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I 105TH CONGRESS 2D SESSION H. R. 3771 To prohibit the Secretary of Agriculture from implementing a rule that would allow the importation of papayas that are the product of Brazil into the continental United States, Alaska, Puerto Rico, or the Virgin Islands of the United States until certain conditions are met, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 30, 1998 Mr. DEUTSCH (for himself and Mr. FOLEY) introduced the following bill; which was referred to the Committee on Ways and Means, and in addi- tion to the Committee on Agriculture, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the Secretary of Agriculture from implementing a rule that would allow the importation of papayas that are the product of Brazil into the continental United States, Alaska, Puerto Rico, or the Virgin Islands of the United States until certain conditions are met, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 2 •HR 3771 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Sound Science, Safe 2 Imports, and Healthy Communities Act of 1998’’. 3 SEC. 2. IMPORTATION OF PAPAYAS FROM BRAZIL. 4 The Secretary of Agriculture may not implement a 5 proposed or final rule that would allow the importation 6 of papayas that are the product of Brazil into the con- 7 tinental United States, Alaska, Puerto Rico, or the Virgin 8 Islands of the United States unless and until the Secretary 9 establishes— 10 (1) a quarantine treatment protocol, under di- 11 rect onsite supervision of appropriate officials of the 12 United States Department of Agriculture, for pa- 13 payas that are the product of Brazil to prevent the 14 introduction of the Mediterranean fruit fly and the 15 South American fruit fly, and any other internation- 16 ally recognized destructive plant pest or disease; and 17 (2) a program to prevent the introduction of 18 the Mediterranean fruit fly and the South American 19 fruit fly, and any other internationally recognized 20 destructive plant pest or disease from Brazil into 21 Florida through the inspection of all freight, com- 22 mercial vessels, commercial aircraft, commercial 23 trucks, and railroad cars destined for Florida. 24 3 •HR 3771 IH SEC. 3. PROTECTION OF ENVIRONMENTAL QUALITY. 1 The Secretary may not implement a proposed or final 2 rule that would allow the importation of papayas that are 3 the product of Brazil into the continental United States, 4 Alaska, Puerto Rico, or the Virgin Islands of the United 5 States unless and until the Secretary determines, in writ- 6 ing, after completing an environmental impact statement 7 on the rule in accordance with section 103(2)(C) of the 8 National Environmental Policy Act of 1969 (42 U.S.C. 9 4332(2)(C))— 10 (1) that— 11 (A) a treatment in the country of origin, 12 supervised onsite by appropriate officials of the 13 United States Department of Agriculture, can 14 effectively eradicate the Mediterranean fruit fly 15 and the South American fruit fly, and any 16 other internationally recognized destructive 17 plant pest or disease; or 18 (B) the area in Brazil from which papayas 19 are to be shipped is certified by the Secretary 20 as an area free of the flies and pests described 21 in paragraph (1); and 22 (2) that— 23 (A) the proposed or final rule will prevent 24 the introduction or dissemination of the Medi- 25 terranean fruit fly and the South American 26 4 •HR 3771 IH fruit fly, or any other internationally recognized 1 destructive plant pest or disease from Brazil; 2 and 3 (B) if such fruit fly or plant pest or dis- 4 ease is introduced into any part of the continen- 5 tal United States, Alaska, Puerto Rico, or the 6 Virgin Islands of the United States from Brazil, 7 the Secretary will immediately begin the effec- 8 tive eradication of such fruit fly or plant pest 9 or disease and conduct such eradication pro- 10 gram with the least impact possible on humans, 11 the environment, and the community concerned. 12 Æ