S.Amdt. 5198

1. Inserts new text at the end of section 1194 of the Social Security Act

   Inserts

   Inserted: (h) Limitation on Use of Certain Goods Manufactured With Waived Intellectual Property Rights.--

   Inserted: (1) In general.--Except as provided in paragraph (2), goods subject to negotiation or renegotiation under subsection (a) may not be purchased by an official or agency of the United States for use outside the United States or imported by a United States person for domestic consumption if the manufacturer of those goods has utilized the intellectual property of a United States person without their consent on the basis that the rights of that person to that intellectual property have been waived in the country of origin of the manufacturer because of a waiver of a provision of the Agreement on Trade-Related Aspects of Intellectual Property Rights, including the Ministerial Decision on the TRIPS Agreement adopted on June 17, 2022.

   Inserted: (2) Exception.--Paragraph (1) shall not apply if the President submits to Congress a certification that the United States Trade Representative will not support or facilitate the negotiation or approval of any measure at the World Trade Organization that weakens any provision of the Agreement on Trade-Related Aspects of Intellectual Property Rights with respect to a pharmaceutical, therapeutic, diagnostic, or other biotechnology commodity produced in the United States.

   Original wording

   In section 1194 of the Social Security Act, as added by part 1 of subtitle B of title I, add at the end the following:

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As printed