[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 75 Introduced in House (IH)]






109th CONGRESS
  1st Session
H. CON. RES. 75

 Expressing the sense of the Congress that the illegal importation of 
   prescription drugs severely undermines the regulatory protections 
      afforded to United States consumers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2005

 Mr. Meeks of New York submitted the following concurrent resolution; 
  which was referred to the Committee on Energy and Commerce, and in 
    addition to the Committee on Ways and Means, 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

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Expressing the sense of the Congress that the illegal importation of 
   prescription drugs severely undermines the regulatory protections 
      afforded to United States consumers, and for other purposes.

Whereas restrictive foreign price controls artificially lower the cost of 
        prescription drugs in other countries, motivating United States 
        consumers to purchase these drugs illegally from Canada and other 
        foreign countries;
Whereas many health experts have concluded that the illegal importation of 
        prescription drugs will increase the flow of counterfeit drugs, cheap 
        foreign copies of drugs approved by the Food and Drug Administration, 
        expired and contaminated drugs, and drugs stored under inappropriate and 
        unsafe conditions;
Whereas recent public opinion polls show that Americans overwhelmingly think 
        that there are numerous safety concerns about drugs being brought into 
        the country that are not subject to the same safety standards United 
        States consumers are accustomed to;
Whereas the illegal importation of prescription drugs severs the pharmacist-
        patient relationship;
Whereas the illegal importation of prescription drugs undermines the important 
        doctor-patient relationship and ignores the crucial medical history of 
        the patient;
Whereas the illegal importation of prescription drugs has caused and will 
        continue to cause severe medical complications and life-threatening 
        conditions;
Whereas the illegal importation of prescription drugs increases safety concerns 
        that have been voiced by numerous Federal officials (including 2 former 
        Secretaries of Health and Human Services and 10 former Food and Drug 
        Commissioners), the United States Custom Service, the Drug Enforcement 
        Administration, and the Centers for Medicare & Medicaid Services;
Whereas safe and effective medication management by pharmacists is enormously 
        compromised when prescription drugs are treated as just another retail 
        commodity, as opposed to powerful medications that cure illnesses;
Whereas United States consumers are unlikely to save money from the illegal 
        importation of prescription drugs because the intended cost-savings will 
        be absorbed by fees charged by exporters and foreign pharmacists, but 
        United States consumers will certainly bear all the risks of these drugs 
        with unknown origins;
Whereas Canada's Patented Medicine Pricing Review Board sets artificial price 
        controls on new, innovative prescription drugs that have a negative 
        economic impact on United States consumers and the United States 
        pharmaceutical industry;
Whereas Canada's Patented Medicine Pricing Review Board, from an international 
        trade perspective, undermines the goals of the North American Free Trade 
        Agreement and shifts the entire burden of funding future research and 
        development costs onto United States consumers;
Whereas a December 2004 study on pharmaceutical price controls by the Department 
        of Commerce, International Trade Administration, found that United 
        States consumers would benefit from the elimination of foreign price 
        controls;
Whereas the study was mandated under section 1123 of the Medicare Prescription 
        Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173);
Whereas a December 2004 report by the Health and Human Services task force on 
        drug importation found that when consumers order prescription drugs over 
        the Internet from international sources, they generally receive drugs 
        that do not have regulatory assurances of equivalence to products of the 
        United States or safety and security in the distribution process;
Whereas because over 50 percent of all prescriptions in the United States are 
        filled by generic drugs and on average generic drugs are priced 50 
        percent cheaper in the United States, consumers will not necessarily 
        save money by purchasing medicines from Canada or other foreign 
        countries; and
Whereas despite significant efforts, including joint efforts with United States 
        Customs and Border Protection and import alerts or bulletins, the Food 
        and Drug Administration currently does not have sufficient resources to 
        ensure adequate inspection of current levels and categories of personal 
        shipments of prescription drugs entering the United States: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that--
            (1) the illegal importation of prescription drugs severely 
        undermines the regulatory protections afforded to United States 
        consumers;
            (2) the President should take appropriate action to prevent 
        the illegal importation of prescription drugs from Canada or 
        any other foreign country as a matter of national security and 
        consumer protection;
            (3) the United States Trade Representative should take 
        immediate action to correct the inequities and discrimination 
        caused by Canada's Patented Medicine Pricing Review Board;
            (4) the pharmaceutical industry and the health care 
        community should begin a nationwide educational awareness 
        program for United States consumers regarding the dangers of 
        imported drugs;
            (5) the pharmaceutical industry and the health care 
        community should work to ensure that all citizens have access 
        to prescription drugs with the same level of safety and 
        efficacy guaranteed under the current system of regulation;
            (6) it is essential that United States patients have access 
        to affordable prescriptions drugs;
            (7) total savings to consumers from legalized drug 
        importation under a commercial system would be small relative 
        to total drug spending in the United States, about 1 to 2 
        percent;
            (8) importation of drugs could result in between 4 to 18 
        fewer new drugs being introduced per decade at a substantial 
        cost to society; and
            (9) deregulating foreign prices would increase the flow of 
        new drugs to consumers in the United States.
                                 <all>