IV 111th CONGRESS 2d Session H. RES. 1311 IN THE HOUSE OF REPRESENTATIVES April 29, 2010 Mr. Cohen (for himself and Mr. Farr) submitted the following resolution; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 RESOLUTION Expressing support for the charitable collection and good samaritan distribution to uninsured, low-income Americans of Food and Drug Administration-approved, medically appropriate, non-expired, non-narcotic prescription medications by non-profit organizations licensed to dispense such medications.

Whereas millions of Americans are uninsured or underinsured; Whereas millions of Americans struggle daily to manage their health including serious chronic diseases like asthma, diabetes, heart disease, cancer, stroke, and arthritis; Whereas over 100,000,000 Americans have incomes below 200 percent of the Federal poverty level and cannot afford essential medications; Whereas billions of dollars worth of in-date, usable medicine is unnecessarily wasted in the United States health care system each year; and Whereas pharmaceutical manufacturers’ humanitarianism and philanthropy expresses itself in billions of dollars annually in medication that assists low-income Americans: Now, therefore, be it

That the House of Representatives— (1)encourages pharmaceutical manufacturers, health care professionals, and institutions providing health care to make charitable donations of Food and Drug Administration-approved, medically appropriate, non-expired, non-narcotic prescription medications to non-profit organizations whose primary mission is to fill prescriptions for low-income Americans; (2)supports exempting pharmaceutical companies from civil or criminal liability arising from the donation of medications that the pharmaceutical companies donate in good faith to non-profit organizations for ultimate distribution to needy individuals, assuming there is no gross negligence or intentional misconduct on the part of the pharmaceutical company; and (3)encourages the Secretary of the Department of Health and Human Services to convene a working group of appropriate officers and employees of the Department of Health and Human Services to develop plans to facilitate the creation and operation of non-profit organizations able to achieve the goals of this resolution.