[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[Senate]
[Page 11179]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   IMPORTATION OF PRESCRIPTION DRUGS

  Mr. ENZI. Mr. President, I have never supported a bill that would 
allow for the importation of prescription drugs--until today.
  I have decided to cosponsor Senator Gregg's bill to permit the 
carefully regulated importation of drugs approved by the Food and Drug 
Administration. The bill also would regulate the dispensing of 
medications by Internet pharmacies and strengthen the laws and 
regulations that protect Americans from the dangers of counterfeit 
drugs.
  I have long opposed drug importation on the grounds that current 
laws, regulations, and practices are insufficient to allow for the safe 
opening of our currently closed drug distribution system. I have said 
that I could not support any plan to legalize drug importation that 
does not ensure that the drugs that are imported are safe, effective, 
and will not compromise the integrity of our Nation's prescription drug 
supply or our world-leading pharmaceutical research.
  With that in mind, Senator Gregg's bill is the first piece of 
legislation I have seen that would craft an importation system with the 
appropriate safeguards and limitations necessary to protect the public 
health. Senator Gregg's bill would allow importation of FDA-approved 
drugs manufactured in FDA-inspected facilities only. His bill would 
permit the importation of drugs from Canada only, with the possibility 
that the FDA could approve importation from other countries in the 
future. His bill would also provide additional tools and resources for 
the FDA to use to protect American citizens from tainted or counterfeit 
drugs, and from scam artists selling medications on the Internet.
  Senator Gregg has introduced a strong bill that addresses my concerns 
about the safety of drug importation and Internet pharmacies, and it's 
the only bill I've yet seen that I could support.
  My main outstanding concern is that Senator Gregg's bill does not 
address the liability that sellers, distributors, and manufacturers of 
prescription drugs may face even under a regulated system of drug 
importation.
  Our jurisdiction over foreign companies or individuals in the chain 
of drug distribution is limited at best. Irresponsible actions on their 
part could put responsible American companies and individuals at risk 
of substantial monetary liability. Without liability protection, 
American companies and individuals may choose not to participate in 
drug importation, which would defeat the purpose of enacting this 
legislation in the first place.
  As this legislation moves in the Senate, I look forward to working 
with Senator Gregg, the other cosponsors of his bill, and other 
interested Members to address these concerns through sensible liability 
protections for sellers, distributors, and manufacturers of 
prescription drugs.
  I want to be clear on an important point: importing prescription 
drugs from other countries will not solve the problem of rising drug 
prices. Our market for prescription drugs is so large that we can not 
import enough lower-priced medications from other countries to make a 
significant impact on prices here.
  There are many other ways that Congress is helping Americans afford 
their prescription medications. Just yesterday, for instance, the new 
Medicare drug discount cards went into effect. The cards offer savings 
of 10 to 25 percent or more off the current retail prices seniors pay, 
and seniors with low incomes also qualify for a $1,200 credit over the 
next 18 months to help pay for prescriptions.
  Nevertheless, millions of Americans are still buying prescription 
drugs in Canada and other countries, or purchasing drugs from Internet 
pharmacies that operate outside the United States. Despite the fact 
that importing prescription drugs is against the law today, these 
Americans are taking their lives in their hands by going outside our 
closed drug distribution system and obtaining their prescription 
medicines from pharmacies and Internet sites that do not meet the high 
standards that we require domestically.
  Right now, the Federal Government and State governments are looking 
the other way, crossing our fingers and hoping that no one gets hurt. 
So I am cosponsoring Senator Gregg's bill to put a strong and 
enforceable system in place to protect Americans against the dangers 
inherent in importing drugs from other countries. I also intend to work 
with Senator Gregg to oppose any election-year political maneuvering 
that would weaken the critical safety components of his legislation as 
we consider the bill in the Health, Education, Labor, and Pensions 
Committee, and on the Senate floor.

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