NOPAIN for Veterans Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3209 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3209

To amend title 38, United States Code, to ensure that the Secretary of 
   Veterans Affairs furnishes certain non-opioid pain medications to 
                   veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2025

   Mrs. Capito (for herself, Mrs. Shaheen, Mr. Cramer, Mr. King, Mr. 
Hoeven, Mrs. Gillibrand, Mr. Ricketts, Ms. Klobuchar, Mr. Justice, Mr. 
Kaine, Mrs. Britt, Mr. Van Hollen, Mr. Hagerty, Mr. Kelly, Mr. Scott of 
    South Carolina, Ms. Cortez Masto, and Ms. Rosen) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to ensure that the Secretary of 
   Veterans Affairs furnishes certain non-opioid pain medications to 
                   veterans, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Non-Opioids Prevent Addiction in the 
Nation for Veterans Act'' or the ``NOPAIN for Veterans Act''.

SEC. 2. INCLUSION OF CERTAIN NON-OPIOID PAIN MEDICATIONS IN THE 
              NATIONAL FORMULARY OF THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 8125 of title 38, United States Code, is 
amended--
            (1) in subsection (d), by adding at the end the following 
        new paragraph:
            ``(4) 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.'';
            (2) by redesignating subsection (d), as so amended, as 
        subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) The Secretary shall include a non-opioid pain management drug 
or biological product in the national formulary of the Department 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) Limitation.--None of the funds in the Cost of War Toxic 
Exposures Fund under section 324 of title 38, United States Code, may 
be used to carry out the amendments made by this section.
    (c) Implementation.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall 
implement the amendments made by this section.
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