[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4539 Introduced in Senate (IS)]

<DOC>






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, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayer Research and Coronavirus 
Knowledge Act of 2020''.

SEC. 2. DATABASE.

    (a) In General.--The Secretary of Health and Human Services, the 
Director of the National Institutes of Health, the Assistant Secretary 
for Preparedness and Response, the Director of the Biomedical Advanced 
Research and Development Authority, the Secretary of Defense, the 
Secretary of Veterans Affairs, the Director of the National Institute 
of Allergy and Infectious Diseases, and such other Federal officials as 
the Secretary of Health and Human Services determines to be 
appropriate, acting in coordination, shall--
            (1) compile into a searchable database information relating 
        to Federal support (before or after the date of enactment of 
        this Act) for biomedical research and development related to 
        COVID-19 (including biomedical research and development 
        relating to a product or therapy that was later modified or 
        repurposed to be used for COVID-19); and
            (2) make such database available on the public website of 
        the Department of Health and Human Services.
    (b) Covered Information.--The information relating to Federal 
support referred to in subsection (a)(1) includes all contracts, 
funding agreements, licensing arrangements, other transactions, and 
other arrangements entered into by the Federal Government and tax 
benefits provided with respect to research and development, and 
manufacturing, of a drug (including biological products), cell or gene 
therapy, or medical device intended to be manufactured, used, designed, 
developed, modified, repurposed, licensed, or procured to diagnose, 
mitigate, prevent, treat, or cure COVID-19, including the following:
            (1) Licensing agreements pursuant to section 207 of title 
        35, United States Code.
            (2) Cooperative research and development agreements and 
        licensing agreements pursuant to section 12 of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
            (3) Funding agreements, as defined in section 201 of title 
        35, United States Code.
            (4) Other transactions entered into pursuant to the 
        following:
                    (A) Section 319L of the Public Health Service Act 
                (42 U.S.C. 247d-7e).
                    (B) Section 105 of the National Institutes of 
                Health Reform Act of 2006 (42 U.S.C. 284n).
                    (C) Section 480 of the Public Health Service Act 
                (42 U.S.C. 287a).
                    (D) Section 421 of the Public Health Service Act 
                (42 U.S.C. 285b-3).
                    (E) Section 2371 of title 10, United States Code.
            (5) Tax credits and deductions associated with--
                    (A) qualified clinical testing expenses, as defined 
                in section 45C of the Internal Revenue Code of 1986;
                    (B) qualified research expenses, as defined in 
                section 41 of the Internal Revenue Code of 1986; and
                    (C) charitable contributions, as defined in section 
                170(c) of the Internal Revenue Code of 1986, to patient 
                assistance programs.
    (c) Information Required.--Notwithstanding any other provision of 
law, the Federal officials referred to in subsection (a) shall include 
in the database under subsection (a), with regard to each contract, 
funding agreement, licensing arrangement, other transaction, other 
arrangement, or tax benefit described in subsection (b), at least the 
following information:
            (1) The agency, program, institute, or other Federal 
        Government entity providing the Federal support.
            (2) The amount and period of Federal financial support with 
        an itemized breakdown.
            (3) Other Federal nonfinancial support, including the use 
        of Federal personnel, Federal facilities, and Federal 
        equipment.
            (4) The grant number, if applicable.
            (5) Associated clinical trial data, upon trial completion.
            (6) Associated patents and patent applications, 
        specifying--
                    (A) any Federal ownership in such patents and 
                patent applications;
                    (B) the expiration date of such patents and filing 
                dates of such patent applications; and
                    (C) the numbers of such patents and patent 
                applications.
            (7) Associated periods of marketing exclusivity under 
        Federal law and the durations of such periods.
            (8) The corporation, nonprofit organization, academic 
        institution, person, or other entity receiving the Federal 
        support.
            (9) Any products (including repurposed products) approved, 
        authorized, or cleared for marketing, or for which marketing 
        approval, authorization, or clearance is being sought, the 
        development of which was aided by Federal support, including--
                    (A) the names of such products;
                    (B) the prices of such products; and
                    (C) the current and anticipated manufacturing 
                capacity to produce such products.
            (10) The full terms of the contract, funding agreement, 
        licensing arrangement, other transaction, or other arrangement 
        described in subsection (b).
    (d) Format of Information.--The database under subsection (a) shall 
be--
            (1) searchable and filterable according to the categories 
        of information described in subsection (c); and
            (2) presented in a user-friendly format.
    (e) Timing.--The database under subsection (a) shall be--
            (1) made publicly available not later than 1 month of the 
        date of enactment of this Act; and
            (2) updated not less than every 30 days.
    (f) Disclosure.--
            (1) In general.--Notwithstanding any other provision of 
        law, to the extent necessary for an official referred to in 
        subsection (a) to carry out this section, such official may 
        require entities receiving Federal support referred to in 
        subsection (a)(1) to disclose to the official any information 
        relating to such Federal support and required to be included in 
        the database under subsection (a).
            (2) Penalty for nondisclosure.--If an entity that is 
        required to disclose information pursuant to paragraph (1) 
        fails to disclose such information within a reasonable period 
        of time or within 2 weeks of the official requesting such 
        information, whichever is sooner, then such entity and all 
        executive officers employed by such entity shall no longer be 
        eligible for the receipt of Federal support in the form of a 
        contract, funding agreement, licensing arrangement, other 
        transaction, or other arrangement.
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