Congressional Record—Senate S1863

March 29, 2000 CONGRESSIONAL RECORD Ð SENATE S1863 drug store shelves. Last year, the drug is a set of foreign policies that means peril from a civil war whose outcome industry spent $24 billion on research that Americans who by drugs that were could not yet be determined. Many and development. U.S. taxpayers also developed in America pay substantially flags flew over various parts of the invest $18 billion every year in the Na- more for those drugs than the same United States and our existence as a tional Institutes of Health, which pro- manufacturers sellÐthem for in Can- nation was in doubt. President Lincoln vides grants for basic health research. ada or Mexico. I think that is uncon- used the occasion to reflect on a basic Drug companies that are willing to scionable. Those countries are riding feature of American democracy. take on the risk of developing new on our research and development. As Professor James McPherson re- treatments receive tax credits for their The cost issue is one important part cently reminded us, Lincoln observed: research and development costs. of the debate as we talk about modern- ``The world has never had a good defi- Yet when American consumers pick izing the Medicare program to include nition of the word liberty. And the up their prescription at the drugstore a prescription drug benefit. I do think American people just now are much in they pay again for research and devel- that Medicare should be updated and need of one. We all declare for liberty, opment in the form of higher prices. that prescription drugs should be cov- but using the same word we do not Why? Every other developed country ered under the program. Expanding mean the same thing.'' imposes some form of price control. this benefit, however, must be done re- Through the course of this debate, it Those countries pay for the cost of sponsiblyÐit must not jeopardize the has seemed to me that all of us here in manufacturing the drug, which is nor- solvency of the current program and this chamber would champion liberty. mal, and maybe some profit; but they that benefits now available to seniors. If any of us were asked, we would say: don't even come close to paying a fair It is also fairly contentious. Most agree Of course we do. When I listen to the share of the research and development that we should add a drug benefit to debate, I have to conclude that Lin- costs of new drugs developed in the Medicare, however, good people have coln's wish for a definition on which all United States. honest disagreements about the best of us would agree remains very elusive. So when some Americans get sick, way to do it. Addressing cost is some- Ultimately, the debate over this they can't afford the medicine they thing we can do now. amendment turns on the scope we need to stay healthy. Instead they go It is no fair to the American con- think proper to give to speech which without or they ration medicine. If sumer to let other countries get away deeply offends us. For Congress to they are able to travel, Americans with policies that make drug compa- limit expression because of its offen- cross the borders to Canada or Mexico nies sell their products cheaper in their sive content is to strike at the heart of to buy for much less, the prescriptions country because they don't want to pay the First Amendment. Justice Holmes they need to stay healthy. for any of the development costs. It's wrote that the most imperative prin- I was curious to know just how much not right, and I will work actively to ciple of our Constitution was that it my constituents were savings by trav- see that Americans are not over- protects not just freedom for the eling to Canada. My office recently charged. thought and expression we agree with, conducted an informal study com- Mr. President, I suggest the absence but ``freedom for the thought that we paring the prices of the top ten most of a quorum. hate.'' He also wrote, that ``we should commonly prescribed prescription The PRESIDING OFFICER. The be eternally vigilant against attempts drugs in several Washington state re- clerk will call the roll. to check the expression of opinions tail drug stores to the price paid in a The assistant legislative clerk pro- that we loathe.'' typical Canadian pharmacy. I was as- ceeded to call the roll. Justice Robert Jackson made this tounded by the results: on average Mr. LEAHY. Mr. President, I ask point with unsurpassed eloquence in a prices are 64% lower in Canada. unanimous consent that the order for 1943 decision, West Virginia State Here are a few examples: The average the quorum call be rescinded. Board of Education v. Barnette. Unlike cost of 30 pills of Zocor, which used to The PRESIDING OFFICER. Without that small handful of wartime deci- treat high cholesterol, is $76 in our objection, it is so ordered. sions upholding flag burning statutes state, in Canada it costs $38; Premerin, f on which the proponents try to base an estrogen replacement therapy used their claim of an expansive judicial by many women, is $26 in our state and FLAG DESECRATION CONSTITU- TIONAL AMENDMENTÐContinued tradition before the Johnson case, the $10.50 just across the border; and a pop- Supreme Court, even in 1943, during the ular new allergy treatment, Claritin, is Mr. LEAHY. Mr. President, in 1791, difficult days of World War II, recog- just $34 in Canada but almost $80 in the State of Vermont, the State that I nized the fundamental tradition of tol- Washington State. am honored to represent, was admitted erance that makes this country strong. During last week's break, I spent to the Union. Kentucky followed. Con- The Supreme Court in a very difficult time talking with seniors, doctors, hos- gress then saw fit to change the design decision, at the height of world War II pital administrators, and others about of the American flag for a time to in- held that State school boards may not the cost of prescription drugs. All ex- clude 15 stars and 15 stripes, one for compel their teachers and students to pressed their concern about the grow- each State. It was this flag, the one salute the flag. Justice Jackson wrote: recognizing the addition of Vermont to ing amount spent on medicine and the To believe that patriotism will not flourish ability of people to continue to have the Union, that flew over Fort if patriotic ceremonies are voluntary and access to the medication that keeps McHenry in 1814, and inspired Francis spontaneous instead of a compulsory routine them healthy. Scott Key to write the Star Spangled is to make an unflattering estimate of the While this debate has properly fo- Banner. appeal of our institutions to free minds. cused a lot of attention on uninsured Along with Vermonters and many We can have intellectual individualism and seniors and their daily struggle to pay others I find that flag inspirational, as the rich cultural diversities that we owe to for needed medications, the costs of I do the American flag with 48 stars exceptional minds only at the price of occa- under which my family fought in World sional eccentricity and abnormal attitudes. prescription drugs affect every Amer- When they are so harmless to others or to icanÐeven those with health insurance War II. I remember the great pride my the State as those we deal with here, the coverage. Drug spending is a growing wife and I felt seeing the current Amer- price is not too great. But freedom to differ part of our overall health care costs. ican flag with 50 stars being carried in is not limited to things that do not matter The rising cost of prescription drugs is formation at Paris Island when my much. That would be a mere shadow of free- one of the biggest problems facing youngest son became the newest mem- dom. The test of its substance is the right to health plans, hospitals and others in ber of the U.S. Marine Corps. differ as to things that touch the heart of the the health care field. Fifty years after that famous battle existing order. Obviously, American drug companies that inspired our national anthem in If there is any fixed star in our constitu- tional constellation, it is that no official, have to pay for this huge amount of re- Baltimore's harbor, President Abraham high or petty, can prescribe what shall be or- search and development and the years Lincoln visited that city as this coun- thodox in politics, nationalism, religion, or that it takes to get these drugs li- try confronted its greatest test. It was other matters of opinion or force citizens to censed. But, what I am outraged about a time in which this nation faced grave confess by word or act their faith therein. S1864 CONGRESSIONAL RECORD Ð SENATE March 29, 2000 What unifies our country is the vol- I was brought up to believe the first stitution, not the passions of the untary sharing of ideals and commit- amendment is the most important part times. ments. We can do our share toward of our democracy. It allows us to prac- But Vermont's actions are consistent that end by responding to crude insults tice any religion we want or no religion with our strong tradition of independ- with a responsible action that will jus- if we want.

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