[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3771 Introduced in House (IH)]







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 addition 
   to the Committee on Agriculture, for a period to be subsequently 
   determined 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sound Science, Safe Imports, and 
Healthy Communities Act of 1998''.

SEC. 2. IMPORTATION OF PAPAYAS FROM BRAZIL.

    The Secretary of Agriculture may not implement a proposed or final 
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 unless and until the Secretary 
establishes--
            (1) a quarantine treatment protocol, under direct onsite 
        supervision of appropriate officials of the United States 
        Department of Agriculture, for papayas that are the product of 
        Brazil to prevent the introduction of the Mediterranean fruit 
        fly and the South American fruit fly, and any other 
        internationally recognized destructive plant pest or disease; 
        and
            (2) a program to prevent the introduction of the 
        Mediterranean fruit fly and the South American fruit fly, and 
        any other internationally recognized destructive plant pest or 
        disease from Brazil into Florida through the inspection of all 
        freight, commercial vessels, commercial aircraft, commercial 
        trucks, and railroad cars destined for Florida.

SEC. 3. PROTECTION OF ENVIRONMENTAL QUALITY.

    The Secretary may not implement a proposed or final 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 unless and until the Secretary determines, 
in writing, after completing an environmental impact statement on the 
rule in accordance with section 103(2)(C) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)(C))--
            (1) that--
                    (A) a treatment in the country of origin, 
                supervised onsite by appropriate officials of the 
                United States Department of Agriculture, can 
                effectively eradicate the Mediterranean fruit fly and 
                the South American fruit fly, and any other 
                internationally recognized destructive plant pest or 
                disease; or
                    (B) the area in Brazil from which papayas are to be 
                shipped is certified by the Secretary as an area free 
                of the flies and pests described in paragraph (1); and
            (2) that--
                    (A) the proposed or final rule will prevent the 
                introduction or dissemination of the Mediterranean 
                fruit fly and the South American fruit fly, or any 
                other internationally recognized destructive plant pest 
                or disease from Brazil; and
                    (B) if such fruit fly or plant pest or disease is 
                introduced into any part of the continental United 
                States, Alaska, Puerto Rico, or the Virgin Islands of 
                the United States from Brazil, the Secretary will 
                immediately begin the effective eradication of such 
                fruit fly or plant pest or disease and conduct such 
                eradication program with the least impact possible on 
                humans, the environment, and the community concerned.
                                 <all>