[Congressional Record Volume 169, Number 125 (Thursday, July 20, 2023)]
[Senate]
[Page S3494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1008. Mr. TILLIS (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        at the end of subtitle G of title X, add the following:

     SEC. 1083. INVESTIGATION AND REPORT ON NATIONAL SECURITY 
                   IMPACTS OF TRIPS WAIVERS RELATING TO COVID-19 
                   TECHNOLOGIES.

       (a) Investigation.--The Secretary of Defense shall 
     immediately after the date of the enactment of this Act 
     initiate an investigation, in consultation with the Secretary 
     of Commerce, to determine the effects of any proposed TRIPS 
     waiver on the national security of the United States.
       (b) Report.--
       (1) In general.--Not later than 120 days after the date on 
     which an investigation is initiated under subsection (a), the 
     Secretary of Defense, in consultation with the Secretary of 
     Commerce, shall submit to the President a report that 
     includes--
       (A) the findings of such investigation with respect to the 
     effects of a TRIPS waiver on the national security of the 
     United States; and
       (B) the recommendations of the Secretary of Defense for 
     action or inaction regarding the TRIPS waiver.
       (2) Mandatory recommendation of opposition.--If the 
     Secretary of Defense finds that a TRIPS waiver threatens to 
     impair the national security of the United States, the 
     Secretary shall include in the report required by paragraph 
     (1) a recommendation to permanently oppose such TRIPS waiver.
       (3) Publication.--Not later than 10 days after the 
     President receives the report required by paragraph (1), the 
     President shall publish in the Federal Register each portion 
     of the report that does not contain classified or proprietary 
     information.
       (c) Statement to Congress.--Not later than 30 days after 
     the date on which the President receives the report required 
     by subsection (b)(1), the President shall submit to the 
     appropriate congressional committees a written statement 
     describing the manner and extent to which the findings in 
     such report will influence the decisions of the President on 
     using the voice, vote, and influence of the United States at 
     the World Trade Organization with respect to a TRIPS waiver.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Finance, and the Committee on the Judiciary of the Senate; 
     and
       (B) the Committee on Armed Services, the Committee on Ways 
     and Means, and the Committee on the Judiciary of the House of 
     Representatives.
       (2) TRIPS agreement.--The term ``TRIPS Agreement'' means 
     the Agreement on Trade-Related Aspects of Intellectual 
     Property Rights referred to in section 101(d)(15) of the 
     Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)).
       (3) TRIPS waiver.--The term ``TRIPS waiver'' means any 
     waiver related to COVID-19 technologies of an obligation 
     imposed on members of the World Trade Organization under the 
     TRIPS Agreement.
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