Strengthen Wood Products Supply Chain

Summary#

This bill sets rules for how the Department of the Interior, acting through the U.S. Fish and Wildlife Service (the Secretary), must handle imported plants when they are presented for physical examination on suspicion of violating the Lacey Act. It defines key terms (importer, Lacey Act, plant, Secretary) and requires fast actions and clear notices when plants are detained.

Under the bill, within 5 days (excluding weekends and federal holidays) after Customs and Border Protection presents plants to the Secretary for examination, the Secretary must either release the plants or issue a written notice of detention. The notice must say why the plants were detained, the date presented, how long detention is expected, what tests or inquiries will be done, what information would speed up the decision, and that the importer may apply to move the plants under bond to another examination location.

If the Secretary conducts tests for appraisement, classification, or other official purposes, the Secretary must provide the importer the test results, enough information to replicate the test, and any related documentation. Within 10 days after a notice of detention, the Secretary must allow the plants to be moved out of Customs custody for storage if the importer requests it, pays required demurrage and storage fees, posts a removal bond, complies with specified customs regulations, and the move would not frustrate the intent of the Lacey Act.

The Secretary must make a final determination about admissibility within 30 days after presentation. If the Secretary misses that deadline, the failure is treated as a decision to exclude the plants or demand their redelivery under customs laws. Importers may protest the Secretary's exclusion decision; the Secretary then has 30 days to allow the protest and release the plants or deny it. Importers may seek court review under applicable regulations. The Secretary must issue regulations to implement these rules within 180 days after enactment.

What it means for you#

• If you import plants, Customs may send the plants to the U.S. Fish and Wildlife Service for examination on suspicion of a Lacey Act violation.
• You should receive a detention notice within 5 days or the plants should be released.
• The notice must explain the reason for detention, expected length, tests to be done, what information would help, and that you may request transport under bond.
• If tests are run, you must be given the results and enough detail to replicate the tests and the related documents.
• You can request the plants be moved out of Customs custody for storage within 10 days of the notice if you pay demurrage/storage fees, provide a bond, follow certain customs rules, and the Secretary agrees the move does not frustrate the Lacey Act.
• The Secretary must decide whether to admit the plants within 30 days; you may protest and seek a court order under the cited regulations if needed.

Expenses#

• The bill text requires that an importer who requests transfer of detained plants pay any required demurrage and storage fees and provide a bond for removal.
• The bill does not include an estimate of costs to the Department of the Interior or other federal agencies. No publicly available information on federal cost estimates is provided in the bill text or metadata.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.