[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1644 Introduced in Senate (IS)]

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.

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

SECTION 1. PUBLIC HEALTH ADVISORY COMMITTEE ON TRADE.

    (a) Establishment.--Section 135(c)(1) of the Trade Act of 1974 (19 
U.S.C. 2155(c)(1)) is amended by adding at the end the following: ``The 
President shall establish, among the committees established under this 
paragraph, a Public Health Advisory Committee on Trade composed of 
members appointed pursuant to paragraph (5).''.
    (b) Membership.--Section 135(c) of the Trade Act of 1974 (19 U.S.C. 
2155(c)) is amended by adding at the end the following:
            ``(5)(A) Members of the Public Health Advisory Committee on 
        Trade established under paragraph (1) shall be appointed from 
        among individuals--
                    ``(i) nominated by and representing organizations 
                in the United States with an interest in improving and 
                protecting the public health; and
                    ``(ii) who have expertise in--
                            ``(I) the relationship of trade to 
                        sustainable economic development;
                            ``(II) public health regulations and the 
                        authority of the Government to regulate in the 
                        interest of public health, including by 
                        adopting sanitary and phytosanitary rules, 
                        technical standards, regulations with respect 
                        to the production, distribution, sale, or 
                        advertising of tobacco, alcohol, and harmful 
                        substances, and standards to ensure clean and 
                        safe food, air, and water;
                            ``(III) vital human services and systems, 
                        including health care and public health 
                        services and systems and water supply and 
                        sanitation services and systems, and licensing 
                        and cross-border movement of persons employed 
                        in the provision of such services or the 
                        development of such systems;
                            ``(IV) occupational safety and health; or
                            ``(V) matters relating to access to 
                        affordable pharmaceuticals.
            ``(B) The President shall ensure that membership of the 
        Public Health Advisory Committee on Trade is of sufficient size 
        to be reasonably representative of the range of organizations 
        and persons in the United States interested in public health.
            ``(C)(i) No individual may be appointed to the Public 
        Health Advisory Committee on Trade who represents a commercial 
        or for-profit entity with an interest in health services or 
        regulations.
            ``(ii) No individual appointed to the Public Health 
        Advisory Committee on Trade may continue to serve on the 
        Committee if the individual, or the individual's employer, 
        receives or contracts to receive a significant payment or other 
        financial support from a commercial or for-profit entity 
        represented on any trade advisory committee established under 
        this section.
            ``(D) The members of the Public Health Advisory Committee 
        on Trade shall elect a Chairperson from among the members of 
        the Committee.''.

SEC. 2. INCLUSION OF PUBLIC HEALTH ORGANIZATIONS ON ADVISORY COMMITTEE 
              FOR TRADE POLICY AND NEGOTIATIONS.

    (a) In General.--Section 135(b)(1) of the Trade Act of 1974 (19 
U.S.C. 2155(b)(1)) is amended by inserting ``nongovernmental public 
health organizations,'' after ``conservation organizations,''.
    (b) Nongovernmental Public Health Organizations Defined.--Section 
135(m) of the Trade Act of 1974 (19 U.S.C. 2155(m)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by striking ``(m) Non-Federal Government Defined.--As 
        used in this section, the term `non-Federal government' means--
        '' and inserting the following:
    ``(m) Definitions.--In this section:
            ``(1) Non-federal government.--The term `non-Federal 
        government' means--''; and
            (3) by adding at the end the following:
            ``(2) Nongovernmental public health organizations.--
                    ``(A) In general.--The term `nongovernmental public 
                health organization' includes any nonprofit 
                organization or coalition that works to promote the 
                public health, increase access to affordable health-
                related services or products, or to prevent and reduce 
                any major disease, illness, or public health problem.
                    ``(B) Exclusion.--The term `nongovernmental public 
                health organization' does not include any organization 
                that receives--
                            ``(i) 20 percent or more of its total 
                        funding from a single commercial, for-profit 
                        entity; or
                            ``(ii) 30 percent or more of its total 
                        funding from commercial, for-profit 
                        entities.''.

SEC. 3. MODIFICATION OF REQUIRED CONSULTATIONS WITH ADVISORY COMMITTEES 
              DURING TRADE NEGOTIATIONS.

    (a) Extension of Consultations.--Section 135(a)(1) of the Trade Act 
of 1974 (19 U.S.C. 2155(a)(1)) is amended in the flush text by 
inserting ``and throughout negotiations'' before the end period.
    (b) Policy, Technical, and Other Advice and Information.--Section 
135(d) of the Trade Act of 1974 (19 U.S.C. 2155(d)) is amended--
            (1) by striking ``Committees established'' and inserting 
        the following:
            ``(1) Committee meetings.--Committees established'';
            (2) in paragraph (1), as redesignated, by inserting 
        ``Health and Human Services,'' after ``Commerce,''; and
            (3) by adding at the end the following:
            ``(2) Requests for advice and information.--The United 
        States Trade Representative and the Secretaries of Agriculture, 
        Commerce, Health and Human Services, Labor, Defense, or other 
        executive departments, as appropriate, shall--
                    ``(A) seek and consider advice and information 
                described in paragraph (1) with respect to the 
                negotiating objectives and the terms of a trade 
                agreement being negotiated by the United States and the 
                impact of those terms on the United States before the 
                commencement of negotiations, throughout the 
                negotiating process, and before a final agreement is 
                reached; and
                    ``(B) to the maximum extent practicable, seek 
                written advisory opinions from each committee 
                established under this section and from any dissenting 
                members of such a committee before a final agreement is 
                reached with respect to the terms of a trade agreement.
            ``(3) Written responses to committee comments.--The United 
        States Trade Representative and the Secretaries of Agriculture, 
        Commerce, Health and Human Services, Labor, Defense, or other 
        executive departments, as appropriate, shall respond in writing 
        to the advice or information submitted under this subsection by 
        a committee established under this section or by a member of 
        such a committee.''.

SEC. 4. ADVISORY COMMITTEE REPORTS ON TRADE AGREEMENTS.

    Section 135(e) of the Trade Act of 1974 (19 U.S.C. 2155(e)) is 
amended to read as follows:
    ``(e) Advisory Committee Reports on Trade Agreements.--
            ``(1) Report of advisory committees.--Not later than date 
        on which the President notifies Congress of the President's 
        intention to enter into a trade agreement, the Advisory 
        Committee for Trade Policy and Negotiations, the Public Health 
        Advisory Committee on Trade, each appropriate policy committee, 
        and each appropriate sectoral or functional committee shall 
        submit to the President, Congress, and the United States Trade 
        Representative a report on the effects of the trade agreement.
            ``(2) Contents of report.--The report required under 
        paragraph (1) shall include an advisory opinion assessing--
                    ``(A) the extent to which the trade agreement 
                promotes the economic interests of the United States;
                    ``(B) the extent to which the trade agreement 
                promotes public health and promotes the goal of 
                protecting the environment in the United States and in 
                any other country affected by the agreement;
                    ``(C) for each appropriate sectoral or functional 
                committee, the extent to which the trade agreement 
                provides for equity and reciprocity within the sector 
                or functional area with respect to which the committee 
                has responsibility; and
                    ``(D) a summary of any dissenting opinion written 
                by a member of a committee involved in developing the 
                report.
            ``(3) Public availability.--The report required under 
        paragraph (1) shall be made publicly available on the Web site 
        of the United States Trade Representative unless the President 
        determines that making the report publicly available would 
        result in the disclosure of confidential or privileged trade 
        secrets or commercial or financial information, interfere with 
        diplomatic relations, or endanger the national security of the 
        United States.
            ``(4) Appropriate committees defined.--In this subsection, 
        the term `appropriate' means, with respect to a committee, that 
        the committee was established under subsection (c) to provide 
        advice on matters affected by the trade agreement with respect 
        to which a report is submitted under paragraph (1).''.
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