[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 88 Introduced in House (IH)]
110th CONGRESS
2d Session
H. J. RES. 88
Amending the Food, Conservation, and Energy Act of 2008 to reinsert the
trade title contained in the conference report to accompany H.R. 2419
of the 110th Congress (Report 110-627).
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2008
Mr. Peterson of Minnesota introduced the following joint resolution;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
JOINT RESOLUTION
Amending the Food, Conservation, and Energy Act of 2008 to reinsert the
trade title contained in the conference report to accompany H.R. 2419
of the 110th Congress (Report 110-627).
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That, effective on the date of
the enactment of the Food, Conservation, and Energy Act of 2008, the
Food, Conservation, and Energy Act of 2008 is amended by inserting
after title II the following new title:
``TITLE III--TRADE
``Subtitle A--Food for Peace Act
``SEC. 3001. SHORT TITLE.
``(a) In General.--Section 1 of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1691 note; 104 Stat. 3633) is
amended by striking `Agricultural Trade Development and Assistance Act
of 1954' and inserting `Food for Peace Act'.
``(b) Conforming Amendments.--
``(1) In general.--Each provision of law described in
paragraph (2) is amended--
``(A) by striking `Agricultural Trade Development
and Assistance Act of 1954' each place it appears and
inserting `Food for Peace Act'; and
``(B) in each section heading, by striking
`AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF
1954' each place it appears and inserting `FOOD FOR
PEACE ACT'.
``(2) Provisions of law.--The provisions of law referred to
in paragraph (1) are the following:
``(A) The Agriculture and Food Act of 1981 (Public
Law 97-98; 95 Stat. 1213).
``(B) The Agricultural Act of 1949 (7 U.S.C. 1421
et seq.).
``(C) Section 9(a) of the Military Construction
Codification Act (7 U.S.C. 1704c).
``(D) Section 201 of the Africa: Seeds of Hope Act
of 1998 (7 U.S.C. 1721 note; Public Law 105-385).
``(E) The Bill Emerson Humanitarian Trust Act (7
U.S.C. 1736f-1 et seq.).
``(F) The Food for Progress Act of 1985 (7 U.S.C.
1736o).
``(G) Section 3107 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1736o-1).
``(H) Sections 605B and 606C of the Act of August
28, 1954 (commonly known as the `Agricultural Act of
1954') (7 U.S.C. 1765b, 1766b).
``(I) Section 206 of the Agricultural Act of 1956
(7 U.S.C. 1856).
``(J) The Agricultural Competitiveness and Trade
Act of 1988 (7 U.S.C. 5201 et seq.).
``(K) The Agricultural Trade Act of 1978 (7 U.S.C.
5601 et seq.).
``(L) The Export-Import Bank Act of 1945 (12 U.S.C.
635 et seq.).
``(M) Section 301 of title 13, United States Code.
``(N) Section 8 of the Endangered Species Act of
1973 (16 U.S.C. 1537).
``(O) Section 604 of the Enterprise for the
Americas Act of 1992 (22 U.S.C. 2077).
``(P) Section 5 of the International Health
Research Act of 1960 (22 U.S.C. 2103).
``(Q) The Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.).
``(R) The Horn of Africa Recovery and Food Security
Act (22 U.S.C. 2151 note; Public Law 102-274).
``(S) Section 105 of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455).
``(T) Section 35 of the Foreign Military Sales Act
(22 U.S.C. 2775).
``(U) The Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
``(V) Section 1707 of the Cuban Democracy Act of
1992 (22 U.S.C. 6006).
``(W) The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.).
``(X) Section 902 of the Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7201).
``(Y) Chapter 553 of title 46, United States Code.
``(Z) Section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).
``(AA) The Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 104 Stat. 3359).
``(BB) Section 738 of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106-387;
114 Stat. 1549A-34).
``(c) References.--Any reference in any Federal, State, tribal, or
local law (including regulations) to the `Agricultural Trade
Development and Assistance Act of 1954' shall be considered to be a
reference to the `Food for Peace Act'.
``SEC. 3002. UNITED STATES POLICY.
``Section 2 of the Food for Peace Act (7 U.S.C. 1691) is amended--
``(1) by striking paragraph (4); and
``(2) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively.
``SEC. 3003. FOOD AID TO DEVELOPING COUNTRIES.
``Section 3(b) of the Food for Peace Act (7 U.S.C. 1691a(b)) is
amended by striking `(b)' and all that follows through paragraph (1)
and inserting the following:
```(b) Sense of Congress.--It is the sense of Congress that--
```(1) in negotiations at the Food Aid Convention, the
World Trade Organization, the United Nations Food and
Agriculture Organization, and other appropriate venues, the
President shall--
```(A) seek commitments of higher levels of food
aid by donors in order to meet the legitimate needs of
developing countries;
```(B) ensure, to the maximum extent practicable,
that humanitarian nongovernmental organizations,
recipient country governments, charitable bodies, and
international organizations shall continue--
```(i) to be eligible to receive resources
based on assessments of need conducted by those
organizations and entities; and
```(ii) to implement food aid programs in
agreements with donor countries; and
```(C) ensure, to the maximum extent practicable,
that options for providing food aid for emergency and
nonemergency needs shall not be subject to limitation,
including in-kind commodities, provision of funds for
agricultural commodity procurement, and monetization of
commodities, on the condition that the provision of
those commodities or funds--
```(i) is based on assessments of need and
intended to benefit the food security of, or
otherwise assist, recipients, and
```(ii) is provided in a manner that avoids
disincentives to local agricultural production
and marketing and with minimal potential for
disruption of commercial markets; and'.
``SEC. 3004. TRADE AND DEVELOPMENT ASSISTANCE.
``(a) Title I of the Food for Peace Act (7 U.S.C. 1701 et seq.) is
amended in the title heading, by striking `TRADE AND DEVELOPMENT
ASSISTANCE' and inserting `ECONOMIC ASSISTANCE AND FOOD SECURITY'.
``(b) Section 101 of the Food for Peace Act (7 U.S.C. 1701) is
amended in the section heading, by striking `TRADE AND DEVELOPMENT
ASSISTANCE' and inserting `ECONOMIC ASSISTANCE AND FOOD SECURITY'.
``SEC. 3005. AGREEMENTS REGARDING ELIGIBLE COUNTRIES AND PRIVATE
ENTITIES.
``Section 102 of the Food for Peace Act (7 U.S.C. 1702) is
amended--
``(1) in subsection (a)--
``(A) by striking paragraph (1); and
``(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
``(2) by striking subsection (c).
``SEC. 3006. USE OF LOCAL CURRENCY PAYMENTS.
``Section 104(c) of the Food for Peace Act (7 U.S.C. 1704(c)) is
amended--
``(1) in the matter preceding paragraph (1), by inserting
`, through agreements with recipient governments, private
voluntary organizations, and cooperatives,' after `developing
country';
``(2) by striking paragraph (1);
``(3) in paragraph (2)--
``(A) in subparagraph (C), by striking `and' at the
end;
``(B) in subparagraph (D), by striking the period
at the end and inserting `; and'; and
``(C) by adding at the end the following:
```(E) the improvement of the trade capacity of the
recipient country.';
``(4) in paragraph (3), by striking `agricultural business
development and agricultural trade expansion' and inserting
`development of agricultural businesses and agricultural trade
capacity';
``(5) in paragraph (4), by striking `, or otherwise' and
all that follows through `United States';
``(6) in paragraph (5), by inserting `to promote
agricultural products produced in appropriate developing
countries' after `trade fairs'; and
``(7) by redesignating paragraphs (2) through (9) as
paragraphs (1) through (8), respectively.
``SEC. 3007. GENERAL AUTHORITY.
``Section 201 of the Food for Peace Act (7 U.S.C. 1721) is
amended--
``(1) by striking paragraph (1) and inserting the
following:
```(1) address famine and food crises, and respond to
emergency food needs, arising from man-made and natural
disasters;';
``(2) in paragraph (5)--
``(A) by inserting `food security and support'
after `promote'; and
``(B) by striking `; and' and inserting a
semicolon;
``(3) in paragraph (6), by striking the period at the end
and inserting `; and'; and
``(4) by adding at the end the following:
```(7) promote economic and nutritional security by
increasing educational, training, and other productive
activities.'.
``SEC. 3008. PROVISION OF AGRICULTURAL COMMODITIES.
``Section 202 of the Food for Peace Act (7 U.S.C. 1722) is
amended--
``(1) in subsection (b)(2), by striking `may not deny a
request for funds' and inserting `may not use as a sole
rationale for denying a request for funds';
``(2) in subsection (e)(1)--
``(A) in the matter preceding subparagraph (A), by
striking `not less than 5 percent nor more than 10
percent' and inserting `not less than 7.5 percent nor
more than 13 percent';
``(B) in subparagraph (A), by striking `; and' and
inserting a semicolon;
``(C) in subparagraph (B), by striking the period
at the end and inserting `; and'; and
``(D) by adding at the end the following:
```(C) improving and implementing methodologies for
food aid programs, including needs assessments (upon
the request of the Administrator), monitoring, and
evaluation.'; and
``(3) by striking subsection (h) and inserting the
following:
```(h) Food Aid Quality.--
```(1) In general.--The Administrator shall use funds made
available for fiscal year 2009 and subsequent fiscal years to
carry out this title--
```(A) to assess the types and quality of
agricultural commodities and products donated for food
aid;
```(B) to adjust products and formulations
(including the potential introduction of new
fortificants and products) as necessary to cost-
effectively meet nutrient needs of target populations;
and
```(C) to test prototypes.
```(2) Administration.--The Administrator--
```(A) shall carry out this subsection in
consultation with and through independent entities with
proven expertise in food aid commodity quality
enhancements;
```(B) may enter into contracts to obtain the
services of such entities; and
```(C) shall consult with the Food Aid Consultative
Group on how to carry out this subsection.
```(3) Funding limitation.--Of the funds made available
under section 207(f), for fiscal years 2009 through 2011, not
more than $4,500,000 may be used to carry out this
subsection.'.
``SEC. 3009. GENERATION AND USE OF CURRENCIES BY PRIVATE VOLUNTARY
ORGANIZATIONS AND COOPERATIVES.
``Section 203(b) of the Food for Peace Act (7 U.S.C. 1723(b)) is
amended by striking `1 or more recipient countries' and inserting `in 1
or more recipient countries'.
``SEC. 3010. LEVELS OF ASSISTANCE.
``Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is
amended--
``(1) in paragraph (1), by striking `2002 through 2007' and
inserting `2008 through 2012'; and
``(2) in paragraph (2), by striking `2002 through 2007' and
inserting `2008 through 2012'.
``SEC. 3011. FOOD AID CONSULTATIVE GROUP.
``Section 205 of the Food for Peace Act (7 U.S.C. 1725) is
amended--
``(1) in subsection (b)--
``(A) in paragraph (5), by striking `and' at the
end;
``(B) in paragraph (6), by striking the period and
inserting `; and'; and
``(C) by inserting at the end the following:
```(7) representatives from the maritime transportation
sector involved in transporting agricultural commodities
overseas for programs under this Act.'; and
``(2) in subsection (f), by striking `2007' and inserting
`2012'.
``SEC. 3012. ADMINISTRATION.
``Section 207 of the Food for Peace Act (7 U.S.C. 1726a) is
amended--
``(1) in subsection (a)(3), by striking `and the conditions
that must be met for the approval of such proposal';
``(2) in subsection (c), by striking paragraph (3);
``(3) by striking subsection (d) and inserting the
following:
```(d) Timely Provision of Commodities.--The Administrator, in
consultation with the Secretary, shall develop procedures that ensure
expedited processing of commodity call forwards in order to provide
commodities overseas in a timely manner and to the extent feasible,
according to planned delivery schedules.'; and
``(4) by adding at the end the following:
```(f) Program Oversight, Monitoring, and Evaluation.--
```(1) Duties of administrator.--The Administrator, in
consultation with the Secretary, shall establish systems and
carry out activities--
```(A) to determine the need for assistance
provided under this title; and
```(B) to improve, monitor, and evaluate the
effectiveness and efficiency of the assistance provided
under this title to maximize the impact of the
assistance.
```(2) Requirements of systems and activities.--The systems
and activities described in paragraph (1) shall include--
```(A) program monitors in countries that receive
assistance under this title;
```(B) country and regional food aid impact
evaluations;
```(C) the identification and implementation of
best practices for food aid programs;
```(D) the evaluation of monetization programs;
```(E) early warning assessments and systems to
help prevent famines; and
```(F) upgraded information technology systems.
```(3) Implementation report.--Not later than 180 days
after the date of enactment of the Food, Conservation, and
Energy Act of 2008, the Administrator shall submit to the
appropriate committees of Congress a report on efforts
undertaken by the Administrator to conduct oversight of
nonemergency programs under this title.
```(4) Government accountability office report.--Not later
than 270 days after the date of submission of the report under
paragraph (3), the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report
that contains--
```(A) a review of, and comments addressing, the
report described in paragraph (3); and
```(B) recommendations relating to any additional
actions that the Comptroller General of the United
States determines to be necessary to improve the
monitoring and evaluation of assistance provided under
this title.
```(5) Contract authority.--
```(A) In general.--Subject to subparagraphs (B)
and (C), in carrying out administrative and management
activities relating to each activity carried out by the
Administrator under paragraph (1), the Administrator
may enter into contracts with 1 or more individuals for
personal service to be performed in recipient countries
or neighboring countries.
```(B) Prohibition.--An individual who enters into
a contract with the Administrator under subparagraph
(A) shall not be considered to be an employee of the
Federal Government for the purpose of any law
(including regulations) administered by the Office of
Personnel Management.
```(C) Personal service.--Subparagraph (A) does not
limit the ability of the Administrator to enter into a
contract with any individual for personal service under
section 202(a).
```(6) Funding.--
```(A) In general.--Subject to section 202(h)(3),
in addition to other funds made available to the
Administrator to carry out the monitoring of emergency
food assistance, the Administrator may implement this
subsection using up to $22,000,000 of the funds made
available under this title for each of fiscal years
2009 through 2012, except for paragraph (2)(F), for
which only $2,500,000 shall be made available during
fiscal year 2009.
```(B) Limitations.--
```(i) In general.--Subject to clause (ii),
of the funds made available under subparagraph
(A), for each of fiscal years 2009 through
2012, not more than $8,000,000 may be used by
the Administrator to carry out paragraph
(2)(E).
```(ii) Condition.--No funds shall be made
available under subparagraph (A), in accordance
with clause (i), unless not less than
$8,000,000 is made available under chapter 1 of
part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) for such purposes for
such fiscal year.
```(g) Project Reporting.--
```(1) In general.--In submitting project reports to the
Administrator, a private voluntary organization or cooperative
shall provide a copy of the report in such form as is necessary
for the report to be displayed for public use on the website of
the United States Agency for International Development.
```(2) Confidential information.--An organization or
cooperative described in paragraph (1) may omit any
confidential information from the copy of the report submitted
for public display under that paragraph.'.
``SEC. 3013. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE PREPACKAGED
FOODS.
``Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is
amended--
``(1) by striking `$3,000,000' and inserting `$8,000,000';
and
``(2) by striking `2007' and inserting `2012'.
``SEC. 3014. GENERAL AUTHORITIES AND REQUIREMENTS.
``(a) In General.--Section 401 of the Food for Peace Act (7 U.S.C.
1731) is amended--
``(1) by striking subsection (a);
``(2) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively; and
``(3) in subsection (b) (as so redesignated), by striking
`(b)(1)' and inserting `(a)(1)'.
``(b) Conforming Amendments.--
``(1) Section 406(a) of the Food for Peace Act (7 U.S.C.
1736(a)) is amended by striking `(that have been determined to
be available under section 401(a))'.
``(2) Subsection (e)(1) of the Food for Progress Act of
1985 (7 U.S.C. 1736o(e)(1)) is amended by striking `determined
to be available under section 401 of the Food for Peace Act'.
``SEC. 3015. DEFINITIONS.
``Section 402 of the Food for Peace Act (7 U.S.C. 1732) is
amended--
``(1) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively; and
``(2) by inserting after paragraph (2) the following:
```(3) Appropriate committee of congress.--The term
``appropriate committee of Congress'' means--
```(A) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
```(B) the Committee on Agriculture of the House of
Representatives; and
```(C) the Committee on Foreign Affairs of the
House of Representatives.'.
``SEC. 3016. USE OF COMMODITY CREDIT CORPORATION.
``Section 406(b)(2) of the Food for Peace Act (7 U.S.C. 1736(b)(2))
is amended by inserting `, including the costs of carrying out section
415' before the semicolon.
``SEC. 3017. ADMINISTRATIVE PROVISIONS.
``Section 407(c) of the Food for Peace Act (7 U.S.C. 1736a(c)) is
amended--
``(1) in paragraph (4)--
``(A) by striking `Funds made' and inserting the
following:
```(A) In general.--Funds made';
``(B) in subparagraph (A) (as so designated)--
``(i) by striking `2007' and inserting
`2012'; and
``(ii) by striking `$2,000,000' and
inserting `$10,000,000'; and
``(C) by adding at the end the following:
```(B) Additional prepositioning sites.--
```(i) Feasibility assessments.--The
Administrator may carry out assessments for the
establishment of not less than 2 sites to
determine the feasibility of, and costs
associated with, using the sites to store and
handle agricultural commodities for
prepositioning in foreign countries.
```(ii) Establishment of sites.--Based on
the results of each assessment carried out
under clause (i), the Administrator may
establish additional sites for prepositioning
in foreign countries.'; and
``(2) by adding at the end the following:
```(5) Nonemergency or multiyear agreements.--Annual
resource requests for ongoing nonemergency or ongoing multiyear
agreements under title II shall be finalized not later than
October 1 of the fiscal year in which the agricultural
commodities will be shipped under the agreement.'.
``SEC. 3018. CONSOLIDATION AND MODIFICATION OF ANNUAL REPORTS REGARDING
AGRICULTURAL TRADE ISSUES.
``(a) Annual Reports.--Section 407 of the Food for Peace Act (7
U.S.C. 1736a) is amended by striking subsection (f) and inserting the
following:
```(f) Annual Reports.--
```(1) Annual report regarding agricultural trade programs
and activities.--
```(A) Annual report.--Not later than April 1 of
each fiscal year, the Administrator and the Secretary
shall jointly prepare and submit to the appropriate
committees of Congress a report regarding each program
and activity carried out under this Act during the
prior fiscal year.
```(B) Contents.--An annual report described in
subparagraph (A) shall include, with respect to the
prior fiscal year--
```(i) a list that contains a description
of each country and organization that receives
food and other assistance under this Act
(including the quantity of food and assistance
provided to each country and organization);
```(ii) a general description of each
project and activity implemented under this Act
(including each activity funded through the use
of local currencies);
```(iii) a statement describing the
quantity of agricultural commodities made
available to each country pursuant to--
```(I) section 416(b) of the
Agricultural Act of 1949 (7 U.S.C.
1431(b)); and
```(II) the Food for Progress Act
of 1985 (7 U.S.C. 1736o);
```(iv) an assessment of the progress made
through programs under this Act towards
reducing food insecurity in the populations
receiving food assistance from the United
States;
```(v) a description of efforts undertaken
by the Food Aid Consultative Group under
section 205 to achieve an integrated and
effective food assistance program;
```(vi) an assessment of--
```(I) each program oversight,
monitoring, and evaluation system
implemented under section 207(f); and
```(II) the impact of each program
oversight, monitoring, and evaluation
system on the effectiveness and
efficiency of assistance provided under
this title; and
```(vii) an assessment of the progress made
by the Administrator in addressing issues
relating to quality with respect to the
provision of food assistance.
```(2) Annual report regarding the provision of
agricultural commodities to foreign countries.--
```(A) Annual report.--Not later than February 1 of
each fiscal year, the Administrator shall prepare and
submit to the appropriate committees of Congress a
report regarding the administration of food assistance
programs under title II to benefit foreign countries
during the prior fiscal year.
```(B) Contents.--An annual report described in
subparagraph (A) shall include, with respect to the
prior fiscal year--
```(i) a list that contains a description
of each program, country, and commodity
approved for assistance under section 207; and
```(ii) a statement that contains a
description of the total amount of funds
approved for transportation and administrative
costs under section 207.'.
``(b) Conforming Amendment.--Section 207(e) of the Food for Peace
Act (7 U.S.C. 1726a(e)) is amended--
``(1) by striking `Timely Approval.' and all that follows
through `The Administrator' and inserting `Timely Approval.--
The Administrator'; and
``(2) by striking paragraph (2).
``SEC. 3019. EXPIRATION OF ASSISTANCE.
``Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended
by striking `2007' and inserting `2012'.
``SEC. 3020. AUTHORIZATION OF APPROPRIATIONS.
``Section 412 of the Food for Peace Act (7 U.S.C. 1736f) is amended
by striking subsection (a) and inserting the following:
```(a) Authorization of Appropriations.--There are authorized to be
appropriated--
```(1) for fiscal year 2008 and each fiscal year
thereafter, $2,500,000,000 to carry out the emergency and
nonemergency food assistance programs under title II; and
```(2) such sums as are necessary--
```(A) to carry out the concessional credit sales
program established under title I;
```(B) to carry out the grant program established
under title III; and
```(C) to make payments to the Commodity Credit
Corporation to the extent the Commodity Credit
Corporation is not reimbursed under the programs under
this Act for the actual costs incurred or to be
incurred by the Commodity Credit Corporation in
carrying out such programs.'.
``SEC. 3021. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.
``Section 412 of the Food for Peace Act (7 U.S.C. 1736f) is amended
by adding at the end the following:
```(e) Minimum Level of Nonemergency Food Assistance.--
```(1) Funds and commodities.--Of the amounts made
available to carry out emergency and nonemergency food
assistance programs under title II, not less than $375,000,000
for fiscal year 2009, $400,000,000 for fiscal year 2010,
$425,000,000 for fiscal year 2011, and $450,000,000 for fiscal
year 2012 shall be expended for nonemergency food assistance
programs under title II.
```(2) Exception.--The President may use less than the
amount specified in paragraph (1) in a fiscal year for
nonemergency food assistance programs under title II only if--
```(A) the President has made a determination that
there is an urgent need for additional emergency food
assistance;
```(B) the funds and commodities held in the Bill
Emerson Humanitarian Trust have been exhausted; and
```(C) the President has submitted to Congress a
supplemental appropriations request for a sum equal to
the amount needed to reach the required spending level
for nonemergency food assistance under paragraph (1)
and the amount exhausted under paragraph (2)(B).
```(3) Notification to congress.--If the President makes
the determination described in paragraph (2)(A), the President
shall submit to Congress written notification that the
determination has been made.'.
``SEC. 3022. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS.
``Section 413 of the Food for Peace Act (7 U.S.C. 1736g) is
amended--
``(1) by striking `To the maximum' and inserting the
following:
```(a) In General.--To the maximum'; and
``(2) by adding at the end the following:
```(b) Report Regarding Efforts To Improve Procurement Planning.--
```(1) Report required.--Not later than 90 days after the
date of enactment of the Food, Conservation, and Energy Act of
2008, the Administrator and the Secretary shall submit to each
appropriate committee of Congress a report that contains a
description of each effort taken by the Administrator and the
Secretary to improve planning for food and transportation
procurement (including efforts to eliminate bunching of food
purchases).
```(2) Contents.--A report required under paragraph (1)
should include a description of each effort taken by the
Administrator and the Secretary--
```(A) to improve the coordination of food
purchases made by--
```(i) the United States Agency for
International Development; and
```(ii) the Department of Agriculture;
```(B) to increase flexibility with respect to
procurement schedules;
```(C) to increase the use of historical analyses
and forecasting; and
```(D) to improve and streamline legal claims
processes for resolving transportation disputes.'.
``SEC. 3023. MICRONUTRIENT FORTIFICATION PROGRAMS.
``Section 415 of the Food for Peace Act (7 U.S.C. 1736g-2) is
amended--
``(1) in subsection (a)--
``(A) in paragraph (1), by striking `Not later than
September 30, 2003, the Administrator, in consultation
with the Secretary' and inserting `Not later than
September 30, 2008, the Administrator, in consultation
with the Secretary'; and
``(B) in paragraph (2)--
``(i) in subparagraph (A), by adding `and'
after the semicolon at the end; and
``(ii) by striking subparagraphs (B) and
(C) and inserting the following:
```(B) assess and apply technologies and systems to
improve and ensure the quality, shelf life,
bioavailability, and safety of fortified food aid
agricultural commodities, and products of those
agricultural commodities, using recommendations
included in the report entitled ``Micronutrient
Compliance Review of Fortified Public Law 480
Commodities'', published in October 2001, with
implementation by independent entities with proven
experience and expertise in food aid commodity quality
enhancements.';
``(2) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c),
respectively; and
``(3) in subsection (c) (as redesignated by paragraph (2)),
by striking `2007' and inserting `2012'.
``SEC. 3024. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER PROGRAM.
``(a) Minimum Funding.--Section 501(d) of the Food for Peace Act (7
U.S.C. 1737(d)) is amended in the matter preceding paragraph (1)--
``(1) by striking `not less than' and inserting `not less
than the greater of $10,000,000 or'; and
``(2) by striking `2002 through 2007' and inserting `2008
through 2012'.
``(b) Authorization of Appropriations.--Section 501(e) of the Food
for Peace Act (7 U.S.C. 1737(e)) is amended by striking paragraph (1)
and inserting the following:
```(1) In general.--There are authorized to be appropriated
for each of fiscal years 2008 through 2012 to carry out the
programs under this section--
```(A) $10,000,000 for sub-Saharan African and
Caribbean Basin countries; and
```(B) $5,000,000 for other developing or middle-
income countries or emerging markets not described in
subparagraph (A).'.
``Subtitle B--Agricultural Trade Act of 1978 and Related Statutes
``SEC. 3101. EXPORT CREDIT GUARANTEE PROGRAM.
``(a) Repeal of Supplier Credit Guarantee Program and Intermediate
Export Credit Guarantee Program.--Section 202 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5622) is amended--
``(1) in subsection (a)--
``(A) by striking `Guarantees.--' and all that
follows through `The Commodity' in paragraph (1) and
inserting `Guarantees.--The Commodity'; and
``(B) by striking paragraphs (2) and (3);
``(2) by striking subsections (b) and (c);
``(3) by redesignating subsections (d) through (l) as
subsections (b) through (j), respectively; and
``(4) by adding at the end the following:
```(k) Administration.--
```(1) Definition of long term.--In this subsection, the
term ``long term'' means a period of 10 or more years.
```(2) Guarantees.--In administering the export credit
guarantees authorized under this section, the Secretary shall--
```(A) maximize the export sales of agricultural
commodities;
```(B) maximize the export credit guarantees that
are made available and used during the course of a
fiscal year;
```(C) develop an approach to risk evaluation that
facilitates accurate country risk designations and
timely adjustments to the designations (on an ongoing
basis) in response to material changes in country risk
conditions, with ongoing opportunity for input and
evaluation from the private sector;
```(D) adjust risk-based guarantees as necessary to
ensure program effectiveness and United States
competitiveness; and
```(E) work with industry to ensure, to the maximum
extent practicable, that risk-based fees associated
with the guarantees cover, but do not exceed, the
operating costs and losses over the long term.'.
``(b) Funding Levels.--Section 211 of the Agricultural Trade Act of
1978 (7 U.S.C. 5641) is amended by striking subsection (b) and
inserting the following:
```(b) Export Credit Guarantee Programs.--The Commodity Credit
Corporation shall make available for each of fiscal years 1996 through
2012 credit guarantees under section 202(a) in an amount equal to but
not more than the lesser of--
```(1) $5,500,000,000 in credit guarantees; or
```(2) the sum of--
```(A) the amount of credit guarantees that the
Commodity Credit Corporation can make available using
budget authority of $40,000,000 for each fiscal year
for the costs of the credit guarantees; and
```(B) the amount of credit guarantees that the
Commodity Credit Corporation can make available using
unobligated budget authority for prior fiscal years.'.
``(c) Conforming Amendments.--Section 202 of the Agricultural Trade
Act of 1978 (7 U.S.C. 5622) is amended--
``(1) in subsection (b)(4) (as redesignated by subsection
(a)(3)), by striking `, consistent with the provisions of
subsection (c)';
``(2) in subsection (d) (as redesignated by subsection
(a)(3))--
``(A) by striking `(1)' and all that follows
through `The Commodity' and inserting `The Commodity';
and
``(B) by striking paragraph (2); and
``(3) in subsection (g)(2) (as redesignated by subsection
(a)(3)), by striking `subsections (a) and (b)' and inserting
`subsection (a)'.
``SEC. 3102. MARKET ACCESS PROGRAM.
``(a) Organic Commodities.--Section 203(a) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5623(a)) is amended by inserting after
`agricultural commodities' the following: `(including commodities that
are organically produced (as defined in section 2103 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6502)))'.
``(b) Funding.--Section 211(c)(1)(A) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5641(c)(1)(A)) is amended by striking `$200,000,000
for each of fiscal years 2006 and 2007' and inserting `$200,000,000 for
each of fiscal years 2008 through 2012'.
``SEC. 3103. EXPORT ENHANCEMENT PROGRAM.
``(a) In General.--Section 301 of the Agricultural Trade Act of
1978 (7 U.S.C. 5651) is repealed.
``(b) Conforming Amendments.--The Agricultural Trade Act of 1978 is
amended--
``(1) in title III, by striking the title heading and
inserting the following:
```TITLE III--BARRIERS TO EXPORTS';
``(2) by redesignating sections 302 and 303 (7 U.S.C. 5652
and 5653) as sections 301 and 302, respectively;
``(3) in section 302 (as redesignated by paragraph (2)), by
striking `, such as that established under section 301,';
``(4) in section 401 (7 U.S.C. 5661)--
``(A) in subsection (a), by striking `section 201,
202, or 301' and inserting `section 201 or 202'; and
``(B) in subsection (b), by striking `sections 201,
202, and 301' and inserting `sections 201 and 202'; and
``(5) in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by
striking `sections 201, 202, 203, and 301' and inserting
`sections 201, 202, and 203'.
``SEC. 3104. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
``(a) Report to Congress.--Section 702(c) of the Agricultural Trade
Act of 1978 (7 U.S.C. 5722(c)) is amended by striking `Committee on
International Relations' and inserting `Committee on Foreign Affairs'.
``(b) Funding.--Section 703(a) of the Agricultural Trade Act of
1978 (7 U.S.C. 5723(a)) is amended by striking `2002 through 2007' and
inserting `2008 through 2012'.
``SEC. 3105. FOOD FOR PROGRESS ACT OF 1985.
``(a) In General.--The Food for Progress Act of 1985 (7 U.S.C.
1736o) is amended by striking `2007' each place it appears and
inserting `2012'.
``(b) Designation of Project in Sub-Saharan Africa.--The Food for
Progress Act of 1985 (7 U.S.C. 1736o) is amended in subsection (f) by
adding at the end the following:
```(6) Project in malawi.--
```(A) In general.--In carrying out this section
during fiscal year 2009, the President shall approve
not less than 1 multiyear project for Malawi--
```(i) to promote sustainable agriculture;
and
```(ii) to increase the number of women in
leadership positions.
```(B) Use of eligible commodities.--Of the
eligible commodities used to carry out this section
during the period in which the project described in
subparagraph (A) is carried out, the President shall
carry out the project using eligible commodities with a
total value of not less than $3,000,000 during the
course of the project.'.
``SEC. 3106. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM.
``Section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1) is amended--
``(1) in subsections (b), (c)(2)(B), (f)(1), (h), (i), and
(l)(1), by striking `President' each place it appears and
inserting `Secretary';
``(2) in subsection (d), by striking `The President shall
designate 1 or more Federal agencies' and inserting `The
Secretary shall';
``(3) in paragraph (f)(2), by striking `implementing
agency' and inserting `Secretary'; and
``(4) in subsection (l)--
``(A) by striking paragraph (1) and inserting the
following:
```(1) Use of commodity credit corporation funds.--Of the
funds of the Commodity Credit Corporation, the Secretary shall
use to carry out this section $84,000,000 for fiscal year 2009,
to remain available until expended.';
``(B) in paragraph (2), by striking `2004 through
2007' and inserting `2008 through 2012'; and
``(C) in paragraph (3), by striking `any Federal
agency implementing or assisting' and inserting `the
Department of Agriculture or any other Federal agency
assisting'.
``Subtitle C--Miscellaneous
``SEC. 3201. BILL EMERSON HUMANITARIAN TRUST.
``Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1) is amended--
``(1) in subsection (a)--
``(A) by striking `establish a trust stock' and
inserting `establish and maintain a trust'; and
``(B) by striking `or any combination of the
commodities, totaling not more than 4,000,000 metric
tons' and inserting `any combination of the
commodities, or funds';
``(2) in subsection (b)--
``(A) in paragraph (1), by striking subparagraph
(D) and inserting the following:
```(D) funds made available--
```(i) under paragraph (2)(B);
```(ii) as a result of an exchange of any
commodity held in the trust for an equivalent
amount of funds from the market, if the
Secretary determines that such a sale of the
commodity on the market will not unduly disrupt
domestic markets; or
```(iii) to maximize the value of the
trust, in accordance with subsection (d)(3).';
and
``(B) in paragraph (2)(B)--
``(i) in clause (i)--
``(I) by striking `2007' each place
it appears and inserting `2012';
``(II) by striking `(c)(2)' and
inserting `(c)(1)'; and
``(III) by striking `and' at the
end;
``(ii) in clause (ii), by striking the
period at the end and inserting `; or'; and
``(iii) by adding at the end the following:
```(iii) from funds accrued through the
management of the trust under subsection (d).';
``(3) in subsection (c)--
``(A) by striking paragraphs (1) and (2) and
inserting the following:
```(1) Releases for emergency assistance.--
```(A) Definition of emergency.--
```(i) In general.--In this paragraph, the
term ``emergency'' means an urgent situation--
```(I) in which there is clear
evidence that an event or series of
events described in clause (ii) has
occurred--
```(aa) that causes human
suffering; and
```(bb) for which a
government concerned has not
chosen, or has not the means,
to remedy; or
```(II) created by a demonstrably
abnormal event or series of events that
produces dislocation in the lives of
residents of a country or region of a
country on an exceptional scale.
```(ii) Event or series of events.--An
event or series of events referred to in clause
(i) includes 1 or more of--
```(I) a sudden calamity, such as
an earthquake, flood, locust
infestation, or similar unforeseen
disaster;
```(II) a human-made emergency
resulting in--
```(aa) a significant
influx of refugees;
```(bb) the internal
displacement of populations; or
```(cc) the suffering of
otherwise affected populations;
```(III) food scarcity conditions
caused by slow-onset events, such as
drought, crop failure, pest
infestation, and disease, that result
in an erosion of the ability of
communities and vulnerable populations
to meet food needs; and
```(IV) severe food access or
availability conditions resulting from
sudden economic shocks, market failure,
or economic collapse, that result in an
erosion of the ability of communities
and vulnerable populations to meet food
needs.
```(B) Releases.--
```(i) In general.--Any funds or
commodities held in the trust may be released
to provide food, and cover any associated
costs, under title II of the Food for Peace Act
(7 U.S.C. 1721 et seq.)--
```(I) to assist in averting an
emergency, including during the period
immediately preceding the emergency;
```(II) to respond to an emergency;
or
```(III) for recovery and
rehabilitation after an emergency.
```(ii) Procedure.--A release under clause
(i) shall be carried out in the same manner,
and pursuant to the same authority as provided
in title II of that Act.
```(C) Insufficiency of other funds.--The funds and
commodities held in the trust shall be made immediately
available on a determination by the Administrator that
funds available for emergency needs under title II of
that Act (7 U.S.C. 1721 et seq.) for a fiscal year are
insufficient to meet emergency needs during the fiscal
year.
```(D) Waiver relating to minimum tonnage
requirements.--Nothing in this paragraph requires a
waiver by the Administrator of the Agency for
International Development under section 204(a)(3) of
the Food for Peace Act (7 U.S.C. 1724(a)(3)) as a
condition for a release of funds or commodities under
subparagraph (B).'; and
``(B) by redesignating paragraphs (3) through (5)
as paragraphs (2) through (4), respectively;
``(4) in subsection (d)--
``(A) by redesignating paragraphs (1) through (3)
as subparagraphs (A) through (C), respectively, and
indenting the subparagraphs appropriately;
``(B) by striking the subsection designation and
heading and all that follows through `provide--' and
inserting the following:
```(d) Management of Trust.--
```(1) In general.--The Secretary shall provide for the
management of eligible commodities and funds held in the trust
in a manner that is consistent with maximizing the value of the
trust, as determined by the Secretary.
```(2) Eligible commodities.--The Secretary shall provide--
';
``(C) in paragraph (2) (as redesignated by
subparagraph (B))--
``(i) in subparagraph (B) (as redesignated
by subparagraph (A)), by striking `and' at the
end; and
``(ii) in subparagraph (C) (as redesignated
by subparagraph (A)), by striking the period at
the end and inserting `; and'; and
``(D) by adding at the end the following:
```(3) Funds.--
```(A) Exchanges.--If any commodity held in the
trust is exchanged for funds under subsection
(b)(1)(D)(ii), the funds shall be held in the trust
until the date on which the funds are released in the
case of an emergency under subsection (c).
```(B) Investment.--The Secretary may invest funds
held in the trust in any short-term obligation of the
United States or any other low-risk short-term
instrument or security insured by the Federal
Government in which a regulated insurance company may
invest under the laws of the District of Columbia.';
and
``(5) in subsection (h), in each of paragraphs (1) and (2),
by striking `2007' each place it appears and inserting `2012'.
``SEC. 3202. GLOBAL CROP DIVERSITY TRUST.
``(a) Contribution.--The Administrator of the United States Agency
for International Development shall contribute funds to endow the
Global Crop Diversity Trust (referred to in this section as the
`Trust') to assist in the conservation of genetic diversity in food
crops through the collection and storage of the germplasm of food crops
in a manner that provides for--
``(1) the maintenance and storage of seed collections;
``(2) the documentation and cataloguing of the genetics and
characteristics of conserved seeds to ensure efficient
reference for researchers, plant breeders, and the public;
``(3) building the capacity of seed collection in
developing countries;
``(4) making information regarding crop genetic data
publicly available for researchers, plant breeders, and the
public (including through the provision of an accessible
Internet website);
``(5) the operation and maintenance of a back-up facility
in which are stored duplicate samples of seeds, in the case of
natural or man-made disasters; and
``(6) oversight designed to ensure international
coordination of those actions and efficient, public
accessibility to that diversity through a cost-effective
system.
``(b) United States Contribution Limit.--The aggregate
contributions of funds of the Federal Government provided to the Trust
shall not exceed 25 percent of the total amount of funds contributed to
the Trust from all sources.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000 for the period of
fiscal years 2008 through 2012.
``SEC. 3203. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
``Section 3205 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 5680) is amended by striking subsection (d) and
inserting the following:
```(d) Annual Report.--Not later than 180 days after the date of
enactment of the Food, Conservation, and Energy Act of 2008 and
annually thereafter, the Secretary shall submit to the appropriate
committees of Congress a report that contains, for the period covered
by the report, a description of each factor that affects the export of
specialty crops, including each factor relating to any--
```(1) significant sanitary or phytosanitary issue; or
```(2) trade barrier.
```(e) Funding.--
```(1) Commodity credit corporation.--The Secretary shall
use the funds, facilities, and authorities of the Commodity
Credit Corporation to carry out this section.
```(2) Funding amounts.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section--
```(A) $4,000,000 for fiscal year 2008;
```(B) $7,000,000 for fiscal year 2009;
```(C) $8,000,000 for fiscal year 2010;
```(D) $9,000,000 for fiscal year 2011; and
```(E) $9,000,000 for fiscal year 2012.'.
``SEC. 3204. EMERGING MARKETS AND FACILITY GUARANTEE LOAN PROGRAM.
``Section 1542 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is amended--
``(1) in subsection (a), by striking `2007' and inserting
`2012';
``(2) in subsection (b)--
``(A) in the first sentence, by redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively, and indenting appropriately;
``(B) by striking `A portion' and inserting the
following:
```(1) In general.--A portion';
``(C) in the second sentence, by striking `The
Commodity Credit Corporation' and inserting the
following:
```(2) Priority.--The Commodity Credit Corporation'; and
``(D) by adding at the end the following:
```(3) Construction waiver.--The Secretary may waive any
applicable requirements relating to the use of United States
goods in the construction of a proposed facility, if the
Secretary determines that--
```(A) goods from the United States are not
available; or
```(B) the use of goods from the United States is
not practicable.
```(4) Term of guarantee.--A facility payment guarantee
under this subsection shall be for a term that is not more than
the lesser of--
```(A) the term of the depreciation schedule of the
facility assisted; or
```(B) 20 years.'; and
``(3) in subsection (d)(1)(A)(i) by striking `2007' and
inserting `2012'.
``SEC. 3205. CONSULTATIVE GROUP TO ELIMINATE THE USE OF CHILD LABOR AND
FORCED LABOR IN IMPORTED AGRICULTURAL PRODUCTS.
``(a) Definitions.--In this section:
``(1) Child labor.--The term `child labor' means the worst
forms of child labor as defined in International Labor
Convention 182, the Convention Concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of
Child Labor, done at Geneva on June 17, 1999.
``(2) Consultative group.--The term `Consultative Group'
means the Consultative Group to Eliminate the Use of Child
Labor and Forced Labor in Imported Agricultural Products
established under subsection (b).
``(3) Forced labor.--The term `forced labor' means all work
or service--
``(A) that is exacted from any individual under
menace of any penalty for nonperformance of the work or
service, and for which--
``(i) the work or service is not offered
voluntarily; or
``(ii) the work or service is performed as
a result of coercion, debt bondage, or
involuntary servitude (as those terms are
defined in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C.
7102)); and
``(B) by 1 or more individuals who, at the time of
performing the work or service, were being subjected to
a severe form of trafficking in persons (as that term
is defined in that section).
``(b) Establishment.--There is established a group to be known as
the `Consultative Group to Eliminate the Use of Child Labor and Forced
Labor in Imported Agricultural Products' to develop recommendations
relating to guidelines to reduce the likelihood that agricultural
products or commodities imported into the United States are produced
with the use of forced labor and child labor.
``(c) Duties.--
``(1) In general.--Not later than 2 years after the date of
enactment of this Act and in accordance with section 105(d) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(d)), as applicable to the importation of agricultural
products made with the use of child labor or forced labor, the
Consultative Group shall develop, and submit to the Secretary,
recommendations relating to a standard set of practices for
independent, third-party monitoring and verification for the
production, processing, and distribution of agricultural
products or commodities to reduce the likelihood that
agricultural products or commodities imported into the United
States are produced with the use of forced labor or child
labor.
``(2) Guidelines.--
``(A) In general.--Not later than 1 year after the
date on which the Secretary receives recommendations
under paragraph (1), the Secretary shall release
guidelines for a voluntary initiative to enable
entities to address issues raised by the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.).
``(B) Requirements.--Guidelines released under
subparagraph (A) shall be published in the Federal
Register and made available for public comment for a
period of 90 days.
``(d) Membership.--The Consultative Group shall be composed of not
more than 13 individuals, of whom--
``(1) 2 members shall represent the Department of
Agriculture, as determined by the Secretary;
``(2) 1 member shall be the Deputy Under Secretary for
International Affairs of the Department of Labor;
``(3) 1 member shall represent the Department of State, as
determined by the Secretary of State;
``(4) 3 members shall represent private agriculture-related
enterprises, which may include retailers, food processors,
importers, and producers, of whom at least 1 member shall be an
importer, food processor, or retailer who utilizes independent,
third-party supply chain monitoring for forced labor or child
labor;
``(5) 2 members shall represent institutions of higher
education and research institutions, as determined appropriate
by the Bureau of International Labor Affairs of the Department
of Labor;
``(6) 1 member shall represent an organization that
provides independent, third-party certification services for
labor standards for producers or importers of agricultural
commodities or products; and
``(7) 3 members shall represent organizations described in
section 501(c)(3) of the Internal Revenue Code of 1986 that
have expertise on the issues of international child labor and
do not possess a conflict of interest associated with
establishment of the guidelines issued under subsection (c)(2),
as determined by the Bureau of International Labor Affairs of
the Department of Labor, including representatives from
consumer organizations and trade unions, if appropriate.
``(e) Chairperson.--A representative of the Department of
Agriculture appointed under subsection (d)(1), as determined by the
Secretary, shall serve as the chairperson of the Consultative Group.
``(f) Requirements.--Not less than 4 times per year, the
Consultative Group shall meet at the call of the Chairperson, after
reasonable notice to all members, to develop recommendations described
in subsection (c)(1).
``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Consultative Group.
``(h) Annual Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter through December 31,
2012, the Secretary shall submit to the Committees on Agriculture and
Foreign Affairs of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report describing
the activities and recommendations of the Consultative Group.
``(i) Termination of Authority.--The Consultative Group shall
terminate on December 31, 2012.
``SEC. 3206. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Agency for International Development.
``(2) Appropriate committee of congress.--The term
`appropriate committee of Congress' means--
``(A) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(B) the Committee on Agriculture of the House of
Representatives; and
``(C) the Committee on Foreign Affairs of the House
of Representatives.
``(3) Eligible commodity.--The term `eligible commodity'
means an agricultural commodity (or the product of an
agricultural commodity) that--
``(A) is produced in, and procured from, a
developing country; and
``(B) at a minimum, meets each nutritional,
quality, and labeling standard of the country that
receives the agricultural commodity, as determined by
the Secretary.
``(4) Eligible organization.--The term `eligible
organization' means an organization that is--
``(A) described in section 202(d) of the Food for
Peace Act (7 U.S.C. 1722(d)); and
``(B) with respect to nongovernmental
organizations, subject to regulations promulgated or
guidelines issued to carry out this section, including
United States audit requirements that are applicable to
nongovernmental organizations.
``(b) Study; Field-Based Projects.--
``(1) Study.--
``(A) In general.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall
initiate a study of prior local and regional
procurements for food aid programs conducted by--
``(i) other donor countries;
``(ii) private voluntary organizations; and
``(iii) the World Food Program of the
United Nations.
``(B) Report.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a
report containing the results of the study conducted
under subparagraph (A).
``(2) Field-based projects.--
``(A) In general.--In accordance with subparagraph
(B), the Secretary shall provide grants to, or enter
into cooperative agreements with, eligible
organizations to carry out field-based projects that
consist of local or regional procurements of eligible
commodities to respond to food crises and disasters in
accordance with this section.
``(B) Consultation with administrator.--In carrying
out the development and implementation of field-based
projects under subparagraph (A), the Secretary shall
consult with the Administrator.
``(c) Procurement.--
``(1) In general.--Any eligible commodity that is procured
for a field-based project carried out under subsection (b)(2)
shall be procured through any approach or methodology that the
Secretary considers to be an effective approach or methodology
to provide adequate information regarding the manner by which
to expedite, to the maximum extent practicable, the provision
of food aid to affected populations without significantly
increasing commodity costs for low-income consumers who procure
commodities sourced from the same markets at which the eligible
commodity is procured.
``(2) Requirements.--
``(A) Impact on local farmers and countries.--The
Secretary shall ensure that the local or regional
procurement of any eligible commodity under this
section will not have a disruptive impact on farmers
located in, or the economy of--
``(i) the recipient country of the eligible
commodity; or
``(ii) any country in the region in which
the eligible commodity may be procured.
``(B) Transshipment.--The Secretary shall, in
accordance with such terms and conditions as the
Secretary considers to be appropriate, require from
each eligible organization commitments designed to
prevent or restrict--
``(i) the resale or transshipment of any
eligible commodity procured under this section
to any country other than the recipient
country; and
``(ii) the use of the eligible commodity
for any purpose other than food aid.
``(C) World prices.--
``(i) In general.--In carrying out this
section, the Secretary shall take any
precaution that the Secretary considers to be
reasonable to ensure that the procurement of
eligible commodities will not unduly disrupt--
``(I) world prices for agricultural
commodities; or
``(II) normal patterns of
commercial trade with foreign
countries.
``(ii) Procurement price.--The procurement
of any eligible commodity shall be made at a
reasonable market price with respect to the
economy of the country in which the eligible
commodity is procured, as determined by the
Secretary.
``(d) Regulations; Guidelines.--
``(1) In general.--In accordance with paragraph (2), not
later than 180 days after the date of completion of the study
under subsection (b)(1), the Secretary shall promulgate
regulations or issue guidelines to carry out field-based
projects under this section.
``(2) Requirements.--
``(A) Use of study.--In promulgating regulations or
issuing guidelines under paragraph (1), the Secretary
shall take into consideration the results of the study
described in subsection (b)(1).
``(B) Public review and comment.--In promulgating
regulations or issuing guidelines under paragraph (1),
the Secretary shall provide an opportunity for public
review and comment.
``(3) Availability.--The Secretary shall not approve the
procurement of any eligible commodity under this section until
the date on which the Secretary promulgates regulations or
issues guidelines under paragraph (1).
``(e) Field-Based Project Grants or Cooperative Agreements.--
``(1) In general.--The Secretary shall award grants to, or
enter into cooperative agreements with, eligible organizations
to carry out field-based projects.
``(2) Requirements of eligible organizations.--
``(A) Application.--
``(i) In general.--To be eligible to
receive a grant from, or enter into a
cooperative agreement with, the Secretary under
this subsection, an eligible organization shall
submit to the Secretary an application by such
date, in such manner, and containing such
information as the Secretary may require.
``(ii) Other applicable requirements.--Any
other applicable requirement relating to the
submission of proposals for consideration shall
apply to the submission of an application
required under clause (i), as determined by the
Secretary.
``(B) Completion requirement.--To be eligible to
receive a grant from, or enter into a cooperative
agreement with, the Secretary under this subsection, an
eligible organization shall agree--
``(i) to collect by September 30, 2011,
data containing the information required under
subsection (f)(1)(B) relating to the field-
based project funded through the grant; and
``(ii) to provide to the Secretary the data
collected under clause (i).
``(3) Requirements of secretary.--
``(A) Project diversity.--
``(i) In general.--Subject to clause (ii)
and subparagraph (B), in selecting proposals
for field-based projects to fund under this
section, the Secretary shall select a diversity
of projects, including projects located in--
``(I) food surplus regions;
``(II) food deficit regions (that
are carried out using regional
procurement methods); and
``(III) multiple geographical
regions.
``(ii) Priority.--In selecting proposals
for field-based projects under clause (i), the
Secretary shall ensure that the majority of
selected proposals are for field-based projects
that--
``(I) are located in Africa; and
``(II) procure eligible commodities
that are produced in Africa.
``(B) Development assistance.--A portion of the
funds provided under this subsection shall be made
available for field-based projects that provide
development assistance for a period of not less than 1
year.
``(4) Availability.--The Secretary shall not award a grant
to any eligible organization under paragraph (1) until the date
on which the Secretary promulgates regulations or issues
guidelines under subsection (d)(1).
``(f) Independent Evaluations; Report.--
``(1) Independent evaluations.--
``(A) In general.--Not later than November 1, 2011,
the Secretary shall ensure that an independent third
party conducts an independent evaluation of all field-
based projects that--
``(i) addresses each factor described in
subparagraph (B); and
``(ii) is conducted in accordance with this
section.
``(B) Required factors.--The Secretary shall
require the independent third party to develop--
``(i) with respect to each relevant market
in which an eligible commodity was procured
under this section, a description of--
``(I) the prevailing and historic
supply, demand, and price movements of
the market (including the extent of
competition for procurement bids);
``(II) the impact of the
procurement of the eligible commodity
on producer and consumer prices in the
market;
``(III) each government market
interference or other activity of the
donor country that might have
significantly affected the supply or
demand of the eligible commodity in the
area at which the local or regional
procurement occurred;
``(IV) the quantities and types of
eligible commodities procured in the
market;
``(V) the time frame for
procurement of each eligible commodity;
and
``(VI) the total cost of the
procurement of each eligible commodity
(including storage, handling,
transportation, and administrative
costs);
``(ii) an assessment regarding--
``(I) whether the requirements of
this section have been met;
``(II) the impact of different
methodologies and approaches on--
``(aa) local and regional
agricultural producers
(including large and small
agricultural producers);
``(bb) markets;
``(cc) low-income
consumers; and
``(dd) program recipients;
and
``(III) the length of the period
beginning on the date on which the
Secretary initiated the procurement
process and ending on the date of
delivery of eligible commodities;
``(iii) a comparison of different
methodologies used to carry out this section,
with respect to--
``(I) the benefits to local
agriculture;
``(II) the impact on markets and
consumers;
``(III) the period of time required
for procurement and delivery;
``(IV) quality and safety
assurances; and
``(V) implementation costs; and
``(iv) to the extent adequate information
is available (including the results of the
report required under subsection (b)(1)(B)), a
comparison of the different methodologies used
by other donor countries to make local and
regional procurements.
``(C) Independent third party access to records and
reports.--The Secretary shall provide to the
independent third party access to each record and
report that the independent third party determines to
be necessary to complete the independent evaluation.
``(D) Public access to records and reports.--Not
later than 180 days after the date described in
paragraph (2), the Secretary shall provide public
access to each record and report described in
subparagraph (C).
``(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that contains the
analysis and findings of the independent evaluation conducted
under paragraph (1)(A).
``(g) Funding.--
``(1) Commodity credit corporation.--The Secretary shall
use the funds, facilities, and authorities of the Commodity
Credit Corporation to carry out this section.
``(2) Funding amounts.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section--
``(A) $5,000,000 for fiscal year 2009;
``(B) $25,000,000 for fiscal year 2010;
``(C) $25,000,000 for fiscal year 2011; and
``(D) $5,000,000 for fiscal year 2012.
``Subtitle D--Softwood Lumber
``SEC. 3301. SOFTWOOD LUMBER.
``(a) In General.--The Tariff Act of 1930 (19 U.S.C. 1202 et seq.)
is amended by adding at the end the following new title:
```TITLE VIII--SOFTWOOD LUMBER
```SEC. 801. SHORT TITLE; TABLE OF CONTENTS.
```(a) Short Title.--This title may be cited as the ``Softwood
Lumber Act of 2008''.
```(b) Table of Contents.--The table of contents for this title is
as follows:
```TITLE VIII--SOFTWOOD LUMBER
```Sec. 801. Short title; table of contents.
```Sec. 802. Definitions.
```Sec. 803. Establishment of softwood lumber importer declaration
program.
```Sec. 804. Scope of softwood lumber importer declaration program.
```Sec. 805. Export charge determination and publication.
```Sec. 806. Reconciliation.
```Sec. 807. Verification.
```Sec. 808. Penalties.
```Sec. 809. Reports.
```SEC. 802. DEFINITIONS.
```In this title:
```(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives.
```(2) Country of export.--The term ``country of export''
means the country (including any political subdivision of the
country) from which softwood lumber or a softwood lumber
product is exported before entering the United States.
```(3) Customs laws of the united states.--The term
``customs laws of the United States'' means any law or
regulation enforced or administered by U.S. Customs and Border
Protection.
```(4) Export charges.--The term ``export charges'' means
any tax, charge, or other fee collected by the country from
which softwood lumber or a softwood lumber product, described
in section 804(a), is exported pursuant to an international
agreement entered into by that country and the United States.
```(5) Export price.--
```(A) In general.--The term ``export price'' means
one of the following:
```(i) In the case of softwood lumber or a
softwood lumber product that has undergone only
primary processing, the value that would be
determined F.O.B. at the facility where the
product underwent the last primary processing
before export.
```(ii)(I) In the case of softwood lumber
or a softwood lumber product described in
subclause (II), the value that would be
determined F.O.B. at the facility where the
lumber or product underwent the last primary
processing.
```(II) Softwood lumber or a softwood
lumber product described in this subclause is
lumber or a product that underwent the last
remanufacturing before export by a manufacturer
who--
```(aa) does not hold tenure rights
provided by the country of export;
```(bb) did not acquire standing
timber directly from the country of
export; and
```(cc) is not related to the
person who holds tenure rights or
acquired standing timber directly from
the country of export.
```(iii)(I) In the case of softwood lumber
or a softwood lumber product described in
subclause (II), the value that would be
determined F.O.B. at the facility where the
product underwent the last processing before
export.
```(II) Softwood lumber or a softwood
lumber product described in this subclause is
lumber or a product that undergoes the last
remanufacturing before export by a manufacturer
who--
```(aa) holds tenure rights
provided by the country of export;
```(bb) acquired standing timber
directly from the country of export; or
```(cc) is related to a person who
holds tenure rights or acquired
standing timber directly from the
country of export.
```(B) Related persons.--For purposes of this
paragraph, a person is related to another person if--
```(i) the person bears a relationship to
such other person described in section 152(a)
of the Internal Revenue Code of 1986;
```(ii) the person bears a relationship to
such other person described in section 267(b)
of such Code, except that ``5 percent'' shall
be substituted for ``50 percent'' each place it
appears;
```(iii) the person and such other person
are part of a controlled group of corporations,
as that term is defined in section 1563(a) of
such Code, except that ``5 percent'' shall be
substituted for ``80 percent'' each place it
appears;
```(iv) the person is an officer or
director of such other person; or
```(v) the person is the employer of such
other person.
```(C) Tenure rights.--For purposes of this
paragraph, the term ``tenure rights'' means rights to
harvest timber from public land granted by the country
of export.
```(D) Export price where f.o.b. value cannot be
determined.--
```(i) In general.--In the case of softwood
lumber or a softwood lumber product described
in clause (i), (ii), or (iii) of subparagraph
(A) for which an F.O.B. value cannot be
determined, the export price shall be the
market price for the identical lumber or
product sold in an arm's-length transaction in
the country of export at approximately the same
time as the exported lumber or product. The
market price shall be determined in the
following order of preference:
```(I) The market price for the
lumber or a product sold at
substantially the same level of trade
as the exported lumber or product but
in different quantities.
```(II) The market price for the
lumber or a product sold at a different
level of trade than the exported lumber
or product but in similar quantities.
```(III) The market price for the
lumber or a product sold at a different
level of trade than the exported lumber
or product and in different quantities.
```(ii) Level of trade.--For purposes of
clause (i), ``level of trade'' shall be
determined in the same manner as provided under
section 351.412(c) of title 19, Code of Federal
Regulations (as in effect on January 1, 2008).
```(6) F.O.B.--The term ``F.O.B.'' means a value consisting
of all charges payable by a purchaser, including those charges
incurred in the placement of merchandise on board of a
conveyance for shipment, but does not include the actual
shipping charges or any applicable export charges.
```(7) HTS.--The term ``HTS'' means the Harmonized Tariff
Schedule of the United States (19 U.S.C. 1202) (as in effect on
January 1, 2008).
```(8) Person.--The term ``person'' includes any
individual, partnership, corporation, association,
organization, business trust, government entity, or other
entity subject to the jurisdiction of the United States.
```(9) United states.--The term ``United States'' means the
customs territory of the United States, as defined in General
Note 2 of the HTS.
```SEC. 803. ESTABLISHMENT OF SOFTWOOD LUMBER IMPORTER DECLARATION
PROGRAM.
```(a) Establishment of Program.--
```(1) In general.--The President shall establish and
maintain an importer declaration program with respect to the
importation of softwood lumber and softwood lumber products
described in section 804(a). The importer declaration program
shall require importers of softwood lumber and softwood lumber
products described in section 804(a) to provide the information
required under subsection (b) and declare the information
required by subsection (c), and require that such information
accompany the entry summary documentation.
```(2) Electronic record.--The President shall establish an
electronic record that includes the importer information
required under subsection (b) and the declarations required
under subsection (c).
```(b) Required Information.--The President shall require the
following information to be submitted by any person seeking to import
softwood lumber or softwood lumber products described in section
804(a):
```(1) The export price for each shipment of softwood
lumber or softwood lumber products.
```(2) The estimated export charge, if any, applicable to
each shipment of softwood lumber or softwood lumber products as
calculated by applying the percentage determined and published
by the Under Secretary for International Trade of the
Department of Commerce pursuant to section 805 to the export
price provided in subsection (b)(1).
```(c) Importer Declarations.--Pursuant to procedures prescribed by
the President, any person seeking to import softwood lumber or softwood
lumber products described in section 804(a) shall declare that--
```(1) the person has made appropriate inquiry, including
seeking appropriate documentation from the exporter and
consulting the determinations published by the Under Secretary
for International Trade of the Department of Commerce pursuant
to section 805(b); and
```(2) to the best of the person's knowledge and belief--
```(A) the export price provided pursuant to
subsection (b)(1) is determined in accordance with the
definition provided in section 802(5);
```(B) the export price provided pursuant to
subsection (b)(1) is consistent with the export price
provided on the export permit, if any, granted by the
country of export; and
```(C) the exporter has paid, or committed to pay,
all export charges due--
```(i) in accordance with the volume,
export price, and export charge rate or rates,
if any, as calculated under an international
agreement entered into by the country of export
and the United States; and
```(ii) consistent with the export charge
determinations published by the Under Secretary
for International Trade pursuant to section
805(b).
```SEC. 804. SCOPE OF SOFTWOOD LUMBER IMPORTER DECLARATION PROGRAM.
```(a) Products Included in Program.--The following products shall
be subject to the importer declaration program established under
section 803:
```(1) In general.--All softwood lumber and softwood lumber
products classified under subheading 4407.10.00, 4409.10.10,
4409.10.20, or 4409.10.90 of the HTS, including the following
softwood lumber, flooring, and siding:
```(A) Coniferous wood, sawn or chipped lengthwise,
sliced or peeled, whether or not planed, sanded, or
finger-jointed, of a thickness exceeding 6 millimeters.
```(B) Coniferous wood siding (including strips and
friezes for parquet flooring, not assembled)
continuously shaped (tongued, grooved, rabbeted,
chamfered, v-jointed, beaded, molded, rounded, or the
like) along any of its edges or faces, whether or not
planed, sanded, or finger-jointed.
```(C) Other coniferous wood (including strips and
friezes for parquet flooring, not assembled)
continuously shaped (tongued, grooved, rabbeted,
chamfered, v-jointed, beaded, molded, rounded, or the
like) along any of its edges or faces (other than wood
moldings and wood dowel rods) whether or not planed,
sanded, or finger-jointed.
```(D) Coniferous wood flooring (including strips
and friezes for parquet flooring, not assembled)
continuously shaped (tongued, grooved, rabbeted,
chamfered, v-jointed, beaded, molded, rounded, or the
like) along any of its edges or faces, whether or not
planed, sanded, or finger-jointed.
```(E) Coniferous drilled and notched lumber and
angle cut lumber.
```(2) Products continually shaped.--Any product classified
under subheading 4409.10.05 of the HTS that is continually
shaped along its end or side edges.
```(3) Other lumber products.--Except as otherwise provided
in subsection (b) or (c), softwood lumber products that are
stringers, radius-cut box-spring frame components, fence
pickets, truss components, pallet components, and door and
window frame parts classified under subheading 4418.90.46.95,
4421.90.70.40, or 4421.90.97.40 of the HTS.
```(b) Products Excluded From Program.--The following products
shall be excluded from the importer declaration program established
under section 803:
```(1) Trusses and truss kits, properly classified under
subheading 4418.90 of the HTS.
```(2) I-joist beams.
```(3) Assembled box-spring frames.
```(4) Pallets and pallet kits, properly classified under
subheading 4415.20 of HTS.
```(5) Garage doors.
```(6) Edge-glued wood, properly classified under
subheading 4421.90.97.40 of the HTS.
```(7) Complete door frames.
```(8) Complete window frames.
```(9) Furniture.
```(10) Articles brought into the United States temporarily
and for which an exemption from duty is claimed under
subchapter XIII of chapter 98 of the HTS.
```(11) Household and personal effects.
```(c) Exceptions for Certain Products.--The following softwood
lumber products shall not be subject to the importer declaration
program established under section 803:
```(1) Stringers.--Stringers (pallet components used for
runners), if the stringers--
```(A) have at least 2 notches on the side,
positioned at equal distance from the center, to
properly accommodate forklift blades; and
```(B) are properly classified under subheading
4421.90.97.40 of the HTS.
```(2) Box-spring frame kits.--
```(A) In general.--Box-spring frame kits, if--
```(i) the kits contain--
```(I) 2 wooden side rails;
```(II) 2 wooden end (or top)
rails; and
```(III) varying numbers of wooden
slats; and
```(ii) the side rails and the end rails
are radius-cut at both ends.
```(B) Packaging.--Any kit described in
subparagraph (A) shall be individually packaged, and
contain the exact number of wooden components needed to
make the box-spring frame described on the entry
documents, with no further processing required. None of
the components contained in the package may exceed 1
inch in actual thickness or 83 inches in length.
```(3) Radius-cut box-spring frame components.--Radius-cut
box-spring frame components, not exceeding 1 inch in actual
thickness or 83 inches in length, ready for assembly without
further processing, if radius cuts are present on both ends of
the boards and are substantial cuts so as to completely round 1
corner.
```(4) Fence pickets.--Fence pickets requiring no further
processing and properly classified under subheading 4421.90.70
of the HTS, 1 inch or less in actual thickness, up to 8 inches
wide, and 6 feet or less in length, and having finials or
decorative cuttings that clearly identify them as fence
pickets. In the case of dog-eared fence pickets, the corners of
the boards shall be cut off so as to remove pieces of wood in
the shape of isosceles right angle triangles with sides
measuring \3/4\ of an inch or more.
```(5) United states-origin lumber.--Lumber originating in
the United States that is exported to another country for minor
processing and imported into the United States if--
```(A) the processing occurring in another country
is limited to kiln drying, planing to create smooth-to-
size board, and sanding; and
```(B) the importer establishes to the satisfaction
of U.S. Customs and Border Protection upon entry that
the lumber originated in the United States.
```(6) Softwood lumber.--Any softwood lumber or softwood
lumber product that originated in the United States, if the
importer, exporter, foreign processor, or original United
States producer establishes to the satisfaction of U.S. Customs
and Border Protection upon entry that the softwood lumber
entered and documented as originating in the United States was
first produced in the United States.
```(7) Home packages or kits.--
```(A) In general.--Softwood lumber or softwood
lumber products contained in a single family home
package or kit, regardless of the classification under
the HTS, if the importer declares that the following
requirements have been met:
```(i) The package or kit constitutes a
full package of the number of wooden pieces
specified in the plan, design, or blueprint
necessary to produce a home of at least 700
square feet produced to a specified plan,
design, or blueprint.
```(ii) The package or kit contains--
```(I) all necessary internal and
external doors and windows, nails,
screws, glue, subfloor, sheathing,
beams, posts, and connectors; and
```(II) if included in the purchase
contract, the decking, trim, drywall,
and roof shingles specified in the
plan, design, or blueprint.
```(iii) Prior to importation, the package
or kit is sold to a United States retailer that
sells complete home packages or kits pursuant
to a valid purchase contract referencing the
particular home design, plan, or blueprint, and
the contract is signed by a customer not
affiliated with the importer.
```(iv) Softwood lumber products entered as
part of the package or kit, whether in a single
entry or multiple entries on multiple days, are
to be used solely for the construction of the
single family home specified by the home
design, plan, or blueprint matching the U.S.
Customs and Border Protection import entry.
```(B) Additional documentation required for home
packages and kits.--In the case of each entry of
products described in clauses (i) through (iv) of
subparagraph (A) the following documentation shall be
retained by the importer and made available to U.S.
Customs and Border Protection upon request:
```(i) A copy of the appropriate home
design, plan, or blueprint matching the customs
entry in the United States.
```(ii) A purchase contract from a retailer
of home kits or packages signed by a customer
not affiliated with the importer.
```(iii) A listing of all parts in the
package or kit being entered into the United
States that conforms to the home design, plan,
or blueprint for which such parts are being
imported.
```(iv) If a single contract involves
multiple entries, an identification of all the
items required to be listed under clause (iii)
that are included in each individual shipment.
```(d) Products Covered.--For purposes of determining if a product
is covered by the importer declaration program, the President shall be
guided by the article descriptions provided in this section.
```SEC. 805. EXPORT CHARGE DETERMINATION AND PUBLICATION.
```(a) Determination.--The Under Secretary for International Trade
of the Department of Commerce shall determine, on a monthly basis, any
export charges (expressed as a percentage of export price) to be
collected by a country of export from exporters of softwood lumber or
softwood lumber products described in section 804(a) in order to ensure
compliance with any international agreement entered into by that
country and the United States.
```(b) Publication.--The Under Secretary for International Trade
shall immediately publish any determination made under subsection (a)
on the website of the International Trade Administration of the
Department of Commerce, and in any other manner the Under Secretary
considers appropriate.
```SEC. 806. RECONCILIATION.
```The Secretary of the Treasury shall conduct reconciliations to
ensure the proper implementation and operation of international
agreements entered into between a country of export of softwood lumber
or softwood lumber products described in section 804(a) and the United
States. The Secretary of Treasury shall reconcile the following:
```(1) The export price declared by a United States
importer pursuant to section 803(b)(1) with the export price
reported to the United States by the country of export, if any.
```(2) The export price declared by a United States
importer pursuant to section 803(b)(1) with the revised export
price reported to the United States by the country of export,
if any.
```SEC. 807. VERIFICATION.
```(a) In General.--The Secretary of Treasury shall periodically
verify the declarations made by a United States importer pursuant to
section 803(c), including by determining whether--
```(1) the export price declared by a United States
importer pursuant to section 803(b)(1) is the same as the
export price provided on the export permit, if any, issued by
the country of export; and
```(2) the estimated export charge declared by a United
States importer pursuant to section 803(b)(2) is consistent
with the determination published by the Under Secretary for
International Trade pursuant to section 805(b).
```(b) Examination of Books and Records.--
```(1) In general.--Any record relating to the importer
declaration program required under section 803 shall be treated
as a record required to be maintained and produced under title
V of this Act.
```(2) Examination of records.--The Secretary of the
Treasury is authorized to take such action, and examine such
records, under section 509 of this Act, as the Secretary
determines necessary to verify the declarations made pursuant
to section 803(c) are true and accurate.
```SEC. 808. PENALTIES.
```(a) In General.--It shall be unlawful for any person to import
into the United States softwood lumber or softwood lumber products in
knowing violation of this title.
```(b) Civil Penalties.--Any person who commits an unlawful act as
set forth in subsection (a) shall be liable for a civil penalty not to
exceed $10,000 for each knowing violation.
```(c) Other Penalties.--In addition to the penalties provided for
in subsection (b), any violation of this title that violates any other
customs law of the United States shall be subject to any applicable
civil and criminal penalty, including seizure and forfeiture, that may
be imposed under such custom law or title 18, United States Code, with
respect to the importation of softwood lumber and softwood lumber
products described in section 804(a).
```(d) Factors To Consider in Assessing Penalties.--In determining
the amount of civil penalties to be assessed under this section,
consideration shall be given to any history of prior violations of this
title by the person, the ability of the person to pay the penalty, the
seriousness of the violation, and such other matters as fairness may
require.
```(e) Notice.--No penalty may be assessed under this section
against a person for violating a provision of this title unless the
person is given notice and opportunity to make statements, both oral
and written, with respect to such violation.
```(f) Exception.--Notwithstanding any other provision of this
title, and without limitation, an importer shall not be found to have
violated subsection 803(c) if--
```(1) the importer made an appropriate inquiry in
accordance with section 803(c)(1) with respect to the
declaration;
```(2) the importer produces records maintained pursuant to
section 807(b) that substantiate the declaration; and
```(3) there is not substantial evidence indicating that
the importer knew that the fact to which the importer made the
declaration was false.
```SEC. 809. REPORTS.
```(a) Semiannual Reports.--Not later than 180 days after the
effective date of this title, and every 180 days thereafter, the
President shall submit to the appropriate congressional committees a
report--
```(1) describing the reconciliations conducted under
section 806, and the verifications conducted under section 807;
```(2) identifying the manner in which the United States
importers subject to reconciliations conducted under section
806 and verifications conducted under section 807 were chosen;
```(3) identifying any penalties imposed under section 808;
```(4) identifying any patterns of noncompliance with this
title; and
```(5) identifying any problems or obstacles encountered in
the implementation and enforcement of this title.
```(b) Subsidies Reports.--Not later than 180 days after the date
of the enactment of this title, and every 180 days thereafter, the
Secretary of Commerce shall provide to the appropriate congressional
committees a report on any subsidies on softwood lumber or softwood
lumber products, including stumpage subsidies, provided by countries of
export.
```(c) GAO Reports.--The Comptroller General of the United States
shall submit the following reports to the appropriate congressional
committees:
```(1) Not later than 18 months after the date of the
enactment of this title, a report on the effectiveness of the
reconciliations conducted under section 806, and verifications
conducted under section 807.
```(2) Not later than 12 months after the date of the
enactment of this title, a report on whether countries that
export softwood lumber or softwood lumber products to the
United States are complying with any international agreements
entered into by those countries and the United States.'''.
``(b) Effective Date.--The amendments made by this section shall
take effect on the date that is 60 days after the date of the enactment
of this Act.''.
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