US Codex
Bill
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Title II — Prescription drug importation

H.R. 3513 · 114th Congress · Sep 16, 2015 · Lineage

II Prescription drug importation

Sec. 201 Prescription drug importation

(a)
Importation by pharmacists and wholesalers— Section 804(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384(b)) is amended by striking “The Secretary,” and inserting “The Secretary, not later than January 1, 2016,”.
(b)
Importation by individuals—
(1)
In general— Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended—
(A)
in subsection (f), by striking “within Canada”;
(B)
in subsection (j)—
(i)
in paragraph (1), in the matter preceding subparagraph (A), by inserting “from countries other than Canada” after “devices”; and
(ii)
in paragraph (3)—
(I)
in the heading, by striking “from Canada” and inserting “from countries other than Canada”; and
(II)
in subparagraph (C), by striking “from Canada,”; and
(C)
by striking subsection (l) and inserting the following:

“(l) Importation of prescription drugs from Canada—Individuals may import from Canada any prescription drug that meets the requirements of subparagraphs (A) through (F) of subsection (j)(3).”

(2)
Regulations— Not later than January 1, 2016, the Secretary of Health and Human Services shall promulgate regulations with respect to subsection (l) of section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) (as amended by paragraph (1)(B)).
(3)
Effective date— The amendments made by paragraph (1) shall take effect on the effective date of the final regulations promulgated in accordance with paragraph (2).
(c)
FDASIA amendment— Subsection (c) of section 708 of the Food and Drug Administration Safety and Innovation Act (Public Law 112–144; 126 Stat. 1068) is amended by striking “The amendment made by” and all that follows through the period at the end and inserting “The amendment made by subsection (a) and the regulations promulgated under subsection (b) shall apply beginning on the effective date of the regulations promulgated under section 804(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384(b)) and the amendments made by section 201(b) of the Prescription Drug Affordability Act of 2015.”.

Sec. 202 Sense of the House of Representatives regarding trade agreements

It is the sense of the House of Representatives that the United States Trade Representative should not negotiate trade agreements that would raise the prices of prescription drugs in the United States, extend the periods of market exclusivity otherwise available for prescription drugs, or remove flexibility in Federal or State law regarding pricing of prescription drugs.