S.Amdt. 1008

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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