192 
SEC. 508. REQUIREMENT THAT DIRECT-TO-CONSUMER AD-
VERTISEMENTS FOR PRESCRIPTION DRUGS 
AND 
BIOLOGICAL 
PRODUCTS 
INCLUDE 
TRUTHFUL AND NON-MISLEADING PRICING 
INFORMATION. 
Part A of title XI of the Social Security Act is 
amended by adding at the end the following new section: 
‘‘SEC. 1150C. REQUIREMENT THAT DIRECT-TO-CONSUMER 
ADVERTISEMENTS 
FOR 
PRESCRIPTION 
DRUGS 
AND 
BIOLOGICAL 
PRODUCTS 
IN-
CLUDE 
TRUTHFUL 
AND 
NON-MISLEADING 
PRICING INFORMATION. 
‘‘(a) IN GENERAL.—The Secretary shall require that 
each direct-to-consumer advertisement for a prescription 
drug or biological product for which payment is available 
under title XVIII or XIX includes an appropriate disclo-
sure of truthful and non-misleading pricing information 
with respect to the drug or product. 
‘‘(b) DETERMINATION BY CMS.—The Secretary, act-
ing through the Administrator of the Centers for Medicare 
& Medicaid Services, shall determine the components of 
the requirement under subsection (a), such as the forms 
of advertising, the manner of disclosure, the price point 
listing, and the price information for disclosure.’’. 
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193 
SEC. 509. CHIEF PHARMACEUTICAL NEGOTIATOR AT THE 
OFFICE OF THE UNITED STATES TRADE REP-
RESENTATIVE. 
(a) IN GENERAL.—Section 141 of the Trade Act of 
1974 (19 U.S.C. 2171) is amended— 
(1) in subsection (b)(2)— 
(A) by striking ‘‘and one Chief Innovation 
and Intellectual Property Negotiator’’ and in-
serting ‘‘one Chief Innovation and Intellectual 
Property Negotiator, and one Chief Pharma-
ceutical Negotiator’’; 
(B) by striking ‘‘or the Chief Innovation 
and Intellectual Property Negotiator’’ and in-
serting ‘‘the Chief Innovation and Intellectual 
Property Negotiator, or the Chief Pharma-
ceutical Negotiator’’; and 
(C) by striking ‘‘and the Chief Innovation 
and Intellectual Property Negotiator’’ and in-
serting ‘‘the Chief Innovation and Intellectual 
Property Negotiator, and the Chief Pharma-
ceutical Negotiator’’; and 
(2) in subsection (c), by adding at the end the 
following new paragraph: 
‘‘(7) The principal function of the Chief Phar-
maceutical Negotiator shall be to conduct trade ne-
gotiations and to enforce trade agreements relating 
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194 
to United States pharmaceutical products and serv-
ices. The Chief Pharmaceutical Negotiator shall be 
a vigorous advocate on behalf of United States phar-
maceutical interests. The Chief Pharmaceutical Ne-
gotiator shall perform such other functions as the 
United States Trade Representative may direct.’’. 
(b) COMPENSATION.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Chief Innovation 
and Intellectual Property Negotiator, Office of the United 
States Trade Representative.’’ and inserting the following: 
‘‘Chief Innovation and Intellectual Property Ne-
gotiator, Office of the United States Trade Rep-
resentative. 
‘‘Chief Pharmaceutical Negotiator, Office of the 
United States Trade Representative.’’. 
(c) REPORT REQUIRED.—Not later than the date 
that is one year after the appointment of the first Chief 
Pharmaceutical Negotiator pursuant to paragraph (2) of 
section 141(b) of the Trade Act of 1974, as amended by 
subsection (a), and annually thereafter, the United States 
Trade Representative shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives a report describing 
in detail— 
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(1) enforcement actions taken by the United 
States Trade Representative during the one-year pe-
riod preceding the submission of the report to en-
sure the protection of United States pharmaceutical 
products and services; and 
(2) other actions taken by the United States 
Trade Representative to advance United States 
pharmaceutical products and services. 
Æ 
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