,,ii #aahth ,,congress #ast ,session ,s4 #ccga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #cj1 #bjbc,mr4 ,schatz 7for himself and ,mr4 ,braun7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to combat illegal deforestation by prohibiting the importation of products made wholly or in part of certain commodities produced on land undergoing illegal deforestation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fostering ,overseas ,rule of law and ,environmentally ,sound ,trade ,act of #bjbc or the ,,forest ,act of #bjbc4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,according to the ,food and ,agriculture ,organization of the ,united ,nations1 #ca percent of land on earth is covered in forests1 but that area is rapidly decreasing4 ,an estimated #a1fjj1jjj square miles of forest has been converted to other land uses since #aiij1 with #db1ejj square miles converted annually since #bjaj4 ,since the early #bjjjs1 #b_/c of global forest cover loss has occurred in the tropics and subtropics4 7#b7 ,at least #fi percent of tropical forest conversion into commercial agriculture uses between #bjac and #bjai was carried out in contravention of the laws of the country in which the conversion occurred4 7#c7 ,such illegal forest conversion results in the emission of more than #b4g gigatons of carbon dioxide equivalent per year1 more than the entire annual fossil fuel emissions of ,india in #bjah4 7#d7 ,the global increase of average temperatures can be mitigated by natural climate solutions like rapid and significant reductions in deforestation globally4 ,cost-effective greenhouse gas emission mitigation from forests and land use can provide roughly #a_/c of the mitigation required by #bjcj to hold the increase in the global average temperature below #b degrees ,celsius above pre-industrial levels4 7#e7 ,forests contain most of the world's terrestrial biodiversity1 providing habitats for #hj percent of amphibian species1 #ge percent of bird species1 #fh percent of mammal species1 and #fj1jjj different species of trees4 7#f7 ,forests are also an important source of livelihoods1 food1 and fuel1 with more than #a1fjj1jjj1jjj people depending directly on forests for their livelihoods4 7#g7 ,the ,intergovernmental ,science-,policy ,platform on ,biodiversity and ,ecosystem ,services found in #bjai that the rate of global species extinction is accelerating and is now tens to hundreds of times higher than the average rate over the last #aj1jjj1jjj years1 threatening the loss of #a1jjj1jjj species1 and illegal land-use change has an overwhelming relative impact on terrestrial ecosystems4 7#h7 ,illegal deforestation in many countries is closely associated with violations of the rights of indigenous peoples and local communities and with the exploitation of workers1 including through the use of forced labor and child labor1 and in many cases is enabled by corruption1 criminality1 and violence against individuals defending their land rights4 7#i7 ,congress has taken a number of steps to address the trade in illegal timber to protect legitimate forestry businesses and reduce illegal logging globally1 such as1 in section #hbjd of the ,food1 ,conservation1 and ,energy ,act of #bjjh 7,public ,law #aaj-bdf2 #abb ,stat4 #bjeb71 amending the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga et seq47 to prohibit the importation of illegal plant products1 including such products made from illegally logged wood4 7#aj7 ,as with illegal timber1 agricultural commodities produced on illegally deforested land enter international markets1 including the ,united ,states1 and compete with commodities produced legally4 7#aa7 ,the ,united ,states is a significant market for products made wholly or in part of commodities such as palm oil1 cattle1 cocoa1 and rubber at risk of being produced on illegally deforested land4 ,for example1 in #bjbb1 the ,united ,states imported-- 7,a7 processed cowhides and beef products valued at more than #a1ajj1jjj1jjj from ,brazil1 where a recent study estimated #ie percent of deforestation was not in full compliance with applicable laws2 and 7,b7 crude palm oil and palm kernel oil valued at more than #b1fjj1jjj1jjj and oleochemicals commonly derived from palm oils valued at more than #ijj1jjj1jjj1 from ,indonesia1 where government audits of the sector in recent years have indicated widespread noncompliance with applicable laws regarding deforestation4 7#ab7 ,the lack of traceability in the supply chains for such commodities and the absence of importer due diligence requirements increases the risk that ,united ,states trade is associated with illegal deforestation and human rights abuses1 preventing ,united ,states consumers from knowing where or how the goods they purchase were produced and putting companies that ensure legal sourcing at a competitive disadvantage4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states must do more to address illegal deforestation1 including-- 7#a7 avoiding trade that incentivizes foreign governments to allow illegal deforestation2 7#b7 assisting foreign governments in eliminating illegal deforestation and limiting all deforestation to the extent practicable2 7#c7 requiring that goods entering the ,united ,states market be subject to requirements1 including the necessary supply chain traceability1 to reduce the risk of association with illegal deforestation2 7#d7 preventing the ,united ,states financial system from being used to launder proceeds from illegal deforestation2 and 7#e7 providing procurement preference incentives to suppliers of the ,federal ,government to adopt and implement policies to eliminate goods produced on deforested land from their supply chains4 #c4 ,prohibition on importation of commodities produced on illegally deforested land and products made from such commodities 7a7 ,in general ,the ,tariff ,act of #aicj is amended by inserting after section #ebg 7#ai ,u4,s4,c4 #aebg7 the following3 #ebg;,a4 ,prohibition on importation of products made wholly or in part of commodities produced on illegally deforested land 7a7 ,in general ,it shall be unlawful for any person to import any product made wholly or in part of a covered commodity produced on land that undergoes illegal deforestation on or after the date of the enactment of the ,,forest ,act of #bjbc4 7b7 ,import declarations 7#a7 ,in general ,on and after the date that is one year after the date of the enactment of the ,,forest ,act of #bjbc1 and subject to paragraph 7#b71 a person may not import a covered product unless the person files electronically upon entry a declaration stating that the person has exercised reasonable care to assess and mitigate the risks that any covered commodity used to make the covered product was produced on land subject to illegal deforestation on or after such date of enactment4 7#b7 ,covered commodities from countries under an action plan ,on and after the date that is one year after an action plan applicable to a foreign country is finalized under subsection 7d77#b71 a person may not import a covered product containing any covered commodity produced in the country and identified in the action plan unless the person files upon entry a declaration that includes sufficient information to show-- 7,a7 7i7 the supply chain and the point of origin of the covered commodity2 and 7ii7 steps taken to assess and mitigate the risks that the point of origin was subject to illegal deforestation on or after the date of the enactment of the ,,forest ,act of #bjbc2 or 7,b7 7i7 all possible points of origin that could have contributed to the supply chain of the covered commodity1 if mixing or points of aggregation exist within the supply chain2 and 7ii7 steps taken to assess and mitigate the risks that any possible points of origin were subject to illegal deforestation on or after such date of enactment4 7#c7 ,guidance ,not later than #ij days after the date of the enactment of the ,,forest ,act of #bjbc1 and as appropriate thereafter1 the ,secretary of ,homeland ,security-- 7,a7 shall publish guidance on what constitutes reasonable care under paragraph 7#a7 and sufficient information under paragraph 7#b71 which may include guidance with respect to specific commodities1 as appropriate2 and 7,b7 may1 as appropriate1 issue guidance about the potential role of third-party certifications assisting importers with meeting the requirements of this section4 7#d7 ,trusted trader program 7,a7 ,in general ,not later than one year after the date of the enactment of the ,,forest ,act of #bjbc1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection 7in this section referred to as the ,commissioner7 shall establish a program to streamline the requirements of this section for importers that have demonstrated-- 7i7 a transparent and credible due diligence system2 and 7ii7 a track record of compliance1 supply chain traceability and transparency1 and sourcing of products not made wholly or in part of a covered commodity produced on land that undergoes illegal deforestation4 7,b7 ,audits ,the ,commissioner shall carry out1 and publish the results of1 regular1 random audits of participants in the program established under subparagraph 7,a7-- 7i7 to assess the compliance of participants with the requirements of the program2 and 7ii7 to terminate the participation in the program of participants found to be in violation of those requirements4 7,c7 ,requirements for participants ,each participant in the program established under subparagraph 7,a7 shall make up-to-date information on implementation of due diligence systems and supply chains publicly available to facilitate third-party monitoring4 7,d7 ,continued compliance ,participation in the program does not remove any obligation of a participant to comply with the requirements of subsection 7a7 or paragraph 7#a7 or 7#b74 7,e7 ,consultations ,the ,commissioner shall establish the program under subparagraph 7,a7 in consultation with-- 7i7 the interagency working group established under subsection 7f72 7ii7 the advisory committee established under subsection 7g72 and 7iii7 the public4 7c7 ,lists of covered commodities and covered products 7#a7 ,initial lists ,not later than #cj days after the date of the enactment of the ,,forest ,act of #bjbc1 the ,united ,states ,trade ,representative 7in this section referred to as the ,trade ,representative7 shall publish the following3 7,a7 ,an initial list made up of the following commodities 7in this section referred to as covered commodities73 7i7 ,palm oil4 7ii7 ,soybeans4 7iii7 ,cocoa4 7iv7 ,cattle4 7v7 ,rubber4 7,b7 ,an initial list made up of the following products made wholly or in part of a covered commodity 7in this section referred to as covered products73 7i7 ,palm oil or palm oil products classifiable under any of the following headings or subheadings of the ,,hts3 #aeaabije4ag4jjchbc4aa4jjaeac4ba4jjbije4 de4jjchbc4ab4jjaeac4bi4jjbiae4gj4jachbc4 aibcjf4fj4jjbiae4ijchbc4gj4 7ii7 ,soybeans or soybean products classifiable under heading #abja or #aejg or subheading #bcjd4jj4jj of the ,,hts4 7iii7 ,cocoa or cocoa products classifiable under heading #ahjc or #ahjf or subheading #ahja4jj4jj1 #ahjb4jj4jj1 #ahjd4jj4jj1 or #ahje4jj4jj1 of the ,,hts4 7iv7 ,cattle or cattle products classifiable under any of the following headings or subheadings of the ,,hts3 #jbjajbjf4ba4jjafjb4ejjbjbjbjf4bb4jjdajd jbjf4aj4jjjbjf4bi4jjdajg4 7v7 ,rubber or rubber products classifiable under heading #djja or #djaa of the ,,hts4 7#b7 ,reviews and updates 7,a7 ,in general ,not less frequently than annually1 the ,trade ,representative shall-- 7i7 review the list of covered commodities published under subparagraph 7,a7 of paragraph 7#a7 and the list of covered products published under subparagraph 7,b7 of that paragraph to assess whether covered commodities or covered products1 as the case may be1 should be added to or removed from the lists to ensure that the scope of the lists is sufficient to deter illegal deforestation and to ensure that neither commodities produced in the ,united ,states nor imported commodities that were not produced on illegally deforested land are displaced by imported commodities produced on illegally deforested land2 7ii7 consult and solicit relevant information from the interagency working group established under subsection 7f7 and the advisory committee established under subsection 7g7 regarding the list of covered commodities published under subparagraph 7,a7 of paragraph 7#a7 and the list of covered products published under subparagraph 7,b7 of that paragraph2 and 7iii7 publish updated lists based on the review under clause 7i7 and the consultation under clause 7ii74 7,b7 ,exclusions from updates 7i7 ,additions ,the ,trade ,representative may not add under subparagraph 7,a7 to the list of covered commodities published under paragraph 7#a77;,a7 a commodity for which an import declaration is required under section #c7;f7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgb7;f774 7ii7 ,removals ,the ,trade ,representative may not remove a commodity under subparagraph 7,a7 from the list of covered commodities published under paragraph 7#a77;,a7 solely because an import declaration is required under section #c7;f7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgb7;f77 with respect to the commodity4 7,c7 ,effect on import declarations ,any addition under subparagraph 7,a7 to the list of covered products under paragraph 7#a77;,b7 shall be subject to the declaration requirement under subsection 7b7 on and after the date that is one year after the updated list including the addition is published4 7d7 ,action plans for countries without adequate and effective protection against illegal deforestation 7#a7 ,identification of countries 7,a7 ,in general ,not later than #ahj days after the date of the enactment of the ,,forest ,act of #bjbc1 the ,trade ,representative shall-- 7i7 identify foreign countries without adequate and effective protection against illegal deforestation for the production of commodities likely to enter the ,united ,states2 and 7ii7 publish in the ,federal ,register-- 7,i7 a list of the countries identified under clause 7i72 and 7,,ii7 data and analysis related to the considerations described in subparagraph 7,b74 7,b7 ,considerations ,in identifying a foreign country under subparagraph 7,a71 the ,trade ,representative shall consider-- 7i7 trends in illegal deforestation in that country2 7ii7 whether policies and practices of the government of the country provide adequate and effective enforcement against illegal deforestation2 7iii7 trends in the capacity and effectiveness of enforcement against illegal deforestation by the country2 and 7iv7 the incidence of violence against1 and other violations of the rights of1 indigenous peoples and local residents in the country in connection with illegal deforestation4 7,c7 ,reassessment ,not less frequently than every #b years1 the ,trade ,representative shall assess whether additional foreign countries should be identified under subparagraph 7,a74 7#b7 ,action plans 7,a7 ,in general ,the ,trade ,representative shall publish in the ,federal ,register an action plan with respect to each foreign country identified under paragraph 7#a7 not later than #b years after the date on which the country is identified under that paragraph4 7,b7 ,involvement of foreign country and public ,the ,trade ,representative shall-- 7i7 seek to involve each foreign country for which the ,trade ,representative develops an action plan under subparagraph 7,a7 in the development of the action plan for that foreign country2 and 7ii7 publish in the ,federal ,register a draft of each action plan for public review and comment before publishing the action plan under subparagraph 7,a74 7,c7 ,goals of action plans ,the ,trade ,representative shall design an action plan developed under subparagraph 7,a7 with respect to a foreign country to achieve adequate and effective protection against illegal deforestation1 including by-- 7i7 instituting policies and practices to prevent illegal deforestation2 7ii7 ensuring sufficient capacity to enforce relevant laws2 7iii7 establishing processes to adjudicate and remedy previous illegal deforestation activities2 7iv7 ensuring comprehensive monitoring1 transparency1 and data sharing related to land ownership and use1 deforestation1 and potential impacts to other ecosystems2 and 7v7 promoting traceability1 transparency1 and data sharing for commodity supply chains4 7,d7 ,benchmarks ,the ,trade ,representative shall include in each action plan developed under subparagraph 7,a7 intermediate and final benchmarks1 including such legislative1 institutional1 enforcement1 or other actions as the ,trade ,representative determines to be necessary to demonstrate that the foreign country has achieved the goals described in subparagraph 7,c74 7,e7 ,identification of covered commodities ,the ,trade ,representative shall identify in the action plan developed under subparagraph 7,a7 with respect to a foreign country the specific covered commodities at risk of being produced on illegally deforested land in that country that shall be subject to the declaration requirement under subsection 7b77#b74 7#c7 ,petitions for determination of compliance 7,a7 ,in general ,a foreign country to which an action plan developed under paragraph 7#b77;,a7 applies may petition the ,trade ,representative to determine that the country has achieved all benchmarks in the action plan and therefore provides adequate and effective protection against illegal deforestation4 7,b7 ,determination of adequacy and effectiveness of protection 7i7 ,countries that provide adequate and effective protection against illegal deforestation ,if the ,trade ,representative determines under subparagraph 7,a7 that a foreign country to which an action plan developed under paragraph 7#b77;,a7 applies has achieved all benchmarks in the action plan to provide adequate and effective protection against illegal deforestation1 the action plan shall terminate4 7ii7 ,countries that fail to provide adequate and effective protection against illegal deforestation ,if the ,trade ,representative determines under subparagraph 7,a7 that a foreign country to which an action plan developed under paragraph 7#b77;,a7 applies has not achieved all benchmarks in the action plan1 the action plan shall remain in force4 7e7 ,enforcement 7#a7 ,administration 7,a7 ,in general ,the provisions of this section and any regulations issued under this section shall be enforced1 as appropriate1 by the ,commissioner1 the ,secretary of ,agriculture1 the ,secretary of the ,interior1 and the ,attorney ,general4 7,b7 ,audits ,the ,commissioner1 in collaboration with the heads of other ,federal agencies1 shall conduct random audits of importers filing declarations under subsection 7b77#a7 to ensure such importers are retaining the supporting documentation demonstrating reasonable care was exercised as required by that subsection4 7,c7 ,agreements ,an official specified in subparagraph 7,a7 may enter into an agreement with any other ,federal agency or any ,state agency or ,indian ,tribe under which that official may use1 with or without reimbursement 7as determined by the head of the relevant agency or ,indian ,tribe71 the personnel1 services1 and facilities of the agency or ,indian ,tribe for the enforcement of this section and regulations issued under this section4 7,d7 ,availability of information ,not later than one year after the date of the enactment of the ,,forest ,act of #bjbc1 the ,commissioner shall develop a process to make information filed with a declaration required by subsection 7b77#b7 7other than information considered to be confidential business information7 available to the public4 7#b7 ,coordination of enforcement ,the ,commissioner shall share declarations filed under subsection 7b7 and other information received by ,u4,s4 ,customs and ,border ,protection with the ,trade ,representative1 the ,secretary of ,agriculture1 the ,secretary of the ,interior1 the ,attorney ,general1 and the heads of other ,federal agencies as needed to ensure effective enforcement of this section4 7#c7 ,notice to importers ,before taking any enforcement action with respect to an importer suspected of violating subsection 7a7 or 7b71 the ,commissioner shall-- 7,a7 notify the importer of the suspected violation2 and 7,b7 provide the importer with an opportunity to provide additional information to demonstrate that the importer is in compliance with subsections 7a7 and 7b74 7#d7 ,information from outside sources ,not later than #ahj days after the date of the enactment of the ,,forest ,act of #bjbc1 the ,commissioner shall establish a process for receiving information from persons outside ,u4,s4 ,customs and ,border ,protection indicating that a covered commodity may be being imported in violation of this section4 7#e7 ,report required ,not later than #b years after the date of the enactment of the ,,forest ,act of #bjbc1 and annually thereafter1 the ,commissioner1 with input from the heads of relevant ,federal agencies1 shall submit to ,congress a report on the enforcement of this section that includes1 for the year preceding submission of the report-- 7,a7 the number of audits conducted by ,federal agencies of importers of record to detect potential violations of this section2 7,b7 the number of instances in which information was submitted to the ,commissioner under paragraph 7#d72 7,c7 the number of investigations initiated into possible violations of this section2 7,d7 the number of notices to importers under paragraph 7#c7 with respect to such violations2 7,e7 the number of such investigations initiated based on information submitted to the ,commissioner under paragraph 7#d72 7,f7 the results of cases adjudicated following such an investigation2 7,g7 the number of such investigations pending as of the date of the report2 and 7,h7 an explanation of how information submitted to the ,commissioner under paragraph 7#d7 was used to prioritize audits and other checks4 7f7 ,interagency working group 7#a7 ,in general ,there is established an interagency working group to provide advice and recommendations to the ,trade ,representative1 the ,commissioner1 and the heads of other relevant ,federal agencies on the implementation of this section4 7#b7 ,membership ,the interagency working group established under paragraph 7#a7 shall be composed of representatives of-- 7,a7 the ,department of ,state2 7,b7 the ,department of ,agriculture2 7,c7 ,u4,s4 ,customs and ,border ,protection2 7,d7 the ,office of the ,united ,states ,trade ,representative2 7,e7 the ,united ,states ,agency for ,international ,development2 7,f7 the ,department of the ,interior2 7,g7 the ,department of ,justice2 and 7,h7 such other ,federal agencies as the ,trade ,representative considers appropriate4 7#c7 ,chairperson ,the representative of the ,office of the ,united ,states ,trade ,representative shall serve as the chairperson of the interagency working group established under paragraph 7#a74 7g7 ,advisory committee 7#a7 ,in general ,the ,trade ,representative shall establish an advisory committee to provide advice and recommendations to the ,trade ,representative and the heads of other relevant ,federal agencies on the implementation of this section4 7#b7 ,membership ,the advisory committee established under paragraph 7#a7 shall be made up of #ad individuals-- 7,a7 #e of whom shall be representatives of institutions of higher education or nongovernmental organizations with expertise relevant to international deforestation1 associated human rights abuses1 or trade2 7,b7 #d of whom shall be representatives of the covered commodity industry2 7,c7 #c of whom shall be representatives of the covered product industry2 and 7,d7 #b of whom shall be representatives of labor organizations4 7h7 ,consistency with international agreements ,this section shall be applied in a manner consistent with the obligations of the ,united ,states under international agreements4 7i7 ,definitions ,in this section3 7#a7 ,deforestation ,the term deforestation means a loss of natural forest resulting from the whole or partial conversion of natural forest to-- 7,a7 agricultural use or another non-forest land use2 or 7,b7 a tree plantation4 7#b7 ,,hts ,the term ,,hts means the ,harmonized ,tariff ,schedule of the ,united ,states4 7#c7 ,illegal deforestation ,the term illegal deforestation means deforestation conducted in violation of the law 7or any action that has the force and effect of law7 of the country in which the deforestation is occurring1 including-- 7,a7 anti-corruption laws2 7,b7 laws relating to land tenure rights2 and 7,c7 laws relating to the free1 prior1 and informed consent of indigenous peoples and local communities4 7#d7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#e7 ,natural forest ,the term natural forest means a natural arboreal ecosystem that-- 7,a7 has a species composition a significant percentage of which is native species2 and 7,b7 includes-- 7i7 a native tree canopy cover of more than #aj percent over an area of not less #j4e hectares2 or 7ii7 other wooded land with a combined cover of shrubs1 bushes1 and trees of more than #aj percent over an area of not less than #j4e hectares4 7#f7 ,point of origin 7,a7 ,in general ,the term point of origin1 with respect to a covered commodity1 means the geographical location1 identified by the smallest administrative unit of land reasonably possible 7such as a concession1 farm1 ranch1 property1 or other type of public or private land allocation71 where the covered commodity was produced4 7,b7 ,application to livestock ,in the case of livestock1 the term point of origin includes all geographic locations where that animal existed from birth to slaughter4 7#g7 ,produce 7,a7 ,in general ,except as provided by subparagraph 7,b71 the term produce means growing1 harvesting1 rearing1 collecting1 extracting1 or otherwise producing a commodity4 7,b7 ,exclusion ,the term produce does not include refining or manufacturing4 7#h7 ,supply chain ,the term supply chain means the end-to-end process for getting commodities or products to the ,united ,states1 beginning at the point of origin and including all points until entry into the ,united ,states1 including refiners1 manufacturers1 suppliers1 distributors1 or vendors4 7#i7 ,wholly or in part 7,a7 ,in general ,the term wholly or in part shall have the meaning given that term in regulations4 7,b7 ,regulations ,regulations prescribed under section #c7;b7 of the ,,forest ,act of #bjbc shall define the term wholly or in part in a manner designed to limit the administrative burden on the importer of record while deterring illegal deforestation4 ,the definition of the term may be commodity specific as needed4 4 7b7 ,regulations ,not later than one year after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,united ,states ,trade ,representative shall publish final regulations for implementing section #ebg;,a of the ,tariff ,act of #aicj1 as added by subsection 7a74 #d4 ,implementation of ,lacey ,act import declarations for pulp and paper products ,if the requirement for an import declaration under section #c7;f77#a7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgb7;f77#a77 has not been fully implemented with respect to products classified under chapters #dg and #dh of the ,harmonized ,tariff ,schedule of the ,united ,states by the date of the enactment of this ,act1 the ,secretary of ,agriculture shall-- 7#a7 take such actions as are necessary to ensure that the requirement is fully enforced with respect to those products on and after the date that is #baj days after such date of enactment2 and 7#b7 not later than #cj days after such date of enactment1 publish a notice in the ,federal ,register that the requirement will be fully enforced with respect to those products on and after the date specified in paragraph 7#a74 #e4 ,foreign assistance for countries committed to eliminating deforestation 7a7 ,statement of policy ,it is the policy of the ,united ,states to assist foreign governments in eliminating illegal deforestation and to limit all deforestation to the extent practicable4 7b7 ,establishment of fund 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund1 consisting of amounts authorized to be appropriated or appropriated under paragraph 7#b74 7#b7 ,deposits to the fund ,there are authorized to be appropriated1 and there are appropriated1 to the fund established under paragraph 7#a7 for fiscal year #bjbc and each fiscal year thereafter an amount equivalent to the amount of penalties estimated by the ,secretary of the ,treasury to be collected under section #ebg;,a7e7 of the ,tariff ,act of #aicj1 as added by section #c1 in that fiscal year4 7#c7 ,availability of funds ,amounts in the fund established under paragraph 7#a7 shall be available as follows3 7,a7 #dj percent shall be available to the ,secretary of ,state-- 7i7 to provide financial and technical assistance and other resources to the governments of countries and implementing partners that are working to complete the benchmarks in action plans developed under section #ebg;,a7d7 of the ,tariff ,act of #aicj1 as added by section #c2 and 7ii7 to be transferred1 notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 to the ,administrator of the ,united ,states ,agency for ,international ,development and the heads of other appropriate ,federal agencies to provide assistance under clause 7i74 7,b7 #ej percent shall be available to the ,commissioner of ,u4,s4 ,customs and ,border ,protection-- 7i7 to carry out the duties of the ,commissioner under section #ebg;,a of the ,tariff ,act of #aicj1 as added by section #c2 and 7ii7 to be transferred1 notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 to the ,secretary of ,agriculture and the ,secretary of the ,interior for monitoring1 audits1 enforcement1 and other duties assigned under such section #ebg;,a4 7,c7 #aj percent shall be available to the ,united ,states ,trade ,representative to carry out the duties of the ,trade ,representative under such section #ebg;,a4 7c7 ,definitions ,in this section1 the terms deforestation and illegal deforestation have the meanings given those terms in section #ebg;,a7i7 of the ,tariff ,act of #aicj1 as added by section #c4 #f4 ,inclusion of illegal deforestation as specified unlawful activity ,section #aief7;c77#g77;,b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in clause 7vi71 by striking 2 or and inserting a semicolon2 7#b7 in clause 7vii71 by striking the semicolon and inserting 2 or2 and 7#c7 by adding at the end the following3 7viii7 any act1 engaged in knowingly1 to carry out1 enable1 or encourage illegal deforestation 7as defined in section #ebg;,a7i7 of the ,tariff ,act of #aicj74 4 #g4 ,procurement preference for commodities not produced on land subject to deforestation 7a7 ,in general ,chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following3 #dgae4 ,procurement preference for commodities not produced on land subject to deforestation 7a7 ,in general ,in comparing proposals for the purpose of awarding a contract involving any product made wholly or in part of a covered commodity1 the head of an executive agency shall reduce the bid price by #aj percent if the contractor demonstrates to the satisfaction of the head of the agency that-- 7#a7 the contractor has a policy described in subsection 7b7 in effect2 and 7#b7 the policy and data on monitoring and enforcement of that policy are publicly available and updated not less frequently than annually4 7b7 ,policy described ,a policy described in this subsection is a policy that includes1 at a minimum1 for each covered commodity included in a product described in subsection 7a71 the following3 7#a7 ,measures to identify the point of origin of the commodity and ensure compliance with the policy when supply chain risks are present4 7#b7 ,data detailing the complete list of direct and indirect suppliers and supply chain traceability information1 including refineries1 processing plants1 farms1 and plantations1 and their respective owners1 parent entities1 and farmers1 maps1 and geolocations1 for the commodity4 7#c7 ,measures taken to ensure that the commodity does not contribute to deforestation4 7#d7 ,measures taken to ensure compliance with the laws of any country in which the commodity is produced4 7c7 ,buy ,american requirements ,subsection 7a7 does not affect the application of the requirements of chapter #hc of title #da1 ,united ,states ,code4 7d7 ,definitions ,in this section1 the terms covered commodity1 deforestation1 point of origin1 and produce have the meanings given those terms in section #ebg;,a7i7 of the ,tariff ,act of #aicj4 4 7b7 ,clerical amendment ,the table of sections for such chapter is amended by inserting after the item relating to section #dgad the following3 #dgae4 ,procurement preference for commodities not produced on land subject to deforestation4 4