S.Amdt. 3385

SA 3385. Mr. GRASSLEY (for himself and Ms. Cantwell) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 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, insert the following:

SEC. _____. PRESCRIPTION PRICING FOR THE PEOPLE.

(a) Short Title.--This section may be cited as the
``Prescription Pricing for the People Act of 2025''.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate; and
(B) the Committee on the Judiciary of the House of
Representatives.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(c) Study of Pharmaceutical Supply Chain Intermediaries and
Merger Activity.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report that--
(A) addresses at minimum--
(i) whether pharmacy benefit managers--

(I) charge payers a higher price than the reimbursement
rate at which the pharmacy benefit managers reimburse
pharmacies owned by the pharmacy benefit manager and
pharmacies not owned by the pharmacy benefit manager;
(II) steer patients for competitive advantage to any
pharmacy, including a retail, mail-order, or any other type
of pharmacy, in which the pharmacy benefit managers have an
ownership interest;
(III) audit or review proprietary data, including
acquisition costs, patient information, or dispensing
information, of pharmacies not owned by the pharmacy benefit
manager and use such proprietary data to increase revenue or
market share for competitive advantage; or
(IV) use formulary designs to increase the market share of
higher cost prescription drugs or depress the market share of
lower cost prescription drugs (each net of rebates and
discounts);

(ii) trends or observations on the state of competition in
the healthcare supply chain, particularly with regard to
intermediaries and their integration with other
intermediaries, suppliers, or payers of prescription drug
benefits;
(iii) how companies and payers assess the benefits, costs,
and risks of contracting with intermediaries, including
pharmacy services administrative organizations, and whether
more information about the roles of intermediaries should be
available to consumers and payers;
(iv) whether there are any specific legal or regulatory
obstacles the Commission currently faces in enforcing the
antitrust and consumer protection laws in the pharmaceutical
supply chain, including the pharmacy benefit manager
marketplace and pharmacy services administrative
organizations; and
(v) whether there are any specific legal or regulatory
obstacles that contribute to the cost of prescription drug
prices; and
(B) provides--
(i) observations or conclusions drawn from the November
2017 roundtable entitled ``Understanding Competition in
Prescription Drug Markets: Entry and Supply Chain Dynamics''
and any similar efforts;
(ii) specific actions the Commission intends to take as a
result of the November 2017 roundtable, and any similar
efforts, including a detailed description of relevant
forthcoming actions, additional research or roundtable
discussions, consumer education efforts, or enforcement
actions; and
(iii) policy or legislative recommendations to--

(I) improve transparency and competition in the
pharmaceutical supply chain;

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(II) prevent and deter anticompetitive behavior in the
pharmaceutical supply chain; and
(III) best ensure that consumers benefit from any cost
savings or efficiencies that may result from mergers and
consolidations.

(2) Interim report.--Not later than 180 days after the date
of enactment of this Act, the Commission shall submit to the
appropriate committees of Congress an interim report on the
progress of the report required by paragraph (1), along with
preliminary findings and conclusions based on information
collected to that date.
(d) Report.--The Commission shall submit to the appropriate
committees of Congress a report that includes--
(1) the number and nature of complaints received by the
Commission relating to an allegation of anticompetitive
conduct by a manufacturer of a sole-source drug;
(2) the ability of the Commission to bring an enforcement
action against a manufacturer of a sole-source drug; and
(3) policy or legislative recommendations to strengthen
enforcement actions relating to anticompetitive behavior.
______