118 S3721 IS: Strengthen Wood Products Supply Chain Act of 2024
U.S. Senate
2024-02-01
text/xml
EN
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II
118th CONGRESS
2d Session
S. 3721
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.
1.

Short title
This Act may be cited as the “Strengthen Wood Products Supply Chain Act of 2024”.
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.
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.