Sec. 6. Limitations and analysis of waiver of obligations under Agreement on Trade-Related Aspects of Intellectual Property Rights with respect to addressing the COVID–19 pandemic
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A TRIPS waiver with respect to addressing the COVID–19 pandemic shall not take effect with respect to the United States if— the President fails to submit the reports required under subsections
(b)and (c)(2) pursuant to the requirements of those subsections; the report required under subsection
(b)concludes that the TRIPS waiver will not result in an increase in global vaccine access; or the report required under subsection (c)(2) concludes that the TRIPS waiver would adversely impact the national security of the United States. Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID–19 pandemic after the 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 Representative, 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 Congress a report assessing— 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— access to vaccines in the United States; access to vaccines globally; global supply chains of COVID–19 vaccines and related technologies and the inputs needed to produce those vaccines and related technologies; the gross domestic product of the United States; exports and imports by the United States of COVID–19 vaccines and related technologies and the inputs needed to produce those vaccines and related technologies; manufacturing in the United States of COVID–19 vaccines and related technologies and the inputs needed to produce those vaccines and related technologies; and investment in vaccine production in the United States and in research and development for future vaccines; what existing flexibilities within the TRIPS Agreement can be used to expedite vaccine access during the one-year period beginning on the date of the enactment of this Act and how those flexibilities may be effectively used; and 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 relative to a TRIPS waiver, including distribution from the United States or from other countries. The Secretary of Commerce shall publish the report required under paragraph
(1)on a publicly available website of the Department of Commerce, which shall include a conclusion of whether a TRIPS waiver with respect to addressing the COVID–19 pandemic will increase global vaccine access during the one-year period beginning on the date of the enactment of this Act. 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 respect to addressing the COVID–19 pandemic on the national security of the United States, in particular whether such a waiver that extends to mRNA technology 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. Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID–19 pandemic after the date of the enactment of this Act, and not later than 60 days after such date of enactment, the Secretary of Defense shall submit to the President and the appropriate congressional committees a report on the findings of the investigation under paragraph (1), including the recommendations of the Secretary for action or inaction regarding the TRIPS waiver. If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID–19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A).