[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2913. 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. REQUIRING ANY PHARMACY BENEFIT MANAGER THAT 
                   CONTRACTS WITH TRICARE TO MEET REQUIREMENTS 
                   RELATING TO FORMULARY INTEGRITY.

       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--
       ``(i) bases formulary tier placement on list price for 
     drugs that are considered therapeutically competitive 
     (defined as drugs containing the same active ingredient); and
       ``(ii) places the drug with the lowest list price on a 
     lower, or cheaper, formulary tier than its therapeutic 
     competitors with higher list prices.
       ``(B) In this paragraph, 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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