HR 597 · 117th Congress 2021–2023, ended

Pandemic Treatment Access and Affordability Act of 2021

Latest action · Mar 22, 2021 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 28, 2021
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Cosponsors 26

Members who signed on, in the order they did. Signatures ran from Jan 28, 2021 to May 28, 2021; 14 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MNBetty McCollumOriginalJan 28, 2021
D-MEChellie PingreeOriginalJan 28, 2021
D-DCEleanor Holmes NortonOriginalJan 28, 2021
D-MDJamie RaskinOriginalJan 28, 2021
D-CAJudy ChuOriginalJan 28, 2021
D-TXLloyd DoggettOriginalJan 28, 2021
D-WIMark PocanOriginalJan 28, 2021
D-ORPeter A. DeFazioOriginalJan 28, 2021
D-VTPeter WelchOriginalJan 28, 2021
D-WAPramila JayapalOriginalJan 28, 2021
D-AZRaúl M. GrijalvaOriginalJan 28, 2021
D-CARo KhannaOriginalJan 28, 2021
D-CTRosa L. DeLauroOriginalJan 28, 2021
D-GASanford D. Bishop, Jr.OriginalJan 28, 2021
D-FLAlcee L. HastingsFeb 22, 2021
D-INAndré CarsonFeb 22, 2021
D-PADwight EvansFeb 22, 2021
D-CAMark DeSaulnierFeb 22, 2021
D-GUMichael F. Q. San NicolasFeb 22, 2021
D-FLAl Lawson, Jr.Feb 23, 2021
D-NVDina TitusFeb 23, 2021
D-PAMary Gay ScanlonFeb 23, 2021
D-CTJahana HayesMar 26, 2021
D-TNSteve CohenMar 26, 2021
D-NCDavid E. PriceMay 4, 2021
D-MSBennie G. ThompsonMay 28, 2021

Committees 4

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Referred Jan 28, 2021
Health Subcommittee
Referred Feb 2, 2021
HouseJudiciary Committee
Referred Jan 28, 2021
Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
Referred Mar 22, 2021
HouseScience, Space, and Technology Committee
Referred Jan 28, 2021
HouseArmed Services Committee
Referred Jan 28, 2021

Actions 4

Everything that happened, newest first.

  1. Mar 22, 2021Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
  2. Feb 2, 2021Referred to the Subcommittee on Health.
  3. Jan 28, 2021Introduced in House
  4. Jan 28, 2021Referred 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.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 3 The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

The sponsor’s statement, as printed in the Congressional Record, vol. 167, no. 17, January 28, 2021, page H252.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 7296MMAPPP Act of 2020Reintroduction ofJun 22, 2020

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To require any COVID-19 drug developed in whole or in part with Federal support to be affordable and accessible by prohibiting monopolies and price gouging, and for other purposes.
Short Title(s) as Introduced
Pandemic Treatment Access and Affordability Act of 2021

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 1

Each version as it was printed, newest first.

  1. Jan 28, 2021Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.