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H.R. 4899 (108th): Sustainable Drug Pricing Act


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jul 22, 2004.


Sustainable Drug Pricing Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to enter into agreements with the manufacturers of brand name prescription drugs for four-year terms to establish a maximum wholesale price for such drugs. Defines brand name prescription drugs as FDA-approved prescription drugs with market exclusivity. Requires such agreements to specify a liquidated penalty that is sufficient to deter violations for failure to maintain substantial compliance. Allows the Secretary to notify the Secretary of the Treasury that there is no longer an effective agreement in place if such a penalty is not paid. Requires the Secretary to monitor prices to ensure compliance. Allows the Secretary to require manufacturers entering into such agreements to cooperate with such monitoring and to allow the Secretary access to relevant financial records.

Requires the Secretary to establish the Advisory Panel on Drug-Price Negotiations to advise the Secretary on establishing prices. Requires the Panel to provide the Secretary with recommended drug prices for 25 drugs that the Panel considers important to the public health and for an additional 25 drugs that are the most commonly prescribed drugs in the United States.

Amends the Internal Revenue Code of 1986 to disallow: (1) a deduction for advertising, promotion, or marketing of brand name prescription drugs without a qualified pricing agreement in effect for the entire taxable year; and (2) a foreign tax credit for such drugs manufactured by the taxpayer without a qualified pricing agreement in effect for the entire taxable year.