[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5863 Introduced in House (IH)]

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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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