Drug Pricing Initiatives: On Aug. 24, 2021, the House of Representatives approved a $3.5 trillion budget framework, S. Cons. Res. 14, while also voting to advance the $1 trillion infrastructure bill. The deadline for the House to pass the infrastructure bill is Sept. 27, 2021. The Senate adopted a version of the infrastructure bill earlier this month, H.R. 3684 (the Investing in a New Vision for the Environment and Surface Transportation in America Act, or the INVEST in America Act). For more on the INVEST in America Act, see the August 16 issue of this digest.

In this context, House Democrats continue to discuss H.R. 3 (the Elijah E. Cummings Lower Drug Costs Now Act), which, among other things, would empower the Department of Health and Human Services (HHS) to negotiate drug prices directly with manufacturers, subject to a cap based on international reference pricing. The budget reconciliation process allows passage in both chambers by a simple majority, providing an opportunity for the Democratic majority to advance President Biden’s policy initiatives, including with respect to drug pricing.