[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8848 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8848

  To amend the Federal Food, Drug, and Cosmetic Act to allow for the 
  importation of affordable and safe drugs by wholesale distributors, 
                      pharmacies, and individuals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2024

Ms. Schakowsky (for herself, Mr. Cohen, Mr. Doggett, Mr. Grijalva, Ms. 
Norton, Ms. Omar, Ms. Pingree, and Mr. Pocan) 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 to allow for the 
  importation of affordable and safe drugs by wholesale distributors, 
                      pharmacies, and individuals.

    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 ``Affordable and Safe Prescription 
Drug Importation Act of 2024''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Prescription drug prices are, on average, 2.78 times 
        more expensive in the United States compared to comparable 
        countries in the Organisation for Economic Co-operation and 
        Development (OECD). Drugs that are still under a patent are 
        4.22 times more expensive in the United States than those in 
        comparable nations in the OECD.
            (2) Multiple studies have demonstrated that tens of 
        millions of Americans have opted to not fill a prescription due 
        to the prohibitive cost of the prescription.
            (3) The Food and Drug Administration has entered into 
        Mutual Recognition Agreements with the United Kingdom, the 
        European Union, and Switzerland to recognize drug manufacturing 
        inspections conducted by each entity as valid and equivalent to 
        an inspection conducted by their own inspectors.
            (4) The Food and Drug Administration, in testimony provided 
        to Congress, acknowledged that fewer negative inspection 
        outcomes were assessed to drug manufacturers in the European 
        Union than in the United States, representing a drug 
        manufacturing industry that is comparably safe and effective to 
        that of the United States.
            (5) In 2022, the Food and Drug Administration found that 57 
        percent of all finished dosage form manufacturing sites for 
        drugs categorized as essential medicines were located in 
        foreign nations and relied on importation to reach American 
        patients.
            (6) Millions of Americans every year already benefit from 
        safely importing their prescription drugs for personal use, 
        which Federal law permits through enforcement discretion and 
        waivers, but such importation remains technically illegal under 
        most circumstances because many foreign drugs do not have the 
        exact same formulations as the Food and Drug Administration-
        approved versions. Despite Federal law recognizing that 
        ``patients and their families sometimes have reason to import 
        into the United States drugs that have been approved by the 
        Food and Drug Administration'' the existing restrictions mean 
        Americans who are able to obtain relief from high prescription 
        drug costs by importing prescription drugs for personal use may 
        occasionally lose access to these drugs as they are seized upon 
        importation.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the cost of prescription drugs in the United States 
        represents a crisis that endangers the safety of millions of 
        Americans who must choose between their health and financial 
        stability;
            (2) prohibitions on drug importation originally intended to 
        protect American consumers have resulted in artificially raised 
        prices that harm the American people, even while the same drugs 
        sell for significantly less in other countries;
            (3) since the initial prohibitions on drug importation were 
        put in place, foreign nations, including Canada, the United 
        Kingdom, Switzerland, and members of the European Union, have 
        significantly advanced their ability to safely approve, 
        manufacture, and transport prescription drugs, including small 
        molecules and biologics;
            (4) the American pharmaceutical supply chain already 
        heavily relies on drugs that are manufactured overseas and then 
        imported to American patients, a process that has been done 
        safely for decades and with exporting nations with which the 
        Food and Drug Administration does not have a Mutual Recognition 
        Agreement; and
            (5) it is possible for the American people, with 
        appropriate oversight from the Secretary of Health and Human 
        Services and the Food and Drug Administration, to safely engage 
        in a global pharmaceutical marketplace in order to obtain 
        prescription drugs for fair prices.

SEC. 3. IMPORTING AFFORDABLE AND SAFE DRUGS.

    (a) In General.--Section 804 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 384) is amended to read as follows:

``SEC. 804. IMPORTATION OF SAFE AND AFFORDABLE DRUGS BY WHOLESALE 
              DISTRIBUTORS, PHARMACIES, AND INDIVIDUALS.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Affordable and Safe Prescription Drug Importation Act 
of 2024, the Secretary shall promulgate regulations permitting the 
importation of qualifying prescription drugs into the United States, in 
accordance with this section.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Certified foreign seller.--The term `certified 
        foreign seller' means a licensed foreign pharmacy or foreign 
        wholesale distributor that the Secretary certifies under 
        subsection (d)(1)(B), that pays the fee required under 
        subsection (d)(1)(C), and that is included on the list 
        described in subsection (c).
            ``(2) Foreign wholesale distributor.--The term `foreign 
        wholesale distributor' means a person (other than a 
        manufacturer, a manufacturer's co-licensed partner, a third-
        party logistics provider, or a repackager) engaged in wholesale 
        distribution.
            ``(3) Importer.--The term `importer' means a dispenser (as 
        defined in section 581(3)) or wholesale distributor registered 
        under section 503(e) who imports prescription drugs into the 
        United States in accordance with this section.
            ``(4) Licensed foreign pharmacy.--The term `licensed 
        foreign pharmacy' means a pharmacy located in Canada, the 
        United Kingdom, a member state of the European Union, 
        Switzerland, or subject to subsection (e), another applicable 
        country, that--
                    ``(A) operates in accordance with applicable 
                pharmacy standards set forth by the pharmacy laws and 
                regulations of the country in which the pharmacy is 
                located; and
                    ``(B) is licensed to operate and dispense 
                prescription drugs to individuals in the country in 
                which the pharmacy is located.
            ``(5) Qualifying prescription drug.--The term `qualifying 
        prescription drug'--
                    ``(A) means a prescription drug that--
                            ``(i) is approved for use in patients, and 
                        marketed, in Canada, the United Kingdom, a 
                        member state of the European Union, 
                        Switzerland, or subject to subsection (e), in 
                        another permitted country;
                            ``(ii) has the same active ingredient or 
                        ingredients, route of administration, and 
                        strength as a prescription drug approved under 
                        chapter V, or, for purposes of subparagraph 
                        (B)(iv), is biosimilar to an approved 
                        biological product and has the same route of 
                        administration and strength as the approved 
                        biological product; and
                            ``(iii) is labeled in accordance with--
                                    ``(I) the laws of Canada, the 
                                United Kingdom, a member state of the 
                                European Union, Switzerland, or another 
                                country from which importation is 
                                permitted pursuant to subsection (e); 
                                and
                                    ``(II) the requirements promulgated 
                                by the Secretary, which shall include 
                                labeling in English;
                    ``(B) with respect to importers only, includes--
                            ``(i) peritoneal dialysis solution;
                            ``(ii) insulin;
                            ``(iii) a drug for which a risk evaluation 
                        and mitigation strategy is required under 
                        section 505-1;
                            ``(iv) biological products, as defined in 
                        section 351 of the Public Health Service Act 
                        that are proteins (except any chemically 
                        synthesized polypeptides) or analogous 
                        products; and
                            ``(v) intravenously infused drugs; and
                    ``(C) does not include--
                            ``(i) a controlled substance (as defined in 
                        section 102 of the Controlled Substances Act);
                            ``(ii) an anesthetic drug inhaled during 
                        surgery; or
                            ``(iii) a compounded drug.
            ``(6) Valid prescription.--The term `valid prescription' 
        means a prescription that is issued for a legitimate medical 
        purpose in the usual course of professional practice by a 
        practitioner who has conducted at least one in-person medical 
        evaluation of the patient.
    ``(c) Publication of Certified Foreign Sellers.--The Secretary 
shall publish on a dedicated internet website a list of certified 
foreign sellers, including the internet website address, physical 
address, and telephone number of each such certified foreign seller.
    ``(d) Additional Criteria.--
            ``(1) Certified foreign sellers.--
                    ``(A) In general.--To be a certified foreign 
                seller, such seller shall--
                            ``(i) be certified by the Secretary in 
                        accordance with subparagraph (B);
                            ``(ii) pay the registration fee established 
                        under subparagraph (C); and
                            ``(iii) sell only qualifying prescription 
                        drugs to importers or individuals who import 
                        prescription drugs into the United States in 
                        accordance with this section.
                    ``(B) Certification.--To be a certified foreign 
                seller, the Secretary shall certify that such seller--
                            ``(i) is a foreign wholesale distributor or 
                        licensed foreign pharmacy operating an 
                        establishment, which may include an online 
                        foreign pharmacy, that is located in Canada, 
                        the United Kingdom, a member state of the 
                        European Union, Switzerland, or, subject to 
                        subsection (e), another permitted country;
                            ``(ii) is engaged in the distribution or 
                        dispensing of a prescription drug that is 
                        imported or offered for importation into the 
                        United States;
                            ``(iii) in the case of a certified foreign 
                        seller that is a licensed foreign pharmacy, 
                        agrees to dispense a qualifying prescription 
                        drug to an individual in the United States only 
                        after receiving a valid prescription, as 
                        described in paragraph (2)(C);
                            ``(iv) has processes established by the 
                        seller, or participates in another established 
                        process, to certify that the physical premises 
                        and data reporting procedures and licenses are 
                        in compliance with all applicable laws and 
                        regulations of the country in which the seller 
                        is located and has implemented policies 
                        designed to monitor ongoing compliance with 
                        such laws and regulations;
                            ``(v) conducts or commits to participate in 
                        ongoing and comprehensive quality assurance 
                        programs and implements such quality assurance 
                        measures, including blind testing, to ensure 
                        the veracity and reliability of the findings of 
                        the quality assurance program;
                            ``(vi) agrees that, pursuant to subsection 
                        (g), laboratories approved by the Secretary may 
                        be authorized to conduct product testing to 
                        determine the chemical authenticity of sample 
                        pharmaceutical products;
                            ``(vii) agrees to notify the Secretary, 
                        importers, and individuals of product recalls 
                        in the country in which the seller is located, 
                        and agrees to cease, or refrain from, exporting 
                        such product;
                            ``(viii) has established, or will establish 
                        or participate in, a process for resolving 
                        grievances, as defined by the Secretary, and 
                        will be held accountable for violations of 
                        established guidelines and rules;
                            ``(ix) except as otherwise permitted under 
                        this section, does not sell products that the 
                        seller could not otherwise legally sell in the 
                        country in which the seller is located to 
                        customers in the United States; and
                            ``(x) meets any other criteria established 
                        by the Secretary.
                    ``(C) Certification fee.--Not later than 30 days 
                before the start of each fiscal year, the Secretary 
                shall establish a fee to be collected from foreign 
                sellers for such fiscal year that are certified under 
                subparagraph (B), in an amount that is sufficient, and 
                not more than necessary, to pay the costs of 
                administering the program under this section, and 
                enforcing this section pursuant to section 303(h), for 
                that fiscal year.
                    ``(D) Recertification.--A certification under 
                subparagraph (B) shall be in effect for a period of 2 
                years, or until there is a material change in the 
                circumstances under which the foreign seller meets the 
                requirements under such subparagraph, whichever occurs 
                earlier. A foreign seller may reapply for certification 
                under such subparagraph (B), in accordance with a 
                process established by the Secretary.
            ``(2) Individuals.--An individual may import a qualifying 
        prescription drug described in subsection (b) from Canada, the 
        United Kingdom, a member state of the European Union, 
        Switzerland, or another country pursuant to subsection (e) if 
        such drug--
                    ``(A) is dispensed, including a drug ordered from 
                an online pharmacy, by a certified foreign seller that 
                is a licensed foreign pharmacy;
                    ``(B) is purchased for personal use by the 
                individual, not for resale, in quantities that do not 
                exceed a 90-day supply; and
                    ``(C) is filled only after providing to the 
                licensed foreign pharmacy a valid prescription issued 
                by a health care practitioner licensed to practice in a 
                State in the United States.
    ``(e) Importation From Other Countries.--Beginning on the date that 
is 1 year after the date on which final regulations are promulgated to 
carry out this section, if, based on a review of the evidence obtained 
after such effective date, including the reports submitted under 
section 2(d) of the Affordable and Safe Prescription Drug Importation 
Act of 2024, that importation of qualifying prescription drugs from 
Canada, the United Kingdom, a member state of the European Union, and 
Switzerland under this section was conducted safely, the Secretary 
shall have the authority to permit importation of qualifying 
prescription drugs by importers and individuals from, in addition to 
Canada, the United Kingdom, a member state of the European Union, and 
Switzerland, any country that--
            ``(1) has statutory or regulatory standards for the 
        approval and sale of prescription drugs that would enable safe 
        importation of prescription drugs into the United States;
            ``(2) authorizes the approval of drugs only if a drug has 
        been determined to be safe and effective by experts employed by 
        or acting on behalf of a governmental entity and qualified by 
        scientific training and experience to evaluate the safety and 
        effectiveness of drugs;
            ``(3) requires that any determination of safety and 
        effectiveness described in paragraph (2) be made on the basis 
        of adequate and well-controlled investigations, including 
        clinical investigations, as appropriate, conducted by experts 
        qualified by scientific training and experience to evaluate the 
        safety and effectiveness of drugs;
            ``(4) requires the methods used in, and the facilities and 
        controls used for, the manufacture, processing, and packing of 
        drugs in the country to be adequate to preserve the identity, 
        quality, purity, and strength of the drugs; and
            ``(5) requires the reporting of adverse reactions to drugs 
        and establish procedures to recall, and withdraw approval of, 
        drugs found not to be safe or effective.
    ``(f) Labeling.--Any qualifying prescription drug imported that 
meets the labeling requirements descr