Pandemic Treatment Access and Affordability Act of 2021

Bill: 117-hr-597
Sponsor: Rep. Schakowsky, Janice D. [D-IL-9]
Introduced: 2021-01-28 in the House
Policy area: Health
Subjects: Business records
Cardiovascular and respiratory health
Civil actions and liability
Drug safety, medical device, and laboratory regulation
Drug therapy
Emergency medical services and trauma care
Fraud offenses and financial crimes
Government information and archives
Health care costs and insurance
Health programs administration and funding
Health promotion and preventive care
Health technology, devices, supplies
Immunology and vaccination
Income tax credits
Infectious and parasitic diseases
Inflation and prices
Intellectual property
Manufacturing
Medical tests and diagnostic methods
Minority health
Public contracts and procurement
Research and development
User charges and fees

Summary:
action_date: 2021-01-28
text: 

 Pandemic Treatment Access and Affordability Act of 2021 

 
This bill imposes licensing and price restrictions on federally supported drugs and other medicines intended to address COVID-19 (i.e., coronavirus disease 2019) or other public health emergencies.
 
With respect to a COVID-19 drug patent developed using certain types of federal support, any license granted by the federal government shall be open and nonexclusive. Similarly, a licensee or assignee for such a patent shall grant open nonexclusive licenses for the patent. An entity that receives a license shall pay reasonable royalties to (1) the patent holder, or (2) the owner of marketing exclusivity rights granted by the Food and Drug Administration (FDA) that were terminated under this bill. 
 
The bill requires that such drugs be offered at a fair and reasonable price based on certain considerations, such as access. 
 
If the Department of Health and Human Services (HHS) finds that the price of any drug to address a public health emergency is excessive, HHS must void any FDA-granted exclusivity for the drug and grant open and nonexclusive licenses to other manufacturers. Such licenses are subject to reasonable royalty requirements.


Legislative actions:
action_date: 2021-03-22
text: Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
action_date: 2021-02-02
text: Referred to the Subcommittee on Health.
action_date: 2021-01-28
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Science, Space, and Technology, and Armed Services, 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.
action_date: 2021-01-28
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Science, Space, and Technology, and Armed Services, 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.
action_date: 2021-01-28
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Science, Space, and Technology, and Armed Services, 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.
action_date: 2021-01-28
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, Science, Space, and Technology, and Armed Services, 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.
action_date: 2021-01-28
text: Introduced in House
action_date: 2021-01-28
text: Introduced in House