[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4764 Introduced in House (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.
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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.
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