[Congressional Record Volume 167, Number 91 (Tuesday, May 25, 2021)]
[Senate]
[Pages S3430-S3431]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1975. Mr. WYDEN proposed an amendment to amendment SA 1502 
proposed by Mr. Schumer to the bill S. 1260, to establish a new 
Directorate for Technology and Innovation in the National Science 
Foundation, to establish a regional technology hub program, to require 
a strategy and report on economic security, science, research, 
innovation, manufacturing, and job creation, to establish a critical 
supply chain resiliency program, and for other purposes; as follows:

       At the end of title III of division F, add the following:

     SEC. 6302. TRADE POLICY AND CONGRESSIONAL OVERSIGHT OF COVID-
                   19 RESPONSE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) it is imperative to promote the development and 
     deployment of vaccines, including to address pandemics like 
     the pandemic relating to COVID-19 and its variants;
       (2) as a developed nation with a longstanding commitment to 
     promoting global health, innovation, access to medicine, 
     public welfare, and security, the United States will continue 
     to use the resources and tools at its disposal to promote the 
     distribution of life-saving COVID-19 vaccines to other 
     countries;
       (3) President Biden should continue to work with foreign 
     governments, multilateral institutions, nongovernmental 
     organizations, manufacturers, and other stakeholders to 
     quickly identify and address, through targeted and meaningful 
     action, obstacles to ending the COVID-19 pandemic, whether 
     those obstacles are legal, regulatory, contractual, or 
     otherwise;
       (4) in any efforts to address trade-related obstacles to 
     ending the COVID-19 pandemic, President Biden should consider 
     how any action would complement the whole-of-government 
     approach of the President to ending the COVID-19 pandemic 
     worldwide, including how any action would impact 
     competitiveness, innovation, and the national security of the 
     United States in the short- and long-term;
       (5) the President should strive to create the most 
     appropriate balance between access to COVID-19 vaccines and 
     therapeutics and generating an innovative environment in the 
     United States;
       (6) the President should take into account the efforts of 
     malign nations or entities to obtain intellectual property of 
     United States persons through forced technology transfer, 
     theft, or espionage, and accordingly make all efforts to 
     protect that intellectual property from such nations or 
     entities; and
       (7) in any efforts to address trade-related obstacles to 
     ending the COVID-19 pandemic, Congress expects timely and 
     meaningful consultations on any negotiations and any 
     agreements or decisions reached regarding matters of concern 
     to members of Congress and their constituents, including 
     issues of competitiveness, innovation, and national security.
       (b) Trade Policies With Respect to the COVID-19 Pandemic.--
       (1) In general.--It is the policy of the United States to 
     facilitate an effective and efficient response to the global 
     pandemic with respect to COVID-19 by expediting access to 
     life-saving vaccines, medicines, diagnostics, medical 
     equipment, and personal protective equipment.
       (2) Elements.--The United States Trade Representative shall 
     pursue a timely, effective, and efficient response to the 
     trade aspects of the COVID-19 pandemic, including by 
     endeavoring to--
       (A) expedite access to medicines and life-saving products 
     through trade facilitation measures;
       (B) obtain a reduction or elimination of nontariff barriers 
     and distortions that impact the procurement of life-saving 
     products;
       (C) take action to increase access to COVID-19 vaccines 
     globally, while avoiding providing access to intellectual 
     property to nations or entities that seek to utilize the 
     technology for other uses or that may otherwise pose a threat 
     to national security;
       (D) eliminate practices that adversely affect trade in 
     perishable or temperature-sensitive products, and facilitate 
     the transfer of materials and products in a manner that 
     preserves their integrity;
       (E) further strengthen the system of international trade 
     and investment disciplines by demonstrating sufficient 
     flexibility to respond to a global crisis while retaining a 
     balanced approach to the rights of innovators;
       (F) encourage greater cooperation between the World Trade 
     Organization and other international organizations and 
     public-private partnerships, including the World Health 
     Organization, the United Nations Children's Emergency Fund 
     (commonly referred to as ``UNICEF''), the World Bank, and 
     Gavi, the Vaccine Alliance; and
       (G) take into account other legitimate domestic policies of 
     the United States, including health and safety, national 
     security, consumer interests, intellectual property rights, 
     and the laws and regulations related thereto.
       (c) Congressional Oversight, Consultations, and Access to 
     Information.--
       (1) Intent to negotiate.--If the United States Trade 
     Representative enters any negotiation pursuant to the trade 
     policies described in subsection (b), the Trade 
     Representative shall--
       (A) submit to Congress and publish in the Federal Register 
     a statement specifying the objectives of the United States in 
     pursuing the negotiation; and
       (B) submit to Congress an assessment of how and to what 
     extent entering the negotiation will achieve the trade 
     policies described in subsection (b).
       (2) Consultation and briefing before making proposals.--
     Before making any textual proposal pursuant to the trade 
     policies described in subsection (b), the United States Trade 
     Representative shall--
       (A) consistent with section 242 of the Trade Expansion Act 
     of 1962 (19 U.S.C. 1872), consult with the heads of relevant 
     Federal agencies, including the Secretary of Commerce, the 
     Secretary of Health and Human Services, and the Secretary of 
     Defense, which shall include, as appropriate, discussion of--
       (i) the most effective means of addressing the COVID-19 
     pandemic and any variants to the COVID-19 virus, including by 
     increasing the distribution of COVID-19 vaccines;
       (ii) any sensitive technology or intellectual property 
     rights related to the proposal;
       (iii) any nations or entities of concern that may benefit 
     from the proposal; and
       (iv) other issues that may influence negotiations with 
     respect to the proposal; and
       (B) brief members of the Committee on Finance of the Senate 
     and the Committee on Ways and Means of the House of 
     Representatives on the proposal, including with respect to 
     how the objectives sought by the Trade Representative fit 
     into a larger strategy of ending the COVID-19 pandemic.
       (3) Consultations during negotiations.--In the course of 
     any negotiations pursuant to the trade policies described in 
     subsection (b), the United States Trade Representative 
     shall--
       (A) upon request of any Member of Congress, provide access 
     to pertinent documents relating to the negotiations, 
     including classified materials;
       (B) consult closely and on a timely basis with, and keep 
     fully apprised of the negotiations, the Committee on Finance 
     of the Senate and the Committee on Ways and Means of the 
     House of Representatives, including by providing any relevant 
     text proposals before discussing those proposals with 
     negotiation participants;
       (C) consult closely and on a timely basis with, and keep 
     fully apprised of the negotiations, the Senate Advisory Group 
     on Negotiations and the House Advisory Group on Negotiations 
     convened under section 104(c) of the Bipartisan Congressional 
     Trade Priorities and Accountability Act of 2015 (19 U.S.C. 
     4203(c)) and each committee of the Senate and the House of 
     Representatives, and each joint committee of Congress, with 
     jurisdiction over laws that could be affected by the 
     negotiations; and
       (D) follow the guidelines on enhanced coordination with 
     Congress established pursuant to section 104(a)(3) of the 
     Bipartisan Congressional Trade Priorities and Accountability 
     Act of 2015 (19 U.S.C. 4203(a)(3)) regarding consultations 
     with Congress, access

[[Page S3431]]

     to text, and public engagement for the negotiations to the 
     same extent as those guidelines apply to negotiations covered 
     under that section.
       (4) Consultation with congress before concluding 
     negotiations.--
       (A) Consultation.--Before either reaching a final agreement 
     or exercising authority provided under section 122(b)(3) of 
     the Uruguay Round Agreements Act (19 U.S.C. 3532(b)(3)) 
     pursuant to the trade policies described in subsection (b), 
     the United States Trade Representative shall consult with--
       (i) the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives;
       (ii) each committee of the Senate and the House of 
     Representatives, and each joint committee of Congress, with 
     jurisdiction over laws that could be affected by the 
     agreement or exercise of authority; and
       (iii) the Senate Advisory Group on Negotiations and the 
     House Advisory Group on Negotiations convened under section 
     104(c) of the Bipartisan Congressional Trade Priorities and 
     Accountability Act of 2015 (19 U.S.C. 4203(c)).
       (B) Scope.--In conducting consultation under subparagraph 
     (A), the Trade Representative shall--
       (i) provide the text of any proposed agreement for final 
     consideration; and
       (ii) consult with respect to--

       (I) the nature of the agreement; and
       (II) how and to what extent the agreement will achieve the 
     trade policies described in subsection (b).

       (d) Definitions.--In this section, the terms ``World Trade 
     Organization'', ``WTO'', and ``WTO member'' have the meanings 
     given those terms in section 2 of the Uruguay Round 
     Agreements Act (19 U.S.C. 3501).
                                 ______