H.R. 9699: Drug Deal Disclosure Act

This bill would require the Department of Health and Human Services (HHS) to publicly release records about certain drug-pricing agreements the federal government has made with drug manufacturers.

What information would be released

Within 30 days after enactment, HHS would have to publish, in a centralized searchable and downloadable format, documents and related records tied to agreements entered into on or after January 20, 2025, between federal agencies and drug manufacturers if those agreements include any of the following:

• Drug prices that are linked to prices paid in other countries, including Medicare and Medicaid pricing arrangements.
• Direct-to-consumer drug sales or discount programs, including through manufacturer websites, partnerships, government platforms, or TrumpRx.
• Exemptions from import duties or other import restrictions.
• Requirements that a manufacturer invest money or resources in the United States or bring back revenue earned overseas.
• Special treatment in certain Medicare payment or demonstration programs, including the GLOBE and GUARD models.
• Agreements to supply the Strategic National Stockpile.
• Priority Review Voucher arrangements through an FDA pilot program.

Agreements specifically named

The bill lists several agreements it says must be disclosed, including agreements involving AbbVie, Amgen, AstraZeneca, Boehringer Ingelheim, Bristol Myers Squibb, Eli Lilly, EMD Serono, Genentech, Gilead Sciences, GSK, Johnson & Johnson, Merck, Novartis, Novo Nordisk, Pfizer, Regeneron, and Sanofi.

Limits on withholding information

The bill says records cannot be withheld, delayed, or redacted simply because disclosure might cause reputational harm or political sensitivity.

However, HHS could withhold or redact parts of agreements that contain:

• Proprietary pricing information,
• Pricing information that cannot legally be disclosed under foreign law or certain settlement/court orders, or
• Information already protected from disclosure by other laws.

If HHS redacts or withholds anything, it would have to say whether it was given access to confidential pricing information from each manufacturer and publish a written explanation in the Federal Register and send it to Congress.

Reports to Congress

After the required disclosures are completed, HHS would have 15 days to report to Congress on what was released and what was withheld, including the reasons for any redactions.

Economic analysis

Within 90 days after the disclosures are completed, the Congressional Budget Office and the Government Accountability Office would jointly have to issue a report on the economic and budgetary effects of the disclosed agreements. That report would have to cover:

• The expected economic and budgetary effects of each agreement,
• How much consumers have saved or are expected to save, by insurance status,
• Effects on Medicare, Medicaid, and Affordable Care Act marketplace plans,
• Effects on drug price competition, including possible shifts from generic drugs to brand-name drugs,
• Possible effects on the federal anti-kickback law, and
• Possible effects on health plan formulary design, including cost shifting and spending changes.

Relevant Companies

• ABBV — AbbVie could be affected because the bill would disclose details of its pricing-related agreement with the federal government.
• AMGN — Amgen could be affected by disclosure of its agreement and any related pricing or market-access terms.
• AZN — AstraZeneca could be affected by disclosure of its agreement with federal agencies.
• BMY — Bristol Myers Squibb could be affected by disclosure of agreement terms involving pricing or other concessions.
• LLY — Eli Lilly could be affected by required disclosure of its drug-pricing agreement.
• GILD — Gilead Sciences could be affected by disclosure of agreement details.
• JNJ — Johnson & Johnson could be affected by disclosure of agreement terms with the government.
• MRK — Merck could be affected by disclosure of its agreement and any related pricing provisions.
• NVO — Novo Nordisk could be affected by disclosure of agreement terms involving drug pricing or distribution.
• PFE — Pfizer could be affected by disclosure of its agreement and any related business terms.
• REGN — Regeneron could be affected by disclosure of its agreement with federal agencies.