Senators Warren, King, and Representative Doggett Urge Commerce, HHS to Strengthen and Finalize Guidance on “March-In” Rights to Protect Consumers From High Drug Prices

Letter

In recent weeks, Republican members of Congress have sought to radically and incorrectly broaden the scope of the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo to deter you from acting to protect consumers from high drug prices. But Loper Bright does not alter the plain terms of the Act, which clearly empower agencies with ‘march-in’ rights under Section 203 of the Bayh-Dole Act.

Congress has explicitly and unambiguously delegated authority to your agencies to ensure that federal inventions, including pharmaceuticals and other medical products, developed using federal funds are ‘available to the public on reasonable terms.’ We urge you not to be deterred by congressional Republicans who are seeking to hamstring your authority to lower drug costs for Americans and we are reiterating the need for your agencies to immediately strengthen and finalize the proposed guidance issued under this statute so that Americans may receive the benefits that Congress intended.

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