II 

116TH CONGRESS 

2D SESSION S. 3979 

To amend title 10, United States Code, to authorize the Secretary of Defense 

to temporarily waive cost-sharing amounts under the TRICARE pharmacy benefits program during certain declared emergencies. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2020 

Mr. WICKER (for himself and Ms. SINEMA) introduced the following bill; which 

was read twice and referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to authorize the 

Secretary of Defense to temporarily waive cost-sharing 

amounts under the TRICARE pharmacy benefits program during certain declared emergencies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘TRICARE Prescrip5 tion Relief Act’’. 


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•S 3979 IS

1 SEC. 2. TEMPORARY WAIVER OF COST-SHARING AMOUNTS 

2 UNDER TRICARE PHARMACY BENEFITS PRO3 GRAM DURING DECLARED EMERGENCY. 

4 (a) TEMPORARY WAIVER.—Section 1074g of title 10, 

5 United States Code, is amended— 

6 (1) in subsection (a)(6)— 

7 (A) in subparagraph (A), by striking ‘‘In 

8 the case’’ and inserting ‘‘Except as provided in 

9 subparagraph (D), in the case’’; 

10 (B) in subparagraph (B), by striking ‘‘For 

11 any year’’ and inserting ‘‘Except as provided in 

12 subparagraph (D), for any year’’; and 

13 (C) by adding at the end the following new 

14 subparagraph: 

15 ‘‘(D)(i) During a covered emergency, the Secretary 

16 may waive a requirement for eligible covered beneficiaries 

17 to pay cost-sharing amounts under this subsection. 

18 ‘‘(ii) In determining whether to waive a requirement 

19 under clause (i), the Secretary may consider whether the 

20 waiver would— 

21 ‘‘(I) increase affordability of all pharmacy alter22 natives to military medical treatment facilities for el23 igible covered beneficiaries; 

24 ‘‘(II) promote prescription adherence by eligible 

25 covered beneficiaries; or 


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•S 3979 IS

1 ‘‘(III) facilitate any policy of the Federal, State, 

2 or local government relating to emergency response 

3 during a covered emergency.’’; and 

4 (2) in subsection (i), by adding at the end the 

5 following new paragraph: 

6 ‘‘(5) The term ‘covered emergency’ means— 

7 ‘‘(A) a period beginning on the date on 

8 which the President declares a national emer9 gency pursuant to the National Emergencies 

10 Act (50 U.S.C. 1601 et seq.) and ending on the 

11 date of the termination of such emergency; 

12 ‘‘(B) a period beginning on the date on 

13 which the Secretary of Health and Human 

14 Services declares a public health emergency 

15 pursuant to section 319 of the Public Health 

16 Service Act (42 U.S.C. 247d) and ending on 

17 the date of the termination of such emergency; 

18 ‘‘(C) with respect to geographic areas cov19 ered by the Robert T. Stafford Disaster Relief 

20 and Emergency Assistance Act (42 U.S.C. 5121 

21 et seq.), a period beginning on the date on 

22 which the President designates a major disaster 

23 or emergency under such Act and ending on the 

24 termination of such major disaster or emer25 gency; or 


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•S 3979 IS

1 ‘‘(D) such other emergency period as de2 termined by the Secretary of Defense.’’. 

3 (b) APPLICATION.—The amendments made by sub4 section (a) shall apply— 

5 (1) with respect to purchases under the phar6 macy benefits program established under section 

7 1074g of title 10, United States Code, occurring on 

8 or after the date of the enactment of this Act; and 

9 (2) with respect to covered emergencies (as de10 fined in subsection (i) of such section 1074g, as 

11 amended by subsection (a) of this section) in effect 

12 on or after the date of the enactment of this Act. 

Æ 


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