HR 5101 IH

To require certain actions with respect to the availability of HIV/AIDS pharmaceuticals and medical technologies in developing countries, including sub-Saharan African countries.

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

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.

END