[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5101 Introduced in House (IH)]







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.

    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 ``Affordable HIV/AIDS Medicines for 
Poor Countries Act''.

SEC. 2. POLICIES TO INCREASE THE AVAILABILITY OF AFFORDABLE HIV/AIDS 
              MEDICINES IN DEVELOPING COUNTRIES.

    (a) Pricing Policies of Developing Countries.--The Secretary of the 
Treasury, the Administrator of the United States Agency for 
International Development, and the United States Trade Representative 
shall encourage developing countries, including sub-Saharan African 
countries, to enact policies to make HIV/AIDS pharmaceuticals and 
medical technologies available to their populations without charge or 
at affordable prices.
    (b) Pricing Practices of Pharmaceutical Companies.--The Secretary 
of the Treasury, the Administrator of the United States Agency for 
International Development, 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 
country, including any sub-Saharan African country, that regulates HIV/
AIDS pharmaceuticals or medical technologies if the law or policy 
promotes access to HIV/AIDS pharmaceuticals 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-Saharan 
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 INTERNATIONAL INTELLECTUAL 
              PROPERTY AGREEMENTS.

    The President shall direct the United States representative 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 
application 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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