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(b)(1)(B)), a comparison of the different 
methodologies used by other donor coun-
tries to make local and regional procure-
ments. 
‘‘(C) INDEPENDENT THIRD PARTY ACCESS 
TO
RECORDS
AND
REPORTS.—The Secretary 
shall provide to the independent third party ac-
cess to each record and report that the inde-
pendent third party determines to be necessary 
to complete the independent evaluation. 
‘‘(D) PUBLIC
ACCESS
TO
RECORDS
AND 
REPORTS.—Not later than 180 days after the 
date described in paragraph (2), the Secretary 
shall provide public access to each record and 
report described in subparagraph (C). 
‘‘(2) REPORT.—Not later than 4 years after the 
date of enactment of this Act, the Secretary shall 
submit to the appropriate committees of Congress a 
report that contains the analysis and findings of the 
independent evaluation conducted under paragraph 
(1)(A). 
‘‘(g) FUNDING.— 
‘‘(1) COMMODITY CREDIT CORPORATION.—The 
Secretary shall use the funds, facilities, and authori-
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ties of the Commodity Credit Corporation to carry 
out this section. 
‘‘(2) FUNDING AMOUNTS.—Of the funds of the 
Commodity Credit Corporation, the Secretary shall 
use to carry out this section— 
‘‘(A) $5,000,000 for fiscal year 2009; 
‘‘(B) $25,000,000 for fiscal year 2010; 
‘‘(C) $25,000,000 for fiscal year 2011; and 
‘‘(D) $5,000,000 for fiscal year 2012. 
‘‘Subtitle D—Softwood Lumber 
‘‘SEC. 3301. SOFTWOOD LUMBER. 
‘‘(a) IN GENERAL.—The Tariff Act of 1930 (19 
U.S.C. 1202 et seq.) is amended by adding at the end 
the following new title: 
‘‘ ‘TITLE VIII—SOFTWOOD 
LUMBER 
‘‘ ‘SEC. 801. SHORT TITLE; TABLE OF CONTENTS. 
‘‘ ‘(a) SHORT TITLE.—This title may be cited as the 
‘‘Softwood Lumber Act of 2008’’. 
‘‘ ‘(b) TABLE OF CONTENTS.—The table of contents 
for this title is as follows: 
‘‘ ‘TITLE VIII—SOFTWOOD LUMBER 
‘‘ ‘Sec. 801. Short title; table of contents. 
‘‘ ‘Sec. 802. Definitions. 
‘‘ ‘Sec. 803. Establishment of softwood lumber importer declaration program. 
‘‘ ‘Sec. 804. Scope of softwood lumber importer declaration program. 
‘‘ ‘Sec. 805. Export charge determination and publication. 
‘‘ ‘Sec. 806. Reconciliation. 
‘‘ ‘Sec. 807. Verification. 
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‘‘ ‘Sec. 808. Penalties. 
‘‘ ‘Sec. 809. Reports. 
‘‘ ‘SEC. 802. DEFINITIONS. 
‘‘ ‘In this title: 
‘‘ ‘(1) APPROPRIATE CONGRESSIONAL COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Finance of the 
Senate and the Committee on Ways and Means of 
the House of Representatives. 
‘‘ ‘(2) COUNTRY OF EXPORT.—The term ‘‘coun-
try of export’’ means the country (including any po-
litical subdivision of the country) from which 
softwood lumber or a softwood lumber product is ex-
ported before entering the United States. 
‘‘ ‘(3) 
CUSTOMS
LAWS
OF
THE
UNITED 
STATES.—The term ‘‘customs laws of the United 
States’’ means any law or regulation enforced or ad-
ministered by U.S. Customs and Border Protection. 
‘‘ ‘(4) EXPORT
CHARGES.—The term ‘‘export 
charges’’ means any tax, charge, or other fee col-
lected by the country from which softwood lumber or 
a softwood lumber product, described in section 
804(a), is exported pursuant to an international 
agreement entered into by that country and the 
United States. 
‘‘ ‘(5) EXPORT PRICE.— 
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‘‘ ‘(A) IN
GENERAL.—The term ‘‘export 
price’’ means one of the following: 
‘‘ ‘(i) In the case of softwood lumber 
or a softwood lumber product that has un-
dergone only primary processing, the value 
that would be determined F.O.B. at the fa-
cility where the product underwent the last 
primary processing before export. 
‘‘ ‘(ii)(I) In the case of softwood lum-
ber or a softwood lumber product described 
in subclause (II), the value that would be 
determined F.O.B. at the facility where the 
lumber or product underwent the last pri-
mary processing. 
‘‘ ‘(II) Softwood lumber or a softwood 
lumber product described in this subclause 
is lumber or a product that underwent the 
last remanufacturing before export by a 
manufacturer who— 
‘‘ ‘(aa) does not hold tenure 
rights provided by the country of ex-
port; 
‘‘ ‘(bb) did not acquire standing 
timber directly from the country of 
export; and 
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‘‘ ‘(cc) is not related to the per-
son who holds tenure rights or ac-
quired standing timber directly from 
the country of export. 
‘‘ ‘(iii)(I) In the case of softwood lum-
ber or a softwood lumber product described 
in subclause (II), the value that would be 
determined F.O.B. at the facility where the 
product underwent the last processing be-
fore export. 
‘‘ ‘(II) Softwood lumber or a softwood 
lumber product described in this subclause 
is lumber or a product that undergoes the 
last remanufacturing before export by a 
manufacturer who— 
‘‘ ‘(aa) holds tenure rights pro-
vided by the country of export; 
‘‘ ‘(bb) acquired standing timber 
directly from the country of export; or 
‘‘ ‘(cc) is related to a person who 
holds tenure rights or acquired stand-
ing timber directly from the country 
of export. 
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‘‘ ‘(B) RELATED PERSONS.—For purposes 
of this paragraph, a person is related to an-
other person if— 
‘‘ ‘(i) the person bears a relationship 
to such other person described in section 
152(a) of the Internal Revenue Code of 
1986; 
‘‘ ‘(ii) the person bears a relationship 
to such other person described in section 
267(b) of such Code, except that ‘‘5 per-
cent’’ shall be substituted for ‘‘50 percent’’ 
each place it appears; 
‘‘ ‘(iii) the person and such other per-
son are part of a controlled group of cor-
porations, as that term is defined in sec-
tion 1563(a) of such Code, except that ‘‘5 
percent’’ shall be substituted for ‘‘80 per-
cent’’ each place it appears; 
‘‘ ‘(iv) the person is an officer or di-
rector of such other person; or 
‘‘ ‘(v) the person is the employer of 
such other person. 
‘‘ ‘(C) TENURE RIGHTS.—For purposes of 
this paragraph, the term ‘‘tenure rights’’ means 
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