Reimportation Law Unlikely This Year Despite Democratic Pressure
This article was originally published in The Pink Sheet Daily
Executive Summary
Senate Majority Leader Frist says he does not expect to fit Rx import language into the schedule during the session’s remaining days. The Senate Health Committee has no plans to markup a bill.
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The enactment of legislation enabling prescription drug importation this year looks increasingly unlikely despite pressure from Democrats. Senate Majority Leader Bill Frist (R-Tenn.) signaled Sept. 8 that he does not expect a bill to move through the upper chamber before its Oct. 8 target adjournment date. Frist told reporters he doubts "that we'd have sufficient time in the next 23 days" to complete work on reimportation, pointing to a legislative calendar dominated by efforts to overhaul American intelligence services and appropriations work. He reiterated his desire for the Senate Health Committee to report a bill, as opposed to moving legislation directly to the chamber floor for a vote. But the health panel is not planning to markup reimportation legislation this year, a spokesman for committee chairman Judd Gregg (R-N.H.) said. The committee's scheduled consideration of Gregg's importation measure (S 2493) was cancelled as he assessed whether it had adequate support (1 (Also see "Rx Import Bill Mark-Up Postponed" - Pink Sheet, 20 Jul, 2004.)). The Gregg aide explained that there are "no plans" to proceed with a bill at this point because there is "no consensus" among members regarding the best policy approach. Gregg's bill faces competition from separate measures sponsored by Senate Finance Committee Chairman Charles Grassley (R-Iowa) and a bipartisan group led by Sen. Byron Dorgan (D-N.D.). Senate Democrats nevertheless continue to highlight the immediate need for drug importation. Speaking on the chamber floor, Dorgan urged Republican leaders to allow a vote on either his bill or the bipartisan measure passed by the House last year (HR 2427). Frist is violating a pledge to bring reimportation to the floor, Dorgan said, citing allegations made by Grassley that the GOP leader will not move a bill because he knows it will pass overwhelmingly. The Democrats are hoping to circumvent Frist's reticence by attaching language to other legislation heading for a vote. "We're going to look for a vehicle to do that this fall," Senate Minority Leader Tom Daschle (D-S.D.) declared immediately after Frist's remarks. However, Democrats' previous efforts to add reimportation amendments to other bills have proved unsuccessful (2 (Also see "Senate Expected To Block Rx Import Amendments To Pending Bills" - Pink Sheet, 7 Jul, 2004.)). President Bush, meanwhile, has said importing drugs from Canada "makes sense" if safety concerns are addressed (3 (Also see "Once Safety Issues Are Addressed, Rx Importation "Makes Sense," President Bush Says" - Pink Sheet, 20 Aug, 2004.)). His rhetoric leaves the door open to allowing some form of reimportation through administrative action before the November elections. - Andrew Dove |