[Congressional Record Volume 152, Number 23 (Tuesday, February 28, 2006)]
[Senate]
[Pages S1514-S1515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              CONFISCATION OF SENIORS' PRESCRIPTION DRUGS

  Mr. NELSON of Florida. Mr. President, I share with the Senate that 
there have been a couple of occurrences in Florida over the course of 
this recess that might be worth noting.
  The first is, seniors were assured by the Food and Drug 
Administration 2 years ago that our senior citizens would not be 
harassed by the confiscation of their prescription drugs when they 
order those prescriptions by the Internet or by mail from Canada for a 
limited supply. The Food and Drug Administration assured me that the 
overall intent of the law was to stop the massive purchases of drugs 
out of State in which they would go on the black market, but that for 
senior citizens

[[Page S1515]]

seeking a 90-day supply, since the prescriptions are so much cheaper 
ordering them through Canada, there was not going to be the harassment 
of the confiscations.
  That has dramatically changed. Over the course of the last week and a 
half, I have received over 100 complaints of senior citizens from all 
over Florida having their prescriptions, when ordered by mail or 
Internet from Canada, confiscated. This is serious business. This could 
be a matter of life and death for senior citizens who cannot afford to 
pay the retail price and are depending on that medicine in order to 
help them with whatever their ailments are--in some cases, life-
threatening situations. Fortunately, we have not had any one of those 
reported to me, but the harassment has started.
  I certainly hope there is no connection between this spike in the 
number of instances with Customs taking senior citizens' prescriptions. 
I hope there is no connection between that and trying to force senior 
citizens into the Medicare prescription drug benefit, the Medicare Part 
D. Naturally, seniors are quite resistant to the new plan.
  We have talked in the Senate over and over, and I have offered 
amendments, all of which have had a majority vote, but under the 
parliamentary procedure of having to waive the Budget Act, I had to get 
60 votes. I have gotten over 50 but not the 60 votes needed in order to 
delay the implementation of the prescription drug benefit, the deadline 
for signing up, which is May 15.
  Naturally, seniors are resistant because they do not understand it. 
They are confused and in some cases bewildered. They have 40 to 50 
plans to pick from. They are confused and they are frightened because 
if they do not pick a plan by the May deadline, they will be penalized 
1 percent a month or 12 percent a year, or if they pick the wrong plan, 
they are stuck with that plan for a year and they have the fear that 
suddenly the need to change their prescription by their doctor may 
occur and the formulary they pick may not cover the new prescription.
  This resistance is a fact. I hope we do not see any of this 
harassment connected with trying to force seniors into the prescription 
drug bill.
  I call on the Department of Homeland Security, Customs, to stop 
harassing our senior citizens by confiscating their prescriptions for 
purchase of a short supply, which is bought at so much of a reduced 
cost.
  That is not the total answer, just getting the drugs from Canada. 
That is bandaiding the problem. The problem is having a Medicare 
prescription drug benefit offered to senior citizens where Medicare can 
use its huge buying power of bulk purchases in order to bring down the 
price of the drugs, as the Veterans' Administration has been doing for 
the last two decades. But until we can get to that point, until we can 
change the law, until we can get the votes to change the law, in the 
meantime, some of our senior citizens who have trouble making financial 
ends meet have to buy their drugs through Canada at a much reduced 
price.
  I bring this to the attention of the Senate. I bring it to the 
attention of Customs, as I have through correspondence. It is time to 
stop harassing our senior citizens.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Coleman). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. MENENDEZ. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MENENDEZ. I ask unanimous consent to have 12 minutes in morning 
business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MENENDEZ. I thank the Chair.
  (The remarks of Mr. Menendez pertaining to the introduction of S. 
2334 are located in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from Texas is recognized.

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