‘‘(i) the interagency working group es-
tablished under subsection (f); 
‘‘(ii) the advisory committee estab-
lished under subsection (g); 
‘‘(iii) relevant committees of Congress; 
‘‘(iv) other Federal, State, or local 
agencies in the United States; 
‘‘(v) civil society, indigenous peoples, 
and local communities in countries that 
produce covered commodities and covered 
products; and 
‘‘(vi) the public. 
‘‘(e) ENFORCEMENT.— 
‘‘(1) ADMINISTRATION.— 
‘‘(A) IN GENERAL.—The provisions of this 
section and any regulations issued under this 
section shall be enforced, as appropriate, by the 
Commissioner, the Secretary of Agriculture, the 
Secretary of the Interior, and the Attorney 
General. 
‘‘(B) AUDITS.—The Administrator of the 
Animal and Plant Health Inspection Service, in 
collaboration with the heads of other Federal 
agencies, shall conduct random audits of im-
porters filing declarations under subsection 
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(b)(1) to ensure such importers are retaining 
the supporting documentation demonstrating 
reasonable care was exercised as required by 
that subsection. 
‘‘(C) AGREEMENTS.—An official specified 
in subparagraph (A) may enter into an agree-
ment with any other Federal agency or any 
State agency or Indian Tribe under which that 
official may use, with or without reimburse-
ment, the personnel, services, and facilities of 
the agency or Indian Tribe for the enforcement 
of this section and regulations issued under this 
section. 
‘‘(D) AVAILABILITY
OF
INFORMATION.— 
Not later than one year after the date of the 
enactment of the FOREST Act of 2021, the 
Commissioner shall develop a process to make 
information filed with a declaration required by 
subsection (b)(2) (other than information con-
sidered to be confidential business information) 
available to the public. 
‘‘(2) COORDINATION OF ENFORCEMENT.—The 
Commissioner shall share declarations filed under 
subsection (b) and other information received by 
U.S. Customs and Border Protection with the Trade 
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Representative, the Secretary of Agriculture, the 
Secretary of the Interior, the Attorney General, and 
the heads of other Federal agencies as needed to en-
sure effective enforcement of this section. 
‘‘(3) INFORMATION FROM OUTSIDE SOURCES.— 
Not later than 180 days after the date of the enact-
ment of the FOREST Act of 2021, the Commis-
sioner shall establish a process for receiving informa-
tion from persons outside U.S. Customs and Border 
Protection indicating that a covered commodity may 
be being imported in violation of this section. 
‘‘(4) REPORT
REQUIRED.—Not later than 2 
years after the date of the enactment of the FOR-
EST Act of 2021, and annually thereafter, the Com-
missioner, with input from the heads of relevant 
Federal agencies, shall submit to Congress a report 
on the enforcement of this section that includes, for 
the year preceding submission of the report— 
‘‘(A) the number of audits conducted by 
Federal agencies of importers of record to de-
tect potential violations of this section; 
‘‘(B) the number of instances in which in-
formation was submitted to the Commissioner 
under paragraph (3); 
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‘‘(C) the number of investigations initiated 
into possible violations of this section; 
‘‘(D) the number of such investigations ini-
tiated based on information submitted to the 
Commissioner under paragraph (3); 
‘‘(E) the results of cases adjudicated fol-
lowing such an investigation; 
‘‘(F) the number of such investigations 
pending as of the date of the report; and 
‘‘(G) an explanation of how information 
submitted to the Commissioner under para-
graph (3) was used to prioritize audits and 
other checks. 
‘‘(f) INTERAGENCY WORKING GROUP.— 
‘‘(1) IN
GENERAL.—There is established an 
interagency working group to provide advice and rec-
ommendations to the Trade Representative, the 
Commissioner, and the heads of other relevant Fed-
eral agencies on the implementation of this section. 
‘‘(2) MEMBERSHIP.—The interagency working 
group established under paragraph (1) shall be com-
posed of representatives of— 
‘‘(A) the Department of State; 
‘‘(B) the Department of Agriculture; 
‘‘(C) U.S. Customs and Border Protection; 
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‘‘(D) the Office of the United States Trade 
Representative; 
‘‘(E) the United States Agency for Inter-
national Development; 
‘‘(F) the Department of the Interior; 
‘‘(G) the Department of Justice; and 
‘‘(H) such other Federal agencies as the 
Trade Representative considers appropriate. 
‘‘(3) 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 (1). 
‘‘(g) ADVISORY COMMITTEE.— 
‘‘(1) IN GENERAL.—The Trade Representative 
shall establish an advisory committee to provide ad-
vice and recommendations to the Trade Representa-
tive and the heads of other relevant Federal agencies 
on the implementation of this section. 
‘‘(2) MEMBERSHIP.—The advisory committee 
established under paragraph (1) shall be made up of 
12 individuals— 
‘‘(A) five of whom shall be representatives 
of institutions of higher education or non-
governmental organizations with expertise rel-
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evant to international deforestation, associated 
human rights abuses, or trade; 
‘‘(B) five of whom shall be representatives 
of industry; and 
‘‘(C) two of whom shall be representatives 
of labor organizations. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) DEFORESTATION.—The term ‘deforest-
ation’ means a loss of natural forest resulting from 
the whole or partial conversion of natural forest to— 
‘‘(A) agricultural use or another non-forest 
land use; or 
‘‘(B) a tree plantation. 
‘‘(2) HTS.—The term ‘HTS’ means the Har-
monized Tariff Schedule of the United States. 
‘‘(3) ILLEGAL DEFORESTATION.—The term ‘il-
legal deforestation’ means deforestation conducted in 
violation of the law (or any action that has the force 
and effect of law) of the country in which the defor-
estation is occurring, including— 
‘‘(A) anti-corruption laws; 
‘‘(B) laws relating to land tenure rights; 
and 
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‘‘(C) laws relating to the free, prior, and 
informed consent of indigenous peoples and 
local communities. 
‘‘(4) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given the term ‘Indian tribe’ in sec-
tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
‘‘(5) NATURAL
FOREST.—The term ‘natural 
forest’ means a natural arboreal ecosystem that— 
‘‘(A) has a species composition a signifi-
cant percentage of which is native species; and 
‘‘(B) includes— 
‘‘(i) a native tree canopy cover of 
more than 10 percent over an area of not 
less 0.5 hectares; or 
‘‘(ii) other wooded land with a com-
bined cover of shrubs, bushes, and trees of 
more than 10 percent over an area of not 
less than 0.5 hectares. 
‘‘(6) POINT OF ORIGIN.— 
‘‘(A) IN GENERAL.—The term ‘point of or-
igin’, with respect to a covered commodity, 
means the geographical location, identified by 
the smallest administrative unit of land possible 
(such as a concession, farm, ranch, property, or 
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other type of public or private land allocation), 
where the covered commodity was produced. 
‘‘(B) APPLICATION TO LIVESTOCK.—In the 
case of livestock, the term ‘point of origin’ in-
cludes all geographic locations where that ani-
mal existed from birth to slaughter. 
‘‘(7) PRODUCE.— 
‘‘(A) IN GENERAL.—Except as provided by 
subparagraph (B), the term ‘produce’ means 
growing, harvesting, rearing, collecting, extract-
ing, or otherwise producing a commodity. 
‘‘(B) EXCLUSION.—The term ‘produce’ 
does not include refining or manufacturing. 
‘‘(8) SUPPLY CHAIN.—The term ‘supply chain’ 
means the end-to-end process for getting commod-
ities or products to the United States, beginning at 
the point of origin and including all points until 
entry into the United States, including refiners, 
manufacturers, suppliers, distributors, or vendors. 
‘‘(9) WHOLLY OR IN PART.— 
‘‘(A) IN GENERAL.—The term ‘wholly or in 
part’ shall have the meaning given that term in 
regulations. 
‘‘(B) 
REGULATIONS.—Regulations 
pre-
scribed under subsection (b) of the FOREST 
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Act of 2021 shall define the term ‘wholly or in 
part’ in a manner designed to limit the admin-
istrative burden on the importer of record while 
deterring illegal deforestation.’’. 
(b) REGULATIONS.—Not later than one year after the 
date of the enactment of this Act, the Commissioner of 
U.S. Customs and Border Protection and the United 
States Trade Representative shall publish final regulations 
for implementing section 527A of the Tariff Act of 1930, 
as added by subsection (a). 
SEC. 4. FOREIGN ASSISTANCE FOR COUNTRIES COMMIT-
TED TO ELIMINATING DEFORESTATION. 
(a) 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 practicable. 
(b) ESTABLISHMENT OF FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury of the United States a fund, consisting of 
amounts authorized to be appropriated or appro-
priated under paragraph (2) or (3). 
(2) DEPOSITS TO THE FUND.—There are au-
thorized to be appropriated, and there are appro-
priated, to the fund established under paragraph (1) 
for fiscal year 2022 and each fiscal year thereafter 
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an amount equivalent to the amount of penalties es-
timated by the Secretary of the Treasury to be col-
lected under section 527A(e) of the Tariff Act of 
1930, as added by section 3, in that fiscal year. 
(3) ADDITIONAL
AUTHORIZATION
OF
APPRO-
PRIATIONS.—In addition to amounts authorized to 
be appropriated under paragraph (2), there are au-
thorized to be appropriated to the fund established 
under paragraph (1) $30,000,000 to carry out this 
section. 
(4) AVAILABILITY OF FUNDS.—Amounts in the 
fund established under paragraph (1) shall be avail-
able as follows: 
(A) $20,000,000 shall be available to the 
Secretary of State— 
(i) to provide financial and technical 
assistance and other resources to the gov-
ernments of countries and implementing 
partners that are working to complete the 
benchmarks in action plans developed 
under section 527A(d) of the Tariff Act of 
1930, as added by section 3; 
(ii) to provide assistance for inter-
national efforts to combat deforestation; 
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(iii) to provide assistance to civil soci-
ety, indigenous peoples, and local residents 
in foreign countries to engage in efforts to 
combat deforestation; and 
(iv) to be transferred, notwithstanding 
section 3302 of title 31, United States 
Code, to the Administrator of the United 
States Agency for International Develop-
ment and the heads of other appropriate 
Federal agencies to provide assistance 
under clauses (i), (ii), and (iii). 
(B) $8,000,000 shall be available to the 
Commissioner of U.S. Customs and Border 
Protection— 
(i) to carry out the duties of the Com-
missioner under section 527A of the Tariff 
Act of 1930, as added by section 3; and 
(ii) to be transferred, notwithstanding 
section 3302 of title 31, United States 
Code, to the Secretary of Agriculture and 
the Secretary of the Interior for moni-
toring, audits, enforcement, and other du-
ties assigned under such section 527A. 
(C) $3,000,000 shall be available to the 
United States Trade Representative to carry 
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