(a) shall be subject to appropriate discipline, as de-
termined by the President, including suspension 
from duty without pay or removal from office. 
(3) REPORT ON VIOLATIONS.—Immediately fol-
lowing any violation of subsection (a) by an official, 
employee, or agent of the United States, the Presi-
dent shall submit to the appropriate congressional 
committees a report setting forth a statement re-
garding the violation and a description of the actions 
taken with respect to the official, employee, or 
agent, as the case may be, including all relevant 
facts. 
(b) NO EFFECT OF AMENDMENT OR MODIFICATION 
TO AGREEMENT.—No amendment or other modification 
to a trade agreement, including a waiver of one or more 
provisions of the agreement, shall take effect with respect 
to the United States— 
(1) if the amendment or modification adversely 
affects, nullifies, or impairs the benefits to the 
United States under the agreement with respect to 
the People’s Republic of China or the Russian Fed-
eration, including with respect to intellectual prop-
erty rights; or 
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(2) if the President failed or refused to consult 
on the amendment or modification pursuant to sec-
tions 6 and 7. 
SEC. 6. LIMITATIONS AND ANALYSIS OF WAIVER OF OBLI-
GATIONS UNDER AGREEMENT ON TRADE-RE-
LATED ASPECTS OF INTELLECTUAL PROP-
ERTY RIGHTS WITH RESPECT TO ADDRESS-
ING THE COVID–19 PANDEMIC. 
(a) TRIPS WAIVER.—A TRIPS waiver with respect 
to addressing the COVID–19 pandemic shall not take ef-
fect with respect to the United States if— 
(1) the President fails to submit the reports re-
quired under subsections (b) and (c)(2) pursuant to 
the requirements of those subsections; 
(2) the report required under subsection (b) 
concludes that the TRIPS waiver will not result in 
an increase in global vaccine access; or 
(3) the report required under subsection (c)(2) 
concludes that the TRIPS waiver would adversely 
impact the national security of the United States. 
(b) INTERAGENCY PUBLIC HEALTH REPORT.— 
(1) IN
GENERAL.—Before any official, em-
ployee, or agent of the United States enters into ne-
gotiations concerning a TRIPS waiver with respect 
to addressing the COVID–19 pandemic after the 
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date of the enactment of this Act, and not later than 
60 days after such date of enactment, the Secretary 
of Commerce, in consultation with the Trade Rep-
resentative, the Secretary of Health and Human 
Services, the Commissioner of the Food and Drug 
Administration, and the Director of the Centers for 
Disease Control and Prevention shall submit to Con-
gress a report assessing— 
(A) how the TRIPS waiver would impact, 
during the period beginning on the date of the 
enactment of this Act and ending on December 
31, 2022— 
(i) access to vaccines in the United 
States; 
(ii) access to vaccines globally; 
(iii) global supply chains of COVID– 
19 vaccines and related technologies and 
the inputs needed to produce those vac-
cines and related technologies; 
(iv) the gross domestic product of the 
United States; 
(v) exports and imports by the United 
States of COVID–19 vaccines and related 
technologies and the inputs needed to 
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produce those vaccines and related tech-
nologies; 
(vi) manufacturing in the United 
States of COVID–19 vaccines and related 
technologies and the inputs needed to 
produce those vaccines and related tech-
nologies; and 
(vii) investment in vaccine production 
in the United States and in research and 
development for future vaccines; 
(B) what existing flexibilities within the 
TRIPS Agreement can be used to expedite vac-
cine access during the one-year period begin-
ning on the date of the enactment of this Act 
and how those flexibilities may be effectively 
used; and 
(C) other reasonably feasible alternatives 
to the TRIPS waiver that might expedite global 
vaccine production during that one-year period 
and the effectiveness of those alternatives rel-
ative to a TRIPS waiver, including distribution 
from the United States or from other countries. 
(2) PUBLICATION OF REPORT.—The Secretary 
of Commerce shall publish the report required under 
paragraph (1) on a publicly available website of the 
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Department of Commerce, which shall include a con-
clusion of whether a TRIPS waiver with respect to 
addressing the COVID–19 pandemic will increase 
global vaccine access during the one-year period be-
ginning on the date of the enactment of this Act. 
(c) NATIONAL SECURITY INVESTIGATION.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall conduct an investigation, in consultation with 
the Secretary of Commerce, the Secretary of Health 
and Human Services, and the Trade Representative, 
to determine the effects of a TRIPS waiver with re-
spect to addressing the COVID–19 pandemic on the 
national security of the United States, in particular 
whether such a waiver that extends to mRNA tech-
nology could contribute to future deployment of that 
technology by the People’s Republic of China, the 
Russian Federation, or countries designated as state 
sponsors of terrorism. 
(2) REPORT.— 
(A) IN GENERAL.—Before any official, em-
ployee, or agent of the United States enters 
into negotiations concerning a TRIPS waiver 
with respect to addressing the COVID–19 pan-
demic after the date of the enactment of this 
Act, and not later than 60 days after such date 
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