I 

108TH CONGRESS 

1ST SESSION H. R. 2470

To require certain actions with respect to the availability of medicines for 

HIV/AIDS and other diseases in developing countries. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2003

Ms. WATERS (for herself, Mr. KUCINICH, Ms. LEE, and Mr. STARK) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To require certain actions with respect to the availability 

of medicines for HIV/AIDS and other diseases in developing countries.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicines to Eliminate 

5 Diseases in Developing States Act’’ or the ‘‘MEDDS Act’’. 
2

•HR 2470 IH 

1 SEC. 2. POLICIES TO INCREASE THE AVAILABILITY OF AF2 FORDABLE MEDICINES IN DEVELOPING 

3 COUNTRIES. 

4 (a) PRICING POLICIES OF DEVELOPING COUN5 TRIES.—The Secretary of the Treasury, the Administrator 

6 of the United States Agency for International Develop7 ment, and the United States Trade Representative shall 

8 encourage developing countries to enact policies to make 

9 medicines for HIV/AIDS and other diseases available to 

10 their populations without charge or at affordable prices. 

11 (b) PRICING PRACTICES OF PHARMACEUTICAL COM12 PANIES.—The Secretary of the Treasury, the Adminis13 trator of the United States Agency for International De14 velopment, the United States Trade Representative, and 

15 the Administrator of the Food and Drug Administration 

16 shall encourage pharmaceutical companies to make medi17 cines for HIV/AIDS and other diseases available to people 

18 who live in developing countries without charge or at af19 fordable prices, taking into consideration their income lev20 els. 

21 SEC. 3. LIMITATION ON USE OF FUNDS. 

22 Funds appropriated or otherwise made available to 

23 any department or agency of the United States may not 

24 be obligated or expended to seek, through negotiation or 

25 otherwise, the revocation or revision of any intellectual 

26 property or competition law or policy of a developing coun-
3

•HR 2470 IH 

1 try that regulates medicines for HIV/AIDS and other dis2 eases if the law or policy promotes access to such medi3 cines to the population of the country. 

4 SEC. 4. PROHIBITION ON CERTAIN WTO ACTIONS. 

5 Notwithstanding any other provision of law, the 

6 United States Trade Representative (or the designee of 

7 the Trade Representative) may not initiate a proceeding 

8 in the World Trade Organization (WTO) challenging any 

9 law or policy of a developing country that promotes access 

10 to medicines for HIV/AIDS and other diseases to the pop11 ulation of the country. 

12 SEC. 5. TRADE POLICIES TO PROMOTE ACCESS TO MEDI13 CINES FOR HIV/AIDS AND OTHER DISEASES 

14 IN DEVELOPING COUNTRIES. 

15 (a) EXISTING AGREEMENTS.—The President shall 

16 direct the United States representative to the World Trade 

17 Organization (WTO) to urge the WTO and WTO mem18 bers and member countries—

19 (1) to support full implementation of the ‘‘Dec20 laration on the TRIPS Agreement and Public 

21 Health’’ adopted by the WTO at the Fourth Min22 isterial Conference at Doha, Qatar, on November 14, 

23 2001; and 

24 (2) to exempt developing countries from the ap25 plication of any provision of the Agreement on 
4

•HR 2470 IH 

1 Trade-Related Aspects of Intellectual Property 

2 Rights (as described in section 101(d)(15) of the 

3 Uruguay Round Agreements Act (19 U.S.C. 

4 3511(d)(15))), or the application of any provision of 

5 any other multilateral, regional, or bilateral trade 

6 agreement, that would prohibit or otherwise restrict 

7 those countries from establishing or implementing 

8 any law or policy that promotes access to medicines 

9 for HIV/AIDS and other diseases to their popu10 lations. 

11 (b) FUTURE AGREEMENTS.—In conducting negotia12 tions with foreign countries to enter into bilateral, re13 gional, or multilateral trade agreements, the United States 

14 Trade Representative shall oppose the inclusion of any 

15 provision that would prohibit or otherwise restrict devel16 oping countries from establishing or implementing any law 

17 or policy that promotes access to medicines for HIV/AIDS 

18 and other diseases to their populations. 

19 SEC. 6. DEFINITION. 

20 In this Act, the term ‘‘medicines for HIV/AIDS and 

21 other diseases’’ means all medicines, including tech22 nologies and treatments, that are considered to be medi23 cally appropriate or clinically indicated for the prevention 
5

•HR 2470 IH 

1 or treatment of HIV/AIDS or other diseases or medical 

2 conditions.

Æ