I 
109TH CONGRESS 
2D SESSION 
H. R. 4850 
To provide for prices of pharmaceutical products that are fair to the producer 
and the consumer, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2006 
Mr. OWENS introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on the Judi-
ciary, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To provide for prices of pharmaceutical products that are 
fair to the producer and the consumer, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pharmaceutical Prod-
ucts Price Equity Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) Modern life enhancing and life sustaining 
drugs are the products of decades of scientific re-
search and practice. 
(2) The refining and production of products by 
American pharmaceutical enterprises must be appro-
priately compensated. 
(3) The pricing of American pharmaceutical 
products varies greatly from country to country with 
the corporate owners of such products voluntarily 
assuming no losses by always selling their products 
above the cost of production. 
(4) Considering the vital life and death nature 
of pharmaceutical products, it is appropriate that 
the United States Government, in harmony with 
other nations belonging to the World Trade Organi-
zation, should engage in the reasonable regulation of 
the prices of pharmaceutical products. 
SEC. 3. REASONABLE LIMITS ON PROFITS OF PHARMA-
CEUTICAL PRODUCTS. 
(a) PRESIDENTIAL
AUTHORITY.—The President 
shall issue such orders and regulations, and establish such 
procedures and reporting requirements, as the President 
determines to be appropriate to ensure that no pharma-
ceutical product (as defined by the President in such regu-
lation or order) is sold to any consumer in the United 
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States at a price that is more than 6 percent above the 
average retail price at which such pharmaceutical product 
is sold in the 5 most industrialized, free-market countries, 
other than the United States, as determined by the Presi-
dent. 
(b) DELEGATION.—The President may delegate the 
performance of any function under this section to any offi-
cer of any Federal department or agency who has been 
appointed by the President, by and with the consent of 
the Senate. 
(c) CONFIDENTIALITY OF INFORMATION.—All infor-
mation reported to or otherwise obtained by any person 
exercising any authority under this section which contains 
or relates to a trade secret or other matter referred to 
in section 1905 of title 18, United States Code, shall be 
considered confidential for purposes of that section, except 
that such information may be disclosed to any other offi-
cer or employee of the United States involved in carrying 
out this section solely for the purpose of carrying out, and 
enforcing compliance with, this section. 
(d) SUBPOENA POWER AND PRODUCTION OF DOCU-
MENTS.— 
(1) IN GENERAL.—The officer of any agency or 
department to whom the President has delegated 
any authority under this section, may— 
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(A) examine any books, papers, records, or 
other data of any person which is relevant to 
the enforcement of this section or to any rec-
ordkeeping or reporting requirement prescribed 
for the purpose of carrying out this section; and 
(B) summon any person, an officer or em-
ployee of any person (including a former officer 
or employee), or any person having possession, 
custody, or care of the reports and records re-
quired to be made or maintained pursuant to 
this section, to appear at a time and place 
named in the summons and to produce such 
books, papers, records, or other data, and to 
give testimony, under oath, as may be relevant 
or material to an investigation or procedure 
under this section. 
(2) ADMINISTRATIVE ASPECTS OF SUMMONS.— 
(A) PRODUCTION AT DESIGNATED SITE.— 
A summons issued pursuant to this section may 
require that books, papers, records, or other 
data stored or maintained at any place be pro-
duced at any designated location in any State 
or in any territory or other place subject to the 
jurisdiction of the United States not more than 
500 miles distant from any place where the per-
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son summoned operates or conducts business in 
the United States. 
(B) FEES AND TRAVEL EXPENSES.—Per-
sons summoned under this section shall be paid 
the same fees and mileage for travel in the 
United States that are paid witnesses in the 
courts of the United States. 
(C) NO LIABILITY FOR EXPENSES.—The 
United States shall not be liable for any ex-
pense, other than an expense described in sub-
paragraph (B), incurred in connection with the 
production of books, papers, records, or other 
data under this section. 
(3) SERVICE OF SUMMONS.—Service of a sum-
mons issued under this section may be by registered 
mail or in such other manner calculated to give ac-
tual notice as the officer delegated by the President 
may prescribe by regulation. 
(4) CONTUMACY OR REFUSAL.— 
(A) REFERRAL TO ATTORNEY GENERAL.— 
In case of contumacy by a person issued a sum-
mons under this subsection or a refusal by such 
person to obey such summons, the officer 
issuing the summons shall refer the matter to 
the Attorney General. 
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