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Smith Introduces Privileged Resolution to Hold Biden Administration Accountable

June 13, 2022

Washington, D.C. – Rep. Adrian Smith (R-NE), Lead Republican on the Ways and Means Trade Subcommittee, introduced a privileged resolution to hold the Biden administration accountable for handing over American innovation to China in ongoing negotiations over a potential waiver of certain obligations under the World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

Smith released the following statement:

"The administration's lack of coordination and consultation with Congress on trade broadly has been incredibly frustrating to say the least. Consulting with Congress on trade cannot – and will not – be a formality, which is why I raised these concerns in a recent letter to Ambassador Tai.

"In addition to the lack of consultation with Congress on trade talks, I am particularly concerned about TRIPS waiver negotiations and the administration handing hard-won American IP over to China. That is why I am introducing a privileged resolution directing the administration to provide oversight documents to Congress."

The resolution – which includes a mechanism to bypass the Democrat majority in the House – directs the Executive Branch to provide documents related to the TRIPS waiver.

The resolution:

  1. Asks for all documents proving the proposed TRIPS waiver will increase global supply and delivery of COVID vaccines;

  2. Asks what proof the administration has that this waiver would help end the pandemic; and,

  3. Requests all documents proving China will not obtain access to patents or IP related to COVID vaccines even if expressly excluded from the TRIPS waiver.

Read the privileged resolution here.

Late last month, Smith led a multi-member letter to Ambassador Katherine Tai sharing concerns about the administration's lack of collaboration with Congress on trade matters. Read the letter here. In April, Smith introduced the Protecting American Innovation Act. The Protecting American Innovation Act would make any TRIPS waiver, as well as any modifications to existing trade agreements, subject to congressional approval. Read more here.