I 
110TH CONGRESS 
1ST SESSION H. R. 1706 
To provide for assistance to United States exporters of certain fruits and 
vegetables in order to ensure better access to foreign markets. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2007 
Mr. NUNES (for himself and Mr. THOMPSON of California) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture, and in 
addition to the Committees on Ways and Means and Homeland Security, 
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 provide for assistance to United States exporters of cer-
tain fruits and vegetables in order to ensure better access 
to foreign markets. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Spe-
cialty Crop Export Opportunities Act of 2007’’. 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
SEC. 2. REGULATION OF EXPORTS OF PLANTS, PLANT 
PRODUCTS, BIOLOGICAL CONTROL ORGA-
NISMS, AND NOXIOUS WEEDS. 
(a) IN GENERAL.—Subtitle A of title IV of the Agri-
cultural Risk Protection Act of 2000 (7 U.S.C. 7701 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 420. REGULATION OF EXPORTS OF PLANTS, PLANT 
PRODUCTS, BIOLOGICAL CONTROL ORGA-
NISMS, AND NOXIOUS WEEDS. 
‘‘(a) IN GENERAL.—The Secretary may regulate 
plants, plant products, biological control organisms, and 
noxious weeds for export purposes. 
‘‘(b) DUTIES.—The Secretary shall— 
‘‘(1) coordinate fruit and vegetable market 
analyses with the private sector and the Adminis-
trator of the Foreign Agricultural Service; and 
‘‘(2) make publicly available on an Internet 
website— 
‘‘(A) the status of all export petitions; 
‘‘(B) to the greatest extent possible, an ex-
planation of the sanitary or phytosanitary 
issues associated with each pending export peti-
tion; and 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
‘‘(C) to the greatest extent possible, infor-
mation on the import requirements of foreign 
countries for fruits and vegetables. 
‘‘(c) REGULATIONS.—The Secretary may issue regu-
lations to implement this section.’’. 
(b) TABLE OF CONTENTS.—The table of contents in 
section 1(b) of such Act (7 U.S.C. 1501 note) is amended 
by inserting after the item relating to section 419 the fol-
lowing new item: 
‘‘Sec. 420. Regulation of exports of plants, plant products, biological control or-
ganisms, and noxious weeds.’’. 
SEC. 3. RESTORATION OF IMPORT AND ENTRY AGRICUL-
TURAL INSPECTION FUNCTIONS TO THE DE-
PARTMENT OF AGRICULTURE. 
(a) REPEAL OF TRANSFER OF FUNCTIONS.—Section 
421 of the Homeland Security Act of 2002 (6 U.S.C. 231) 
is repealed. 
(b) CONFORMING AMENDMENT
TO FUNCTION
OF 
SECRETARY OF HOMELAND SECURITY.—Section 402 of 
the Homeland Security Act of 2002 (6 U.S.C. 202) is 
amended— 
(1) by striking paragraph (7); and 
(2) by redesignating paragraph (8) as para-
graph (7). 
(c) TRANSFER AGREEMENT.— 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
(1) IN GENERAL.—Not later than the effective 
date described in subsection (g), the Secretary of 
Agriculture and the Secretary of Homeland Security 
shall enter into an agreement to effectuate the re-
turn of functions required by the amendments made 
by this section. 
(2) USE OF CERTAIN EMPLOYEES.—The agree-
ment may include authority for the Secretary of Ag-
riculture to use employees of the Department of 
Homeland Security to carry out authorities dele-
gated to the Animal and Plant Health Inspection 
Service regarding the protection of domestic live-
stock and plants. 
(d) RESTORATION
OF
DEPARTMENT
OF
AGRI-
CULTURE EMPLOYEES.—Not later than the effective date 
described in subsection (e), all full-time equivalent posi-
tions of the Department of Agriculture transferred to the 
Department of Homeland Security under section 421(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 231(g)) 
(as in effect on the day before the effective date described 
in subsection (g)) shall be restored to the Department of 
Agriculture. 
(e) AUTHORITY OF APHIS.— 
(1) ESTABLISHMENT OF PROGRAM.—The Sec-
retary of Agriculture shall establish within the Ani-
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
mal and Plant Health Inspection Service a program, 
to be known as the ‘‘International Agricultural In-
spection Program’’, under which the Administrator 
of the Animal and Plant Health Inspection Service 
(referred to in this subsection as the ‘‘Adminis-
trator’’) shall carry out import and entry agricul-
tural inspections. 
(2) INFORMATION
GATHERING
AND
INSPEC-
TIONS.—In carrying out the program under para-
graph (1), the Administrator shall have full access 
to— 
(A) each secure area of any terminal for 
screening passengers or cargo under the control 
of the Department of Homeland Security on the 
day before the date of enactment of this Act for 
purposes of carrying out inspections and gath-
ering information; and 
(B) each database (including any database 
relating to cargo manifests or employee and 
business records) under the control of the De-
partment of Homeland Security on the day be-
fore the date of enactment of this Act for pur-
poses of gathering information. 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
(3) INSPECTION
ALERTS.—The Administrator 
may issue inspection alerts, including by indicating 
cargo to be held for immediate inspection. 
(4) INSPECTION
USER
FEES.—The Adminis-
trator may, as applicable— 
(A) continue to collect any agricultural 
quarantine inspection user fee; and 
(B) administer any reserve account for the 
fees. 
(5) CAREER TRACK PROGRAM.— 
(A) IN
GENERAL.—The Administrator 
shall establish a program, to be known as the 
‘‘import and entry agriculture inspector career 
track program’’, to support the development of 
long-term career professionals with expertise in 
import and entry agriculture inspection. 
(B) STRATEGIC PLAN AND TRAINING.—In 
carrying out the program under this paragraph, 
the Administrator, in coordination with the Sec-
retary of Agriculture, shall— 
(i) develop a strategic plan to incor-
porate import and entry agricultural in-
spectors into the infrastructure protecting 
food, fiber, forests, bioenergy, and the en-
vironment of the United States from ani-
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
mal and plant pests, diseases, and noxious 
weeds; and 
(ii) as part of the plan under clause 
(i), provide training for import and entry 
agricultural inspectors participating in the 
program not less frequently than once each 
year to improve inspection skills. 
(f) DUTIES OF SECRETARY.— 
(1) IN GENERAL.—The Secretary of Agriculture 
(referred to in this subsection as the ‘‘Secretary’’) 
shall— 
(A) develop standard operating procedures 
for inspection, monitoring, and auditing relating 
to import and entry agricultural inspections, in 
accordance with recommendations from the 
Comptroller General of the United States and 
reports of interagency advisory groups, as appli-
cable; and 
(B) ensure that the Animal and Plant 
Health Inspection Service has a national elec-
tronic system with real-time tracking capability 
for monitoring, tracking, and reporting inspec-
tion activities of the Service. 
(2) FEDERAL AND STATE COOPERATION.— 
VerDate Aug 31 2005 
21:02 Apr 03, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
(A) COMMUNICATION SYSTEM.—The Sec-
retary shall develop and maintain an integrated, 
real-time communication system with respect to 
import and entry agricultural inspections to 
alert State departments of agriculture of sig-
nificant inspection findings of the Animal and 
Plant Health Inspection Service. 
(B) ADVISORY COMMITTEE.— 
(i) ESTABLISHMENT.—The Secretary 
shall establish a committee, to be known as 
the ‘‘International Trade Inspection Advi-
sory Committee’’ (referred to in this sub-
paragraph as the ‘‘committee’’), to advise 
the Secretary on policies and other issues 
relating to import and entry agricultural 
inspection. 
(ii) MODEL.—In establishing the com-
mittee, the Secretary shall use as a model 
the Agricultural Trade Advisory Com-
mittee. 
(iii) MEMBERSHIP.—The committee 
shall be composed of members rep-
resenting— 
(I) State departments of agri-
culture; 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
(II) directors of ports and air-
ports in the United States; 
(III) the transportation industry; 
(IV) the public; and 
(V) such other entities as the 
Secretary determines to be appro-
priate. 
(3) REPORT.—Not less frequently than once 
each year, the Secretary shall submit to Congress a 
report containing an assessment of— 
(A) the resource needs for import and 
entry agricultural inspection, including the 
number of inspectors required; 
(B) the adequacy of— 
(i) inspection and monitoring proce-
dures and facilities in the United States; 
and 
(ii) the strategic plan developed under 
subsection (e)(5)(B)(i); and 
(C) new and potential technologies and 
practices, including recommendations regarding 
the technologies and practices, to improve im-
port and entry agricultural inspection. 
(4) FUNDING.—The Secretary shall pay the 
costs of each import and entry agricultural inspector 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
employed by the Animal and Plant Health Inspec-
tion Service— 
(A) from amounts made available to the 
Department of Agriculture for the applicable 
fiscal year; or 
(B) if amounts described in subparagraph 
(A) are unavailable, from amounts of the Com-
modity Credit Corporation. 
(g) EFFECTIVE DATE.—The amendments made by 
this section take effect on the date that is 180 days after 
the date of enactment of this Act. 
SEC. 4. REPORTS OF TRADE ADVISORY COMMITTEES. 
Whenever the Agricultural Policy Committee on 
Trade or the Agricultural Technical Advisory Committee 
on Trade in Fruits and Vegetables, established under sec-
tion 135 of the Trade Act of 1974, provides any rec-
ommendations to the United States Trade Representative, 
that committee shall at the same time provide those rec-
ommendations to the Committee on Agriculture and the 
Committee on Ways and Means of the House of Rep-
resentatives and to the Committee on Agriculture and the 
Committee on Finance of the Senate. 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
SEC. 5. REPORT ON FOREIGN AGRICULTURAL SERVICE 
STAFFING LEVELS FOR MONITORING OTHER 
COUNTRIES’ 
COMPLIANCE 
WITH 
TRADE 
AGREEMENTS. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Agriculture shall submit 
to Congress a report— 
(1) evaluating the ability of the Foreign Agri-
cultural Service to adequately monitor other coun-
tries’ compliance with the terms of the Uruguay 
Round Agreements and the terms of other agree-
ments (including NAFTA and other bilateral agree-
ments) to ensure that the United States realizes the 
full benefits of these agreements as they relate to 
agricultural commodities; and 
(2) containing the recommending of the Sec-
retary regarding whether current vacancies in the 
monitoring office of the Foreign Agricultural Service 
should be filled. 
SEC. 6. FEASIBILITY REPORT REGARDING EXPORT INDEM-
NIFICATION FOR UNSUBSIDIZED COMMOD-
ITIES. 
Not later than January 1, 2008, the Secretary of Ag-
riculture shall submit to Congress a report evaluating the 
feasibility and cost of establishing an indemnity program 
for exporters of articles classified under chapters 7 and 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
8 of the Harmonized Tariff Schedule of the United States 
that will provide compensation to those exporters when 
they comply fully with United States export and foreign 
country import requirements for the articles, but the arti-
cles are wrongfully denied entry into the foreign country. 
SEC. 7. TREATMENT OF UNSUBSIDIZED COMMODITIES 
UNDER AGREEMENT ON AGRICULTURE. 
The United States Trade Representative shall pro-
pose in the Doha Round of negotiations conducted under 
the auspices of the World Trade Organization that all arti-
cles classified under chapters 7 and 8 of the Harmonized 
Tariff Schedule of the United States be excluded from cov-
erage under article 13 of the Agreement on Agriculture 
referred to in section 101(d)(2) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(2)). 
SEC. 8. SPECIAL EXPORT CREDIT GUARANTEE PROGRAM. 
The Secretary of Agriculture shall establish and 
maintain a program of export credits that is, as nearly 
as may be, identical to the program administered under 
sections 1493.400 through 1493.530 of title 7, Code of 
Federal Regulations, except that— 
(1) either an exporter to, or an importer in, a 
foreign place shall be eligible for a credit guarantee; 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS
(2) the guarantee shall be for a period of 45 
days beginning on the date of issuance of the guar-
antee; and 
(3) the cost of the guarantee shall not exceed 
45 cents for each $100 of coverage purchased. 
SEC. 9. AUTHORIZATION LEVELS FOR EMERGING MARKET 
CREDIT PROGRAM. 
Section 1542 of the Food, Agriculture, Conservation, 
and Trade Act of 1990 (7 U.S.C. 5622 note) is amend-
ed— 
(1) in subsections (a) and (d)(1)(A)(i) by strik-
ing ‘‘2007’’ and inserting ‘‘2013’’; and 
(2) in subsections (a) and (d) (1)(H) by strik-
ing $10,000,000’’ and inserting ‘‘$20,000,000’’. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) NAFTA.—The term ‘‘NAFTA’’ means the 
North American Free Trade Agreement. 
(2) URUGUAY ROUND AGREEMENTS.—The term 
‘‘Uruguay Round Agreements’’ means the agree-
ments referred to in section 101(d) of the Uruguay 
Round Agreements Act (19 U.S.C. 3511(d)). 
Æ 
VerDate Aug 31 2005 
03:30 Mar 30, 2007
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H1706.IH
H1706
hmoore on PROD1PC68 with HMBILLS