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 treat-
ment 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 deter-
mined 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 As-
pects of Intellectual Property Rights in relation to the 
prevention, containment, mitigation, or treatment of 
COVID–19 unless a statute is enacted expressly author-
izing such a waiver with respect to the prevention, con-
tainment, mitigation, or treatment of COVID–19, and 
for other purposes. 
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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 ‘‘American Medical In-
vestment Generating Overseas Security Act’’ or the ‘‘AMI-
GOS Act’’. 
SEC. 2. PROHIBITION ON ACTION TO SUPPORT WAIVER OF 
OBLIGATIONS OF WTO MEMBERS UNDER THE 
TRIPS AGREEMENT IN RELATION TO THE 
PREVENTION, CONTAINMENT, MITIGATION, 
OR TREATMENT OF COVID–19. 
The President may not take any action to support 
the waiver of obligations of members of the World Trade 
Organization under the TRIPS Agreement to implement 
or apply sections 1, 4, 5, and 7 of part II of the TRIPS 
Agreement or to enforce such sections under part III of 
the TRIPS Agreement in relation to the prevention, con-
tainment, 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. 
SEC. 3. PRIORITY IN ALLOCATING EXCESS VACCINES FOR 
COVID–19 TO OTHER COUNTRIES. 
(a) IN
GENERAL.—In allocating vaccines for 
COVID–19 that are procured by or otherwise subject to 
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the control of the Federal Government and in excess of 
the demand for such vaccines by individuals in the United 
States who are eligible to receive such vaccines, the Presi-
dent shall allocate such vaccines in accordance with the 
following order of priority: 
(1) First, to other countries in the Western 
Hemisphere with the lowest rates of immunization 
for COVID–19. 
(2) Second, to other countries in the Western 
Hemisphere based on other metrics developed by the 
President. 
(3) Third, to United States allies and partner 
countries with the lowest rates of immunization for 
COVID–19. 
(4) Fourth, to United States allies and partner 
countries based on the metrics developed under 
paragraph (2). 
(b) EXCEPTIONS.—In allocating vaccines described in 
subsection (a), the President may waive the prioritization 
otherwise required by such subsection to allocate such vac-
cines to countries that are determined by the President 
to be— 
(1) experiencing a significantly high number of 
per capita COVID–19 cases and associated hos-
pitalizations; 
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(2) at risk of a country-wide health care system 
collapse as a result of COVID–19; or 
(3) experiencing the spread of a variant of 
SARS–CoV–2 that needs to be contained. 
(c) MONITORING.—The President shall monitor the 
allocation of vaccines for COVID–19 to foreign countries 
under this section to ensure the governments of such coun-
tries provide such vaccines to the peoples of such countries 
in a timely manner and do not otherwise withhold such 
vaccines. 
SEC. 4. MARKING REQUIREMENTS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), vaccines for COVID–19 provided to foreign countries 
under section 3 shall be marked as assistance from the 
American people or the United States Government and 
shall include a depiction of the flag of the United States 
if appropriate. 
(b) EXCEPTION.—The marking requirements of sub-
section (a) shall not apply if the President determines that 
such requirements will endanger the lives or safety of per-
sons delivering such vaccines or would have an adverse ef-
fect on the administration of such vaccines. 
SEC. 5. DEFINITIONS. 
In this Act: 
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