I 
116TH CONGRESS 
1ST SESSION H. R. 1344 
To prohibit brand name drug companies from compensating generic drug 
companies to delay the entry of a generic drug into the market, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2019 
Mr. DOGGETT (for himself, Mr. BLUMENAUER, Mr. CARTWRIGHT, Ms. JUDY 
CHU of California, Mr. CUMMINGS, Ms. DELAURO, Mr. DESAULNIER, 
Mr. GRIJALVA, Ms. HILL of California, Ms. KAPTUR, Mr. KHANNA, Ms. 
MOORE, Mrs. NAPOLITANO, Ms. OCASIO-CORTEZ, Ms. NORTON, Ms. PIN-
GREE, Mr. POCAN, Ms. WATERS, Mr. WELCH, and Mr. LANGEVIN) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means, and in addition to the Committees on Energy and Commerce, 
and the Judiciary, 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 prohibit brand name drug companies from compensating 
generic drug companies to delay the entry of a generic 
drug into the market, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Competitive Deals Re-
sulting in Unleashed Generics and Savings Act of 2019’’ 
or the ‘‘Competitive DRUGS Act of 2019’’. 
SEC. 2. CLAWBACK OF RESEARCH AND DEVELOPMENT TAX 
BENEFITS FOR MANUFACTURERS ENGAGING 
IN PAY-FOR-DELAY. 
(a) IN GENERAL.—Section 41 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the 
following new subsection: 
‘‘(i) RECAPTURE.— 
‘‘(1) IN GENERAL.—If the Federal Trade Com-
mission determines under section 27 of the Federal 
Trade Commission Act that the taxpayer violated 
section 5 of such Act in connection with the sale of 
a drug product (as defined in such section), then the 
tax under this chapter for the taxable year which in-
cludes the date of such determination shall be in-
creased by the sum of the product for each of the 
2 relevant years of— 
‘‘(A) the aggregate decrease in the credits 
allowed under section 38 for such relevant year 
which would have resulted solely from reducing 
to zero any credit determined under this sec-
tion, multiplied by 
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SEC. 7. STATUTE OF LIMITATIONS. 
The Federal Trade Commission shall commence any 
enforcement proceeding described in section 27 of the 
Federal Trade Commission Act, as added by section 3, ex-
cept for an action described in section 27(f)(2) of such 
Act, not later than 6 years after the date on which the 
parties to the agreement file the other agreements under 
section 1112(c)(2) or the certification required by section 
1112(d) of the Medicare Prescription Drug Improvement 
and Modernization Act of 2003 (21 U.S.C. 355 note). 
Æ 
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