119-hr2239

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2239 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2239

To amend the Lacey Act Amendments of 1981 to ensure fair enforcement of 
 such Act.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 18, 2025

 Mr. Yakym (for himself and Mr. Costa) introduced the following bill; 
 which was referred to the Committee on Natural Resources

_______________________________________________________________________

 A BILL

To amend the Lacey Act Amendments of 1981 to ensure fair enforcement of 
 such Act.

 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 Product Supply 
Chains Act of 2025''.

SEC. 2. FAIR ENFORCEMENT OF LACEY ACT AMENDMENTS OF 1981.

 

Section 6 of the Lacey Act Amendments of 1981 (16 U.S.C. 3375) is 
amended--

    (1) by redesignating subsections
            (c) and
            (d) as subsections
            (d) and

    (e) , respectively; and

    (2) by inserting after subsection

    (b) the following:
 ``
            (c) Merchandise Detained for Inspection.--
 ``

    (1) In general.--If a person authorized under subsection

    (a) to enforce this Act detains merchandise under this section, 
 the Secretary shall, not later than 5 days after the date on 
 which such detention is initiated--
 ``
        (A) issue to the importer of such detained 
 merchandise a notice of detention; or
 ``
        (B) release to such importer the detained 
 merchandise.
 ``

    (2) Notice of detention.--A notice of detention described 
 in paragraph

    (1)
        (A) shall include the following:
 ``
        (A) A statement of the initiation of the 
 detention, including the date on which the detained 
 merchandise was detained for inspection.
 ``
        (B) A specific reason for the detention.
 ``
            (C) The anticipated length of the detention.
 ``
            (D) A description of the tests or inquiries the 
 Secretary will conduct with regard to the detained 
 merchandise.
 ``
        (E) A description of information, if any, that, 
 if supplied to the Secretary, may accelerate the 
 disposition of the detention.
 ``

    (3) Transportation of detained merchandise to other 
 location.--Not later than 10 days after the date on which the 
 Secretary issues a notice of detention under paragraph

    (1) for 
 detained merchandise, the Secretary shall allow the importer of 
 such detained merchandise to transport such detained 
 merchandise to a location that is not under the control of the 
 United States if--
 ``
        (A) the importer--
 ``
            (i) requests the transfer;
 ``
            (ii) pays all demurrage and storage fees 
 associated with the detained merchandise; and
 ``
            (iii) provides a bond for removal from 
 the custody of the United States; and
 ``
        (B) the Secretary determines that such 
 transportation will not frustrate the intent of this 
 Act.
 ``

    (4) Replication of tests.--If the Secretary conducts 
 tests on detained merchandise, the Secretary shall provide the 
 importer of such detained merchandise with--
 ``
        (A) the results of such tests; and
 ``
        (B) information sufficient for the importer to 
 replicate such tests.
 ``

    (5) Release or seizure.--
 ``
        (A) In general.--Not later than 30 days after the 
 date on which merchandise is detained for inspection 
 under this section, the Secretary shall--
 ``
            (i) release such detained merchandise to 
 the importer of such detained merchandise; or
 ``
            (ii) seize such detained merchandise and 
 issue a notification to the importer of such 
 detained merchandise that such detained 
 merchandise has been seized.
 ``
        (B) Failure to release or seize.--If the 
 Secretary fails to release or seize detained 
 merchandise under subparagraph
        (A) within the time 
 period described in that subparagraph, such failure 
 shall be deemed a seizure under subparagraph
        (A)
            (ii) .
 ``

    (6) Administrative review.--
 ``
        (A) In general.--An importer of detained 
 merchandise may submit to the Secretary a request for 
 administrative review of a seizure or deemed seizure of 
 such detained merchandise under subparagraph
        (A)
            (ii) or
        (B) of paragraph

    (5) , respectively.
 ``
        (B) Disposition of request.--Not later than 30 
 days after the date on which a request for 
 administrative review is submitted by an importer under 
 subparagraph
        (A) , the Secretary shall--
 ``
            (i) release to such importer the detained 
 merchandise that is the subject of such 
 request; or
 ``
            (ii) affirm the seizure or deemed seizure 
 under subparagraph
        (A)
            (ii) or
        (B) of paragraph

    (5) , respectively, that is the subject of such 
 request.
 ``
            (C) Eligibility to file claim.--If the Secretary, 
 pursuant to a request for administrative review 
 submitted by an importer of detained merchandise under 
 subparagraph
        (A) --
 ``
            (i) affirms the seizure or deemed seizure 
 of such detained merchandise under subparagraph
        (B)
            (ii) ; or
 ``
            (ii) fails to release or affirm the 
 seizure or deemed seizure of such detained 
 merchandise under clause
            (i) or
            (ii) of 
 subparagraph
        (B) , respectively, within the time 
 period described in subparagraph
        (B) ;
 the importer that submitted such request may file a 
 claim for relief in the appropriate district court of 
 the United States.
 ``

    (7) Court proceedings.--In a claim filed under paragraph

    (6)
            (C) 
            (ii) , the court shall grant appropriate relief to the 
 importer of detained merchandise that filed such claim, which 
 may include an order to release such detained merchandise to 
 such importer, unless the Secretary establishes by a 
 preponderance of the evidence that an admissibility decision 
 with respect to such detained merchandise has not been reached 
 for good cause.
 ``

    (8) === Definitions. ===
-In this subsection:
 ``
        (A) Detained merchandise.--The term `detained 
 merchandise' means merchandise that is detained for 
 inspection under this section.
 ``
        (B) Merchandise.--The term `merchandise' means 
 any fish or wildlife or plant imported for sale.''.
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