,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #haci  ,,in ,,the ,,house ,,of  
,,representatives  ,september #a1 #bjbj 
,mr4 ,bilirakis 7for himself and ,mr4   
,soto7 introduced the following bill2   
which was referred to the ,committee on 
,energy and ,commerce  ,a ,,bill  ,to   
amend title ,,xix of the ,social        
,security ,act to remove direct sales of
 drugs near expiration during the       
,,covid-#ai emergency from the          
calculation of certain pricing metrics  
under the ,medicaid program4  #a4 ,short
 title ,this ,act may be cited as the   
,surplus ,utilization of ,pharmaceutical
 ,products ,leveraged ,in ,emergency    
,scenarios ,act of #bjbj or the         
,,supplies ,act of #bjbj4  #b4 ,removing
 direct sales of drugs near expiration  
during the ,,covid-#ai emergency from   
the calculation of certain pricing      
metrics under the ,medicaid program  7a7
 ,in general ,section #aibg of the      
,social ,security ,act 7#db ,u4,s4,c4   
#acifr-#h7 is amended--  7#a7 in        

subsection 7c77#a77;,c7-- 7,a7 in clause
 7i7--  7i7 in subclause 7,v71 by       
striking and at the end2  7ii7 in       
subclause 7,,vi71 by striking the period
 and inserting 2 and2 and  7iii7 by     
adding at the end the following new     
subclause3  7,,vii7 any prices charged  
with respect to the direct sale by a    
manufacturer of a short-dated drug 7as  
defined in clause 7iv77 during the      
period beginning on the first day of the
 emergency period described in section  
#aace7;g77#a77;,b7 and ending on the    
date that is #f months after the last   
day of such emergency period4  2 and    
7,b7 by adding at the end the following 
new clause3  7iv7 ,short-dated drug     
defined  7,i7 ,in general ,for purposes 
of clause 7i77,,vii71 the term          
short-dated drug means1 in the case of a
 drug with an applicable shelf life 7as 
defined in subclause 7,,ii77--  7aa7 of 
#a year or greater1 a drug expiring 7as 
determined by the labeled expiration    
date7 not later than #a year after the  

date of sale of such drug2 and  7bb7 of 
less than #a year1 a drug expiring 7as  
determined by the labeled expiration    
date7 not later than the end of the     
period beginning on the date of sale of 
such drug and ending on the date that is
 the number of days of the applicable   
shelf life of such drug after such date 
of sale4  7,,ii7 ,applicable shelf life 
,the term applicable shelf life means1  
with respect to a drug1 #ej percent of  
the number of days occurring during the 
period beginning on the date such drug  
is manufactured and ending on the date  
such drug expires 7as determined by the 
labeled expiration date71 rounded to the
 nearest whole day4  2 and  7#b7 in     
subsection 7k77#a77;,b7--  7,a7 in      
subclause 7,,iv71 by striking and at the
 end2  7,b7 in subclause 7,v71 by       
striking the period and inserting 2 and2
 and  7,c7 by adding at the end the     
following new subclause3  7,,vi7 any    
prices described in subsection          
7c77#a77;,c77i77,,vii74  4  7b7         

,outreach to manufacturers ,the         
,secretary of ,health and ,human        
,services shall notify drug             
manufacturers of the amendments made by 
subsection 7a7 through an electronic    
communication through ,,mln ,connects or
 such other method as determined        
appropriate by the ,secretary4