[Congressional Record Volume 145, Number 109 (Thursday, July 29, 1999)]
[Senate]
[Pages S9755-S9756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS:
  S. 1462. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
permit importation in personal baggage and through mail order of 
certain covered products for personal use from Canada, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.


         Personal Use Prescription Drug Importation Act of 1999

  Mr. JEFFORDS. Mr. President, today I am introducing legislation that 
takes another positive step toward the goal of providing access to 
affordable prescription drugs for patients in my state of Vermont, and 
many other patients across the United States.
  The high cost of prescription drugs is an issue that faces many 
Americans every single day, as they try to decide how to make ends 
meet, and whether they can afford to fill the prescription given to 
them by their doctor. Unfortunately, it is not uncommon to hear of 
patients who cut pills in half, or skip dosages in order to make 
prescriptions

[[Page S9756]]

last longer. This is a serious health problem, and I am committed to 
legislative solutions that we can enact that provides immediate 
assistance to those who need it. I will soon introduce legislation that 
will provide prescription drug insurance for low-income Medicare 
beneficiaries. And today I am introducing legislation that will allow 
Americans of all ages who do not have sufficient coverage for 
prescription drugs, to purchase the medicines they need at prices they 
can afford.
  Mr. President, it is well documented that the average price of 
prescription medicines is much lower in Canada than in the United 
States, with the price of some drugs in Vermont being twice that of the 
same drug available only a few miles away in a Canadian pharmacy. This 
is true even though many of the drugs sold in Canada are actually 
manufactured, packed, and distributed by American companies that sell 
the same products in both markets, but at drastically different prices. 
That is why many residents of my home state travel the short distance 
across the border into Canada to buy their prescription medicines at 
the lower price. Unfortunately, in most cases this is a violation of 
Federal law. This does not seem fair to many Vermonters, and it does 
not seem fair to me.
  The legislation I am introducing today will change that, so that 
Americans who want to buy prescription medicines in Canada can legally 
do so. This legislation will require the Food and Drug Administration 
(FDA) to promulgate new regulations permitting patients to import 
prescription medications purchased in Canada. Currently, it is illegal 
for Americans to go to Canada and purchase drugs to be brought back to 
the United States. But FDA and U.S. Customs employ a ``discretionary 
enforcement policy'', allowing some Americans to enter the U.S. with 
drugs that they bought in Canada.
  My legislation does a number of things. First, it requires the 
Secretary of Health and Human Services to promulgate regulations that 
will allow individuals to import prescription FDA-approved medicines 
from Canada in personal baggage, so long as the appropriate use is 
identified and the product does not represent a significant health 
risk. Under this bill, patients could also be asked to identify the 
licensed U.S. health professional responsible for treatment, and to 
affirm that the product is for personal use, and provide other 
necessary information so that the FDA can continue to ensure the safety 
of the U.S. drug supply. All information collected under this provision 
will be subject to the Privacy Act of 1974.
  Under this proposal, the Secretary of Health and Human Services will 
also be required to promulgate regulations regarding importation of 
prescription drugs from Canada by mail order. The Secretary will 
establish criteria which will ensure the safety of patients in the 
United States that wish to purchase drugs by mail order from Canada.
  Finally, this legislation will require the Secretary of HHS to study 
the safety and purity of the prescription drug products that are 
imported under this Act.
  Mr. President, it has often been said that we have the international 
gold standard when it comes to drug safety. Well, we have the platinum 
standard when it comes to prices. I want to emphasize, again, my 
commitment to helping Vermonters and all Americans have access to the 
prescription drugs that they need at prices that they can afford. As 
Chairman of the Health, Education, Labor and Pensions Committee, the 
safety of American patients is always one of my top priorities, and I 
am committed to achieving the goal of affordable prescription drugs 
without putting patients' lives at risk. This is a responsible proposal 
to help Vermonters and all Americans with the high prices of drugs, and 
I hope my colleagues will support it.
                                 ______