H.R. 847House108th Congress (2003-2005)In Committee

Preserving Access to Safe Affordable Canadian Medicines Act of 2003

Introduced February 13, 2003

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

February 26, 2003

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HouseIntro Referral

Introduced in House

February 13, 2003

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

February 13, 2003

HouseCommittee

Referred to the Subcommittee on Health.

February 26, 2003

Floor Debate

9 members

What members said about H.R. 847 on the floor

3 Republicans5 Democrats1 Independent
Rahm Emanuel
Rep. Rahm EmanuelD-IL-5 · Jun 17, 2003

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to include therein extraneous material on the subject of my Special…

Dan Burton
Rep. Dan BurtonR-IN-5 · Jun 2, 2003

Mr. Speaker, the gentleman from Minnesota (Mr. Gutknecht), the gentleman from Maine (Mr. Allen), the gentleman from Vermont (Mr. Sanders), and the gentlewoman from California (Ms. Watson) and myself…

Gil Gutknecht
Rep. Gil GutknechtR-MN-1 · Jun 17, 2003

I would like to thank the gentleman from Illinois for taking a leadership role on this important issue. This is a huge issue. Members need to know that the estimate that the Congressional Budget…

Gil Gutknecht
Rep. Gil GutknechtR-MN-1 · Jun 2, 2003

Mr. Speaker, I want to thank the chairman for putting this special order together tonight, and I want to thank my colleagues on both sides of the aisle for joining us. As has been mentioned, this is…

Bernard Sanders
Rep. Bernard SandersI-VT · Jun 2, 2003

Mr. Chairman, I am at a disadvantage. After hearing you and the gentleman from Maine (Mr. Allen) and the gentleman from Minnesota (Mr. Gutknecht) and I am sure the gentlewoman from California (Ms.…

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Thomas H. Allen
Rep. Thomas H. AllenD-ME-1 · Jun 2, 2003

I thank the gentleman for yielding, and I thank him for his enormous courage and directness and integrity in bringing this issue forward. This is an unusual event tonight, to have Democrats,…

Diane E. Watson
Rep. Diane E. WatsonD-CA-33 · Jun 2, 2003

I am very proud of that, Mr. Speaker. I thank the chairman, the gentleman from Indiana (Mr. Burton), for his courage. I will just restate the problem that we see in the pricing of U.S.…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Jun 17, 2003

Mr. Speaker, I thank the gentleman from Chicago (Mr. Emanuel), my neighbor and friend, for organizing this Special Order and certainly for giving me an opportunity to participate. Our districts abut…

Sherrod Brown
Rep. Sherrod BrownD-OH-13 · Jun 2, 2003

Mr. Speaker, I thank the gentleman from Indiana (Mr. Burton) and the gentleman from Minnesota (Mr. Gutknecht) for their work and the gentlewoman from California (Ms. Watson), the gentleman from Maine…

Mark Kirk
Rep. Mark KirkR-IL-10 · Jun 17, 2003

Mr. Speaker, I would like to compliment the gentleman from Illinois, my neighboring colleague from Chicago, because I know not only is he leading on this issue, but he is leading on creating a…

Bill Text

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Introduced in HouseIssued February 13, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 847 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 847

To amend the Federal Food, Drug, and Cosmetic Act with respect to the
importation of prescription drugs from Canada.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 13, 2003

Mr. Sanders (for himself, Mr. Burton of Indiana, Ms. DeLauro, Mr.
Crowley, Mrs. Emerson, Mr. Berry, Ms. Kaptur, Mr. McGovern, Mr.
DeFazio, Mr. Tierney, Mr. Doggett, Mr. Stark, Ms. Woolsey, Ms. Lee, Mr.
Olver, Ms. Solis, Mr. Evans, Mr. Owens, Mr. Serrano, Mr. Abercrombie,
Mr. Nadler, Ms. Corrine Brown of Florida, Mr. Sabo, Mr. Jackson of
Illinois, Ms. Velazquez, Mr. Capuano, Mr. Hinchey, Mr. Kucinich, Mr.
Meehan, Mr. Levin, Mr. Pallone, Mr. Brown of Ohio, Ms. Baldwin, and Mr.
Filner) introduced the following bill; which was referred to the
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To amend the Federal Food, Drug, and Cosmetic Act with respect to the
importation of prescription drugs from Canada.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Preserving Access to Safe,
Affordable Canadian Medicines Act of 2003''.

SEC. 2. FINDINGS.

The Congress finds as follows:
(1) Prescription drug manufacturers charge substantially
more for their products in the United States than in Canada.
(2) Many Americans cannot afford the higher U.S. prices and
are forced to either go without their needed medications or
sacrifice other necessities of life in order to afford them.
(3) Increasingly, Americans have turned to the Canadian
market to purchase their needed medications at substantially
lower prices and the Food and Drug Administration now estimates
that two million parcels containing prescription drugs enter
the U.S. for personal use each year.
(4) The Congressional Research Service has confirmed that
Canada has a drug approval and distribution system comparable
to that of the United States.
(5) Drug manufacturers are trying to cut off the supply of
prescription drugs accessed by U.S. consumers on the Canadian
market in blatant disregard of the health consequences for
Americans.

SEC. 3. NONDISCRIMINATION AGAINST IMPORTS OF PRESCRIPTION DRUGS.

(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended--
(1) in section 801(d)(1), by striking ``section 804,'' and
inserting ``sections 804 and 805,''; and
(2) by adding at the end the following:

``prohibition against discrimination against imports

``Sec. 805. (a) Regulations.--The Secretary, after consultation
with the United States Trade Representative and the Commissioner of
Customs, shall promulgate regulations prohibiting manufacturers of
prescription medications from taking actions that discriminate against,
or cause other persons to discriminate against, United States consumers
regarding the purchase of prescription medications from Canadian
pharmacies.
``(b) Nondiscrimination.--No manufacturer of a prescription
medication may take actions that discriminate against, or cause other
persons to discriminate against, United States consumers regarding the
purchase of a prescription medication from Canadian pharmacies.
``(c) Definition.--For purposes of this section, the term
`discrimination' means a contract provision, a limitation on supply, or
other measure which has the effect of providing U.S. consumers access
to prescription medications on terms or conditions that are less
favorable than the terms or conditions provided to any foreign
purchaser of such products, or otherwise has the effect of restricting
or reducing access by United States consumers to a prescription
medication from Canadian pharmacies.''.
(b) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(hh) Discrimination by a manufacturer in violation of section
805.''.
(c) Civil Penalties.--Section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the
following subsection:
``(h)(1) Any manufacturer of a prescription medication that
knowingly violates section 805(b) shall be liable to the United States
for a civil penalty in an amount not to exceed $1,000,000.
``(2) Paragraphs (3) through (5) of subsection (g) apply with
respect to a civil penalty under paragraph (1) of this subsection to
the same extent and in the same manner as such paragraphs (3) through
(5) apply with respect to a civil penalty under paragraph (1) or (2) of
subsection (g).''.
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