S 2906
110th CONGRESS
2d Session
S. 2906
To require a report on invasive agricultural pests and diseases
and sanitary and phytosanitary barriers to trade before initiating negotiations
to enter into a free trade agreement, and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 24, 2008
Mr. CASEY (for himself and Ms. STABENOW) introduced the following bill;
which was read twice and referred to the Committee on Finance
A BILL
To require a report on invasive agricultural pests and diseases
and sanitary and phytosanitary barriers to trade before initiating negotiations
to enter into a free trade agreement, 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 `Agriculture Smart Trade Act'.
SEC. 2. DEFINITIONS.
(1) FREE TRADE AGREEMENT- The term `free trade agreement' means a
trade agreement entered into with a foreign country that provides
for--
(A) the reduction or elimination of duties, import restrictions,
or other barriers to or distortions of trade between the United
States and the foreign country; or
(B) the prohibition of or limitation on the imposition of such barriers
or distortions.
(2) INVASIVE AGRICULTURAL PESTS AND DISEASES- The term `invasive agricultural
pests and diseases' means agricultural pests and diseases, as determined
by the Secretary of Agriculture--
(A) that are not native to ecosystems in the United States; and
(B) the introduction of which causes or is likely to cause economic
or environmental harm or harm to human health.
(3) SANITARY AND PHYTOSANITARY MEASURE- The term `sanitary and phytosanitary
measure' has the meaning given that term in the Agreement on the Application
of Sanitary and Phytosanitary Measures of the World Trade Organization
referred to in section 101(d)(3) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(3)).
SEC. 3. REQUIREMENT FOR REPORTS BEFORE INITIATING NEGOTIATIONS TO
ENTER INTO FREE TRADE AGREEMENTS.
(a) In General- Not later than 90 days before the date on which the
President initiates formal negotiations with a foreign country to enter
into a free trade agreement with that country, the President shall submit
to Congress a report on--
(1) invasive agricultural pests or diseases in that country; and
(2) sanitary or phytosanitary measures imposed by the government of
that country on goods imported into that country.
(b) Contents of Report- The report required under subsection (a) shall
include the following:
(1) INVASIVE AGRICULTURAL PESTS AND DISEASES- With respect to any
invasive agricultural pests or diseases in the country with which
the President intends to negotiate a free trade agreement--
(A) a list of all invasive agricultural pests and diseases in that
country;
(B) a list of agricultural commodities produced in the United States
that might be affected by the introduction of such pests or diseases
into the United States; and
(C) a plan for preventing the introduction into the United States
of such pests and diseases, including an estimate of--
(i) the number of additional inspectors, officials, and other
personnel necessary to prevent such introduction and the ports
of entry at which the additional inspectors, officials, and other
personnel will be needed; and
(ii) the total cost of preventing such introduction.
(2) SANITARY AND PHYTOSANITARY MEASURES- With respect to sanitary
or phytosanitary measures imposed by the government of the country
with which the President intends to negotiate a free trade agreement
on goods imported into that country--
(A) a list of any such sanitary and phytosanitary measures that
may affect the exportation of agricultural commodities from the
United States to that country;
(B) an assessment of the status of any petitions filed by the United
States with the government of that country requesting that that
country allow the importation into that country of agricultural
commodities produced in the United States;
(C) an estimate of the economic potential for the exportation of
agricultural commodities produced in the United States to that country
if the free trade agreement enters into force; and
(D) an assessment of the effect of sanitary and phytosanitary measures
imposed or proposed to be imposed by the government of that country
on the economic potential described in subparagraph (C).
END
