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, includ-
ing sub-Saharan African countries.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 2000
Ms. WATERS (for herself, Ms. LEE, Ms. SCHAKOWSKY, Mr. FRANK of Massa-
chusetts, 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 Com-
mittee on Ways and Means, and in addition to the Committee on Inter-
national 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.
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 ‘‘Affordable HIV/AIDS
Medicines for Poor Countries Act’’.
SEC. 2. POLICIES TO INCREASE THE AVAILABILITY OF AF-
FORDABLE HIV/AIDS MEDICINES IN DEVEL-
OPING 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, including sub-Saharan Af-
rican countries, to enact policies to make HIV/AIDS phar-
maceuticals and medical technologies 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 HIV/
AIDS pharmaceuticals and medical technologies available
to people who live in developing countries, including sub-
Saharan African countries, without charge or at affordable
prices, taking into consideration their income levels.
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, including any sub-Saharan African country, that regu-
lates HIV/AIDS pharmaceuticals or medical technologies
if the law or policy promotes access to HIV/AIDS pharma-
ceuticals or medical technologies 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, including a sub-Sa-
haran African country, that promotes access to HIV/AIDS
pharmaceuticals or medical technologies to the population
of the country.
SEC. 5. EXEMPTION OF APPLICATION OF CERTAIN INTER-
NATIONAL 
INTELLECTUAL 
PROPERTY
AGREEMENTS.
The President shall direct the United States rep-
resentative to the World Trade Organization (WTO) to
urge the World Trade Organization (WTO) and WTO
members and member countries to exempt developing
countries, including all sub-Saharan African countries,
from the application 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 applica-
tion of any provision of any other international agreement
relating to intellectual property rights, that would prohibit
or otherwise restrict those countries from establishing or
implementing any law or policy that promotes access to
HIV/AIDS pharmaceuticals or medical technologies to
their populations.
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