,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hgdd ,,in ,,the ,,house ,,of ,,representatives ,may #ab1 #bjbf,mr4 ,doggett 7for himself1 ,ms4 ,ansari1 ,ms4 ,brownley1 ,mr4 ,casar1 ,mr4 ,casten1 ,ms4 ,castor of ,florida1 ,mr4 ,cleaver1 ,mr4 ,cohen1 ,ms4 ,escobar1 ,mr4 ,frost1 ,mrs4 ,grijalva1 ,ms4 ,jayapal1 ,mr4 ,johnson of ,georgia1 ,ms4 ,lee of ,pennsylvania1 ,mr4 ,mc,govern1 ,ms4 ,norton1 ,mr4 ,pocan1 ,mr4 ,quigley1 ,mr4 ,raskin1 ,ms4 ,schakowsky1 ,ms4 ,tlaib1 and ,ms4 ,williams of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on ,foreign ,affairs1 and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit the import of certain goods produced1 sourced1 made1 or otherwise derived from deforestation and the sale of such items in interstate commerce1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,trade ,responsibly for ,environmental ,emissions ,act or the ,,tree ,act4 #b4 ,prohibition on import and sale in interstate commerce of deforestation goods 7a7 ,in general ,beginning on ,january #a1 #bjbi1 it shall be unlawful for any operator or trader-- 7#a7 to import into the ,united ,states any deforestation good2 or 7#b7 introduce into interstate commerce1 manufacture for introduction into interstate commerce1 or sell1 trade1 or advertise in interstate commerce in the ,united ,states any deforestation good4 7b7 ,false labeling ,it shall be unlawful for any operator or trader to make or submit any false record1 account1 label1 or other information1 with respect to any deforestation good that has been1 or is intended to be1 imported into the ,united ,states4 #c4 ,enforcement 7a7 ,due diligence statement ,the ,commissioner of ,customs and ,border ,protection shall require a due diligence statement that complies with subsection 7b7 to be provided by each operator or trader who imports into the ,united ,states a covered commodity4 7b7 ,requirements ,the due diligence statement required under subsection 7a7 shall contain-- 7#a7 a description of each covered commodity1 that includes-- 7,a7 the trade name of each such commodity2 7,b7 the quantity and required unit of measurement1 as determined by the ,commissioner of ,customs and ,border ,protection1 of each such commodity2 7,c7 with respect to each such commodity that is wood or is otherwise produced using wood1 the common and scientific names of such wood2 and 7,d7 with respect to each such commodity coming from countries categorized under section #c as a ,level ,i or ,level ,,ii risk1 the country of origin and geolocation coordinates1 as determined practical by the ,commissioner of ,customs and ,border ,protection2 7#b7 the name1 postal address1 and contact information of each person that supplied to such operator or trader each covered commodity2 7#c7 adequately conclusive and verifiable information that the covered products are deforestation free2 and 7#d7 any other information the ,commissioner of ,customs and ,border ,protection determines necessary to determine that each covered commodity is not a deforestation good and has been produced in accordance with the relevant law regarding deforestation of the country of origin4 7c7 ,civil ,penalties 7#a7 ,in general ,in addition to any civil or criminal penalty that may be imposed under title #ah1 ,united ,states ,code1 or any other provision of law1 any operator or trader who violates this ,act1 or any regulation issued under this ,act1 shall-- 7,a7 be assessed a civil penalty in an amount not more than #d percent of the total ,united ,states revenue of such operator or trader for the fiscal year preceding the issuance of such fine2 7,b7 have each deforestation good confiscated2 and 7,c7 for a period of not more than #ab months1 be ineligible-- 7i7 to enter into any contract with any ,federal agency for the procurement of goods1 materials1 and services2 and 7ii7 for any ,federal funding1 grants1 and concessions4 7#b7 ,determining fine ,in calculating each fine required under paragraph 7#a71 the ,united ,states ,trade ,representative may consider-- 7,a7 the environmental damage caused by the deforestation good2 7,b7 the ability of the violator to pay2 7,c7 ensure such fine effectively deprives the violator of the economic benefits derived from importing the deforestation good2 and 7,d7 gradually increase such fine for each repeat violation until the fine is in an amount equal to #d percent of the total ,united ,states revenue of the violator for the fiscal year preceding the issuance of such fine4 7#c7 ,serious or repeat violations ,in the case of a serious or repeat violation1 an operator or trader shall be prohibited from importing into the ,united ,states any good for a period of not more than #ab months4 7#d7 ,determining serious violation ,in determining what constitutes a serious violation under paragraph 7#c71 the ,united ,states ,trade ,representative shall consider-- 7,a7 the nature1 circumstances1 extent1 and gravity of the violation2 7,b7 the degree of culpability2 and 7,c7 such other matters as the ,united ,states ,trade ,representative1 in consultation with the ,commissioner of ,customs and ,border ,protection1 determines necessary4 7d7 ,increased inspection rates 7#a7 ,in general ,beginning on ,december #ca1 #bjbi1 based on the country categorization list required under section #c7;a77#a71 the ,commissioner of ,customs and ,border ,protection shall implement the following increased inspection rates3 7,a7 ,of the goods originating from a country1 or region thereof1 categorized by the ,united ,states ,trade ,representative under section #c7;a77#a7 as a ,level ,i risk1 not less than #i percent of such goods imported into the ,united ,states in a calendar year shall be inspected for deforestation goods4 7,b7 ,of the goods originating from a country1 or region thereof1 categorized by the ,united ,states ,trade ,representative under section #c7;a77#a7 as a ,level ,,ii risk1 not less than #c percent of such goods imported into the ,united ,states in a calendar year shall be inspected for deforestation goods4 7,c7 ,of the goods originating from a country1 or region thereof1 categorized by the ,united ,states ,trade ,representative under section #c7;a77#a7 as a ,level ,,iii risk1 not less than #a percent of such goods imported into the ,united ,states in a calendar year shall be inspected for deforestation goods4 7#b7 ,rulemaking authority ,the ,commissioner of ,customs and ,border ,protection may1 in consultation with the ,attorney ,general1 ,secretary of ,state1 ,united ,states ,trade ,representative1 ,secretary of ,commerce1 and ,administrator of the ,united ,states ,agency for ,international ,development1 promulgate such rules and regulations as such ,commissioner determines necessary to carry out paragraph 7#a74 7e7 ,interstate commerce prohibition ,not later than ,january #a1 #bjbi1 the ,secretary of the ,interior shall by regulation establish a plan to enforce the prohibition under section #a7;a77#b74 #d4 ,country categorization based on risk posed of importing deforestation goods 7a7 ,country categorization 7#a7 ,in general ,the ,united ,states ,trade ,representative shall-- 7,a7 not later than ,december #a1 #bjbi1 and every other year thereafter1 categorize every country under one of the three risk levels described under subsection 7b71 except as provided under paragraph 7#b71 based on the risk that imports originating from such country are deforestation goods2 and 7,b7 not later than ,december #ca1 #bjbi1 and every other year thereafter-- 7i7 publish such categorization on the internet website of the ,united ,states ,trade ,representative2 and 7ii7 formally notify each country1 as described under subsection 7c77#d71 of the risk level of such country and of each regional categorization of such country under paragraph 7#b74 7#b7 ,regional categorizations ,a region within a country may be categorized by the ,united ,states ,trade ,representative under a different risk level under subsection 7b7 than the risk level such country is categorized under if sufficient information is available for the ,united ,states ,trade ,representative to determine that such region warrants a different categorization than the country such region is in4 7#c7 ,interim categorization ,for the period beginning on ,january #a1 #bjbi1 and ending on the date on which the ,united ,states ,trade ,representative completes the risk level categorization required under paragraph 7#a71 each country1 and each region thereof1 shall be categorized under subsection 7b77#b7 as a ,level ,,ii risk4 7b7 ,risk ,levels 7#a7 ,level ,i ,a country1 or region thereof1 shall be categorized as a ,level ,i if the imports originating from such country1 or region thereof1 pose a high risk of being deforestation goods4 7#b7 ,level ,,ii ,a country1 or region thereof1 shall be categorized as a ,level ,,ii if the imports originating from such country1 or region thereof1 pose a moderate risk of being deforestation goods4 7#c7 ,level ,,iii ,a country1 or region thereof1 shall be categorized as a ,level ,,iii if the imports originating from such country1 or region thereof1 pose a low risk of being deforestation goods4 7c7 ,determining risk level 7#a7 ,assessment ,the risk level categorization required under subsection 7a77#a7 shall be based on an objective and transparent assessment1 determined by the ,united ,states ,trade ,representative1 considering the latest scientific evidence and internationally recognized sources1 and shall be primarily based on the following criteria3 7,a7 ,the rate of deforestation and forest degradation since ,december #ca1 #bjbj1 within the country1 or region thereof1 being categorized4 7,b7 ,the rate at which the country1 or region thereof1 being categorized is expanding the use of agriculture land for covered products1 covered commodities1 and covered sources4 7,c7 ,the production trends of the covered products1 covered commodities1 and covered sources within the country1 or region thereof1 being categorized4 7#b7 ,additional considerations ,the assessment required under paragraph 7#a7 shall also consider the following3 7,a7 ,information related to the effective covering of emissions and removals from agriculture1 forestry1 and land use in the nationally determined contribution to the ,united ,nations ,framework ,convention on ,climate ,change 7adopted in ,rio de ,janeiro1 ,brazil1 in ,june #aiib7 that may be submitted by the country1 or region thereof1 being categorized1 regional authorities and operators in such country1 or region thereof1 nongovernmental organizations1 indigenous peoples1 local communities1 civil society organizations and any other interested party the ,united ,states ,trade ,representative determines appropriate4 7,b7 ,agreements and other instruments between the country1 or region thereof1 being categorized and the ,united ,states that address deforestation1 forest degradation1 and compliance with section #a4 7,c7 ,whether the country1 or region thereof1 being categorized has national1 regional1 or local laws in place to combat deforestation and forest degradation1 including whether such country1 or region thereof1 has-- 7i7 implemented ,article #e the decision by the ,united ,nations ,framework ,convention on ,climate ,change's #bast ,conference of ,parities in ,paris1 ,france1 adopted on ,december #ab1 #bjae 7commonly referred to as the ,paris ,agreement72 7ii7 whether such country effectively enforces such laws2 and 7iii7 whether the penalties imposed under such laws are of sufficient severity to deprive the penalized operator or trader of the benefits gained from engaging in deforestation or forest degradation4 7,d7 ,whether the country1 or region thereof1 being categorized has transparent data on deforestation and forest degradation and1 where applicable1 the existence of1 compliance with1 or effective enforcement of laws protecting human rights1 the rights of indigenous peoples1 and local communities4 7,e7 ,sanctions imposed by the ,security ,council of the ,united ,nations or the ,united ,states on the import or export of deforestation goods4 7,f7 ,risk classification determined by the ,european ,union under the ,european ,union ,deforestation ,regulation4 7#c7 ,engagement ,the ,united ,states ,trade ,representative shall engage with each country1 or region thereof1 that is categorized1 at risk of being categorized as a ,level ,i risk1 with the objective of reducing the level of risk of such country or region thereof4 7#d7 ,notification ,upon finalizing the second risk-level categorization required under subsection 7a77#a71 and each risk-level categorization thereafter1 the ,united ,states ,trade ,representative shall-- 7,a7 formally notify each country of a change from the most recently published risk-level categorization under subsection 7a77#b7 in the risk-level of such country or region thereof2 7,b7 provide not longer than #f months for such country to respond2 and 7,c7 include in such notification the following3 7i7 ,each reason for the intention to change the risk level of the country or region thereof4 7ii7 ,in the case of an increase in risk level1 an invitation to respond in writing to provide information on measures taken by such country to remedy the situation4 7iii7 ,the consequences such country will face because of a change in the risk level of such country or region thereof4 7d7 ,duty ,to update ,the ,united ,states ,trade ,representative shall update the risk-level categorization required under subsection 7a77#a7 earlier than required under such subsection if any new evidence is received that the ,united ,states ,trade ,representative determines affects the risk-level categorization of a country or region thereof4 7e7 ,rulemaking authority ,the ,united ,states ,trade ,representative may1 in consultation with the ,attorney ,general1 ,secretary of ,state1 ,commissioner of ,customs and ,border ,protection1 ,secretary of ,commerce1 and ,administrator of the ,united ,states ,agency for ,international ,development1 promulgate such rules and regulations as such representative determines necessary to carry out this paragraph4 #e4 ,international assistance 7a7 ,assistance to ,level ,i countries ,the ,secretary of ,state shall provide preference to countries categorized under section #a7;d77#b77;,a7 as a ,level ,i risk when providing financial assistance related to deforestation and forest-related degradation4 7b7 ,revenue from penalties ,with respect to all amounts collected in the form of civil penalties pursuant to section #a1 and notwithstanding any other provision of law1 the ,secretary of the ,treasury shall use an amount equal to half of the total amount of penalties collected in the preceding fiscal year to provide assistance to under developed countries with respect to deforestation and forest-degradation management4 #f4 ,definitions ,in this ,act3 7#a7 ,agriculture use ,the term agriculture use means the use of land for the purpose of-- 7,a7 agriculture1 including agricultural plantations and set-aside agricultural areas2 or 7,b7 rearing livestock4 7#b7 ,covered commodity ,the term covered commodity means each of the following3 7,a7 ,cattle4 7,b7 ,cocoa4 7,c7 ,palm oil4 7,d7 ,rubber4 7,e7 ,soy4 7,f7 ,wood4 7#c7 ,covered product ,the term covered product means any item that has been fed with1 made with1 contains1 or was otherwise produced with a covered commodity4 7#d7 ,covered source ,the term covered source means any precursor to a covered commodity that is used to produce such commodity4 7#e7 ,deforestation ,the term deforestation means the loss of a forest resulting from the whole or partial conversion of such forest to-- 7,a7 agricultural use or another non forest land use2 or 7,b7 a tree plantation4 7#f7 ,deforestation good ,the term deforestation good means each of the following1 only if produced1 sourced1 made1 or otherwise derived from land1 on or after ,december #ca1 #bjbj1 that is subject to deforestation or forest degredation3 7,a7 ,a covered product4 7,b7 ,a covered commodity4 7,c7 ,a covered source4 7#g7 ,forest ,the term forest means land spanning more than #j4e hectares with trees higher than #e meters and a canopy of more than #aj percent1 or trees able to reach those thresholds in situ1 excluding land that is predominately under agricultural or urban land use4 7#h7 ,forest degradation ,the term forest degradation-- 7,a7 means human-driven structural changes to forest cover that result in a change in species composition1 structure1 or function of the forest1 which can be indicated by factors such as-- 7i7 impacts to carbon storage and other ecosystem services2 7ii7 native species abundance and composition2 and 7iii7 tree age class distribution2 and 7,b7 includes the conversion of-- 7i7 primary forests1 naturally regenerating forests1 or old growth forests into plantation forests or into other wooded land2 and 7ii7 primary forests or old growth forests into temporarily unstocked forests due to clearcutting or other harvesting4 7#i7 ,operator ,the term operator means any person who1 in the course of commercial activity-- 7,a7 places relevant products into the interstate commerce of the ,united ,states2 or 7,b7 imports relevant products into the ,united ,states4 7#aj7 ,trader ,the term trader means any person in the supply chain other than the operator who1 in the course of a commercial activity1 makes a product available to be imported into the ,united ,states4