[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1589 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1589

   To provide for transparency of funds appropriated for purposes of 
      implementing part E of title XI of the Social Security Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2023

Mr. Tillis (for himself, Mr. McConnell, Mr. Crapo, Mr. Daines, and Mrs. 
  Blackburn) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To provide for transparency of funds appropriated for purposes of 
      implementing part E of title XI of the Social Security Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguarding Patients and Taxpayers 
Act''.

SEC. 2. OVERSIGHT OF USE OF IMPLEMENTATION FUNDING FOR DRUG PRICE 
              NEGOTIATION PROGRAM.

    Part E of title XI of the Social Security Act (42 U.S.C. 1320f) is 
amended by adding at the end the following new section:

``SEC. 1199. REPORTS ON USE OF IMPLEMENTATION FUNDING.

    ``(a) Reports.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section and not less frequently than 
        annually thereafter for as long as funding is available under 
        section 11004 of Public Law 117-169, the Secretary shall submit 
        to the Committees on Energy and Commerce, Ways and Means, and 
        Appropriations of the House of Representatives and the 
        Committees on Finance and Appropriations of the Senate a 
        comprehensive report on the amounts expended, the use of such 
        funds, and the projected and actual unused funds, from amounts 
        appropriated under such section 11004 during the preceding 
        year. Each report under this subsection shall include--
                    ``(A) any relevant information with respect to 
                contracting relationships and entities, including 
                associated contracts, criteria for selection of 
                contracts, and procedures for monitoring the use of 
                funds and compliance with program requirements by 
                contractors and subcontractors;
                    ``(B) a description of efforts the Secretary has 
                undertaken to prevent fraud, waste, and abuse related 
                to accessing maximum fair prices, including any 
                violations involving entities or individuals not 
                eligible to have access to the maximum fair price for a 
                selected drug, violations related to dispensing or 
                administering a selected drug to an individual who is 
                not a maximum fair price eligible individual, and 
                violations of duplicate discounts such as the 
                nonduplication provisions under section 1193(d);
                    ``(C) the identification of any entity the 
                Secretary is contracting with to implement the program, 
                the extent to which contractors conduct health 
                technology assessments, the types of clinical and 
                economic outcomes and standards used in such 
                assessments, and the use of such assessments by the 
                Secretary;
                    ``(D) a description of the average amount of funds, 
                full-time equivalent employees, and contractor staffing 
                and support expended under the program for negotiation 
                of the final maximum fair price established for a 
                selected drug, including a breakdown of expenditures 
                dedicated to employees as well as to contractors, and 
                how those expenditures are apportioned across various 
                activities;
                    ``(E) the amount expended on development and 
                maintenance of a data confidentiality policy for 
                proprietary data as required under section 1193(c);
                    ``(F) the amount expended on conducting research 
                and analysis or evaluating data and research from 
                external sources, including external stakeholders;
                    ``(G) the amount expended to establish and maintain 
                safeguards to prevent fraud, waste, and abuse in the 
                program as described in paragraph (B); and
                    ``(H) the amount of staff time and funds expended 
                under the program on resolving disputes with 
                manufacturers or other stakeholders over the accuracy 
                of data used by the Secretary and how such data is 
                interpreted by the Secretary.
            ``(2) Limitation.--The Secretary shall ensure that reports 
        under paragraph (1) do not disclose trade secrets or other 
        proprietary information.
    ``(b) Limitation on Use of Funding.--Except as otherwise provided 
in this part, none of the funds provided under section 11004 of Public 
Law 117-169 shall be available for obligation or expenditure through a 
reprogramming or transfer of funds that--
            ``(1) creates a new program;
            ``(2) eliminates a program, project, or activity;
            ``(3) increases funds or personnel for any program, 
        project, or activity for which funds have been denied or 
        restricted by the Congress;
            ``(4) proposes to use funds directed for a specific 
        activity by this part for a different purpose;
            ``(5) creates or reorganizes offices, programs, or 
        activities not otherwise authorized under such section 11004; 
        or
            ``(6) tests a model under section 1115A.
    ``(c) Use of Existing Funding for Reports.--The Secretary shall use 
funds appropriated under section 11004 of Public Law 117-169 to carry 
out subsection (a).''.
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