[Congressional Record Volume 155, Number 44 (Thursday, March 12, 2009)]
[Senate]
[Pages S3088-S3089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CASEY (for himself and Ms. Stabenow):
  S. 594. 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; to the Committee on Finance.
  Mr. CASEY. Mr. President, I rise today to introduce the Agriculture 
Smart Trade Act along with my colleague Senator Stabenow. The goal of 
this legislation is to ensure that, as we consider the various free 
trade agreements that come before the Senate, we are also looking at 
the big picture, including the increased risk of accidentally importing 
invasive pests or diseases and the ability for American agricultural 
producers to access new export markets once trade agreements are in 
effect. Our bill is supported by United Fresh, the national association 
of fruit and vegetable growers and processors, and the U.S. Apple 
Association.
  The bill does two things. First, it requires the administration to 
send a report to Congress prior to the start of formal trade 
negotiations with a foreign nation detailing potential invasive pests 
and disease that could pose a risk to U.S. agriculture. Furthermore, 
this report must identify what additional agricultural inspectors and 
other personnel are needed to prevent these pests and diseases from 
being brought into the United States.
  Second, the bill requires the administration to disclose in the same 
report all sanitary and photosanitary, also known as SPS, trade 
barriers that could unduly restrict export markets for American 
commodities. What we have seen in the past is that a trading partner 
will raise SPS barriers to prevent American products from entering 
their country. Some of these SPS barriers are not grounded in science 
are simply non-tariff trade barriers. As the Administration begins 
negotiations for a trade agreement, we all need to take a look at what 
kinds of SPS issues we have with potential trading partners. Are their 
SPS concerns based in science? We need to be sure that once an 
agreement is in effect, we will have access to those foreign markets as 
stipulated in the trade agreement.
  I want to be very clear that this bill does not in any way limit the 
President's authority to negotiate trade agreements under Fast-Track, 
nor does it prevent trade legislation from being considered by the 
Congress. What this bill does is provide the Senate and the House of 
Representatives with a more complete picture of what potential trade 
agreements involve beyond the obvious import and export quotas.
  Regardless of how any senator feels about the free trade agreements 
that we review and debate, I think all of my colleagues will agree with 
me that increased international trade means an increased risk of 
importing bugs and diseases that have the potential to devastate our 
food sources, jeopardize the

[[Page S3089]]

livelihoods of our farmers, and cost our states a fortune. We need to 
acknowledge the risk and put in place the best safeguards we can to 
prevent the accidental introduction of these harmful pests.
  I am not merely speculating about the risk of invasive pests and 
disease. It is a fact that all of our states are battling insects and 
crop diseases and dreading the next outbreak.
  Most recently in Pennsylvania we discovered that the western part of 
our state is infested with the Emerald Ash Borer, an invasive beetle 
that was accidently imported to the U.S. through Detroit via wooden 
shipping pallets from China. This beetle is costing our commercial 
nursery growers millions of dollars in lost stock. Senator Stabenow 
knows better than anyone how much money, time and other resources the 
Ash Borer has cost the states of Michigan, Illinois, Indiana, Ohio, and 
Pennsylvania. But that's just one example. Orange growers in Florida 
have spent the past decade fighting to contain and eradicate citrus 
canker, an invasive disease that causes citrus trees to produce less 
and less fruit until they prematurely die. And California and Texas 
have dealt with expensive eradication programs to deal with the 
Mediterranean fruit fly or ``Med fly.''
  The list goes on and on. There is not a single state that has not 
been impacted by invasive pests or diseases. So I hope that my 
colleagues will support the Agriculture Smart Trace Act, and help us 
make smart decisions that will protect our growers and our economy 
while opening new export markets. Because that is what this bill is 
about--smart trade.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 594

       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.

       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)).

     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).

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