[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 536. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title VII, insert the 
     following:

     SEC. 7__. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE 
                   PROGRAM.

       (a) Pharmacy Benefits Program.--Section 1074g(a)(6) of 
     title 10, United States Code, is amended by adding at the end 
     the following new subparagraph:
       ``(D) Notwithstanding subparagraphs (A), (B), and (C), 
     cost-sharing requirements may not be imposed and cost-sharing 
     amounts may not be collected with respect to any eligible 
     covered beneficiary for any prescription contraceptive on the 
     uniform formulary provided through a retail pharmacy 
     described in paragraph (2)(E)(ii) or through the national 
     mail-order pharmacy program.''.
       (b) TRICARE Select.--Section 1075 of such title is 
     amended--
       (1) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(4)(A) Notwithstanding any other provision of this 
     section, cost-sharing requirements may not be imposed and 
     cost-sharing amounts may not be collected with respect to any 
     beneficiary under this section for a service described in 
     subparagraph (B) that is provided by a network provider.
       ``(B) A service described in this subparagraph is any 
     contraceptive method approved, cleared, or authorized under 
     section 505, 510(k), 513(f)(2), or 515 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 
     360e), any contraceptive care (including with respect to 
     insertion, removal, and follow up), any sterilization 
     procedure, or any patient education or counseling service 
     provided in connection with any such contraceptive, care, or 
     procedure.''; and
       (2) in subsection (f), by striking ``calculated as'' and 
     inserting ``calculated (except as provided in subsection 
     (c)(4)) as''.
       (c) TRICARE Prime.--Section 1075a of such title is amended 
     by adding at the end the following new subsection:
       ``(d) Prohibition on Cost-Sharing for Certain Services.--
     (1) Notwithstanding subsections (a), (b), and (c), cost-
     sharing requirements may not be imposed and cost-sharing 
     amounts may not be collected with respect to any beneficiary 
     enrolled in TRICARE Prime for a service described in 
     paragraph (2) that is provided under TRICARE Prime.
       ``(2) A service described in this paragraph is any 
     contraceptive method approved, cleared, or authorized under 
     section 505, 510(k), 513(f)(2), or 515 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 355, 360(k), 360c(f)(2), 
     360e), any contraceptive care (including with respect to 
     insertion, removal, and follow up), any sterilization 
     procedure, or any patient education or counseling service 
     provided in connection with any such contraceptive, care, or 
     procedure.''.
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