Text of Senate Amendment 5802

On 2026-06-04, Senator Bernard Sanders (I-VT) delivered a floor speech titled "Text Of Senate Amendment 5802" in the Senate.

Text of Senate Amendment 5802

Congressional Record, Volume 172 Issue 95 (Thursday, June 4, 2026) [Congressional Record Volume 172, Number 95 (Thursday, June 4, 2026)] [Senate] [Pages S2638-S2639] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5802. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 2, to provide for reconciliation pursuant to title II of S. Con. Res. 33.; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. IMPROVEMENTS TO THE MEDICARE DRUG PRICE NEGOTIATION PROGRAM. (a) Acceleration of the Selection of Negotiation-Eligible Drugs.--Section 1192(a) of the Social Security Act (42 U.S.C. 1320f-1(a)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) in paragraph (3)-- (A) by striking ``2028, 15 negotiation-eligible drugs'' and inserting ``2028 or a subsequent initial price applicability year, at least 50 negotiation-eligible drugs''; (B) by striking ``less than 15'' and inserting ``less than 50''; and (C) by striking ``; and'' at the end and inserting a period; and (3) by striking paragraph (4). (b) Improvements to the Definition of Negotiation-Eligible Drugs.--Subparagraphs (A) and (B) of section 1192(d)(1) of the Social Security Act (42 U.S.C. 1320f-1(d)(1)) are each amended by striking ``among the 50'' and inserting ``among the 50 (or, in the case of initial price applicability year 2028 or a subsequent initial price applicability year, 125)''. (c) Improvements to the Definition of Qualifying Single Source Drugs.--Subparagraphs (A)(ii) and (B)(ii) of section [[Page S2639]] 1192(e)(1) of the Social Security Act (42 U.S.C. 1320f- 1(e)(1)) are each amended by striking ``for which'' and inserting ``with respect to initial price applicability year 2026 and 2027, for which''. (d) Improvement to the Ceiling for Maximum Fair Price.-- Section 1194(c)(1) of the Social Security Act (42 U.S.C. 1320f-3(c)(1)) is amended-- (1) in subparagraph (A), by striking ``or the amount under subparagraph (C)'' and inserting ``, the amount under subparagraph (C), or, if available, the amount under subparagraph (D)''; and (2) by adding at the end the following new subparagraph: ``(D) Subparagraph (D) amount.-- ``(i) In general.--An amount equal to the international maximum fair price for the drug or biological product. ``(ii) International maximum fair price.--For purposes of clause (i), the term `international maximum fair price' means, with respect to a drug or biological product, an amount equal to the highest price (which shall be the net price, if practicable, and volume-weighted, if practicable) for a unit (as defined in section 1191(c)(6)) of such drug or biological product for sales of such drug or biological product (calculated across different dosage forms and strengths of the drug or biological product and not based on the specific formulation or package size or package type), as computed (as of the date of publication of such drug or biological product as a selected drug) among any applicable countries for which pricing information is available with respect to such drug or biological product. ``(iii) Applicable countries.-- ``(I) In general.--For purposes of clause (ii), the term `applicable countries' includes any country described in subclause (II) for which, with respect to a drug or biological product, there is available a price for any unit of such drug or biological product for sales of such drug or biological product in such country. ``(II) Countries described.--For purposes of subclause (I), the following countries are described in this subclause: ``(aa) Australia. ``(bb) Canada. ``(cc) France. ``(dd) Germany. ``(ee) Japan. ``(ff) The United Kingdom.''. (e) Effective Date.--The amendments made by this section shall apply with respect to initial price applicability years (as defined in section 1191(b) of the Social Security Act (42 U.S.C. 1320f(b)) beginning with initial price applicability year 2028. ______