II 110th CONGRESS 2d Session S. 2906 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.

1.

Short title

This Act may be cited as the Agriculture Smart Trade Act.

2.

Definitions

In this Act: (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)).

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).