S.Amdt. 5474

SA 5474. Mr. MARSHALL submitted an amendment intended to be proposed
to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:

At the end of section 11004, insert the following:

SEC. 11005. FLOOR FOR MAXIMUM FAIR PRICE UNDER THE DRUG PRICE
NEGOTIATION PROGRAM.

Section 1194 the Social Security Act, as added by section
11001, is amended--
(1) in subsection (b)(2)(F)(ii), by inserting ``or (h)''
after ``subsection (d)''; and
(2) by adding at the end the following new subsection:
``(h) Floor for Maximum Fair Price.--
``(1) In general.--The maximum fair price negotiated under
this section for a selected drug (other than a small biotech
drug described in subsection (d) for 2029 and 2030), with
respect to the first year of the price applicability period
with respect to such drug,

[[Page S4350]]

may not be less than the applicable percent of the lower of--
``(A) the amount under subsection (c)(1)(B), as applicable;
or
``(B) the amount under subsection (c)(1)(C), as applicable.
``(2) Applicable percent.--In paragraph (1), the term
`applicable percent' means--
``(A) in the case of a short monopoly drug (as described in
subparagraph (c)(3)(A)), 65 percent;
``(B) in the case of an extended-monopoly drug (as defined
in subsection (c)(4)), 55 percent; and
``(C) in the case of a long-monopoly drug (as defined in
subsection (c)(5), 30 percent.''.
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