Taxpayer Research and Coronavirus Knowledge Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7288 To direct the Secretary of Health and Human Services and other Federal officials to compile into a searchable database information relating to Federal support for biomedical research and development related to COVID–19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 22, 2020 Mr. DOGGETT (for himself, Mr. ROONEY of Florida, Ms. SCHAKOWSKY, Ms. DELAURO, Mr. DEFAZIO, Mr. POCAN, and Ms. JAYAPAL) introduced the following bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committees on Armed Services, Veterans’ Affairs, Science, Space, and Technology, the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To direct the Secretary of Health and Human Services and other Federal officials to compile into a searchable data- base information relating to Federal support for bio- medical research and development related to COVID– 19, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:29 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7288.IH H7288 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7288 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Taxpayer Research 2 and Coronavirus Knowledge Act of 2020’’. 3 SEC. 2. DATABASE. 4 (a) IN GENERAL.—The Secretary of Health and 5 Human Services, the Director of the National Institutes 6 of Health, the Assistant Secretary for Preparedness and 7 Response of the Department of Health and Human Serv- 8 ices, the Director of the Biomedical Advanced Research 9 and Development Authority, the Secretary of Defense, the 10 Secretary of Veterans Affairs, the Director of the National 11 Institute of Allergy and Infectious Diseases, and such 12 other Federal officials as the Secretary of Health and 13 Human Services determines to be relevant, acting in co- 14 ordination, shall— 15 (1) compile into a searchable database informa- 16 tion relating to Federal support (before or after the 17 date of enactment of this Act) for biomedical re- 18 search and development related to COVID–19 (in- 19 cluding biomedical research and development relat- 20 ing to a product or therapy that was later modified 21 or repurposed to be used for COVID–19); and 22 (2) make such database available on the public 23 website of the Department of Health and Human 24 Services. 25 VerDate Sep 11 2014 00:29 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7288.IH H7288 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7288 IH (b) COVERED INFORMATION.—The information relat- 1 ing to Federal support referred to in subsection (a)(1) in- 2 cludes all contracts, funding agreements, licensing ar- 3 rangements, other transactions, and other arrangements 4 entered into by the Federal Government and tax benefits 5 provided with respect to research and development, and 6 manufacturing, of a drug (including biological products), 7 cell or gene therapy, or medical device intended to be man- 8 ufactured, used, designed, developed, modified, 9 repurposed, licensed, or procured to diagnose, mitigate, 10 prevent, treat, or cure COVID–19, including but not lim- 11 ited to the following: 12 (1) Licensing agreements pursuant to section 13 207 of title 35, United States Code. 14 (2) Cooperative research and development 15 agreements and licensing agreements pursuant to 16 section 3710a of title 15, United States Code. 17 (3) Funding agreements, as defined under sec- 18 tion 201 of title 35, United States Code. 19 (4) Other transactions entered into pursuant to 20 the following statutes: 21 (A) Section 319L of the Public Health 22 Service Act (42 U.S.C. 247d–7e). 23 VerDate Sep 11 2014 00:29 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7288.IH H7288 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7288 IH (B) Section 105 of the National Institutes 1 of Health Reform Act of 2006 (42 U.S.C. 2 284n). 3 (C) Section 480 of the Public Health Serv- 4 ice Act (42 U.S.C. 287a). 5 (D) Section 421 of the Public Health Serv- 6 ice Act (42 U.S.C. 285b–3). 7 (E) Section 2371 of title 10, United States 8 Code. 9 (5) Tax credits and deductions associated 10 with— 11 (A) qualified clinical testing expenses, as 12 defined under section 45C of title 26, United 13 States Code; 14 (B) qualified research expenses, as defined 15 under section 41 of title 26, United States 16 Code; and 17 (C) charitable contributions, as defined 18 under section 170(c) of title 26, United States 19 Code, to patient assistance programs. 20 (c) INFORMATION REQUIRED.—Notwithstanding any 21 other provision of law, the Federal officials referred to in 22 subsection (a) shall include in the database under sub- 23 section (a), with regard to each contract, funding agree- 24 ment, licensing arrangement, other transaction, other ar- 25 VerDate Sep 11 2014 00:29 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7288.IH H7288 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7288 IH rangement, or tax benefit described in subsection (b), at 1 least the following information: 2 (1) The agency, program, institute, or other 3 Federal Government entity providing the Federal 4 support. 5 (2) The amount and period of Federal financial 6 support with an itemized breakdown. 7 (3) Other Federal nonfinancial support, includ- 8 ing but not limited to the use of Federal personnel, 9 Federal facilities, and Federal equipment. 10 (4) The grant number, if applicable. 11 (5) Associated clinical trial data, upon trial 12 completion. 13 (6) Associated patents and patent applications, 14 specifying— 15 (A) any Federal ownership in such patents 16 and patent applications; 17 (B) the expiration date of such patents 18 and filing dates of such patent applications; and 19 (C) the numbers of such patents and pat- 20 ent applications. 21 (7) Associated periods of marketing exclusivity 22 under Federal law and the durations of such peri- 23 ods. 24 VerDate Sep 11 2014 00:29 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7288.IH H7288 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7288 IH (8) The corporation, nonprofit organization, 1 academic institution, person, or other entity receiv- 2 ing the Federal support. 3 (9) Any products (including repurposed prod- 4 ucts) approved, authorized, or cleared for marketing, 5 or for which marketing approval, authorization, or 6 clearance is being sought, the development of which 7 was aided by Federal support, including— 8 (A) the names of such products; 9 (B) the prices of such products; and 10 (C) the current and anticipated manufac- 11 turing capacity to produce such products. 12 (10) The full terms of the contract, funding 13 agreement, licensing arrangement, other transaction, 14 or other arrangement described in subsection (b). 15 (d) FORMAT OF INFORMATION.—The database under 16 subsection (a) shall be— 17 (1) searchable and filterable according to the 18 categories of information described in subsection (c); 19 and 20 (2) presented in a user-friendly format. 21 (e) TIMING.—The database under subsection (a) 22 shall be— 23 (1) made publicly available not later than 1 24 month of the date of enactment of this Act; and 25 VerDate Sep 11 2014 00:29 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7288.IH H7288 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 7288 IH (2) updated not less than every 2 weeks. 1 (f) DISCLOSURE.— 2 (1) IN GENERAL.—Notwithstanding any other 3 provision of law, to the extent necessary for an offi- 4 cial referred to in subsection (a) to carry out this 5 section, such official may require entities receiving 6 Federal support referred to in subsection (a)(1) to 7 disclose to the official any information relating to 8 such Federal support and required to be included in 9 the database under subsection (a). 10 (2) PENALTY FOR NONDISCLOSURE.—If an en- 11 tity that is required to disclose information pursuant 12 to paragraph (1) fails to disclose such information 13 within a reasonable period of time or within two 14 weeks of the official requesting such information, 15 whichever is sooner, then such entity and all execu- 16 tive officers employed by such entity shall no longer 17 be eligible for the receipt of Federal support in the 18 form of a contract, funding agreement, licensing ar- 19 rangement, other transaction, or other arrangement. 20 Æ VerDate Sep 11 2014 00:29 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H7288.IH H7288 kjohnson on DSK79L0C42PROD with BILLS