[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5126]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2896. Ms. WARREN submitted an amendment intended to be proposed by 
her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 end of subtitle A of title VII, insert the 
     following:

     SEC. 710. ENSURING PBM TRANSPARENCY UNDER THE TRICARE 
                   PHARMACY BENEFITS PROGRAM.

       Section 1074g(a) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(11)(A) Beginning on January 1, 2025, the Secretary may 
     not contract with a pharmacy benefit manager under the 
     pharmacy benefits program unless the pharmacy benefit manager 
     meets the following requirements:
       ``(i) Not later than 1 year after the date of enactment of 
     this paragraph, and annually thereafter, the pharmacy benefit 
     manager (or an affiliate, subsidiary, or agent of the 
     pharmacy benefit manager) shall submit to the Secretary 
     information regarding any differences in reimbursement rates 
     or practices, direct and indirect remuneration fees or other 
     price concessions, and clawbacks between--
       ``(I) pharmacies that are affiliates of the pharmacy 
     benefit manager; and
       ``(II) pharmacies that are not affiliates of the pharmacy 
     benefit manager.
       ``(ii) The pharmacy benefit manager shall disclose to the 
     Secretary (in a form and manner specified by the Secretary) 
     the amount of any administrative fee they receive for each 
     prescription the pharmacy benefit manager processes under the 
     pharmacy benefits program.
       ``(B) In this paragraph:
       ``(i) The term `affiliate' means any entity that is owned 
     by, controlled by, or related under a common ownership 
     structure with, a pharmacy benefit manager, or that acts as a 
     contractor or agent to such pharmacy benefit manager, if such 
     contractor or agent performs any of the functions described 
     in clause (ii).
       ``(ii) The term `pharmacy benefit manager' means any person 
     or entity that, either directly or through an intermediary, 
     acts as a price negotiator or group purchaser on behalf of 
     the pharmacy benefits program, or manages the prescription 
     drug benefits provided under such program, including the 
     processing and payment of claims for prescription drugs, the 
     performance of drug utilization review, the processing of 
     drug prior authorization requests, the adjudication of 
     appeals or grievances related to the pharmacy benefits 
     program, contracting with network pharmacies, controlling the 
     cost of prescription drugs, or the provision of related 
     services. Such term includes any person or entity that 
     carries out one or more of the activities described in the 
     preceding sentence, irrespective of whether such person or 
     entity identifies itself as a `pharmacy benefit manager'.''.
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