‘‘(1) IN GENERAL.—On and after the date that 
is one year after the date of the enactment of the 
FOREST Act of 2021, and subject to paragraph 
(2), a person may not import a covered product un-
less the person files upon entry a declaration stating 
that the person has exercised reasonable care to as-
sess and mitigate the risks that any covered com-
modity used to make the covered product was pro-
duced from land subject to illegal deforestation on or 
after such date of enactment. 
‘‘(2) 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 (d)(2), 
a person may not import a covered product con-
taining 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— 
‘‘(A)(i) the supply chain and the point of 
origin of the covered commodity; and 
‘‘(ii) steps taken to assess and mitigate the 
risks that the point of origin was subject to ille-
gal deforestation on or after the date of the en-
actment of the FOREST Act of 2021; or 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B)(i) all possible points of origin that 
could have contributed to the supply chain of 
the covered commodity, if mixing or points of 
aggregation exist within the supply chain; and 
‘‘(ii) 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 enactment. 
‘‘(3) TREATMENT OF PRODUCTS SUBJECT TO 
MULTIPLE IMPORT DECLARATION REQUIREMENTS.— 
In the case of a product for which an import dec-
laration is required by this subsection and section 
3(f) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3372(f)), U.S. Customs and Border Protec-
tion and the Animal and Plant Health Inspection 
Service shall coordinate to limit the administrative 
burden, to the extent practicable, for importers. 
‘‘(4) GUIDANCE.—Not later than 90 days after 
the date of the FOREST Act of 2021, and as appro-
priate thereafter, the Commissioner of U.S. Customs 
and Border Protection (in this section referred to as 
the ‘Commissioner’)— 
‘‘(A) shall publish guidance on what con-
stitutes reasonable care under paragraph (1) 
and sufficient information under paragraph (2), 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
which may include guidance with respect to spe-
cific commodities, as appropriate; and 
‘‘(B) may, as appropriate, issue guidance 
about the potential role of third-party certifi-
cations assisting importers with meeting the re-
quirements of this section. 
‘‘(c) LISTS OF COVERED COMMODITIES AND COV-
ERED PRODUCTS.— 
‘‘(1) INITIAL LISTS.—Not later than 30 days 
after the date of the enactment of the FOREST Act 
of 2021, the United States Trade Representative (in 
this section referred to as the ‘Trade Representa-
tive’) shall publish the following: 
‘‘(A) An initial list made up of the fol-
lowing commodities (in this section referred to 
as ‘covered commodities’): 
‘‘(i) Palm oil. 
‘‘(ii) Soybeans. 
‘‘(iii) Cocoa. 
‘‘(iv) Cattle. 
‘‘(v) Rubber. 
‘‘(vi) Wood pulp. 
‘‘(B) An initial list of made up of the fol-
lowing products made wholly or in part of a 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
covered commodity (in this section referred to 
as ‘covered products’): 
‘‘(i) Palm oil or palm oil products 
classifiable under any of the following 
headings or subheadings of the HTS: 
‘‘1511 .............................
2905.17.00 .....................
3823.11.00 
1513.21.00 .....................
2905.45.00 .....................
3823.12.00 
1513.29.00 .....................
2915.70.01 .....................
3823.19 
2306.60.00 .....................
2915.90 ..........................
3823.70. 
‘‘(ii) Soybeans or soybean products 
classifiable under heading 1201 or 1507 or 
subheading 2304.00.00 of the HTS. 
‘‘(iii) Cocoa or cocoa products classifi-
able under heading 1803 or 1806 or sub-
heading 
1801.00.00, 
1802.00.00, 
1804.00.00, or 1805.00.00 of the HTS. 
‘‘(iv) Cattle or cattle products classifi-
able under any of the following headings or 
subheadings of the HTS: 
‘‘0201 .............................
0206.21.00 .....................
1602.50 
0202 ...............................
0206.22.00 .....................
4104 
0206.10.00 .....................
0206.29.00 .....................
4107. 
‘‘(v) Rubber or rubber products classi-
fiable under heading 4001 or 4011 of the 
HTS. 
‘‘(vi) Pulp or pulp products classifi-
able under any of the following headings or 
subheadings of the HTS: 
‘‘4703 .............................
4804 ...............................
4818 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
4801.00.01 .....................
4805 ...............................
4819 
4802 ...............................
4810 ...............................
4820 
4803.00 ..........................
4811 ...............................
4823. 
‘‘(2) REVIEWS AND UPDATES.— 
‘‘(A) IN
GENERAL.—Not less frequently 
than annually, the Trade Representative shall— 
‘‘(i) review the list of covered com-
modities published under subparagraph 
(A) of paragraph (1) and the list of cov-
ered products published under subpara-
graph (B) of that paragraph to assess 
whether covered commodities or covered 
products, as the case may be, should be 
added to or removed from the lists to en-
sure that the scope of the lists is sufficient 
to increasingly deter illegal deforestation 
and to ensure that no material amount of 
a 
commodity 
produced 
from 
illegally 
deforested land enters the United States; 
and 
‘‘(ii) publish updated lists based on 
that review. 
‘‘(B) 
EFFECT
ON
IMPORT
DECLARA-
TIONS.—Any addition under subparagraph (A) 
to the list of covered products under paragraph 
(1)(B) shall be subject to the declaration re-
quirement under subsection (b) on and after the 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
date that is one year after the updated list in-
cluding the addition is published. 
‘‘(3) SOLICITATION OF INPUT.—In updating the 
lists under paragraph (1) as required by paragraph 
(2), the Trade Representative shall— 
‘‘(A) consult with the Secretary of State 
and the Administrator of the United States 
Agency for International Development; and 
‘‘(B) coordinate and solicit relevant infor-
mation from— 
‘‘(i) the interagency working group es-
tablished under subsection (f); 
‘‘(ii) the advisory committee estab-
lished under subsection (g); 
‘‘(iii) other Federal, State, and local 
agencies in the United States; and 
‘‘(iv) the public. 
‘‘(d) ACTION PLANS FOR COUNTRIES WITHOUT ADE-
QUATE AND EFFECTIVE PROTECTION AGAINST ILLEGAL 
DEFORESTATION.— 
‘‘(1) IDENTIFICATION OF COUNTRIES.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of the 
FOREST Act of 2021, the Trade Representa-
tive shall— 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(i) identify foreign countries without 
adequate and effective protection against 
illegal deforestation caused by the produc-
tion of commodities likely to enter the 
United States; and 
‘‘(ii) make available to the public— 
‘‘(I) a list of the countries identi-
fied under clause (i); and 
‘‘(II) data and analysis related to 
the considerations described in sub-
paragraph (B). 
‘‘(B) CONSIDERATIONS.—In identifying a 
foreign country under subparagraph (A), the 
Trade Representative shall consider— 
‘‘(i) trends of deforestation and illegal 
deforestation in that country; 
‘‘(ii) policies and practices of the gov-
ernment of the country that deny adequate 
and effective enforcement against illegal 
deforestation; 
‘‘(iii) trends in the capacity and effec-
tiveness of enforcement against illegal de-
forestation by the country; and 
‘‘(iv) the incidence of violence against, 
and other violations of the rights of, indig-
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
enous peoples, local residents, and environ-
mental and human rights defenders in the 
country in connection with illegal deforest-
ation. 
‘‘(C) REASSESSMENT.—Not less frequently 
than every 2 years, the Trade Representative 
shall assess whether additional foreign countries 
should be identified under subparagraph (A). 
‘‘(2) ACTION PLANS.— 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date of the enactment of the FOREST 
Act of 2021, the Trade Representative shall fi-
nalize an action plan with respect to each for-
eign country identified under paragraph (1). 
‘‘(B) FINALITY.—An action plan developed 
under subparagraph (A) shall be considered 
final for the purposes of subsection (b)(2) on 
the date on which the action plan is posted on 
a publicly accessible internet website of the Of-
fice of the United States Trade Representative. 
‘‘(C) INVOLVEMENT OF FOREIGN COUNTRY 
AND
PUBLIC.—The 
Trade 
Representative 
shall— 
‘‘(i) seek to involve each foreign coun-
try for which the Trade Representative de-
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
velops an action plan under subparagraph 
(A) in the development of the action plan 
for that foreign country; and 
‘‘(ii) release a draft of each action 
plan for public review and comment before 
finalizing the action plan. 
‘‘(D) GOALS
OF
ACTION
PLANS.—The 
Trade Representative shall design an action 
plan developed under subparagraph (A) with re-
spect to a foreign country to achieve— 
‘‘(i) new laws, rules, enforcement pro-
cedures, or agreements to ensure that ille-
gal deforestation is no longer occurring in 
the country; 
‘‘(ii) sufficient capacity to enforce rel-
evant laws; 
‘‘(iii) processes to remedy or adju-
dicate previous illegal deforestation activi-
ties; 
‘‘(iv) comprehensive monitoring and 
data sharing related to deforestation and 
potential impacts to other ecosystems; 
‘‘(v) transparency and accessibility of 
information with respect to land tenure 
and land-use decisions; 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(vi) traceability, transparency, and 
data sharing for commodity supply chains; 
and 
‘‘(vii) in the case of a country that is 
a party to the decision of the 21st Con-
ference of Parties of the United Nations 
Framework Convention on Climate Change 
adopted in Paris December 12, 2015 (com-
monly known as the ‘Paris Agreement’), 
the incorporation of— 
‘‘(I) forest protection into the 
country’s nationally determined con-
tribution under the Paris Agreement; 
and 
‘‘(II) deforestation into the coun-
try’s greenhouse gas reporting as re-
quired by the Paris Agreement. 
‘‘(E) BENCHMARKS.— 
‘‘(i) IN GENERAL.—The Trade Rep-
resentative shall include in each action 
plan developed under subparagraph (A) in-
termediate and final benchmarks described 
in clause (ii) and a timeline for achieving 
those benchmarks. 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(ii) 
BENCHMARKS
DESCRIBED.— 
Benchmarks described in this clause may 
be such legislative, institutional, enforce-
ment, or other actions as the Trade Rep-
resentative determines to be necessary to 
demonstrate that the foreign country has 
achieved the goals described in subpara-
graph (D). 
‘‘(F) IDENTIFICATION OF COVERED COM-
MODITIES.—The Trade Representative shall 
identify in the action plan developed under sub-
paragraph (A) 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 dec-
laration requirement under subsection (b)(2). 
‘‘(3) PRESIDENTIAL ACTION AUTHORIZED.—On 
and after the date on which an action plan released 
to the public under paragraph (2)(A) with respect to 
a foreign country has been in place for one year, if 
the President determines that the country has not 
substantially complied with the benchmarks in the 
action plan, the President may take appropriate ac-
tion with respect to the country. 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(4) PETITIONS FOR DETERMINATION OF COM-
PLIANCE.— 
‘‘(A) IN GENERAL.—A foreign country to 
which an action plan developed under para-
graph (2)(A) applies may petition the Trade 
Representative to determine that the country 
has achieved all benchmarks in the action plan. 
‘‘(B) DETERMINATION OF ADEQUACY AND 
EFFECTIVENESS OF PROTECTION.— 
‘‘(i) IN GENERAL.—If the Trade Rep-
resentative determines under subparagraph 
(A) that a foreign country to which an ac-
tion plan developed under paragraph 
(2)(A) applies has achieved all benchmarks 
in the action plan, the Trade Representa-
tive shall determine whether that country, 
after achieving those benchmarks, provides 
adequate and effective protection against 
illegal deforestation. 
‘‘(ii) COUNTRIES THAT FAIL TO PRO-
VIDE ADEQUATE AND EFFECTIVE PROTEC-
TION
AGAINST
ILLEGAL
DEFOREST-
ATION.—If the Trade Representative deter-
mines under clause (i) that a foreign coun-
try described in that clause continues to 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS
fail to provide adequate and effective pro-
tection against illegal deforestation, the 
Trade Representative shall develop a new 
action plan under paragraph (2)(A) with 
respect to the country. 
‘‘(iii) COUNTRIES THAT PROVIDE ADE-
QUATE
AND
EFFECTIVE
PROTECTION 
AGAINST
ILLEGAL
DEFORESTATION.—If 
the Trade Representative determines under 
clause (i) that a foreign country described 
in that clause provides adequate and effec-
tive protection against illegal deforestation, 
the action plan developed under paragraph 
(2)(A) with respect to the country shall 
terminate. 
‘‘(5) CONSULTATIONS.—In identifying foreign 
countries under paragraph (1), developing action 
plans under paragraph (2), and making determina-
tions under paragraph (4), the Trade Representative 
shall— 
‘‘(A) consult with the Secretary of State 
and the Administrator of the United States 
Agency for International Development; and 
‘‘(B) coordinate and solicit relevant infor-
mation from— 
VerDate Sep 11 2014 
03:37 Oct 14, 2021
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5508.IH
H5508
pbinns on DSKJLVW7X2PROD with BILLS