Protecting America's Health Measures Act

Protecting America's Health Measures Act

This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to revise the principal U.S. negotiating objectives regarding foreign investment to require any trade agreement between the United States and a foreign country to include a stipulation that, if the United States elects to deny the benefits of any dispute settlement claim relating to a U.S. law or other measure considered appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to U.S. human health objectives, then that claim shall be dismissible in any arbitration proceeding.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5436 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5436

      To amend the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 to require any trade agreement to which the 
United States is a party to stipulate the ability of the United States 
 to deny the benefits of any dispute settlement claim that challenges 
 any measure relating to human health that is adopted, maintained, or 
enforced by the United States in its territory, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2016

Mr. McDermott introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
      To amend the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 to require any trade agreement to which the 
United States is a party to stipulate the ability of the United States 
 to deny the benefits of any dispute settlement claim that challenges 
 any measure relating to human health that is adopted, maintained, or 
enforced by the United States in its territory, 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. SHORT TITLE.

    This Act may be cited as the ``Protecting America's Health Measures 
Act''.

SEC. 2. TRADE NEGOTIATING OBJECTIVES REGARDING HUMAN HEALTH.

    Section 102(b)(4) of the Bipartisan Congressional Trade Priorities 
and Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 
4201(b)(4)) is amended--
            (1) by redesignating subparagraphs (G) and (H) as 
        subparagraphs (H) and (I), respectively; and
            (2) by inserting after subparagraph (F) the following:
                    ``(G)(i) recognizing the right of the United States 
                to elect to deny the benefits of any dispute settlement 
                claim that is made under the provisions of any trade 
                agreement to which the United States is a party and 
                that challenges any law or other measure relating to 
                human health that is adopted, maintained, or enforced 
                by the United States; and
                    ``(ii) providing in each such trade agreement that, 
                if the United States elects to deny a claim relating to 
                a law or other measure that the United States considers 
                appropriate to ensure that investment activity in its 
                territory is undertaken in a manner sensitive to the 
                human health objectives of the United States, then that 
                claim shall be dismissible in any arbitration 
                proceeding;''.
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