Amendment No. 1975

Floor Speech

Date: May 25, 2021
Location: Washington, DC

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Mr. WYDEN. Mr. President and colleagues, Senator Crapo has brought forward an amendment to the competition bill. It deals with the Biden administration's announcement that it would participate in negotiations on intellectual property and the coronavirus vaccines.

Unfortunately, my friend's amendment also goes far beyond the current pandemic and adds roadblocks to any improvements to any other trade agreements into the future. So I must oppose Senator Crapo's amendment.

I am offering an alternative, which the Senate will also vote on shortly. The fact is that even though COVID is receding in many American communities, the virus will still be a danger to Americans as long as there are outbreaks and mutations around the world.

That is a big reason why the Biden administration is working overtime to increase vaccine production and distribution as quickly as possible in our country and around the world. It is also why the administration announced its intention to participate in negotiations over the vaccine IP waivers. The U.S. Trade Representative will be in charge of our participation in those negotiations.

Again, unfortunately, the Crapo amendment would tie up our U.S. Trade Representative in bureaucratic redtape and reporting for many months before she could speak to any of our trading partners about the issue.

Ambassador Tai and the Biden administration recognize that the TRIPS waiver is not going to end the pandemic overnight. However, the American people and countries around the world cannot afford the delay that the Crapo amendment would cause.

The Crapo amendment puts the U.S. Trade Representative into what amounts to a straitjacket, making it hard--if not impossible--to negotiate fixes or modifications to any trade agreement, for any reason. It would make the process for modifying an agreement more difficult than getting into that agreement in the first place. That is a big roadblock to improvements that could raise standards for workers and the environment.

I will close by mentioning that I have filed an alternative, amendment 1975. My amendment guarantees transparency and consultations throughout the negotiations. It makes clear that the United States must promote global access to vaccines, all while safeguarding our IP from hostile foreign powers and protecting American innovation.

So here is the bottom line: It is not only possible, it is absolutely essential for our system to include strong intellectual property protections, as well as exceptions to promote the common good at the same time.

My amendment strikes the right balance. The Crapo amendment just goes too far in the direction of blocking the administration from using all available tools to fight the pandemic and to make improvements to any other trade agreements.

For that reason, I urge Senators to support my amendment, 1975. I urge my colleagues to oppose my friend's amendment, the Crapo amendment, and that will be the next vote.

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Mr. WYDEN. Mr. President, I yield back.

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Mr. WYDEN. I yield back.

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