[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2470 Introduced in House (IH)]






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) 
 introduced the following bill; which was referred to the Committee on 
 International 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 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To require certain actions with respect to the availability of 
   medicines for HIV/AIDS and other diseases in developing 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 ``Medicines to Eliminate Diseases in 
Developing States Act'' or the ``MEDDS Act''.

SEC. 2. POLICIES TO INCREASE THE AVAILABILITY OF AFFORDABLE 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 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 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 medicines for HIV/AIDS and other 
diseases available to people who live in developing 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 that regulates medicines for HIV/AIDS and other diseases if the 
law or policy promotes access to such medicines 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 population of the 
country.

SEC. 5. TRADE POLICIES TO PROMOTE ACCESS TO MEDICINES 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 members and member countries--
            (1) to support full implementation of the ``Declaration on 
        the TRIPS Agreement and Public Health'' adopted by the WTO at 
        the Fourth Ministerial Conference at Doha, Qatar, on November 
        14, 2001; and
            (2) to exempt developing 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 
        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 
        populations.
    (b) Future Agreements.--In conducting negotiations with foreign 
countries to enter into bilateral, regional, or multilateral trade 
agreements, the United States Trade Representative shall oppose the 
inclusion of any provision that would prohibit or otherwise restrict 
developing 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 technologies and treatments, that are 
considered to be medically appropriate or clinically indicated for the 
prevention or treatment of HIV/AIDS or other diseases or medical 
conditions.
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