WASHINGTON D.C. – Congresswoman Carol Miller (R-WV) joined Ways and Means Trade Subcommittee Republican Leader Adrian Smith (R-NE) and Health Subcommittee Republican Leader Vern Buchanan (R-FL) to introduce the Protecting American Innovation Act. As the Biden Administration ramps up trade talks to send COVID-19 vaccines to other nations, this bill ensures American intellectual property behind the vaccines does not get in the hands of bad actors like China and Russia.

"We all want to expand the world's access to the COVID-19 vaccine, but we must do so in a way that preserves American innovation," said Congresswoman Miller. "Rather than just handing over our intellectual property as a short-term solution, which could get in the hands of bad actors like Russia or China, the Biden Administration needs to focus on the root issues many countries face when it comes to vaccine access. It is also vital that Congress be included in these negotiations to ensure American innovation is protected. I am pleased to join my Ways and Means colleagues on this legislation to put American interests first and affirm Congress's authority over Biden's trade agenda."

"The United States can and should help increase global access to COVID-19 vaccines, but we also have a duty to protect the hard work, investment, and intellectual property of American innovators," said Congressman Smith. "Unfortunately, President Biden has failed to defend American interests as negotiators look for ways to vaccinate the world, and I have serious concerns about the precedent that could be set by simply handing over the keys to America's innovation engine. Rather than taking political shortcuts and throwing IP protections out the window, let's focus on lowering the true barriers to access – technical expertise, shortage of raw materials, and supply chain infrastructure – to get these vaccines to every corner of the world."

"Intellectual property rights encourage innovation and help boost the economy," said Congressman Buchanan. "The Biden administration's misguided proposal to waive intellectual property protections would discourage innovation and make it more difficult to achieve the next life-saving medical breakthrough. It would also serve as a massive giveaway to countries like China, Russia and India who have been trying to steal American innovators' intellectual property for years."

Background:

The legislation would prevent President Biden from dismantling American innovation and handing over U.S. intellectual property to adversaries like China and Russia through negotiations about a potential waiver of certain obligations under the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

The legislation would also affirm Congress's authority over international trade by requiring the United States Trade Representative (USTR) to notify and consult with Congress when negotiating any suspension or modification of U.S. trade agreements, including any COVID-related TRIPS waivers.

The bill would also require the Executive Branch to develop an interagency public health report to determine how a potential TRIPS waiver would increase global vaccine access and availability and make any TRIPS waiver – as well as other potential modifications to trade agreements – subject to congressional approval.

Additionally, the bill:

• Increases public transparency by requiring USTR to provide notice in the Federal Register of its goals in the negotiations and allow for public comment;
• Requires a formal investigation to determine the effects of a COVID TRIPS waiver on the national security of the US; and
• Reasserts Congressional authority over trade matters by allowing Senate Finance Committee and Ways and Means Committee leaders to designate members and staff as official advisors to negotiations.

Original cosponsors of the bill include Reps. Drew Ferguson (R-GA), Jackie Walorski (R-IN), Darin LaHood (R-IL), Brad Wenstrup (R-OH), Greg Murphy (R-NC), Ron Estes (R-KS), Lloyd Smucker (R-PA), and Kevin Hern (R-OK). A similar version of the legislation was introduced in the U.S. Senate as an amendment by Senator Mike Crapo (R-ID).

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Original source can be found here.