Bill Summary
The "Strengthen Wood Products Supply Chain Act of 2025" is a proposed piece of legislation aimed at enhancing the enforcement of the Lacey Act, which protects against illegal trade in plants and wildlife. This bill establishes specific protocols for the detention of plants suspected of violating the Lacey Act. Key provisions include:
1. **Detention Process**: The Secretary of the Interior must either release detained plants or issue a notice of detention within five days of their presentation for examination by U.S. Customs and Border Protection.
2. **Notice Requirements**: If plants are detained, the notice must include reasons for detention, anticipated duration, tests or inquiries to be conducted, and information needed to expedite processing.
3. **Testing Information**: The Secretary must provide importers with the results of any testing, details needed to replicate tests, and relevant documentation.
4. **Transport of Detained Plants**: Importers may request to transport detained plants under certain conditions, including payment of fees and compliance with regulations, provided that the intent of the Lacey Act is maintained.
5. **Final Determinations**: The Secretary must make a final determination regarding the admissibility of detained plants within 30 days. If this timeframe is not met, the plants are treated as excluded.
6. **Protests and Appeals**: Importers have the right to protest the Secretary's decision to exclude plants and may seek court intervention if necessary.
The bill mandates the Secretary to create regulations within 180 days of enactment to implement these processes effectively. Overall, the legislation aims to streamline procedures and increase transparency and accountability in the handling of detained plants suspected of Lacey Act violations.
Possible Impacts
Here are three examples of how the "Strengthen Wood Products Supply Chain Act of 2025" could affect people:
1. **Importers and Businesses**: Importers of plants will face stricter regulations and timelines when their products are detained on suspicion of violating the Lacey Act. The requirement for the Secretary of the Interior to issue a notice of detention within a specific timeframe (5 days) and to make a final determination within 30 days will add a layer of transparency and accountability. However, this may also lead to delays in the supply chain, potentially impacting businesses that rely on timely imports for their operations.
2. **Environmental Impact and Conservation**: The Act's enforcement of the Lacey Act aims to prevent the importation of illegally sourced plants, which can contribute to deforestation and loss of biodiversity. This could positively affect communities and ecosystems, as it may help to protect endangered species and promote sustainable practices. Individuals and organizations focused on conservation may feel empowered by stronger protections against illegal trade.
3. **Legal and Administrative Challenges**: The Act allows importers to protest decisions made by the Secretary regarding the admissibility of detained plants. This could create legal complexities for businesses, as they may need to prepare for possible court actions or administrative appeals if their plants are excluded or detained. This process may require additional resources, legal expertise, and time, impacting smaller importers more significantly than larger businesses that can absorb these costs.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2804 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2804
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
September 15, 2025
Mr. Ricketts (for himself, Mrs. Britt, and Mr. Wicker) 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 2025''.
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.
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