[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5863 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5863
To strengthen enforcement actions against unlawfully sourced palm oil
and deforestation in developing countries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 4, 2021
Mr. Garamendi introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committees on Energy
and Commerce, Foreign Affairs, Financial Services, and Natural
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To strengthen enforcement actions against unlawfully sourced palm oil
and deforestation in developing countries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Palm Oil Deforestation Act''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Certifying standard.--The term ``certifying standard''
means any accreditation for lawfully, ethically, and
sustainably sourced palm oil offered by a nongovernmental
organization.
(2) Palm oil product.--The term ``palm oil product''
means--
(A) any product containing ingredients, including
palmolein and monocarboxylic fatty acids, derived from
the plants African oil palm (Elaeis guineensis),
American oil palm (Elaeis oleifera), babassu palm
(Attalea speciosa), macauba palm (Acrocomia aculeata),
maripa palm (Attalea maripa), or hybridized species
derived therefrom;
(B) those food products derived from imported palm
oil or any combination or portion thereof; or
(C) any other product prepared, in whole or in part
from, or processed with, imported palm oil as the
Secretary may specify.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Taking.--The term ``taking'' has the meaning given the
term in section 2 of the Lacey Act Amendments of 1981 (16
U.S.C. 3371).
(b) Palm Oil Not Considered Common Cultivar or Common Food Crop.--
The exclusions specified in section 2(f)(2)(A) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3371(f)(2)(A)) with respect to common
cultivars and common food crops shall not apply with respect to palm
oil.
SEC. 3. SUSTAINABILITY CERTIFICATIONS FOR PALM OIL DEEMED SUFFICIENT AS
IMPORT DECLARATIONS AND DUE DILIGENCE.
(a) In General.--In the case of a palm oil product that meets the
sustainability certification standards published under this section and
for which documentation of meeting such standards is presented at the
port of entry into the United States--
(1) such product shall not require an import declaration
under section 3(f) of the Lacey Act Amendments of 1981 (16
U.S.C. 3372(f)); and
(2) such documentation shall be considered sufficient to
demonstrate due care in the taking of such palm oil product
under section 4(a) of the Lacey Act Amendments of 1981 (16
U.S.C. 3373(a)).
(b) Certification Standards.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall publish on an
internet website of the Department of Agriculture for public
comment a preliminary list of nongovernmental certifying
standards for sustainable palm oil.
(2) Considerations.--In publishing the list under paragraph
(1), the Secretary shall--
(A) when considering whether to include a
certifying standard on such list, prioritize certifying
standards that promote--
(i) palm oil cultivation practices with
decreased net greenhouse gas emissions;
(ii) human rights of palm oil agricultural
workers;
(iii) human rights of the communities
neighboring palm oil plantations; and
(iv) preventing deforestation or peatlands
degradation; and
(B) consider including in such list the certifying
standard sponsored by the Roundtable for Sustainable
Palm Oil.
(3) Excluded standards.--The Secretary may not include in
the list under paragraph (1) any standard issued by a foreign
government.
(4) Finalization.--Not later than 90 days after the date on
which the preliminary list of nongovernmental certifying
standards for sustainable palm oil under paragraph (1) is
published, finalize the preliminary list.
(5) Updates.--The Secretary shall--
(A) review and update, as appropriate, the
finalized list under paragraph (4) at least once every
5 years; and
(B) allow for public notice and a period for public
comment with respect to any such updates.
(c) Temporary Certifications.--In the case of palm oil products for
which documentation of meeting the sustainability certification
standards referred to in subsection (a) cannot be provided, the
Secretary may grant the importers of such products temporary
certifications that may be presented at the port of entry into the
United States in lieu of such documentation for a period not to exceed
one year, subject to renewal (of such duration as the Secretary may
specify), if the Secretary publishes on a public internet site of the
Department of Agriculture, and updates as necessary, a list of all such
temporary certifications, including with respect to each such temporary
certification--
(1) a written statement outlining the reason for granting
the temporary certification;
(2) the date on which the temporary certification expires;
(3) the terms by which the temporary certification may be
renewed, if applicable; and
(4) any supporting documents or information considered by
the Secretary in deciding to grant such temporary
certification.
SEC. 4. LABELING OF IMPORTED PALM OIL PRODUCTS.
(a) Food Labeling.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z) If it is a food that contains ingredients derived from
imported palm oil, unless its labeling lists such ingredients by the
common or usual name of the ingredient, including listing
(parenthetically or otherwise) of all components of such ingredient.''.
(b) Country of Origin Labeling.--
(1) Use in food.--Section 281(1)(A) of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638(1))(A) is amended--
(A) in clause (x), by striking ``and'' at the end;
(B) in clause (xi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(xii) palm oil.''.
(2) Other uses.--Each head of a Federal agency which
regulates products containing palm oil shall issue
regulations--
(A) specifying that a person may not sell, or offer
for sale in interstate commerce, imported palm oil
products, or another product containing imported palm
oil products, unless the packaging and labeling of such
products that are not, by operation of the amendments
made by paragraph (1), subject to section 282 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638a),
specify the country of origin of such products; and
(B) providing for an exemption from the requirement
specified pursuant to subparagraph (A) with respect to
products containing imported palm oil products if the
amount of imported palm oil in such product is de
minimis (as determined by the head of the Federal
agency involved).
SEC. 5. UNITED STATES POLICY WITH RESPECT TO PALM OIL CULTIVATION
ABROAD.
(a) Moratorium.--No Federal funds may be obligated, expended, or
otherwise made available for the cultivation or processing of palm oil
abroad, unless the Secretary of State certifies that--
(1) the program, project, or activity for which such funds
are made available will not--
(A) contribute to significant loss of native
species;
(B) disrupt or contaminate natural water sources;
(C) reduce local food security;
(D) cause the forced displacement of local people;
(E) contribute to deforestation;
(F) increase greenhouse gas emissions
substantially;
(G) contribute to human trafficking, forced labor,
or child labor;
(H) enable wildlife trafficking; or
(I) further bureaucratic corruption; and
(2) the cultivation or processing is carried out in
accordance with the sustainability certification standards
specified pursuant to section 3.
(b) Congressional Instructions to the Executive.--The President
should instruct the Secretary of the Treasury, acting as the Chairman
of the National Advisory Council on International Monetary and
Financial Policies, and the United States Executive Director at each
international financial institution (as defined in section 1701(c)(2)
of the International Financial Institutions Act) to use the voice and
vote of the United States to oppose new proposals for palm oil
development loans, unless the development of palm oil is to be carried
out in accordance with the sustainability certification standards
specified pursuant to section 3.
(c) Consultation.--The Secretary of Agriculture shall consult and
collaborate with the Secretary of State and the Administrator of the
Agency for International Development in carrying out activities under
this Act relating to palm oil cultivation and development in other
countries.
SEC. 6. INELIGIBILITY FOR RENEWABLE FUEL STANDARD.
Except as provided by the Administrator of the Environmental
Protection Agency, imported palm oil products shall not be treated as
renewable fuel for purposes of the renewable fuel program under section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
SEC. 7. EFFECT ON OTHER LAW.
Nothing in this Act modifies, limits, or otherwise affects the
application of, or obligation to comply with any other Federal law,
including the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).
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