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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).CommentsClose CommentsPermalink

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 concernedCommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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'.CommentsClose CommentsPermalink





`(b) Conforming Amendments-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each provision of law described in paragraph (2) is amended--CommentsClose CommentsPermalink





`(A) by striking `Agricultural Trade Development and Assistance Act of 1954' each place it appears and inserting `Food for Peace Act'; andCommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink





`(2) PROVISIONS OF LAW- The provisions of law referred to in paragraph (1) are the following:CommentsClose CommentsPermalink





`(A) The Agriculture and Food Act of 1981 (Public Law 97-98; 95 Stat. 1213).CommentsClose CommentsPermalink





`(B) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).CommentsClose CommentsPermalink





`(C) Section 9(a) of the Military Construction Codification Act (7 U.S.C. 1704c).CommentsClose CommentsPermalink





`(D) Section 201 of the Africa: Seeds of Hope Act of 1998 (7 U.S.C. 1721 note; Public Law 105-385).CommentsClose CommentsPermalink





`(E) The Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1 et seq.).CommentsClose CommentsPermalink





`(F) The Food for Progress Act of 1985 (7 U.S.C. 1736o).CommentsClose CommentsPermalink





`(G) Section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(I) Section 206 of the Agricultural Act of 1956 (7 U.S.C. 1856).CommentsClose CommentsPermalink





`(J) The Agricultural Competitiveness and Trade Act of 1988 (7 U.S.C. 5201 et seq.).CommentsClose CommentsPermalink





`(K) The Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.).CommentsClose CommentsPermalink





`(L) The Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.).CommentsClose CommentsPermalink





`(M) Section 301 of title 13, United States Code.CommentsClose CommentsPermalink





`(N) Section 8 of the Endangered Species Act of 1973 (16 U.S.C. 1537).CommentsClose CommentsPermalink





`(O) Section 604 of the Enterprise for the Americas Act of 1992 (22 U.S.C. 2077).CommentsClose CommentsPermalink





`(P) Section 5 of the International Health Research Act of 1960 (22 U.S.C. 2103).CommentsClose CommentsPermalink





`(Q) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).CommentsClose CommentsPermalink





`(R) The Horn of Africa Recovery and Food Security Act (22 U.S.C. 2151 note; Public Law 102-274).CommentsClose CommentsPermalink





`(S) Section 105 of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455).CommentsClose CommentsPermalink





`(T) Section 35 of the Foreign Military Sales Act (22 U.S.C. 2775).CommentsClose CommentsPermalink





`(U) The Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).CommentsClose CommentsPermalink





`(V) Section 1707 of the Cuban Democracy Act of 1992 (22 U.S.C. 6006).CommentsClose CommentsPermalink





`(W) The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.).CommentsClose CommentsPermalink





`(X) Section 902 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201).CommentsClose CommentsPermalink





`(Y) Chapter 553 of title 46, United States Code.CommentsClose CommentsPermalink





`(Z) Section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).CommentsClose CommentsPermalink





`(AA) The Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-624; 104 Stat. 3359).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink

`SEC. 3002. UNITED STATES POLICY.

`Section 2 of the Food for Peace Act (7 U.S.C. 1691) is amended--CommentsClose CommentsPermalink





`(1) by striking paragraph (4); andCommentsClose CommentsPermalink





`(2) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively.CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) seek commitments of higher levels of food aid by donors in order to meet the legitimate needs of developing countries;CommentsClose CommentsPermalink





`(B) ensure, to the maximum extent practicable, that humanitarian nongovernmental organizations, recipient country governments, charitable bodies, and international organizations shall continue--CommentsClose CommentsPermalink





`(i) to be eligible to receive resources based on assessments of need conducted by those organizations and entities; andCommentsClose CommentsPermalink





`(ii) to implement food aid programs in agreements with donor countries; andCommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) is based on assessments of need and intended to benefit the food security of, or otherwise assist, recipients, andCommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink

`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'.CommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink

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

`Section 102 of the Food for Peace Act (7 U.S.C. 1702) is amended--CommentsClose CommentsPermalink





`(1) in subsection (a)--CommentsClose CommentsPermalink





`(A) by striking paragraph (1); andCommentsClose CommentsPermalink





`(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; andCommentsClose CommentsPermalink





`(2) by striking subsection (c).CommentsClose CommentsPermalink

`SEC. 3006. USE OF LOCAL CURRENCY PAYMENTS.

`Section 104(c) of the Food for Peace Act (7 U.S.C. 1704(c)) is amended--CommentsClose CommentsPermalink





`(1) in the matter preceding paragraph (1), by inserting `, through agreements with recipient governments, private voluntary organizations, and cooperatives,' after `developing country';CommentsClose CommentsPermalink





`(2) by striking paragraph (1);CommentsClose CommentsPermalink





`(3) in paragraph (2)--CommentsClose CommentsPermalink





`(A) in subparagraph (C), by striking `and' at the end;CommentsClose CommentsPermalink





`(B) in subparagraph (D), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





`(C) by adding at the end the following:CommentsClose CommentsPermalink





`(E) the improvement of the trade capacity of the recipient country.';CommentsClose CommentsPermalink





`(4) in paragraph (3), by striking `agricultural business development and agricultural trade expansion' and inserting `development of agricultural businesses and agricultural trade capacity';CommentsClose CommentsPermalink





`(5) in paragraph (4), by striking `, or otherwise' and all that follows through `United States';CommentsClose CommentsPermalink





`(6) in paragraph (5), by inserting `to promote agricultural products produced in appropriate developing countries' after `trade fairs'; andCommentsClose CommentsPermalink





`(7) by redesignating paragraphs (2) through (9) as paragraphs (1) through (8), respectively.CommentsClose CommentsPermalink

`SEC. 3007. GENERAL AUTHORITY.

`Section 201 of the Food for Peace Act (7 U.S.C. 1721) is amended--CommentsClose CommentsPermalink





`(1) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





`(1) address famine and food crises, and respond to emergency food needs, arising from man-made and natural disasters;';CommentsClose CommentsPermalink





`(2) in paragraph (5)--CommentsClose CommentsPermalink





`(A) by inserting `food security and support' after `promote'; andCommentsClose CommentsPermalink





`(B) by striking `; and' and inserting a semicolon;CommentsClose CommentsPermalink





`(3) in paragraph (6), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





`(4) by adding at the end the following:CommentsClose CommentsPermalink





`(7) promote economic and nutritional security by increasing educational, training, and other productive activities.'.CommentsClose CommentsPermalink

`SEC. 3008. PROVISION OF AGRICULTURAL COMMODITIES.

`Section 202 of the Food for Peace Act (7 U.S.C. 1722) is amended--CommentsClose CommentsPermalink





`(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';CommentsClose CommentsPermalink





`(2) in subsection (e)(1)--CommentsClose CommentsPermalink





`(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';CommentsClose CommentsPermalink





`(B) in subparagraph (A), by striking `; and' and inserting a semicolon;CommentsClose CommentsPermalink





`(C) in subparagraph (B), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





`(D) by adding at the end the following:CommentsClose CommentsPermalink





`(C) improving and implementing methodologies for food aid programs, including needs assessments (upon the request of the Administrator), monitoring, and evaluation.'; andCommentsClose CommentsPermalink





`(3) by striking subsection (h) and inserting the following:CommentsClose CommentsPermalink





`(h) Food Aid Quality-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall use funds made available for fiscal year 2009 and subsequent fiscal years to carry out this title--CommentsClose CommentsPermalink





`(A) to assess the types and quality of agricultural commodities and products donated for food aid;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(C) to test prototypes.CommentsClose CommentsPermalink





`(2) ADMINISTRATION- The Administrator--CommentsClose CommentsPermalink





`(A) shall carry out this subsection in consultation with and through independent entities with proven expertise in food aid commodity quality enhancements;CommentsClose CommentsPermalink





`(B) may enter into contracts to obtain the services of such entities; andCommentsClose CommentsPermalink





`(C) shall consult with the Food Aid Consultative Group on how to carry out this subsection.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

`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'.CommentsClose CommentsPermalink

`SEC. 3010. LEVELS OF ASSISTANCE.

`Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is amended--CommentsClose CommentsPermalink





`(1) in paragraph (1), by striking `2002 through 2007' and inserting `2008 through 2012'; andCommentsClose CommentsPermalink





`(2) in paragraph (2), by striking `2002 through 2007' and inserting `2008 through 2012'.CommentsClose CommentsPermalink

`SEC. 3011. FOOD AID CONSULTATIVE GROUP.

`Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended--CommentsClose CommentsPermalink





`(1) in subsection (b)--CommentsClose CommentsPermalink





`(A) in paragraph (5), by striking `and' at the end;CommentsClose CommentsPermalink





`(B) in paragraph (6), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





`(C) by inserting at the end the following:CommentsClose CommentsPermalink





`(7) representatives from the maritime transportation sector involved in transporting agricultural commodities overseas for programs under this Act.'; andCommentsClose CommentsPermalink





`(2) in subsection (f), by striking `2007' and inserting `2012'.CommentsClose CommentsPermalink

`SEC. 3012. ADMINISTRATION.

`Section 207 of the Food for Peace Act (7 U.S.C. 1726a) is amended--CommentsClose CommentsPermalink





`(1) in subsection (a)(3), by striking `and the conditions that must be met for the approval of such proposal';CommentsClose CommentsPermalink





`(2) in subsection (c), by striking paragraph (3);CommentsClose CommentsPermalink





`(3) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





`(4) by adding at the end the following:CommentsClose CommentsPermalink





`(f) Program Oversight, Monitoring, and Evaluation-CommentsClose CommentsPermalink





`(1) DUTIES OF ADMINISTRATOR- The Administrator, in consultation with the Secretary, shall establish systems and carry out activities--CommentsClose CommentsPermalink





`(A) to determine the need for assistance provided under this title; andCommentsClose CommentsPermalink





`(B) to improve, monitor, and evaluate the effectiveness and efficiency of the assistance provided under this title to maximize the impact of the assistance.CommentsClose CommentsPermalink





`(2) REQUIREMENTS OF SYSTEMS AND ACTIVITIES- The systems and activities described in paragraph (1) shall include--CommentsClose CommentsPermalink





`(A) program monitors in countries that receive assistance under this title;CommentsClose CommentsPermalink





`(B) country and regional food aid impact evaluations;CommentsClose CommentsPermalink





`(C) the identification and implementation of best practices for food aid programs;CommentsClose CommentsPermalink





`(D) the evaluation of monetization programs;CommentsClose CommentsPermalink





`(E) early warning assessments and systems to help prevent famines; andCommentsClose CommentsPermalink





`(F) upgraded information technology systems.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) a review of, and comments addressing, the report described in paragraph (3); andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) CONTRACT AUTHORITY-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(6) FUNDING-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) LIMITATIONS-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(g) Project Reporting-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(1) by striking `$3,000,000' and inserting `$8,000,000'; andCommentsClose CommentsPermalink





`(2) by striking `2007' and inserting `2012'.CommentsClose CommentsPermalink

`SEC. 3014. GENERAL AUTHORITIES AND REQUIREMENTS.

`(a) In General- Section 401 of the Food for Peace Act (7 U.S.C. 1731) is amended--CommentsClose CommentsPermalink





`(1) by striking subsection (a);CommentsClose CommentsPermalink





`(2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; andCommentsClose CommentsPermalink





`(3) in subsection (b) (as so redesignated), by striking `(b)(1)' and inserting `(a)(1)'.CommentsClose CommentsPermalink





`(b) Conforming Amendments-CommentsClose CommentsPermalink





`(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))'.CommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink

`SEC. 3015. DEFINITIONS.

`Section 402 of the Food for Peace Act (7 U.S.C. 1732) is amended--CommentsClose CommentsPermalink





`(1) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; andCommentsClose CommentsPermalink





`(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





`(3) APPROPRIATE COMMITTEE OF CONGRESS- The term `appropriate committee of Congress' means--CommentsClose CommentsPermalink





`(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate;CommentsClose CommentsPermalink





`(B) the Committee on Agriculture of the House of Representatives; andCommentsClose CommentsPermalink





`(C) the Committee on Foreign Affairs of the House of Representatives.'.CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink

`SEC. 3017. ADMINISTRATIVE PROVISIONS.

`Section 407(c) of the Food for Peace Act (7 U.S.C. 1736a(c)) is amended--CommentsClose CommentsPermalink





`(1) in paragraph (4)--CommentsClose CommentsPermalink





`(A) by striking `Funds made' and inserting the following:CommentsClose CommentsPermalink





`(A) IN GENERAL- Funds made';CommentsClose CommentsPermalink





`(B) in subparagraph (A) (as so designated)--CommentsClose CommentsPermalink





`(i) by striking `2007' and inserting `2012'; andCommentsClose CommentsPermalink





`(ii) by striking `$2,000,000' and inserting `$10,000,000'; andCommentsClose CommentsPermalink





`(C) by adding at the end the following:CommentsClose CommentsPermalink





`(B) ADDITIONAL PREPOSITIONING SITES-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





`(2) by adding at the end the following:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(f) Annual Reports-CommentsClose CommentsPermalink





`(1) ANNUAL REPORT REGARDING AGRICULTURAL TRADE PROGRAMS AND ACTIVITIES-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) CONTENTS- An annual report described in subparagraph (A) shall include, with respect to the prior fiscal year--CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(ii) a general description of each project and activity implemented under this Act (including each activity funded through the use of local currencies);CommentsClose CommentsPermalink





`(iii) a statement describing the quantity of agricultural commodities made available to each country pursuant to--CommentsClose CommentsPermalink





`(I) section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)); andCommentsClose CommentsPermalink





`(II) the Food for Progress Act of 1985 (7 U.S.C. 1736o);CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(v) a description of efforts undertaken by the Food Aid Consultative Group under section 205 to achieve an integrated and effective food assistance program;CommentsClose CommentsPermalink





`(vi) an assessment of--CommentsClose CommentsPermalink





`(I) each program oversight, monitoring, and evaluation system implemented under section 207(f); andCommentsClose CommentsPermalink





`(II) the impact of each program oversight, monitoring, and evaluation system on the effectiveness and efficiency of assistance provided under this title; andCommentsClose CommentsPermalink





`(vii) an assessment of the progress made by the Administrator in addressing issues relating to quality with respect to the provision of food assistance.CommentsClose CommentsPermalink





`(2) ANNUAL REPORT REGARDING THE PROVISION OF AGRICULTURAL COMMODITIES TO FOREIGN COUNTRIES-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) CONTENTS- An annual report described in subparagraph (A) shall include, with respect to the prior fiscal year--CommentsClose CommentsPermalink





`(i) a list that contains a description of each program, country, and commodity approved for assistance under section 207; andCommentsClose CommentsPermalink





`(ii) a statement that contains a description of the total amount of funds approved for transportation and administrative costs under section 207.'.CommentsClose CommentsPermalink





`(b) Conforming Amendment- Section 207(e) of the Food for Peace Act (7 U.S.C. 1726a(e)) is amended--CommentsClose CommentsPermalink





`(1) by striking `Timely Approval.' and all that follows through `The Administrator' and inserting `Timely Approval- The Administrator'; andCommentsClose CommentsPermalink





`(2) by striking paragraph (2).CommentsClose CommentsPermalink

`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'.CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(a) Authorization of Appropriations- There are authorized to be appropriated--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(2) such sums as are necessary--CommentsClose CommentsPermalink





`(A) to carry out the concessional credit sales program established under title I;CommentsClose CommentsPermalink





`(B) to carry out the grant program established under title III; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(e) Minimum Level of Nonemergency Food Assistance-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) the President has made a determination that there is an urgent need for additional emergency food assistance;CommentsClose CommentsPermalink





`(B) the funds and commodities held in the Bill Emerson Humanitarian Trust have been exhausted; andCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

`SEC. 3022. COORDINATION OF FOREIGN ASSISTANCE PROGRAMS.

`Section 413 of the Food for Peace Act (7 U.S.C. 1736g) is amended--CommentsClose CommentsPermalink





`(1) by striking `To the maximum' and inserting the following:CommentsClose CommentsPermalink





`(a) In General- To the maximum'; andCommentsClose CommentsPermalink





`(2) by adding at the end the following:CommentsClose CommentsPermalink





`(b) Report Regarding Efforts To Improve Procurement Planning-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(2) CONTENTS- A report required under paragraph (1) should include a description of each effort taken by the Administrator and the Secretary--CommentsClose CommentsPermalink





`(A) to improve the coordination of food purchases made by--CommentsClose CommentsPermalink





`(i) the United States Agency for International Development; andCommentsClose CommentsPermalink





`(ii) the Department of Agriculture;CommentsClose CommentsPermalink





`(B) to increase flexibility with respect to procurement schedules;CommentsClose CommentsPermalink





`(C) to increase the use of historical analyses and forecasting; andCommentsClose CommentsPermalink





`(D) to improve and streamline legal claims processes for resolving transportation disputes.'.CommentsClose CommentsPermalink

`SEC. 3023. MICRONUTRIENT FORTIFICATION PROGRAMS.

`Section 415 of the Food for Peace Act (7 U.S.C. 1736g-2) is amended--CommentsClose CommentsPermalink





`(1) in subsection (a)--CommentsClose CommentsPermalink





`(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'; andCommentsClose CommentsPermalink





`(B) in paragraph (2)--CommentsClose CommentsPermalink





`(i) in subparagraph (A), by adding `and' after the semicolon at the end; andCommentsClose CommentsPermalink





`(ii) by striking subparagraphs (B) and (C) and inserting the following:CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





`(2) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c), respectively; andCommentsClose CommentsPermalink





`(3) in subsection (c) (as redesignated by paragraph (2)), by striking `2007' and inserting `2012'.CommentsClose CommentsPermalink

`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)--CommentsClose CommentsPermalink





`(1) by striking `not less than' and inserting `not less than the greater of $10,000,000 or'; andCommentsClose CommentsPermalink





`(2) by striking `2002 through 2007' and inserting `2008 through 2012'.CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) $10,000,000 for sub-Saharan African and Caribbean Basin countries; andCommentsClose CommentsPermalink





`(B) $5,000,000 for other developing or middle-income countries or emerging markets not described in subparagraph (A).'.CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(1) in subsection (a)--CommentsClose CommentsPermalink





`(A) by striking `Guarantees- ' and all that follows through `The Commodity' in paragraph (1) and inserting `Guarantees- The Commodity'; andCommentsClose CommentsPermalink





`(B) by striking paragraphs (2) and (3);CommentsClose CommentsPermalink





`(2) by striking subsections (b) and (c);CommentsClose CommentsPermalink





`(3) by redesignating subsections (d) through (l) as subsections (b) through (j), respectively; andCommentsClose CommentsPermalink





`(4) by adding at the end the following:CommentsClose CommentsPermalink





`(k) Administration-CommentsClose CommentsPermalink





`(1) DEFINITION OF LONG TERM- In this subsection, the term `long term' means a period of 10 or more years.CommentsClose CommentsPermalink





`(2) GUARANTEES- In administering the export credit guarantees authorized under this section, the Secretary shall--CommentsClose CommentsPermalink





`(A) maximize the export sales of agricultural commodities;CommentsClose CommentsPermalink





`(B) maximize the export credit guarantees that are made available and used during the course of a fiscal year;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(D) adjust risk-based guarantees as necessary to ensure program effectiveness and United States competitiveness; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) $5,500,000,000 in credit guarantees; orCommentsClose CommentsPermalink





`(2) the sum of--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) the amount of credit guarantees that the Commodity Credit Corporation can make available using unobligated budget authority for prior fiscal years.'.CommentsClose CommentsPermalink





`(c) Conforming Amendments- Section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622) is amended--CommentsClose CommentsPermalink





`(1) in subsection (b)(4) (as redesignated by subsection (a)(3)), by striking `, consistent with the provisions of subsection (c)';CommentsClose CommentsPermalink





`(2) in subsection (d) (as redesignated by subsection (a)(3))--CommentsClose CommentsPermalink





`(A) by striking `(1)' and all that follows through `The Commodity' and inserting `The Commodity'; andCommentsClose CommentsPermalink





`(B) by striking paragraph (2); andCommentsClose CommentsPermalink





`(3) in subsection (g)(2) (as redesignated by subsection (a)(3)), by striking `subsections (a) and (b)' and inserting `subsection (a)'.CommentsClose CommentsPermalink

`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)))'.CommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink

`SEC. 3103. EXPORT ENHANCEMENT PROGRAM.

`(a) In General- Section 301 of the Agricultural Trade Act of 1978 (7 U.S.C. 5651) is repealed.CommentsClose CommentsPermalink





`(b) Conforming Amendments- The Agricultural Trade Act of 1978 is amended--CommentsClose CommentsPermalink





`(1) in title III, by striking the title heading and inserting the following:CommentsClose CommentsPermalink

`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;CommentsClose CommentsPermalink





`(3) in section 302 (as redesignated by paragraph (2)), by striking `, such as that established under section 301,';CommentsClose CommentsPermalink





`(4) in section 401 (7 U.S.C. 5661)--CommentsClose CommentsPermalink





`(A) in subsection (a), by striking `section 201, 202, or 301' and inserting `section 201 or 202'; andCommentsClose CommentsPermalink





`(B) in subsection (b), by striking `sections 201, 202, and 301' and inserting `sections 201 and 202'; andCommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink

`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'.CommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink

`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'.CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(6) PROJECT IN MALAWI-CommentsClose CommentsPermalink





`(A) IN GENERAL- In carrying out this section during fiscal year 2009, the President shall approve not less than 1 multiyear project for Malawi--CommentsClose CommentsPermalink





`(i) to promote sustainable agriculture; andCommentsClose CommentsPermalink





`(ii) to increase the number of women in leadership positions.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(1) in subsections (b), (c)(2)(B), (f)(1), (h), (i), and (l)(1), by striking `President' each place it appears and inserting `Secretary';CommentsClose CommentsPermalink





`(2) in subsection (d), by striking `The President shall designate 1 or more Federal agencies' and inserting `The Secretary shall';CommentsClose CommentsPermalink





`(3) in paragraph (f)(2), by striking `implementing agency' and inserting `Secretary'; andCommentsClose CommentsPermalink





`(4) in subsection (l)--CommentsClose CommentsPermalink





`(A) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





`(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.';CommentsClose CommentsPermalink





`(B) in paragraph (2), by striking `2004 through 2007' and inserting `2008 through 2012'; andCommentsClose CommentsPermalink





`(C) in paragraph (3), by striking `any Federal agency implementing or assisting' and inserting `the Department of Agriculture or any other Federal agency assisting'.CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(1) in subsection (a)--CommentsClose CommentsPermalink





`(A) by striking `establish a trust stock' and inserting `establish and maintain a trust'; andCommentsClose CommentsPermalink





`(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';CommentsClose CommentsPermalink





`(2) in subsection (b)--CommentsClose CommentsPermalink





`(A) in paragraph (1), by striking subparagraph (D) and inserting the following:CommentsClose CommentsPermalink





`(D) funds made available--CommentsClose CommentsPermalink





`(i) under paragraph (2)(B);CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(iii) to maximize the value of the trust, in accordance with subsection (d)(3).'; andCommentsClose CommentsPermalink





`(B) in paragraph (2)(B)--CommentsClose CommentsPermalink





`(i) in clause (i)--CommentsClose CommentsPermalink





`(I) by striking `2007' each place it appears and inserting `2012';CommentsClose CommentsPermalink





`(II) by striking `(c)(2)' and inserting `(c)(1)'; andCommentsClose CommentsPermalink





`(III) by striking `and' at the end;CommentsClose CommentsPermalink





`(ii) in clause (ii), by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink





`(iii) by adding at the end the following:CommentsClose CommentsPermalink





`(iii) from funds accrued through the management of the trust under subsection (d).';CommentsClose CommentsPermalink





`(3) in subsection (c)--CommentsClose CommentsPermalink





`(A) by striking paragraphs (1) and (2) and inserting the following:CommentsClose CommentsPermalink





`(1) RELEASES FOR EMERGENCY ASSISTANCE-CommentsClose CommentsPermalink





`(A) DEFINITION OF EMERGENCY-CommentsClose CommentsPermalink





`(i) IN GENERAL- In this paragraph, the term `emergency' means an urgent situation--CommentsClose CommentsPermalink





`(I) in which there is clear evidence that an event or series of events described in clause (ii) has occurred--CommentsClose CommentsPermalink

`(aa) that causes human suffering; andCommentsClose CommentsPermalink

`(bb) for which a government concerned has not chosen, or has not the means, to remedy; orCommentsClose CommentsPermalink

`(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.CommentsClose CommentsPermalink





`(ii) EVENT OR SERIES OF EVENTS- An event or series of events referred to in clause (i) includes 1 or more of--CommentsClose CommentsPermalink





`(I) a sudden calamity, such as an earthquake, flood, locust infestation, or similar unforeseen disaster;CommentsClose CommentsPermalink





`(II) a human-made emergency resulting in--CommentsClose CommentsPermalink

`(aa) a significant influx of refugees;CommentsClose CommentsPermalink

`(bb) the internal displacement of populations; orCommentsClose CommentsPermalink

`(cc) the suffering of otherwise affected populations;CommentsClose CommentsPermalink

`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) RELEASES-CommentsClose CommentsPermalink





`(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.)--CommentsClose CommentsPermalink





`(I) to assist in averting an emergency, including during the period immediately preceding the emergency;CommentsClose CommentsPermalink





`(II) to respond to an emergency; orCommentsClose CommentsPermalink





`(III) for recovery and rehabilitation after an emergency.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).'; andCommentsClose CommentsPermalink





`(B) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively;CommentsClose CommentsPermalink





`(4) in subsection (d)--CommentsClose CommentsPermalink





`(A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately;CommentsClose CommentsPermalink





`(B) by striking the subsection designation and heading and all that follows through `provide--' and inserting the following:CommentsClose CommentsPermalink





`(d) Management of Trust-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) ELIGIBLE COMMODITIES- The Secretary shall provide--';CommentsClose CommentsPermalink





`(C) in paragraph (2) (as redesignated by subparagraph (B))--CommentsClose CommentsPermalink





`(i) in subparagraph (B) (as redesignated by subparagraph (A)), by striking `and' at the end; andCommentsClose CommentsPermalink





`(ii) in subparagraph (C) (as redesignated by subparagraph (A)), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





`(D) by adding at the end the following:CommentsClose CommentsPermalink





`(3) FUNDS-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





`(5) in subsection (h), in each of paragraphs (1) and (2), by striking `2007' each place it appears and inserting `2012'.CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(1) the maintenance and storage of seed collections;CommentsClose CommentsPermalink





`(2) the documentation and cataloguing of the genetics and characteristics of conserved seeds to ensure efficient reference for researchers, plant breeders, and the public;CommentsClose CommentsPermalink





`(3) building the capacity of seed collection in developing countries;CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(6) oversight designed to ensure international coordination of those actions and efficient, public accessibility to that diversity through a cost-effective system.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) significant sanitary or phytosanitary issue; orCommentsClose CommentsPermalink





`(2) trade barrier.CommentsClose CommentsPermalink





`(e) Funding-CommentsClose CommentsPermalink





`(1) COMMODITY CREDIT CORPORATION- The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.CommentsClose CommentsPermalink





`(2) FUNDING AMOUNTS- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section--CommentsClose CommentsPermalink





`(A) $4,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(B) $7,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





`(C) $8,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





`(D) $9,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink





`(E) $9,000,000 for fiscal year 2012.'.CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(1) in subsection (a), by striking `2007' and inserting `2012';CommentsClose CommentsPermalink





`(2) in subsection (b)--CommentsClose CommentsPermalink





`(A) in the first sentence, by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;CommentsClose CommentsPermalink





`(B) by striking `A portion' and inserting the following:CommentsClose CommentsPermalink





`(1) IN GENERAL- A portion';CommentsClose CommentsPermalink





`(C) in the second sentence, by striking `The Commodity Credit Corporation' and inserting the following:CommentsClose CommentsPermalink





`(2) PRIORITY- The Commodity Credit Corporation'; andCommentsClose CommentsPermalink





`(D) by adding at the end the following:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) goods from the United States are not available; orCommentsClose CommentsPermalink





`(B) the use of goods from the United States is not practicable.CommentsClose CommentsPermalink





`(4) TERM OF GUARANTEE- A facility payment guarantee under this subsection shall be for a term that is not more than the lesser of--CommentsClose CommentsPermalink





`(A) the term of the depreciation schedule of the facility assisted; orCommentsClose CommentsPermalink





`(B) 20 years.'; andCommentsClose CommentsPermalink





`(3) in subsection (d)(1)(A)(i) by striking `2007' and inserting `2012'.CommentsClose CommentsPermalink

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

`(a) Definitions- In this section:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(3) FORCED LABOR- The term `forced labor' means all work or service--CommentsClose CommentsPermalink





`(A) that is exacted from any individual under menace of any penalty for nonperformance of the work or service, and for which--CommentsClose CommentsPermalink





`(i) the work or service is not offered voluntarily; orCommentsClose CommentsPermalink





`(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)); andCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(c) Duties-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) GUIDELINES-CommentsClose CommentsPermalink





`(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.).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) Membership- The Consultative Group shall be composed of not more than 13 individuals, of whom--CommentsClose CommentsPermalink





`(1) 2 members shall represent the Department of Agriculture, as determined by the Secretary;CommentsClose CommentsPermalink





`(2) 1 member shall be the Deputy Under Secretary for International Affairs of the Department of Labor;CommentsClose CommentsPermalink





`(3) 1 member shall represent the Department of State, as determined by the Secretary of State;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(g) Nonapplicability of FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Consultative Group.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(i) Termination of Authority- The Consultative Group shall terminate on December 31, 2012.CommentsClose CommentsPermalink

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

`(a) Definitions- In this section:CommentsClose CommentsPermalink





`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Agency for International Development.CommentsClose CommentsPermalink





`(2) APPROPRIATE COMMITTEE OF CONGRESS- The term `appropriate committee of Congress' means--CommentsClose CommentsPermalink





`(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate;CommentsClose CommentsPermalink





`(B) the Committee on Agriculture of the House of Representatives; andCommentsClose CommentsPermalink





`(C) the Committee on Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink





`(3) ELIGIBLE COMMODITY- The term `eligible commodity' means an agricultural commodity (or the product of an agricultural commodity) that--CommentsClose CommentsPermalink





`(A) is produced in, and procured from, a developing country; andCommentsClose CommentsPermalink





`(B) at a minimum, meets each nutritional, quality, and labeling standard of the country that receives the agricultural commodity, as determined by the Secretary.CommentsClose CommentsPermalink





`(4) ELIGIBLE ORGANIZATION- The term `eligible organization' means an organization that is--CommentsClose CommentsPermalink





`(A) described in section 202(d) of the Food for Peace Act (7 U.S.C. 1722(d)); andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(b) Study; Field-Based Projects-CommentsClose CommentsPermalink





`(1) STUDY-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) other donor countries;CommentsClose CommentsPermalink





`(ii) private voluntary organizations; andCommentsClose CommentsPermalink





`(iii) the World Food Program of the United Nations.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(2) FIELD-BASED PROJECTS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(c) Procurement-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) REQUIREMENTS-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) the recipient country of the eligible commodity; orCommentsClose CommentsPermalink





`(ii) any country in the region in which the eligible commodity may be procured.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) the resale or transshipment of any eligible commodity procured under this section to any country other than the recipient country; andCommentsClose CommentsPermalink





`(ii) the use of the eligible commodity for any purpose other than food aid.CommentsClose CommentsPermalink





`(C) WORLD PRICES-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) world prices for agricultural commodities; orCommentsClose CommentsPermalink





`(II) normal patterns of commercial trade with foreign countries.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) Regulations; Guidelines-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) REQUIREMENTS-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(e) Field-Based Project Grants or Cooperative Agreements-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall award grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects.CommentsClose CommentsPermalink





`(2) REQUIREMENTS OF ELIGIBLE ORGANIZATIONS-CommentsClose CommentsPermalink





`(A) APPLICATION-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(ii) to provide to the Secretary the data collected under clause (i).CommentsClose CommentsPermalink





`(3) REQUIREMENTS OF SECRETARY-CommentsClose CommentsPermalink





`(A) PROJECT DIVERSITY-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) food surplus regions;CommentsClose CommentsPermalink





`(II) food deficit regions (that are carried out using regional procurement methods); andCommentsClose CommentsPermalink





`(III) multiple geographical regions.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(I) are located in Africa; andCommentsClose CommentsPermalink





`(II) procure eligible commodities that are produced in Africa.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(f) Independent Evaluations; Report-CommentsClose CommentsPermalink





`(1) INDEPENDENT EVALUATIONS-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(i) addresses each factor described in subparagraph (B); andCommentsClose CommentsPermalink





`(ii) is conducted in accordance with this section.CommentsClose CommentsPermalink





`(B) REQUIRED FACTORS- The Secretary shall require the independent third party to develop--CommentsClose CommentsPermalink





`(i) with respect to each relevant market in which an eligible commodity was procured under this section, a description of--CommentsClose CommentsPermalink





`(I) the prevailing and historic supply, demand, and price movements of the market (including the extent of competition for procurement bids);CommentsClose CommentsPermalink





`(II) the impact of the procurement of the eligible commodity on producer and consumer prices in the market;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(IV) the quantities and types of eligible commodities procured in the market;CommentsClose CommentsPermalink





`(V) the time frame for procurement of each eligible commodity; andCommentsClose CommentsPermalink





`(VI) the total cost of the procurement of each eligible commodity (including storage, handling, transportation, and administrative costs);CommentsClose CommentsPermalink





`(ii) an assessment regarding--CommentsClose CommentsPermalink





`(I) whether the requirements of this section have been met;CommentsClose CommentsPermalink





`(II) the impact of different methodologies and approaches on--CommentsClose CommentsPermalink

`(aa) local and regional agricultural producers (including large and small agricultural producers);CommentsClose CommentsPermalink

`(bb) markets;CommentsClose CommentsPermalink

`(cc) low-income consumers; andCommentsClose CommentsPermalink

`(dd) program recipients; andCommentsClose CommentsPermalink

`(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;CommentsClose CommentsPermalink





`(iii) a comparison of different methodologies used to carry out this section, with respect to--CommentsClose CommentsPermalink





`(I) the benefits to local agriculture;CommentsClose CommentsPermalink





`(II) the impact on markets and consumers;CommentsClose CommentsPermalink





`(III) the period of time required for procurement and delivery;CommentsClose CommentsPermalink





`(IV) quality and safety assurances; andCommentsClose CommentsPermalink





`(V) implementation costs; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(g) Funding-CommentsClose CommentsPermalink





`(1) COMMODITY CREDIT CORPORATION- The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section.CommentsClose CommentsPermalink





`(2) FUNDING AMOUNTS- Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section--CommentsClose CommentsPermalink





`(A) $5,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





`(B) $25,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





`(C) $25,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink





`(D) $5,000,000 for fiscal year 2012.CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink

`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'.CommentsClose CommentsPermalink





`(b) Table of Contents- The table of contents for this title is as follows:CommentsClose CommentsPermalink

`TITLE VIII--SOFTWOOD LUMBER

`Sec. 801. Short title; table of contents.CommentsClose CommentsPermalink





`Sec. 802. Definitions.CommentsClose CommentsPermalink





`Sec. 803. Establishment of softwood lumber importer declaration program.CommentsClose CommentsPermalink





`Sec. 804. Scope of softwood lumber importer declaration program.CommentsClose CommentsPermalink





`Sec. 805. Export charge determination and publication.CommentsClose CommentsPermalink





`Sec. 806. Reconciliation.CommentsClose CommentsPermalink





`Sec. 807. Verification.CommentsClose CommentsPermalink





`Sec. 808. Penalties.CommentsClose CommentsPermalink





`Sec. 809. Reports.CommentsClose CommentsPermalink

`SEC. 802. DEFINITIONS.

`In this title:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(5) EXPORT PRICE-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `export price' means one of the following:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(aa) does not hold tenure rights provided by the country of export;CommentsClose CommentsPermalink





`(bb) did not acquire standing timber directly from the country of export; andCommentsClose CommentsPermalink





`(cc) is not related to the person who holds tenure rights or acquired standing timber directly from the country of export.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(aa) holds tenure rights provided by the country of export;CommentsClose CommentsPermalink





`(bb) acquired standing timber directly from the country of export; orCommentsClose CommentsPermalink





`(cc) is related to a person who holds tenure rights or acquired standing timber directly from the country of export.CommentsClose CommentsPermalink





`(B) RELATED PERSONS- For purposes of this paragraph, a person is related to another person if--CommentsClose CommentsPermalink





`(i) the person bears a relationship to such other person described in section 152(a) of the Internal Revenue Code of 1986;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(iv) the person is an officer or director of such other person; orCommentsClose CommentsPermalink





`(v) the person is the employer of such other person.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(D) EXPORT PRICE WHERE F.O.B. VALUE CANNOT BE DETERMINED-CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(9) UNITED STATES- The term `United States' means the customs territory of the United States, as defined in General Note 2 of the HTS.CommentsClose CommentsPermalink

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

`(a) Establishment of Program-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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):CommentsClose CommentsPermalink





`(1) The export price for each shipment of softwood lumber or softwood lumber products.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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); andCommentsClose CommentsPermalink





`(2) to the best of the person's knowledge and belief--CommentsClose CommentsPermalink





`(A) the export price provided pursuant to subsection (b)(1) is determined in accordance with the definition provided in section 802(5);CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(C) the exporter has paid, or committed to pay, all export charges due--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(ii) consistent with the export charge determinations published by the Under Secretary for International Trade pursuant to section 805(b).CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(A) Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded, or finger-jointed, of a thickness exceeding 6 millimeters.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(E) Coniferous drilled and notched lumber and angle cut lumber.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(b) Products Excluded From Program- The following products shall be excluded from the importer declaration program established under section 803:CommentsClose CommentsPermalink





`(1) Trusses and truss kits, properly classified under subheading 4418.90 of the HTS.CommentsClose CommentsPermalink





`(2) I-joist beams.CommentsClose CommentsPermalink





`(3) Assembled box-spring frames.CommentsClose CommentsPermalink





`(4) Pallets and pallet kits, properly classified under subheading 4415.20 of HTS.CommentsClose CommentsPermalink





`(5) Garage doors.CommentsClose CommentsPermalink





`(6) Edge-glued wood, properly classified under subheading 4421.90.97.40 of the HTS.CommentsClose CommentsPermalink





`(7) Complete door frames.CommentsClose CommentsPermalink





`(8) Complete window frames.CommentsClose CommentsPermalink





`(9) Furniture.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(11) Household and personal effects.CommentsClose CommentsPermalink





`(c) Exceptions for Certain Products- The following softwood lumber products shall not be subject to the importer declaration program established under section 803:CommentsClose CommentsPermalink





`(1) STRINGERS- Stringers (pallet components used for runners), if the stringers--CommentsClose CommentsPermalink





`(A) have at least 2 notches on the side, positioned at equal distance from the center, to properly accommodate forklift blades; andCommentsClose CommentsPermalink





`(B) are properly classified under subheading 4421.90.97.40 of the HTS.CommentsClose CommentsPermalink





`(2) BOX-SPRING FRAME KITS-CommentsClose CommentsPermalink





`(A) IN GENERAL- Box-spring frame kits, if--CommentsClose CommentsPermalink





`(i) the kits contain--CommentsClose CommentsPermalink





`(I) 2 wooden side rails;CommentsClose CommentsPermalink





`(II) 2 wooden end (or top) rails; andCommentsClose CommentsPermalink





`(III) varying numbers of wooden slats; andCommentsClose CommentsPermalink





`(ii) the side rails and the end rails are radius-cut at both ends.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) the processing occurring in another country is limited to kiln drying, planing to create smooth-to-size board, and sanding; andCommentsClose CommentsPermalink





`(B) the importer establishes to the satisfaction of U.S. Customs and Border Protection upon entry that the lumber originated in the United States.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(7) HOME PACKAGES OR KITS-CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(ii) The package or kit contains--CommentsClose CommentsPermalink





`(I) all necessary internal and external doors and windows, nails, screws, glue, subfloor, sheathing, beams, posts, and connectors; andCommentsClose CommentsPermalink





`(II) if included in the purchase contract, the decking, trim, drywall, and roof shingles specified in the plan, design, or blueprint.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(i) A copy of the appropriate home design, plan, or blueprint matching the customs entry in the United States.CommentsClose CommentsPermalink





`(ii) A purchase contract from a retailer of home kits or packages signed by a customer not affiliated with the importer.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink