Mike D. Rogers
Representative for Alabama · Republican · United States
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(b) Modification of Certain Certifications and Assessments.-- (1) Certifications.--Section 1249(b) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) is amended-- (A) in the matter preceding paragraph (1), by striking ``The certification described'' and inserting following: ``(1) In general.--Except as prov…”
“(b) Objectives.--The Commander shall ensure that the Cognitive Performance Enhancement Program-- (1) improves readiness, resilience, and recovery, using evidence-based holistic and proactive high-performance brain training that has a validated ability to scale cost- effectively across the special operations forces enterprise; [[Page H4842…”
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“``(b) Documentation.--The portfolio acquisition executive shall make a designation under subsection (a) in writing, ensure that it is documented in any contractor past performance database used by the Department, and report the designation not later than 30 days after making the designation to the Under Secretary of Defense for Acquisition and Sustainment and the component acquisition executive or service acquisition executive of the military department concerned, as applicable. ``(c) Duration; Revocation.--(1) Except as provided in paragraph (2), a designation under subsection (a) shall remain in effect for a period not to exceed three years from the date on which the designation is made, at which time a new designation under subsection (a) may be made if the requirements of subsection (a) are met.”
“Portfolio acquisition executives: authority to designate contractors for high performer preference ``(a) Authority to Designate.--Each portfolio acquisition executive shall, with respect to contractors under the defense acquisition programs assigned to such executive, have the authority to designate a contractor for the high performer preference for purposes of this section if the contractor-- ``(1) as documented in the contractor past performance database used by the Department of Defense, has received a rating of exceptional or very good for not fewer than three consecutive assessment periods under the defense acquisition programs assigned to such executive; and ``(2) has met or exceeded all key performance parameters applicable to such programs during such period.”
“``(f) Relationship to Acquisition Workforce Performance Objectives.--(1) The Under Secretary of Defense for Acquisition and Sustainment shall ensure that the metrics and thresholds under this section-- ``(A) are distinct from, and shall be administered consistent with and separately from, the key performance objectives established under section 826 of the National Defense Authorization Act for Fiscal Year 2026 (10 U.S.C. 1722b note) for evaluating the performance of civilian members of the acquisition workforce; and ``(B) complement, and do not conflict with, the integration of such key performance objectives into performance management systems of the Department. ``(2) This section does not require the assessment of the individual performance of any member of the acquisition workforce. ``Sec. 3105c.”
“``(d) Submission to Committees and Comptroller General.-- The Under Secretary of Defense for Acquisition and Sustainment shall submit any metrics and thresholds approved under subsection (c)(3)-- ``(1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 30 days after approving such metrics and thresholds; and ``(2) to the Comptroller General upon request. ``(e) Annual Review.--The Under Secretary of Defense for Acquisition and Sustainment shall review the framework under subsection (a) not less frequently than annually and shall update the framework as necessary to reflect changes in acquisition policy, program structure, or operational requirements.”
“``(c) Additional Tailored Metrics.--Each portfolio acquisition executive shall-- ``(1) for each category established under subsection (b), develop additional metrics and thresholds tailored to the defense acquisition programs assigned to such portfolio acquisition executive; ``(2) submit such additional metrics and thresholds to the Under Secretary of Defense for Acquisition and Sustainment; and ``(3) upon approval of the Under Secretary of Defense for Acquisition and Sustainment, file such additional metrics and thresholds with the Office of the Under Secretary of Defense for Acquisition and Sustainment.”
“``(4) Sustainment readiness.--Metrics relating to mission capable rate contribution, mean time between failures relative to contractual specifications, and materiel backorder rate. ``(5) Contract management.--Metrics relating to the assignment and distribution of ratings in the contractor past performance database used by the Department, rates of compliance with corrective action plans, and competitive re- compete rates. ``(6) Other categories.--Any other categories that the Under Secretary of Defense for Acquisition and Sustainment considers appropriate.”
“``(b) Categories Required.--The framework required by subsection (a) shall include metrics in each of the following categories: ``(1) Cost performance.--Metrics relating to variance from the approved cost baseline, including estimate at completion versus budget at completion, undefinitized contract action definitization rate, and cost overrun recurrence. ``(2) Schedule performance.--Metrics relating to adherence to milestones, including delivery delays measured in days against the approved program baseline and frequency of approved re-baselining. ``(3) Technical performance.--Metrics relating to achievement of key performance parameters at applicable program milestones and deficiency closure rates.”
“The framework shall-- ``(1) specify metrics that must be used by each portfolio acquisition executive to assess each defense acquisition program assigned to such executive; ``(2) for each such metric, establish minimum thresholds for reporting; and ``(3) provide for consistency and comparability of contractor performance data across the Department while preserving the flexibility of each portfolio acquisition executive to tailor specific indicators and thresholds to the defense acquisition programs assigned to such executive.”
“Portfolio acquisition executives: defense-wide framework of contractor performance metrics ``(a) Framework Required.--The Under Secretary of Defense for Acquisition and Sustainment, in consultation with each component acquisition executive and service acquisition executive, shall establish a framework of contractor performance metrics to be used by all portfolio acquisition executives of the Department of Defense.”
“The report shall include-- ``(1) a consolidated list of all actions taken by a portfolio acquisition executive under paragraphs (1), (2), and (3) of subsection (a); ``(2) a consolidated list of all overrides and determinations by a component acquisition executive or service acquisition executive under subsection (b); and ``(3) an assessment of the effectiveness of the actions taken under paragraphs (1), (2), and (3) of subsection (a). ``Sec. 3105b.”
“``(c) Limitation.--This section does not-- ``(1) authorize a portfolio acquisition executive to terminate a contract for cause without the approval of the component acquisition executive or service acquisition executive, as applicable; or ``(2) supersede any right of the contractor to notice and opportunity to respond under applicable provisions of law or regulation. ``(d) Guidance.--The Under Secretary of Defense for Acquisition and Sustainment shall issue guidance for the implementation of this section. ``(e) Annual Report.--On an annual basis, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with each component acquisition executive and service acquisition executive, shall submit to the congressional defense committees a report on the exercise of authorities under this section.”
“The service acquisition executive shall act on such recommendation, or determine not to act on such recommendation, not later than 30 days after receiving the recommendation. ``(b) Responsibilities of Component Acquisition Executive or Service Acquisition Executive.--In a case in which the component acquisition executive or service acquisition executive, as applicable, overrides the issuance of a performance improvement notice under subsection (a)(1), overrides a contract restructuring action under subsection (a)(2), or determines not to act on a recommendation under subsection (a)(3), the component acquisition executive or service acquisition executive, as applicable, shall-- [[Page H4813]] ``(1) not later than 15 days after such override or determination, make a written documentation of the override or determination that cites the specific statutory, regulatory, or policy basis for the override or determination; and ``(2) provide a copy of such written documentation to the portfolio acquisition executive and the Under Secretary of Defense for Acquisition and Sustainment.”
“``(2) To initiate a contract restructuring action, including an action to adjust a performance metric, milestone schedule, deliverable specification, or associated incentive fee structure, without the prior approval of the component acquisition executive or the service acquisition executive of the military department concerned, as long as the total value of the restructured contract does not exceed any applicable threshold. The portfolio acquisition executive shall provide written notification to the component acquisition executive or service acquisition executive, as applicable, not later than 15 days after initiating such an action. ``(3) To recommend to the component acquisition executive or the service acquisition executive of the military department concerned that a contract be terminated for cause.”
“Such a notice shall specify, with particularity, the deficiencies identified in such ratings and shall establish measurable corrective action benchmarks and a remediation period not to exceed 180 days. The portfolio acquisition executive shall ensure that the notice is provided contemporaneously to the contractor and the component acquisition executive or service acquisition executive of the military department concerned, as applicable, and is documented in any contractor past performance database used by the Department.”
“Portfolio acquisition executives: performance management authorities with respect to contractors ``(a) Performance Management Authorities.--Each portfolio acquisition executive shall, with respect to contractors under the defense acquisition programs assigned to such executive, have the following authorities: ``(1) To issue a performance improvement notice to any contractor that, as documented in any contractor past performance database used by the Department of Defense, has received a rating indicating a deficiency (such as marginal or unsatisfactory) in two or more consecutive assessment periods, or in three or more assessment periods within a period of five years.”
“(e) Definitions.--In this section: (1) The term ``covered Armed Forces'' means the Army, Navy, Air Force, Marine Corps, and Space Force. (2) The term ``toxic substances'' means any substance known to the Department of Defense to be toxic, hazardous, or otherwise cause negative health outcomes. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A--Acquisition Policy and Management SEC. 801. RESPONSIBILITIES AND AUTHORITIES OF PORTFOLIO ACQUISITION EXECUTIVES WITH RESPECT TO CONTRACTORS. (a) In General.--Chapter 205 of title 10, United States Code, is amended by inserting after section 3105 the following new sections: ``Sec. 3105a.”
“(C) A description of current research programs within the Department of Defense examining the relationship between such exposures and reproductive health. (D) An evaluation of the extent to which members of the covered Armed Forces have access to fertility preservation services, assisted reproductive technology, and fertility services, and any gaps in access to such services, including with respect to members of the reserve components. (E) Recommendations regarding-- (i) improvements to screening and monitoring protocols for reproductive health outcomes related to toxic exposure; (ii) expanded access to reproductive health services and fertility treatments for members of the covered Armed Forces affected by toxic exposure; and (iii) legislative or regulatory actions to address reproductive health effects of such exposure.”
“(d) Report.-- (1) Initial report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate an interim report on the study under subsection (a), including any preliminary findings and recommendations. (2) Final report.--Not later than three years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the study under subsection (a), including the following: (A) Findings. (B) Identification of the categories of toxic substances most commonly associated with reproductive harm among members of the covered Armed Forces.”
“(5) The effects of exposure to toxic substances and other mechanisms on the sex of the children of such members. (6) The rates of infertility and reduced fertility among such members. (7) The rates of congenital disabilities and birth defects in the children of such members. (c) Consultation.--In conducting the study subsection (a), the Secretary shall consult with-- (1) the Surgeons General of the covered Armed Forces; (2) the Director of the Defense Health Agency; and (3) relevant academic institutions and federally funded research and development centers with expertise in fertility and reproductive health.”
“(a) Study.--The Secretary of Defense shall conduct a comprehensive, longitudinal study to assess the long-term effects of exposure to toxic substances on the reproductive health and fertility of members of the covered Armed Forces. (b) Elements.--The study under subsection (a) shall include the following: (1) The relationship between service in the covered Armed Forces and exposure to toxic substances. (2) The resultant effect of exposure to toxic substances on the reproductive health and fertility of covered members of the Armed Forces. (3) Whether certain career fields in the covered Armed Forces have a higher chance of damaging fertility. (4) The effects of exposure to toxic substances and other mechanism on the health of children of such members.”
“(3) The term ``TRICARE program'' has the meaning given that term in section 1072 of title 10, United States Code. SEC. 779. REMOVAL OF PEPTIDES FROM PROHIBITED PERFORMANCE ENHANCING SUBSTANCES LIST. The Secretary of Defense may not include legally available peptides on the prohibited dietary supplement ingredients list established pursuant to Department of Defense Instruction 6130.06, or any other similar list of substances that are prohibited for use by a member of the Armed Forces without a medical exemption, if the member of the Armed Forces obtains and uses such peptides in a manner that is lawful in the location of the member. SEC. 780. STUDY ON LONG-TERM EFFECTS OF EXPOSURE TO TOXIC SUBSTANCES ON REPRODUCTIVE HEALTH AND FERTILITY.”
“(d) Continuity of Data Collection.--The Secretary of Defense shall ensure that any transition or modification to beneficiary experience survey methodologies does not result in a lapse in the collection, analysis, or reporting of population-level beneficiary experience data necessary to support the evaluation, performance assessment, and reporting requirements, of the military health system. (e) Covered Armed Force.--In this section: (1) The term ``covered Armed Force'' means the Army, Navy, Air Force, Marine Corps, and Space Force. (2) The term ``covered beneficiary'' means a covered beneficiary, as defined in section 1072 of title 10, United States Code, who is a beneficiary by reason of the service by an individual in a covered Armed Force.”
“(3) Patient safety, quality of care, and access to care at military medical treatment facilities, including appointment wait times, beneficiary satisfaction, and comparison to the access standards of the Department of Defense. (4) Trends in beneficiary experience and access to care over time through the use of longitudinal population-level data collection methodologies. (c) Submission.--The Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate the results of each evaluation under subsection (a).”
“(b) Elements of Evaluation.--The evaluation under subsection (a) shall include an assessment of each of the following: (1) The impact of the TRICARE program on members of the covered Armed Forces and the dependents of such members, retirees of the covered Armed Forces and the dependents of such retirees, and dependents with severe disabilities and chronic health care needs of members of the covered Armed Forces serving on active duty regarding access, costs, quality, and beneficiary experience. (2) Barriers affecting beneficiary utilization of military medical treatment facilities and factors influencing the use of purchased care in lieu of direct care.”
“SEC. 778. CONTINUED EVALUATION OF THE TRICARE PROGRAM THROUGH BENEFICIARY EXPERIENCE SURVEYS. (a) Continued Evaluation Required.--The Secretary of Defense shall ensure the sustained collection and analysis of beneficiary experience data necessary to support the ongoing evaluation of the TRICARE program in meeting the goals of-- (1) increasing access to health care for covered beneficiaries under chapter 55 of title 10, United States Code; (2) improving the quality of health care provided to covered beneficiaries; and (3) informing oversight of the performance of the military health system.”
“(2) The term ``covered toxic substances'' means contaminants and other risk factors that pose a significant health risk to an individual [[Page H4812]] when inhaled, ingested, absorbed by, or in close proximity to, the individual, including-- (A) asbestos; (B) radiation; (C) polychlorinated biphenyls; (D) combustion byproducts associated with burning classified materials, accelerants, and industrial solvents; (E) volatile organic compounds (VOCs), including VOCs from cleaning and maintenance chemicals; (F) radon and naturally occurring radioactive materials in subterranean facilities; (G) hydrogen cyanide, hydrazine, ethylene glycol, and sodium chromate; (H) pesticides and herbicides from facility perimeters and surrounding agricultural runoff; (I) noise; and (J) other chemical compounds or elements associated with the LGM-30G Minuteman III intercontinental ballistic missile system or covered operational facilities.”
“(e) Definitions.--In this section: (1) The term ``covered operational facilities'' mean physical structures and work environments associated with the LGM-30G Minuteman III intercontinental ballistic missile system, including-- (A) launch control facilities; (B) launch facilities; (C) missile alert facilities; and (D) other associated facilities.”
“(c) Information and Clearances.--The Secretary of Defense shall ensure that personnel of the National Academy of Sciences, Engineering, and Medicine supervising the implementation of the agreement required by subsection (a), or conducting the review required by such subsection, are granted, in a timely manner, access to the information and security clearances necessary to carry out such review. (d) Report Required.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, the Executive Officer of the National Academy of Sciences, Engineering, and Medicine shall submit to the congressional defense committees a report that includes the findings of the review required by subsection (a). (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.”
“(7) Recommendations of the Executive Officer with respect to-- (A) Department of Defense actions to ensure that occupational health and safety conditions of covered operational facilities-- (i) meet current occupational safety and national security requirements in effect as of the date of the enactment of this Act; and (ii) are applied to the LGM-35A Sentinel intercontinental ballistic missile system; and (B) potential modifications to-- (i) the current design and operation of the LGM-30G Minuteman III intercontinental ballistic missile system; and (ii) the future design and operation of the Sentinel system.”
“(5) An evaluation of the suitability and effectiveness of policies, procedures, and technologies of the Department of the Air Force to prevent occupational hazards, and reduce exposure to covered toxic substances, associated with the Minuteman III system including-- (A) personal protective equipment; (B) engineering controls; (C) environmental surveillance; and (D) other policies, procedures, and technologies deemed relevant. (6) An evaluation of the suitability and effectiveness of policies, procedures, and technologies of the Department of the Air Force and the Department of Defense for reporting and periodic medical screening, testing, and evaluations for potential exposure to occupational hazards and covered toxic substances for personnel associated with the Minuteman III system.”
“(4) A comparative evaluation of the suitability and effectiveness of historic versus current year environmental surveillance policies, procedures, and technologies of the Department of the Air Force for covered operational facilities used to detect exposure to covered toxic substances and occupational hazards, including-- (A) air quality; (B) groundwater and drinking water contamination; (C) ventilation systems and particulate matter accumulation; and (D) residual contamination associated with confined operational environments.”
“(3) An independent case-controlled retrospective study of cancer incidence rates among-- (A) Minuteman III missile launch officers and support personnel; compared to (B) a group of members of the Air Force with-- (i) a substantially similar demographic makeup to the group of launch officers and support personnel included in the study; (ii) responsibilities that are not associated with the Minuteman III system; and (iii) a low potential for occupational exposure to covered toxic substances, as determined by Air Force Specialty Code and occupational duties.”
“(2) An independent assessment of occupational hazards, covered toxic substances, and operational activities associated with the LGM-30G Minuteman III intercontinental ballistic missile system that accounts for-- (A) enclosed space dynamics; (B) ventilation inefficiencies; and (C) limited fresh air exchange rates.”
“(a) In General.--The Assistant Secretary of Defense for Health Affairs, in consultation with the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs, shall seek to enter into an agreement with the Executive Officer of the National Academy of Sciences, Engineering, and Medicine for a review of the occupational health and safety conditions of covered operational facilities. (b) Elements.--The review required by subsection (a) shall include the following: (1) An independent review of the methodology and findings of the Missile Community Cancer Study conducted by the Air Force Medical Service and Air Force Global Strike Command.”
“(c) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary observations and emerging findings of the study under subsection (a). SEC. 777. REVIEW OF THE OCCUPATIONAL HEALTH AND SAFETY CONDITIONS OF OPERATIONAL FACILITIES ASSOCIATED WITH THE LGM-30G MINUTEMAN III INTERCONTINENTAL BALLISTIC MISSILE SYSTEM.”
“(5) An identification and evaluation of targeted, cost- effective policy options to improve dental readiness among members of the reserve components, including-- (A) adjustments to annual benefit caps; (B) coverage of readiness-related dental procedures not currently included under existing plans; (C) alternative models for delivering dental care to reservists; and (D) any other mechanisms the Comptroller General determines appropriate to reduce cost-related barriers to deployability. (6) An assessment of the potential effects of such policy options on-- (A) overall force readiness and deployability; (B) recruitment and retention within the reserve components; and (C) cost to the Department of Defense.”
“(2) An evaluation of the relationship between out-of-pocket dental costs and delays in obtaining necessary dental care required for deployment readiness. (3) An analysis of the extent to which dental readiness requirements impose a financial burden on members of the reserve components, including whether such requirements function as an unfunded mandate on individual members. (4) A review of the findings of section 707 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2652) and an assessment of remaining gaps in data regarding dental readiness and benefit sufficiency.”
“(5) The fellowship program would be accredited. SEC. 776. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON RESERVE COMPONENT DENTAL READINESS AND BENEFIT SUFFICIENCY. (a) Study.--The Comptroller General of the United States shall conduct a study on the sufficiency of the Department of Defense Reserve Component dental program in supporting the medical readiness and deployability of members of the reserve components. (b) Elements.--The study under subsection (a) shall include, at a minimum, the following: (1) An assessment of the extent to which current annual benefit caps, including the $1,500 coverage limit under the TRICARE Dental Program, contribute to dental nondeployability among members of the reserve components.”
“(2) An individual may hold a fellowship under the pilot program if the individual-- (A) holds a Doctor of Medicine or Doctor of Osteopathy from any medical school accredited by the Liaison Committee on Medical Education; and (B) before participating in the fellowship program, has completed a residency program in neurology or psychiatry at an institution accredited by the Accreditation Council for Graduate Medical Education. (3) An individual would not be required to be board certified to hold a fellowship under the pilot program. (4) The pilot program would be carried out in a manner that seeks to allow an individual, upon completion of the fellowship program, to sit for board certification in behavioral neurology and neuropsychiatry offered by the United Council for Neurologic Subspecialties.”
“(b) Matters Included.--The report on the potential pilot program under subsection (a) shall include the following: (1) The feasibility of the pilot program meeting the requirements described in subsection (c). (2) An evaluation of potential locations at which to carry out the pilot program. (c) Requirements Described.--The requirements described in this subsection are the following: (1) The pilot program would include two individuals selected for a one-year clinical fellowship program under the pilot program.”
“(3) The term ``TRICARE program'' has the meaning given that term in section 1072 of title 10, United States Code. SEC. 775. REPORT ON FEASIBILITY OF PILOT PROGRAM ON BEHAVIORAL NEUROLOGY FELLOWSHIPS. (a) Report.--Not later than 270 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the congressional defense committees a report on the feasibility of establishing a pilot program that establishes a behavioral neurology fellowship program to provide training opportunities with respect to treating members of the Armed Forces and veterans with traumatic brain injuries, particularly regarding the intersection of behavior and traumatic brain injury.”
“(f) Applicability to Existing Contracts.--This section shall apply to any contract, agreement, or other arrangement in effect on or after the date of the enactment of this Act, including any contract, agreement, or arrangement entered into before such date. (g) Relationship to Existing Authority.--Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any existing authority of the Comptroller General. (h) Definitions.--In this section: (1) The terms ``eligible covered beneficiary'', ``pharmaceutical agent'', and ``prescription drug'' have the meanings given those terms in section 1074g of title 10, United States Code. (2) The term ``pharmacy benefits program'' means the pharmacy benefit program of the TRICARE program under section 1074g of title 10, United States Code.”
“(d) Access Metrics.--In conducting oversight of the pharmacy benefit program, the Secretary of Defense shall ensure that measures of access to such program include-- (1) continuity of care and beneficiary preference, including the ability of beneficiaries to remain with their pharmacy of choice; and [[Page H4811]] (2) meaningful geographic access standards beyond drive- time calculations, with special consideration for rural and underserved areas. (e) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the implementation of this section.”
“(4) Form, detail, and frequency.--The Comptroller General may determine the form, level of detail, and frequency of data submissions required under paragraph (1). (c) Assessment of Impact.--If any audit conducted under subsection (a)(1) finds that reimbursement rates paid to retail pharmacies under the pharmacy benefits program are, on average or in a systemic manner, less than the documented acquisition cost to such pharmacies for outpatient prescription drugs covered by such audit, the Comptroller General shall include in the report on such audit under subsection (a)(2) an assessment of the impact of such reimbursement rates on retail pharmacy participation, beneficiary access, network adequacy, and continuity of care.”
“(C) An identification of all price concessions, including rebates, fees, discounts, and remuneration of any kind from manufacturers, pharmacies, or other entities. (D) Information on amounts charged to the Department of Defense and amounts paid to pharmacies for the same drug. (E) Contracts, subcontracts, and other arrangements with manufacturers, pharmacies, or third parties relevant to the administration of the pharmacy benefits program. (3) Prohibition on withholding of information.--Information required to be provided under this paragraph may not be withheld, redacted, or limited on the basis of claims relating to proprietary information, trade secrets, or confidential commercial information, except that the Comptroller General shall protect such information from public disclosure in accordance with applicable law.”
“(b) Access to Information.-- (1) In general.--As a condition of administering the pharmacy benefits program on and after the date of the enactment of this Act, and notwithstanding any other provision of law, or any contract, subcontract, agreement, or confidentiality provision to the contrary, the contractor responsible for administering the pharmacy benefits program shall agree to make available to the Comptroller General any information the Comptroller General determines necessary to conduct the audits under subsection (a)(1) not later than 30 days after the request for such information by the Comptroller General. (2) Information to be included.--Information required under paragraph (1) shall include the following: (A) Claims-level data. (B) Information on reimbursement methodologies and payment rates.”
“(3) Report.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report with the results the audits under paragraph (1).”
“SEC. 774. ASSESSMENT OF ACCESS, FAIRNESS, AND TRANSPARENCY UNDER TRICARE PHARMACY BENEFITS PROGRAM. (a) Comptroller General Audits.-- (1) Requirement.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct audits of-- (A) data reported by the contractor responsible for the administration of the pharmacy benefits program relating to-- (i) rates of reimbursement and any price concessions; (ii) any discrepancies between average reimbursements to various types of pharmacies disaggregated by retail, mail order, specialty pharmacies, and any pharmacy owned by or affiliated with such contractor; and (iii) the difference between what the contractor charges the TRICARE program for a pharmaceutical agent and what the contractor pays to pharmacies for the same pharmaceutical agent, disaggregated by retail, mail order, and specialty pharmacies; (B) prior authorizations required by the TRICARE program for prescription drug treatments and services; (C) the timeliness of dispensing prescription drugs from the various types of pharmacies, disaggregated by retail, mail order, and specialty pharmacies; and (D) the adequacy of the retail pharmacy network under the TRICARE program and access by eligible covered beneficiaries to such network, including with respect to continuity of care, geographic accessibility (taking into account factors in addition to travel time to and from a pharmacy, with special consideration for rural and underserved areas), and the extent to which elections by such beneficiaries reflect personal preference; and (2) Briefing.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the audits under paragraph (1).”
“935); and (B) the results of and remedial actions taken following the completion of the study conducted by the Secretary of Veterans Affairs relating to fixed-wing aviators and associated ground crew pursuant to title V of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (Public Law 117-168) and subsequent related directives; (2) the incidence and prevalence of prostate cancer among members of the Armed Forces and veterans, including any identified elevated risks within specific occupational specialties; (3) an assessment of emerging and advanced prostate cancer screening, diagnostic, and prognostic technologies, including those that are less invasive and capable of determining cancer aggressiveness; (4) the extent to which such technologies are currently available within the military health system and the health care system of the Department of Veterans Affairs; and (5) a plan, including timelines and resource requirements, to evaluate and, as appropriate, implement such technologies within the military health system and the health care system of the Department of Veterans Affairs.”
“Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall provide to the Committees on Armed Services of the House of Representatives and the Senate and the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on-- (1) the status and any preliminary findings of ongoing studies on cancer incidence rates among members of the Armed Forces and veterans, including-- (A) the results of and remedial actions taken following the study conducted by the Secretary of Defense on aircrew members of rotary-wing aircraft under section 736 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 139 Stat.”