I 
117TH CONGRESS 
1ST SESSION H. R. 4757 
To authorize the use of certain drugs, vaccines, and medical technologies 
to expand military and civilian access to such products, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2021 
Mr. DOGGETT (for himself and Ms. DELAURO) introduced the following bill; 
which was referred to the Committee on Armed Services, and in addition 
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To authorize the use of certain drugs, vaccines, and medical 
technologies to expand military and civilian access to 
such products, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Make Taxpayer-Fund-
ed Department of Defense Medical Interventions Afford-
able Act’’. 
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SEC. 2. AUTHORIZATION OF USE OF DRUGS, VACCINES, 
AND MEDICAL TECHNOLOGIES TO EXPAND 
MILITARY AND CIVILIAN ACCESS TO SUCH 
PRODUCTS. 
(a) REPORT AND IDENTIFICATION OF PRODUCTS.— 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives a report on the efforts of the 
Secretary to comply with the paragraph titled ‘‘Licensing 
of Federally owned medical interventions’’, included on 
page 173 of the report of the Committee on Armed Serv-
ices of the Senate accompanying S. 1519 of the 115th 
Congress (S. Rept. 115–125), which shall include the fol-
lowing information: 
(1) A description of what steps, if any, the Sec-
retary has taken to comply with such paragraph. 
(2) A complete list of the drugs, vaccines, and 
medical technologies that, as of the date of the en-
actment of this Act, meet the requirements outlined 
in such paragraph. 
(3) For each drug, vaccine, or medical tech-
nology identified under paragraph (2), a discussion 
of the plans of the Secretary to utilize the authori-
ties of the Secretary under section 203 or 209(d)(1) 
of title 35, United States Code, to authorize a third 
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party or Federal agency to use the drug, vaccine, or 
medical technology. 
(b) AUTHORIZATION OF USE.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary, pursuant to section 203 or 209(d)(1) of title 35, 
United States Code, shall authorize third parties or Fed-
eral agencies to use not fewer than 10 drugs, vaccines, 
or medical technologies identified under subsection (a)(2) 
for the purpose of expanding military and civilian access 
to such drugs, vaccines, or technologies. 
SEC. 3. DEPARTMENT OF DEFENSE DATABASE ON SUPPORT 
FOR BIOMEDICAL RESEARCH AND DEVELOP-
MENT. 
(a) DATABASE.—The Secretary of Defense shall— 
(1) compile into a searchable database informa-
tion relating to any support provided before or after 
the date of enactment of this Act by the Department 
of Defense, or an entity acting on its behalf, for bio-
medical research and development, including with re-
spect to drugs, vaccines, and medical technologies; 
and 
(2) make such database available on a public 
website of the Department. 
(b) COVERED INFORMATION.—The information relat-
ing to support described in subsection (a)(1) shall include 
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all contracts, funding agreements, licensing arrangements, 
other transactions, and other arrangements entered into 
by, or on behalf of, the Department of Defense with re-
spect to the research and development, or the manufac-
turing and distribution, of a drug (including a biological 
product), cell or gene therapy, or medical device or other 
medical technology, including the following: 
(1) Licensing agreements pursuant to section 
207 or 209 of title 35, United States Code. 
(2) Cooperative research and development 
agreements and licensing agreements entered into 
pursuant to section 12 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 
3710a). 
(3) Funding agreements, as defined under sec-
tion 201 of title 35, United States Code. 
(4) Transactions, contracts, grants, cooperative 
agreements, other agreements, and other arrange-
ments entered into pursuant to the following au-
thorities: 
(A) Section 2358 of title 10, United States 
Code. 
(B) Section 2371 of such title. 
(C) Section 2371a of such title. 
(D) Section 2371b of such title. 
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(E) Section 2373 of such title. 
(c) INFORMATION REQUIRED.—Notwithstanding any 
other provision of law, the Secretary shall include in the 
database under subsection (a) at a minimum, with regard 
to each contract, funding agreement, licensing agreement, 
other transaction, or other arrangement, described in sub-
section (b), the following information: 
(1) The element of the Department of Defense 
providing the grant, cooperative agreement, or other 
support. 
(2) The amount and period of financial support 
provided by the Department, with an itemized break-
down. 
(3) Other nonfinancial support provided by the 
Department, including the use of personnel, facili-
ties, or equipment of the Department. 
(4) The grant number, if applicable. 
(5) Associated clinical trial data, upon trial 
completion. 
(6) Associated patents and patent applications, 
specifying— 
(A) any Department ownership in such 
patents and patent applications; 
(B) the expiration date of such patents 
and filing dates of such patent applications; and 
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(C) the numbers of such patents and pat-
ent applications. 
(7) Associated periods of marketing exclusivity 
under Federal law and the durations of such peri-
ods. 
(8) The corporation, nonprofit organization, 
academic institution, person, or other entity receiv-
ing the support provided by the Department. 
(9) Any products (including repurposed prod-
ucts) approved, authorized, or cleared for marketing, 
or for which marketing approval, authorization, or 
clearance is being sought, the development of which 
was aided by support provided by the Department, 
including— 
(A) the names of such products; 
(B) the prices of such products; and 
(C) the current and anticipated manufac-
turing capacity to produce such products. 
(10) The full terms of the contract, funding 
agreement, licensing agreement, other transaction, 
or other arrangement. 
(d) FORMAT OF INFORMATION.—The database under 
subsection (a) shall be— 
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(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 30 
days after the date of enactment of this Act; and 
(2) updated not less frequently than once every 
two weeks. 
(f) DISCLOSURE.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, to the extent necessary for the Sec-
retary to carry out this section, the Secretary may 
require entities receiving support as described in 
subsection (a)(1) to disclose to the Secretary any in-
formation relating to such support and required to 
be included in the database under subsection (a). 
(2) INTERMEDIARY
COOPERATION.—Any ar-
rangement entered into by the Department of De-
fense with an entity providing for such entity to 
enter into contracts, licensing agreements, grants, 
other transactions, or other arrangements with third 
parties on behalf of the Department shall require 
such entity to disclose in a timely manner any infor-
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mation necessary for the Secretary of Defense to ful-
fill the duties of the Secretary under this Act. With 
respect to any such arrangement in place as of the 
date of enactment of this Act, the Secretary may re-
quire the entity to disclose to the Secretary any in-
formation required to be included in the database 
under subsection (a). 
(3) PENALTY FOR NONDISCLOSURE.—If an en-
tity that is required to disclose information pursuant 
to paragraph (1) or (2) fails to disclose such infor-
mation by the date that is two weeks after the date 
on which the Secretary requests such information, or 
by such reasonable deadline as the Secretary may 
specify, whichever is sooner, then such entity shall 
be liable to the United States for a civil penalty in 
an amount not to exceed $10,000 for each day on 
which such failure continues. 
Æ 
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