II 

111TH CONGRESS 

1ST SESSION S. 1644 

To amend the Trade Act of 1974 to require a Public Health Advisory 

Committee on Trade to be included in the trade advisory committee 

system, to require public health organizations to be included on the 

Advisory Committee for Trade Policy and Negotiations and other relevant 

sectoral or functional advisory committees, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2009 

Ms. STABENOW (for herself and Mr. KENNEDY) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Trade Act of 1974 to require a Public Health 

Advisory Committee on Trade to be included in the trade 

advisory committee system, to require public health organizations to be included on the Advisory Committee for 

Trade Policy and Negotiations and other relevant sectoral or functional advisory committees, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PUBLIC HEALTH ADVISORY COMMITTEE ON 

2 TRADE. 

3 (a) ESTABLISHMENT.—Section 135(c)(1) of the 

4 Trade Act of 1974 (19 U.S.C. 2155(c)(1)) is amended by 

5 adding at the end the following: ‘‘The President shall es6 tablish, among the committees established under this 

7 paragraph, a Public Health Advisory Committee on Trade 

8 composed of members appointed pursuant to paragraph 

9 (5).’’. 

10 (b) MEMBERSHIP.—Section 135(c) of the Trade Act 

11 of 1974 (19 U.S.C. 2155(c)) is amended by adding at the 

12 end the following: 

13 ‘‘(5)(A) Members of the Public Health Advisory 

14 Committee on Trade established under paragraph 

15 (1) shall be appointed from among individuals— 

16 ‘‘(i) nominated by and representing organi17 zations in the United States with an interest in 

18 improving and protecting the public health; and 

19 ‘‘(ii) who have expertise in— 

20 ‘‘(I) the relationship of trade to sus21 tainable economic development; 

22 ‘‘(II) public health regulations and the 

23 authority of the Government to regulate in 

24 the interest of public health, including by 

25 adopting sanitary and phytosanitary rules, 

26 technical standards, regulations with reVerDate Nov 24 2008 02:30 Aug 08, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1644.IS S1644

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1 spect to the production, distribution, sale, 

2 or advertising of tobacco, alcohol, and 

3 harmful substances, and standards to en4 sure clean and safe food, air, and water; 

5 ‘‘(III) vital human services and sys6 tems, including health care and public 

7 health services and systems and water sup8 ply and sanitation services and systems, 

9 and licensing and cross-border movement 

10 of persons employed in the provision of 

11 such services or the development of such 

12 systems; 

13 ‘‘(IV) occupational safety and health; 

14 or 

15 ‘‘(V) matters relating to access to af16 fordable pharmaceuticals. 

17 ‘‘(B) The President shall ensure that member18 ship of the Public Health Advisory Committee on 

19 Trade is of sufficient size to be reasonably rep20 resentative of the range of organizations and persons 

21 in the United States interested in public health. 

22 ‘‘(C)(i) No individual may be appointed to the 

23 Public Health Advisory Committee on Trade who 

24 represents a commercial or for-profit entity with an 

25 interest in health services or regulations. 


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1 ‘‘(ii) No individual appointed to the Public 

2 Health Advisory Committee on Trade may continue 

3 to serve on the Committee if the individual, or the 

4 individual’s employer, receives or contracts to receive 

5 a significant payment or other financial support 

6 from a commercial or for-profit entity represented 

7 on any trade advisory committee established under 

8 this section. 

9 ‘‘(D) The members of the Public Health Advi10 sory Committee on Trade shall elect a Chairperson 

11 from among the members of the Committee.’’. 

12 SEC. 2. INCLUSION OF PUBLIC HEALTH ORGANIZATIONS 

13 ON ADVISORY COMMITTEE FOR TRADE POL14 ICY AND NEGOTIATIONS. 

15 (a) IN GENERAL.—Section 135(b)(1) of the Trade 

16 Act of 1974 (19 U.S.C. 2155(b)(1)) is amended by insert17 ing ‘‘nongovernmental public health organizations,’’ after 

18 ‘‘conservation organizations,’’. 

19 (b) NONGOVERNMENTAL PUBLIC HEALTH ORGANI20 ZATIONS DEFINED.—Section 135(m) of the Trade Act of 

21 1974 (19 U.S.C. 2155(m)) is amended— 

22 (1) by redesignating paragraphs (1) and (2) as 

23 subparagraphs (A) and (B), respectively; 

24 (2) by striking ‘‘(m) NON-FEDERAL GOVERN25 MENT DEFINED.—As used in this section, the term 


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1 ‘non-Federal government’ means—’’ and inserting 

2 the following: 

3 ‘‘(m) DEFINITIONS.—In this section: 

4 ‘‘(1) NON-FEDERAL GOVERNMENT.—The term 

5 ‘non-Federal government’ means—’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(2) NONGOVERNMENTAL PUBLIC HEALTH OR8 GANIZATIONS.— 

9 ‘‘(A) IN GENERAL.—The term ‘nongovern10 mental public health organization’ includes any 

11 nonprofit organization or coalition that works 

12 to promote the public health, increase access to 

13 affordable health-related services or products, 

14 or to prevent and reduce any major disease, ill15 ness, or public health problem. 

16 ‘‘(B) EXCLUSION.—The term ‘nongovern17 mental public health organization’ does not in18 clude any organization that receives— 

19 ‘‘(i) 20 percent or more of its total 

20 funding from a single commercial, for-prof21 it entity; or 

22 ‘‘(ii) 30 percent or more of its total 

23 funding from commercial, for-profit enti24 ties.’’. 


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1 SEC. 3. MODIFICATION OF REQUIRED CONSULTATIONS 

2 WITH ADVISORY COMMITTEES DURING 

3 TRADE NEGOTIATIONS. 

4 (a) EXTENSION OF CONSULTATIONS.—Section 

5 135(a)(1) of the Trade Act of 1974 (19 U.S.C. 

6 2155(a)(1)) is amended in the flush text by inserting ‘‘and 

7 throughout negotiations’’ before the end period. 

8 (b) POLICY, TECHNICAL, AND OTHER ADVICE AND

9 INFORMATION.—Section 135(d) of the Trade Act of 1974 

10 (19 U.S.C. 2155(d)) is amended— 

11 (1) by striking ‘‘Committees established’’ and 

12 inserting the following: 

13 ‘‘(1) COMMITTEE MEETINGS.—Committees es14 tablished’’; 

15 (2) in paragraph (1), as redesignated, by insert16 ing ‘‘Health and Human Services,’’ after ‘‘Com17 merce,’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(2) REQUESTS FOR ADVICE AND INFORMA20 TION.—The United States Trade Representative and 

21 the Secretaries of Agriculture, Commerce, Health 

22 and Human Services, Labor, Defense, or other exec23 utive departments, as appropriate, shall— 

24 ‘‘(A) seek and consider advice and infor25 mation described in paragraph (1) with respect 

26 to the negotiating objectives and the terms of a 


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1 trade agreement being negotiated by the United 

2 States and the impact of those terms on the 

3 United States before the commencement of ne4 gotiations, throughout the negotiating process, 

5 and before a final agreement is reached; and 

6 ‘‘(B) to the maximum extent practicable, 

7 seek written advisory opinions from each com8 mittee established under this section and from 

9 any dissenting members of such a committee 

10 before a final agreement is reached with respect 

11 to the terms of a trade agreement. 

12 ‘‘(3) WRITTEN RESPONSES TO COMMITTEE

13 COMMENTS.—The United States Trade Representa14 tive and the Secretaries of Agriculture, Commerce, 

15 Health and Human Services, Labor, Defense, or 

16 other executive departments, as appropriate, shall 

17 respond in writing to the advice or information sub18 mitted under this subsection by a committee estab19 lished under this section or by a member of such a 

20 committee.’’. 

21 SEC. 4. ADVISORY COMMITTEE REPORTS ON TRADE 

22 AGREEMENTS. 

23 Section 135(e) of the Trade Act of 1974 (19 U.S.C. 

24 2155(e)) is amended to read as follows: 


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1 ‘‘(e) ADVISORY COMMITTEE REPORTS ON TRADE

2 AGREEMENTS.— 

3 ‘‘(1) REPORT OF ADVISORY COMMITTEES.—Not 

4 later than date on which the President notifies Con5 gress of the President’s intention to enter into a 

6 trade agreement, the Advisory Committee for Trade 

7 Policy and Negotiations, the Public Health Advisory 

8 Committee on Trade, each appropriate policy com9 mittee, and each appropriate sectoral or functional 

10 committee shall submit to the President, Congress, 

11 and the United States Trade Representative a report 

12 on the effects of the trade agreement. 

13 ‘‘(2) CONTENTS OF REPORT.—The report re14 quired under paragraph (1) shall include an advisory 

15 opinion assessing— 

16 ‘‘(A) the extent to which the trade agree17 ment promotes the economic interests of the 

18 United States; 

19 ‘‘(B) the extent to which the trade agree20 ment promotes public health and promotes the 

21 goal of protecting the environment in the 

22 United States and in any other country affected 

23 by the agreement; 

24 ‘‘(C) for each appropriate sectoral or func25 tional committee, the extent to which the trade 


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1 agreement provides for equity and reciprocity 

2 within the sector or functional area with respect 

3 to which the committee has responsibility; and 

4 ‘‘(D) a summary of any dissenting opinion 

5 written by a member of a committee involved in 

6 developing the report. 

7 ‘‘(3) PUBLIC AVAILABILITY.—The report re8 quired under paragraph (1) shall be made publicly 

9 available on the Web site of the United States Trade 

10 Representative unless the President determines that 

11 making the report publicly available would result in 

12 the disclosure of confidential or privileged trade se13 crets or commercial or financial information, inter14 fere with diplomatic relations, or endanger the na15 tional security of the United States. 

16 ‘‘(4) APPROPRIATE COMMITTEES DEFINED.—In 

17 this subsection, the term ‘appropriate’ means, with 

18 respect to a committee, that the committee was es19 tablished under subsection (c) to provide advice on 

20 matters affected by the trade agreement with respect 

21 to which a report is submitted under paragraph 

22 (1).’’. 

Æ 


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