United States HR 3236: AMIGOS Act

Bill Text

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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-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘American Medical In-4
vestment Generating Overseas Security Act’’ or the ‘‘AMI-5
GOS Act’’. 6
SEC. 2. PROHIBITION ON ACTION TO SUPPORT WAIVER OF 7
OBLIGATIONS OF WTO MEMBERS UNDER THE 8
TRIPS AGREEMENT IN RELATION TO THE 9
PREVENTION, CONTAINMENT, MITIGATION, 10
OR TREATMENT OF COVID–19. 11
The President may not take any action to support 12
the waiver of obligations of members of the World Trade 13
Organization under the TRIPS Agreement to implement 14
or apply sections 1, 4, 5, and 7 of part II of the TRIPS 15
Agreement or to enforce such sections under part III of 16
the TRIPS Agreement in relation to the prevention, con-17
tainment, mitigation, or treatment of COVID–19 unless 18
a statute is enacted expressly authorizing such a waiver 19
with respect to the prevention, containment, mitigation, 20
or treatment of COVID–19. 21
SEC. 3. PRIORITY IN ALLOCATING EXCESS VACCINES FOR 22
COVID–19 TO OTHER COUNTRIES. 23
(a) IN GENERAL.—In allocating vaccines for 24
COVID–19 that are procured by or otherwise subject to 25
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the control of the Federal Government and in excess of 1
the demand for such vaccines by individuals in the United 2
States who are eligible to receive such vaccines, the Presi-3
dent shall allocate such vaccines in accordance with the 4
following order of priority: 5
(1) First, to other countries in the Western 6
Hemisphere with the lowest rates of immunization 7
for COVID–19. 8
(2) Second, to other countries in the Western 9
Hemisphere based on other metrics developed by the 10
President. 11
(3) Third, to United States allies and partner 12
countries with the lowest rates of immunization for 13
COVID–19. 14
(4) Fourth, to United States allies and partner 15
countries based on the metrics developed under 16
paragraph (2). 17
(b) EXCEPTIONS.—In allocating vaccines described in 18
subsection (a), the President may waive the prioritization 19
otherwise required by such subsection to allocate such vac-20
cines to countries that are determined by the President 21
to be— 22
(1) experiencing a significantly high number of 23
per capita COVID–19 cases and associated hos-24
pitalizations; 25
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(2) at risk of a country-wide health care system 1
collapse as a result of COVID–19; or 2
(3) experiencing the spread of a variant of 3
SARS–CoV–2 that needs to be contained. 4
(c) MONITORING.—The President shall monitor the 5
allocation of vaccines for COVID–19 to foreign countries 6
under this section to ensure the governments of such coun-7
tries provide such vaccines to the peoples of such countries 8
in a timely manner and do not otherwise withhold such 9
vaccines. 10
SEC. 4. MARKING REQUIREMENTS. 11
(a) IN GENERAL.—Except as provided in subsection 12
(b), vaccines for COVID–19 provided to foreign countries 13
under section 3 shall be marked as assistance from the 14
American people or the United States Government and 15
shall include a depiction of the flag of the Unit