Preventing Foreign Attempts to Erode Healthcare Innovation Act
Bill: H.R.3035 | Sponsor: Rep. Donalds, Byron (R-FL)
Policy area: Commerce

Summary:
Preventing Foreign Attempts to Erode Healthcare Innovation Act
This bill prohibits the use of federal funds to support, allow, or facilitate the negotiation or approval of any measure at the World Trade Organization to waive intellectual property rights, including the petition titled Waiver from Certain Provisions of the TRIPS Agreement for the Prevention, Containment, and Treatment of COVID-19. (The petition was submitted by India and South Africa to suspend all intellectual property rights associated with COVID-19 innovations, such as vaccines.)

To prohibit the authorization of appropriations to the United States 
   Trade Representative for supporting a measure at the World Trade 
  Organization waiving certain intellectual property rights, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The COVID-19 pandemic precipitated a global response to 
        the need for treatments, therapeutics, and vaccines, 
        challenging the life sciences community to innovate at an 
        unprecedented pace.
            (2) In response to this need, life sciences companies 
        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 authorized for 
        emergency use in the United States employ mRNA technology that 
        applies years of scientific research driven by effective, 
        internationally recognized intellectual property rights, 
        underscoring the historic mobilization in response to the 
        pandemic that has resulted in unprecedented partnerships 
        between governments and business to develop and deploy 
        intellectual property solutions in record time.
            (5) The petition, led by India and South Africa, before the 
        World Trade Organization's Trade-Related Aspects of 
        Intellectual Property Rights Council, seeking a waiver to 
        suspend all intellectual property rights associated with COVID-
        19 innovations, would establish unnecessary barriers to 
        innovation that put at risk the life-saving solutions to the 
        pandemic the world desperately needs.
            (6) Proper and effective intellectual property rights 
        enable the greatest access to life-saving cures and treatments 
        through voluntary licensing agreements and other valuable 
        partnerships already being established between life sciences 
        innovators and vaccine manufacturers across the globe.
            (7) Inadequate United States leadership in defending 
        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 promote strong 
        international property rights internationally; and
            (2) it is in the national interest of the United States to 
        oppose efforts to transfer American intellectual property and 
        technology to China or other countries seeking to profit off 
        United States investments.

SEC. 4. PROHIBITION ON USE OF FUNDS.

    None of the funds authorized to be appropriated or otherwise made 
available to the United States Trade Representative 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 Organization to 
        waive intellectual property rights.
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