H.R. 3391 (119th)Bill Overview

End Price Gouging for Medications Act

Health|Health
Cosponsors
Support
Democratic
Introduced
May 14, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Armed Services, Veterans' Affairs, Oversight and Government Reform, and Natu…

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill directs HHS to set annual reference prices for every prescription drug, using the lowest retail list price among a set of foreign reference countries when possible. Those reference prices cap the retail list price for beneficiaries in specified Federal health programs, and manufacturers must offer drugs to all purchasers at the reference price.

Why people may split

Progressives emphasize access and NIH funding benefits

Watch point

Relative to its intended legislative type, this bill is a substantive policy change with a clear high-level framework: HHS must set annual reference prices using a specified set of reference countries or specified factors, those prices limit retail list prices for a broad set of Federal health program enrollees, manufacturers must offer the reference price to other purchasers, and noncompliance triggers a sizable civil penalty with penalty proceeds directed to NIH.

The bill directs HHS to set annual reference prices for every prescription drug, using the lowest retail list price among a set of foreign reference countries when possible.

Those reference prices cap the retail list price for beneficiaries in specified Federal health programs, and manufacturers must offer drugs to all purchasers at the reference price.

Noncompliant manufacturers face civil penalties equal to five times the excess revenue, with penalties transferred to NIH for drug R&D.

Passage20/100

Sweeping federal price controls with major fiscal and regulatory consequences and clear powerful stakeholder pushback; unlikely without major narrowing or compromise.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a substantive policy change with a clear high-level framework: HHS must set annual reference prices using a specified set of reference countries or specified factors, those prices limit retail list prices for a broad set of Federal health program enrollees, manufacturers must offer the reference price to other purchasers, and noncompliance triggers a sizable civil penalty with penalty proceeds directed to NIH. The bill includes concrete elements (reference-country list, penalty formula, program scope, applicability to branded and generic/biologic approvals).

Contention72/100

Progressives emphasize access and NIH funding benefits

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Federal agenciesFederal agencies · Manufacturers

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Federal agenciesLowers retail prices paid by federal beneficiaries and potentially uninsured and privately insured individuals.
  • Federal agenciesReduces federal program drug spending through statutory price caps tied to reference prices.
  • Potential benefitAligns U.S. list prices with prices in specified peer countries, providing an international benchmark.
Likely burdened
  • Federal agenciesReduces manufacturer revenues and profit margins on drugs sold to federal programs and broadly to individuals.
  • Potential burdenCould discourage pharmaceutical R&D investment or shift research locations and priorities away from high-cost therapies.
  • ManufacturersMay incentivize manufacturers to limit U.S. product launches or withdraw drugs from the U.S. market.
03 · Why people split

Why the argument around this bill splits.

Progressives emphasize access and NIH funding benefits
Progressive90%

Likely supportive; sees the bill as a strong federal tool to curb excessive drug prices and expand access.

Views penalty-to-NIH funding as a public-good reinvestment into R&D.

May want additional safeguards for low-income patients and coverage gaps.

Leans supportive
Centrist60%

Cautiously receptive: appreciates aims to reduce costs, but worries about implementation, legal exposure, and unintended supply or innovation effects.

Would favor phased rollout, clear appeals, and empirical monitoring.

Wants balanced cost controls without destabilizing drug markets.

Split reaction
Conservative10%

Likely opposed: views the bill as federal price control and government overreach that threatens innovation and market incentives.

Sees extraterritorial benchmarking to foreign prices as inappropriate.

Concerned about punitive enforcement and negative economic effects.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood20/100

Sweeping federal price controls with major fiscal and regulatory consequences and clear powerful stakeholder pushback; unlikely without major narrowing or compromise.

Scope and complexity
86%
Scopesweeping
52%
Complexitymedium
Why this could stall
  • No official cost estimate or fiscal analysis included
  • Availability and comparability of foreign price data for many drugs
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressives emphasize access and NIH funding benefits

Sweeping federal price controls with major fiscal and regulatory consequences and clear powerful stakeholder pushback; unlikely without maj…

Unlocked analysis

Relative to its intended legislative type, this bill is a substantive policy change with a clear high-level framework: HHS must set annual reference prices using a specified set of reference countries or specified facto…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis