I 

117TH CONGRESS 

1ST SESSION H. R. 3694 

To direct the Secretary of Health and Human Services, in consultation 

with the United States Trade Representative and other heads of Federal 

agencies, to submit to Congress a report on the impact of a waiver 

of certain obligations of member nations under the Agreement on TradeRelated Aspects of Intellectual Property Rights on global COVID–19 

vaccine access, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2021 

Mr. CARTER of Georgia introduced the following bill; which was referred to 

the Committee on Ways and Means 

A BILL 

To direct the Secretary of Health and Human Services, 

in consultation with the United States Trade Representative and other heads of Federal agencies, to submit to 

Congress a report on the impact of a waiver of certain 

obligations of member nations under the Agreement on 

Trade-Related Aspects of Intellectual Property Rights 

on global COVID–19 vaccine access, 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, 


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1 SECTION 1. INTERAGENCY PUBLIC HEALTH REPORT ON IM2 PACT OF TRIPS WAIVER ON GLOBAL COVID– 

3 19 VACCINE ACCESS. 

4 (a) REPORT AND CONCLUSION.—Not later than 60 

5 days after the date of the enactment of this section, the 

6 Secretary of Health and Human Services, in consultation 

7 with the United States Trade Representative, the Sec8 retary of Commerce, the Commissioner of Food and 

9 Drugs, and the Director of the Centers for Disease Con10 trol and Prevention, shall submit to Congress, and make 

11 publicly available on a public website of the Department 

12 of Health and Human Services, a report containing the 

13 following: 

14 (1) An assessment of how the elimination or 

15 waiver described in subsection (b) would impact each 

16 of the following during the covered period: 

17 (A) Access to COVID–19 vaccines in the 

18 United States. 

19 (B) Access to COVID–19 vaccines globally. 

20 (C) Global COVID–19 vaccine manufac21 turing capacity. 

22 (D) Global supply chains of COVID–19 

23 vaccines and related technologies and the inputs 

24 needed to produce those vaccines and related 

25 technologies. 


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1 (E) Exports and imports by the United 

2 States of COVID–19 vaccines and related tech3 nologies and the inputs needed to produce such 

4 vaccines and related technologies. 

5 (F) Biopharmaceutical product manufac6 turing in the United States and the inputs 

7 needed to produce biopharmaceutical products. 

8 (G) Investment in biopharmaceutical pro9 duction in the United States and in research 

10 and development in biopharmaceutical products 

11 to respond to future infectious disease out12 breaks and pandemics. 

13 (2) The Secretary’s conclusion on whether an 

14 elimination or waiver, as described in subsection (b), 

15 during the covered period— 

16 (A) will materially increase global COVID– 

17 19 vaccine access; or 

18 (B) will have a negative impact on any of 

19 the factors described in subparagraphs (A) 

20 through (G) of paragraph (1). 

21 (b) USTR OPPOSITION.—The United States Trade 

22 Representative shall oppose an elimination or waiver of an 

23 obligation imposed on members of the World Trade Orga24 nization under the Agreement on Trade-Related Aspects 

25 of Intellectual Property Rights with respect to vaccines inVerDate Sep 11 2014 18:05 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3694.IH H3694

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1 tended to prevent or mitigate COVID–19, if the Secretary 

2 concludes under subsection (a)(2) that such elimination or 

3 waiver— 

4 (1) will not materially increase global COVID– 

5 19 vaccine access; or 

6 (2) will have a negative impact on any of the 

7 factors described in subparagraphs (A) through (G) 

8 of subsection (a)(1). 

9 (c) COVERED PERIOD DEFINED.—The term ‘‘covered 

10 period’’ means the period beginning on the date of the en11 actment of this section and ending on December 31, 2022. 

Æ 


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