[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3721 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3721

   To prescribe requirements with respect to plants detained by the 
Secretary of the Interior on suspicion of a violation of the Lacey Act 
              Amendments of 1981, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2024

 Mr. Ricketts (for himself, Mr. Wicker, and Mrs. Britt) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To prescribe requirements with respect to plants detained by the 
Secretary of the Interior on suspicion of a violation of the Lacey Act 
              Amendments of 1981, and for other purposes.

    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 Products Supply 
Chain Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Importer.--The term ``importer'' means any person that 
        seeks to import (as defined in section 2 of the Lacey Act (16 
        U.S.C. 3371)) plants.
            (2) Lacey act.--The term ``Lacey Act'' means the Lacey Act 
        Amendments of 1981 (16 U.S.C. 3371 et seq.).
            (3) Plant.--The term ``plant'' has the meaning given the 
        term in section 2 of the Lacey Act (16 U.S.C. 3371).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.

SEC. 3. DETENTION OF PLANTS UNDER THE LACEY ACT.

    (a) In General.--Notwithstanding any other provision of law, not 
later than 5 days (excluding weekends and Federal holidays) after the 
date on which plants are presented by the U.S. Customs and Border 
Protection to the Secretary for physical examination on suspicion of a 
violation of the Lacey Act, the Secretary shall--
            (1) release the plants; or
            (2) issue to the importer a notice of detention in 
        accordance with subsection (b).
    (b) Notice of Detention.--A notice of detention issued by the 
Secretary under subsection (a)(2) shall include--
            (1) the specific reasons for which the detention of the 
        applicable plants was initiated, including the date on which 
        the plants were presented to the Secretary for examination;
            (2) the anticipated length of detention;
            (3) the nature of the tests or inquiries to be conducted on 
        the applicable plants;
            (4) the nature of any information that, if supplied to the 
        Secretary, would accelerate the disposition of the detention; 
        and
            (5) a notice to inform the importer that the importer may 
        apply to the Secretary and the U.S. Customs and Border 
        Protection to transport the plants under bond to be examined at 
        a location other than a location under the control of the 
        Secretary.
    (c) Administrative and Physical Inspections.--If the Secretary 
conducts any tests of plants presented for physical examination under 
subsection (a) for appraisement, classification, or other official 
purposes, the Secretary shall provide to the importer--
            (1) the results of that testing;
            (2) sufficient information about the testing conducted so 
        that the importer has the ability to replicate the test; and
            (3) any applicable accompanying documentation relating to 
        that testing.
    (d) Transport of Plants.--Not later than 10 days after the date on 
which a notice of detention is issued to an importer by the Secretary 
under subsection (a)(2), the Secretary shall allow the applicable 
plants to be transported outside the custody of the U.S. Customs and 
Border Protection for purposes of storage if--
            (1) the importer requests the transfer;
            (2) the importer--
                    (A) pays any required demurrage and storage fees 
                with respect to those plants;
                    (B) provides a bond for removal of the plants from 
                facilities of the U.S. Customs and Border Protection; 
                and
                    (C) complies with sections 151.7 through 151.11 of 
                title 19, Code of Federal Regulations (or successor 
                regulations); and
            (3) the intent of the Lacey Act would not be frustrated by 
        moving the plants outside the control of the U.S. Customs and 
        Border Protection, as determined by the Secretary.
    (e) Final Determinations.--
            (1) In general.--Not later than 30 days after the date on 
        which plants are presented to the Secretary for examination 
        under subsection (a), the Secretary shall make a final 
        determination with respect to the admissibility of the detained 
        plants.
            (2) Failure to make final determination.--If the Secretary 
        fails to make a final determination with respect to detained 
        plants in accordance with the timeline described in paragraph 
        (1), the failure shall be treated as a decision by the 
        Secretary to exclude the plants from entry or delivery, or a 
        demand for redelivery to the custody of the U.S. Customs and 
        Border Protection, under the customs laws.
            (3) Protests.--
                    (A) In general.--An importer may submit to the 
                Secretary a protest of the decision of the Secretary to 
                exclude a plant pursuant to this subsection.
                    (B) Decision by secretary.--Not later than 30 days 
                after the date on which an importer submits a protest 
                under subparagraph (A), the Secretary shall--
                            (i) allow the protest and release to the 
                        importer each plant subject to the protest; or
                            (ii) deny the protest.
                    (C) Court action.--In accordance with part 12 of 
                subchapter B of chapter I of title 50, Code of Federal 
                Regulations (or successor regulations), an importer may 
                petition a court of competent jurisdiction to seek an 
                order with respect to plants--
                            (i) detained by the Secretary; or
                            (ii) excluded by the Secretary pursuant to 
                        this subsection.
    (f) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall promulgate regulations to 
carry out this section.
                                 <all>