,i #aaith ,,congress #ast ,session ,h4 ,r4 #ccge ,,in ,,the ,,house ,,of ,,representatives ,may #ac1 #bjbe,mr4 ,van ,drew introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require that the retail list price for certain prescription drugs and biological products may not exceed the average retail list price for the drug or biological product among certain nations4 #a4 ,short title ,this ,act may be cited as the ,fair ,prescription ,drug ,prices for ,americans ,act4 #b4 ,international reference pricing for prescription drugs and biological products 7a7 ,definitions ,in this section3 7#a7 ,biological product ,the term biological product means a biological product licensed under subsection 7a7 or 7k7 of section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb74 7#b7 ,drug ,the term drug means a drug approved under subsection 7c7 or 7j7 of section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7b7 ,cap on retail list price of prescription drugs and biological products ,the retail list price in the ,united ,states for a drug or a biological product may not exceed the average retail list price for the drug or biological product among ,canada1 ,france1 ,germany1 ,italy1 ,japan1 and the ,united ,kingdom1 as calculated under subsection 7c74 7c7 ,calculation of average retail list price ,the ,secretary shall calculate on an annual basis the average retail list price for each drug and biological product sold in ,canada1 ,france1 ,germany1 ,italy1 ,japan1 and the ,united ,kingdom1 through a combination of data reported by manufacturers of drugs and biological products under subsection 7e7 and data obtained through review of publicly filed materials by manufacturers of drugs and biological products in such countries4 7d7 ,civil monetary penalty 7#a7 ,in general ,any manufacturer that violates subsection 7b7 with respect to a drug or biological product shall be subject to a civil monetary penalty imposed by the ,secretary in amount equal to the product obtained by multiplying-- 7,a7 the difference between-- 7i7 the list price for the drug or biological product sold in the ,united ,states2 and 7ii7 the average retail list price for the drug or biological product sold in ,canada1 ,france1 ,germany1 ,italy1 ,japan1 and the ,united ,kingdom1 as calculated under subsection 7c72 and 7,b7 #aj4 7#b7 ,requirement ,the amount of a civil monetary penalty under paragraph 7#a7 shall be calculated and charged for each unit of drug or biological product sold4 7e7 ,data collection ,each manufacturer of a drug or biological product shall submit to the ,secretary on an annual basis-- 7#a7 the list price for the drug or biological product sold in the ,united ,states2 and 7#b7 the list price for the drug or biological product sold in each of ,canada1 ,france1 ,germany1 ,italy1 ,japan1 and the ,united ,kingdom4 7f7 ,guidance and regulations ,the ,secretary shall issue guidance and promulgate regulations to implement this section4