[CTC] Senate rejects bid to tie Biden's hands in vaccine IP waiver talks

[Arthur Stamoulis]

Roll Call of Vote: https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=117&session=1&vote=00205 <https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=117&session=1&vote=00205>

Senate rejects bid to tie Biden's hands in vaccine IP waiver talks
By Doug Palmer
5/25/2021
 
The U.S. Senate on Tuesday rejected a Republican amendment that would have limited the Biden administration's ability to negotiate a World Trade Organization agreement to waive intellectual property protections for Covid-19 vaccines as part of a global effort to boost production of the life-saving medicines.
 
The amendment offered by Senate Finance Ranking Member <https://www.finance.senate.gov/imo/media/doc/trips_amendment.pdf> Mike Crapo  <https://cd.politicopro.com/member/51173>of Idaho and other Republicans received a 53-46 majority vote in the chamber, but fell short of the 60 needed for approval.
 
The proposal asserted that the administration needs congressional approval to make changes to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. It would require that the U.S. ensure the waiver does not extend to Russia and China and that it actually facilitates global vaccine access without compromising national security. It also called for the administration to consult closely with Congress during negotiations.
 
"My amendment preserves the constitutional authority of Congress over international trade. It does so by ensuring the president cannot waive or modify congressionally approved trade agreements," Crapo said during floor debate on the U.S. Innovation and Competition Act (S. 1260 (117) <https://legislation.politicopro.com/bill/US_117_S_1260>.
 
Senate Majority Leader Chuck Schumer  <https://cd.politicopro.com/member/51231>repeated on Tuesday that he was confident the chamber would finish work on the bill to boost the ability of the U.S. to compete with China in high-tech sectors by the end of the week.
 
Republicans have criticized the Biden administration's decision <https://subscriber.politicopro.com/article/2021/05/republicans-attack-biden-decision-to-back-vaccine-ip-waiver-2055362> to agree to negotiate on the waiver request, which is being pushed at the WTO by India and South Africa on behalf of a large group of developing countries.
 
During a recent Senate Finance Committee, Republicans charged that the agreement would give away valuable U.S. technology to strategic competitors such as China and Russia.
 
"Russia and China are a threat to American innovation, and the principal reason why the USICA is before us on the floor of the Senate today,” Crapo said Tuesday. “So, why would we then allow the administration to legally bless their malfeasance? If we must stand together and waive the IP rights of Americans, the least we can do is insist that China and Russia — which tout the successes of their own vaccines — not be allowed to take hard-earned U.S. technology.”
 
Senate Finance Chair Ron Wyden <https://cd.politicopro.com/member/51247> (D-Ore.) said Crapo's amendment would make it too hard for the White House to reach a waiver agreement at the WTO or update any agreement once it has been approved by Congress.
 
"Senator Crapo’s amendment would tie up USTR in bureaucratic red tape and reporting for many months before they could speak to any of our trading partners about this issue," Wyden said.

He offered a softer version of Crapo's amendment, but it also failed, by a vote of 50-49.


Arthur Stamoulis
Citizens Trade Campaign
(202) 494-8826




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