[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1185 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1185

To prohibit 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, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2001

 Ms. Lee (for herself, Ms. Schakowsky, Mr. Sanders, Mrs. Christensen, 
   Mr. Davis of Illinois, Ms. Millender-McDonald, Ms. Jackson-Lee of 
Texas, Mrs. Jones of Ohio, and Ms. Kilpatrick) introduced the following 
  bill; which was referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
To prohibit 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, and for 
                            other purposes.

    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 ``Global Access to HIV/AIDS Medicines 
Act of 2001''.

SEC. 2. LIMITATION ON USE OF FUNDS.

    (a) Limitation.--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 law or policy of a developing 
country described in subsection (b) that regulates HIV/AIDS 
pharmaceuticals or medical technologies if the law or policy--
            (1) promotes access to HIV/AIDS pharmaceuticals or medical 
        technologies to the population of the country; and
            (2) provides adequate and effective intellectual property 
        protection consistent with 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))).
    (b) Developing Countries.--A developing country described in this 
subsection is a developing country, including a sub-Saharan African 
country--
            (1) in which five percent or more of the population is 
        infected with HIV; or
            (2) the government of which has declared a national 
        emergency with respect to HIV/AIDS.

SEC. 3. POLICIES TO ADDRESS THE HIV/AIDS CRISIS.

    The President shall encourage all developing countries described in 
section 2(b) to implement policies designed to address the underlying 
causes of the HIV/AIDS crisis by, among other things, making efforts to 
encourage practices that will prevent further transmission and 
infection and to stimulate development of the infrastructure necessary 
to deliver adequate health services, and by encouraging policies that 
provide an incentive for public and private research on, and 
development of, vaccines and other medical innovations that will combat 
the HIV/AIDS epidemic, particularly the HIV/AIDS epidemic in Africa.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) HIV.--The term ``HIV'' means infection with the human 
        immunodeficiency virus.
            (2) AIDS.--The term ``AIDS'' means acquired immune 
        deficiency syndrome.
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