking `2007' and 
        inserting `2012'.

``SEC. 3205. CONSULTATIVE GROUP TO ELIMINATE THE USE OF CHILD LABOR AND 
              FORCED LABOR IN IMPORTED AGRICULTURAL PRODUCTS.

    ``(a) Definitions.--In this section:
            ``(1) Child labor.--The term `child labor' means the worst 
        forms of child labor as defined in International Labor 
        Convention 182, the Convention Concerning the Prohibition and 
        Immediate Action for the Elimination of the Worst Forms of 
        Child Labor, done at Geneva on June 17, 1999.
            ``(2) Consultative group.--The term `Consultative Group' 
        means the Consultative Group to Eliminate the Use of Child 
        Labor and Forced Labor in Imported Agricultural Products 
        established under subsection (b).
            ``(3) Forced labor.--The term `forced labor' means all work 
        or service--
                    ``(A) that is exacted from any individual under 
                menace of any penalty for nonperformance of the work or 
                service, and for which--
                            ``(i) the work or service is not offered 
                        voluntarily; or
                            ``(ii) the work or service is performed as 
                        a result of coercion, debt bondage, or 
                        involuntary servitude (as those terms are 
                        defined in section 103 of the Trafficking 
                        Victims Protection Act of 2000 (22 U.S.C. 
                        7102)); and
                    ``(B) by 1 or more individuals who, at the time of 
                performing the work or service, were being subjected to 
                a severe form of trafficking in persons (as that term 
                is defined in that section).
    ``(b) Establishment.--There is established a group to be known as 
the `Consultative Group to Eliminate the Use of Child Labor and Forced 
Labor in Imported Agricultural Products' to develop recommendations 
relating to guidelines to reduce the likelihood that agricultural 
products or commodities imported into the United States are produced 
with the use of forced labor and child labor.
    ``(c) Duties.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this Act and in accordance with section 105(d) of 
        the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7103(d)), as applicable to the importation of agricultural 
        products made with the use of child labor or forced labor, the 
        Consultative Group shall develop, and submit to the Secretary, 
        recommendations relating to a standard set of practices for 
        independent, third-party monitoring and verification for the 
        production, processing, and distribution of agricultural 
        products or commodities to reduce the likelihood that 
        agricultural products or commodities imported into the United 
        States are produced with the use of forced labor or child 
        labor.
            ``(2) Guidelines.--
                    ``(A) In general.--Not later than 1 year after the 
                date on which the Secretary receives recommendations 
                under paragraph (1), the Secretary shall release 
                guidelines for a voluntary initiative to enable 
                entities to address issues raised by the Trafficking 
                Victims Protection Act of 2000 (22 U.S.C. 7101 et 
                seq.).
                    ``(B) Requirements.--Guidelines released under 
                subparagraph (A) shall be published in the Federal 
                Register and made available for public comment for a 
                period of 90 days.
    ``(d) Membership.--The Consultative Group shall be composed of not 
more than 13 individuals, of whom--
            ``(1) 2 members shall represent the Department of 
        Agriculture, as determined by the Secretary;
            ``(2) 1 member shall be the Deputy Under Secretary for 
        International Affairs of the Department of Labor;
            ``(3) 1 member shall represent the Department of State, as 
        determined by the Secretary of State;
            ``(4) 3 members shall represent private agriculture-related 
        enterprises, which may include retailers, food processors, 
        importers, and producers, of whom at least 1 member shall be an 
        importer, food processor, or retailer who utilizes independent, 
        third-party supply chain monitoring for forced labor or child 
        labor;
            ``(5) 2 members shall represent institutions of higher 
        education and research institutions, as determined appropriate 
        by the Bureau of International Labor Affairs of the Department 
        of Labor;
            ``(6) 1 member shall represent an organization that 
        provides independent, third-party certification services for 
        labor standards for producers or importers of agricultural 
        commodities or products; and
            ``(7) 3 members shall represent organizations described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 that 
        have expertise on the issues of international child labor and 
        do not possess a conflict of interest associated with 
        establishment of the guidelines issued under subsection (c)(2), 
        as determined by the Bureau of International Labor Affairs of 
        the Department of Labor, including representatives from 
        consumer organizations and trade unions, if appropriate.
    ``(e) Chairperson.--A representative of the Department of 
Agriculture appointed under subsection (d)(1), as determined by the 
Secretary, shall serve as the chairperson of the Consultative Group.
    ``(f) Requirements.--Not less than 4 times per year, the 
Consultative Group shall meet at the call of the Chairperson, after 
reasonable notice to all members, to develop recommendations described 
in subsection (c)(1).
    ``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Consultative Group.
    ``(h) Annual Reports.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter through December 31, 
2012, the Secretary shall submit to the Committees on Agriculture and 
Foreign Affairs of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report describing 
the activities and recommendations of the Consultative Group.
    ``(i) Termination of Authority.--The Consultative Group shall 
terminate on December 31, 2012.

``SEC. 3206. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Agency for International Development.
            ``(2) Appropriate committee of congress.--The term 
        `appropriate committee of Congress' means--
                    ``(A) the Committee on Agriculture, Nutrition, and 
                Forestry of the Senate;
                    ``(B) the Committee on Agriculture of the House of 
                Representatives; and
                    ``(C) the Committee on Foreign Affairs of the House 
                of Representatives.
            ``(3) Eligible commodity.--The term `eligible commodity' 
        means an agricultural commodity (or the product of an 
        agricultural commodity) that--
                    ``(A) is produced in, and procured from, a 
                developing country; and
                    ``(B) at a minimum, meets each nutritional, 
                quality, and labeling standard of the country that 
                receives the agricultural commodity, as determined by 
                the Secretary.
            ``(4) Eligible organization.--The term `eligible 
        organization' means an organization that is--
                    ``(A) described in section 202(d) of the Food for 
                Peace Act (7 U.S.C. 1722(d)); and
                    ``(B) with respect to nongovernmental 
                organizations, subject to regulations promulgated or 
                guidelines issued to carry out this section, including 
                United States audit requirements that are applicable to 
                nongovernmental organizations.
    ``(b) Study; Field-Based Projects.--
            ``(1) Study.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of this Act, the Secretary shall 
                initiate a study of prior local and regional 
                procurements for food aid programs conducted by--
                            ``(i) other donor countries;
                            ``(ii) private voluntary organizations; and
                            ``(iii) the World Food Program of the 
                        United Nations.
                    ``(B) Report.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                submit to the appropriate committees of Congress a 
                report containing the results of the study conducted 
                under subparagraph (A).
            ``(2) Field-based projects.--
                    ``(A) In general.--In accordance with subparagraph 
                (B), the Secretary shall provide grants to, or enter 
                into cooperative agreements with, eligible 
                organizations to carry out field-based projects that 
                consist of local or regional procurements of eligible 
                commodities to respond to food crises and disasters in 
                accordance with this section.
                    ``(B) Consultation with administrator.--In carrying 
                out the development and implementation of field-based 
                projects under subparagraph (A), the Secretary shall 
                consult with the Administrator.
    ``(c) Procurement.--
            ``(1) In general.--Any eligible commodity that is procured 
        for a field-based project carried out under subsection (b)(2) 
        shall be procured through any approach or methodology that the 
        Secretary considers to be an effective approach or methodology 
        to provide adequate information regarding the manner by which 
        to expedite, to the maximum extent practicable, the provision 
        of food aid to affected populations without significantly 
        increasing commodity costs for low-income consumers who procure 
        commodities sourced from the same markets at which the eligible 
        commodity is procured.
            ``(2) Requirements.--
                    ``(A) Impact on local farmers and countries.--The 
                Secretary shall ensure that the local or regional 
                procurement of any eligible commodity under this 
                section will not have a disruptive impact on farmers 
                located in, or the economy of--
                            ``(i) the recipient country of the eligible 
                        commodity; or
                            ``(ii) any country in the region in which 
                        the eligible commodity may be procured.
                    ``(B) Transshipment.--The Secretary shall, in 
                accordance with such terms and conditions as the 
                Secretary considers to be appropriate, require from 
                each eligible organization commitments designed to 
                prevent or restrict--
                            ``(i) the resale or transshipment of any 
                        eligible commodity procured under this section 
                        to any country other than the recipient 
                        country; and
                            ``(ii) the use of the eligible commodity 
                        for any purpose other than food aid.
                    ``(C) World prices.--
                            ``(i) In general.--In carrying out this 
                        section, the Secretary shall take any 
                        precaution that the Secretary considers to be 
                        reasonable to ensure that the procurement of 
                        eligible commodities will not unduly disrupt--
                                    ``(I) world prices for agricultural 
                                commodities; or
                                    ``(II) normal patterns of 
                                commercial trade with foreign 
                                countries.
                            ``(ii) Procurement price.--The procurement 
                        of any eligible commodity shall be made at a 
                        reasonable market price with respect to the 
                        economy of the country in which the eligible 
                        commodity is procured, as determined by the 
                        Secretary.
    ``(d) Regulations; Guidelines.--
            ``(1) In general.--In accordance with paragraph (2), not 
        later than 180 days after the date of completion of the study 
        under subsection (b)(1), the Secretary shall promulgate 
        regulations or issue guidelines to carry out field-based 
        projects under this section.
            ``(2) Requirements.--
                    ``(A) Use of study.--In promulgating regulations or 
                issuing guidelines under paragraph (1), the Secretary 
                shall take into consideration the results of the study 
                described in subsection (b)(1).
                    ``(B) Public review and comment.--In promulgating 
                regulations or issuing guidelines under paragraph (1), 
                the Secretary shall provide an opportunity for public 
                review and comment.
            ``(3) Availability.--The Secretary shall not approve the 
        procurement of any eligible commodity under this section until 
        the date on which the Secretary promulgates regulations or 
        issues guidelines under paragraph (1).
    ``(e) Field-Based Project Grants or Cooperative Agreements.--
            ``(1) In general.--The Secretary shall award grants to, or 
        enter into cooperative agreements with, eligible organizations 
        to carry out field-based projects.
            ``(2) Requirements of eligible organizations.--
                    ``(A) Application.--
                            ``(i) In general.--To be eligible to 
                        receive a grant from, or enter into a 
                        cooperative agreement with, the Secretary under 
                        this subsection, an eligible organization shall 
                        submit to the Secretary an application by such 
                        date, in such manner, and containing such 
                        information as the Secretary may require.
                            ``(ii) Other applicable requirements.--Any 
                        other applicable requirement relating to the 
                        submission of proposals for consideration shall 
                        apply to the submission of an application 
                        required under clause (i), as determined by the 
                        Secretary.
                    ``(B) Completion requirement.--To be eligible to 
                receive a grant from, or enter into a cooperative 
                agreement with, the Secretary under this subsection, an 
                eligible organization shall agree--
                            ``(i) to collect by September 30, 2011, 
                        data containing the information required under 
                        subsection (f)(1)(B) relating to the field-
                        based project funded through the grant; and
                            ``(ii) to provide to the Secretary the data 
                        collected under clause (i).
            ``(3) Requirements of secretary.--
                    ``(A) Project diversity.--
                            ``(i) In general.--Subject to clause (ii) 
                        and subparagraph (B), in selecting proposals 
                        for field-based projects to fund under this 
                        section, the Secretary shall select a diversity 
                        of projects, including projects located in--
                                    ``(I) food surplus regions;
                                    ``(II) food deficit regions (that 
                                are carried out using regional 
                                procurement methods); and
                                    ``(III) multiple geographical 
                                regions.
                            ``(ii) Priority.--In selecting proposals 
                        for field-based projects under clause (i), the 
                        Secretary shall ensure that the majority of 
                        selected proposals are for field-based projects 
                        that--
                                    ``(I) are located in Africa; and
                                    ``(II) procure eligible commodities 
                                that are produced in Africa.
                    ``(B) Development assistance.--A portion of the 
                funds provided under this subsection shall be made 
                available for field-based projects that provide 
                development assistance for a period of not less than 1 
                year.
            ``(4) Availability.--The Secretary shall not award a grant 
        to any eligible organization under paragraph (1) until the date 
        on which the Secretary promulgates regulations or issues 
        guidelines under subsection (d)(1).
    ``(f) Independent Evaluations; Report.--
            ``(1) Independent evaluations.--
                    ``(A) In general.--Not later than November 1, 2011, 
                the Secretary shall ensure that an independent third 
                party conducts an independent evaluation of all field-
                based projects that--
                            ``(i) addresses each factor described in 
                        subparagraph (B); and
                            ``(ii) is conducted in accordance with this 
                        section.
                    ``(B) Required factors.--The Secretary shall 
                require the independent third party to develop--
                            ``(i) with respect to each relevant market 
                        in which an eligible commodity was procured 
                        under this section, a description of--
                                    ``(I) the prevailing and historic 
                                supply, demand, and price movements of 
                                the market (including the extent of 
                                competition for procurement bids);
                                    ``(II) the impact of the 
                                procurement of the eligible commodity 
                                on producer and consumer prices in the 
                                market;
                                    ``(III) each government market 
                                interference or other activity of the 
                                donor country that might have 
                                significantly affected the supply or 
                                demand of the eligible commodity in the 
                                area at which the local or regional 
                                procurement occurred;
                                    ``(IV) the quantities and types of 
                                eligible commodities procured in the 
                                market;
                                    ``(V) the time frame for 
                                procurement of each eligible commodity; 
                                and
                                    ``(VI) the total cost of the 
                                procurement of each eligible commodity 
                                (including storage, handling, 
                                transportation, and administrative 
                                costs);
                            ``(ii) an assessment regarding--
                                    ``(I) whether the requirements of 
                                this section have been met;
                                    ``(II) the impact of different 
                                methodologies and approaches on--
                                            ``(aa) local and regional 
                                        agricultural producers 
                                        (including large and small 
                                        agricultural producers);
                                            ``(bb) markets;
                                            ``(cc) low-income 
                                        consumers; and
                                            ``(dd) program recipients; 
                                        and
                                    ``(III) the length of the period 
                                beginning on the date on which the 
                                Secretary initiated the procurement 
                                process and ending on the date of 
                                delivery of eligible commodities;
                            ``(iii) a comparison of different 
                        methodologies used to carry out this section, 
                        with respect to--
                                    ``(I) the benefits to local 
                                agriculture;
                                    ``(II) the impact on markets and 
                                consumers;
                                    ``(III) the period of time required 
                                for procurement and delivery;
                                    ``(IV) quality and safety 
                                assurances; and
                                    ``(V) implementation costs; and
                            ``(iv) to the extent adequate information 
                        is available (including the results of the 
                        report required under subsection (b)(1)(B)), a 
                        comparison of the different methodologies used 
                        by other donor countries to make local and 
                        regional procurements.
                    ``(C) Independent third party access to records and 
                reports.--The Secretary shall provide to the 
                independent third party access to each record and 
                report that the independent third party determines to 
                be necessary to complete the independent evaluation.
                    ``(D) Public access to records and reports.--Not 
                later than 180 days after the date described in 
                paragraph (2), the Secretary shall provide public 
                access to each record and report described in 
                subparagraph (C).
            ``(2) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report that contains the 
        analysis and findings of the independent evaluation conducted 
        under paragraph (1)(A).
    ``(g) Funding.--
            ``(1) Commodity credit corporation.--The Secretary shall 
        use the funds, facilities, and authorities of the Commodity 
        Credit Corporation to carry out this section.
            ``(2) Funding amounts.--Of the funds of the Commodity 
        Credit Corporation, the Secretary shall use to carry out this 
        section--
                    ``(A) $5,000,000 for fiscal year 2009;
                    ``(B) $25,000,000 for fiscal year 2010;
                    ``(C) $25,000,000 for fiscal year 2011; and
                    ``(D) $5,000,000 for fiscal year 2012.

                     ``Subtitle D--Softwood Lumber

``SEC. 3301. SOFTWOOD LUMBER.

    ``(a) In General.--The Tariff Act of 1930 (19 U.S.C. 1202 et seq.) 
is amended by adding at the end the following new title:

                     ```TITLE VIII--SOFTWOOD LUMBER

```SEC. 801. SHORT TITLE; TABLE OF CONTENTS.

    ```(a) Short Title.--This title may be cited as the ``Softwood 
Lumber Act of 2008''.
    ```(b) Table of Contents.--The table of contents for this title is 
as follows:

                     ```TITLE VIII--SOFTWOOD LUMBER

```Sec. 801. Short title; table of contents.
```Sec. 802. Definitions.
```Sec. 803. Establishment of softwood lumber importer declaration 
                            program.
```Sec. 804. Scope of softwood lumber importer declaration program.
```Sec. 805. Export charge determination and publication.
```Sec. 806. Reconciliation.
```Sec. 807. Verification.
```Sec. 808. Penalties.
```Sec. 809. Reports.

```SEC. 802. DEFINITIONS.

    ```In this title:
            ```(1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives.
            ```(2) Country of export.--The term ``country of export'' 
        means the country (including any political subdivision of the 
        country) from which softwood lumber or a softwood lumber 
        product is exported before entering the United States.
            ```(3) Customs laws of the united states.--The term 
        ``customs laws of the United States'' means any law or 
        regulation enforced or administered by U.S. Customs and Border 
        Protection.
            ```(4) Export charges.--The term ``export charges'' means 
        any tax, charge, or other fee collected by the country from 
        which softwood lumber or a softwood lumber product, described 
        in section 804(a), is exported pursuant to an international 
        agreement entered into by that country and the United States.
            ```(5) Export price.--
                    ```(A) In general.--The term ``export price'' means 
                one of the following:
                            ```(i) In the case of softwood lumber or a 
                        softwood lumber product that has undergone only 
                        primary processing, the value that would be 
                        determined F.O.B. at the facility where the 
                        product underwent the last primary processing 
                        before export.
                            ```(ii)(I) In the case of softwood lumber 
                        or a softwood lumber product described in 
                        subclause (II), the value that would be 
                        determined F.O.B. at the facility where the 
                        lumber or product underwent the last primary 
                        processing.
                            ```(II) Softwood lumber or a softwood 
                        lumber product described in this subclause is 
                        lumber or a product that underwent the last 
                        remanufacturing before export by a manufacturer 
                        who--
                                    ```(aa) does not hold tenure rights 
                                provided by the country of export;
                                    ```(bb) did not acquire standing 
                                timber directly from the country of 
                                export; and
                                    ```(cc) is not related to the 
                                person who holds tenure rights or 
                                acquired standing timber directly from 
                                the country of export.
                            ```(iii)(I) In the case of softwood lumber 
                        or a softwood lumber product described in 
                        subclause (II), the value that would be 
                        determined F.O.B. at the facility where the 
                        product underwent the last processing before 
                        export.
                            ```(II) Softwood lumber or a softwood 
                        lumber product described in this subclause is 
                        lumber or a product that undergoes the last 
                        remanufacturing before export by a manufacturer 
                        who--
                                    ```(aa) holds tenure rights 
                                provided by the country of export;
                                    ```(bb) acquired standing timber 
                                directly from the country of export; or
                                    ```(cc) is related to a person who 
                                holds tenure rights or acquired 
                                standing timber directly from the 
                                country of export.
                    ```(B) Related persons.--For purposes of this 
                paragraph, a person is related to another person if--
                            ```(i) the person bears a relationship to 
                        such other person described in section 152(a) 
                        of the Internal Revenue Code of 1986;
                            ```(ii) the person bears a relationship to 
                        such other person described in section 267(b) 
                        of such Code, except that ``5 percent'' shall 
                        be substituted for ``50 percent'' each place it 
                        appears;
                            ```(iii) the person and such other person 
                        are part of a controlled group of corporations, 
                        as that term is defined in section 1563(a) of 
                        such Code, except that ``5 percent'' shall be 
                        substituted for ``80 percent'' each place it 
                        appears;
                            ```(iv) the person is an officer or 
                        director of such other person; or
                            ```(v) the person is the employer of such 
                        other person.
                    ```(C) Tenure rights.--For purposes of this 
                paragraph, the term ``tenure rights'' means rights to 
                harvest timber from public land granted by the country 
                of export.
                    ```(D) Export price where f.o.b. value cannot be 
                determined.--
                            ```(i) In general.--In the case of softwood 
                        lumber or a softwood lumber product described 
                        in clause (i), (ii), or (iii) of subparagraph 
                        (A) for which an F.O.B. value cannot be 
                        determined, the export price shall be the 
                        market price for the identical lumber or 
                        product sold in an arm's-length transaction in 
                        the country of export at approximately the same 
                        time as the exported lumber or product. The 
                        market price shall be determined in the 
                        following order of preference:
                                    ```(I) The market price for the 
                                lumber or a product sold at 
                                substantially the same level of trade 
                                as the exported lumber or product but 
                                in different quantities.
                                    ```(II) The market price for the 
                                lumber or a product sold at a different 
                                level of trade than the exported lumber 
                                or product but in similar quantities.
                                    ```(III) The market price for the 
                                lumber or a product sold at a different 
                                level of trade than the exported lumber 
                                or product and in different quantities.
                            ```(ii) Level of trade.--For purposes of 
                        clause (i), ``level of trade'' shall be 
                        determined in the same manner as provided under 
                        section 351.412(c) of title 19, Code of Federal 
                        Regulations (as in effect on January 1, 2008).
            ```(6) F.O.B.--The term ``F.O.B.'' means a value consisting 
        of all charges payable by a purchaser, including those charges 
        incurred in the placement of merchandise on board of a 
        conveyance for shipment, but does not include the actual 
        shipping charges or any applicable export charges.
            ```(7) HTS.--The term ``HTS'' means the Harmonized Tariff 
        Schedule of the United States (19 U.S.C. 1202) (as in effect on 
        January 1, 2008).
            ```(8) Person.--The term ``person'' includes any 
        individual, partnership, corporation, association, 
        organization, business trust, government entity, or other 
        entity subject to the jurisdiction of the United States.
            ```(9) United states.--The term ``United States'' means the 
        customs territory of the United States, as defined in General 
        Note 2 of the HTS.

```SEC. 803. ESTABLISHMENT OF SOFTWOOD LUMBER IMPORTER DECLARATION 
              PROGRAM.

    ```(a) Establishment of Program.--
            ```(1) In general.--The President shall establish and 
        maintain an importer declaration program with respect to the 
        importation of softwood lumber and softwood lumber products 
        described in section 804(a). The importer declaration program 
        shall require importers of softwood lumber and softwood lumber 
        products described in section 804(a) to provide the information 
        required under subsection (b) and declare the information 
        required by subsection (c), and require that such information 
        accompany the entry summary documentation.
            ```(2) Electronic record.--The President shall establish an 
        electronic record that includes the importer information 
        required under subsection (b) and the declarations required 
        under subsection (c).
    ```(b) Required Information.--The President shall require the 
following information to be submitted by any person seeking to import 
softwood lumber or softwood lumber products described in section 
804(a):
            ```(1) The export price for each shipment of softwood 
        lumber or softwood lumber products.
            ```(2) The estimated export charge, if any, applicable to 
        each shipment of softwood lumber or softwood lumber products as 
        calculated by applying the percentage determined and published 
        by the Under Secretary for International Trade of the 
        Department of Commerce pursuant to section 805 to the export 
        price provided in subsection (b)(1).
    ```(c) Importer Declarations.--Pursuant to procedures prescribed by 
the President, any person seeking to import softwood lumber or softwood 
lumber products described in section 804(a) shall declare that--
            ```(1) the person has made appropriate inquiry, including 
        seeking appropriate documentation from the exporter and 
        consulting the determinations published by the Under Secretary 
        for International Trade of the Department of Commerce pursuant 
        to section 805(b); and
            ```(2) to the best of the person's knowledge and belief--
                    ```(A) the export price provided pursuant to 
                subsection (b)(1) is determined in accordance with the 
                definition provided in section 802(5);
                    ```(B) the export price provided pursuant to 
                subsection (b)(1) is consistent with the export price 
                provided on the export permit, if any, granted by the 
                country of export; and
                    ```(C) the exporter has paid, or committed to pay, 
                all export charges due--
                            ```(i) in accordance with the volume, 
                        export price, and export charge rate or rates, 
                        if any, as calculated under an international 
                        agreement entered into by the country of export 
                        and the United States; and
                            ```(ii) consistent with the export charge 
                        determinations published by the Under Secretary 
                        for International Trade pursuant to section 
                        805(b).

```SEC. 804. SCOPE OF SOFTWOOD LUMBER IMPORTER DECLARATION PROGRAM.

    ```(a) Products Included in Program.--The following products shall 
be subject to the importer declaration program established under 
section 803:
            ```(1) In general.--All softwood lumber and softwood lumber 
        products classified under subheading 4407.10.00, 4409.10.10, 
        4409.10.20, or 4409.10.90 of the HTS, including the following 
        softwood lumber, flooring, and siding:
                    ```(A) Coniferous wood, sawn or chipped lengthwise, 
                sliced or peeled, whether or not planed, sanded, or 
                finger-jointed, of a thickness exceeding 6 millimeters.
                    ```(B) Coniferous wood siding (including strips and 
                friezes for parquet flooring, not assembled) 
                continuously shaped (tongued, grooved, rabbeted, 
                chamfered, v-jointed, beaded, molded, rounded, or the 
                like) along any of its edges or faces, whether or not 
                planed, sanded, or finger-jointed.
                    ```(C) Other coniferous wood (including strips and 
                friezes for parquet flooring, not assembled) 
                continuously shaped (tongued, grooved, rabbeted, 
                chamfered, v-jointed, beaded, molded, rounded, or the 
                like) along any of its edges or faces (other than wood 
                moldings and wood dowel rods) whether or not planed, 
                sanded, or finger-jointed.
                    ```(D) Coniferous wood flooring (including strips 
                and friezes for parquet flooring, not assembled) 
                continuously shaped (tongued, grooved, rabbeted, 
                chamfered, v-jointed, beaded, molded, rounded, or the 
                like) along any of its edges or faces, whether or not 
                planed, sanded, or finger-jointed.
                    ```(E) Coniferous drilled and notched lumber and 
                angle cut lumber.
            ```(2) Products continually shaped.--Any product classified 
        under subheading 4409.10.05 of the HTS that is continually 
        shaped along its end or side edges.
            ```(3) Other lumber products.--Except as otherwise provided 
        in subsection (b) or (c), softwood lumber products that are 
        stringers, radius-cut box-spring frame components, fence 
        pickets, truss components, pallet components, and door and 
        window frame parts classified under subheading 4418.90.46.95, 
        4421.90.70.40, or 4421.90.97.40 of the HTS.
    ```(b) Products Excluded From Program.--The following products 
shall be excluded from the importer declaration program established 
under section 803:
            ```(1) Trusses and truss kits, properly classified under 
        subheading 4418.90 of the HTS.
            ```(2) I-joist beams.
            ```(3) Assembled box-spring frames.
            ```(4) Pallets and pallet kits, properly classified under 
        subheading 4415.20 of HTS.
            ```(5) Garage doors.
            ```(6) Edge-glued wood, properly classified under 
        subheading 4421.90.97.40 of the HTS.
            ```(7) Complete door frames.
            ```(8) Complete window frames.
            ```(9) Furniture.
            ```(10) Articles brought into the United States temporarily 
        and for which an exemption from duty is claimed under 
        subchapter XIII of chapter 98 of the HTS.
            ```(11) Household and personal effects.
    ```(c) Exceptions for Certain Products.--The following softwood 
lumber products shall not be subject to the importer declaration 
program established under section 803:
            ```(1) Stringers.--Stringers (pallet components used for 
        runners), if the stringers--
                    ```(A) have at least 2 notches on the side, 
                positioned at equal distance from the center, to 
                properly accommodate forklift blades; and
                    ```(B) are properly classified under subheading 
                4421.90.97.40 of the HTS.
            ```(2) Box-spring frame kits.--
                    ```(A) In general.--Box-spring frame kits, if--
                            ```(i) the kits contain--
                                    ```(I) 2 wooden side rails;
                                    ```(II) 2 wooden end (or top) 
                                rails; and
                                    ```(III) varying numbers of wooden 
                                slats; and
                            ```(ii) the side rails and the end rails 
                        are radius-cut at both ends.
                    ```(B) Packaging.--Any kit described in 
                subparagraph (A) shall be individually packaged, and 
                contain the exact number of wooden components needed to 
                make the box-spring frame described on the entry 
                documents, with no further processing required. None of 
                the components contained in the package may exceed 1 
                inch in actual thickness or 83 inches in length.
            ```(3) Radius-cut box-spring frame components.--Radius-cut 
        box-spring frame components, not exceeding 1 inch in actual 
        thickness or 83 inches in length, ready for assembly without 
        further processing, if radius cuts are present on both ends of 
        the boards and are substantial cuts so as to completely round 1 
        corner.
            ```(4) Fence pickets.--Fence pickets requiring no further 
        processing and properly classified under subheading 4421.90.70 
        of the HTS, 1 inch or less in actual thickness, up to 8 inches 
        wide, and 6 feet or less in length, and having finials or 
        decorative cuttings that clearly identify them as fence 
        pickets. In the case of dog-eared fence pickets, the corners of 
        the boards shall be cut off so as to remove pieces of wood in 
        the shape of isosceles right angle triangles with sides 
        measuring \3/4\ of an inch or more.
            ```(5) United states-origin lumber.--Lumber originating in 
        the United States that is exported to another country for minor 
        processing and imported into the United States if--
                    ```(A) the processing occurring in another country 
                is limited to kiln drying, planing to create smooth-to-
                size board, and sanding; and
                    ```(B) the importer establishes to the satisfaction 
                of U.S. Customs and Border Protection upon entry that 
                the lumber originated in the United States.
            ```(6) Softwood lumber.--Any softwood lumber or softwood 
        lumber product that originated in the United States, if the 
        importer, exporter, foreign processor, or original United 
        States producer establishes to the satisfaction of U.S. Customs 
        and Border Protection upon entry that the softwood lumber 
        entered and documented as originating in the United States was 
        first produced in the United States.
            ```(7) Home packages or kits.--
                    ```(A) In general.--Softwood lumber or softwood 
                lumber products contained in a single family home 
                package or kit, regardless of the classification under 
                the HTS, if the importer declares that the following 
                requirements have been met:
                            ```(i) The package or kit constitutes a 
                        full package of the number of wooden pieces 
                        specified in the plan, design, or blueprint 
                        necessary to produce a home of at least 700 
                        square feet produced to a specified plan, 
                        design, or blueprint.
                            ```(ii) The package or kit contains--
                                    ```(I) all necessary internal and 
                                external doors and windows, nails, 
                                screws, glue, subfloor, sheathing, 
                                beams, posts, and connectors; and
                                    ```(II) if included in the purchase 
                                contract, the decking, trim, drywall, 
                                and roof shingles specified in the 
                                plan, design, or blueprint.
                            ```(iii) Prior to importation, the package 
                        or kit is sold to a United States retailer that 
                        sells complete home packages or kits pursuant 
                        to a valid purchase contract referencing the 
                        particular home design, plan, or blueprint, and 
                        the contract is signed by a customer not 
                        affiliated with the importer.
                            ```(iv) Softwood lumber products entered as 
                        part of the package or kit, whether in a single 
                        entry or multiple entries on multiple days, are 
                        to be used solely for the construction of the 
                        single family home specified by the home 
                        design, plan, or blueprint matching the U.S. 
                        Customs and Border Protection import entry.
                    ```(B) Additional documentation required for home 
                packages and kits.--In the case of each entry of 
                products described in clauses (i) through (iv) of 
                subparagraph (A) the following documentation shall be 
                retained by the importer and made available to U.S. 
                Customs and Border Protection upon request:
                            ```(i) A copy of the appropriate home 
                        design, plan, or blueprint matching the customs 
                        entry in the United States.
                            ```(ii) A purchase contract from a retailer 
                        of home kits or packages signed by a customer 
                        not affiliated with the importer.
                            ```(iii) A listing of all parts in the 
                        package or kit being entered into the United 
                        States that conforms to the home design, plan, 
                        or blueprint for which such parts are being 
                        imported.
                            ```(iv) If a single contract involves 
                        multiple entries, an identification of all the 
                        items required to be listed under clause (iii) 
                        that are included in each individual shipment.
    ```(d) Products Covered.--For purposes of determining if a product 
is covered by the importer declaration program, the President shall be 
guided by the article descriptions provided in this section.

```SEC. 805. EXPORT CHARGE DETERMINATION AND PUBLICATION.

    ```(a) Determination.--The Under Secretary for International Trade 
of the Department of Commerce shall determine, on a monthly basis, any 
export charges (expressed as a percentage of export price) to be 
collected by a country of export from exporters of softwood lumber or 
softwood lumber products described in section 804(a) in order to ensure 
compliance with any international agreement entered into by that 
country and the United States.
    ```(b) Publication.--The Under Secretary for International Trade 
shall immediately publish any determination made under subsection (a) 
on the website of the International Trade Administration of the 
Department of Commerce, and in any other manner the Under Secretary 
considers appropriate.

```SEC. 806. RECONCILIATION.

    ```The Secretary of the Treasury shall conduct reconciliations to 
ensure the proper implementation and operation of international 
agreements entered into between a country of export of softwood lumber 
or softwood lumber products described in section 804(a) and the United 
States. The Secretary of Treasury shall reconcile the following:
            ```(1) The export price declared by a United States 
        importer pursuant to section 803(b)(1) with the export price 
        reported to the United States by the country of export, if any.
            ```(2) The export price declared by a United States 
        importer pursuant to section 803(b)(1) with the revised export 
        price reported to the United States by the country of export, 
        if any.

```SEC. 807. VERIFICATION.

    ```(a) In General.--The Secretary of Treasury shall periodically 
verify the declarations made by a United States importer pursuant to 
section 803(c), including by determining whether--
            ```(1) the export price declared by a United States 
        importer pursuant to section 803(b)(1) is the same as the 
        export price provided on the export permit, if any, issued by 
        the country of export; and
            ```(2) the estimated export charge declared by a United 
        States importer pursuant to section 803(b)(2) is consistent 
        with the determination published by the Under Secretary for 
        International Trade pursuant to section 805(b).
    ```(b) Examination of Books and Records.--
            ```(1) In general.--Any record relating to the importer 
        declaration program required under section 803 shall be treated 
        as a record required to be maintained and produced under title 
        V of this Act.
            ```(2) Examination of records.--The Secretary of the 
        Treasury is authorized to take such action, and examine such 
        records, under section 509 of this Act, as the Secretary 
        determines necessary to verify the declarations made pursuant 
        to section 803(c) are true and accurate.

```SEC. 808. PENALTIES.

    ```(a) In General.--It shall be unlawful for any person to import 
into the United States softwood lumber or softwood lumber products in 
knowing violation of this title.
    ```(b) Civil Penalties.--Any person who commits an unlawful act as 
set forth in subsection (a) shall be liable for a civil penalty not to 
exceed $10,000 for each knowing violation.
    ```(c) Other Penalties.--In addition to the penalties provided for 
in subsection (b), any violation of this title that violates any other 
customs law of the United States shall be subject to any applicable 
civil and criminal penalty, including seizure and forfeiture, that may 
be imposed under such custom law or title 18, United States Code, with 
respect to the importation of softwood lumber and softwood lumber 
products described in section 804(a).
    ```(d) Factors To Consider in Assessing Penalties.--In determining 
the amount of civil penalties to be assessed under this section, 
consideration shall be given to any history of prior violations of this 
title by the person, the ability of the person to pay the penalty, the 
seriousness of the violation, and such other matters as fairness may 
require.
    ```(e) Notice.--No penalty may be assessed under this section 
against a person for violating a provision of this title unless the 
person is given notice and opportunity to make statements, both oral 
and written, with respect to such violation.
    ```(f) Exception.--Notwithstanding any other provision of this 
title, and without limitation, an importer shall not be found to have 
violated subsection 803(c) if--
            ```(1) the importer made an appropriate inquiry in 
        accordance with section 803(c)(1) with respect to the 
        declaration;
            ```(2) the importer produces records maintained pursuant to 
        section 807(b) that substantiate the declaration; and
            ```(3) there is not substantial evidence indicating that 
        the importer knew that the fact to which the importer made the 
        declaration was false.

```SEC. 809. REPORTS.

    ```(a) Semiannual Reports.--Not later than 180 days after the 
effective date of this title, and every 180 days thereafter, the 
President shall submit to the appropriate congressional committees a 
report--
            ```(1) describing the reconciliations conducted under 
        section 806, and the verifications conducted under section 807;
            ```(2) identifying the manner in which the United States 
        importers subject to reconciliations conducted under section 
        806 and verifications conducted under section 807 were chosen;
            ```(3) identifying any penalties imposed under section 808;
            ```(4) identifying any patterns of noncompliance with this 
        title; and
            ```(5) identifying any problems or obstacles encountered in 
        the implementation and enforcement of this title.
    ```(b) Subsidies Reports.--Not later than 180 days after the date 
of the enactment of this title, and every 180 days thereafter, the 
Secretary of Commerce shall provide to the appropriate congressional 
committees a report on any subsidies on softwood lumber or softwood 
lumber products, including stumpage subsidies, provided by countries of 
export.
    ```(c) GAO Reports.--The Comptroller General of the United States 
shall submit the following reports to the appropriate congressional 
committees:
            ```(1) Not later than 18 months after the date of the 
        enactment of this title, a report on the effectiveness of the 
        reconciliations conducted under section 806, and verifications 
        conducted under section 807.
            ```(2) Not later than 12 months after the date of the 
        enactment of this title, a report on whether countries that 
        export softwood lumber or softwood lumber products to the 
        United States are complying with any international agreements 
        entered into by those countries and the United States.'''.
    ``(b) Effective Date.--The amendments made by this section shall 
take effect on the date that is 60 days after the date of the enactment 
of this Act.''.
                                 <all>
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