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[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1690 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1690

  To amend the Export-Import Bank Act of 1945 to prohibit the Export-
Import Bank of the United States from assisting the export of any good 
  or service to or by any company that is challenging an intellectual 
   property law or government policy of a developing country, which 
regulates and promotes access to an HIV/AIDS pharmaceutical or medical 
                              technology.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2001

Ms. Waters (for herself and Mr. Sanders) introduced the following bill; 
       which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
  To amend the Export-Import Bank Act of 1945 to prohibit the Export-
Import Bank of the United States from assisting the export of any good 
  or service to or by any company that is challenging an intellectual 
   property law or government policy of a developing country, which 
regulates and promotes access to an HIV/AIDS pharmaceutical or medical 
                              technology.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Export-Import Bank HIV/AIDS Medicine 
Access Promotion Act''.

SEC. 2. BAN ON EXPORT-IMPORT BANK ASSISTANCE FOR COMPANIES CHALLENGING 
              INTELLECTUAL PROPERTY LAW OR GOVERNMENT POLICY OF A 
              DEVELOPING COUNTRY, WHICH REGULATES AND PROMOTES ACCESS 
              TO HIV/AIDS PHARMACEUTICAL OR MEDICAL TECHNOLOGY.

    Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(b)) is amended by adding at the end the following:
    ``(13) Prohibition relating to companies challenging intellectual 
property law or government policy of a developing country, which 
regulates and promotes access to hiv/aids pharmaceutical or medical 
technology.--
                    ``(A) In general.--The Bank may not guarantee, 
                insure, or extend (or participate in the extension of) 
                credit in connection with the export of any good or 
                service by or to a restrictive company or the parent or 
                a subsidiary of such a company.
                    ``(B) Definitions.--In this paragraph:
                            ``(i) Restrictive company.--The term 
                        `restrictive company' means a company that--
                                    ``(I) is challenging the validity 
                                of a qualified HIV/AIDS access law or 
                                policy in a court of law;
                                    ``(II) is a complaining party with 
                                respect to such a law or policy, 
                                pursuant to any provision of the 
                                Agreement on Trade-Related Aspects of 
                                Intellectual Property Rights (as 
                                described in section 101(d)(15) of the 
                                Uruguay Round Agreements Act (19 U.S.C. 
                                3511(d)(15))), or any provision of any 
                                other international agreement relating 
                                to intellectual property rights; or
                                    ``(III) has made a formal complaint 
                                to the United States Trade 
                                Representative about such a law or 
                                policy, which complaint has not been 
                                withdrawn.
                            ``(ii) Qualified hiv/aids access law or 
                        policy.--The term `qualified HIV/AIDS access 
                        law or policy' means a law or government policy 
                        of a developing country, relating to 
                        intellectual property, which--
                                    ``(I) has the effect of regulating 
                                the use of a pharmaceutical or 
                                technology that may be used in the 
                                treatment of human immunodeficiency 
                                virus or acquired immune deficiency 
                                syndrome, or an associated 
                                opportunistic disease; and
                                    ``(II) promotes access to the 
                                pharmaceutical or technology by the 
                                population of any such country.
                            ``(iii) Developing country.--The term 
                        `developing country' means a country that has a 
                        per capita income which does not exceed that of 
                        an upper middle income country, as defined in 
                        the World Development Report published by the 
                        International Bank for Reconstruction and 
                        Development.''.
                                 <all>
```