II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthen Wood 

5 Products Supply Chain Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) IMPORTER.—The term ‘‘importer’’ means 

2 any person that seeks to import (as defined in sec3 tion 2 of the Lacey Act (16 U.S.C. 3371)) plants. 

4 (2) LACEY ACT.—The term ‘‘Lacey Act’’ means 

5 the Lacey Act Amendments of 1981 (16 U.S.C. 

6 3371 et seq.). 

7 (3) PLANT.—The term ‘‘plant’’ has the mean8 ing given the term in section 2 of the Lacey Act (16 

9 U.S.C. 3371). 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior, acting through the Di12 rector of the United States Fish and Wildlife Serv13 ice. 

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

15 (a) IN GENERAL.—Notwithstanding any other provi16 sion of law, not later than 5 days (excluding weekends and 

17 Federal holidays) after the date on which plants are pre18 sented by the U.S. Customs and Border Protection to the 

19 Secretary for physical examination on suspicion of a viola20 tion of the Lacey Act, the Secretary shall— 

21 (1) release the plants; or 

22 (2) issue to the importer a notice of detention 

23 in accordance with subsection (b). 


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1 (b) NOTICE OF DETENTION.—A notice of detention 

2 issued by the Secretary under subsection (a)(2) shall in3 clude— 

4 (1) the specific reasons for which the detention 

5 of the applicable plants was initiated, including the 

6 date on which the plants were presented to the Sec7 retary for examination; 

8 (2) the anticipated length of detention; 

9 (3) the nature of the tests or inquiries to be 

10 conducted on the applicable plants; 

11 (4) the nature of any information that, if sup12 plied to the Secretary, would accelerate the disposi13 tion of the detention; and 

14 (5) a notice to inform the importer that the im15 porter may apply to the Secretary and the U.S. Cus16 toms and Border Protection to transport the plants 

17 under bond to be examined at a location other than 

18 a location under the control of the Secretary. 

19 (c) ADMINISTRATIVE AND PHYSICAL INSPECTIONS.— 

20 If the Secretary conducts any tests of plants presented 

21 for physical examination under subsection (a) for ap22 praisement, classification, or other official purposes, the 

23 Secretary shall provide to the importer— 

24 (1) the results of that testing; 


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1 (2) sufficient information about the testing con2 ducted so that the importer has the ability to rep3 licate the test; and 

4 (3) any applicable accompanying documentation 

5 relating to that testing. 

6 (d) TRANSPORT OF PLANTS.—Not later than 10 days 

7 after the date on which a notice of detention is issued to 

8 an importer by the Secretary under subsection (a)(2), the 

9 Secretary shall allow the applicable plants to be trans10 ported outside the custody of the U.S. Customs and Bor11 der Protection for purposes of storage if— 

12 (1) the importer requests the transfer; 

13 (2) the importer— 

14 (A) pays any required demurrage and stor15 age fees with respect to those plants; 

16 (B) provides a bond for removal of the 

17 plants from facilities of the U.S. Customs and 

18 Border Protection; and 

19 (C) complies with sections 151.7 through 

20 151.11 of title 19, Code of Federal Regulations 

21 (or successor regulations); and 

22 (3) the intent of the Lacey Act would not be 

23 frustrated by moving the plants outside the control 

24 of the U.S. Customs and Border Protection, as de25 termined by the Secretary. 


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1 (e) FINAL DETERMINATIONS.— 

2 (1) IN GENERAL.—Not later than 30 days after 

3 the date on which plants are presented to the Sec4 retary for examination under subsection (a), the 

5 Secretary shall make a final determination with re6 spect to the admissibility of the detained plants. 

7 (2) FAILURE TO MAKE FINAL DETERMINA8 TION.—If the Secretary fails to make a final deter9 mination with respect to detained plants in accord10 ance with the timeline described in paragraph (1), 

11 the failure shall be treated as a decision by the Sec12 retary to exclude the plants from entry or delivery, 

13 or a demand for redelivery to the custody of the 

14 U.S. Customs and Border Protection, under the cus15 toms laws. 

16 (3) PROTESTS.— 

17 (A) IN GENERAL.—An importer may sub18 mit to the Secretary a protest of the decision of 

19 the Secretary to exclude a plant pursuant to 

20 this subsection. 

21 (B) DECISION BY SECRETARY.—Not later 

22 than 30 days after the date on which an im23 porter submits a protest under subparagraph 

24 (A), the Secretary shall— 


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1 (i) allow the protest and release to the 

2 importer each plant subject to the protest; 

3 or 

4 (ii) deny the protest. 

5 (C) COURT ACTION.—In accordance with 

6 part 12 of subchapter B of chapter I of title 50, 

7 Code of Federal Regulations (or successor regu8 lations), an importer may petition a court of 

9 competent jurisdiction to seek an order with re10 spect to plants— 

11 (i) detained by the Secretary; or 

12 (ii) excluded by the Secretary pursu13 ant to this subsection. 

14 (f) REGULATIONS.—Not later than 180 days after 

15 the date of enactment of this Act, the Secretary shall pro16 mulgate regulations to carry out this section. 

Æ 


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