I 

117TH CONGRESS 

1ST SESSION H. R. 3236 

To prohibit the President from taking any action to support the waiver 

of obligations of members of the World Trade Organization under the 

Agreement on Trade-Related Aspects of Intellectual Property Rights 

in relation to the prevention, containment, mitigation, or treatment of 

COVID–19 unless a statute is enacted expressly authorizing such a 

waiver with respect to the prevention, containment, mitigation, or treatment of COVID–19, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2021 

Ms. SALAZAR (for herself, Mr. RICE of South Carolina, Mr. DONALDS, Mr. 

JACKSON, and Mr. BILIRAKIS) introduced the following bill; which was 

referred to the Committee on Foreign Affairs, 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 prohibit the President from taking any action to support 

the waiver of obligations of members of the World Trade 

Organization under the Agreement on Trade-Related Aspects of Intellectual Property Rights in relation to the 

prevention, containment, mitigation, or treatment of 

COVID–19 unless a statute is enacted expressly authorizing such a waiver with respect to the prevention, containment, mitigation, or treatment of COVID–19, and 

for other purposes. 


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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 ‘‘American Medical In5 vestment Generating Overseas Security Act’’ or the ‘‘AMI6 GOS Act’’. 

7 SEC. 2. PROHIBITION ON ACTION TO SUPPORT WAIVER OF 

8 OBLIGATIONS OF WTO MEMBERS UNDER THE 

9 TRIPS AGREEMENT IN RELATION TO THE 

10 PREVENTION, CONTAINMENT, MITIGATION, 

11 OR TREATMENT OF COVID–19. 

12 The President may not take any action to support 

13 the waiver of obligations of members of the World Trade 

14 Organization under the TRIPS Agreement to implement 

15 or apply sections 1, 4, 5, and 7 of part II of the TRIPS 

16 Agreement or to enforce such sections under part III of 

17 the TRIPS Agreement in relation to the prevention, con18 tainment, mitigation, or treatment of COVID–19 unless 

19 a statute is enacted expressly authorizing such a waiver 

20 with respect to the prevention, containment, mitigation, 

21 or treatment of COVID–19. 

22 SEC. 3. PRIORITY IN ALLOCATING EXCESS VACCINES FOR 

23 COVID–19 TO OTHER COUNTRIES. 

24 (a) IN GENERAL.—In allocating vaccines for 

25 COVID–19 that are procured by or otherwise subject to 


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1 the control of the Federal Government and in excess of 

2 the demand for such vaccines by individuals in the United 

3 States who are eligible to receive such vaccines, the Presi4 dent shall allocate such vaccines in accordance with the 

5 following order of priority: 

6 (1) First, to other countries in the Western 

7 Hemisphere with the lowest rates of immunization 

8 for COVID–19. 

9 (2) Second, to other countries in the Western 

10 Hemisphere based on other metrics developed by the 

11 President. 

12 (3) Third, to United States allies and partner 

13 countries with the lowest rates of immunization for 

14 COVID–19. 

15 (4) Fourth, to United States allies and partner 

16 countries based on the metrics developed under 

17 paragraph (2). 

18 (b) EXCEPTIONS.—In allocating vaccines described in 

19 subsection (a), the President may waive the prioritization 

20 otherwise required by such subsection to allocate such vac21 cines to countries that are determined by the President 

22 to be— 

23 (1) experiencing a significantly high number of 

24 per capita COVID–19 cases and associated hos25 pitalizations; 


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•HR 3236 IH

1 (2) at risk of a country-wide health care system 

2 collapse as a result of COVID–19; or 

3 (3) experiencing the spread of a variant of 

4 SARS–CoV–2 that needs to be contained. 

5 (c) MONITORING.—The President shall monitor the 

6 allocation of vaccines for COVID–19 to foreign countries 

7 under this section to ensure the governments of such coun8 tries provide such vaccines to the peoples of such countries 

9 in a timely manner and do not otherwise withhold such 

10 vaccines. 

11 SEC. 4. MARKING REQUIREMENTS. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (b), vaccines for COVID–19 provided to foreign countries 

14 under section 3 shall be marked as assistance from the 

15 American people or the United States Government and 

16 shall include a depiction of the flag of the United States 

17 if appropriate. 

18 (b) EXCEPTION.—The marking requirements of sub19 section (a) shall not apply if the President determines that 

20 such requirements will endanger the lives or safety of per21 sons delivering such vaccines or would have an adverse ef22 fect on the administration of such vaccines. 

23 SEC. 5. DEFINITIONS. 

24 In this Act: 


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1 (1) COVID–19.—The term ‘‘COVID–19’’ re2 fers to the 2019 coronavirus disease caused by 

3 SARS–CoV–2. 

4 (2) SARS–CoV–2.—The term ‘‘SARS–CoV–2’’ 

5 refers to the severe acute respiratory syndrome 

6 coronavirus 2 virus responsible for COVID–19 and 

7 includes any viral variant mutating therefrom with 

8 pandemic potential. 

9 (3) TRIPS AGREEMENT.—The term ‘‘TRIPS 

10 Agreement’’ means the Agreement on Trade-Related 

11 Aspects of Intellectual Property Rights referred to in 

12 section 101(d)(15) of the Uruguay Round Agree13 ments Act (19 U.S.C. 3511(d)(15)). 

Æ 


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