I

106TH CONGRESS

2D SESSION H. R. 5101

To require certain actions with respect to the availability of HIV/AIDS

pharmaceuticals and medical technologies in developing countries, including sub-Saharan African countries.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 2000

Ms. WATERS (for herself, Ms. LEE, Ms. SCHAKOWSKY, Mr. FRANK of Massachusetts, Mrs. CHRISTENSEN, Mr. BROWN of Ohio, Mr. WYNN, Ms.

MCKINNEY, Mr. SANDERS, Mr. ABERCROMBIE, Mr. FROST, and Mr.

SERRANO) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on International Relations, 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 HIV/AIDS pharmaceuticals and medical technologies

in developing countries, including sub-Saharan African

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 ‘‘Affordable HIV/AIDS

5 Medicines for Poor Countries Act’’.
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1 SEC. 2. POLICIES TO INCREASE THE AVAILABILITY OF AF2 FORDABLE HIV/AIDS MEDICINES IN DEVEL3 OPING 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, including sub-Saharan Af9 rican countries, to enact policies to make HIV/AIDS phar10 maceuticals and medical technologies available to their

11 populations without charge or at affordable prices.

12 (b) PRICING PRACTICES OF PHARMACEUTICAL COM13 PANIES.—The Secretary of the Treasury, the Adminis14 trator of the United States Agency for International De15 velopment, the United States Trade Representative, and

16 the Administrator of the Food and Drug Administration

17 shall encourage pharmaceutical companies to make HIV/

18 AIDS pharmaceuticals and medical technologies available

19 to people who live in developing countries, including sub20 Saharan African countries, without charge or at affordable

21 prices, taking into consideration their income levels.

22 SEC. 3. LIMITATION ON USE OF FUNDS.

23 Funds appropriated or otherwise made available to

24 any department or agency of the United States may not

25 be obligated or expended to seek, through negotiation or

26 otherwise, the revocation or revision of any intellectual
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1 property or competition law or policy of a developing coun2 try, including any sub-Saharan African country, that regu3 lates HIV/AIDS pharmaceuticals or medical technologies

4 if the law or policy promotes access to HIV/AIDS pharma5 ceuticals or medical technologies to the population of the

6 country.

7 SEC. 4. PROHIBITION ON CERTAIN WTO ACTIONS.

8 Notwithstanding any other provision of law, the

9 United States Trade Representative (or the designee of

10 the Trade Representative) may not initiate a proceeding

11 in the World Trade Organization (WTO) challenging any

12 law or policy of a developing country, including a sub-Sa13 haran African country, that promotes access to HIV/AIDS

14 pharmaceuticals or medical technologies to the population

15 of the country.

16 SEC. 5. EXEMPTION OF APPLICATION OF CERTAIN INTER17 NATIONAL INTELLECTUAL PROPERTY

18 AGREEMENTS.

19 The President shall direct the United States rep20 resentative to the World Trade Organization (WTO) to

21 urge the World Trade Organization (WTO) and WTO

22 members and member countries to exempt developing

23 countries, including all sub-Saharan African countries,

24 from the application of any provision of the Agreement

25 on Trade-Related Aspects of Intellectual Property Rights
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1 (as described in section 101(d)(15) of the Uruguay Round

2 Agreements Act (19 U.S.C. 3511(d)(15))), or the applica3 tion of any provision of any other international agreement

4 relating to intellectual property rights, that would prohibit

5 or otherwise restrict those countries from establishing or

6 implementing any law or policy that promotes access to

7 HIV/AIDS pharmaceuticals or medical technologies to

8 their populations.

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