Taxpayer Research and Coronavirus Knowledge Act of 2020

II 116TH CONGRESS 2D SESSION S. 4539 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 SENATE OF THE UNITED STATES SEPTEMBER 8, 2020 Mr. MERKLEY (for himself and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Taxpayer Research 4 and Coronavirus Knowledge Act of 2020’’. 5 VerDate Sep 11 2014 19:03 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4539.IS S4539 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4539 IS SEC. 2. DATABASE. 1 (a) IN GENERAL.—The Secretary of Health and 2 Human Services, the Director of the National Institutes 3 of Health, the Assistant Secretary for Preparedness and 4 Response, the Director of the Biomedical Advanced Re- 5 search and Development Authority, the Secretary of De- 6 fense, the Secretary of Veterans Affairs, the Director of 7 the National Institute of Allergy and Infectious Diseases, 8 and such other Federal officials as the Secretary of Health 9 and Human Services determines to be appropriate, acting 10 in coordination, shall— 11 (1) compile into a searchable database informa- 12 tion relating to Federal support (before or after the 13 date of enactment of this Act) for biomedical re- 14 search and development related to COVID–19 (in- 15 cluding biomedical research and development relat- 16 ing to a product or therapy that was later modified 17 or repurposed to be used for COVID–19); and 18 (2) make such database available on the public 19 website of the Department of Health and Human 20 Services. 21 (b) COVERED INFORMATION.—The information relat- 22 ing to Federal support referred to in subsection (a)(1) in- 23 cludes all contracts, funding agreements, licensing ar- 24 rangements, other transactions, and other arrangements 25 entered into by the Federal Government and tax benefits 26 VerDate Sep 11 2014 19:03 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4539.IS S4539 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4539 IS provided with respect to research and development, and 1 manufacturing, of a drug (including biological products), 2 cell or gene therapy, or medical device intended to be man- 3 ufactured, used, designed, developed, modified, 4 repurposed, licensed, or procured to diagnose, mitigate, 5 prevent, treat, or cure COVID–19, including the following: 6 (1) Licensing agreements pursuant to section 7 207 of title 35, United States Code. 8 (2) Cooperative research and development 9 agreements and licensing agreements pursuant to 10 section 12 of the Stevenson-Wydler Technology In- 11 novation Act of 1980 (15 U.S.C. 3710a). 12 (3) Funding agreements, as defined in section 13 201 of title 35, United States Code. 14 (4) Other transactions entered into pursuant to 15 the following: 16 (A) Section 319L of the Public Health 17 Service Act (42 U.S.C. 247d–7e). 18 (B) Section 105 of the National Institutes 19 of Health Reform Act of 2006 (42 U.S.C. 20 284n). 21 (C) Section 480 of the Public Health Serv- 22 ice Act (42 U.S.C. 287a). 23 (D) Section 421 of the Public Health Serv- 24 ice Act (42 U.S.C. 285b–3). 25 VerDate Sep 11 2014 19:03 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4539.IS S4539 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4539 IS (E) Section 2371 of title 10, United States 1 Code. 2 (5) Tax credits and deductions associated 3 with— 4 (A) qualified clinical testing expenses, as 5 defined in section 45C of the Internal Revenue 6 Code of 1986; 7 (B) qualified research expenses, as defined 8 in section 41 of the Internal Revenue Code of 9 1986; and 10 (C) charitable contributions, as defined in 11 section 170(c) of the Internal Revenue Code of 12 1986, to patient assistance programs. 13 (c) INFORMATION REQUIRED.—Notwithstanding any 14 other provision of law, the Federal officials referred to in 15 subsection (a) shall include in the database under sub- 16 section (a), with regard to each contract, funding agree- 17 ment, licensing arrangement, other transaction, other ar- 18 rangement, or tax benefit described in subsection (b), at 19 least the following information: 20 (1) The agency, program, institute, or other 21 Federal Government entity providing the Federal 22 support. 23 (2) The amount and period of Federal financial 24 support with an itemized breakdown. 25 VerDate Sep 11 2014 19:03 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4539.IS S4539 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4539 IS (3) Other Federal nonfinancial support, includ- 1 ing the use of Federal personnel, Federal facilities, 2 and Federal equipment. 3 (4) The grant number, if applicable. 4 (5) Associated clinical trial data, upon trial 5 completion. 6 (6) Associated patents and patent applications, 7 specifying— 8 (A) any Federal ownership in such patents 9 and patent applications; 10 (B) the expiration date of such patents 11 and filing dates of such patent applications; and 12 (C) the numbers of such patents and pat- 13 ent applications. 14 (7) Associated periods of marketing exclusivity 15 under Federal law and the durations of such peri- 16 ods. 17 (8) The corporation, nonprofit organization, 18 academic institution, person, or other entity receiv- 19 ing the Federal support. 20 (9) Any products (including repurposed prod- 21 ucts) approved, authorized, or cleared for marketing, 22 or for which marketing approval, authorization, or 23 clearance is being sought, the development of which 24 was aided by Federal support, including— 25 VerDate Sep 11 2014 19:03 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4539.IS S4539 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4539 IS (A) the names of such products; 1 (B) the prices of such products; and 2 (C) the current and anticipated manufac- 3 turing capacity to produce such products. 4 (10) The full terms of the contract, funding 5 agreement, licensing arrangement, other transaction, 6 or other arrangement described in subsection (b). 7 (d) FORMAT OF INFORMATION.—The database under 8 subsection (a) shall be— 9 (1) searchable and filterable according to the 10 categories of information described in subsection (c); 11 and 12 (2) presented in a user-friendly format. 13 (e) TIMING.—The database under subsection (a) 14 shall be— 15 (1) made publicly available not later than 1 16 month of the date of enactment of this Act; and 17 (2) updated not less than every 30 days. 18 (f) DISCLOSURE.— 19 (1) IN GENERAL.—Notwithstanding any other 20 provision of law, to the extent necessary for an offi- 21 cial referred to in subsection (a) to carry out this 22 section, such official may require entities receiving 23 Federal support referred to in subsection (a)(1) to 24 disclose to the official any information relating to 25 VerDate Sep 11 2014 19:03 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4539.IS S4539 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4539 IS such Federal support and required to be included in 1 the database under subsection (a). 2 (2) PENALTY FOR NONDISCLOSURE.—If an en- 3 tity that is required to disclose information pursuant 4 to paragraph (1) fails to disclose such information 5 within a reasonable period of time or within 2 weeks 6 of the official requesting such information, whichever 7 is sooner, then such entity and all executive officers 8 employed by such entity shall no longer be eligible 9 for the receipt of Federal support in the form of a 10 contract, funding agreement, licensing arrangement, 11 other transaction, or other arrangement. 12 Æ VerDate Sep 11 2014 19:03 Sep 09, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S4539.IS S4539 pamtmann on DSKBC07HB2PROD with BILLS