[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7157 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7157

To amend the Lacey Act Amendments of 1981 to ensure fair enforcement of 
                               such Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2024

 Mr. Duarte (for himself and Mr. Costa) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Lacey Act Amendments of 1981 to ensure fair enforcement of 
                               such Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthen Wood Product Supply 
Chains Act''.

SEC. 2. FAIR ENFORCEMENT OF LACEY ACT AMENDMENTS OF 1981.

    Section 6 of the Lacey Act Amendments of 1981 (16 U.S.C. 3375) is 
amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Merchandise Detained for Inspection.--
            ``(1) In general.--If a person authorized under subsection 
        (a) to enforce this Act detains merchandise under this section, 
        the Secretary shall, not later than 5 days after the date on 
        which such detention is initiated--
                    ``(A) issue to the importer of such detained 
                merchandise a notice of detention; or
                    ``(B) release to such importer the detained 
                merchandise.
            ``(2) Notice of detention.--A notice of detention described 
        in paragraph (1)(A) shall include the following:
                    ``(A) A statement of the initiation of the 
                detention, including the date on which the detained 
                merchandise was detained for inspection.
                    ``(B) A specific reason for the detention.
                    ``(C) The anticipated length of the detention.
                    ``(D) A description of the tests or inquiries the 
                Secretary will conduct with regard to the detained 
                merchandise.
                    ``(E) A description of information, if any, that, 
                if supplied to the Secretary, may accelerate the 
                disposition of the detention.
            ``(3) Transportation of detained merchandise to other 
        location.--Not later than 10 days after the date on which the 
        Secretary issues a notice of detention under paragraph (1) for 
        detained merchandise, the Secretary shall allow the importer of 
        such detained merchandise to transport such detained 
        merchandise to a location that is not under the control of the 
        United States if--
                    ``(A) the importer--
                            ``(i) requests the transfer;
                            ``(ii) pays all demurrage and storage fees 
                        associated with the detained merchandise; and
                            ``(iii) provides a bond for removal from 
                        the custody of the United States; and
                    ``(B) the Secretary determines that such 
                transportation will not frustrate the intent of this 
                Act.
            ``(4) Replication of tests.--If the Secretary conducts 
        tests on detained merchandise, the Secretary shall provide the 
        importer of such detained merchandise with--
                    ``(A) the results of such tests; and
                    ``(B) information sufficient for the importer to 
                replicate such tests.
            ``(5) Release or seizure.--
                    ``(A) In general.--Not later than 30 days after the 
                date on which merchandise is detained for inspection 
                under this section, the Secretary shall--
                            ``(i) release such detained merchandise to 
                        the importer of such detained merchandise; or
                            ``(ii) seize such detained merchandise and 
                        issue a notification to the importer of such 
                        detained merchandise that such detained 
                        merchandise has been seized.
                    ``(B) Failure to release or seize.--If the 
                Secretary fails to release or seize detained 
                merchandise under subparagraph (A) within the time 
                period described in that subparagraph, such failure 
                shall be deemed a seizure under subparagraph (A)(ii).
            ``(6) Administrative review.--
                    ``(A) In general.--An importer of detained 
                merchandise may submit to the Secretary a request for 
                administrative review of a seizure or deemed seizure of 
                such detained merchandise under subparagraph (A)(ii) or 
                (B) of paragraph (5), respectively.
                    ``(B) Disposition of request.--Not later than 30 
                days after the date on which a request for 
                administrative review is submitted by an importer under 
                subparagraph (A), the Secretary shall--
                            ``(i) release to such importer the detained 
                        merchandise that is the subject of such 
                        request; or
                            ``(ii) affirm the seizure or deemed seizure 
                        under subparagraph (A)(ii) or (B) of paragraph 
                        (5), respectively, that is the subject of such 
                        request.
                    ``(C) Eligibility to file claim.--If the Secretary, 
                pursuant to a request for administrative review 
                submitted by an importer of detained merchandise under 
                subparagraph (A)--
                            ``(i) affirms the seizure or deemed seizure 
                        of such detained merchandise under subparagraph 
                        (B)(ii); or
                            ``(ii) fails to release or affirm the 
                        seizure or deemed seizure of such detained 
                        merchandise under clause (i) or (ii) of 
                        subparagraph (B), respectively, within the time 
                        period described in subparagraph (B);
                the importer that submitted such request may file a 
                claim for relief in the appropriate district court of 
                the United States.
            ``(7) Court proceedings.--In a claim filed under paragraph 
        (6)(C)(ii), the court shall grant appropriate relief to the 
        importer of detained merchandise that filed such claim, which 
        may include an order to release such detained merchandise to 
        such importer, unless the Secretary establishes by a 
        preponderance of the evidence that an admissibility decision 
        with respect to such detained merchandise has not been reached 
        for good cause.
            ``(8) Definitions.--In this subsection:
                    ``(A) Detained merchandise.--The term `detained 
                merchandise' means merchandise that is detained for 
                inspection under this section.
                    ``(B) Merchandise.--The term `merchandise' means 
                any fish or wildlife or plant imported for sale.''.
                                 <all>