H.R. 2700, The HELP for Africa Act

[James Love <love@cptech.org>]

Subject: H.R. 2700, The HELP for Africa Act
   Date: Thu, 5 Aug 1999 13:10:46 -0400
  From: "Seymore, George" <George.Seymore@mail.house.gov>

Yesterday, Congressman Jesse L. Jackson, Jr. introduced the
"Highly Essential Life-saving Pharmaceuticals for Africa Act
(HELP for Africa Act)." If you have any questions regarding the
measure please contact George Seymore of Rep. Jacksons' staff by
e-mail at george.seymore@mail.house.gov or by phone at (202) 225
- 0773.

------------------------------------------------------	

Here is a copy of the bill.  It appears as though the bill have
will have several referrals.   Jamie





106TH CONGRESS
1ST SESSION
H. R. 2700

IN THE HOUSE OF REPRESENTATIVES
Mr. JACKSON of Illinois introduced the following bill; which was
referred to
the Committee on ------------------

A BILL
To require that United States supported clinical research that is
conducted in sub-Saharan African countries be conducted in
accordance with the most protective ethical standards regarding
the use of human research subjects, and to prohibit the
revocation or revision of intellectual property or competition
laws or policies of sub-Saharan African countries that are
designed to promote access to pharmaceuticals or other medical
technologies. Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, 

SECTION 1. SHORT TITLE. 1

This Act may be cited as the ''Highly Essential Life saving
Pharmaceuticals for Africa Act'' or the ''HELP for Africa Act''. 

SEC. 2. ETHICAL STANDARDS REGARDING USE OF HUMAN SUBJECTS IN
UNITED STATES SUPPORTED  RESEARCH IN SUB-SAHARAN AFRICAN
COUNTRIES. 

No funds appropriated or otherwise made available to any Federal
department or agency may be expended for the conduct in a
sub-Saharan African country of clinical research unless the
following conditions are met:
(1) The research is conducted in accordance with the same ethical
standards regarding the use of human research subjects as apply
to clinical research in the United States that is conducted or
supported by the National Institutes of Health. 

(2) The research is conducted in accordance with the
International Ethical Guidelines for Bio-medical Research
Involving Human Subjects (pre-pared by the Council for
International Organizations of Medical Sciences and the World
Health Organization), as in effect on the date of the enactment
of this Act. 

(3) The research is conducted in accordance with the World
Medical Association's Declaration of Helsinki, as in effect on
the date of the enactment of this Act. 

(4) With respect to a particular issue regarding the protection
of human subjects (including the issue of informed consent), if
there are inconsistencies among the ethical standards or
guidelines referred to in paragraphs (1) through (3), the
standard or guideline that is most protective of human subjects 
is applied. 

(5) Before the research is conducted, the Federal department or
agency involved negotiates an agreement with the entity that will
conduct the research, the purpose of which negotiation is to
provide, to the greatest extent practicable, that if pursuant to
the research the medical treatment involved is determined to be
safe and effective, the entity will, in accordance with the law
of the sub-Saharan African country in which the research is
conducted, make the treatment available to the individuals who
participated as subjects in the research, and to other
individuals in such country who have a medical need for the
treatment, for a price that gives such individuals reasonable
access to the treatment. 
								
SEC. 3. INTELLECTUAL PROPERTY OR COMPETITION LAWS OR POLICIES OF
SUB-SAHARAN AFRICAN COUNTRIES. 

No funds appropriated or otherwise made available to any Federal
department or agency may be used to seek, through negotiation or
otherwise, the revocation or revision of any intellectual
property or competition law or policy of a sub-Saharan African
country that is designed to promote access to pharmaceuticals or
other medical technologies if such law or policy, as the case may
be, complies with the Agreement on Trade-Related Aspects of
Intellectual Property Rights referred to in section 101(d)(15) of
the Uruguay Round Agreements Act (19 U.S.C. 13 3511(d)(15)). 

SEC. 4. SUB-SAHARAN AFRICAN COUNTRY DEFINED. 

In this Act, the term ''sub-Saharan African country'' means any
of the following: 

Republic of Angola (Angola) 
Republic of Botswana (Botswana) 
Republic of Burundi (Burundi) 
Republic of Cape Verde (Cape Verde) 
Republic of Chad (Chad) 
Democratic Republic of Congo 
Republic of the Congo (Congo) 
Republic of Djibouti (Djibouti) 
State of Eritrea (Eritrea) 
Gabonese Republic (Gabon)
Republic of Ghana (Ghana)
Republic of Guinea-Bissau (Guinea-Bissau)
Kingdom of Lesotho (Lesotho)
Republic of Madagascar (Madagascar)
Republic of Mali (Mali)
Republic of Mauritius (Mauritius)
Republic of Namibia (Namibia)
Federal Republic of Nigeria (Nigeria)
Democratic Republic of Sao Tome ´ and Principe 
(Sao Tome ´ and Principe) 
Republic of Sierra Leone (Sierra Leone) 
Somalia 
Kingdom of Swaziland (Swaziland) 
Republic of Togo (Togo) 
Republic of Zimbabwe (Zimbabwe) 
Republic of Benin (Benin) 
Burkina Faso (Burkina) 
Republic of Cameroon (Cameroon) 
Central African Republic 
Federal Islamic Republic of the Comoros (Comoros) 
Republic of Co à te d'Ivoire (Co à te d'Ivoire) 
Republic of Equatorial Guinea (Equatorial Guinea) 
Ethiopia 
Republic of the Gambia (Gambia) 
Republic of Guinea (Guinea) 
Republic of Kenya (Kenya) 
Republic of Liberia (Liberia) 
Republic of Malawi (Malawi) 
Islamic Republic of Mauritania (Mauritania) 
Republic of Mozambique (Mozambique) 
Republic of Niger (Niger) 
Republic of Rwanda (Rwanda)  
Republic of Senegal (Senegal)   
Republic of Seychelles (Seychelles)   
Republic of South Africa (South Africa)   
Republic of Sudan (Sudan)   
United Republic of Tanzania (Tanzania)   
Republic of Uganda (Uganda)   
Republic of Zambia (Zambia) 



-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org