Panel: Agencies lack control over illegal prescription drug imports

Federal agencies have yet to gain control over how to address the illegal importation of prescription drugs, lawmakers and a government watchdog group said Tuesday at a House Energy and Commerce Subcommittee hearing.

"Most of us are critical of federal agencies and their inability to get control of this issue," said Oversight and Investigations Subcommittee Chairman Edward Whitfield, R-Ky. More than 11,000 parcels containing illegal shipments of controlled drugs are imported daily through New York City's John F. Kennedy airport, he said.

Still, Whitfield said it is important to note the accomplishments of the federal agencies in charge of monitoring and inspecting shipments, including the Food and Drug Administration, Customs and Border Protection and the Drug Enforcement Administration. Each has implemented new policies aimed at solving the problem of the illegal importation of illegal controlled substances.

But law enforcement efforts have been challenged by the proliferation of Internet pharmacies even though federal law enforcement and regulatory agencies have convened task forces to address the issue since 1999, said Richard Stana of the Government Accountability Office. He said a new study found agency efforts lack coordination and proper resources to address the issue.

The GAO study identified three factors that complicated agency efforts to thwart illegal importation of drugs, Stana said. First, the volume of such imports has strained federal resources at mail and customs facilities.

Additionally, Internet pharmacies that operate outside of the United States operate out of FDA jurisdiction and therefore evade federal law enforcement actions. Lastly, he said an FDA policy that allows recipients of unapproved imports to provide proof of admissibility has further strained its resources.

The study also found that neither the FDA nor the CBP "systematically collects data on the volume of these imports," Stana said.

"Unfortunately ... nobody is really in charge," said ranking member Bart Stupak, D-Mich. "I do not believe we are closer to solving this problem now that we were nearly a decade ago," when Stupak introduced his first bill addressing Internet pharmacies.

Stupak called on Congress to hold each agency accountable for their policies, and for the administration to communicate which policies are working and those that are failing. He also questioned what role credit card companies, Internet service providers and independent shippers ought to play in law enforcement activities.

"We at least need to come up with new ideas how to approach the problem," he said.

The GAO recommended that each agency to develop a strategic framework for developing interagency coordination, as well as identify the scope of the problem and the resources that are necessary to confront it. Furthermore, the office suggested the task forces set milestones and performance measures.

Rep. Charles Norwood, R-Ga., who sits on the Energy and Commerce Committee, said at the hearing that he soon will propose a bill that focuses on rogue Internet pharmacies that do not require a doctor's prescription to purchase controlled drugs.

Studies estimate that some 90 percent of Internet pharmacies do not require a prescription.