[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3367-S3368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6175. Mrs. CAPITO (for herself, Mrs. Shaheen, Mr. Justice, Ms. 
Rosen, Mr. Booker, and Mrs. Britt) submitted an amendment intended to 
be proposed by her to the bill S. 4784, to authorize appropriations for 
fiscal year 2027 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 X, insert the following:

     SEC. 10__. PILOT PROGRAM ON INCLUSION OF CERTAIN NON-OPIOID 
                   PAIN MEDICATIONS IN THE NATIONAL FORMULARY OF 
                   THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Commencing not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall carry out a pilot program (in this 
     section referred to as the ``pilot program'') under which the 
     Secretary shall include one or more non-opioid pain 
     management drugs or biological products in the national 
     formulary of the Department of Veterans Affairs not later 
     than the earlier of--
       (1) one year after the date on which the non-opioid pain 
     management drug or biological product becomes eligible for 
     temporary additional payment under section 1833(t)(16)(G) of 
     the Social Security Act (42 U.S.C. 1395l(t)(16)(G)) or 
     eligible for separate payment under section 416.174 of title 
     42, Code of Federal Regulations (or successor regulations); 
     or
       (2) 18 months after the date on which the non-opioid pain 
     management drug or biological product is approved by the Food 
     and Drug Administration.
       (b) Duration.--The Secretary shall carry out the pilot 
     program for a three-year period beginning on the commencement 
     of the pilot program.
       (c) Annual Review.--
       (1) In general.--The Secretary shall--
       (A) annually review the non-opioid pain management drugs or 
     biological products included in the national formulary of the 
     Department of Veterans Affairs under the pilot program; and
       (B) remove such a drug or product from the national 
     formulary if--
       (i) the risk of side effects is found to be significant; or
       (ii) there are any changes to the status of the approval of 
     the drug or product by the Food and Drug Administration.
       (2) Reports to congress.--Not later than 30 days after 
     reaching any decision to remove a non-opioid pain management 
     drug or biological product from the national formulary under 
     paragraph (1)(B), the Secretary shall submit to Congress a 
     report that--
       (A) identifies the drug or product; and
       (B) explains the rationale for the decision.
       (d) Report.--Not later than 60 days after the completion of 
     the pilot program, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report that includes the following:
       (1) An analysis of the rates during the pilot program of 
     opioid utilization when non-opioid pain management drugs or 
     biological products were utilized versus non-utilized during 
     and after surgery, including prescription refills, as 
     compared to such rates during

[[Page S3368]]

     the three years preceding the date of the enactment of this 
     Act.
       (2) An analysis of the rates during the pilot program of 
     the utilization of non-opioid pain management drugs or 
     biological products during surgery, as compared to such rates 
     during the three years preceding the date of the enactment of 
     this Act.
       (3) A comparison of the total cost of healthcare resource 
     utilization in the form of emergency department utilization, 
     re-admission, and discharge to an inpatient rehabilitation or 
     skilled nursing facility when utilizing non-opioid pain 
     management drugs or biological products versus non-
     utilization.
       (4) A recommendation on whether to continue or end the 
     pilot program.
       (5) Any concerns or issues that have arisen from the 
     requirement to include one or more non-opioid pain management 
     drugs or biological products in the national formulary of the 
     Department of Veterans Affairs.
       (e) Non-opioid Pain Management Drug or Biological Product 
     Defined.--In this section, the term ``non-opioid pain 
     management drug or biological product'' means a drug or 
     biological product approved, granted, or cleared by the Food 
     and Drug Administration to reduce postoperative pain, to 
     produce postsurgical or regional analgesia, or to treat acute 
     pain, without acting upon the body's opioid receptors.
                                 ______