,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #dfdj  ,,in ,,the ,,house ,,of  
,,representatives  ,october #aa1        
#bjai,mr4 ,de,fazio introduced the      
following bill2 which was referred to   
the ,committee on ,energy and ,commerce 
,a ,,bill  ,to require persons who      
undertake ,federally funded research and
 development of drugs to enter into     
reasonable pricing agreements with the  
,secretary of ,health and ,human        
,services4  #a4 ,short title ,this ,act 
may be cited as the ,affordable ,pricing
 for ,taxpayer-,funded ,prescription    
,drugs ,act of #bjai4  #b4 ,reasonable  
price agreement  7a7 ,in general ,if any
 ,federal agency or any nonprofit entity
 undertakes ,federally funded health    
care research and development and is to 
convey or provide a patent for a drug1  
biologic1 or other health care          
technology developed through such       
research1 such agency or entity shall   
not make such conveyance or provide such
 patent until the entity 7including a   

nonprofit entity7 that will receive such
 patent first agrees to a reasonable    
pricing agreement with the ,secretary of
 ,health and ,human ,services 7referred 
to in this section as the ,secretary7 or
 the ,secretary makes a determination   
that the public interest is served by a 
waiver of the reasonable pricing        
agreement provided in accordance with   
subsection 7c74  7b7 ,prohibition of    
discrimination  7#a7 ,in general ,for   
purposes of subsection 7a71 any         
reasonable pricing formula that is      
utilized shall not result in            
discriminatory pricing for the drug1    
biologic1 or other health care          
technology involved regardless of the   
number of bidders involved4 ,in carrying
 out this subparagraph1 the ,secretary  
shall ensure that the ,federal          
,government1 with respect to the drug1  
biologic1 or other health care          
technology involved1 is charged an      
amount that is not more than the lowest 
amount charged to countries in the      

,organization for ,economic             
,co-,operation and ,development for the 
same drug1 biologic1 or technology1 that
 have the largest gross domestic product
 with a per capita income that is not   
less than half the per capita income of 
the ,united ,states4  7#b7              
,discriminatory pricing ,for the        
purposes of paragraph 7#a71 a cost based
 reasonable pricing formula that is     
utilized shall be considered to result  
in discriminatory pricing if the        
contract for sale of the drug1 biologic1
 or other health care technology places 
a limit on supply1 or employs any other 
measure1 that has the effect of--  7,a7 
providing access to such drug1 biologic1
 or technology on terms or conditions   
that are less favorable than the terms  
or conditions provided to a foreign     
purchaser 7other than a charitable or   
humanitarian organization7 of the drug1 
biologic1 or technology2 or  7,b7       
restricting access to the drug1         
biologic1 or technology under this      

section4  7c7 ,waiver ,no waiver shall  
take effect under subsection 7a7 before 
the public is given notice of the       
proposed waiver and provided a          
reasonable opportunity to comment on the
 proposed waiver4 ,a decision to grant a
 waiver shall set out the ,secretary's  
finding that such a waiver is in the    
public interest4