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.
Bill: H.R.3694 | Sponsor: Rep. Carter, Earl L. "Buddy" (R-GA)
Policy area: Foreign Trade and International Finance

Summary:
This bill requires the Department of Health and Human Services (HHS) to submit a report analyzing the impact on global COVID-19 vaccine access of a waiver of certain obligations held by nations who are members of the Agreement on Trade-Related Aspects of Intellectual Property Rights. (India and South Africa previously submitted a petition to suspend all intellectual property rights associated with COVID-19 innovations, such as vaccines.)
Based on this report, the U.S. Trade Representative must oppose such elimination or waiver with respect to COVID-19 vaccines if HHS determines that the elimination or waiver will not materially increase global vaccine access or that it will have a negative impact on specified factors relating to access to, manufacture of, and investment in COVID-19 vaccines.

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INTERAGENCY PUBLIC HEALTH REPORT ON IMPACT OF TRIPS WAIVER 
              ON GLOBAL COVID-19 VACCINE ACCESS.

    (a) Report and Conclusion.--Not later than 60 days after the date 
of the enactment of this section, the Secretary of Health and Human 
Services, in consultation with the United States Trade Representative, 
the Secretary of Commerce, the Commissioner of Food and Drugs, and the 
Director of the Centers for Disease Control and Prevention, shall 
submit to Congress, and make publicly available on a public website of 
the Department of Health and Human Services, a report containing the 
following:
            (1) An assessment of how the elimination or waiver 
        described in subsection (b) would impact each of the following 
        during the covered period:
                    (A) Access to COVID-19 vaccines in the United 
                States.
                    (B) Access to COVID-19 vaccines globally.
                    (C) Global COVID-19 vaccine manufacturing capacity.
                    (D) Global supply chains of COVID-19 vaccines and 
                related technologies and the inputs needed to produce 
                those vaccines and related technologies.
                    (E) Exports and imports by the United States of 
                COVID-19 vaccines and related technologies and the 
                inputs needed to produce such vaccines and related 
                technologies.
                    (F) Biopharmaceutical product manufacturing in the 
                United States and the inputs needed to produce 
                biopharmaceutical products.
                    (G) Investment in biopharmaceutical production in 
                the United States and in research and development in 
                biopharmaceutical products to respond to future 
                infectious disease outbreaks and pandemics.
            (2) The Secretary's conclusion on whether an elimination or 
        waiver, as described in subsection (b), during the covered 
        period--
                    (A) will materially increase global COVID-19 
                vaccine access; or
                    (B) will have a negative impact on any of the 
                factors described in subparagraphs (A) through (G) of 
                paragraph (1).
    (b) USTR Opposition.--The United States Trade Representative shall 
oppose an elimination or waiver of an obligation imposed on members of 
the World Trade Organization under the Agreement on Trade-Related 
Aspects of Intellectual Property Rights with respect to vaccines 
intended to prevent or mitigate COVID-19, if the Secretary concludes 
under subsection (a)(2) that such elimination or waiver--
            (1) will not materially increase global COVID-19 vaccine 
        access; or
            (2) will have a negative impact on any of the factors 
        described in subparagraphs (A) through (G) of subsection 
        (a)(1).
    (c) Covered Period Defined.--The term ``covered period'' means the 
period beginning on the date of the enactment of this section and 
ending on December 31, 2022.
                                 <all>