[Congressional Record Volume 149, Number 158 (Tuesday, November 4, 2003)]
[House]
[Pages H10316-H10317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      CONGRESS NEEDS TO PUT TEETH IN PRESCRIPTION DRUG LEGISLATION

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Minnesota (Mr. Gutknecht) is recognized for 5 minutes.
  Mr. GUTKNECHT. Madam Speaker, outside the House Chamber, in fact it 
is the only statue in Statuary Hall which faces the House Chamber, 
there is a statue of Will Rogers. Will Rogers was an amazing person. 
One of my favorite quotes from Will Rogers was: All I know is what I 
read in the newspapers. Sometimes I feel like Will Rogers because all I 
know is what I read in the newspapers.
  Let me read some things that were in a recent column in the 
Congressional Quarterly, the November 1 www.cq.com edition, talking 
about the prescription drug bill and what may happen to Medicare. 
``Some observers speculate that Medicare conferees will include 
language in their final report that will express support for 
importation, but will also make certain it never happens.'' Here is a 
quote from one of the lobbyists, ``You can tell them, the lawmakers, 
that this will only kick in after FDA has appropriated $100 million for 
border safety or FDA has to have counterfeit, tamperproof packaging 
devices in place,'' said one health

[[Page H10317]]

care lobbyist who asked not to be named, ``Whatever that trigger is, 
just say it will never be met.''
  In other words, pretend like we are going to do something and make 
sure it never happens. Talking about other things we read in the 
newspapers, here is a quote from Mark McClellan, the head of FDA, who 
says, ``These Members are out of touch with the realities of keeping 
our drug supply safe, and the clear and present dangers to America's 
supply of drugs that their bill would create.''
  Madam Speaker, let me ask Mr. McClellan a rhetorical question: How 
many Canadians are dying, how many Europeans are dying, and then tell 
me who is out of touch.
  The problem is that if we do not put some real teeth into whatever we 
do, the drug companies will figure out how to get around it. They say 
later in the article that even if lawmakers turn to Canada to soothe 
concerns about safety, the drugs Americans want to buy may not be 
available. Several drug companies, and they include Eli Lily and Co. 
and Wyeth, have decided to curtail sales to Canada anticipating that 
Congress could enact importation legislation.
  Madam Speaker, that is called antitrust and that is why 22 Members of 
this House sent a letter last week to Attorney General Ashcroft, and I 
would like to read the letter. It says, ``Six major pharmaceutical 
manufacturers have moved to restrict supply of prescription drugs to 
Canadian pharmacies and wholesalers. It is obvious that these actions 
are an attempt to prevent American consumers from accessing affordable 
prescription drugs. This action is putting lives at risk in the United 
States and Canada.
  ``Americans should not have to wait for States' attorneys general to 
enforce antitrust laws. Therefore, we request a thorough investigation 
by your office. If any pharmaceutical companies are found in violation 
of antitrust laws, the Department of Justice must take all available 
steps to correct this injustice.
  ``We must not allow pharmaceutical companies to abuse American 
consumers, and place lives at risk, by illegally manipulating supply.''
  Madam Speaker, this was signed by 22 mostly senior Members, including 
some of the highest ranking members of the Committee on the Judiciary. 
The American public now knows the dirty little secret, and that is 
American consumers pay the world's highest prices even though they are 
world's best customers for prescription drugs. If this Congress 
produces a bill that is filled with obfuscation, manipulation and 
pretending that we deal with the issue of affordability, well, as we 
say out in rural America, that dog will not hunt.

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