IA 

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). 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That, effective on the date of the enactment of the Food, 

4 Conservation, and Energy Act of 2008, the Food, Con5 servation, and Energy Act of 2008 is amended by insert6 ing after title II the following new title: 


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1 ‘‘TITLE III—TRADE 

2 ‘‘Subtitle A—Food for Peace Act 

3 ‘‘SEC. 3001. SHORT TITLE. 

4 ‘‘(a) IN GENERAL.—Section 1 of the Agricultural 

5 Trade Development and Assistance Act of 1954 (7 U.S.C. 

6 1691 note; 104 Stat. 3633) is amended by striking ‘Agri7 cultural Trade Development and Assistance Act of 1954’ 

8 and inserting ‘Food for Peace Act’. 

9 ‘‘(b) CONFORMING AMENDMENTS.— 

10 ‘‘(1) IN GENERAL.—Each provision of law de11 scribed in paragraph (2) is amended— 

12 ‘‘(A) by striking ‘Agricultural Trade Devel13 opment and Assistance Act of 1954’ each place 

14 it appears and inserting ‘Food for Peace Act’; 

15 and 

16 ‘‘(B) in each section heading, by striking 

17 ‘AGRICULTURAL TRADE DEVELOP18 MENT AND ASSISTANCE ACT OF 

19 1954’ each place it appears and inserting 

20 ‘FOOD FOR PEACE ACT’. 

21 ‘‘(2) PROVISIONS OF LAW.—The provisions of 

22 law referred to in paragraph (1) are the following: 

23 ‘‘(A) The Agriculture and Food Act of 

24 1981 (Public Law 97–98; 95 Stat. 1213). 


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1 ‘‘(B) The Agricultural Act of 1949 (7 

2 U.S.C. 1421 et seq.). 

3 ‘‘(C) Section 9(a) of the Military Construc4 tion Codification Act (7 U.S.C. 1704c). 

5 ‘‘(D) Section 201 of the Africa: Seeds of 

6 Hope Act of 1998 (7 U.S.C. 1721 note; Public 

7 Law 105–385). 

8 ‘‘(E) The Bill Emerson Humanitarian 

9 Trust Act (7 U.S.C. 1736f–1 et seq.). 

10 ‘‘(F) The Food for Progress Act of 1985 

11 (7 U.S.C. 1736o). 

12 ‘‘(G) Section 3107 of the Farm Security 

13 and Rural Investment Act of 2002 (7 U.S.C. 

14 1736o–1). 

15 ‘‘(H) Sections 605B and 606C of the Act 

16 of August 28, 1954 (commonly known as the 

17 ‘Agricultural Act of 1954’) (7 U.S.C. 1765b, 

18 1766b). 

19 ‘‘(I) Section 206 of the Agricultural Act of 

20 1956 (7 U.S.C. 1856). 

21 ‘‘(J) The Agricultural Competitiveness and 

22 Trade Act of 1988 (7 U.S.C. 5201 et seq.). 

23 ‘‘(K) The Agricultural Trade Act of 1978 

24 (7 U.S.C. 5601 et seq.). 


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1 ‘‘(L) The Export-Import Bank Act of 1945 

2 (12 U.S.C. 635 et seq.). 

3 ‘‘(M) Section 301 of title 13, United 

4 States Code. 

5 ‘‘(N) Section 8 of the Endangered Species 

6 Act of 1973 (16 U.S.C. 1537). 

7 ‘‘(O) Section 604 of the Enterprise for the 

8 Americas Act of 1992 (22 U.S.C. 2077). 

9 ‘‘(P) Section 5 of the International Health 

10 Research Act of 1960 (22 U.S.C. 2103). 

11 ‘‘(Q) The Foreign Assistance Act of 1961 

12 (22 U.S.C. 2151 et seq.). 

13 ‘‘(R) The Horn of Africa Recovery and 

14 Food Security Act (22 U.S.C. 2151 note; Pub15 lic Law 102–274). 

16 ‘‘(S) Section 105 of the Mutual Edu17 cational and Cultural Exchange Act of 1961 

18 (22 U.S.C. 2455). 

19 ‘‘(T) Section 35 of the Foreign Military 

20 Sales Act (22 U.S.C. 2775). 

21 ‘‘(U) The Support for East European De22 mocracy (SEED) Act of 1989 (22 U.S.C. 5401 

23 et seq.). 

24 ‘‘(V) Section 1707 of the Cuban Democ25 racy Act of 1992 (22 U.S.C. 6006). 


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1 ‘‘(W) The Cuban Liberty and Democratic 

2 Solidarity (LIBERTAD) Act of 1996 (22 

3 U.S.C. 6021 et seq.). 

4 ‘‘(X) Section 902 of the Trade Sanctions 

5 Reform and Export Enhancement Act of 2000 

6 (22 U.S.C. 7201). 

7 ‘‘(Y) Chapter 553 of title 46, United 

8 States Code. 

9 ‘‘(Z) Section 4 of the Strategic and Crit10 ical Materials Stock Piling Act (50 U.S.C. 98c). 

11 ‘‘(AA) The Food, Agriculture, Conserva12 tion, and Trade Act of 1990 (Public Law 101– 

13 624; 104 Stat. 3359). 

14 ‘‘(BB) Section 738 of the Agriculture, 

15 Rural Development, Food and Drug Adminis16 tration, and Related Agencies Appropriations 

17 Act, 2001 (Public Law 106–387; 114 Stat. 

18 1549A–34). 

19 ‘‘(c) REFERENCES.—Any reference in any Federal, 

20 State, tribal, or local law (including regulations) to the 

21 ‘Agricultural Trade Development and Assistance Act of 

22 1954’ shall be considered to be a reference to the ‘Food 

23 for Peace Act’. 


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1 ‘‘SEC. 3002. UNITED STATES POLICY. 

2 ‘‘Section 2 of the Food for Peace Act (7 U.S.C. 1691) 

3 is amended— 

4 ‘‘(1) by striking paragraph (4); and 

5 ‘‘(2) by redesignating paragraphs (5) and (6) 

6 as paragraphs (4) and (5), respectively. 

7 ‘‘SEC. 3003. FOOD AID TO DEVELOPING COUNTRIES. 

8 ‘‘Section 3(b) of the Food for Peace Act (7 U.S.C. 

9 1691a(b)) is amended by striking ‘(b)’ and all that follows 

10 through paragraph (1) and inserting the following: 

11 ‘‘ ‘(b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 ‘‘ ‘(1) in negotiations at the Food Aid Conven14 tion, the World Trade Organization, the United Na15 tions Food and Agriculture Organization, and other 

16 appropriate venues, the President shall— 

17 ‘‘ ‘(A) seek commitments of higher levels of 

18 food aid by donors in order to meet the legiti19 mate needs of developing countries; 

20 ‘‘ ‘(B) ensure, to the maximum extent 

21 practicable, that humanitarian nongovernmental 

22 organizations, recipient country governments, 

23 charitable bodies, and international organiza24 tions shall continue— 


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1 ‘‘ ‘(i) to be eligible to receive resources 

2 based on assessments of need conducted by 

3 those organizations and entities; and 

4 ‘‘ ‘(ii) to implement food aid programs 

5 in agreements with donor countries; and 

6 ‘‘ ‘(C) ensure, to the maximum extent prac7 ticable, that options for providing food aid for 

8 emergency and nonemergency needs shall not 

9 be subject to limitation, including in-kind com10 modities, provision of funds for agricultural 

11 commodity procurement, and monetization of 

12 commodities, on the condition that the provision 

13 of those commodities or funds— 

14 ‘‘ ‘(i) is based on assessments of need 

15 and intended to benefit the food security 

16 of, or otherwise assist, recipients, and 

17 ‘‘ ‘(ii) is provided in a manner that 

18 avoids disincentives to local agricultural 

19 production and marketing and with mini20 mal potential for disruption of commercial 

21 markets; and’. 

22 ‘‘SEC. 3004. TRADE AND DEVELOPMENT ASSISTANCE. 

23 ‘‘(a) Title I of the Food for Peace Act (7 U.S.C. 1701 

24 et seq.) is amended in the title heading, by striking 

25 ‘TRADE AND DEVELOPMENT ASSISTANCE’ 


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1 and inserting ‘ECONOMIC ASSISTANCE AND 

2 FOOD SECURITY’. 

3 ‘‘(b) Section 101 of the Food for Peace Act (7 U.S.C. 

4 1701) is amended in the section heading, by striking 

5 ‘TRADE AND DEVELOPMENT ASSISTANCE’ 

6 and inserting ‘ECONOMIC ASSISTANCE AND 

7 FOOD SECURITY’. 

8 ‘‘SEC. 3005. AGREEMENTS REGARDING ELIGIBLE COUN9 TRIES AND PRIVATE ENTITIES. 

10 ‘‘Section 102 of the Food for Peace Act (7 U.S.C. 

11 1702) is amended— 

12 ‘‘(1) in subsection (a)— 

13 ‘‘(A) by striking paragraph (1); and 

14 ‘‘(B) by redesignating paragraphs (2) and 

15 (3) as paragraphs (1) and (2), respectively; and 

16 ‘‘(2) by striking subsection (c). 

17 ‘‘SEC. 3006. USE OF LOCAL CURRENCY PAYMENTS. 

18 ‘‘Section 104(c) of the Food for Peace Act (7 U.S.C. 

19 1704(c)) is amended— 

20 ‘‘(1) in the matter preceding paragraph (1), by 

21 inserting ‘, through agreements with recipient gov22 ernments, private voluntary organizations, and co23 operatives,’ after ‘developing country’; 

24 ‘‘(2) by striking paragraph (1); 

25 ‘‘(3) in paragraph (2)— 


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1 ‘‘(A) in subparagraph (C), by striking 

2 ‘and’ at the end; 

3 ‘‘(B) in subparagraph (D), by striking the 

4 period at the end and inserting ‘; and’; and 

5 ‘‘(C) by adding at the end the following: 

6 ‘‘ ‘(E) the improvement of the trade capac7 ity of the recipient country.’; 

8 ‘‘(4) in paragraph (3), by striking ‘agricultural 

9 business development and agricultural trade expan10 sion’ and inserting ‘development of agricultural busi11 nesses and agricultural trade capacity’; 

12 ‘‘(5) in paragraph (4), by striking ‘, or other13 wise’ and all that follows through ‘United States’; 

14 ‘‘(6) in paragraph (5), by inserting ‘to promote 

15 agricultural products produced in appropriate devel16 oping countries’ after ‘trade fairs’; and 

17 ‘‘(7) by redesignating paragraphs (2) through 

18 (9) as paragraphs (1) through (8), respectively. 

19 ‘‘SEC. 3007. GENERAL AUTHORITY. 

20 ‘‘Section 201 of the Food for Peace Act (7 U.S.C. 

21 1721) is amended— 

22 ‘‘(1) by striking paragraph (1) and inserting 

23 the following: 


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1 ‘‘ ‘(1) address famine and food crises, and re2 spond to emergency food needs, arising from man3 made and natural disasters;’; 

4 ‘‘(2) in paragraph (5)— 

5 ‘‘(A) by inserting ‘food security and sup6 port’ after ‘promote’; and 

7 ‘‘(B) by striking ‘; and’ and inserting a 

8 semicolon; 

9 ‘‘(3) in paragraph (6), by striking the period at 

10 the end and inserting ‘; and’; and 

11 ‘‘(4) by adding at the end the following: 

12 ‘‘ ‘(7) promote economic and nutritional security 

13 by increasing educational, training, and other pro14 ductive activities.’. 

15 ‘‘SEC. 3008. PROVISION OF AGRICULTURAL COMMODITIES. 

16 ‘‘Section 202 of the Food for Peace Act (7 U.S.C. 

17 1722) is amended— 

18 ‘‘(1) in subsection (b)(2), by striking ‘may not 

19 deny a request for funds’ and inserting ‘may not use 

20 as a sole rationale for denying a request for funds’; 

21 ‘‘(2) in subsection (e)(1)— 

22 ‘‘(A) in the matter preceding subparagraph 

23 (A), by striking ‘not less than 5 percent nor 

24 more than 10 percent’ and inserting ‘not less 

25 than 7.5 percent nor more than 13 percent’; 


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1 ‘‘(B) in subparagraph (A), by striking ‘; 

2 and’ and inserting a semicolon; 

3 ‘‘(C) in subparagraph (B), by striking the 

4 period at the end and inserting ‘; and’; and 

5 ‘‘(D) by adding at the end the following: 

6 ‘‘ ‘(C) improving and implementing meth7 odologies for food aid programs, including needs 

8 assessments (upon the request of the Adminis9 trator), monitoring, and evaluation.’; and 

10 ‘‘(3) by striking subsection (h) and inserting 

11 the following: 

12 ‘‘ ‘(h) FOOD AID QUALITY.— 

13 ‘‘ ‘(1) IN GENERAL.—The Administrator shall 

14 use funds made available for fiscal year 2009 and 

15 subsequent fiscal years to carry out this title— 

16 ‘‘ ‘(A) to assess the types and quality of 

17 agricultural commodities and products donated 

18 for food aid; 

19 ‘‘ ‘(B) to adjust products and formulations 

20 (including the potential introduction of new 

21 fortificants and products) as necessary to cost22 effectively meet nutrient needs of target popu23 lations; and 

24 ‘‘ ‘(C) to test prototypes. 

25 ‘‘ ‘(2) ADMINISTRATION.—The Administrator— 


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1 ‘‘ ‘(A) shall carry out this subsection in 

2 consultation with and through independent enti3 ties with proven expertise in food aid com4 modity quality enhancements; 

5 ‘‘ ‘(B) may enter into contracts to obtain 

6 the services of such entities; and 

7 ‘‘ ‘(C) shall consult with the Food Aid Con8 sultative Group on how to carry out this sub9 section. 

10 ‘‘ ‘(3) FUNDING LIMITATION.—Of the funds 

11 made available under section 207(f), for fiscal years 

12 2009 through 2011, not more than $4,500,000 may 

13 be used to carry out this subsection.’. 

14 ‘‘SEC. 3009. GENERATION AND USE OF CURRENCIES BY PRI15 VATE VOLUNTARY ORGANIZATIONS AND CO16 OPERATIVES. 

17 ‘‘Section 203(b) of the Food for Peace Act (7 U.S.C. 

18 1723(b)) is amended by striking ‘1 or more recipient coun19 tries’ and inserting ‘in 1 or more recipient countries’. 

20 ‘‘SEC. 3010. LEVELS OF ASSISTANCE. 

21 ‘‘Section 204(a) of the Food for Peace Act (7 U.S.C. 

22 1724(a)) is amended— 

23 ‘‘(1) in paragraph (1), by striking ‘2002 

24 through 2007’ and inserting ‘2008 through 2012’; 

25 and 


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1 ‘‘(2) in paragraph (2), by striking ‘2002 

2 through 2007’ and inserting ‘2008 through 2012’. 

3 ‘‘SEC. 3011. FOOD AID CONSULTATIVE GROUP. 

4 ‘‘Section 205 of the Food for Peace Act (7 U.S.C. 

5 1725) is amended— 

6 ‘‘(1) in subsection (b)— 

7 ‘‘(A) in paragraph (5), by striking ‘and’ at 

8 the end; 

9 ‘‘(B) in paragraph (6), by striking the pe10 riod and inserting ‘; and’; and 

11 ‘‘(C) by inserting at the end the following: 

12 ‘‘ ‘(7) representatives from the maritime trans13 portation sector involved in transporting agricultural 

14 commodities overseas for programs under this Act.’; 

15 and 

16 ‘‘(2) in subsection (f), by striking ‘2007’ and 

17 inserting ‘2012’. 

18 ‘‘SEC. 3012. ADMINISTRATION. 

19 ‘‘Section 207 of the Food for Peace Act (7 U.S.C. 

20 1726a) is amended— 

21 ‘‘(1) in subsection (a)(3), by striking ‘and the 

22 conditions that must be met for the approval of such 

23 proposal’; 

24 ‘‘(2) in subsection (c), by striking paragraph 

25 (3); 


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1 ‘‘(3) by striking subsection (d) and inserting 

2 the following: 

3 ‘‘ ‘(d) TIMELY PROVISION OF COMMODITIES.—The 

4 Administrator, in consultation with the Secretary, shall 

5 develop procedures that ensure expedited processing of 

6 commodity call forwards in order to provide commodities 

7 overseas in a timely manner and to the extent feasible, 

8 according to planned delivery schedules.’; and 

9 ‘‘(4) by adding at the end the following: 

10 ‘‘ ‘(f) PROGRAM OVERSIGHT, MONITORING, AND

11 EVALUATION.— 

12 ‘‘ ‘(1) DUTIES OF ADMINISTRATOR.—The Ad13 ministrator, in consultation with the Secretary, shall 

14 establish systems and carry out activities— 

15 ‘‘ ‘(A) to determine the need for assistance 

16 provided under this title; and 

17 ‘‘ ‘(B) to improve, monitor, and evaluate 

18 the effectiveness and efficiency of the assistance 

19 provided under this title to maximize the impact 

20 of the assistance. 

21 ‘‘ ‘(2) REQUIREMENTS OF SYSTEMS AND ACTIVI22 TIES.—The systems and activities described in para23 graph (1) shall include— 

24 ‘‘ ‘(A) program monitors in countries that 

25 receive assistance under this title; 


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1 ‘‘ ‘(B) country and regional food aid impact 

2 evaluations; 

3 ‘‘ ‘(C) the identification and implementa4 tion of best practices for food aid programs; 

5 ‘‘ ‘(D) the evaluation of monetization pro6 grams; 

7 ‘‘ ‘(E) early warning assessments and sys8 tems to help prevent famines; and 

9 ‘‘ ‘(F) upgraded information technology 

10 systems. 

11 ‘‘ ‘(3) IMPLEMENTATION REPORT.—Not later 

12 than 180 days after the date of enactment of the 

13 Food, Conservation, and Energy Act of 2008, the 

14 Administrator shall submit to the appropriate com15 mittees of Congress a report on efforts undertaken 

16 by the Administrator to conduct oversight of non17 emergency programs under this title. 

18 ‘‘ ‘(4) GOVERNMENT ACCOUNTABILITY OFFICE

19 REPORT.—Not later than 270 days after the date of 

20 submission of the report under paragraph (3), the 

21 Comptroller General of the United States shall sub22 mit to the appropriate committees of Congress a re23 port that contains— 

24 ‘‘ ‘(A) a review of, and comments address25 ing, the report described in paragraph (3); and 


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1 ‘‘ ‘(B) recommendations relating to any ad2 ditional actions that the Comptroller General of 

3 the United States determines to be necessary to 

4 improve the monitoring and evaluation of as5 sistance provided under this title. 

6 ‘‘ ‘(5) CONTRACT AUTHORITY.— 

7 ‘‘ ‘(A) IN GENERAL.—Subject to subpara8 graphs (B) and (C), in carrying out administra9 tive and management activities relating to each 

10 activity carried out by the Administrator under 

11 paragraph (1), the Administrator may enter 

12 into contracts with 1 or more individuals for 

13 personal service to be performed in recipient 

14 countries or neighboring countries. 

15 ‘‘ ‘(B) PROHIBITION.—An individual who 

16 enters into a contract with the Administrator 

17 under subparagraph (A) shall not be considered 

18 to be an employee of the Federal Government 

19 for the purpose of any law (including regula20 tions) administered by the Office of Personnel 

21 Management. 

22 ‘‘ ‘(C) PERSONAL SERVICE.—Subparagraph 

23 (A) does not limit the ability of the Adminis24 trator to enter into a contract with any indi25 vidual for personal service under section 202(a). 


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1 ‘‘ ‘(6) FUNDING.— 

2 ‘‘ ‘(A) IN GENERAL.—Subject to section 

3 202(h)(3), in addition to other funds made 

4 available to the Administrator to carry out the 

5 monitoring of emergency food assistance, the 

6 Administrator may implement this subsection 

7 using up to $22,000,000 of the funds made 

8 available under this title for each of fiscal years 

9 2009 through 2012, except for paragraph 

10 (2)(F), for which only $2,500,000 shall be 

11 made available during fiscal year 2009. 

12 ‘‘ ‘(B) LIMITATIONS.— 

13 ‘‘ ‘(i) IN GENERAL.—Subject to clause 

14 (ii), of the funds made available under sub15 paragraph (A), for each of fiscal years 

16 2009 through 2012, not more than 

17 $8,000,000 may be used by the Adminis18 trator to carry out paragraph (2)(E). 

19 ‘‘ ‘(ii) CONDITION.—No funds shall be 

20 made available under subparagraph (A), in 

21 accordance with clause (i), unless not less 

22 than $8,000,000 is made available under 

23 chapter 1 of part I of the Foreign Assist24 ance Act of 1961 (22 U.S.C. 2151 et seq.) 

25 for such purposes for such fiscal year. 


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1 ‘‘ ‘(g) PROJECT REPORTING.— 

2 ‘‘ ‘(1) IN GENERAL.—In submitting project re3 ports to the Administrator, a private voluntary orga4 nization or cooperative shall provide a copy of the 

5 report in such form as is necessary for the report to 

6 be displayed for public use on the website of the 

7 United States Agency for International Develop8 ment. 

9 ‘‘ ‘(2) CONFIDENTIAL INFORMATION.—An orga10 nization or cooperative described in paragraph (1) 

11 may omit any confidential information from the copy 

12 of the report submitted for public display under that 

13 paragraph.’. 

14 ‘‘SEC. 3013. ASSISTANCE FOR STOCKPILING AND RAPID 

15 TRANSPORTATION, DELIVERY, AND DIS16 TRIBUTION OF SHELF-STABLE PRE17 PACKAGED FOODS. 

18 ‘‘Section 208(f) of the Food for Peace Act (7 U.S.C. 

19 1726b(f)) is amended— 

20 ‘‘(1) by striking ‘$3,000,000’ and inserting 

21 ‘$8,000,000’; and 

22 ‘‘(2) by striking ‘2007’ and inserting ‘2012’. 

23 ‘‘SEC. 3014. GENERAL AUTHORITIES AND REQUIREMENTS. 

24 ‘‘(a) IN GENERAL.—Section 401 of the Food for 

25 Peace Act (7 U.S.C. 1731) is amended— 


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1 ‘‘(1) by striking subsection (a); 

2 ‘‘(2) by redesignating subsections (b) and (c) as 

3 subsections (a) and (b), respectively; and 

4 ‘‘(3) in subsection (b) (as so redesignated), by 

5 striking ‘(b)(1)’ and inserting ‘(a)(1)’. 

6 ‘‘(b) CONFORMING AMENDMENTS.— 

7 ‘‘(1) Section 406(a) of the Food for Peace Act 

8 (7 U.S.C. 1736(a)) is amended by striking ‘(that 

9 have been determined to be available under section 

10 401(a))’. 

11 ‘‘(2) Subsection (e)(1) of the Food for Progress 

12 Act of 1985 (7 U.S.C. 1736o(e)(1)) is amended by 

13 striking ‘determined to be available under section 

14 401 of the Food for Peace Act’. 

15 ‘‘SEC. 3015. DEFINITIONS. 

16 ‘‘Section 402 of the Food for Peace Act (7 U.S.C. 

17 1732) is amended— 

18 ‘‘(1) by redesignating paragraphs (3) through 

19 (8) as paragraphs (4) through (9), respectively; and 

20 ‘‘(2) by inserting after paragraph (2) the fol21 lowing: 

22 ‘‘ ‘(3) APPROPRIATE COMMITTEE OF CON23 GRESS.—The term ‘‘appropriate committee of Con24 gress’’ means— 


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1 ‘‘ ‘(A) the Committee on Agriculture, Nu2 trition, and Forestry of the Senate; 

3 ‘‘ ‘(B) the Committee on Agriculture of the 

4 House of Representatives; and 

5 ‘‘ ‘(C) the Committee on Foreign Affairs of 

6 the House of Representatives.’. 

7 ‘‘SEC. 3016. USE OF COMMODITY CREDIT CORPORATION. 

8 ‘‘Section 406(b)(2) of the Food for Peace Act (7 

9 U.S.C. 1736(b)(2)) is amended by inserting ‘, including 

10 the costs of carrying out section 415’ before the semicolon. 

11 ‘‘SEC. 3017. ADMINISTRATIVE PROVISIONS. 

12 ‘‘Section 407(c) of the Food for Peace Act (7 U.S.C. 

13 1736a(c)) is amended— 

14 ‘‘(1) in paragraph (4)— 

15 ‘‘(A) by striking ‘Funds made’ and insert16 ing the following: 

17 ‘‘ ‘(A) IN GENERAL.—Funds made’; 

18 ‘‘(B) in subparagraph (A) (as so des19 ignated)— 

20 ‘‘(i) by striking ‘2007’ and inserting 

21 ‘2012’; and 

22 ‘‘(ii) by striking ‘$2,000,000’ and in23 serting ‘$10,000,000’; and 

24 ‘‘(C) by adding at the end the following: 


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1 ‘‘ ‘(B) ADDITIONAL PREPOSITIONING

2 SITES.— 

3 ‘‘ ‘(i) FEASIBILITY ASSESSMENTS.— 

4 The Administrator may carry out assess5 ments for the establishment of not less 

6 than 2 sites to determine the feasibility of, 

7 and costs associated with, using the sites 

8 to store and handle agricultural commod9 ities for prepositioning in foreign countries. 

10 ‘‘ ‘(ii) ESTABLISHMENT OF SITES.— 

11 Based on the results of each assessment 

12 carried out under clause (i), the Adminis13 trator may establish additional sites for 

14 prepositioning in foreign countries.’; and 

15 ‘‘(2) by adding at the end the following: 

16 ‘‘ ‘(5) NONEMERGENCY OR MULTIYEAR AGREE17 MENTS.—Annual resource requests for ongoing non18 emergency or ongoing multiyear agreements under 

19 title II shall be finalized not later than October 1 of 

20 the fiscal year in which the agricultural commodities 

21 will be shipped under the agreement.’. 


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1 ‘‘SEC. 3018. CONSOLIDATION AND MODIFICATION OF AN2 NUAL REPORTS REGARDING AGRICULTURAL 

3 TRADE ISSUES. 

4 ‘‘(a) ANNUAL REPORTS.—Section 407 of the Food 

5 for Peace Act (7 U.S.C. 1736a) is amended by striking 

6 subsection (f) and inserting the following: 

7 ‘‘ ‘(f) ANNUAL REPORTS.— 

8 ‘‘ ‘(1) ANNUAL REPORT REGARDING AGRICUL9 TURAL TRADE PROGRAMS AND ACTIVITIES.— 

10 ‘‘ ‘(A) ANNUAL REPORT.—Not later than 

11 April 1 of each fiscal year, the Administrator 

12 and the Secretary shall jointly prepare and sub13 mit to the appropriate committees of Congress 

14 a report regarding each program and activity 

15 carried out under this Act during the prior fis16 cal year. 

17 ‘‘ ‘(B) CONTENTS.—An annual report de18 scribed in subparagraph (A) shall include, with 

19 respect to the prior fiscal year— 

20 ‘‘ ‘(i) a list that contains a description 

21 of each country and organization that re22 ceives food and other assistance under this 

23 Act (including the quantity of food and as24 sistance provided to each country and or25 ganization); 


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1 ‘‘ ‘(ii) a general description of each 

2 project and activity implemented under 

3 this Act (including each activity funded 

4 through the use of local currencies); 

5 ‘‘ ‘(iii) a statement describing the 

6 quantity of agricultural commodities made 

7 available to each country pursuant to— 

8 ‘‘ ‘(I) section 416(b) of the Agri9 cultural Act of 1949 (7 U.S.C. 

10 1431(b)); and 

11 ‘‘ ‘(II) the Food for Progress Act 

12 of 1985 (7 U.S.C. 1736o); 

13 ‘‘ ‘(iv) an assessment of the progress 

14 made through programs under this Act to15 wards reducing food insecurity in the pop16 ulations receiving food assistance from the 

17 United States; 

18 ‘‘ ‘(v) a description of efforts under19 taken by the Food Aid Consultative Group 

20 under section 205 to achieve an integrated 

21 and effective food assistance program; 

22 ‘‘ ‘(vi) an assessment of— 

23 ‘‘ ‘(I) each program oversight, 

24 monitoring, and evaluation system im25 plemented under section 207(f); and 


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1 ‘‘ ‘(II) the impact of each pro2 gram oversight, monitoring, and eval3 uation system on the effectiveness and 

4 efficiency of assistance provided under 

5 this title; and 

6 ‘‘ ‘(vii) an assessment of the progress 

7 made by the Administrator in addressing 

8 issues relating to quality with respect to 

9 the provision of food assistance. 

10 ‘‘ ‘(2) ANNUAL REPORT REGARDING THE PROVI11 SION OF AGRICULTURAL COMMODITIES TO FOREIGN

12 COUNTRIES.— 

13 ‘‘ ‘(A) ANNUAL REPORT.—Not later than 

14 February 1 of each fiscal year, the Adminis15 trator shall prepare and submit to the appro16 priate committees of Congress a report regard17 ing the administration of food assistance pro18 grams under title II to benefit foreign countries 

19 during the prior fiscal year. 

20 ‘‘ ‘(B) CONTENTS.—An annual report de21 scribed in subparagraph (A) shall include, with 

22 respect to the prior fiscal year— 

23 ‘‘ ‘(i) a list that contains a description 

24 of each program, country, and commodity 


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1 approved for assistance under section 207; 

2 and 

3 ‘‘ ‘(ii) a statement that contains a de4 scription of the total amount of funds ap5 proved for transportation and administra6 tive costs under section 207.’. 

7 ‘‘(b) CONFORMING AMENDMENT.—Section 207(e) of 

8 the Food for Peace Act (7 U.S.C. 1726a(e)) is amended— 

9 ‘‘(1) by striking ‘TIMELY APPROVAL.’ and all 

10 that follows through ‘The Administrator’ and insert11 ing ‘TIMELY APPROVAL.—The Administrator’; and 

12 ‘‘(2) by striking paragraph (2). 

13 ‘‘SEC. 3019. EXPIRATION OF ASSISTANCE. 

14 ‘‘Section 408 of the Food for Peace Act (7 U.S.C. 

15 1736b) is amended by striking ‘2007’ and inserting 

16 ‘2012’. 

17 ‘‘SEC. 3020. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘Section 412 of the Food for Peace Act (7 U.S.C. 

19 1736f) is amended by striking subsection (a) and inserting 

20 the following: 

21 ‘‘ ‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated— 

23 ‘‘ ‘(1) for fiscal year 2008 and each fiscal year 

24 thereafter, $2,500,000,000 to carry out the emerVerDate Aug 31 2005 01:09 May 24, 2008 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\HJ88.IH HJ88

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1 gency and nonemergency food assistance programs 

2 under title II; and 

3 ‘‘ ‘(2) such sums as are necessary— 

4 ‘‘ ‘(A) to carry out the concessional credit 

5 sales program established under title I; 

6 ‘‘ ‘(B) to carry out the grant program es7 tablished under title III; and 

8 ‘‘ ‘(C) to make payments to the Commodity 

9 Credit Corporation to the extent the Commodity 

10 Credit Corporation is not reimbursed under the 

11 programs under this Act for the actual costs in12 curred or to be incurred by the Commodity 

13 Credit Corporation in carrying out such pro14 grams.’. 

15 ‘‘SEC. 3021. MINIMUM LEVEL OF NONEMERGENCY FOOD AS16 SISTANCE. 

17 ‘‘Section 412 of the Food for Peace Act (7 U.S.C. 

18 1736f) is amended by adding at the end the following: 

19 ‘‘ ‘(e) MINIMUM LEVEL OF NONEMERGENCY FOOD

20 ASSISTANCE.— 

21 ‘‘ ‘(1) FUNDS AND COMMODITIES.—Of the 

22 amounts made available to carry out emergency and 

23 nonemergency food assistance programs under title 

24 II, not less than $375,000,000 for fiscal year 2009, 

25 $400,000,000 for fiscal year 2010, $425,000,000 for 


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1 fiscal year 2011, and $450,000,000 for fiscal year 

2 2012 shall be expended for nonemergency food as3 sistance programs under title II. 

4 ‘‘ ‘(2) EXCEPTION.—The President may use less 

5 than the amount specified in paragraph (1) in a fis6 cal year for nonemergency food assistance programs 

7 under title II only if— 

8 ‘‘ ‘(A) the President has made a determina9 tion that there is an urgent need for additional 

10 emergency food assistance; 

11 ‘‘ ‘(B) the funds and commodities held in 

12 the Bill Emerson Humanitarian Trust have 

13 been exhausted; and 

14 ‘‘ ‘(C) the President has submitted to Con15 gress a supplemental appropriations request for 

16 a sum equal to the amount needed to reach the 

17 required spending level for nonemergency food 

18 assistance under paragraph (1) and the amount 

19 exhausted under paragraph (2)(B). 

20 ‘‘ ‘(3) NOTIFICATION TO CONGRESS.—If the 

21 President makes the determination described in 

22 paragraph (2)(A), the President shall submit to 

23 Congress written notification that the determination 

24 has been made.’. 


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1 ‘‘SEC. 3022. COORDINATION OF FOREIGN ASSISTANCE PRO2 GRAMS. 

3 ‘‘Section 413 of the Food for Peace Act (7 U.S.C. 

4 1736g) is amended— 

5 ‘‘(1) by striking ‘To the maximum’ and insert6 ing the following: 

7 ‘‘ ‘(a) IN GENERAL.—To the maximum’; and 

8 ‘‘(2) by adding at the end the following: 

9 ‘‘ ‘(b) REPORT REGARDING EFFORTS TO IMPROVE

10 PROCUREMENT PLANNING.— 

11 ‘‘ ‘(1) REPORT REQUIRED.—Not later than 90 

12 days after the date of enactment of the Food, Con13 servation, and Energy Act of 2008, the Adminis14 trator and the Secretary shall submit to each appro15 priate committee of Congress a report that contains 

16 a description of each effort taken by the Adminis17 trator and the Secretary to improve planning for 

18 food and transportation procurement (including ef19 forts to eliminate bunching of food purchases). 

20 ‘‘ ‘(2) CONTENTS.—A report required under 

21 paragraph (1) should include a description of each 

22 effort taken by the Administrator and the Sec23 retary— 

24 ‘‘ ‘(A) to improve the coordination of food 

25 purchases made by— 


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1 ‘‘ ‘(i) the United States Agency for 

2 International Development; and 

3 ‘‘ ‘(ii) the Department of Agriculture; 

4 ‘‘ ‘(B) to increase flexibility with respect to 

5 procurement schedules; 

6 ‘‘ ‘(C) to increase the use of historical anal7 yses and forecasting; and 

8 ‘‘ ‘(D) to improve and streamline legal 

9 claims processes for resolving transportation 

10 disputes.’. 

11 ‘‘SEC. 3023. MICRONUTRIENT FORTIFICATION PROGRAMS. 

12 ‘‘Section 415 of the Food for Peace Act (7 U.S.C. 

13 1736g–2) is amended— 

14 ‘‘(1) in subsection (a)— 

15 ‘‘(A) in paragraph (1), by striking ‘Not 

16 later than September 30, 2003, the Adminis17 trator, in consultation with the Secretary’ and 

18 inserting ‘Not later than September 30, 2008, 

19 the Administrator, in consultation with the Sec20 retary’; and 

21 ‘‘(B) in paragraph (2)— 

22 ‘‘(i) in subparagraph (A), by adding 

23 ‘and’ after the semicolon at the end; and 

24 ‘‘(ii) by striking subparagraphs (B) 

25 and (C) and inserting the following: 


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1 ‘‘ ‘(B) assess and apply technologies and 

2 systems to improve and ensure the quality, shelf 

3 life, bioavailability, and safety of fortified food 

4 aid agricultural commodities, and products of 

5 those agricultural commodities, using rec6 ommendations included in the report entitled 

7 ‘‘Micronutrient Compliance Review of Fortified 

8 Public Law 480 Commodities’’, published in 

9 October 2001, with implementation by inde10 pendent entities with proven experience and ex11 pertise in food aid commodity quality enhance12 ments.’; 

13 ‘‘(2) by striking subsection (b) and redesig14 nating subsections (c) and (d) as subsections (b) and 

15 (c), respectively; and 

16 ‘‘(3) in subsection (c) (as redesignated by para17 graph (2)), by striking ‘2007’ and inserting ‘2012’. 

18 ‘‘SEC. 3024. JOHN OGONOWSKI AND DOUG BEREUTER 

19 FARMER-TO-FARMER PROGRAM. 

20 ‘‘(a) MINIMUM FUNDING.—Section 501(d) of the 

21 Food for Peace Act (7 U.S.C. 1737(d)) is amended in the 

22 matter preceding paragraph (1)— 

23 ‘‘(1) by striking ‘not less than’ and inserting 

24 ‘not less than the greater of $10,000,000 or’; and 


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1 ‘‘(2) by striking ‘2002 through 2007’ and in2 serting ‘2008 through 2012’. 

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 501(e) of the Food for Peace Act (7 U.S.C. 1737(e)) is 

5 amended by striking paragraph (1) and inserting the fol6 lowing: 

7 ‘‘ ‘(1) IN GENERAL.—There are authorized to 

8 be appropriated for each of fiscal years 2008 

9 through 2012 to carry out the programs under this 

10 section— 

11 ‘‘ ‘(A) $10,000,000 for sub-Saharan Afri12 can and Caribbean Basin countries; and 

13 ‘‘ ‘(B) $5,000,000 for other developing or 

14 middle-income countries or emerging markets 

15 not described in subparagraph (A).’. 

16 ‘‘Subtitle B—Agricultural Trade 

17 Act of 1978 and Related Statutes 

18 ‘‘SEC. 3101. EXPORT CREDIT GUARANTEE PROGRAM. 

19 ‘‘(a) REPEAL OF SUPPLIER CREDIT GUARANTEE

20 PROGRAM AND INTERMEDIATE EXPORT CREDIT GUAR21 ANTEE PROGRAM.—Section 202 of the Agricultural Trade 

22 Act of 1978 (7 U.S.C. 5622) is amended— 

23 ‘‘(1) in subsection (a)— 

24 ‘‘(A) by striking ‘GUARANTEES.—’ and all 

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1 graph (1) and inserting ‘GUARANTEES.—The 

2 Commodity’; and 

3 ‘‘(B) by striking paragraphs (2) and (3); 

4 ‘‘(2) by striking subsections (b) and (c); 

5 ‘‘(3) by redesignating subsections (d) through 

6 (l) as subsections (b) through (j), respectively; and 

7 ‘‘(4) by adding at the end the following: 

8 ‘‘ ‘(k) ADMINISTRATION.— 

9 ‘‘ ‘(1) DEFINITION OF LONG TERM.—In this 

10 subsection, the term ‘‘long term’’ means a period of 

11 10 or more years. 

12 ‘‘ ‘(2) GUARANTEES.—In administering the ex13 port credit guarantees authorized under this section, 

14 the Secretary shall— 

15 ‘‘ ‘(A) maximize the export sales of agricul16 tural commodities; 

17 ‘‘ ‘(B) maximize the export credit guaran18 tees that are made available and used during 

19 the course of a fiscal year; 

20 ‘‘ ‘(C) develop an approach to risk evalua21 tion that facilitates accurate country risk des22 ignations and timely adjustments to the des23 ignations (on an ongoing basis) in response to 

24 material changes in country risk conditions, 


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1 with ongoing opportunity for input and evalua2 tion from the private sector; 

3 ‘‘ ‘(D) adjust risk-based guarantees as nec4 essary to ensure program effectiveness and 

5 United States competitiveness; and 

6 ‘‘ ‘(E) work with industry to ensure, to the 

7 maximum extent practicable, that risk-based 

8 fees associated with the guarantees cover, but 

9 do not exceed, the operating costs and losses 

10 over the long term.’. 

11 ‘‘(b) FUNDING LEVELS.—Section 211 of the Agricul12 tural Trade Act of 1978 (7 U.S.C. 5641) is amended by 

13 striking subsection (b) and inserting the following: 

14 ‘‘ ‘(b) EXPORT CREDIT GUARANTEE PROGRAMS.— 

15 The Commodity Credit Corporation shall make available 

16 for each of fiscal years 1996 through 2012 credit guaran17 tees under section 202(a) in an amount equal to but not 

18 more than the lesser of— 

19 ‘‘ ‘(1) $5,500,000,000 in credit guarantees; or 

20 ‘‘ ‘(2) the sum of— 

21 ‘‘ ‘(A) the amount of credit guarantees that 

22 the Commodity Credit Corporation can make 

23 available using budget authority of $40,000,000 

24 for each fiscal year for the costs of the credit 

25 guarantees; and 


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1 ‘‘ ‘(B) the amount of credit guarantees that 

2 the Commodity Credit Corporation can make 

3 available using unobligated budget authority for 

4 prior fiscal years.’. 

5 ‘‘(c) CONFORMING AMENDMENTS.—Section 202 of 

6 the Agricultural Trade Act of 1978 (7 U.S.C. 5622) is 

7 amended— 

8 ‘‘(1) in subsection (b)(4) (as redesignated by 

9 subsection (a)(3)), by striking ‘, consistent with the 

10 provisions of subsection (c)’; 

11 ‘‘(2) in subsection (d) (as redesignated by sub12 section (a)(3))— 

13 ‘‘(A) by striking ‘(1)’ and all that follows 

14 through ‘The Commodity’ and inserting ‘The 

15 Commodity’; and 

16 ‘‘(B) by striking paragraph (2); and 

17 ‘‘(3) in subsection (g)(2) (as redesignated by 

18 subsection (a)(3)), by striking ‘subsections (a) and 

19 (b)’ and inserting ‘subsection (a)’. 

20 ‘‘SEC. 3102. MARKET ACCESS PROGRAM. 

21 ‘‘(a) ORGANIC COMMODITIES.—Section 203(a) of the 

22 Agricultural Trade Act of 1978 (7 U.S.C. 5623(a)) is 

23 amended by inserting after ‘agricultural commodities’ the 

24 following: ‘(including commodities that are organically 


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1 produced (as defined in section 2103 of the Organic Foods 

2 Production Act of 1990 (7 U.S.C. 6502)))’. 

3 ‘‘(b) FUNDING.—Section 211(c)(1)(A) of the Agricul4 tural Trade Act of 1978 (7 U.S.C. 5641(c)(1)(A)) is 

5 amended by striking ‘$200,000,000 for each of fiscal years 

6 2006 and 2007’ and inserting ‘$200,000,000 for each of 

7 fiscal years 2008 through 2012’. 

8 ‘‘SEC. 3103. EXPORT ENHANCEMENT PROGRAM. 

9 ‘‘(a) IN GENERAL.—Section 301 of the Agricultural 

10 Trade Act of 1978 (7 U.S.C. 5651) is repealed. 

11 ‘‘(b) CONFORMING AMENDMENTS.—The Agricultural 

12 Trade Act of 1978 is amended— 

13 ‘‘(1) in title III, by striking the title heading 

14 and inserting the following: 

15 ‘‘ ‘TITLE III—BARRIERS TO 

16 EXPORTS’; 

17 ‘‘(2) by redesignating sections 302 and 303 (7 

18 U.S.C. 5652 and 5653) as sections 301 and 302, re19 spectively; 

20 ‘‘(3) in section 302 (as redesignated by para21 graph (2)), by striking ‘, such as that established 

22 under section 301,’; 

23 ‘‘(4) in section 401 (7 U.S.C. 5661)— 


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1 ‘‘(A) in subsection (a), by striking ‘section 

2 201, 202, or 301’ and inserting ‘section 201 or 

3 202’; and 

4 ‘‘(B) in subsection (b), by striking ‘sections 

5 201, 202, and 301’ and inserting ‘sections 201 

6 and 202’; and 

7 ‘‘(5) in section 402(a)(1) (7 U.S.C. 

8 5662(a)(1)), by striking ‘sections 201, 202, 203, and 

9 301’ and inserting ‘sections 201, 202, and 203’. 

10 ‘‘SEC. 3104. FOREIGN MARKET DEVELOPMENT COOP11 ERATOR PROGRAM. 

12 ‘‘(a) REPORT TO CONGRESS.—Section 702(c) of the 

13 Agricultural Trade Act of 1978 (7 U.S.C. 5722(c)) is 

14 amended by striking ‘Committee on International Rela15 tions’ and inserting ‘Committee on Foreign Affairs’. 

16 ‘‘(b) FUNDING.—Section 703(a) of the Agricultural 

17 Trade Act of 1978 (7 U.S.C. 5723(a)) is amended by 

18 striking ‘2002 through 2007’ and inserting ‘2008 through 

19 2012’. 

20 ‘‘SEC. 3105. FOOD FOR PROGRESS ACT OF 1985. 

21 ‘‘(a) IN GENERAL.—The Food for Progress Act of 

22 1985 (7 U.S.C. 1736o) is amended by striking ‘2007’ each 

23 place it appears and inserting ‘2012’. 

24 ‘‘(b) DESIGNATION OF PROJECT IN SUB-SAHARAN

25 AFRICA.—The Food for Progress Act of 1985 (7 U.S.C. 


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1 1736o) is amended in subsection (f) by adding at the end 

2 the following: 

3 ‘‘ ‘(6) PROJECT IN MALAWI.— 

4 ‘‘ ‘(A) IN GENERAL.—In carrying out this 

5 section during fiscal year 2009, the President 

6 shall approve not less than 1 multiyear project 

7 for Malawi— 

8 ‘‘ ‘(i) to promote sustainable agri9 culture; and 

10 ‘‘ ‘(ii) to increase the number of 

11 women in leadership positions. 

12 ‘‘ ‘(B) USE OF ELIGIBLE COMMODITIES.— 

13 Of the eligible commodities used to carry out 

14 this section during the period in which the 

15 project described in subparagraph (A) is carried 

16 out, the President shall carry out the project 

17 using eligible commodities with a total value of 

18 not less than $3,000,000 during the course of 

19 the project.’. 

20 ‘‘SEC. 3106. MCGOVERN-DOLE INTERNATIONAL FOOD FOR 

21 EDUCATION AND CHILD NUTRITION PRO22 GRAM. 

23 ‘‘Section 3107 of the Farm Security and Rural In24 vestment Act of 2002 (7 U.S.C. 1736o–1) is amended— 


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1 ‘‘(1) in subsections (b), (c)(2)(B), (f)(1), (h), 

2 (i), and (l)(1), by striking ‘President’ each place it 

3 appears and inserting ‘Secretary’; 

4 ‘‘(2) in subsection (d), by striking ‘The Presi5 dent shall designate 1 or more Federal agencies’ and 

6 inserting ‘The Secretary shall’; 

7 ‘‘(3) in paragraph (f)(2), by striking ‘imple8 menting agency’ and inserting ‘Secretary’; and 

9 ‘‘(4) in subsection (l)— 

10 ‘‘(A) by striking paragraph (1) and insert11 ing the following: 

12 ‘‘ ‘(1) USE OF COMMODITY CREDIT CORPORA13 TION FUNDS.—Of the funds of the Commodity Cred14 it Corporation, the Secretary shall use to carry out 

15 this section $84,000,000 for fiscal year 2009, to re16 main available until expended.’; 

17 ‘‘(B) in paragraph (2), by striking ‘2004 

18 through 2007’ and inserting ‘2008 through 

19 2012’; and 

20 ‘‘(C) in paragraph (3), by striking ‘any 

21 Federal agency implementing or assisting’ and 

22 inserting ‘the Department of Agriculture or any 

23 other Federal agency assisting’. 


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1 ‘‘Subtitle C—Miscellaneous 

2 ‘‘SEC. 3201. BILL EMERSON HUMANITARIAN TRUST. 

3 ‘‘Section 302 of the Bill Emerson Humanitarian 

4 Trust Act (7 U.S.C. 1736f–1) is amended— 

5 ‘‘(1) in subsection (a)— 

6 ‘‘(A) by striking ‘establish a trust stock’ 

7 and inserting ‘establish and maintain a trust’; 

8 and 

9 ‘‘(B) by striking ‘or any combination of the 

10 commodities, totaling not more than 4,000,000 

11 metric tons’ and inserting ‘any combination of 

12 the commodities, or funds’; 

13 ‘‘(2) in subsection (b)— 

14 ‘‘(A) in paragraph (1), by striking sub15 paragraph (D) and inserting the following: 

16 ‘‘ ‘(D) funds made available— 

17 ‘‘ ‘(i) under paragraph (2)(B); 

18 ‘‘ ‘(ii) as a result of an exchange of 

19 any commodity held in the trust for an 

20 equivalent amount of funds from the mar21 ket, if the Secretary determines that such 

22 a sale of the commodity on the market will 

23 not unduly disrupt domestic markets; or 


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1 ‘‘ ‘(iii) to maximize the value of the 

2 trust, in accordance with subsection 

3 (d)(3).’; and 

4 ‘‘(B) in paragraph (2)(B)— 

5 ‘‘(i) in clause (i)— 

6 ‘‘(I) by striking ‘2007’ each place 

7 it appears and inserting ‘2012’; 

8 ‘‘(II) by striking ‘(c)(2)’ and in9 serting ‘(c)(1)’; and 

10 ‘‘(III) by striking ‘and’ at the 

11 end; 

12 ‘‘(ii) in clause (ii), by striking the pe13 riod at the end and inserting ‘; or’; and 

14 ‘‘(iii) by adding at the end the fol15 lowing: 

16 ‘‘ ‘(iii) from funds accrued through the 

17 management of the trust under subsection 

18 (d).’; 

19 ‘‘(3) in subsection (c)— 

20 ‘‘(A) by striking paragraphs (1) and (2) 

21 and inserting the following: 

22 ‘‘ ‘(1) RELEASES FOR EMERGENCY ASSIST23 ANCE.— 

24 ‘‘ ‘(A) DEFINITION OF EMERGENCY.— 


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1 ‘‘ ‘(i) IN GENERAL.—In this para2 graph, the term ‘‘emergency’’ means an ur3 gent situation— 

4 ‘‘ ‘(I) in which there is clear evi5 dence that an event or series of events 

6 described in clause (ii) has occurred— 

7 ‘‘ ‘(aa) that causes human 

8 suffering; and 

9 ‘‘ ‘(bb) for which a govern10 ment concerned has not chosen, 

11 or has not the means, to remedy; 

12 or 

13 ‘‘ ‘(II) created by a demonstrably 

14 abnormal event or series of events 

15 that produces dislocation in the lives 

16 of residents of a country or region of 

17 a country on an exceptional scale. 

18 ‘‘ ‘(ii) EVENT OR SERIES OF

19 EVENTS.—An event or series of events re20 ferred to in clause (i) includes 1 or more 

21 of— 

22 ‘‘ ‘(I) a sudden calamity, such as 

23 an earthquake, flood, locust infesta24 tion, or similar unforeseen disaster; 


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1 ‘‘ ‘(II) a human-made emergency 

2 resulting in— 

3 ‘‘ ‘(aa) a significant influx of 

4 refugees; 

5 ‘‘ ‘(bb) the internal displace6 ment of populations; or 

7 ‘‘ ‘(cc) the suffering of other8 wise affected populations; 

9 ‘‘ ‘(III) food scarcity conditions 

10 caused by slow-onset events, such as 

11 drought, crop failure, pest infestation, 

12 and disease, that result in an erosion 

13 of the ability of communities and vul14 nerable populations to meet food 

15 needs; and 

16 ‘‘ ‘(IV) severe food access or 

17 availability conditions resulting from 

18 sudden economic shocks, market fail19 ure, or economic collapse, that result 

20 in an erosion of the ability of commu21 nities and vulnerable populations to 

22 meet food needs. 

23 ‘‘ ‘(B) RELEASES.— 

24 ‘‘ ‘(i) IN GENERAL.—Any funds or 

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1 leased to provide food, and cover any asso2 ciated costs, under title II of the Food for 

3 Peace Act (7 U.S.C. 1721 et seq.)— 

4 ‘‘ ‘(I) to assist in averting an 

5 emergency, including during the pe6 riod immediately preceding the emer7 gency; 

8 ‘‘ ‘(II) to respond to an emer9 gency; or 

10 ‘‘ ‘(III) for recovery and rehabili11 tation after an emergency. 

12 ‘‘ ‘(ii) PROCEDURE.—A release under 

13 clause (i) shall be carried out in the same 

14 manner, and pursuant to the same author15 ity as provided in title II of that Act. 

16 ‘‘ ‘(C) INSUFFICIENCY OF OTHER

17 FUNDS.—The funds and commodities held in 

18 the trust shall be made immediately available 

19 on a determination by the Administrator that 

20 funds available for emergency needs under title 

21 II of that Act (7 U.S.C. 1721 et seq.) for a fis22 cal year are insufficient to meet emergency 

23 needs during the fiscal year. 

24 ‘‘ ‘(D) WAIVER RELATING TO MINIMUM

25 TONNAGE REQUIREMENTS.—Nothing in this 


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1 paragraph requires a waiver by the Adminis2 trator of the Agency for International Develop3 ment under section 204(a)(3) of the Food for 

4 Peace Act (7 U.S.C. 1724(a)(3)) as a condition 

5 for a release of funds or commodities under 

6 subparagraph (B).’; and 

7 ‘‘(B) by redesignating paragraphs (3) 

8 through (5) as paragraphs (2) through (4), re9 spectively; 

10 ‘‘(4) in subsection (d)— 

11 ‘‘(A) by redesignating paragraphs (1) 

12 through (3) as subparagraphs (A) through (C), 

13 respectively, and indenting the subparagraphs 

14 appropriately; 

15 ‘‘(B) by striking the subsection designation 

16 and heading and all that follows through ‘pro17 vide—’ and inserting the following: 

18 ‘‘ ‘(d) MANAGEMENT OF TRUST.— 

19 ‘‘ ‘(1) IN GENERAL.—The Secretary shall pro20 vide for the management of eligible commodities and 

21 funds held in the trust in a manner that is con22 sistent with maximizing the value of the trust, as de23 termined by the Secretary. 

24 ‘‘ ‘(2) ELIGIBLE COMMODITIES.—The Secretary 

25 shall provide—’; 


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1 ‘‘(C) in paragraph (2) (as redesignated by 

2 subparagraph (B))— 

3 ‘‘(i) in subparagraph (B) (as redesig4 nated by subparagraph (A)), by striking 

5 ‘and’ at the end; and 

6 ‘‘(ii) in subparagraph (C) (as redesig7 nated by subparagraph (A)), by striking 

8 the period at the end and inserting ‘; and’; 

9 and 

10 ‘‘(D) by adding at the end the following: 

11 ‘‘ ‘(3) FUNDS.— 

12 ‘‘ ‘(A) EXCHANGES.—If any commodity 

13 held in the trust is exchanged for funds under 

14 subsection (b)(1)(D)(ii), the funds shall be held 

15 in the trust until the date on which the funds 

16 are released in the case of an emergency under 

17 subsection (c). 

18 ‘‘ ‘(B) INVESTMENT.—The Secretary may 

19 invest funds held in the trust in any short-term 

20 obligation of the United States or any other 

21 low-risk short-term instrument or security in22 sured by the Federal Government in which a 

23 regulated insurance company may invest under 

24 the laws of the District of Columbia.’; and 


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1 ‘‘(5) in subsection (h), in each of paragraphs 

2 (1) and (2), by striking ‘2007’ each place it appears 

3 and inserting ‘2012’. 

4 ‘‘SEC. 3202. GLOBAL CROP DIVERSITY TRUST. 

5 ‘‘(a) CONTRIBUTION.—The Administrator of the 

6 United States Agency for International Development shall 

7 contribute funds to endow the Global Crop Diversity Trust 

8 (referred to in this section as the ‘Trust’) to assist in the 

9 conservation of genetic diversity in food crops through the 

10 collection and storage of the germplasm of food crops in 

11 a manner that provides for— 

12 ‘‘(1) the maintenance and storage of seed col13 lections; 

14 ‘‘(2) the documentation and cataloguing of the 

15 genetics and characteristics of conserved seeds to en16 sure efficient reference for researchers, plant breed17 ers, and the public; 

18 ‘‘(3) building the capacity of seed collection in 

19 developing countries; 

20 ‘‘(4) making information regarding crop genetic 

21 data publicly available for researchers, plant breed22 ers, and the public (including through the provision 

23 of an accessible Internet website); 

24 ‘‘(5) the operation and maintenance of a back25 up facility in which are stored duplicate samples of 


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1 seeds, in the case of natural or man-made disasters; 

2 and 

3 ‘‘(6) oversight designed to ensure international 

4 coordination of those actions and efficient, public ac5 cessibility to that diversity through a cost-effective 

6 system. 

7 ‘‘(b) UNITED STATES CONTRIBUTION LIMIT.—The 

8 aggregate contributions of funds of the Federal Govern9 ment provided to the Trust shall not exceed 25 percent 

10 of the total amount of funds contributed to the Trust from 

11 all sources. 

12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to carry out this section 

14 $60,000,000 for the period of fiscal years 2008 through 

15 2012. 

16 ‘‘SEC. 3203. TECHNICAL ASSISTANCE FOR SPECIALTY 

17 CROPS. 

18 ‘‘Section 3205 of the Farm Security and Rural In19 vestment Act of 2002 (7 U.S.C. 5680) is amended by 

20 striking subsection (d) and inserting the following: 

21 ‘‘ ‘(d) ANNUAL REPORT.—Not later than 180 days 

22 after the date of enactment of the Food, Conservation, and 

23 Energy Act of 2008 and annually thereafter, the Secretary 

24 shall submit to the appropriate committees of Congress 

25 a report that contains, for the period covered by the reVerDate Aug 31 2005 01:09 May 24, 2008 Jkt 069200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\HJ88.IH HJ88

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1 port, a description of each factor that affects the export 

2 of specialty crops, including each factor relating to any— 

3 ‘‘ ‘(1) significant sanitary or phytosanitary 

4 issue; or 

5 ‘‘ ‘(2) trade barrier. 

6 ‘‘ ‘(e) FUNDING.— 

7 ‘‘ ‘(1) COMMODITY CREDIT CORPORATION.—The 

8 Secretary shall use the funds, facilities, and authori9 ties of the Commodity Credit Corporation to carry 

10 out this section. 

11 ‘‘ ‘(2) FUNDING AMOUNTS.—Of the funds of the 

12 Commodity Credit Corporation, the Secretary shall 

13 use to carry out this section— 

14 ‘‘ ‘(A) $4,000,000 for fiscal year 2008; 

15 ‘‘ ‘(B) $7,000,000 for fiscal year 2009; 

16 ‘‘ ‘(C) $8,000,000 for fiscal year 2010; 

17 ‘‘ ‘(D) $9,000,000 for fiscal year 2011; and 

18 ‘‘ ‘(E) $9,000,000 for fiscal year 2012.’. 

19 ‘‘SEC. 3204. EMERGING MARKETS AND FACILITY GUAR20 ANTEE LOAN PROGRAM. 

21 ‘‘Section 1542 of the Food, Agriculture, Conserva22 tion, and Trade Act of 1990 (7 U.S.C. 5622 note; Public 

23 Law 101–624) is amended— 

24 ‘‘(1) in subsection (a), by striking ‘2007’ and 

25 inserting ‘2012’; 


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1 ‘‘(2) in subsection (b)— 

2 ‘‘(A) in the first sentence, by redesignating 

3 paragraphs (1) and (2) as subparagraphs (A) 

4 and (B), respectively, and indenting appro5 priately; 

6 ‘‘(B) by striking ‘A portion’ and inserting 

7 the following: 

8 ‘‘ ‘(1) IN GENERAL.—A portion’; 

9 ‘‘(C) in the second sentence, by striking 

10 ‘The Commodity Credit Corporation’ and in11 serting the following: 

12 ‘‘ ‘(2) PRIORITY.—The Commodity Credit Cor13 poration’; and 

14 ‘‘(D) by adding at the end the following: 

15 ‘‘ ‘(3) CONSTRUCTION WAIVER.—The Secretary 

16 may waive any applicable requirements relating to 

17 the use of United States goods in the construction 

18 of a proposed facility, if the Secretary determines 

19 that— 

20 ‘‘ ‘(A) goods from the United States are 

21 not available; or 

22 ‘‘ ‘(B) the use of goods from the United 

23 States is not practicable. 


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1 ‘‘ ‘(4) TERM OF GUARANTEE.—A facility pay2 ment guarantee under this subsection shall be for a 

3 term that is not more than the lesser of— 

4 ‘‘ ‘(A) the term of the depreciation schedule 

5 of the facility assisted; or 

6 ‘‘ ‘(B) 20 years.’; and 

7 ‘‘(3) in subsection (d)(1)(A)(i) by striking 

8 ‘2007’ and inserting ‘2012’. 

9 ‘‘SEC. 3205. CONSULTATIVE GROUP TO ELIMINATE THE USE 

10 OF CHILD LABOR AND FORCED LABOR IN IM11 PORTED AGRICULTURAL PRODUCTS. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) CHILD LABOR.—The term ‘child labor’ 

14 means the worst forms of child labor as defined in 

15 International Labor Convention 182, the Convention 

16 Concerning the Prohibition and Immediate Action 

17 for the Elimination of the Worst Forms of Child 

18 Labor, done at Geneva on June 17, 1999. 

19 ‘‘(2) CONSULTATIVE GROUP.—The term ‘Con20 sultative Group’ means the Consultative Group to 

21 Eliminate the Use of Child Labor and Forced Labor 

22 in Imported Agricultural Products established under 

23 subsection (b). 

24 ‘‘(3) FORCED LABOR.—The term ‘forced labor’ 

25 means all work or service— 


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1 ‘‘(A) that is exacted from any individual 

2 under menace of any penalty for nonperform3 ance of the work or service, and for which— 

4 ‘‘(i) the work or service is not offered 

5 voluntarily; or 

6 ‘‘(ii) the work or service is performed 

7 as a result of coercion, debt bondage, or 

8 involuntary servitude (as those terms are 

9 defined in section 103 of the Trafficking 

10 Victims Protection Act of 2000 (22 U.S.C. 

11 7102)); and 

12 ‘‘(B) by 1 or more individuals who, at the 

13 time of performing the work or service, were 

14 being subjected to a severe form of trafficking 

15 in persons (as that term is defined in that sec16 tion). 

17 ‘‘(b) ESTABLISHMENT.—There is established a group 

18 to be known as the ‘Consultative Group to Eliminate the 

19 Use of Child Labor and Forced Labor in Imported Agri20 cultural Products’ to develop recommendations relating to 

21 guidelines to reduce the likelihood that agricultural prod22 ucts or commodities imported into the United States are 

23 produced with the use of forced labor and child labor. 

24 ‘‘(c) DUTIES.— 


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1 ‘‘(1) IN GENERAL.—Not later than 2 years 

2 after the date of enactment of this Act and in ac3 cordance with section 105(d) of the Trafficking Vic4 tims Protection Act of 2000 (22 U.S.C. 7103(d)), as 

5 applicable to the importation of agricultural prod6 ucts made with the use of child labor or forced 

7 labor, the Consultative Group shall develop, and sub8 mit to the Secretary, recommendations relating to a 

9 standard set of practices for independent, third10 party monitoring and verification for the production, 

11 processing, and distribution of agricultural products 

12 or commodities to reduce the likelihood that agricul13 tural products or commodities imported into the 

14 United States are produced with the use of forced 

15 labor or child labor. 

16 ‘‘(2) GUIDELINES.— 

17 ‘‘(A) IN GENERAL.—Not later than 1 year 

18 after the date on which the Secretary receives 

19 recommendations under paragraph (1), the Sec20 retary shall release guidelines for a voluntary 

21 initiative to enable entities to address issues 

22 raised by the Trafficking Victims Protection 

23 Act of 2000 (22 U.S.C. 7101 et seq.). 

24 ‘‘(B) REQUIREMENTS.—Guidelines re25 leased under subparagraph (A) shall be pubVerDate Aug 31 2005 01:09 May 24, 2008 Jkt 069200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\HJ88.IH HJ88

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1 lished in the Federal Register and made avail2 able for public comment for a period of 90 

3 days. 

4 ‘‘(d) MEMBERSHIP.—The Consultative Group shall 

5 be composed of not more than 13 individuals, of whom— 

6 ‘‘(1) 2 members shall represent the Department 

7 of Agriculture, as determined by the Secretary; 

8 ‘‘(2) 1 member shall be the Deputy Under Sec9 retary for International Affairs of the Department of 

10 Labor; 

11 ‘‘(3) 1 member shall represent the Department 

12 of State, as determined by the Secretary of State; 

13 ‘‘(4) 3 members shall represent private agri14 culture-related enterprises, which may include retail15 ers, food processors, importers, and producers, of 

16 whom at least 1 member shall be an importer, food 

17 processor, or retailer who utilizes independent, third18 party supply chain monitoring for forced labor or 

19 child labor; 

20 ‘‘(5) 2 members shall represent institutions of 

21 higher education and research institutions, as deter22 mined appropriate by the Bureau of International 

23 Labor Affairs of the Department of Labor; 

24 ‘‘(6) 1 member shall represent an organization 

25 that provides independent, third-party certification 


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1 services for labor standards for producers or import2 ers of agricultural commodities or products; and 

3 ‘‘(7) 3 members shall represent organizations 

4 described in section 501(c)(3) of the Internal Rev5 enue Code of 1986 that have expertise on the issues 

6 of international child labor and do not possess a con7 flict of interest associated with establishment of the 

8 guidelines issued under subsection (c)(2), as deter9 mined by the Bureau of International Labor Affairs 

10 of the Department of Labor, including representa11 tives from consumer organizations and trade unions, 

12 if appropriate. 

13 ‘‘(e) CHAIRPERSON.—A representative of the Depart14 ment of Agriculture appointed under subsection (d)(1), as 

15 determined by the Secretary, shall serve as the chair16 person of the Consultative Group. 

17 ‘‘(f) REQUIREMENTS.—Not less than 4 times per 

18 year, the Consultative Group shall meet at the call of the 

19 Chairperson, after reasonable notice to all members, to de20 velop recommendations described in subsection (c)(1). 

21 ‘‘(g) NONAPPLICABILITY OF FACA.—The Federal 

22 Advisory Committee Act (5 U.S.C. App.) shall not apply 

23 to the Consultative Group. 

24 ‘‘(h) ANNUAL REPORTS.—Not later than 1 year after 

25 the date of enactment of this Act, and annually thereafter 


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1 through December 31, 2012, the Secretary shall submit 

2 to the Committees on Agriculture and Foreign Affairs of 

3 the House of Representatives and the Committee on Agri4 culture, Nutrition, and Forestry of the Senate a report 

5 describing the activities and recommendations of the Con6 sultative Group. 

7 ‘‘(i) TERMINATION OF AUTHORITY.—The Consult8 ative Group shall terminate on December 31, 2012. 

9 ‘‘SEC. 3206. LOCAL AND REGIONAL FOOD AID PROCURE10 MENT PROJECTS. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis13 trator’ means the Administrator of the Agency for 

14 International Development. 

15 ‘‘(2) APPROPRIATE COMMITTEE OF CON16 GRESS.—The term ‘appropriate committee of Con17 gress’ means— 

18 ‘‘(A) the Committee on Agriculture, Nutri19 tion, and Forestry of the Senate; 

20 ‘‘(B) the Committee on Agriculture of the 

21 House of Representatives; and 

22 ‘‘(C) the Committee on Foreign Affairs of 

23 the House of Representatives. 


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1 ‘‘(3) ELIGIBLE COMMODITY.—The term ‘eligible 

2 commodity’ means an agricultural commodity (or the 

3 product of an agricultural commodity) that— 

4 ‘‘(A) is produced in, and procured from, a 

5 developing country; and 

6 ‘‘(B) at a minimum, meets each nutri7 tional, quality, and labeling standard of the 

8 country that receives the agricultural com9 modity, as determined by the Secretary. 

10 ‘‘(4) ELIGIBLE ORGANIZATION.—The term ‘eli11 gible organization’ means an organization that is— 

12 ‘‘(A) described in section 202(d) of the 

13 Food for Peace Act (7 U.S.C. 1722(d)); and 

14 ‘‘(B) with respect to nongovernmental or15 ganizations, subject to regulations promulgated 

16 or guidelines issued to carry out this section, 

17 including United States audit requirements that 

18 are applicable to nongovernmental organiza19 tions. 

20 ‘‘(b) STUDY; FIELD-BASED PROJECTS.— 

21 ‘‘(1) STUDY.— 

22 ‘‘(A) IN GENERAL.—Not later than 30 

23 days after the date of enactment of this Act, 

24 the Secretary shall initiate a study of prior local 


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1 and regional procurements for food aid pro2 grams conducted by— 

3 ‘‘(i) other donor countries; 

4 ‘‘(ii) private voluntary organizations; 

5 and 

6 ‘‘(iii) the World Food Program of the 

7 United Nations. 

8 ‘‘(B) REPORT.—Not later than 180 days 

9 after the date of enactment of this Act, the Sec10 retary shall submit to the appropriate commit11 tees of Congress a report containing the results 

12 of the study conducted under subparagraph 

13 (A). 

14 ‘‘(2) FIELD-BASED PROJECTS.— 

15 ‘‘(A) IN GENERAL.—In accordance with 

16 subparagraph (B), the Secretary shall provide 

17 grants to, or enter into cooperative agreements 

18 with, eligible organizations to carry out field19 based projects that consist of local or regional 

20 procurements of eligible commodities to respond 

21 to food crises and disasters in accordance with 

22 this section. 

23 ‘‘(B) CONSULTATION WITH ADMINIS24 TRATOR.—In carrying out the development and 

25 implementation of field-based projects under 


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1 subparagraph (A), the Secretary shall consult 

2 with the Administrator. 

3 ‘‘(c) PROCUREMENT.— 

4 ‘‘(1) IN GENERAL.—Any eligible commodity 

5 that is procured for a field-based project carried out 

6 under subsection (b)(2) shall be procured through 

7 any approach or methodology that the Secretary 

8 considers to be an effective approach or methodology 

9 to provide adequate information regarding the man10 ner by which to expedite, to the maximum extent 

11 practicable, the provision of food aid to affected pop12 ulations without significantly increasing commodity 

13 costs for low-income consumers who procure com14 modities sourced from the same markets at which 

15 the eligible commodity is procured. 

16 ‘‘(2) REQUIREMENTS.— 

17 ‘‘(A) IMPACT ON LOCAL FARMERS AND

18 COUNTRIES.—The Secretary shall ensure that 

19 the local or regional procurement of any eligible 

20 commodity under this section will not have a 

21 disruptive impact on farmers located in, or the 

22 economy of— 

23 ‘‘(i) the recipient country of the eligi24 ble commodity; or 


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1 ‘‘(ii) any country in the region in 

2 which the eligible commodity may be pro3 cured. 

4 ‘‘(B) TRANSSHIPMENT.—The Secretary 

5 shall, in accordance with such terms and condi6 tions as the Secretary considers to be appro7 priate, require from each eligible organization 

8 commitments designed to prevent or restrict— 

9 ‘‘(i) the resale or transshipment of 

10 any eligible commodity procured under this 

11 section to any country other than the re12 cipient country; and 

13 ‘‘(ii) the use of the eligible commodity 

14 for any purpose other than food aid. 

15 ‘‘(C) WORLD PRICES.— 

16 ‘‘(i) IN GENERAL.—In carrying out 

17 this section, the Secretary shall take any 

18 precaution that the Secretary considers to 

19 be reasonable to ensure that the procure20 ment of eligible commodities will not un21 duly disrupt— 

22 ‘‘(I) world prices for agricultural 

23 commodities; or 

24 ‘‘(II) normal patterns of commer25 cial trade with foreign countries. 


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1 ‘‘(ii) PROCUREMENT PRICE.—The 

2 procurement of any eligible commodity 

3 shall be made at a reasonable market price 

4 with respect to the economy of the country 

5 in which the eligible commodity is pro6 cured, as determined by the Secretary. 

7 ‘‘(d) REGULATIONS; GUIDELINES.— 

8 ‘‘(1) IN GENERAL.—In accordance with para9 graph (2), not later than 180 days after the date of 

10 completion of the study under subsection (b)(1), the 

11 Secretary shall promulgate regulations or issue 

12 guidelines to carry out field-based projects under 

13 this section. 

14 ‘‘(2) REQUIREMENTS.— 

15 ‘‘(A) USE OF STUDY.—In promulgating 

16 regulations or issuing guidelines under para17 graph (1), the Secretary shall take into consid18 eration the results of the study described in 

19 subsection (b)(1). 

20 ‘‘(B) PUBLIC REVIEW AND COMMENT.—In 

21 promulgating regulations or issuing guidelines 

22 under paragraph (1), the Secretary shall pro23 vide an opportunity for public review and com24 ment. 


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1 ‘‘(3) AVAILABILITY.—The Secretary shall not 

2 approve the procurement of any eligible commodity 

3 under this section until the date on which the Sec4 retary promulgates regulations or issues guidelines 

5 under paragraph (1). 

6 ‘‘(e) FIELD-BASED PROJECT GRANTS OR COOPERA7 TIVE AGREEMENTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall award 

9 grants to, or enter into cooperative agreements with, 

10 eligible organizations to carry out field-based 

11 projects. 

12 ‘‘(2) REQUIREMENTS OF ELIGIBLE ORGANIZA13 TIONS.— 

14 ‘‘(A) APPLICATION.— 

15 ‘‘(i) IN GENERAL.—To be eligible to 

16 receive a grant from, or enter into a coop17 erative agreement with, the Secretary 

18 under this subsection, an eligible organiza19 tion shall submit to the Secretary an appli20 cation by such date, in such manner, and 

21 containing such information as the Sec22 retary may require. 

23 ‘‘(ii) OTHER APPLICABLE REQUIRE24 MENTS.—Any other applicable requirement 

25 relating to the submission of proposals for 


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1 consideration shall apply to the submission 

2 of an application required under clause (i), 

3 as determined by the Secretary. 

4 ‘‘(B) COMPLETION REQUIREMENT.—To be 

5 eligible to receive a grant from, or enter into a 

6 cooperative agreement with, the Secretary 

7 under this subsection, an eligible organization 

8 shall agree— 

9 ‘‘(i) to collect by September 30, 2011, 

10 data containing the information required 

11 under subsection (f)(1)(B) relating to the 

12 field-based project funded through the 

13 grant; and 

14 ‘‘(ii) to provide to the Secretary the 

15 data collected under clause (i). 

16 ‘‘(3) REQUIREMENTS OF SECRETARY.— 

17 ‘‘(A) PROJECT DIVERSITY.— 

18 ‘‘(i) IN GENERAL.—Subject to clause 

19 (ii) and subparagraph (B), in selecting 

20 proposals for field-based projects to fund 

21 under this section, the Secretary shall se22 lect a diversity of projects, including 

23 projects located in— 

24 ‘‘(I) food surplus regions; 


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1 ‘‘(II) food deficit regions (that 

2 are carried out using regional pro3 curement methods); and 

4 ‘‘(III) multiple geographical re5 gions. 

6 ‘‘(ii) PRIORITY.—In selecting pro7 posals for field-based projects under clause 

8 (i), the Secretary shall ensure that the ma9 jority of selected proposals are for field10 based projects that— 

11 ‘‘(I) are located in Africa; and 

12 ‘‘(II) procure eligible commodities 

13 that are produced in Africa. 

14 ‘‘(B) DEVELOPMENT ASSISTANCE.—A por15 tion of the funds provided under this subsection 

16 shall be made available for field-based projects 

17 that provide development assistance for a period 

18 of not less than 1 year. 

19 ‘‘(4) AVAILABILITY.—The Secretary shall not 

20 award a grant to any eligible organization under 

21 paragraph (1) until the date on which the Secretary 

22 promulgates regulations or issues guidelines under 

23 subsection (d)(1). 

24 ‘‘(f) INDEPENDENT EVALUATIONS; REPORT.— 

25 ‘‘(1) INDEPENDENT EVALUATIONS.— 


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1 ‘‘(A) IN GENERAL.—Not later than No2 vember 1, 2011, the Secretary shall ensure that 

3 an independent third party conducts an inde4 pendent evaluation of all field-based projects 

5 that— 

6 ‘‘(i) addresses each factor described in 

7 subparagraph (B); and 

8 ‘‘(ii) is conducted in accordance with 

9 this section. 

10 ‘‘(B) REQUIRED FACTORS.—The Secretary 

11 shall require the independent third party to de12 velop— 

13 ‘‘(i) with respect to each relevant mar14 ket in which an eligible commodity was 

15 procured under this section, a description 

16 of— 

17 ‘‘(I) the prevailing and historic 

18 supply, demand, and price movements 

19 of the market (including the extent of 

20 competition for procurement bids); 

21 ‘‘(II) the impact of the procure22 ment of the eligible commodity on 

23 producer and consumer prices in the 

24 market; 


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1 ‘‘(III) each government market 

2 interference or other activity of the 

3 donor country that might have signifi4 cantly affected the supply or demand 

5 of the eligible commodity in the area 

6 at which the local or regional procure7 ment occurred; 

8 ‘‘(IV) the quantities and types of 

9 eligible commodities procured in the 

10 market; 

11 ‘‘(V) the time frame for procure12 ment of each eligible commodity; and 

13 ‘‘(VI) the total cost of the pro14 curement of each eligible commodity 

15 (including storage, handling, transpor16 tation, and administrative costs); 

17 ‘‘(ii) an assessment regarding— 

18 ‘‘(I) whether the requirements of 

19 this section have been met; 

20 ‘‘(II) the impact of different 

21 methodologies and approaches on— 

22 ‘‘(aa) local and regional ag23 ricultural producers (including 

24 large and small agricultural pro25 ducers); 


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1 ‘‘(bb) markets; 

2 ‘‘(cc) low-income consumers; 

3 and 

4 ‘‘(dd) program recipients; 

5 and 

6 ‘‘(III) the length of the period 

7 beginning on the date on which the 

8 Secretary initiated the procurement 

9 process and ending on the date of de10 livery of eligible commodities; 

11 ‘‘(iii) a comparison of different meth12 odologies used to carry out this section, 

13 with respect to— 

14 ‘‘(I) the benefits to local agri15 culture; 

16 ‘‘(II) the impact on markets and 

17 consumers; 

18 ‘‘(III) the period of time required 

19 for procurement and delivery; 

20 ‘‘(IV) quality and safety assur21 ances; and 

22 ‘‘(V) implementation costs; and 

23 ‘‘(iv) to the extent adequate informa24 tion is available (including the results of 

25 the report required under subsection 


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1 (b)(1)(B)), a comparison of the different 

2 methodologies used by other donor coun3 tries to make local and regional procure4 ments. 

5 ‘‘(C) INDEPENDENT THIRD PARTY ACCESS

6 TO RECORDS AND REPORTS.—The Secretary 

7 shall provide to the independent third party ac8 cess to each record and report that the inde9 pendent third party determines to be necessary 

10 to complete the independent evaluation. 

11 ‘‘(D) PUBLIC ACCESS TO RECORDS AND

12 REPORTS.—Not later than 180 days after the 

13 date described in paragraph (2), the Secretary 

14 shall provide public access to each record and 

15 report described in subparagraph (C). 

16 ‘‘(2) REPORT.—Not later than 4 years after the 

17 date of enactment of this Act, the Secretary shall 

18 submit to the appropriate committees of Congress a 

19 report that contains the analysis and findings of the 

20 independent evaluation conducted under paragraph 

21 (1)(A). 

22 ‘‘(g) FUNDING.— 

23 ‘‘(1) COMMODITY CREDIT CORPORATION.—The 

24 Secretary shall use the funds, facilities, and authoriVerDate Aug 31 2005 01:09 May 24, 2008 Jkt 069200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\HJ88.IH HJ88

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1 ties of the Commodity Credit Corporation to carry 

2 out this section. 

3 ‘‘(2) FUNDING AMOUNTS.—Of the funds of the 

4 Commodity Credit Corporation, the Secretary shall 

5 use to carry out this section— 

6 ‘‘(A) $5,000,000 for fiscal year 2009; 

7 ‘‘(B) $25,000,000 for fiscal year 2010; 

8 ‘‘(C) $25,000,000 for fiscal year 2011; and 

9 ‘‘(D) $5,000,000 for fiscal year 2012. 

10 ‘‘Subtitle D—Softwood Lumber 

11 ‘‘SEC. 3301. SOFTWOOD LUMBER. 

12 ‘‘(a) IN GENERAL.—The Tariff Act of 1930 (19 

13 U.S.C. 1202 et seq.) is amended by adding at the end 

14 the following new title: 

15 ‘‘ ‘TITLE VIII—SOFTWOOD 

16 LUMBER 

17 ‘‘ ‘SEC. 801. SHORT TITLE; TABLE OF CONTENTS. 

18 ‘‘ ‘(a) SHORT TITLE.—This title may be cited as the 

19 ‘‘Softwood Lumber Act of 2008’’. 

20 ‘‘ ‘(b) TABLE OF CONTENTS.—The table of contents 

21 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. 


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‘‘ ‘Sec. 808. Penalties. 

‘‘ ‘Sec. 809. Reports. 

1 ‘‘ ‘SEC. 802. DEFINITIONS. 

2 ‘‘ ‘In this title: 

3 ‘‘ ‘(1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Finance of the 

6 Senate and the Committee on Ways and Means of 

7 the House of Representatives. 

8 ‘‘ ‘(2) COUNTRY OF EXPORT.—The term ‘‘coun9 try of export’’ means the country (including any po10 litical subdivision of the country) from which 

11 softwood lumber or a softwood lumber product is ex12 ported before entering the United States. 

13 ‘‘ ‘(3) CUSTOMS LAWS OF THE UNITED

14 STATES.—The term ‘‘customs laws of the United 

15 States’’ means any law or regulation enforced or ad16 ministered by U.S. Customs and Border Protection. 

17 ‘‘ ‘(4) EXPORT CHARGES.—The term ‘‘export 

18 charges’’ means any tax, charge, or other fee col19 lected by the country from which softwood lumber or 

20 a softwood lumber product, described in section 

21 804(a), is exported pursuant to an international 

22 agreement entered into by that country and the 

23 United States. 

24 ‘‘ ‘(5) EXPORT PRICE.— 


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1 ‘‘ ‘(A) IN GENERAL.—The term ‘‘export 

2 price’’ means one of the following: 

3 ‘‘ ‘(i) In the case of softwood lumber 

4 or a softwood lumber product that has un5 dergone only primary processing, the value 

6 that would be determined F.O.B. at the fa7 cility where the product underwent the last 

8 primary processing before export. 

9 ‘‘ ‘(ii)(I) In the case of softwood lum10 ber or a softwood lumber product described 

11 in subclause (II), the value that would be 

12 determined F.O.B. at the facility where the 

13 lumber or product underwent the last pri14 mary processing. 

15 ‘‘ ‘(II) Softwood lumber or a softwood 

16 lumber product described in this subclause 

17 is lumber or a product that underwent the 

18 last remanufacturing before export by a 

19 manufacturer who— 

20 ‘‘ ‘(aa) does not hold tenure 

21 rights provided by the country of ex22 port; 

23 ‘‘ ‘(bb) did not acquire standing 

24 timber directly from the country of 

25 export; and 


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1 ‘‘ ‘(cc) is not related to the per2 son who holds tenure rights or ac3 quired standing timber directly from 

4 the country of export. 

5 ‘‘ ‘(iii)(I) In the case of softwood lum6 ber or a softwood lumber product described 

7 in subclause (II), the value that would be 

8 determined F.O.B. at the facility where the 

9 product underwent the last processing be10 fore export. 

11 ‘‘ ‘(II) Softwood lumber or a softwood 

12 lumber product described in this subclause 

13 is lumber or a product that undergoes the 

14 last remanufacturing before export by a 

15 manufacturer who— 

16 ‘‘ ‘(aa) holds tenure rights pro17 vided by the country of export; 

18 ‘‘ ‘(bb) acquired standing timber 

19 directly from the country of export; or 

20 ‘‘ ‘(cc) is related to a person who 

21 holds tenure rights or acquired stand22 ing timber directly from the country 

23 of export. 


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1 ‘‘ ‘(B) RELATED PERSONS.—For purposes 

2 of this paragraph, a person is related to an3 other person if— 

4 ‘‘ ‘(i) the person bears a relationship 

5 to such other person described in section 

6 152(a) of the Internal Revenue Code of 

7 1986; 

8 ‘‘ ‘(ii) the person bears a relationship 

9 to such other person described in section 

10 267(b) of such Code, except that ‘‘5 per11 cent’’ shall be substituted for ‘‘50 percent’’ 

12 each place it appears; 

13 ‘‘ ‘(iii) the person and such other per14 son are part of a controlled group of cor15 porations, as that term is defined in sec16 tion 1563(a) of such Code, except that ‘‘5 

17 percent’’ shall be substituted for ‘‘80 per18 cent’’ each place it appears; 

19 ‘‘ ‘(iv) the person is an officer or di20 rector of such other person; or 

21 ‘‘ ‘(v) the person is the employer of 

22 such other person. 

23 ‘‘ ‘(C) TENURE RIGHTS.—For purposes of 

24 this paragraph, the term ‘‘tenure rights’’ means 


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1 rights to harvest timber from public land grant2 ed by the country of export. 

3 ‘‘ ‘(D) EXPORT PRICE WHERE F.O.B. 

4 VALUE CANNOT BE DETERMINED.— 

5 ‘‘ ‘(i) IN GENERAL.—In the case of 

6 softwood lumber or a softwood lumber 

7 product described in clause (i), (ii), or (iii) 

8 of subparagraph (A) for which an F.O.B. 

9 value cannot be determined, the export 

10 price shall be the market price for the 

11 identical lumber or product sold in an 

12 arm’s-length transaction in the country of 

13 export at approximately the same time as 

14 the exported lumber or product. The mar15 ket price shall be determined in the fol16 lowing order of preference: 

17 ‘‘ ‘(I) The market price for the 

18 lumber or a product sold at substan19 tially the same level of trade as the 

20 exported lumber or product but in dif21 ferent quantities. 

22 ‘‘ ‘(II) The market price for the 

23 lumber or a product sold at a dif24 ferent level of trade than the exported 


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1 lumber or product but in similar 

2 quantities. 

3 ‘‘ ‘(III) The market price for the 

4 lumber or a product sold at a dif5 ferent level of trade than the exported 

6 lumber or product and in different 

7 quantities. 

8 ‘‘ ‘(ii) LEVEL OF TRADE.—For pur9 poses of clause (i), ‘‘level of trade’’ shall be 

10 determined in the same manner as pro11 vided under section 351.412(c) of title 19, 

12 Code of Federal Regulations (as in effect 

13 on January 1, 2008). 

14 ‘‘ ‘(6) F.O.B.—The term ‘‘F.O.B.’’ means a 

15 value consisting of all charges payable by a pur16 chaser, including those charges incurred in the 

17 placement of merchandise on board of a conveyance 

18 for shipment, but does not include the actual ship19 ping charges or any applicable export charges. 

20 ‘‘ ‘(7) HTS.—The term ‘‘HTS’’ means the Har21 monized Tariff Schedule of the United States (19 

22 U.S.C. 1202) (as in effect on January 1, 2008). 

23 ‘‘ ‘(8) PERSON.—The term ‘‘person’’ includes 

24 any individual, partnership, corporation, association, 

25 organization, business trust, government entity, or 


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1 other entity subject to the jurisdiction of the United 

2 States. 

3 ‘‘ ‘(9) UNITED STATES.—The term ‘‘United 

4 States’’ means the customs territory of the United 

5 States, as defined in General Note 2 of the HTS. 

6 ‘‘ ‘SEC. 803. ESTABLISHMENT OF SOFTWOOD LUMBER IM7 PORTER DECLARATION PROGRAM. 

8 ‘‘ ‘(a) ESTABLISHMENT OF PROGRAM.— 

9 ‘‘ ‘(1) IN GENERAL.—The President shall estab10 lish and maintain an importer declaration program 

11 with respect to the importation of softwood lumber 

12 and softwood lumber products described in section 

13 804(a). The importer declaration program shall re14 quire importers of softwood lumber and softwood 

15 lumber products described in section 804(a) to pro16 vide the information required under subsection (b) 

17 and declare the information required by subsection 

18 (c), and require that such information accompany 

19 the entry summary documentation. 

20 ‘‘ ‘(2) ELECTRONIC RECORD.—The President 

21 shall establish an electronic record that includes the 

22 importer information required under subsection (b) 

23 and the declarations required under subsection (c). 

24 ‘‘ ‘(b) REQUIRED INFORMATION.—The President 

25 shall require the following information to be submitted by 


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1 any person seeking to import softwood lumber or softwood 

2 lumber products described in section 804(a): 

3 ‘‘ ‘(1) The export price for each shipment of 

4 softwood lumber or softwood lumber products. 

5 ‘‘ ‘(2) The estimated export charge, if any, ap6 plicable to each shipment of softwood lumber or 

7 softwood lumber products as calculated by applying 

8 the percentage determined and published by the 

9 Under Secretary for International Trade of the De10 partment of Commerce pursuant to section 805 to 

11 the export price provided in subsection (b)(1). 

12 ‘‘ ‘(c) IMPORTER DECLARATIONS.—Pursuant to pro13 cedures prescribed by the President, any person seeking 

14 to import softwood lumber or softwood lumber products 

15 described in section 804(a) shall declare that— 

16 ‘‘ ‘(1) the person has made appropriate inquiry, 

17 including seeking appropriate documentation from 

18 the exporter and consulting the determinations pub19 lished by the Under Secretary for International 

20 Trade of the Department of Commerce pursuant to 

21 section 805(b); and 

22 ‘‘ ‘(2) to the best of the person’s knowledge and 

23 belief— 


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1 ‘‘ ‘(A) the export price provided pursuant 

2 to subsection (b)(1) is determined in accordance 

3 with the definition provided in section 802(5); 

4 ‘‘ ‘(B) the export price provided pursuant 

5 to subsection (b)(1) is consistent with the ex6 port price provided on the export permit, if any, 

7 granted by the country of export; and 

8 ‘‘ ‘(C) the exporter has paid, or committed 

9 to pay, all export charges due— 

10 ‘‘ ‘(i) in accordance with the volume, 

11 export price, and export charge rate or 

12 rates, if any, as calculated under an inter13 national agreement entered into by the 

14 country of export and the United States; 

15 and 

16 ‘‘ ‘(ii) consistent with the export 

17 charge determinations published by the 

18 Under Secretary for International Trade 

19 pursuant to section 805(b). 

20 ‘‘ ‘SEC. 804. SCOPE OF SOFTWOOD LUMBER IMPORTER DEC21 LARATION PROGRAM. 

22 ‘‘ ‘(a) PRODUCTS INCLUDED IN PROGRAM.—The fol23 lowing products shall be subject to the importer declara24 tion program established under section 803: 


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1 ‘‘ ‘(1) IN GENERAL.—All softwood lumber and 

2 softwood lumber products classified under sub3 heading 4407.10.00, 4409.10.10, 4409.10.20, or 

4 4409.10.90 of the HTS, including the following 

5 softwood lumber, flooring, and siding: 

6 ‘‘ ‘(A) Coniferous wood, sawn or chipped 

7 lengthwise, sliced or peeled, whether or not 

8 planed, sanded, or finger-jointed, of a thickness 

9 exceeding 6 millimeters. 

10 ‘‘ ‘(B) Coniferous wood siding (including 

11 strips and friezes for parquet flooring, not as12 sembled) continuously shaped (tongued, 

13 grooved, rabbeted, chamfered, v-jointed, beaded, 

14 molded, rounded, or the like) along any of its 

15 edges or faces, whether or not planed, sanded, 

16 or finger-jointed. 

17 ‘‘ ‘(C) Other coniferous wood (including 

18 strips and friezes for parquet flooring, not as19 sembled) continuously shaped (tongued, 

20 grooved, rabbeted, chamfered, v-jointed, beaded, 

21 molded, rounded, or the like) along any of its 

22 edges or faces (other than wood moldings and 

23 wood dowel rods) whether or not planed, sand24 ed, or finger-jointed. 


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1 ‘‘ ‘(D) Coniferous wood flooring (including 

2 strips and friezes for parquet flooring, not as3 sembled) continuously shaped (tongued, 

4 grooved, rabbeted, chamfered, v-jointed, beaded, 

5 molded, rounded, or the like) along any of its 

6 edges or faces, whether or not planed, sanded, 

7 or finger-jointed. 

8 ‘‘ ‘(E) Coniferous drilled and notched lum9 ber and angle cut lumber. 

10 ‘‘ ‘(2) PRODUCTS CONTINUALLY SHAPED.—Any 

11 product classified under subheading 4409.10.05 of 

12 the HTS that is continually shaped along its end or 

13 side edges. 

14 ‘‘ ‘(3) OTHER LUMBER PRODUCTS.—Except as 

15 otherwise provided in subsection (b) or (c), softwood 

16 lumber products that are stringers, radius-cut box17 spring frame components, fence pickets, truss com18 ponents, pallet components, and door and window 

19 frame parts classified under subheading 

20 4418.90.46.95, 4421.90.70.40, or 4421.90.97.40 of 

21 the HTS. 

22 ‘‘ ‘(b) PRODUCTS EXCLUDED FROM PROGRAM.—The 

23 following products shall be excluded from the importer 

24 declaration program established under section 803: 


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1 ‘‘ ‘(1) Trusses and truss kits, properly classified 

2 under subheading 4418.90 of the HTS. 

3 ‘‘ ‘(2) I-joist beams. 

4 ‘‘ ‘(3) Assembled box-spring frames. 

5 ‘‘ ‘(4) Pallets and pallet kits, properly classified 

6 under subheading 4415.20 of HTS. 

7 ‘‘ ‘(5) Garage doors. 

8 ‘‘ ‘(6) Edge-glued wood, properly classified 

9 under subheading 4421.90.97.40 of the HTS. 

10 ‘‘ ‘(7) Complete door frames. 

11 ‘‘ ‘(8) Complete window frames. 

12 ‘‘ ‘(9) Furniture. 

13 ‘‘ ‘(10) Articles brought into the United States 

14 temporarily and for which an exemption from duty 

15 is claimed under subchapter XIII of chapter 98 of 

16 the HTS. 

17 ‘‘ ‘(11) Household and personal effects. 

18 ‘‘ ‘(c) EXCEPTIONS FOR CERTAIN PRODUCTS.—The 

19 following softwood lumber products shall not be subject 

20 to the importer declaration program established under sec21 tion 803: 

22 ‘‘ ‘(1) STRINGERS.—Stringers (pallet compo23 nents used for runners), if the stringers— 


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1 ‘‘ ‘(A) have at least 2 notches on the side, 

2 positioned at equal distance from the center, to 

3 properly accommodate forklift blades; and 

4 ‘‘ ‘(B) are properly classified under sub5 heading 4421.90.97.40 of the HTS. 

6 ‘‘ ‘(2) BOX-SPRING FRAME KITS.— 

7 ‘‘ ‘(A) IN GENERAL.—Box-spring frame 

8 kits, if— 

9 ‘‘ ‘(i) the kits contain— 

10 ‘‘ ‘(I) 2 wooden side rails; 

11 ‘‘ ‘(II) 2 wooden end (or top) 

12 rails; and 

13 ‘‘ ‘(III) varying numbers of wood14 en slats; and 

15 ‘‘ ‘(ii) the side rails and the end rails 

16 are radius-cut at both ends. 

17 ‘‘ ‘(B) PACKAGING.—Any kit described in 

18 subparagraph (A) shall be individually pack19 aged, and contain the exact number of wooden 

20 components needed to make the box-spring 

21 frame described on the entry documents, with 

22 no further processing required. None of the 

23 components contained in the package may ex24 ceed 1 inch in actual thickness or 83 inches in 

25 length. 


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1 ‘‘ ‘(3) RADIUS-CUT BOX-SPRING FRAME COMPO2 NENTS.—Radius-cut box-spring frame components, 

3 not exceeding 1 inch in actual thickness or 83 inches 

4 in length, ready for assembly without further proc5 essing, if radius cuts are present on both ends of the 

6 boards and are substantial cuts so as to completely 

7 round 1 corner. 

8 ‘‘ ‘(4) FENCE PICKETS.—Fence pickets requir9 ing no further processing and properly classified 

10 under subheading 4421.90.70 of the HTS, 1 inch or 

11 less in actual thickness, up to 8 inches wide, and 6 

12 feet or less in length, and having finials or decora13 tive cuttings that clearly identify them as fence pick14 ets. In the case of dog-eared fence pickets, the cor15 ners of the boards shall be cut off so as to remove 

16 pieces of wood in the shape of isosceles right angle 

triangles with sides measuring 3 17 ⁄4 of an inch or 

18 more. 

19 ‘‘ ‘(5) UNITED STATES-ORIGIN LUMBER.—Lum20 ber originating in the United States that is exported 

21 to another country for minor processing and im22 ported into the United States if— 

23 ‘‘ ‘(A) the processing occurring in another 

24 country is limited to kiln drying, planing to cre25 ate smooth-to-size board, and sanding; and 


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1 ‘‘ ‘(B) the importer establishes to the satis2 faction of U.S. Customs and Border Protection 

3 upon entry that the lumber originated in the 

4 United States. 

5 ‘‘ ‘(6) SOFTWOOD LUMBER.—Any softwood lum6 ber or softwood lumber product that originated in 

7 the United States, if the importer, exporter, foreign 

8 processor, or original United States producer estab9 lishes to the satisfaction of U.S. Customs and Bor10 der Protection upon entry that the softwood lumber 

11 entered and documented as originating in the United 

12 States was first produced in the United States. 

13 ‘‘ ‘(7) HOME PACKAGES OR KITS.— 

14 ‘‘ ‘(A) IN GENERAL.—Softwood lumber or 

15 softwood lumber products contained in a single 

16 family home package or kit, regardless of the 

17 classification under the HTS, if the importer 

18 declares that the following requirements have 

19 been met: 

20 ‘‘ ‘(i) The package or kit constitutes a 

21 full package of the number of wooden 

22 pieces specified in the plan, design, or 

23 blueprint necessary to produce a home of 

24 at least 700 square feet produced to a 

25 specified plan, design, or blueprint. 


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1 ‘‘ ‘(ii) The package or kit contains— 

2 ‘‘ ‘(I) all necessary internal and 

3 external doors and windows, nails, 

4 screws, glue, subfloor, sheathing, 

5 beams, posts, and connectors; and 

6 ‘‘ ‘(II) if included in the purchase 

7 contract, the decking, trim, drywall, 

8 and roof shingles specified in the plan, 

9 design, or blueprint. 

10 ‘‘ ‘(iii) Prior to importation, the pack11 age or kit is sold to a United States re12 tailer that sells complete home packages or 

13 kits pursuant to a valid purchase contract 

14 referencing the particular home design, 

15 plan, or blueprint, and the contract is 

16 signed by a customer not affiliated with 

17 the importer. 

18 ‘‘ ‘(iv) Softwood lumber products en19 tered as part of the package or kit, wheth20 er in a single entry or multiple entries on 

21 multiple days, are to be used solely for the 

22 construction of the single family home 

23 specified by the home design, plan, or blue24 print matching the U.S. Customs and Bor25 der Protection import entry. 


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1 ‘‘ ‘(B) ADDITIONAL DOCUMENTATION RE2 QUIRED FOR HOME PACKAGES AND KITS.—In 

3 the case of each entry of products described in 

4 clauses (i) through (iv) of subparagraph (A) the 

5 following documentation shall be retained by 

6 the importer and made available to U.S. Cus7 toms and Border Protection upon request: 

8 ‘‘ ‘(i) A copy of the appropriate home 

9 design, plan, or blueprint matching the 

10 customs entry in the United States. 

11 ‘‘ ‘(ii) A purchase contract from a re12 tailer of home kits or packages signed by 

13 a customer not affiliated with the importer. 

14 ‘‘ ‘(iii) A listing of all parts in the 

15 package or kit being entered into the 

16 United States that conforms to the home 

17 design, plan, or blueprint for which such 

18 parts are being imported. 

19 ‘‘ ‘(iv) If a single contract involves 

20 multiple entries, an identification of all the 

21 items required to be listed under clause 

22 (iii) that are included in each individual 

23 shipment. 

24 ‘‘ ‘(d) PRODUCTS COVERED.—For purposes of deter25 mining if a product is covered by the importer declaration 


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1 program, the President shall be guided by the article de2 scriptions provided in this section. 

3 ‘‘ ‘SEC. 805. EXPORT CHARGE DETERMINATION AND PUBLI4 CATION. 

5 ‘‘ ‘(a) DETERMINATION.—The Under Secretary for 

6 International Trade of the Department of Commerce shall 

7 determine, on a monthly basis, any export charges (ex8 pressed as a percentage of export price) to be collected 

9 by a country of export from exporters of softwood lumber 

10 or softwood lumber products described in section 804(a) 

11 in order to ensure compliance with any international 

12 agreement entered into by that country and the United 

13 States. 

14 ‘‘ ‘(b) PUBLICATION.—The Under Secretary for 

15 International Trade shall immediately publish any deter16 mination made under subsection (a) on the website of the 

17 International Trade Administration of the Department of 

18 Commerce, and in any other manner the Under Secretary 

19 considers appropriate. 

20 ‘‘ ‘SEC. 806. RECONCILIATION. 

21 ‘‘ ‘The Secretary of the Treasury shall conduct rec22 onciliations to ensure the proper implementation and oper23 ation of international agreements entered into between a 

24 country of export of softwood lumber or softwood lumber 

25 products described in section 804(a) and the United 


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1 States. The Secretary of Treasury shall reconcile the fol2 lowing: 

3 ‘‘ ‘(1) The export price declared by a United 

4 States importer pursuant to section 803(b)(1) with 

5 the export price reported to the United States by the 

6 country of export, if any. 

7 ‘‘ ‘(2) The export price declared by a United 

8 States importer pursuant to section 803(b)(1) with 

9 the revised export price reported to the United 

10 States by the country of export, if any. 

11 ‘‘ ‘SEC. 807. VERIFICATION. 

12 ‘‘ ‘(a) IN GENERAL.—The Secretary of Treasury shall 

13 periodically verify the declarations made by a United 

14 States importer pursuant to section 803(c), including by 

15 determining whether— 

16 ‘‘ ‘(1) the export price declared by a United 

17 States importer pursuant to section 803(b)(1) is the 

18 same as the export price provided on the export per19 mit, if any, issued by the country of export; and 

20 ‘‘ ‘(2) the estimated export charge declared by a 

21 United States importer pursuant to section 

22 803(b)(2) is consistent with the determination pub23 lished by the Under Secretary for International 

24 Trade pursuant to section 805(b). 

25 ‘‘ ‘(b) EXAMINATION OF BOOKS AND RECORDS.— 


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1 ‘‘ ‘(1) IN GENERAL.—Any record relating to the 

2 importer declaration program required under section 

3 803 shall be treated as a record required to be main4 tained and produced under title V of this Act. 

5 ‘‘ ‘(2) EXAMINATION OF RECORDS.—The Sec6 retary of the Treasury is authorized to take such ac7 tion, and examine such records, under section 509 of 

8 this Act, as the Secretary determines necessary to 

9 verify the declarations made pursuant to section 

10 803(c) are true and accurate. 

11 ‘‘ ‘SEC. 808. PENALTIES. 

12 ‘‘ ‘(a) IN GENERAL.—It shall be unlawful for any per13 son to import into the United States softwood lumber or 

14 softwood lumber products in knowing violation of this title. 

15 ‘‘ ‘(b) CIVIL PENALTIES.—Any person who commits 

16 an unlawful act as set forth in subsection (a) shall be lia17 ble for a civil penalty not to exceed $10,000 for each 

18 knowing violation. 

19 ‘‘ ‘(c) OTHER PENALTIES.—In addition to the pen20 alties provided for in subsection (b), any violation of this 

21 title that violates any other customs law of the United 

22 States shall be subject to any applicable civil and criminal 

23 penalty, including seizure and forfeiture, that may be im24 posed under such custom law or title 18, United States 


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1 Code, with respect to the importation of softwood lumber 

2 and softwood lumber products described in section 804(a). 

3 ‘‘ ‘(d) FACTORS TO CONSIDER IN ASSESSING PEN4 ALTIES.—In determining the amount of civil penalties to 

5 be assessed under this section, consideration shall be given 

6 to any history of prior violations of this title by the person, 

7 the ability of the person to pay the penalty, the seriousness 

8 of the violation, and such other matters as fairness may 

9 require. 

10 ‘‘ ‘(e) NOTICE.—No penalty may be assessed under 

11 this section against a person for violating a provision of 

12 this title unless the person is given notice and opportunity 

13 to make statements, both oral and written, with respect 

14 to such violation. 

15 ‘‘ ‘(f) EXCEPTION.—Notwithstanding any other provi16 sion of this title, and without limitation, an importer shall 

17 not be found to have violated subsection 803(c) if— 

18 ‘‘ ‘(1) the importer made an appropriate inquiry 

19 in accordance with section 803(c)(1) with respect to 

20 the declaration; 

21 ‘‘ ‘(2) the importer produces records maintained 

22 pursuant to section 807(b) that substantiate the 

23 declaration; and 


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1 ‘‘ ‘(3) there is not substantial evidence indi2 cating that the importer knew that the fact to which 

3 the importer made the declaration was false. 

4 ‘‘ ‘SEC. 809. REPORTS. 

5 ‘‘ ‘(a) SEMIANNUAL REPORTS.—Not later than 180 

6 days after the effective date of this title, and every 180 

7 days thereafter, the President shall submit to the appro8 priate congressional committees a report— 

9 ‘‘ ‘(1) describing the reconciliations conducted 

10 under section 806, and the verifications conducted 

11 under section 807; 

12 ‘‘ ‘(2) identifying the manner in which the 

13 United States importers subject to reconciliations 

14 conducted under section 806 and verifications con15 ducted under section 807 were chosen; 

16 ‘‘ ‘(3) identifying any penalties imposed under 

17 section 808; 

18 ‘‘ ‘(4) identifying any patterns of noncompliance 

19 with this title; and 

20 ‘‘ ‘(5) identifying any problems or obstacles en21 countered in the implementation and enforcement of 

22 this title. 

23 ‘‘ ‘(b) SUBSIDIES REPORTS.—Not later than 180 

24 days after the date of the enactment of this title, and every 

25 180 days thereafter, the Secretary of Commerce shall proVerDate Aug 31 2005 01:09 May 24, 2008 Jkt 069200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\HJ88.IH HJ88

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1 vide to the appropriate congressional committees a report 

2 on any subsidies on softwood lumber or softwood lumber 

3 products, including stumpage subsidies, provided by coun4 tries of export. 

5 ‘‘ ‘(c) GAO REPORTS.—The Comptroller General of 

6 the United States shall submit the following reports to the 

7 appropriate congressional committees: 

8 ‘‘ ‘(1) Not later than 18 months after the date 

9 of the enactment of this title, a report on the effec10 tiveness of the reconciliations conducted under sec11 tion 806, and verifications conducted under section 

12 807. 

13 ‘‘ ‘(2) Not later than 12 months after the date 

14 of the enactment of this title, a report on whether 

15 countries that export softwood lumber or softwood 

16 lumber products to the United States are complying 

17 with any international agreements entered into by 

18 those countries and the United States.’ ’’. 

19 ‘‘(b) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on the date that is 60 days 

21 after the date of the enactment of this Act.’’. 

Æ 


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