[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 616. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill H.R. 1628, to provide for reconciliation pursuant to 
title II of the concurrent resolution on the budget for fiscal year 
2017; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REASONABLE PRICE AGREEMENT.

       (a) In General.--If any Federal agency or any non-profit 
     entity undertakes Federally funded health care research and 
     development and is to convey or provide a patent for a drug, 
     biologic, or other health care technology developed through 
     such research, such agency or entity shall not make such 
     conveyance or provide such patent until the entity (including 
     a non-profit entity) that will receive such patent first 
     agrees to a reasonable pricing agreement with the Secretary 
     of Health and Human Services (referred to in this section as 
     the ``Secretary'') or the Secretary makes a determination 
     that the public interest is served by a waiver of the 
     reasonable pricing agreement provided in accordance with 
     subsection (c).
       (b) Prohibition of Discrimination.--
       (1) In general.--For purposes of subsection (a), any 
     reasonable pricing formula that is utilized shall not result 
     in discriminatory pricing for the drug, biologic, or other 
     health care technology involved regardless of the number of 
     bidders involved. In carrying out this subparagraph, the 
     Secretary shall ensure that the Federal Government, with 
     respect to the drug, biologic, or other health care 
     technology involved, is charged an amount that is not more 
     than the lowest amount charged to countries in the 
     Organization for Economic Co-Operation and Development for 
     the same drug, biologic, or technology, that have the largest 
     gross domestic product with a per capita income that is not 
     less than half the per capita income of the United States.
       (2) Discriminatory pricing.--For the purposes of paragraph 
     (1), a cost based reasonable pricing formula that is utilized 
     shall be considered to result in discriminatory pricing if 
     the contract for sale of the drug, biologic, or other health 
     care technology places a limit on supply, or employs any 
     other measure, that has the effect of--
       (A) providing access to such drug, biologic, or technology 
     on terms or conditions that are less favorable than the terms 
     or conditions provided to a foreign purchaser (other than a 
     charitable or humanitarian organization) of the drug, 
     biologic, or technology; or
       (B) restricting access to the drug, biologic, or technology 
     under this section.
       (c) Waiver.--No waiver shall take effect under subsection 
     (a) before the public is given notice of the proposed waiver 
     and provided a reasonable opportunity to comment on the 
     proposed waiver. A decision to grant a waiver shall set out 
     the Secretary's finding that such a waiver is in the public 
     interest.
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