I 117th CONGRESS 1st Session H. R. 5863 IN THE HOUSE OF REPRESENTATIVES November 4, 2021 Mr. Garamendi introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committees on Energy and Commerce , Foreign Affairs , Financial Services , and Natural Resources , 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 A BILL To strengthen enforcement actions against unlawfully sourced palm oil and deforestation in developing countries, and for other purposes.

1. Short title This Act may be cited as the End Palm Oil Deforestation Act . 2. Definitions (a) In general In this Act: (1) Certifying standard The term certifying standard means any accreditation for lawfully, ethically, and sustainably sourced palm oil offered by a nongovernmental organization. (2) Palm oil product The term palm oil product means— (A) any product containing ingredients, including palmolein and monocarboxylic fatty acids, derived from the plants African oil palm (Elaeis guineensis), American oil palm (Elaeis oleifera), babassu palm (Attalea speciosa), macauba palm (Acrocomia aculeata), maripa palm (Attalea maripa), or hybridized species derived therefrom; (B) those food products derived from imported palm oil or any combination or portion thereof; or (C) any other product prepared, in whole or in part from, or processed with, imported palm oil as the Secretary may specify. (3) Secretary The term Secretary means the Secretary of Agriculture. (4) Taking The term taking has the meaning given the term in section 2 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 ). (b) Palm oil not considered common cultivar or common food crop The exclusions specified in section 2(f)(2)(A) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371(f)(2)(A) ) with respect to common cultivars and common food crops shall not apply with respect to palm oil. 3. Sustainability certifications for palm oil deemed sufficient as import declarations and due diligence (a) In general In the case of a palm oil product that meets the sustainability certification standards published under this section and for which documentation of meeting such standards is presented at the port of entry into the United States— (1) such product shall not require an import declaration under section 3(f) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372(f) ); and (2) such documentation shall be considered sufficient to demonstrate due care in the taking of such palm oil product under section 4(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(a) ). (b) Certification standards (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish on an internet website of the Department of Agriculture for public comment a preliminary list of nongovernmental certifying standards for sustainable palm oil. (2) Considerations In publishing the list under paragraph (1), the Secretary shall— (A) when considering whether to include a certifying standard on such list, prioritize certifying standards that promote— (i) palm oil cultivation practices with decreased net greenhouse gas emissions; (ii) human rights of palm oil agricultural workers; (iii) human rights of the communities neighboring palm oil plantations; and (iv) preventing deforestation or peatlands degradation; and (B) consider including in such list the certifying standard sponsored by the Roundtable for Sustainable Palm Oil. (3) Excluded standards The Secretary may not include in the list under paragraph (1) any standard issued by a foreign government. (4) Finalization Not later than 90 days after the date on which the preliminary list of nongovernmental certifying standards for sustainable palm oil under paragraph (1) is published, finalize the preliminary list. (5) Updates The Secretary shall— (A) review and update, as appropriate, the finalized list under paragraph (4) at least once every 5 years; and (B) allow for public notice and a period for public comment with respect to any such updates. (c) Temporary certifications In the case of palm oil products for which documentation of meeting the sustainability certification standards referred to in subsection (a) cannot be provided, the Secretary may grant the importers of such products temporary certifications that may be presented at the port of entry into the United States in lieu of such documentation for a period not to exceed one year, subject to renewal (of such duration as the Secretary may specify), if the Secretary publishes on a public internet site of the Department of Agriculture, and updates as necessary, a list of all such temporary certifications, including with respect to each such temporary certification— (1) a written statement outlining the reason for granting the temporary certification; (2) the date on which the temporary certification expires; (3) the terms by which the temporary certification may be renewed, if applicable; and (4) any supporting documents or information considered by the Secretary in deciding to grant such temporary certification. 4. Labeling of imported palm oil products (a) Food labeling Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) If it is a food that contains ingredients derived from imported palm oil, unless its labeling lists such ingredients by the common or usual name of the ingredient, including listing (parenthetically or otherwise) of all components of such ingredient. . (b) Country of origin labeling (1) Use in food Section 281(1)(A) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638(1) )(A) is amended— (A) in clause (x), by striking and at the end; (B) in clause (xi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (xii) palm oil. . (2) Other uses Each head of a Federal agency which regulates products containing palm oil shall issue regulations— (A) specifying that a person may not sell, or offer for sale in interstate commerce, imported palm oil products, or another product containing imported palm oil products, unless the packaging and labeling of such products that are not, by operation of the amendments made by paragraph (1), subject to section 282 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a ), specify the country of origin of such products; and (B) providing for an exemption from the requirement specified pursuant to subparagraph (A) with respect to products containing imported palm oil products if the amount of imported palm oil in such product is de minimis (as determined by the head of the Federal agency involved). 5. United States policy with respect to palm oil cultivation abroad (a) Moratorium No Federal funds may be obligated, expended, or otherwise made available for the cultivation or processing of palm oil abroad, unless the Secretary of State certifies that— (1) the program, project, or activity for which such funds are made available will not— (A) contribute to significant loss of native species; (B) disrupt or contaminate natural water sources; (C) reduce local food security; (D) cause the forced displacement of local people; (E) contribute to deforestation; (F) increase greenhouse gas emissions substantially; (G) contribute to human trafficking, forced labor, or child labor; (H) enable wildlife trafficking; or (I) further bureaucratic corruption; and (2) the cultivation or processing is carried out in accordance with the sustainability certification standards specified pursuant to section 3. (b) Congressional instructions to the executive The President should instruct the Secretary of the Treasury, acting as the Chairman of the National Advisory Council on International Monetary and Financial Policies, and the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose new proposals for palm oil development loans, unless the development of palm oil is to be carried out in accordance with the sustainability certification standards specified pursuant to section 3. (c) Consultation The Secretary of Agriculture shall consult and collaborate with the Secretary of State and the Administrator of the Agency for International Development in carrying out activities under this Act relating to palm oil cultivation and development in other countries. 6. Ineligibility for renewable fuel standard Except as provided by the Administrator of the Environmental Protection Agency, imported palm oil products shall not be treated as renewable fuel for purposes of the renewable fuel program under section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ). 7. Effect on other law Nothing in this Act modifies, limits, or otherwise affects the application of, or obligation to comply with any other Federal law, including the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. ).