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) intro-
duced the following bill; which was referred to the Committee on Inter-
national 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 jurisdic-
tion of the committee concerned 
A BILL 
To require certain actions with respect to the availability 
of medicines for HIV/AIDS and other diseases in devel-
oping countries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicines to Eliminate 
Diseases in Developing States Act’’ or the ‘‘MEDDS Act’’.
SEC. 2. POLICIES TO INCREASE THE AVAILABILITY OF AF-
FORDABLE 
MEDICINES 
IN 
DEVELOPING 
COUNTRIES. 
(a) PRICING
POLICIES
OF
DEVELOPING
COUN-
TRIES.—The Secretary of the Treasury, the Administrator 
of the United States Agency for International Develop-
ment, and the United States Trade Representative shall 
encourage developing countries to enact policies to make 
medicines for HIV/AIDS and other diseases available to 
their populations without charge or at affordable prices. 
(b) PRICING PRACTICES OF PHARMACEUTICAL COM-
PANIES.—The Secretary of the Treasury, the Adminis-
trator of the United States Agency for International De-
velopment, the United States Trade Representative, and 
the Administrator of the Food and Drug Administration 
shall encourage pharmaceutical companies to make medi-
cines for HIV/AIDS and other diseases available to people 
who live in developing countries without charge or at af-
fordable prices, taking into consideration their income lev-
els. 
SEC. 3. LIMITATION ON USE OF FUNDS. 
Funds appropriated or otherwise made available to 
any department or agency of the United States may not 
be obligated or expended to seek, through negotiation or 
otherwise, the revocation or revision of any intellectual 
property or competition law or policy of a developing coun-
try that regulates medicines for HIV/AIDS and other dis-
eases if the law or policy promotes access to such medi-
cines to the population of the country. 
SEC. 4. PROHIBITION ON CERTAIN WTO ACTIONS. 
Notwithstanding any other provision of law, the 
United States Trade Representative (or the designee of 
the Trade Representative) may not initiate a proceeding 
in the World Trade Organization (WTO) challenging any 
law or policy of a developing country that promotes access 
to medicines for HIV/AIDS and other diseases to the pop-
ulation of the country. 
SEC. 5. TRADE POLICIES TO PROMOTE ACCESS TO MEDI-
CINES FOR HIV/AIDS AND OTHER DISEASES 
IN DEVELOPING COUNTRIES. 
(a) EXISTING AGREEMENTS.—The President shall 
direct the United States representative to the World Trade 
Organization (WTO) to urge the WTO and WTO mem-
bers and member countries—
(1) to support full implementation of the ‘‘Dec-
laration on the TRIPS Agreement and Public 
Health’’ adopted by the WTO at the Fourth Min-
isterial Conference at Doha, Qatar, on November 14, 
2001; and 
(2) to exempt developing countries from the ap-
plication of 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 the application of any provision of 
any other multilateral, regional, or bilateral trade 
agreement, that would prohibit or otherwise restrict 
those countries from establishing or implementing 
any law or policy that promotes access to medicines 
for HIV/AIDS and other diseases to their popu-
lations. 
(b) FUTURE AGREEMENTS.—In conducting negotia-
tions with foreign countries to enter into bilateral, re-
gional, or multilateral trade agreements, the United States 
Trade Representative shall oppose the inclusion of any 
provision that would prohibit or otherwise restrict devel-
oping countries from establishing or implementing any law 
or policy that promotes access to medicines for HIV/AIDS 
and other diseases to their populations. 
SEC. 6. DEFINITION. 
In this Act, the term ‘‘medicines for HIV/AIDS and 
other diseases’’ means all medicines, including tech-
nologies and treatments, that are considered to be medi-
cally appropriate or clinically indicated for the prevention
or treatment of HIV/AIDS or other diseases or medical 
conditions.
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