Drug Deal Disclosure Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9699 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9699

   To require the Department of Health and Human Services to release
   documents, communications, and other information relating to most
  favored nation pricing agreements and other private or confidential
 drug pricing deals struck with manufacturers, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2026

 Ms. Chu (for herself, Ms. Castor of Florida, Ms. Lee of Pennsylvania,
Mr. Pappas, Mr. Beyer, Ms. Clarke of New York, Ms. DelBene, Mr. Carson,
Ms. Dexter, Mr. Doggett, Mr. Evans of Pennsylvania, Ms. Goodlander, Ms.
 Matsui, Ms. McCollum, Ms. Moore of Wisconsin, Mr. Mfume, Ms. Norton,
 Mr. Panetta, Ms. Ross, Ms. Schakowsky, Mr. Schneider, Mr. Takano, Ms.
  Tlaib, and Ms. Williams of Georgia) introduced the following bill;
  which was referred to the Committee on Energy and Commerce, and in
  addition to the Committees on Ways and Means, and the Budget, 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 require the Department of Health and Human Services to release
   documents, communications, and other information relating to most
  favored nation pricing agreements and other private or confidential
 drug pricing deals struck with manufacturers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Deal Disclosure Act''.

SEC. 2. RELEASE OF INFORMATION RELATING TO MOST-FAVORED-NATION PRICING
              AGREEMENTS.

    (a) Public Release of Information.--
            (1) In general.--Not later than 30 days after the date of
        enactment of this Act, the Secretary of Health and Human
        Services (referred to in this Act as the ``Secretary''),
        subject to subsections (b) and (c), shall make publicly
        available in a centralized, searchable, and downloadable format
        all records, documents, communications, meeting notes,
        memoranda, directives, logs, metadata, contracts, and
        agreements as provided by the Department of Health and Human
        Services, or any other Federal department, agency, or office
        that possesses such information to which the Secretary does not
        have direct access, that relate to any agreement, including any
        agreement described in paragraph (2) or (3), between an
        Executive Office of the President, the Department of Health and
        Human Services, the Department of Commerce, or another Federal
        department, agency, or office and any drug manufacturer entered
        into on or after January 20, 2025, that includes any of the
        following provisions:
                    (A) That the manufacturer or any of its
                subsidiaries shall offer reduced prices on any of its
                drugs to levels that make reference to the prices paid
                for drugs in nations other than the United States,
                including under the Medicare program under title XVIII
                of the Social Security Act (42 U.S.C. 1395 et seq.) and
                the Medicaid program under title XIX of such Act (42
                U.S.C. 1396 et seq.).
                    (B) That the manufacturer or any of its
                subsidiaries shall offer or expand its offerings of
                direct-to-consumer drug sales or discounts on its drugs
                through the website of such manufacturer or subsidiary,
                partnerships with other entities, or any government-
                sponsored platform, including TrumpRx.
                    (C) That goods imported or produced by the
                manufacturer or any of its subsidiaries shall be
                excluded or exempt from any duties or other import
                restrictions.
                    (D) That the manufacturer or any of its
                subsidiaries shall further invest money or resources
                into the United States or repatriate revenue made in
                nations other than the United States.
                    (E) That the manufacturer or any of its
                subsidiaries shall receive special treatment, such as
                an exemption from, or specialized predetermined
                conditions of participation for, any demonstration
                project proposed or implemented by the Center for
                Medicare and Medicaid Innovation, including the Global
                Benchmark for Efficient Drug Pricing ``GLOBE'' Model,
                and the Guarding U.S. Medicare Against Rising Drug
                Costs ``GUARD'' Model.
                    (F) That the manufacturer or any of its
                subsidiaries shall contribute to, or be guaranteed
                purchasing agreement for, the Strategic National
                Stockpile established under section 319F-2 of the
                Public Health Service Act (42 U.S.C. 247d-6b).
                    (G) That the manufacturer or any of its
                subsidiaries shall receive a Commissioner's National
                Priority Review Voucher through the pilot program of
                the Food and Drug Administration.
            (2) Agreements.--The agreements described in this
        paragraph, and for which public disclosure is required under
        paragraph (1), include the agreements publicly announced by an
        Executive Office of the President or the applicable drug
        manufacturer, as follows:
                    (A) AbbVie Inc. on January 12, 2026.
                    (B) Amgen Inc. on December 19, 2025.
                    (C) AstraZeneca plc. on October 10, 2025.
                    (D) Boehringer Ingelheim Pharmaceuticals, Inc. on
                December 19, 2025.
                    (E) Bristol Myers Squibb on December 19, 2025.
                    (F) Eli Lilly & Company on November 6, 2025.
                    (G) EMD Serono Inc. on October 16, 2025.
                    (H) Genentech, Inc. on December 19, 2025.
                    (I) Gilead Sciences, Inc. on December 19, 2025.
                    (J) GSK plc. on December 19, 2025.
                    (K) Johnson & Johnson, Inc. on January 8, 2026.
                    (L) Merck & Co., Inc. on December 19, 2025.
                    (M) Novartis AG on December 19, 2025.
                    (N) Novo Nordisk Inc. on November 6, 2025.
                    (O) Pfizer Inc. on September 30, 2025.
                    (P) Regeneron Pharmaceuticals, Inc. on April 23,
                2026.
                    (Q) Sanofi S.A. on December 19, 2025.
            (3) Subsequent agreements.--If, after the date of enactment
        of this Act, an Executive Office of the President or any other
        Federal department, agency, or office enters into an agreement
        with a drug manufacturer or any of its subsidiaries that meets
        the criteria described in paragraph (1), or modifies or amends
        an agreement listed in paragraph (2), not later than 30 days
        after the date of ratification of such new agreement, the
        Secretary shall disclose information about such agreement as
        described in paragraph (1).
    (b) Prohibited Grounds for Withholding.--No record shall be
withheld, delayed, or redacted on the basis of reputational harm or
political sensitivity, including to any government official, public
figure, or manufacturer.
    (c) Permitted Withholdings.--The Secretary may withhold or redact
the segregable portions of agreements required to be disclosed under
subsection (a)(1) that include proprietary pricing information, pricing
information that manufacturers are legally prohibited from disclosing
based on the law of a nation other than the United States or as part of
a settlement agreement or court directive, or information that is
protected from disclosure under other applicable law, provided that the
Secretary--
            (1) discloses whether the Secretary has been provided
        access to confidential pricing information by each individual
        manufacturer; and
            (2) includes with any such redaction or withholding a
        written justification, and ensures that such written
        justification is published in the Federal Register and
        submitted to Congress.

SEC. 3. REPORT TO CONGRESS.

    Not later than 15 days after the completion of the release of
agreements listed under section 2(a)(2), the Secretary shall submit to
the Committee on Finance and the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce,
the Committee on Education and Workforce, and the Committee on Ways and
Means of the House of Representatives a report listing--
            (1) all documents and information released and withheld;
        and
            (2) a summary of redactions and withholdings made,
        including legal basis for such redactions and withholdings.

SEC. 4. CONGRESSIONAL BUDGET OFFICE AND GOVERNMENT ACCOUNTABILITY
              OFFICE ANALYSIS.

    Not later than 90 days after the completion of the release of
agreements listed under section 2(a)(2), the Director of the
Congressional Budget Office and the Comptroller General of the United
States, jointly, shall publish a report on the economic and budgetary
effects of all agreements disclosed under section 2, including--
            (1) the expected economic and budgetary consequences of
        each such agreement;
            (2) an analysis of direct cost savings that individuals in
        the United States have received and can expect to receive, by
        insurance status, including uninsured individuals, as a
        consequence of the agreements;
            (3) a budget analysis of the impacts of the agreements on
        the Medicare program under title XVIII of the Social Security
        Act (42 U.S.C. 1395 et seq.), the Medicaid program under title
        XIX of such Act (42 U.S.C. 1396 et seq.), and qualified health
        plans offered through the American Health Benefit Exchanges
        established under section 1311 or 1321 of the Patient
        Protection and Affordable Care Act (42 U.S.C. 18031; 18041);
        and
            (4) any impact, or expected impact, on--
                    (A) drug price competition (such as through shifts
                from the use of generic drugs to brand name drugs);
                    (B) section 1128B of the Social Security Act
                (commonly referred to as the ``Federal Anti-Kickback
                Statute'' (42 U.S.C. 1320a-7b)); and
                    (C) health plan formulary design (such as cost
                shifting, adverse events for health plans, and spending
                acceleration).
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