I 

117TH CONGRESS 

1ST SESSION H. R. 3035 

To prohibit the authorization of appropriations to the United States Trade 

Representative for supporting a measure at the World Trade Organization waiving certain intellectual property rights, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2021 

Mr. DONALDS (for himself, Mr. BANKS, Ms. SALAZAR, Mr. BUDD, Mr. 

DESJARLAIS, Mr. HUDSON, Mr. FALLON, Mrs. HINSON, Mr. HARRIS, 

Mr. STEUBE, Mr. TIFFANY, Mr. LAMALFA, Mrs. WALORSKI, Mr. DUNCAN, Mr. HAGEDORN, and Mr. C. SCOTT FRANKLIN of Florida) introduced the following bill; which was referred to the Committee on Ways 

and Means 

A BILL 

To prohibit the authorization of appropriations to the United 

States Trade Representative for supporting a measure 

at the World Trade Organization waiving certain intellectual property rights, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Foreign 

5 Attempts to Erode Healthcare Innovation Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The COVID–19 pandemic precipitated a 

4 global response to the need for treatments, thera5 peutics, and vaccines, challenging the life sciences 

6 community to innovate at an unprecedented pace. 

7 (2) In response to this need, life sciences com8 panies across the globe have brought over 600 novel 

9 COVID–19 treatments under development, including 

10 130 vaccines in clinical trials and 176 in pre-clinical 

11 trials. 

12 (3) Predictable, transparent, and enforceable 

13 intellectual property rights have been a cornerstone 

14 of establishing the United States as an innovation 

15 hub before and during the pandemic. 

16 (4) The first two COVID–19 vaccines to be au17 thorized for emergency use in the United States em18 ploy mRNA technology that applies years of sci19 entific research driven by effective, internationally 

20 recognized intellectual property rights, underscoring 

21 the historic mobilization in response to the pandemic 

22 that has resulted in unprecedented partnerships be23 tween governments and business to develop and de24 ploy intellectual property solutions in record time. 

25 (5) The petition, led by India and South Africa, 

26 before the World Trade Organization’s Trade-ReVerDate Sep 11 2014 04:11 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3035.IH H3035

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1 lated Aspects of Intellectual Property Rights Coun2 cil, seeking a waiver to suspend all intellectual prop3 erty rights associated with COVID–19 innovations, 

4 would establish unnecessary barriers to innovation 

5 that put at risk the life-saving solutions to the pan6 demic the world desperately needs. 

7 (6) Proper and effective intellectual property 

8 rights enable the greatest access to life-saving cures 

9 and treatments through voluntary licensing agree10 ments and other valuable partnerships already being 

11 established between life sciences innovators and vac12 cine manufacturers across the globe. 

13 (7) Inadequate United States leadership in de14 fending intellectual property rights internationally 

15 invites foreign competitor governments, including the 

16 Government of China, to take advantage of weak 

17 global protections, thereby undermining American 

18 investment and United States leadership in the life 

19 sciences. 

20 SEC. 3. SENSE OF CONGRESS. 

21 It is the sense of Congress that— 

22 (1) the United States should continue to pro23 mote strong international property rights inter24 nationally; and 


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1 (2) it is in the national interest of the United 

2 States to oppose efforts to transfer American intel3 lectual property and technology to China or other 

4 countries seeking to profit off United States invest5 ments. 

6 SEC. 4. PROHIBITION ON USE OF FUNDS. 

7 None of the funds authorized to be appropriated or 

8 otherwise made available to the United States Trade Rep9 resentative may be used to support, allow, or facilitate the 

10 negotiation or approval of— 

11 (1) the ‘‘Waiver from Certain Provisions of the 

12 TRIPS Agreement for the Prevention, Containment, 

13 and Treatment of COVID–19’’ put forth by India 

14 and South Africa; or 

15 (2) any other measure at the World Trade Or16 ganization to waive intellectual property rights. 

Æ 


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