Floor SpeechUrgent2026-06-24

Text of Senate Amendment 6175

HealthcareTaxesEnvironmentDefenseSocial SecurityVeterans

Context

On 2026-06-24, Senator Shelley Moore Capito (R-WV) delivered a floor speech titled "Text Of Senate Amendment 6175" in the Senate.

Full Text

Text of Senate Amendment 6175

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [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. ______

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Text of Senate Amendment 6175 Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [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. ______