article: SECTION 1. MONITORING OF DOMESTIC USES MADE OF CERTAIN FOREIGN COMMODITIES AFTER IMPORTATION. (a) Definitions.--For purposes of this section: (1) Entry.--The term ``entry'' means the entry into, or the withdrawal from warehouse for consumption in, the customs territory of the United States. (2) Foreign commodity.--The term ``foreign commodity'' means any of the following, if a product of any foreign country or instrumentality: (A) Wheat provided for in heading 1001 of the Harmonized Tariff Schedule of the United States. (B) Soybeans provided for in heading 1201.00.00 of such Schedule. (C) Barley provided for in heading 1003.00 of such Schedule. (D) Oats provided for in heading 1004.00.00 of such Schedule. (E) Corn provided for in heading 1005 of such Schedule. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Certification Requirements Regarding Foreign Commodities.-- (1) End-use certificate.--An end-use certificate that meets the requirements of subsection (c) shall be included in the documentation covering the entry of any foreign commodity. (2) Quarterly reports.--A consignee of any imported foreign commodity shall submit to the Secretary a quarterly report that certifies-- (A) what quantity of the foreign commodity covered by an end-use certificate was used by the consignee during the quarter; and (B) that the commodity referred to in paragraph (1) was used by the consignee for the purpose stated in the end-use certificate. (c) End-Use Certificate and Quarterly Report Content.--The end-use certificates and quarterly reports required under subsection (b) shall be in such form, and require such information, as the Secretary considers necessary or appropriate to carry out the purposes of this section, including-- (1) in the case of the end-use certificate-- (A) the name and address of the importer of record of the foreign commodity; (B) the name and address of the consignee of the commodity; (C) the identification of the country of origin of the commodity; (D) a description by class and quantity of the commodity covered by the certificate; (E) the sales price of the commodity in the country of origin, if the Secretary considers such datum necessary to facilitate the enforcement of the trade laws and international agreements of the United States; (F) specification of the purpose for which the consignee will use the commodity; and (G) the identification of the transporter of the commodity from the port of entry to the processing facility of the consignee; and (2) in the case of the quarterly report-- (A) the information referred to in subparagraphs (A) and (B) of paragraph (1); (B) the identification of the end-use certificates currently held by the consignee; (C) a statement of the quantity of the foreign commodity covered by each of the end-use certificates identified under subparagraph (B) that was used during the quarter; and (D) a statement of the use made during the quarter by the consignee of each quantity referred to in subparagraph (C). (d) Regulations.--The Secretary shall prescribe such requirements regarding the preparation and submission of the quarterly reports required under subsection (b)(2) as may be necessary or appropriate to carry out the purposes of this section. (e) Penalties.-- (1) Customs penalties.--End-use certificates required under this section shall be treated as any other customs documentation for purposes of applying the customs laws that prohibit the entry, or the attempt to enter, merchandise by fraud, gross negligence, or negligence. (2) Civil penalties.--Any person who knowingly violates any requirement prescribed by the Secretary to carry out this section is punishable by a civil penalty in an amount not to exceed $10,000. (f) Entry Prohibited Unless End-Use Certificate Presented.--The Commissioner of Customs may not permit the entry of any foreign commodity unless the importer of record presents at the time of entry of the commodity an end-use certificate that complies with the applicable requirements of subsection (c). SEC. 2. SUSPENSION OR DEBARMENT FOR USE OF FOREIGN AGRICULTURAL COMMODITIES IN CERTAIN AGRICULTURAL TRADE PROGRAMS. (a) Opportunity for Hearing.--The Commodity Credit Corporation shall provide a person with an opportunity for a hearing before suspending or debarring the person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the terms and conditions of the program. (b) Waiver.-- (1) In general.--The Commodity Credit Corporation may waive the suspension or debarment of a person from participation in an agricultural trade program for using a foreign agricultural commodity in violation of the terms and conditions of the program if the person demonstrates, to the satisfaction of the Corporation, that-- (A) the use of the commodity was unintentional; and (B) the quantity of the foreign agricultural commodity used was less than 1 percent of the total quantity of the commodity involved in the transaction. (2) Other penalties.--Any waiver by the Commodity Credit Corporation of a suspension or debarment of a person under paragraph (1) shall not affect the liability of the person for any other penalty imposed under an agricultural trade program for the quantity of the foreign agricultural commodity involved.
summary: Requires a consignee of imported foreign grain to: (1) include an end-use certificate in the documentation covering the entry of such grain; and (2) submit to the Secretary of Agriculture certain quarterly reports regarding its use. Sets forth civil penalties for violation of this Act. Prohibits the Commissioner of Customs from permitting the entry of such grain unless the importer of record presents such certificate at the time of entry. Requires the Commodity Credit Corporation to provide persons with an opportunity for a hearing before suspending or debarring them from participation in an agricultural trade program for using such grain in violation of it.