To set forth trade policy, negotiating objectives, and congressional oversight requirements relating to the response to the COVID-19 pandemic.

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).
______