Preventing Foreign Attempts to Erode Healthcare Innovation Act

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preventing Foreign 4 Attempts to Erode Healthcare Innovation Act’’. 5 VerDate Sep 11 2014 04:11 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3035.IH H3035 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3035 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) The COVID–19 pandemic precipitated a 3 global response to the need for treatments, thera- 4 peutics, and vaccines, challenging the life sciences 5 community to innovate at an unprecedented pace. 6 (2) In response to this need, life sciences com- 7 panies across the globe have brought over 600 novel 8 COVID–19 treatments under development, including 9 130 vaccines in clinical trials and 176 in pre-clinical 10 trials. 11 (3) Predictable, transparent, and enforceable 12 intellectual property rights have been a cornerstone 13 of establishing the United States as an innovation 14 hub before and during the pandemic. 15 (4) The first two COVID–19 vaccines to be au- 16 thorized for emergency use in the United States em- 17 ploy mRNA technology that applies years of sci- 18 entific research driven by effective, internationally 19 recognized intellectual property rights, underscoring 20 the historic mobilization in response to the pandemic 21 that has resulted in unprecedented partnerships be- 22 tween governments and business to develop and de- 23 ploy intellectual property solutions in record time. 24 (5) The petition, led by India and South Africa, 25 before the World Trade Organization’s Trade-Re- 26 VerDate Sep 11 2014 04:11 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3035.IH H3035 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3035 IH lated Aspects of Intellectual Property Rights Coun- 1 cil, seeking a waiver to suspend all intellectual prop- 2 erty rights associated with COVID–19 innovations, 3 would establish unnecessary barriers to innovation 4 that put at risk the life-saving solutions to the pan- 5 demic the world desperately needs. 6 (6) Proper and effective intellectual property 7 rights enable the greatest access to life-saving cures 8 and treatments through voluntary licensing agree- 9 ments and other valuable partnerships already being 10 established between life sciences innovators and vac- 11 cine manufacturers across the globe. 12 (7) Inadequate United States leadership in de- 13 fending intellectual property rights internationally 14 invites foreign competitor governments, including the 15 Government of China, to take advantage of weak 16 global protections, thereby undermining American 17 investment and United States leadership in the life 18 sciences. 19 SEC. 3. SENSE OF CONGRESS. 20 It is the sense of Congress that— 21 (1) the United States should continue to pro- 22 mote strong international property rights inter- 23 nationally; and 24 VerDate Sep 11 2014 04:11 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3035.IH H3035 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3035 IH (2) it is in the national interest of the United 1 States to oppose efforts to transfer American intel- 2 lectual property and technology to China or other 3 countries seeking to profit off United States invest- 4 ments. 5 SEC. 4. PROHIBITION ON USE OF FUNDS. 6 None of the funds authorized to be appropriated or 7 otherwise made available to the United States Trade Rep- 8 resentative may be used to support, allow, or facilitate the 9 negotiation or approval of— 10 (1) the ‘‘Waiver from Certain Provisions of the 11 TRIPS Agreement for the Prevention, Containment, 12 and Treatment of COVID–19’’ put forth by India 13 and South Africa; or 14 (2) any other measure at the World Trade Or- 15 ganization to waive intellectual property rights. 16 Æ VerDate Sep 11 2014 04:11 Jun 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3035.IH H3035 kjohnson on DSK79L0C42PROD with BILLS