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Regulate the Price of All Drugs Act

USA119th CongressHR-9040| House 
| Updated: 5/26/2026
Brad Sherman

Brad Sherman

Democratic Representative

California

Financial Services Committee, Judiciary Committee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill, titled the "Regulate the Price of All Drugs Act," aims to establish fair prices for prescription drugs in the United States. It creates the Prescription Drug Price Regulatory Commission , composed of 13 members, to recommend fair prices for all approved prescription drugs to the Secretary of Health and Human Services (HHS). The Secretary of HHS is responsible for establishing and publishing these fair prices annually, ensuring manufacturers provide access to these prices for eligible individuals, pharmacies, hospitals, and other providers. In determining a fair price, the Commission and Secretary must consider factors such as manufacturing and distribution costs, drug cost-effectiveness, anticipated demand, research and development costs, and average prices in comparable reference countries like Canada, France, Germany, Italy, Japan, and the United Kingdom. The bill also allows for revisions to fair prices and temporary waivers under specific circumstances. Manufacturers who fail to provide drugs at or below the established fair price face significant civil penalties, specifically 10 times the difference between the actual price and the fair price for each unit sold. The bill amends the Federal Food, Drug, and Cosmetic Act to prohibit selling drugs above the fair price, with enforcement powers granted to the Federal Trade Commission . States are also empowered to bring civil actions, and individuals injured by violations have a private right of action to seek damages and injunctions. Furthermore, the legislation introduces "march-in rights," allowing the Secretary of HHS to claim nonexclusive, partially exclusive, or exclusive licenses for drug patents if a manufacturer sells a drug above the fair price or fails to meet patient demand. The President is authorized to use the Defense Production Act to increase domestic supply of a drug if the Commission determines there are inadequate production facilities or unreliable foreign supplies. The bill defines "approved prescription drug" broadly to include various drugs, biological products, insulin, and vaccines.
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Timeline
May 26, 2026
Introduced in House
May 26, 2026
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Financial Services, 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.
  • May 26, 2026
    Introduced in House


  • May 26, 2026
    Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Financial Services, 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.

Health

Regulate the Price of All Drugs Act

USA119th CongressHR-9040| House 
| Updated: 5/26/2026
This bill, titled the "Regulate the Price of All Drugs Act," aims to establish fair prices for prescription drugs in the United States. It creates the Prescription Drug Price Regulatory Commission , composed of 13 members, to recommend fair prices for all approved prescription drugs to the Secretary of Health and Human Services (HHS). The Secretary of HHS is responsible for establishing and publishing these fair prices annually, ensuring manufacturers provide access to these prices for eligible individuals, pharmacies, hospitals, and other providers. In determining a fair price, the Commission and Secretary must consider factors such as manufacturing and distribution costs, drug cost-effectiveness, anticipated demand, research and development costs, and average prices in comparable reference countries like Canada, France, Germany, Italy, Japan, and the United Kingdom. The bill also allows for revisions to fair prices and temporary waivers under specific circumstances. Manufacturers who fail to provide drugs at or below the established fair price face significant civil penalties, specifically 10 times the difference between the actual price and the fair price for each unit sold. The bill amends the Federal Food, Drug, and Cosmetic Act to prohibit selling drugs above the fair price, with enforcement powers granted to the Federal Trade Commission . States are also empowered to bring civil actions, and individuals injured by violations have a private right of action to seek damages and injunctions. Furthermore, the legislation introduces "march-in rights," allowing the Secretary of HHS to claim nonexclusive, partially exclusive, or exclusive licenses for drug patents if a manufacturer sells a drug above the fair price or fails to meet patient demand. The President is authorized to use the Defense Production Act to increase domestic supply of a drug if the Commission determines there are inadequate production facilities or unreliable foreign supplies. The bill defines "approved prescription drug" broadly to include various drugs, biological products, insulin, and vaccines.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
May 26, 2026
Introduced in House
May 26, 2026
Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Financial Services, 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.
  • May 26, 2026
    Introduced in House


  • May 26, 2026
    Referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Financial Services, 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.
Brad Sherman

Brad Sherman

Democratic Representative

California

Financial Services Committee, Judiciary Committee, Energy and Commerce Committee

Health

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted