LAB TEST WILLING TO SCREEN OUT COUNTER FITS. LAB TESTING TO
           ENSURE PURITY, POTENCY AND SAFETY OF MEDICATION. IT IS ALL
           CLEAR. I HAVE A LETTER HERE FROM THE NATIONAL COMMUNITY
           PHARMACIST WHO WERE IN FAVOR OF THIS EXACT CONCEPT OF OUR
           PHARMACISTS AND WHOLE SEEMERS BE BEING ABLE TO REIMPORT THESE
           DRUGS BACK SO OUR CONSUMERS CAN AFFORD IT. MR. PRESIDENT, THE
           ONLY PROTECTION THAT WE DON'T HAVE IN THIS AMENDMENT IS
           PROTECTION FOR THE PHARMACEUTICAL INDUSTRY TO CONTINUE TO MAKE

           EXCESSIVE PROSTITUTE FITS. I QUOTE FROM FORTUNE MAGAZINE, --
           QUOTE -- "WHETHER YOU GAUGE PROFITABILITY BY MEDIAN RETURN ON
           REVENUES, ASSETS OR EQUITY, PHARMACEUTICALS HAD A VIAGRA KIND
           OF YEAR." MR. PRESIDENT, WE ARE TALKING ABOUT AND AN INDUSTRY
           MAKING ENORMOUS PROFITS, PRO KNITS AS A PERCENTAGE OF REVENUE
           UP AROUND 18.6%. WE HAVE ALL THE PROTECTION FOR CONSUMERS. WE
           JUST DON'T WANT TO PROTECT THE PHARMACEUTICAL COMPANY FROM
           BEING ABLE TO GHOUJ CONSUMERS AND PEOPLE IN MINNESOTA AND

           PEOPLE IN ALABAMA AND PEOPLE IN VERMONT AND PEOPLE IN NORTH
           DAKOTA ARE SAYING LOOK, WHY CAN'T WE HAVE THE TRADE?
           WHY CAN'T WE HAVE THE COME ME TIGS?
           WHY CAN'T OUR PHARMACISTS AND WHOLE SEEMERS REIMPORT THESE
           DRUGS BACK TO US SO THAT WE CAN GET THE DRUGS THAT WE NEED FOR
           OURSELVES AND OUR FAMILIES AT A PRICE THAT WE CAN AFFORD. THIS
           IS A REAL SIMPLE AMENDMENT. THEY ARE ON THE SIDE OF CONSUMERS.
           YOU ARE ON THE SIDE OF REAL COMPETITION, OR YOU ARE ON THE SIDE
           OF THE PHARMACEUTICAL INDUSTRY. AND ON THIS ONE, SENATORS, YOU

           HAVE GOT TO BE ON THE SIDE OF CONSUMERS. I YIELD THE FLOOR.
           

           THE PRESIDING OFFICER: THE SENATOR FROM VERMONT.
           

           MR. JEFFORDS: I YIELD TO THE SENATOR FROM I WILL I AM --
           MICHIGAN, I'M SORRY -- MICHIGAN, FOUR MINUTES.
           

           THE PRESIDING OFFICER: THE SENATOR FROM MICHIGAN.
           

           MR. LEVIN: THANK YOU. MR. PRESIDENT, LET ME COMMEND SENATOR
           JEFFORDS, SENATOR DORGAN, FOR THIS AMENDMENT. THERE IS NO
           REASON WHY AMERICAN CONSUMERS SHOULD NOT HAVE ACCESS TO
           LOWER-PRICED MEDICINES. WHILE ASSURING THE SAFETY OF THOSE
           MEDICINES THAT ARE IMPORTED. I WANT TO QUOTE FROM AN EDITORIAL
           FROM THE DETROIT NEWS. THIS IS AN HE HAD ATTORNEY YAWL
           DEPARTMENT WHICH IS VERY OUT SPOKENLY CONSERVATIVE. AVOWED HE
           HADLY CONSERVATIVE IN ITS EDITORIAL POLICY. IT SAYS "CONGRESS
           SHOULD REMOVE THE PROHIBITION BECAUSE FEDERAL GOVERNMENT OUGHT

           NOT TO RESTRICT THE PURCHASING OPTIONS OF AMERICANS." IT GOES
           ON TO SAY, "USING GOVERNMENT COERCION TO PREVENT AMERICANS FROM
           PURCHASING DRUGS FROM ABROAD IS NOT THE WAY TO GO." NOW, THAT'S
           WHAT THIS ISSUE IS ALL ABOUT. THIS IS ABOUT WHETHER OR NOT WE
           WILL USE THE FREE MARKET. THIS HAS NOTHING TO DO WITH SETTING
           PRICES. THIS HAS TO DO WITH USING A FREE MARKET TO ALLOW THE
           REIMPORTATION OF SOMETHING MANUFACTURED IN THE UNITED STATES
           AFTER IT HAS BEEN CERTIFIED BY THE F.D.A. THAT IT IS SAFE TO DO

           SO. AND IT IS INCREDIBLY FALLING AS WELL AS INCREDIBLY
           EXPENSIVE. FOR MY CONSTITUENTS IN MICHIGAN, TO GO ACROSS THE
           BORDER TO CANADA IN ORDER TO BUY DRUGS AT ABOUT HALF THE PRICE
           OF WHAT THEY ARE CHARGED NOR THOSE SAME DRUGS IN MICHIGAN. NOW
           AGAIN THESE ARE DRUGS MANUFACTURED IN THE UNITED STATES,
           EXPORTED TO CANADA. AND ALL THIS AMENDMENT SAYS IS THAT IT
           OUGHT TO BE POSSIBLE FOR OUR WHOLESALEERS AND OUR FARM SITS TO
           BE ABLE TO IMPORT SOMETHING BACK INTO THE UNITED STATES,

           MANUFACTURED IN THE UNITED STATES, AND HAVING BEEN APPROVED BY
           A PROCESS OF THE F.D.A. TO MAKE SURE THAT IT IS SAFE. NOW, WE
           HAVE DONE A SURVEY IN MY HOME STATE. WECOMPARED THE PRICES OF
           THESE DRUGS. THEY ARE REALLY QUITE EXTRAORDINARY. AND WE GOT A
           LOT OF PEOPLE WHO CANNOT AFFORD THESE DRUGS. THESE ARE OFTEN
           LIFE SAVING DRUGS, LIFE EXTENDING DRUGS. THESE ARE DRUGS WHICH
           REDUCE PAIN, WHICH MAKE IT POSSIBLE FOR PEOPLE TO BE MORE
           MOBILE THAN THEY OTHERWISE WOULD BE. WE LOOKED AT THE SEVEN

           MOST POPULAR OR SEVEN OF ITSELF MOST POPULAR DRUGS BECAUSE
           THREE WE COULD NOT MAKE A COMPARISON BECAUSE THEY WERE OVER THE
           COUNTER IN CANADA OR OTHERWISE UNAVAILABLE TO GET PRICES, BUT
           SEVEN OF THE MOST POPULAR DRUGS. PRIME MINISTER RING. THIS IS
           AN HE IS -- PREMARIN. THIS IS AN ESTROGEN PILL. $?
           IN MICHIGAN, $10 IN ONTARIO. SYNTHYROID THIS REPLACE AS HORMONE

           PRODUCED BY THE THYROID GLAND. COSTS OVER $13 IN MICHIGAN,
           UNDER $8 IN ONTARIO. WE COULD GO THROUGH THE NEXT FIVE DRUGS IN
           THIS LIST AND I HAVE DONE THIS ALREADY IN THE RECORD IN A
           PREVIOUS REMARKS THAT I MADE ON THE SENATE FLOOR, BUT WE CANNOT
           AFFORD TO BE SUBSIDIZING THE CONSUMERS IN OTHER COUNTRIES. AND
           WE OUGHT TO USE THIS FREE MARKET THAT WE ARE ALSO PROUD TO
           ALLOW THE IMPORT OF SOMETHING WHICH IS, BY THE WAY MANUFACTURED
           IN THE UNITED STATES AND BY THE WAY IN SOME CASES HAD

           PREVIOUSLY RECEIVED FINANCIAL SUPPORT FROM THE TAXPAYERS OF THE
           UNITED STATES THROUGH EITHER THE TAX CODE ON RESEARCH AND
           DEVELOPMENT OR IN SOME CASES DIRECT GRANTS FROM THE NATIONAL
           INSTITUTES OF HEALTH TO THE SCIENTISTS WHO DEVELOP THESE DRUGS.
           THIS IS REALLY AN INTOLERABLE SITUATION WHEN WE HAVE PEOPLE IN
           OUR STATES CAN'T AFFORD THESE DRIT CLIO OWE CRITICALLY
           IMPORTANT DRUGS SIMPLY PROHIBITED FROM HAVING A WHOLESALER OR

           PHARMACIST IMPORT THAT DRUG FROM ANOTHER COUNTRY. AND SINCE THE
           AMENDMENT PROVIDES FOR SAFETY THROUGH A PROCESS WHICH HAS TO BE
           APPROVED BY THE F.D.A., IT SEEMS TO ME THIS IS A SENSIBLE THING
           TO DO AND I THANK THE CHAIR.
           

           THE PRESIDING OFFICER: WHO YIELDS TIME?

           MR. JEFFORDS: MR. PRESIDENT?
           I YIELD TO THE SENATOR FROM NORTH DAKOTA FIVE MINUTES.
           

           THE PRESIDING OFFICER: THE SENATOR FROM NORTH DAKOTA.
           

           MR. DORGAN: MR. PRESIDENT, THERE IS NOTHING WORSE THAN LOSING
           AN ARGUMENT YOU ARE NOT HAVING. THAT'S WHAT HAPPENED HERE
           TODAY. WE HAD FOUR OR FIVE OPPONENTS COME OUT AND TALK ABOUT
           THIS LEGISLATION AND THEY HAD AN ARGUMENT ABOUT A BILL THAT
           DOESN'T EXIST, SO THEY WIN. WHAT'S THEIR ARGUMENT?
           LISTEN CAREFULLY AND YOU WILL HEAR THE SCARE SUGGESTING THAT
           SOMEHOW IN AN OLD GARAGE WITH A DIRT FLOOR AND A DUSTY STREET
           SOMEWHERE IN THE BACKSIDE OF JACK MELHEDI SOMEONE WILL MAKE A
           COUNTERFEIT DRUG AND SHIP IT INTO THE UNITED STATES. WE

           SHOULDN'T DO THAT, THEY SAME. I AGREE WITH THAT. IT HAS NOTHING
           TO DO WITH THIS LEGISLATION. THEY ARE WINNING AN ARGUMENT WE
           ARE NOT HAVING. THIS LEGISLATION ESTABLISHES VERY STRICT
           CONTROLS AND TALKS ONLY ABOUT DRUGS THAT ARE PRODUCED IN
           PLANTS, MANUFACTURING PLANT APPROVED BY THE F.D.A. ONLY DRUGS
           PRODUCED IN MANUFACTURING PLANTS APPROVED BY THE F.D.A. STRICT
           F.D.A. OVERSIGHT. PROOF OF F.D.A. APPROVAL ON ALL IMPORTED
           MEDICINES. ONLY LICENSED FARM SITS AND WHOLE SEEMERS CAN IMPORT

           THE MEDICINE FOR RESALE. LAB TESTING TO SCREEN OUT COUNTER
           FITS. THAT'S WHAT THIS IS ABOUT. RISK?
           THIS ISN'T ABOUT RISK. ONE OF OUR COLLEAGUES SAID WELL YOU
           KNOW, WHAT WE NEED IS NOT IF WE NEED MORE INSURANCE COVERAGE.
           MORE INSURANCE COVERAGE FOR PRESCRIPTION DRUGS. HOW ABOUT LOWER
           PRICES FOR PRESCRIPTION DRUGS?
           I WOULD ASK ALL OF THOSE WHO CAME TO THE FLOOR TO TALK ABOUT
           ALL OF THESE ISSUES THAT AREN'T A PART OF THIS BILL, ABOUT THIS
           MEDICINE. WE HAVE A VERY FAMOUS FOOTBALL COACH ON TELEVISION

           MOST EVERY NIGHT HE HAD A HEART ATTACK ONE OF AMERICA'S BETTER
           COACHERS, SEEMS LIKE A WONDERFUL MAN I HAVE NEVER E. NEVER MET
           HIM HE HAS A HEART ATTACK AND NOW TAKES A DRUG CALMED ZOCOR AND
           HE SAYS IT REDUCES CHOLESTEROL I AM SURE IT DOES A WONDERFUL
           DRUG. SO HERE IS ZOCOR, ADVERTISED ON ALL TELEVISION SETS. SAME
           COMPANY, SAME PILL. BUY IT IN CANADA $1.2 A TABLET. BUY IN THE

           IN U.S., $3.82 PER TAB LET. I WOULD ASK ANY OF THOSE WHO SPOKE
           TODAY IN OPPOSITION TO THIS BILL, HOW DOES ONE JUSTIFY THAT?
           DO YOU SUPPORT IT?
           DO YOU THINK IT IS RIGHT?
           DO YOU WANT TO TELL THE AMERICAN CONSUMER IT IS A GLOBAL
           ECONOMY EXCEPT FOR THEM?
           IT DOESN'T WORK FOR THEM?
           IT'S NOT GLOBAL FOR YOU. ALL OF THE COME POUND AND CHEMICALS
           USED IN THIS PILL CAN BE ACCESSED BY THE COMPANIES THAT PRODUCE
           IT, THAT'S FINE, BUT THE GLOBAL ECONOMY ECONOMY ISN'T FOR YOU
           CONSUMERS. WE CAN PRICE IT ANYWHERE WEAPON WANT ANYWAY WE WANT

           AND THE AMERICAN CONSUMER HAS NO BUSINESS ACCESS BEING IT AT A
           LOWER PRICE OUTSIDE THE UNITED STATES. I WOULD ASK THOSE WHO
           OPPOSE, DO YOU SUPPORT THIS PRICING STRATEGY?
           $1.82 CENTS FOR THE PERSON LIVING IN WINNIPEG, CANADA AND $3.80
           FOR THE U.S. CONSUMER. HOW DOES ONE JUSTIFY THAT?
           THE SENATOR FROM VERMONT OFFERS A VERY MUCH SIMPLE PIECE OF
           LEGISLATION. THE AMENDMENT ALLOWS FOR THE IMPORT ONLY --

           IMPORTATION OF PRODUCTS ONLY FOR SALE IN THE UNITED STATES BY
           THE F.D.A. AND MANUFACTURED IN F.D.A. APPROVED PLANTS. AT A
           HEARING BEFORE HIS COMMITTEE, CHAIRMAN OF THE COMMITTEE, DR.
           CHRISTOPHER ROADS PROFESSOR OF APPLIED PHARMACY AND SCIENCES
           TEN UNIVERSITY OF RHODE ISLAND, 30 YEARS OF EXPERIENCE, HERE IS
           
           WHAT HE SAID: "IT IS MY CONSIDERED PROFESSIONAL OPINION THE
           PROCESS OF USING REIMPORTED PRESCRIPTION DRUGS IN THE UNITED
           STATES NEED NOT PLACE THE AMERICAN PUBLIC AT ANY INCREASED RIB

           OF I EFFECTIVE OR DAY RUSS PRODUCTS. SIMPLE. I UNDERSTAND WHAT
           IS AT WORK HERE. WE HAVE THE PHARMACEUTICAL INDUSTRY THAT WANTS
           TO PROTECT WHAT THEY HAVE. THEY HAVE GOT A PRETTY GOOD DEEM.
           THEY CAN PRICE AT WHATEVER PRICE THEY LIKE. THEIR PRODUCTS IN
           THIS COUNTRY. I LIKE THE PHARMACEUTICAL INDUSTRY. I WISH THEM
           WELL. I WANT THEM TO BE PROFITABLE. BUT THIS ISN'T ABOUT THEIR
           PROFITS. IT IS ABOUT PRICES FOR CONSUMERS THAT ARE FAIR PRICES
           FOR CONSUMERS. WE HEARD A COLLEAGUE SAY YOU KNOW, IF WE DON'T
           PRICE PRODUCTS LIKE THIS IN THE U.S. THERE WON'T BE ANY
           RESEARCH AND DEVELOPMENT FOR NEWSPAPER DRUPGSMENT OH, REALLY?

           EVERY EUROPEAN COUNTRY FINDS LOWER PRICES FOR THE SAME DRUG AND
           YET THERE IS MORE RESEARCH AND DEVELOPMENT ON PRESCRIPTION
           DRUGS IN EUROPE THAN IN THE UNITED STATES. EXPLAIN THAT. NO,
           THIS IS A GOOD PIECE OF LEGISLATION AND I HOPE MY COLLEAGUES
           WILL SEEP IT FOR WHAT IT IS. IT DOESN'T POSE A RISK.
           

           THE PRESIDING OFFICER: THE SENATOR'S TIME EXPIRED.
           

           MR. DORGAN: YOU HAVE RIGHTS AS WELL. MR. COCHRAN: MR. PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM MISSISSIPPI.
           

           MR. COCHRAN: I YIELD THE BALANCE OF TIME ON OUR SIDE TO THE
           DISTINGUISHED SENATOR FROM NORTH CAROLINA, SENATOR HELMS.
           

           THE PRESIDING OFFICER: THE SENATOR HAS ONE MINUTE.
           

           MR. HELMS: MR. PRESIDENT, CAN I HAVE AT LEAST THREE MINUTES?
           I ASK UNANIMOUS CONSENT.
           

           THE PRESIDING OFFICER: YOUR ASK REQUEST, WITHOUT OBJECTION THE
           SENATOR HAS THREE MINUTES.
           

           MR. HELMS: I FURTHER ASK IT BE IN ORDER FOR ME TO DELIVER MY
           REMARKS FROM MY SEAT AT MY DEFENSE.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION. THE SENATOR MAY
           DELIVER HIS REMARKS IN THAT FASHION.
           

           MR. HELMS: MR. PRESIDENT, I DON'T QUESTION OF SINCERITY OF THE
           PEOPLE WHO ARE ADVOCATING THIS AMENDMENT. THIS PROPOSAL TO
           REPEAL THE LAW PROHIBITING THE WHOLE SEEM REIMPORT FACIAL OF
           POTENTIALLY UNSAFE DRUGS FROM CANADA AND MEXICO. THEY MAY SCOFF
           AT THE OPPOSITION, BUT ONE DAY I PREDICT THEY ARE GOING TO
           REGRET THEIR SUPPORT OF THIS PROPOSAL. AND I AM GOING TO TELL
           UP WHY. IT IS FATALLY FLAWED AND I PREDICT THAT SENATORS WHO

           VOTE IN FAVOR OF THIS PROPOSITION WILL REGRET SINCERELY THEY
           DID IT SOMEWHERE DOWN THE LINE. SAFETY OF DRUGS AND PHARMACIES
           AND HOSPITALS IS NEVER DOUBTED TODAY BY MOST AMERICANS AND
           THAT'S BECAUSE THEY UNDERSTAND THAT NO DRUG CAN NOW BE SOLD IN
           MESH WITHOUT ENORMOUS INVESTMENT IN RE-- IN AMERICA WITHOUT EE
           NER MUST INVESTMENT IN RESEARCH. RIGOROUS TESTING BY THE F.D.A.
           AND THEN DISTRIBUTED THROUGH A SUPPLY SYSTEM THAT ENSURES DRUGS
           MUST PASS THROUGH A RELIABLE AND VERIFIABLE CHAIN OF CUSTODY.

           NO COUNTRY IN THE WORLD DOES AS MUCH TO ENSURE THE SAFETY AND
           EFFICACY OF DRUGS USED BY ITS CITIZENS. NOW WHERE DO I FIND
           SUPPORT?
           F.D.A. COMMISSIONER DR. JANE HAND I RECENTLY WARNED THAT THE
           UNITED STATES DEMAND FOR CANADIAN DRUGS COULD CAUSE CANADA, AND
           I QUOTE HER, "TO BE USED AS A FRONT NOR COUNTERFEIT OR
           CONTAMINATED PRODUCTS BECOMING AVAILABLE." SENATORS ON THIS
           FLOOR SAID IT COULD NOT HAPPEN. IT WILL HAPPEN. I PREDICT IT

           WILL. SHE WENT ON TO EMPHASIZE AND I QUOTE HER, "ONE HAS TO BE
           CONCERNED ABOUT SAFETY HERE." SIMILARLY THE DEAN OF THE YEAL
           MEDICAL SCHOOL, DR. DAVID KESSLER WARNED SOME MONTHS BACK AND I
           AM QUOTING HIM, "WITH THE RISE OF INTERNET PHARMACIES, THE
           OPPORTUNITIES FOR ILLICIT DISTRIBUTION OF ADULTERATED AND
           COUNTERFEIT PRODUCTS HAVE GROWN REPEALING THE PROHIBITION ON
           REI AM PORTION TAIGS. DRUGS WOULD REAP MOVE ONE OF THE
           PRINCIPLE STATUTE ATTORNEY TOOLS ARE TOOLS FOR WITH THIS

           GROWING ISSUE. NOW MR. PRESIDENT, THE FACT IS CURRENT LAW HAS
           PROTECTED AMERICAN CONSUMERS FROM THE IMPORTATION OF
           SUBSTANDARD I AM POTENT ADULTERATED CONTAMINATED AND COUNTER
           FIT PHARMACEUTICALS. PROBLEMS THAT HAVE PLAGUED MANY COUNTRIES
           RIGHT NOW. THERE IS NO GOOD REASON TO UNDERMINE THE INTEGRITY
           OF OUR PHARMACEUTICAL SUPPLY SYSTEM AND EXPOSE AMERICAN
           CONSUMERS TO CORRUPT MIDDLEMEN AND COUNTERFEITERS. FOREGOING
           THE BENEFITS OF FREE MARKETS AND INNOVATION FOR THE FALSE

           PROMISE OF CHEAPER PRICE CROMT DRUGS WILL LEAD NOT TO IMPROVED
           HEALTH CARE, BUT RATHER TO A PROLIFERATION OF UNSAFE AND
           COUNTERFEIT DRUGS, A REDUCTION IN INCENTIVES AND INVESTMENT TO
           DEVELOP NEW LIFE SAVING AND LIFE IMPROVING MEDICATION. AND
           ULTIMATELY, IF THIS
{END: 2000/07/19 TIME: 17-00 , Wed.  106TH SENATE, SECOND SESSION}