Executive Calendar

Floor Speech

Date: Nov. 13, 2019
Location: Washington, DC

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Mr. DURBIN. Mr. President, let me start by saying I support this bill, the bill offered by Senators Cornyn and Blumenthal. It is bipartisan in nature and passed the Judiciary Committee. I not only voted for it, I cosponsored it, and I think it should become the law of the land. It will be helpful in reducing the cost of pharmaceuticals.

I am offering a modification to the bill. I believe this modification is one that should be passed by the Senate as well. In fact, it did pass the Senate last year by a voice vote. Not a single Senator objected when it passed the Senate last year. We know--I have been told by my colleagues--that they support the concept, but they are not alone. The bill I am offering is also supported by the American Medical Association; the American Hospital Association; 88 percent of the American people, Republicans and Democrats; President Trump; his health Secretary, Dr. Azar; the AARP--a long list.

What could I possibly propose that would have all of these people supporting it? Simple. When the drug companies decide to run an ad on television--and you see a lot of them, don't you? The average American sees nine every day. All we ask is that included in the ad, they disclose the cost of the drug.

How did I pick this as the cost for the drug? I didn't pick it; it was chosen by the pharmaceutical company. That is the list price of the drug. They can go on to say ``You will not have to pay that amount,'' but I believe the American people should know what the drugs cost.

The most heavily advertised drug in America today is HUMIRA. HUMIRA is used for forms of arthritis and psoriasis. But few Americans know, as they watch people sitting by the swimming pool with clear skin, that HUMIRA costs $5,500 per month. The reason I want to disclose this is because I think consumers have the right to know.

Someone is going to pay that amount--your insurance company. Somebody is going to pay that amount. When Blue Cross and Blue Shield of Illinois says that the No. 1 driver in health insurance premiums is high prescription drug prices, I think people ought to know. It is not just a matter of being in a bathing suit without a red patch on your elbow; it is $5,500 per month.

President Trump believes that disclosure should be made, the Secretary of Health and Human Services believes it, the American Medical Association, the Hospital Association, all the people I mentioned, as well as almost 90 percent of Democrats and Republicans. Who opposes this? Who would oppose disclosing the price of the drug? I will bet you are guessing the pharmaceutical industry, and you are right. They are looking for one Senator who will object to what I am offering. That is what they need. They need just one Senator to say no, and frankly I am afraid we are going to face that this afternoon.

The bottom line is this: If you believe consumers in America have a right to know the cost of a drug, if you believe the pharmaceutical companies have a responsibility to disclose it, if you believe high prescription drug prices are unfair and costing a lot more in our healthcare system than they should, then support this basic measure that passed the Senate last year without one negative voice. None. None whatsoever.

So having reserved the right to object, I ask that the Senator modify his request so that in addition to the pending request, the Finance Committee be discharged from further consideration of S. 1437 and the Senate proceed to its immediate consideration; that the Durbin-Grassley amendment at the desk be agreed to; that the bill, as amended, be considered read a third time and passed; that the Durbin-Grassley amendment to the title be agreed to; and that the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

I am not a zoologist, so I don't know if crocodiles can cry, but I am very concerned about the argument the Senator from Pennsylvania made. He is actually standing here, in defense of senior citizens, by objecting to disclosing the list price that the pharmaceutical companies charge for these drugs. I didn't choose that price; they chose that price.

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Mr. DURBIN. I will not yield until I am finished.

I said they could put a disclaimer on that saying maybe you will not pay the full list price depending on your insurance or coverage, but to argue that you are standing here in defense of senior citizens and denying this information to them and that the only way we can consider this measure is call up the Department of Defense appropriations bill-- from where I am standing, this measure, which passed the Senate without your objection last year, should pass now with the underlying legislation. Let's get this done in a comprehensive way to help seniors, and let's not stand in defense of pharmaceutical companies. They have plenty of people to defend them.
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