United States 118th Congress Status: In Committee 1 R cosponsors

S 113 — Prescription Pricing for the People Act of 2023

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 19.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Prescription Pricing for the People Act of 2023This bill requires the Federal Trade Commission (FTC) to report about anticompetitive practices and other trends within the pharmaceutical supply chain that may impact the cost of prescription drugs. The FTC also must provide recommendations to increase transparency in the supply chain and prevent anticompetitive practices.

Bill Text

What changed in the latest version

108 added · 4 removed

Plain-language change summary

The amendment to S 113 removes specific sections that define the short title of the act and outline the appropriate congressional committees involved. It also eliminates the provision requiring a report within a certain timeframe. These changes streamline the document by focusing on the core content rather than preliminary definitions and obligations.

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113 Introduced in Senate (IS)] <DOC> 118th CONGRESS 1st Session S.
113 Reported in Senate (RS)] <DOC> Calendar No.
19 118th CONGRESS 1st Session S.
Capito, and Mr.
Capito, Mr.
Braun) introduced the following bill;
Braun, Mr.
which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes.
Boozman, Mr.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Welch, Mr.
Coons, Ms.
Hirono, and Mrs.
Feinstein) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary March 1, 2023 Reported by Mr.
Durbin, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ A BILL To require the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Prescription Pricing for the People Act of 2023''.</DELETED> <DELETED>SEC.
2.
DEFINITIONS.</DELETED> <DELETED> In this Act:</DELETED> <DELETED> (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means--</DELETED> <DELETED> (A) the Committee on the Judiciary of the Senate;
and</DELETED> <DELETED> (B) the Committee on the Judiciary of the House of Representatives.</DELETED> <DELETED> (2) Commission.--The term ``Commission'' means the Federal Trade Commission.</DELETED> <DELETED>SEC.
3.
STUDY OF PHARMACEUTICAL SUPPLY CHAIN INTERMEDIARIES AND MERGER ACTIVITY.</DELETED> <DELETED> (a) 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--</DELETED> <DELETED> (1) addresses at minimum--</DELETED> <DELETED> (A) whether pharmacy benefit managers-- </DELETED> <DELETED> (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;</DELETED> <DELETED> (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;</DELETED> <DELETED> (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</DELETED> <DELETED> (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);</DELETED> <DELETED> (B) 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;</DELETED> <DELETED> (C) 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;
and</DELETED> <DELETED> (D) 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</DELETED> <DELETED> (2) provides--</DELETED> <DELETED> (A) 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;</DELETED> <DELETED> (B) 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</DELETED> <DELETED> (C) policy or legislative recommendations to--</DELETED> <DELETED> (i) improve transparency and competition in the pharmaceutical supply chain;</DELETED> <DELETED> (ii) prevent and deter anticompetitive behavior in the pharmaceutical supply chain;
and</DELETED> <DELETED> (iii) best ensure that consumers benefit from any cost savings or efficiencies that may result from mergers and consolidations.</DELETED> <DELETED> (b) 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 subsection (a), along with preliminary findings and conclusions based on information collected to that date.</DELETED> <DELETED>SEC.
4.
REPORT.</DELETED> <DELETED> The Commission shall submit to the appropriate committees of Congress a report that includes--</DELETED> <DELETED> (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;</DELETED> <DELETED> (2) the ability of the Commission to bring an enforcement action against a manufacturer of a sole-source drug;
and</DELETED> <DELETED> (3) policy or legislative recommendations to strengthen enforcement actions relating to anticompetitive behavior.</DELETED> SECTION 1.
and (D) 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;
(D) 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 (E) whether there are any specific legal or regulatory obstacles that contribute to the cost of prescription drug prices;
<all>
Calendar No.
19 118th CONGRESS 1st Session S.
113 _______________________________________________________________________ A BILL To require the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes.
_______________________________________________________________________ March 1, 2023 Reported with an amendment
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Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on the Judiciary.

  3. Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

  4. Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.

  5. Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.

  6. Placed on Senate Legislative Calendar under General Orders. Calendar No. 19.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does S 113 do?
Prescription Pricing for the People Act of 2023This bill requires the Federal Trade Commission (FTC) to report about anticompetitive practices and other trends within the pharmaceutical supply chain that may impact the cost of prescription drugs. The FTC also must provide recommendations to increase transparency in the supply chain and prevent anticompetitive practices.
Who sponsors S 113?
S 113 is sponsored by Grassley, Chuck (Republican).
What is the current status of S 113?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 113?
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