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 Organiza-
tion 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. DUN-
CAN, Mr. HAGEDORN, and Mr. C. SCOTT FRANKLIN of Florida) intro-
duced 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 intellec-
tual property rights, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Foreign 
Attempts to Erode Healthcare Innovation Act’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The COVID–19 pandemic precipitated a 
global response to the need for treatments, thera-
peutics, and vaccines, challenging the life sciences 
community to innovate at an unprecedented pace. 
(2) In response to this need, life sciences com-
panies across the globe have brought over 600 novel 
COVID–19 treatments under development, including 
130 vaccines in clinical trials and 176 in pre-clinical 
trials. 
(3) Predictable, transparent, and enforceable 
intellectual property rights have been a cornerstone 
of establishing the United States as an innovation 
hub before and during the pandemic. 
(4) The first two COVID–19 vaccines to be au-
thorized for emergency use in the United States em-
ploy mRNA technology that applies years of sci-
entific research driven by effective, internationally 
recognized intellectual property rights, underscoring 
the historic mobilization in response to the pandemic 
that has resulted in unprecedented partnerships be-
tween governments and business to develop and de-
ploy intellectual property solutions in record time. 
(5) The petition, led by India and South Africa, 
before the World Trade Organization’s Trade-Re-
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lated Aspects of Intellectual Property Rights Coun-
cil, seeking a waiver to suspend all intellectual prop-
erty rights associated with COVID–19 innovations, 
would establish unnecessary barriers to innovation 
that put at risk the life-saving solutions to the pan-
demic the world desperately needs. 
(6) Proper and effective intellectual property 
rights enable the greatest access to life-saving cures 
and treatments through voluntary licensing agree-
ments and other valuable partnerships already being 
established between life sciences innovators and vac-
cine manufacturers across the globe. 
(7) Inadequate United States leadership in de-
fending intellectual property rights internationally 
invites foreign competitor governments, including the 
Government of China, to take advantage of weak 
global protections, thereby undermining American 
investment and United States leadership in the life 
sciences. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States should continue to pro-
mote strong international property rights inter-
nationally; and 
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(2) it is in the national interest of the United 
States to oppose efforts to transfer American intel-
lectual property and technology to China or other 
countries seeking to profit off United States invest-
ments. 
SEC. 4. PROHIBITION ON USE OF FUNDS. 
None of the funds authorized to be appropriated or 
otherwise made available to the United States Trade Rep-
resentative may be used to support, allow, or facilitate the 
negotiation or approval of— 
(1) the ‘‘Waiver from Certain Provisions of the 
TRIPS Agreement for the Prevention, Containment, 
and Treatment of COVID–19’’ put forth by India 
and South Africa; or 
(2) any other measure at the World Trade Or-
ganization to waive intellectual property rights. 
Æ 
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