I 

116TH CONGRESS 

1ST SESSION H. R. 2209 

To establish the position of Chief Pharmaceutical Negotiator in the Office 

of the United States Trade Representative responsible for conducting 

trade negotiations and enforcing trade agreements related to acts, policies, and practices of foreign governments that fail to appropriately 

reward United States innovation with respect to pharmaceuticals, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2019 

Mr. MEADOWS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To establish the position of Chief Pharmaceutical Negotiator 

in the Office of the United States Trade Representative 

responsible for conducting trade negotiations and enforcing trade agreements related to acts, policies, and practices of foreign governments that fail to appropriately 

reward United States innovation with respect to pharmaceuticals, 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. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fixing Global Free3 loading Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) International government price controls of 

7 pharmaceutical products and services creates an un8 fair playing field because the rest of the world relies 

9 on and benefits from the biopharmaceutical innova10 tion that takes place in the United States, which 

11 supports 4.5 million jobs and amounts to $90 billion 

12 in research and development investment every year. 

13 (2) The United States pays the cost of devel14 oping innovative and life-saving prescription drugs 

15 while other countries refuse to pay their fair share 

16 for their health care needs. 

17 (3) In fact, some of the United States trading 

18 partners are ignoring obligations established under 

19 trade agreements and setting up discriminatory 

20 rules to benefit local competitors over United States 

21 companies. 

22 (4) Between 2010 and 2011, 23 countries im23 plemented 89 distinct measures to contain govern24 ment spending on prescription drugs. Most used 

25 their single-payer healthcare systems to impose drug 

26 price controls alongside increased copayments, valueVerDate Sep 11 2014 01:06 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2209.IH H2209

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1 added tax rates on prescription drugs, and other 

2 measures. 

3 (5) Studies have shown that government price 

4 controls result in prices below actual market value 

5 and push the burden of paying for innovative treat6 ments on to United States patients. 

7 SEC. 3. CHIEF PHARMACEUTICAL NEGOTIATOR. 

8 (a) IN GENERAL.—Section 141 of the Trade Act of 

9 1974 (19 U.S.C. 2171) is amended— 

10 (1) in subsection (b)(2)— 

11 (A) by striking ‘‘and one Chief Innovation 

12 and Intellectual Property Negotiator’’ and in13 serting ‘‘one Chief Innovation and Intellectual 

14 Property Negotiator, and one Chief Pharma15 ceutical Negotiator’’; 

16 (B) by striking ‘‘or the Chief Innovation 

17 and Intellectual Property Negotiator’’ and in18 serting ‘‘the Chief Innovation and Intellectual 

19 Property Negotiator, or the Chief Pharma20 ceutical Negotiator’’; and 

21 (C) by striking ‘‘and the Chief Innovation 

22 and Intellectual Property Negotiator’’ and in23 serting ‘‘the Chief Innovation and Intellectual 

24 Property Negotiator, and the Chief Pharma25 ceutical Negotiator’’; and 


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1 (2) in subsection (c), by adding at the end the 

2 following new paragraph: 

3 ‘‘(7) The principal function of the Chief Phar4 maceutical Negotiator shall be to conduct trade ne5 gotiations and to enforce trade agreements relating 

6 to United States pharmaceutical products and serv7 ices. The Chief Pharmaceutical Negotiator shall be 

8 a vigorous advocate on behalf of United States phar9 maceutical interests. The Chief Pharmaceutical Ne10 gotiator shall perform such other functions as the 

11 United States Trade Representative may direct.’’. 

12 (b) COMPENSATION.—Section 5314 of title 5, United 

13 States Code is amended by striking ‘‘Chief Innovation and 

14 Intellectual Property Negotiator, Office of the United 

15 States Trade Representative.’’ and inserting the following: 

16 ‘‘Chief Innovation and Intellectual Property Nego17 tiator, Office of the United States Trade Representative. 

18 ‘‘Chief Pharmaceutical Negotiator, Office of the 

19 United States Trade Representative.’’. 

20 (c) REPORT REQUIRED.—Not later than one year 

21 after the appointment of the first Chief Pharmaceutical 

22 Negotiator pursuant to paragraph (2) of section 141(b) 

23 of the Trade Act of 1974, as amended by subsection (a), 

24 and annually thereafter, the United States Trade Rep25 resentative shall submit to the Committee on Finance of 


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1 the Senate and the Committee on Ways and Means of the 

2 House of Representatives a report describing in detail— 

3 (1) enforcement actions taken by the Trade 

4 Representative during the one-year period preceding 

5 the submission of the report to ensure the protection 

6 of United States pharmaceutical products and serv7 ices; and 

8 (2) other actions taken by the Trade Represent9 ative to advance United States pharmaceutical prod10 ucts and services. 

Æ 


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