II 

117TH CONGRESS 

1ST SESSION S. 2486 

To authorize the use of drugs, vaccines, and medical technologies to expand 

military and civilian access to such products and to improve transparency 

in taxpayer-funded biomedical research investments by the Department 

of Defense, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2021 

Ms. WARREN introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To authorize the use of drugs, vaccines, and medical technologies to expand military and civilian access to such 

products and to improve transparency in taxpayer-funded 

biomedical research investments by the Department of 

Defense, and for other purposes. 

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 ‘‘Make Taxpayer-Fund5 ed Department of Defense Medical Interventions Afford6 able Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 2486 IS

1 SEC. 2. AUTHORIZATION OF USE OF DRUGS, VACCINES, 

2 AND MEDICAL TECHNOLOGIES TO EXPAND 

3 MILITARY AND CIVILIAN ACCESS TO SUCH 

4 PRODUCTS. 

5 (a) REPORT AND IDENTIFICATION OF PRODUCTS.— 

6 Not later than one year after the date of the enactment 

7 of this Act, the Secretary of Defense shall submit to the 

8 Committees on Armed Services of the Senate and the 

9 House of Representatives a report on the efforts of the 

10 Secretary to comply with the paragraph entitled, ‘‘Licens11 ing of Federally owned medical interventions’’ included on 

12 page 173 of the report of the Committee on Armed Serv13 ices of the Senate to accompany the National Defense Au14 thorization Act for Fiscal Year 2018 (Public Law 115– 

15 91), which shall include the following information: 

16 (1) A description of what steps, if any, the Sec17 retary has taken to comply with that paragraph. 

18 (2) A complete list of the drugs, vaccines, and 

19 medical technologies that, as of the date of the en20 actment of this Act, meet the requirements outlined 

21 in that paragraph. 

22 (3) For each drug, vaccine, or medical tech23 nology identified under paragraph (2), a discussion 

24 of the plans of the Secretary to utilize the authori25 ties of the Secretary under section 203 or 209(d)(1) 

26 of title 35, United States Code, to authorize a third 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 2486 IS

1 party or Federal agency to use the drug, vaccine, or 

2 medical technology. 

3 (b) AUTHORIZATION OF USE.—Not later than one 

4 year after the date of the enactment of this Act, the Sec5 retary of Defense, pursuant to section 203 or 209(d)(1) 

6 of title 35, United States Code, shall authorize third par7 ties or Federal agencies to use not fewer than 10 drugs, 

8 vaccines, or medical technologies identified under sub9 section (a)(2) for the purpose of expanding military and 

10 civilian access to such drugs, vaccines, or technologies. 

11 SEC. 3. TRANSPARENCY IN TAXPAYER-FUNDED BIO12 MEDICAL RESEARCH INVESTMENTS BY THE 

13 DEPARTMENT OF DEFENSE. 

14 (a) IN GENERAL.—The Secretary of Defense shall— 

15 (1) compile into a searchable database informa16 tion relating to Federal support (before or after the 

17 date of enactment of this Act) provided by the De18 partment of Defense or an entity acting on behalf of 

19 the Department of Defense for biomedical research 

20 and development, including drugs, vaccines, and 

21 medical technologies; and 

22 (2) make such database available on the public 

23 website of the Department of Defense. 

24 (b) COVERED INFORMATION.—The information relat25 ing to Federal support described in subsection (a)(1) shall 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 2486 IS

1 include all contracts, funding agreements, licensing ar2 rangements, other transactions, and other arrangements 

3 entered into by, or on behalf of, the Department of De4 fense with respect to research and development, manufac5 turing, and distribution of a drug (including a biological 

6 product), cell or gene therapy, medical device, or other 

7 medical technology, including the following: 

8 (1) Licensing agreements pursuant to section 

9 207 or 209 of title 35, United States Code. 

10 (2) Cooperative research and development 

11 agreements and licensing agreements pursuant to 

12 section 3710a of title 15, United States Code. 

13 (3) Funding agreements, as defined in section 

14 201 of title 35, United States Code. 

15 (4) Transactions, contracts, grants, cooperative 

16 agreements, other agreements, and other arrange17 ments entered into pursuant to the following: 

18 (A) The Public Health Service Act (42 

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

20 319L, 421, and 480 of such Act (42 U.S.C. 

21 241, 247d–7e, 285b–3, 287a). 

22 (B) Section 105 of the National Institutes 

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

24 284n). 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 2486 IS

1 (C) Chapter 139 of title 10, United States 

2 Code, including sections 2358, 2371, 2371a, 

3 2371b, and 2373. 

4 (c) INFORMATION REQUIRED.—Notwithstanding any 

5 other provision of law, the Secretary of Defense shall in6 clude in the database under subsection (a), with regard 

7 to each contract, funding agreement, licensing agreement, 

8 other transaction, or other arrangement described in sub9 section (b), at least the following information: 

10 (1) The agency, program, institute, or other en11 tity of the Department of Defense providing the 

12 Federal grant, cooperative agreement, or other sup13 port. 

14 (2) The amount and period of Federal financial 

15 support with an itemized breakdown. 

16 (3) Other Federal nonfinancial support, includ17 ing the use of Federal personnel, Federal facilities, 

18 and Federal equipment. 

19 (4) The grant number, if applicable. 

20 (5) Associated clinical trial data, upon trial 

21 completion. 

22 (6) Associated patents and patent applications, 

23 specifying— 

24 (A) any Federal ownership in such patents 

25 and patent applications; 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 2486 IS

1 (B) the expiration date of such patents 

2 and filing dates of such patent applications; and 

3 (C) the numbers of such patents and pat4 ent applications. 

5 (7) Associated periods of marketing exclusivity 

6 under Federal law and the durations of such peri7 ods. 

8 (8) The corporation, nonprofit organization, 

9 academic institution, person, or other entity receiv10 ing the Federal support. 

11 (9) Any products (including repurposed prod12 ucts) approved, authorized, or cleared for marketing, 

13 or for which marketing approval, authorization, or 

14 clearance is being sought, the development of which 

15 was aided by Federal support, including— 

16 (A) the names of such products; 

17 (B) the prices of such products; and 

18 (C) the current and anticipated manufac19 turing capacity to produce such products. 

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

21 agreement, licensing agreement, other transaction, 

22 or other arrangement described in subsection (b). 

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

24 subsection (a) shall be— 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 2486 IS

1 (1) searchable and filterable according to the 

2 categories of information described in subsection (c); 

3 and 

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

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

6 shall be— 

7 (1) made publicly available not later than one 

8 month after the date of the enactment of this Act; 

9 and 

10 (2) updated not less frequently than once every 

11 two weeks. 

12 (f) DISCLOSURE.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, to the extent necessary for the Sec15 retary of Defense to carry out this section, the Sec16 retary may require entities receiving Federal support 

17 described in subsection (a)(1) to disclose to the Sec18 retary any information relating to such Federal sup19 port and required to be included in the database 

20 under subsection (a). 

21 (2) INTERMEDIARY COOPERATION.— 

22 (A) IN GENERAL.—Any arrangement en23 tered into by the Department of Defense with 

24 an entity providing for such entity to enter into 

25 contracts, licensing agreements, grants, other 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 2486 IS

1 transactions, or other arrangements with third 

2 parties on behalf of the Department shall re3 quire such entity to disclose in a timely manner 

4 any information necessary for the Department 

5 to fulfill its duties under this section. 

6 (B) EXISTING ARRANGEMENTS.—With re7 spect to any arrangement described in subpara8 graph (A) with an entity in place as of the date 

9 of the enactment of this Act, the Secretary of 

10 Defense may require the entity to disclose to 

11 the Secretary any information required to be in12 cluded in the database under subsection (a). 

13 (3) PENALTY FOR NONDISCLOSURE.—If an en14 tity that is required to disclose information pursuant 

15 to paragraph (1) or (2) fails to disclose such infor16 mation by the date that is two weeks after the date 

17 on which the Secretary of Defense requests such in18 formation, or by such reasonable deadline as the 

19 Secretary may specify, whichever is sooner, then 

20 such entity shall be liable to the United States for 

21 a civil penalty in an amount not to exceed $10,000 

22 for each day on which such failure continues. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS