I 

118TH CONGRESS 

1ST SESSION H. R. 885 

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, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2023 

Mr. DOGGETT (for himself, Ms. BARRAGA ́N, Mr. BEYER, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Mr. BOWMAN, Ms. CHU, Mr. CICILLINE, Mr. 

CLEAVER, Mr. COHEN, Mr. COURTNEY, Ms. DEGETTE, Ms. DELAURO, 

Mr. DESAULNIER, Mrs. DINGELL, Mr. ESPAILLAT, Mr. EVANS, Mr. 

GREEN of Texas, Mr. GRIJALVA, Mrs. HAYES, Ms. JAYAPAL, Ms. KAPTUR, Mr. KHANNA, Ms. LEE of California, Ms. MENG, Mr. NADLER, Mrs. 

NAPOLITANO, Mr. NEGUSE, Ms. NORTON, Ms. PINGREE, Mr. POCAN, Ms. 

PORTER, Mr. RASKIN, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. TAKANO, 

Mr. THOMPSON of California, Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mr. 

TRONE, Mr. VARGAS, Ms. VELA ́ZQUEZ, Ms. WILD, Ms. WILLIAMS of 

Georgia, Mr. KILDEE, and Ms. LEGER FERNANDEZ) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, Veterans’ 

Affairs, the Judiciary, Ways and Means, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Taxpayer Research 

5 And Contributions Knowledge Act of 2023’’ or the 

6 ‘‘TRACK Act of 2023’’. 

7 SEC. 2. DATABASE. 

8 (a) IN GENERAL.—The Secretary of Health and 

9 Human Services, the Director of the National Institutes 

10 of Health, the Assistant Secretary for Preparedness and 

11 Response of the Department of Health and Human Serv12 ices, the Director of the Biomedical Advanced Research 

13 and Development Authority, the Secretary of Defense, the 

14 Secretary of Veterans Affairs, the Director of the National 

15 Institute of Allergy and Infectious Diseases, and such 

16 other Federal officials as the Secretary of Health and 

17 Human Services determines to be relevant, acting in co18 ordination, shall— 

19 (1) compile into a searchable database informa20 tion relating to Federal support (before or after the 

21 date of enactment of this Act) for biomedical re22 search and development; and 

23 (2) make such database available on the public 

24 website of the Department of Health and Human 

25 Services. 


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1 (b) COVERED INFORMATION.—The information relat2 ing to Federal support described in subsection (a)(1) in3 cludes all contracts, funding agreements, licensing ar4 rangements, other transactions, and other arrangements 

5 entered into by, or on behalf of, the Federal Government 

6 and tax benefits provided with respect to research and de7 velopment, and manufacturing, of a drug (including a bio8 logical product), cell or gene therapy, or medical device 

9 intended to be manufactured, used, designed, developed, 

10 modified, repurposed, licensed, or procured to diagnose, 

11 mitigate, prevent, treat, or cure any disease or condition, 

12 including the following: 

13 (1) Licensing agreements pursuant to section 

14 207 or 209 of title 35, United States Code. 

15 (2) Cooperative research and development 

16 agreements and licensing agreements pursuant to 

17 section 12 of the Stevenson-Wydler Technology In18 novation Act of 1980 (15 U.S.C. 3710a). 

19 (3) Funding agreements, as defined in section 

20 201 of title 35, United States Code. 

21 (4) Transactions, contracts, grants, cooperative 

22 agreements, other agreements, and other arrange23 ments entered into pursuant to the following stat24 utes: 


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1 (A) The Public Health Service Act (42 

2 U.S.C. 201 et seq.), including sections 301, 

3 319L, 421, and 480 of such Act (42 U.S.C. 

4 241, 247d–7e, 285b–3, 287a). 

5 (B) Section 105 of the National Institutes 

6 of Health Reform Act of 2006 (42 U.S.C. 

7 284n). 

8 (C) Chapter 301 of title 10, United States 

9 Code, including sections 4001, 4021, 4022, 

10 4026, and 4023. 

11 (5) Grants, contracts, and other transactions 

12 pursuant to section 4021, 4022, or 4026 of title 10, 

13 United States Code. 

14 (6) Procurement contracts and other agree15 ments pursuant to section 4023 of title 10, United 

16 States Code. 

17 (c) INFORMATION REQUIRED.—Notwithstanding any 

18 other provision of law, the Federal officials described in 

19 subsection (a) shall include in the database under sub20 section (a), with regard to each contract, funding agree21 ment, licensing agreement, other transaction, other ar22 rangement, or tax benefit described in subsection (b), at 

23 least the following information: 


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1 (1) The agency, program, institute, or other 

2 Federal Government entity providing the Federal 

3 grant, cooperative agreement, or other support. 

4 (2) The amount and period of Federal financial 

5 support with an itemized breakdown. 

6 (3) Other Federal nonfinancial support, includ7 ing the use of Federal personnel, Federal facilities, 

8 and Federal equipment. 

9 (4) The grant number, if applicable. 

10 (5) Associated clinical trial data, upon trial 

11 completion. 

12 (6) Associated patents and patent applications, 

13 specifying— 

14 (A) any Federal ownership in such patents 

15 and patent applications; 

16 (B) the expiration date of such patents 

17 and filing dates of such patent applications; and 

18 (C) the numbers of such patents and pat19 ent applications. 

20 (7) Associated periods of marketing exclusivity 

21 under Federal law and the durations of such peri22 ods. 

23 (8) The corporation, nonprofit organization, 

24 academic institution, person, or other entity receiv25 ing the Federal support. 


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1 (9) Any products (including repurposed prod2 ucts) approved, authorized, or cleared for marketing, 

3 or for which marketing approval, authorization, or 

4 clearance is being sought, the development of which 

5 was aided by Federal support, including— 

6 (A) the names of such products; 

7 (B) the prices of such products; and 

8 (C) the current and anticipated manufac9 turing capacity to produce such products. 

10 (10) The full terms of the contract, funding 

11 agreement, licensing agreement, other transaction, 

12 or other arrangement described in subsection (b). 

13 (d) FORMAT OF INFORMATION.—The database under 

14 subsection (a) shall be— 

15 (1) searchable and filterable according to the 

16 categories of information described in subsection (c); 

17 and 

18 (2) presented in a user-friendly format. 

19 (e) TIMING.—The database under subsection (a) 

20 shall be— 

21 (1) made publicly available not later than 1 

22 month after the date of enactment of this Act; and 

23 (2) updated not less than every 2 weeks. 

24 (f) DISCLOSURE.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, to the extent necessary for an offi3 cial described in subsection (a) to carry out this sec4 tion, such official may require entities receiving Fed5 eral support described in subsection (a)(1) to dis6 close to the official any information relating to such 

7 Federal support and required to be included in the 

8 database under subsection (a). 

9 (2) INTERMEDIARY COOPERATION.—Any ar10 rangement entered into by the Federal Government 

11 with an entity providing for such entity to enter into 

12 contracts, licensing agreements, grants, other trans13 actions, or other arrangements with third parties on 

14 behalf of the Federal Government shall require such 

15 entity to disclose in a timely manner any informa16 tion necessary for the Federal Government to fulfill 

17 its duties under this Act. With respect to any such 

18 arrangement in place as of the date of enactment of 

19 this Act, an official described in subsection (a) may 

20 require the entity to disclose to the official any infor21 mation required to be included in the database 

22 under subsection (a). 

23 (3) PENALTY FOR NONDISCLOSURE.—If an en24 tity that is required to disclose information pursuant 

25 to paragraph (1) or (2) fails to disclose such inforVerDate Sep 11 2014 21:51 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H885.IH H885

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1 mation by the date that is 2 weeks after the date on 

2 which the official requests such information, or by 

3 such reasonable deadline as the official may specify, 

4 whichever is sooner, then such entity shall be liable 

5 to the United States for a civil penalty in an amount 

6 not to exceed $10,000 for each day on which such 

7 failure continues. 

Æ 


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