,,ii #aaith ,,congress #b;d ,session ,s4 #ebfe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #e1 #bjbf,mr4 ,sheehy 7for himself1 ,mr4 ,mc,cormick1 and ,mr4 ,budd7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to identify and take action against international trade practices of high income countries that unfairly exploit innovation by deviating from market-based policies and unfairly exploit ,united ,states innovation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,use ,sovereignty ,to reduce ,rx ,act or the ,u,s,t,rx ,act4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,pharmaceutical price controls in foreign markets distort global trade flows and competition by depressing the prices of innovative drugs and exploiting pharmaceutical innovations researched and developed in the ,united ,states4 7#b7 ,by setting prices at levels that are not market-based1 such price controls undervalue the discovery of new1 innovative treatments1 diminish opportunities and incentives for global innovation in new medicines1 and threaten to restrict access to new treatments and cures for ,united ,states patients and consumers4 7#c7 ,recognizing those dynamics1 it is critical that the ,united ,states use all available trade tools to address such free-riding to ensure that foreign government regulatory reimbursement regimes are transparent1 provide procedural fairness1 are non-discriminatory1 and provide full market access to ,united ,states products4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 ensuring the security of innovative and affordable healthcare is a top priority for the people of the ,united ,states and for ,congress2 7#b7 foreign government policies that mandate artificially low drug prices in foreign markets undermine that priority by reducing global incentives to invest in the development of new medicines2 7#c7 such exploitative behavior unfairly shifts the cost of developing new treatments to the ,united ,states and unduly relies on ,united ,states patients and taxpayers to finance global pharmaceutical innovation2 and 7#d7 safeguarding access to life-saving treatments for ,united ,states patients requires combating such behavior so that foreign countries pay their fair share of the costs associated with the development of new drugs4 #c4 ,chief ,pharmaceutical ,trade ,negotiator ,section #ada of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in the first sentence1 by inserting one ,chief ,pharmaceutical ,trade ,negotiator1 after one ,chief ,agricultural ,negotiator12 and 7,b7 by inserting the ,chief ,pharmaceutical ,trade ,negotiator1 after the ,chief ,agricultural ,negotiator1 each place it appears2 and 7#b7 in subsection 7c71 by adding at the end the following new paragraph3 7#g7 ,the principal functions of the ,chief ,pharmaceutical ,trade ,negotiator shall be to conduct trade negotiations1 enforce trade agreements relating to ,united ,states pharmaceutical products1 and take appropriate action to address acts1 policies1 or practices of high-income countries that have a significant adverse impact on the ability of ,united ,states pharmaceutical manufacturers to enjoy full market access4 ,the ,chief ,pharmaceutical ,trade ,negotiator shall be a vigorous advocate on behalf of ,united ,states manufacturers and consumers of pharmaceutical products and shall perform such other functions as the ,united ,states ,trade ,representative may direct4 ,in carrying out such duties1 the ,chief ,pharmaceutical ,negotiator shall1 as appropriate1 consult or coordinate with the ,chief ,intellectual ,property ,negotiator4 4 #d4 ,annual report on acts1 policies1 and practices of high income countries 7a7 ,list of high income countries ,the ,united ,states ,trade ,representative shall compile and annually update a list of each foreign country that is defined as high income by the official statistics of the ,international ,bank for ,reconstruction and ,development of the ,world ,bank4 7b7 ,report required ,with respect to each country included on the most recent list required under subsection 7a71 the ,united ,states ,trade ,representative1 acting through the ,chief ,pharmaceutical ,trade ,negotiator 7as established pursuant to the amendments made by section #c71 shall annually submit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate and concurrently publish on a publicly available website of the ,united ,states ,trade ,representative a report that-- 7#a7 describes in detail the results of a review of the acts1 policies1 and practices of such country relating to the trade in pharmaceutical products in the previous fiscal year2 7#b7 determines whether such acts1 policies1 or practices-- 7,a7 are not developed and implemented in a fair1 nondiscriminatory1 and transparent manner2 7,b7 are not market-based or do not appropriately recognize the value of innovative medicines2 7,c7 deny reciprocal market access for ,united ,states products2 7,d7 diminish incentives for innovation in a manner that delays1 prevents1 or otherwise adversely impacts the introduction of new medicines in the ,united ,states2 7,e7 violate or are inconsistent with the provisions of1 or otherwise deny benefits to the ,united ,states under1 any bilateral or multilateral trade agreement with such country2 and 7,f7 are unjustifiable or impose a significant burden or unreasonable or discriminatory restriction on ,united ,states commerce with such country2 and 7#c7 describes the current status of any responsive actions taken by the ,united ,states with respect to acts1 policies1 or practices for which the ,united ,states ,trade ,representative has determined and included in any prior report1 pursuant to paragraph 7#b71 that the interests of the ,united ,states are harmed1 including responsive actions pursuant to title ,,iii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaa et seq474 #e4 ,response to adverse actions by high income countries ,not later than #cj days after the ,united ,states ,trade ,representative determines that an act1 policy1 or practice of a country included in the most recent list required under section #d7;a7 meets any of the criteria described in section #d7;b77#b71 the ,united ,states ,trade ,representative shall submit to ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate a plan to respond to the act1 policy1 or practice1 which may include initiating an investigation under title ,,iii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaa et seq471 in accordance with section #cjb7;b77#a7 of that ,act4