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136 STAT. 1864 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(2) in the case of sales of such drug during the 91st day through the 180th day described in subsection (b) with respect to such drug, 75 percent, ‘‘(3) in the case of sales of such drug during the 181st day through the 270th day described in subsection (b) with respect to such drug, 85 percent, and ‘‘(4) in the case of sales of such drug during any subsequent day, 95 percent. ‘‘(e) DEFINITIONS.—For purposes of this section— ‘‘(1) DESIGNATED DRUG.—The term ‘designated drug’ means any negotiation-eligible drug (as defined in section 1192(d) of the Social Security Act) included on the list published under section 1192(a) of such Act which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing. ‘‘(2) UNITED STATES.—The term ‘United States’ has the meaning given such term by section 4612(a)(4). ‘‘(3) OTHER TERMS.—The terms ‘initial price applicability year’, ‘price applicability period’, and ‘maximum fair price’ have the meaning given such terms in section 1191 of the Social Security Act. ‘‘(f) SPECIAL RULES.— ‘‘(1) COORDINATION WITH RULES FOR POSSESSIONS OF THE UNITED STATES.—Rules similar to the rules of paragraphs (2) and (4) of section 4132(c) shall apply for purposes of this section. ‘‘(2) ANTI-ABUSE RULE.—In the case of a sale which was timed for the purpose of avoiding the tax imposed by this section, the Secretary may treat such sale as occurring during a day described in subsection (b). ‘‘(g) EXPORTS.—Rules similar to the rules of section 4662(e) (other than section 4662(e)(2)(A)(ii)(II)) shall apply for purposes of this chapter. ‘‘(h) REGULATIONS.—The Secretary shall prescribe such regula- tions and other guidance as may be necessary to carry out this section.’’. (b) NO DEDUCTION FOR EXCISE TAX PAYMENTS.—Section 275(a)(6) of the Internal Revenue Code of 1986 is amended by inserting ‘‘50A,’’ after ‘‘46,’’. (c) CLERICAL AMENDMENT.—The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ‘‘CHAPTER 50A—DESIGNATED DRUGS’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to sales after the date of the enactment of this Act. SEC. 11004. FUNDING. In addition to amounts otherwise available, there is appro- priated to the Centers for Medicare & Medicaid Services, out of any money in the Treasury not otherwise appropriated, $3,000,000,000 for fiscal year 2022, to remain available until expended, to carry out the provisions of, including the amendments made by, this part. 26 USC 5000D note. 26 USC 4001 prec. 26 USC 275. Guidelines. Applicability. Applicability. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00048 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw