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Text of To require the United States Trade Representative to enter into negotiations to eliminate price controls imposed by certain foreign countries ...

...certain foreign countries on prescription drugs.

This bill was introduced on June 27, 2000, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 27, 2000 (Introduced).

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Source: GPO

HR 4764 IH

106th CONGRESS

2d Session

H. R. 4764

To require the United States Trade Representative to enter into negotiations to eliminate price controls imposed by certain foreign countries on prescription drugs.

IN THE HOUSE OF REPRESENTATIVES

June 27, 2000

Mr. EWING (for himself, Mr. MCCRERY, and Mr. THOMAS) introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To require the United States Trade Representative to enter into negotiations to eliminate price controls imposed by certain foreign countries on prescription drugs.

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

SECTION 1. FINDINGS.

    Congress makes the following findings:

      (1) Americans should have access to the most effective prescription medicines at affordable prices.

      (2) The United States leads the world in the development of new prescription medicines to help and heal patients in the United States and around the world.

      (3) Americans pay disproportionately more for many prescription medicines than most of their foreign counterparts.

      (4) The use of price controls by foreign governments limits Americans access to prescription medicines that can save, prolong, and improve lives by requiring American patients to cover a disproportionate cost of pharmaceutical research and development.

      (5) The use of foreign price controls on innovative medicines disadvantages Americans, distorts trade, and constitutes an unjustifiable, unreasonable, and discriminatory practice that burdens or restricts United States commerce within the meaning of section 301 of the Trade Act of 1974.

SEC. 2. ACTIONS TO ELIMINATE INEQUITIES IN PHARMACEUTICAL TRADE.

    (a) NEGOTIATIONS- The United States Trade Representative, with the advice of and in consultation with the Secretary of Health and Human Services, shall enter into negotiations with the Governments of the other G-8 countries in order to achieve the agreement of those Governments to eliminate price controls on innovative medicines and the unfair trade practices that result from the application of price controls.

    (b) CONDITIONAL REQUIREMENT FOR ADDITIONAL ACTIONS-

      (1) IN GENERAL- If, within 12 months after the date of enactment of this Act, negotiations under subsection (a) have not achieved the objectives set forth in that subsection, the United States Trade Representative shall submit to Congress recommendations for the most effective measures (including the effect of imposing measures under the authority of section 301 of the Trade Act of 1974) for eliminating the disparity between the price of prescription drugs in the United States and the price of prescription drugs in the other G-8 countries with the goal of reducing the price of prescription drugs for United States consumers.

      (2) MEASURES RECOMMENDED- The measures recommended under paragraph (1) shall be of a nature and amount that fully reflect the economic harm that is inflicted on patients and health care in the United States, and the harm that is inflicted on the United States economy when countries pay the country specific marginal costs of prescription drugs and let the United States cover the research and development costs of innovative prescription drugs.

      (3) CONSULTATION WITH FEDERAL TRADE COMMISSION- In determining the measures to recommend under paragraph (1), the United States Trade Representative shall consult with the Federal Trade Commission and shall also seek the advice of--

        (A) the United States International Trade Commission regarding the extent of the direct and indirect harm to the United States economy;

        (B) the Secretary of Health and Human Services regarding the extent of the direct and indirect harm caused to American patients and health care;

        (C) the relevant private sector advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and

        (D) representatives of appropriate interested private sector and other nongovernmental organizations.

    (c) DEFINITION- For purposes of this section, the term ‘G-8 countries’ means the group of 8 industrial countries consisting of Canada, France, Germany, Great Britain, Italy, Japan, Russia, and the United States established to facilitate economic cooperation.