I 
109TH CONGRESS 
1ST SESSION H. R. 3583 
To clarify that the overall trade negotiating objectives of the United States 
include avoiding provisions in trade agreements that restrict the access 
of consumers in the United States to pharmaceutical imports, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mrs. NORTHUP (for herself, Ms. DELAURO, Mr. BROWN of Ohio, Mrs. EMER-
SON, Mr. BERRY, Mr. SANDERS, Mr. EMANUEL, Mr. GUTKNECHT, and 
Mr. SIMPSON) introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To clarify that the overall trade negotiating objectives of 
the United States include avoiding provisions in trade 
agreements that restrict the access of consumers in the 
United States to pharmaceutical imports, and for other 
purposes. 
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 ‘‘Protecting Free Trade 
in Pharmaceuticals Act of 2005’’.
SEC. 2. PHARMACEUTICAL IMPORTS; OBJECTIVES IN NEGO-
TIATION OF TRADE AGREEMENTS. 
(a) IN GENERAL.—Section 2102(a) of the Bipartisan 
Trade Promotion Authority Act of 2002 (19 U.S.C. 
3802(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(8); 
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(10) to avoid negotiating trade agreements 
that could restrict, or be interpreted to restrict, the 
access of consumers in the United States to pharma-
ceutical imports from countries with a pharma-
ceutical infrastructure that is equivalent, or supe-
rior, to that of the United States— 
‘‘(A) by or through the use and develop-
ment of the doctrine of international patent ex-
haustion, as interpreted or applied by United 
States courts on the date of enactment of this 
Act; or 
‘‘(B) by making it a violation for the 
United States to enact legislation permitting 
pharmaceutical imports without the consent of 
patent owners when the products involved have 
been sold outside the United States.’’.
(b) CERTAIN PROHIBITIONS.—Notwithstanding any 
other provision of law, the United States Trade Represent-
ative— 
(1) may not enter into a bilateral or multilat-
eral trade agreement that, with respect to the impor-
tation of pharmaceutical products without the con-
sent of the patent owners, includes provisions that 
are the same or similar to the provisions of— 
(A) paragraph 2 of Article 16.7 of the 
United States-Singapore Free Trade Agree-
ment; 
(B) paragraph 4 of Article 17.9 of the 
United States-Australia Free Trade Agreement; 
or 
(C) paragraph 4 of Article 15.9 of the 
United States-Morocco Free Trade Agreement; 
and 
(2) may not, with respect to the importation of 
pharmaceutical products without the consent of the 
patent owners, negotiate an agreement or under-
standing with respect to any of the provisions re-
ferred to in paragraph (1). 
(c) INTELLECTUAL
PROPERTY; ADVISORY
COM-
MITTEE
FOR UNITED STATES TRADE REPRESENTA-
TIVE.—With respect to the advisory committee established
to provide advice to the United States Trade Representa-
tive on matters relating to intellectual property, the Rep-
resentative shall ensure that, for each meeting that is held 
after the date of the enactment of this Act and relates 
or potentially relates to the importation of pharmaceutical 
products into the United States— 
(1) the membership of the committee includes 
members who represent the interests of consumers 
of such products; and 
(2) the number of such members constitutes not 
less than 10 percent of the membership of the com-
mittee. 
Æ