[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10445 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10445
Making further continuing appropriations for the fiscal year ending
September 30, 2025, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 17, 2024
Mr. Cole (for himself and Mr. Edwards) introduced the following bill;
which was referred to the Committee on Appropriations, and in addition
to the Committees on the Budget, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
Making further continuing appropriations for the fiscal year ending
September 30, 2025, 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 ``Further Continuing Appropriations
and Disaster Relief Supplemental Appropriations Act, 2025''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2025
DIVISION B--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2025
DIVISION C--OTHER MATTERS
TITLE I--DISASTER RELIEF
Sec. 101. Disaster grant closeout procedures.
Sec. 102. Availability of excess funds.
Sec. 103. Reimbursement for repair, replacement, and restoration work
on private roads and bridges impacted by
Tropical Storm Helene.
TITLE II--RECYCLING, WATER, AND ENVIRONMENT RELATED PROVISIONS
Sec. 201. Recycling and composting accountability.
Sec. 202. Recycling Infrastructure and Accessibility Program.
Sec. 203. Drinking water infrastructure risk and resilience.
Sec. 204. Reauthorization of Diesel Emissions Reduction Act.
Sec. 205. Nationwide Consumer and Fuel Retailer Choice Act of 2024.
TITLE III--FOREIGN AFFAIRS
Sec. 301. Global engagement center extension.
Sec. 302. Haiti Criminal Collusion Transparency Act of 2024.
Sec. 303. Extension of special rules for Haiti under Caribbean Basin
Economic Recovery Act.
Sec. 304. Reports on foreign boycotts of Israel.
Sec. 305. Licensing transparency.
Sec. 306. Ten-year statute of limitations for export control and anti-
boycott violations.
TITLE IV--VETERANS
Sec. 401. Protecting Regular Order for Veterans Act of 2024.
Sec. 402. Improving Veterans' Experience Act of 2024.
Sec. 403. Naming the Department of Veterans Affairs community-based
outpatient clinic in Plano, Texas, as the
``U.S. Congressman Sam Johnson Memorial VA
Clinic''.
Sec. 404. Eddie Bernice Johnson VA Medical Center.
TITLE V--COMPREHENSIVE OUTBOUND INVESTMENT NATIONAL SECURITY ACT OF
2024
Sec. 1. Short title.
Sec. 2. Secretary defined.
Sec. 3. Severability.
Sec. 4. Authorization of appropriations.
Sec. 5. Termination.
Subtitle A--Imposition of Sanctions
Sec. 101. Imposition of sanctions.
Sec. 102. Definitions.
Subtitle B--Prohibition and Notification on Investments Relating to
Covered National Security Transactions
Sec. 111. Prohibition and notification on investments relating to
covered national security transactions.
Sec. 112. Review of and reporting on national security sensitive sites
for purposes of reviews of real estate
transactions by the Committee on Foreign
Investment in the United States.
Subtitle C--Securities and Related Matters
Sec. 121. Requirements relating to the Non-SDN Chinese Military-
Industrial Complex Companies List.
Sec. 122. Extension of filing deadline for certain pre-existing
reporting companies.
TITLE VI--MISCELLANEOUS
Sec. 601. Commodity Futures Trading Commission whistleblower program.
Sec. 602. Transfer and redesignation of the 121st fighter squadron of
the 113th wing, District of Columbia air
national guard.
Sec. 603. Public availability of reports on disaster assistance.
Sec. 604. Transfer of administrative jurisdiction over RFK Memorial
Stadium Campus to District of Columbia.
Sec. 605. Treatment of electronic services provided for House offices.
Sec. 606. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 607. Additional special assessment.
Sec. 608. National Cybersecurity Protection System Authorization.
DIVISION D--COMMERCE MATTERS
TITLE I--SECOND CHANCE REAUTHORIZATION ACT OF 2024
Sec. 101. Short title.
Sec. 102. Improvements to existing programs.
TITLE II--YOUTH POISONING PREVENTION
Sec. 201. Short title.
Sec. 202. Banning of products containing a high concentration of sodium
nitrite.
TITLE III--CONSUMER PRODUCT SAFETY STANDARD FOR CERTAIN BATTERIES
Sec. 301. Consumer product safety standard for certain batteries.
TITLE IV--FOREIGN ADVERSARY COMMUNICATIONS TRANSPARENCY ACT
Sec. 401. Short title.
Sec. 402. List of entities holding FCC authorizations, licenses, or
other grants of authority and having
certain foreign ownership.
TITLE V--PROMOTING RESILIENT SUPPLY CHAINS
Sec. 501. Short title.
Sec. 502. Additional responsibilities of Assistant Secretary of
Commerce for Industry and Analysis.
Sec. 503. Critical supply chain resilience working group.
Sec. 504. Department of Commerce capability assessment.
Sec. 505. No additional funds.
Sec. 506. Sunset.
Sec. 507. Definitions.
TITLE VI--DEPLOYING AMERICAN BLOCKCHAINS
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Department of Commerce leadership on blockchain.
Sec. 604. Reports to Congress.
TITLE VII--FUTURE NETWORKS ACT
Sec. 801. Short title.
Sec. 802. 6G task force.
Sec. 803. Termination of task force.
TITLE VIII--SECURE SPACE ACT OF 2024
Sec. 901. Short title.
Sec. 902. Prohibition on grant of certain satellite licenses, United
States market access, or earth station
authorizations.
TITLE IX--TAKE IT DOWN ACT
Sec. 1001. Short title.
Sec. 1002. Criminal prohibition on intentional disclosure of
nonconsensual intimate visual depictions.
Sec. 1003. Notice and removal of nonconsensual intimate visual
depictions.
Sec. 1004. Definitions.
Sec. 1005. Severability.
TITLE X--RURAL BROADBAND PROTECTION ACT OF 2024
Sec. 1101. Short title.
Sec. 1102. Vetting process for prospective high-cost universal service
fund applicants.
TITLE XI--AMERICAN MUSIC TOURISM
Sec. 1201. Short title.
Sec. 1202. Responsibilities of the Assistant Secretary of Commerce for
Travel and Tourism.
TITLE XII--INFORMING CONSUMERS ABOUT SMART DEVICES
Sec. 1301. Short title.
Sec. 1302. Required disclosure of a camera or recording capability in
certain internet-connected devices.
Sec. 1303. Enforcement by the Federal Trade Commission.
Sec. 1304. Definition of covered device.
Sec. 1305. Effective date.
TITLE XIII--SECURING SEMICONDUCTOR SUPPLY CHAINS ACT OF 2024
Sec. 1401. Short title.
Sec. 1402. SelectUSA defined.
Sec. 1403. Findings.
Sec. 1404. Coordination with State-level economic development
organizations.
Sec. 1405. Report on increasing foreign direct investment in
semiconductor-related manufacturing and
production.
Sec. 1406. No additional funds.
TITLE XIV--HOTEL FEES TRANSPARENCY ACT
Sec. 1601. Short title.
Sec. 1602. Prohibition on unfair and deceptive advertising of hotel
rooms and other short-term rental prices.
TITLE XV--TRANSPARENCY IN CHARGES FOR KEY EVENTS TICKETING
Sec. 1701. Short title.
Sec. 1702. All inclusive ticket price disclosure.
Sec. 1703. Speculative ticketing ban.
Sec. 1704. Disclosures.
Sec. 1705. Refund requirements.
Sec. 1706. Report by the Federal Trade Commission on BOTS Act of 2016
enforcement.
Sec. 1707. Enforcement.
Sec. 1708. Definitions.
TITLE XVI--ROUTERS ACT
Sec. 1801. Short title.
Sec. 1802. Study of national security risks posed by certain routers
and modems.
TITLE XVII--NTIA REAUTHORIZATION
Sec. 1901. Short title.
Sec. 1902. Definitions.
Subtitle A--Reauthorization
Sec. 1911. Reauthorization of the National Telecommunications and
Information Administration Organization
Act.
Sec. 1912. NTIA Consolidated Reporting Act.
Subtitle B--Office of Spectrum Management
Sec. 1921. Office of Spectrum Management.
Subtitle C--Office of International Affairs
Sec. 1931. Office of International Affairs.
DIVISION E--HEALTH
Sec. 1. Short title; table of contents.
TITLE I--MEDICAID
Sec. 101. Streamlined enrollment process for eligible out-of-state
providers under Medicaid and CHIP.
Sec. 102. Making certain adjustments to coverage of home or community-
based services under Medicaid.
Sec. 103. Removing certain age restrictions on Medicaid eligibility for
working adults with disabilities.
Sec. 104. Medicaid State plan requirement for determining residency and
coverage for military families.
Sec. 105. Ensuring the reliability of address information provided
under the Medicaid program.
Sec. 106. Codifying certain Medicaid provider screening requirements
related to deceased providers.
Sec. 107. Modifying certain State requirements for ensuring deceased
individuals do not remain enrolled.
Sec. 108. One-year delay of Medicaid and CHIP requirements for health
screenings, referrals, and case management
services for eligible juveniles in public
institutions; State interim work plans.
Sec. 109. State studies and HHS report on costs of providing maternity,
labor, and delivery services.
Sec. 110. Modifying certain disproportionate share hospital allotments.
Sec. 111. Modifying certain limitations on disproportionate share
hospital payment adjustments under the
Medicaid program.
Sec. 112. Ensuring accurate payments to pharmacies under Medicaid.
Sec. 113. Preventing the use of abusive spread pricing in Medicaid.
TITLE II--MEDICARE
Sec. 201. Extension of increased inpatient hospital payment adjustment
for certain low-volume hospitals.
Sec. 202. Extension of the Medicare-dependent hospital (MDH) program.
Sec. 203. Extension of add-on payments for ambulance services.
Sec. 204. Extending incentive payments for participation in eligible
alternative payment models.
Sec. 205. Temporary payment increase under the Medicare physician fee
schedule to account for exceptional
circumstances.
Sec. 206. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 207. Extension of funding outreach and assistance for low-income
programs.
Sec. 208. Extension of the work geographic index floor.
Sec. 209. Extension of certain telehealth flexibilities.
Sec. 210. Requiring modifier for use of telehealth to conduct face-to-
face encounter prior to recertification of
eligibility for hospice care.
Sec. 211. Extending acute hospital care at home waiver flexibilities.
Sec. 212. Enhancing certain program integrity requirements for DME
under Medicare.
Sec. 213. Guidance on furnishing services via telehealth to individuals
with limited English proficiency.
Sec. 214. In-home cardiopulmonary rehabilitation flexibilities.
Sec. 215. Inclusion of virtual diabetes prevention program suppliers in
MDPP Expanded Model.
Sec. 216. Medication-induced movement disorder outreach and education.
Sec. 217. Report on wearable medical devices.
Sec. 218. Extension of temporary inclusion of authorized oral antiviral
drugs as covered part D drugs.
Sec. 219. Extension of adjustment to calculation of hospice cap amount.
Sec. 220. Multiyear contracting authority for MedPAC and MACPAC.
Sec. 221. Contracting parity for MedPAC and MACPAC.
Sec. 222. Adjustments to Medicare part D cost-sharing reductions for
low-income individuals.
Sec. 223. Requiring Enhanced and Accurate Lists of (REAL) Health
Providers Act.
Sec. 224. Medicare coverage of multi-cancer early detection screening
tests.
Sec. 225. Medicare coverage of external infusion pumps and non-self-
administrable home infusion drugs.
Sec. 226. Assuring pharmacy access and choice for Medicare
beneficiaries.
Sec. 227. Modernizing and Ensuring PBM Accountability.
Sec. 228. Requiring a separate identification number and an attestation
for each off-campus outpatient department
of a provider.
Sec. 229. Medicare sequestration.
Sec. 230. Medicare improvement fund.
TITLE III--HUMAN SERVICES
Subtitle A--Reauthorize Child Welfare Services and Strengthen State and
Tribal Child Support Program
Sec. 301. Short title.
Part 1--Child Welfare Reauthorization and Modernization
Sec. 311. Short title; references.
Sec. 312. Reauthorization of child welfare programs.
Sec. 313. Enhancements to the court improvement program.
Sec. 314. Expanding regional partnership grants to address parental
substance use disorder as cause of child
removal.
Sec. 315. Modernization; reducing administrative burden.
Sec. 316. Streamlining funding for Indian tribes.
Sec. 317. Accelerating access to Family First prevention services.
Sec. 318. Strengthening support for youth aging out of foster care.
Sec. 319. Recognizing the importance of relative and kinship
caregivers.
Sec. 320. Avoiding neglect by addressing poverty.
Sec. 321. Strengthening support for caseworkers.
Sec. 322. Demonstration projects for improving relationships between
incarcerated parents and children in foster
care.
Sec. 323. Guidance to States on improving data collection and reporting
for youth in residential treatment
programs.
Sec. 324. Streamlining research, training, and technical assistance
funding.
Sec. 325. Report on post adoption and subsidized guardianship services.
Sec. 326. Effective date.
Part 2--Strengthening State and Tribal Child Support
Sec. 331. Short title.
Sec. 332. Improving the effectiveness of tribal child support
enforcement agencies.
Subtitle B--Other Matters
Sec. 341. Sexual risk avoidance education extension.
Sec. 342. Personal responsibility education extension.
Sec. 343. Extension of funding for family-to-family health information
centers.
TITLE IV--PUBLIC HEALTH EXTENDERS
Subtitle A--Extensions
Sec. 401. Extension for community health centers, National Health
Service Corps, and teaching health centers
that operate GME programs.
Sec. 402. Extension of special diabetes programs.
Subtitle B--World Trade Center Health Program
Sec. 411. 9/11 responder and survivor health funding corrections.
TITLE V--SUPPORT ACT REAUTHORIZATION
Sec. 501. Short title.
Subtitle A--Prevention
Sec. 511. Prenatal and postnatal health.
Sec. 512. Monitoring and education regarding infections associated with
illicit drug use and other risk factors.
Sec. 513. Preventing overdoses of controlled substances.
Sec. 514. Support for individuals and families impacted by fetal
alcohol spectrum disorder.
Sec. 515. Promoting state choice in PDMP systems.
Sec. 516. First responder training program.
Sec. 517. Donald J. Cohen National Child Traumatic Stress Initiative.
Sec. 518. Protecting suicide prevention lifeline from cybersecurity
incidents.
Sec. 519. Bruce's law.
Sec. 520. Guidance on at-home drug disposal systems.
Sec. 521. Assessment of opioid drugs and actions.
Sec. 522. Grant program for State and Tribal response to opioid use
disorders.
Subtitle B--Treatment
Sec. 531. Residential treatment program for pregnant and postpartum
women.
Sec. 532. Improving access to addiction medicine providers.
Sec. 533. Mental and behavioral health education and training grants.
Sec. 534. Loan repayment program for substance use disorder treatment
workforce.
Sec. 535. Development and dissemination of model training programs for
substance use disorder patient records.
Sec. 536. Task force on best practices for trauma-informed
identification, referral, and support.
Sec. 537. Grants to enhance access to substance use disorder treatment.
Sec. 538. State guidance related to individuals with serious mental
illness and children with serious emotional
disturbance.
Sec. 539. Reviewing the scheduling of approved products containing a
combination of buprenorphine and naloxone.
Subtitle C--Recovery
Sec. 541. Building communities of recovery.
Sec. 542. Peer support technical assistance center.
Sec. 543. Comprehensive opioid recovery centers.
Sec. 544. Youth prevention and recovery.
Sec. 545. CAREER Act.
Sec. 546. Addressing economic and workforce impacts of the opioid
crisis.
Subtitle D--Miscellaneous Matters
Sec. 551. Delivery of a controlled substance by a pharmacy to a
prescribing practitioner.
Sec. 552. Technical correction on controlled substances dispensing.
Sec. 553. Required training for prescribers of controlled substances.
Sec. 554. Extension of temporary order for fentanyl-related substances.
TITLE VI--PANDEMIC AND ALL-HAZARDS PREPAREDNESS AND RESPONSE
Sec. 601. Short title.
Subtitle A--State and Local Readiness and Response
Sec. 611. Temporary reassignment of State and local personnel during a
public health emergency.
Sec. 612. Public Health Emergency Preparedness program.
Sec. 613. Hospital Preparedness Program.
Sec. 614. Facilities and capacities of the Centers for Disease Control
and Prevention to combat public health
security threats.
Sec. 615. Pilot program to support State medical stockpiles.
Sec. 616. Enhancing domestic wastewater surveillance for pathogen
detection.
Sec. 617. Reauthorization of Mosquito Abatement for Safety and Health
program.
Subtitle B--Federal Planning and Coordination
Sec. 621. All-Hazards Emergency Preparedness and Response.
Sec. 622. National Health Security Strategy.
Sec. 623. Improving development and distribution of diagnostic tests.
Sec. 624. Combating antimicrobial resistance.
Sec. 625. Strategic National Stockpile and material threats.
Sec. 626. Medical countermeasures for viral threats with pandemic
potential.
Sec. 627. Public Health Emergency Medical Countermeasures Enterprise.
Sec. 628. Fellowship and training programs.
Sec. 629. Regional biocontainment research laboratories.
Sec. 629A. Limitation related to countries of concern conducting
certain research.
Subtitle C--Addressing the Needs of All Individuals
Sec. 631. Improving access to certain programs.
Sec. 632. Supporting at-risk individuals during emergency responses.
Sec. 633. National advisory committees.
Sec. 634. National Academies study on prizes.
Subtitle D--Additional Reauthorizations
Sec. 641. Medical countermeasure priority review voucher.
Sec. 642. Epidemic Intelligence Service.
Sec. 643. Monitoring and distribution of certain medical
countermeasures.
Sec. 644. Regional health care emergency preparedness and response
systems.
Sec. 645. Emergency system for advance registration of volunteer health
professionals.
Sec. 646. Ensuring collaboration and coordination in medical
countermeasure development.
Sec. 647. Military and civilian partnership for trauma readiness.
Sec. 648. National Disaster Medical System.
Sec. 649. Volunteer Medical Reserve Corps.
Sec. 649A. Epidemiology-laboratory capacity.
TITLE VII--PUBLIC HEALTH PROGRAMS
Sec. 701. Action for dental health.
Sec. 702. PREEMIE.
Sec. 703. Preventing maternal deaths.
Sec. 704. Sickle cell disease prevention and treatment.
Sec. 705. Traumatic brain injuries.
Sec. 706. Lifespan respite care.
Sec. 707. Dr. Lorna Breen health care provider protection.
Sec. 708. Gabriella Miller kids first research.
Sec. 709. SCREENS for Cancer.
Sec. 710. DeOndra Dixon INCLUDE Project.
Sec. 711. IMPROVE Initiative.
Sec. 712. Organ Procurement and Transplantation Network.
Sec. 713. Honor Our Living Donors.
Sec. 714. Program for pediatric studies of drugs.
TITLE VIII--FOOD AND DRUG ADMINISTRATION
Subtitle A--Give Kids a Chance
Sec. 801. Research into pediatric uses of drugs; additional authorities
of Food and Drug Administration regarding
molecularly targeted cancer drugs.
Sec. 802. Ensuring completion of pediatric study requirements.
Sec. 803. FDA report on PREA enforcement.
Sec. 804. Extension of authority to issue priority review vouchers to
encourage treatments for rare pediatric
diseases.
Sec. 805. Limitations on exclusive approval or licensure of orphan
drugs.
Subtitle B--United States-Abraham Accords Cooperation and Security
Sec. 811. Establishment of Abraham Accords Office within Food and Drug
Administration.
TITLE IX--LOWERING PRESCRIPTION DRUG COSTS
Sec. 901. Oversight of pharmacy benefit management services.
Sec. 902. Full rebate pass through to plan; exception for innocent plan
fiduciaries.
Sec. 903. Increasing transparency in generic drug applications.
Sec. 904. Title 35 amendments.
TITLE X--MISCELLANEOUS
Sec. 1001. Two-year extension of safe harbor for absence of deductible
for telehealth.
Sec. 1002. Eligibility for FEHBP enrollment for Members of Congress.
DIVISION F--A STRONGER WORKFORCE FOR AMERICA ACT
Sec. 1. Short title; table of contents.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Table of contents amendments.
Subtitle B--System Alignment
Chapter 1--State Provisions
Sec. 111. State workforce development board.
Sec. 112. Unified State plan.
Chapter 2--Local Provisions
Sec. 115. Workforce development areas.
Sec. 116. Local workforce development boards.
Sec. 117. Local plan.
Chapter 3--Performance Accountability
Sec. 119. Performance accountability system.
Subtitle C--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers of training services.
Sec. 123. Eligible providers of youth workforce investment activities.
Chapter 2--Youth Workforce Investment Activities
Sec. 131. Reservations; Reallocation.
Sec. 132. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 141. State allotments.
Sec. 142. Reservations for State activities; within State allocations;
Reallocation.
Sec. 143. Use of funds for employment and training activities.
Chapter 4--General Workforce Investment Provisions
Sec. 145. Authorization of appropriations.
Subtitle D--Job Corps
Sec. 151. Purposes.
Sec. 152. Definitions.
Sec. 153. Individuals eligible for the Job Corps.
Sec. 154. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 155. Job Corps Campuses.
Sec. 156. Program activities.
Sec. 157. Counseling and job placement.
Sec. 158. Support.
Sec. 159. Operations.
Sec. 160. Standards of conduct.
Sec. 161. Community participation.
Sec. 162. Workforce councils.
Sec. 163. Advisory committees.
Sec. 164. Experimental projects and technical assistance.
Sec. 165. Special provisions.
Sec. 166. Management information.
Sec. 167. Job Corps oversight and reporting.
Sec. 168. Authorization of appropriations.
Sec. 169. Conforming amendments.
Subtitle E--National Programs
Sec. 171. Native American programs.
Sec. 172. Migrant and seasonal farmworker programs.
Sec. 173. Technical assistance.
Sec. 174. Evaluations and research.
Sec. 175. National dislocated worker grants.
Sec. 176. YouthBuild Program.
Sec. 177. Reentry employment opportunities.
Sec. 178. Youth apprenticeship readiness grant program.
Sec. 179. Strengthening community colleges grant program.
Sec. 180. Authorization of appropriations.
Subtitle F--Administration
Sec. 191. Requirements and restrictions.
Sec. 192. Monitoring.
Sec. 193. Fiscal controls; sanctions.
Sec. 194. Administrative adjudication.
Sec. 195. Judicial review.
Sec. 196. General waivers of statutory or regulatory requirements.
Sec. 197. State flexibility pilot authority.
Sec. 198. General program requirements.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Special rule.
Sec. 205. Performance accountability system.
Sec. 206. Matching requirement.
Sec. 207. State leadership activities.
Sec. 208. Programs for corrections education and other
institutionalized individuals.
Sec. 209. Grants and contracts for eligible providers.
Sec. 210. Local application.
Sec. 211. Local administrative cost limits.
Sec. 212. National leadership activities.
Sec. 213. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
Sec. 302. Job training grants.
Sec. 303. Access to National Directory of New Hires.
Sec. 304. References to other laws.
TITLE IV--DEPARTMENT OF LABOR TECHNICAL ASSISTANCE
Sec. 401. Technical assistance for transforming to competitive
integrated employment.
TITLE V--GENERAL PROVISIONS
Sec. 501. Report on data capability and interoperability of Federal and
State databases and data exchange
agreements.
Sec. 502. Effective dates; transition authority.
DIVISION G--OLDER AMERICANS ACT REAUTHORIZATION ACT OF 2024
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Definitions.
TITLE I--STRENGTHENING THE AGING NETWORK TO MEET THE NEEDS OF OLDER
INDIVIDUALS
Sec. 101. Declaration of objectives.
Sec. 102. Addressing mental health and substance use disorders and
cognitive impairments of older individuals.
Sec. 103. List of national resource centers.
Sec. 104. Awareness of relevant Federal programs.
Sec. 105. Evaluations and surveys.
Sec. 106. Contracting.
Sec. 107. Guidance on reallocation of funding between area agencies on
aging.
Sec. 108. Right to first refusal.
Sec. 109. Area agency on aging capabilities.
Sec. 110. Supporting older individuals with disabilities through
improved coordination.
Sec. 111. Business acumen, fiscal training, and technical assistance.
Sec. 112. Enhancing access to assistive technology.
Sec. 113. White House Conference on Aging.
Sec. 114. Technical amendments.
TITLE II--IMPROVING HEALTH OUTCOMES AND ENCOURAGING INDEPENDENCE FOR
OLDER INDIVIDUALS
Sec. 201. Disease prevention and health promotion services.
Sec. 202. Improving health outcomes.
Sec. 203. Technical assistance on evidence-based programs.
Sec. 204. Enhancing multipurpose senior centers.
Sec. 205. Addressing home modifications.
Sec. 206. National resource center for engaging older adults.
Sec. 207. Multigenerational and civic engagement activities.
Sec. 208. Report relating to health outcomes for older individuals
living with or near family members.
Sec. 209. Improving broadband coordination and reducing social
isolation.
TITLE III--ENHANCING INNOVATION AND FLEXIBILITY IN NUTRITION SERVICES
Sec. 301. Medically tailored meals.
Sec. 302. Grab-and-go meals.
Sec. 303. GAO study on Nutrition Services Incentive Program.
Sec. 304. Innovations in nutrition programs and services.
TITLE IV--SUPPORTING FAMILY CAREGIVERS
Sec. 401. Improving the National Family Caregiver Support Program.
Sec. 402. Emphasizing respite care.
Sec. 403. Clarifying supportive services.
Sec. 404. Direct care workforce resource center.
Sec. 405. Supporting Grandparents Raising Grandchildren Act.
Sec. 406. RAISE Family Caregivers Act.
TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT
Sec. 501. Improving the Community Service Employment Program.
Sec. 502. GAO report on alignment within the Community Service
Employment Program.
TITLE VI--IMPROVING SERVICES FOR NATIVE ELDERS
Sec. 601. Older Americans Tribal Advisory Committee.
Sec. 602. Supportive services; set aside.
Sec. 603. GAO report on Tribal services.
Sec. 604. Technical amendments.
TITLE VII--STRENGTHENING THE LONG-TERM CARE OMBUDSMAN PROGRAMS AND
ELDER ABUSE PREVENTION
Sec. 701. Director of the Office of Long-Term Care Ombudsman Programs.
Sec. 702. Legal assistance training resources relating to elder abuse
prevention.
Sec. 703. Improving training of volunteers under the State Long-Term
Care Ombudsman Program.
Sec. 704. Reporting on State Long-Term Care Ombudsman Programs.
Sec. 705. Study on State Long-Term Care Ombudsman Programs.
TITLE VIII--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 801. Administration on Aging.
Sec. 802. Grants for State and community programs on aging.
Sec. 803. Activities for health, independence, and longevity.
Sec. 804. Community Service Senior Opportunities Act.
Sec. 805. Grants for Native Americans.
Sec. 806. Allotments for elder rights protection activities.
DIVISION H--EXTENSION OF AGRICULTURAL PROGRAM
Sec. 1. Extension of agricultural programs.
Sec. 2. Rescissions.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2025
Sec. 101. The Continuing Appropriations Act, 2025 (division A of
Public Law 118-83) is amended--
(1) in section 101(9), by striking ``, and including
section 7 in the matter preceding division A of Public Law 118-
47'';
(2) by striking the date specified in section 106(3) and
inserting ``March 14, 2025'';
(3) in section 126 to read as follows:
``Sec. 126. Notwithstanding section 101, amounts are provided for
`District of Columbia--Federal Payment for Emergency Planning and
Security Costs in the District of Columbia' at a rate for operations of
$90,000,000, of which not less than $50,000,000 shall be for costs
associated with the Presidential Inauguration to be held in January
2025: Provided, That such amounts may be apportioned up to the rate for
operations necessary to maintain emergency planning and security
activities.''; and
(4) by adding after section 152 the following new sections:
``Sec. 153. Amounts made available by section 101 for `Department
of Commerce--National Oceanic and Atmospheric Administration--
Procurement, Acquisition and Construction' may be apportioned up to the
rate for operations necessary to maintain the acquisition schedule for
Geostationary Earth Orbit in an amount not to exceed $625,000,000.
``Sec. 154. Amounts made available by section 101 for `Department
of Justice--Justice Operations, Management and Accountability--Justice
Information Sharing Technology' may be apportioned up to the rate for
operations necessary to carry out proactive vulnerability detection and
penetration testing activities.
``Sec. 155. In addition to amounts otherwise provided by section
101, there is appropriated to the Department of Justice for `Federal
Bureau of Investigation--Salaries and Expenses', $16,668,000, for an
additional amount for fiscal year 2025, to remain available until
September 30, 2026, to conduct risk reduction and modification of
National Security Systems: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
``Sec. 156. (a) Amounts made available by section 101 to the
Department of Defense for `Procurement--Shipbuilding and Conversion,
Navy', may be apportioned up to the rate for operations necessary for
`Columbia Class Submarine (AP)' in an amount not to exceed
$5,996,130,000.
``(b) Amounts made available by section 101 to the Department of
Defense for `Procurement--Shipbuilding and Conversion, Navy' may be
apportioned up to the rate for operations necessary for `Columbia Class
Submarine' in an amount not to exceed $2,922,300,000.
``Sec. 157. (a) In addition to amounts otherwise provided by
section 101, there is appropriated to the Department of Defense for
`Procurement--Shipbuilding and Conversion, Navy', $5,691,000,000, for
an additional amount for fiscal year 2025, to remain available until
September 30, 2029, for the Virginia Class Submarine program and for
workforce wage and non-executive salary improvements for other nuclear-
powered vessel programs: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
``(b) Amounts appropriated by subsection (a) may be used to
incrementally fund contract obligations for the improvement of
workforce wages and non-executive level salaries on new or existing
contracts pertaining to the Virginia Class Submarine program or to
other nuclear-powered vessel programs.
``Sec. 158. In addition to amounts otherwise provided by section
101, there is appropriated to the Department of Defense for `Operation
and Maintenance--Defense-Wide', $913,440,000, for an additional amount
for fiscal year 2025, to remain available until September 30, 2026, to
conduct risk reduction and modification of National Security Systems:
Provided, That the amount provided by this section may be transferred
to accounts under the headings `Operation and Maintenance',
`Procurement', and `Research, Development, Test and Evaluation':
Provided further, That funds transferred pursuant to the preceding
proviso shall be merged with and available for the same purpose and for
the same time period as the appropriations to which the funds are
transferred: Provided further, That any transfer authority provided
herein is in addition to any other transfer authority provided by law:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
``Sec. 159. (a) Amounts made available by section 101 for
`Department of Energy--Atomic Energy Defense Activities--Environmental
and Other Defense Activities--Other Defense Activities' may be
apportioned up to the rate for operations necessary to sustain
specialized security activities.
``(b) The Director of the Office of Management and Budget and the
Secretary of Energy shall notify the Committees on Appropriations of
the House of Representatives and the Senate not later than 3 days after
each use of the authority provided in subsection (a).
``Sec. 160. In addition to amounts otherwise provided by section
101, there is appropriated to the Department of Energy for `Atomic
Energy Defense Activities--Environmental and Other Defense Activities--
Other Defense Activities', $1,750,000, for an additional amount for
fiscal year 2025, to remain available until September 30, 2026, to
conduct risk reduction and modification of National Security Systems:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
``Sec. 161. During the period covered by this Act, section
10609(a) of the Northwestern New Mexico Rural Water Projects Act
(subtitle B of title X of Public Law 111-11) shall be applied by
substituting `$1,640,000,000' for `$870,000,000' and `2025' for `2024'.
``Sec. 162. In addition to amounts otherwise provided by section
101, there is appropriated to the Department of the Treasury for
`Departmental Offices--Office of Terrorism and Financial Intelligence--
Salaries and Expenses', $908,000, for an additional amount for fiscal
year 2025, to remain available until September 30, 2026, to conduct
risk reduction and modification of National Security Systems: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
``Sec. 163. Section 302 of title III of Public Law 108-494 shall
be applied by substituting the date specified in section 106(3) of this
Act for `December 31, 2024' each place it appears.
``Sec. 164. (a) Notwithstanding section 101, section 747 of title
VII of division B of Public Law 118-47 shall be applied through the
date specified in section 106(3) of this Act by--
``(1) substituting `2024' for `2023' each place it appears;
``(2) substituting `2025' for `2024' each place it appears;
``(3) substituting `2026' for `2025'; and
``(4) substituting `section 747 of division B of Public Law
118-47, as in effect on September 30, 2024' for `section 747 of
division E of Public Law 117-328' each place it appears.
``(b) Subsection (a) shall not take effect until the first day of
the first applicable pay period beginning on or after January 1, 2025.
``Sec. 165. Amounts made available by section 101 for `Department
of Education--Student Aid Administration' may be apportioned up to the
rate for operations necessary to ensure the continuation of student
loan servicing activities and student aid application and eligibility
determination processes.
``Sec. 166. During the period covered by this Act, section 123 of
division A of Public Law 118-42 and the provisions carrying the same
restriction in prior Acts making appropriations to the Department of
Defense for military construction shall not apply to unobligated
balances from prior year appropriations made available under the
heading `Department of Defense--Military Construction, Army' and such
balances may be obligated for an access road project at Arlington
National Cemetery.
``Sec. 167. (a) Notwithstanding section 101, the second proviso
under the heading `Department of Veterans Affairs--Veterans Health
Administration--Medical Services' shall not apply during the period
covered by this Act.
``(b) Notwithstanding section 101, the second proviso under the
heading `Department of Veterans Affairs--Veterans Health
Administration--Medical Community Care' shall not apply during the
period covered by this Act.
``(c) Notwithstanding section 101, the second proviso under the
heading `Department of Veterans Affairs--Veterans Health
Administration--Medical Support and Compliance' shall not apply during
the period covered by this Act.
``Sec. 168. Notwithstanding section 101, the fifth and sixth
provisos under the heading `Millennium Challenge Corporation' in
division F of Public Law 118-47 shall be applied by substituting
`December 31, 2025' for `December 31, 2024' each place it appears.
``Sec. 169. Amounts made available by section 101 for `Department
of Transportation--Federal Aviation Administration--Operations' may be
apportioned up to the rate for operations necessary to fund mandatory
pay increases and other inflationary adjustments, to maintain and
improve air traffic services, to hire and train air traffic
controllers, and to continue aviation safety oversight, while avoiding
service reductions.''.
This division may be cited as the ``Further Continuing
Appropriations Act, 2025''.
DIVISION B--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2025
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2025, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
office of the secretary
For an additional amount for ``Office of the Secretary'',
$30,780,000,000, to remain available until expended, for necessary
expenses related to losses of revenue, quality or production of crops
(including milk, on-farm stored commodities, crops prevented from
planting, and harvested adulterated wine grapes), trees, bushes, and
vines, as a consequence of droughts, wildfires, hurricanes, floods,
derechos, excessive heat, tornadoes, winter storms, freeze, including a
polar vortex, smoke exposure, and excessive moisture occurring in
calendar years 2023 and 2024 under such terms and conditions as
determined by the Secretary of Agriculture (referred to in this title
as ``Secretary''): Provided, That of the amounts provided in this
paragraph under this heading in this Act, the Secretary shall use up to
$2,000,000,000 to provide assistance to producers of livestock, as
determined by the Secretary, for losses incurred during calendar years
2023 and 2024 due to drought, wildfires, or floods: Provided further,
That the Secretary may provide assistance for such losses in the form
of block grants to eligible States and territories and such assistance
may include compensation to producers, as determined by the Secretary,
for timber (including payments to non-Federal forest landowners),
citrus, pecan, and poultry (including infrastructure) losses, and for
agricultural producers who have suffered losses due to the failure of
Mexico to deliver water to the United States in accordance with the
1944 Water Treaty: Provided further, That of the amounts provided under
this heading in this Act, the Secretary shall offer individualized
technical assistance to interested non-insured producers to help them
apply for assistance made available under this heading: Provided
further, That of the amounts made available under this paragraph under
this heading in this Act, the Secretary may use up to $30,000,000, for
reimbursement for administrative and operating expenses available for
crop insurance contracts for 2022 and 2023 reinsurance years in a
manner consistent with Section 771 of the Consolidated Appropriations
Act, 2023 (Public Law 117-328): Provided further, That of the amounts
made available under this paragraph under this heading in this Act, and
without regard to 44 U.S.C. 3501 et. seq., the Secretary shall use
$3,000,000 to carry out regular testing for the purposes of verifying
and validating the methodology and protocols of the inspection of
molasses at any United States ports of entry, including whether the
molasses meets each statutory requirement without the use of additives
or blending, relevant definitional explanatory notes, and each property
typical of molasses in the United States as directed in Senate Report
118-193: Provided further, That at the election of a processor eligible
for a loan under section 156 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7272) or a cooperative processor of dairy,
the Secretary shall make payments for losses in 2023 and 2024 to such
processors (to be paid to producers, as determined by such processors)
in lieu of payments to producers and under the same terms and
conditions as payments made to processors pursuant to title I of the
Additional Supplemental Appropriations for Disaster Relief Act, 2019
(Public Law 116-20) under the heading ``Department of Agriculture--
Agricultural Programs--Processing, Research and Marketing--Office of
the Secretary'', as last amended by section 791(c) of title VII of
division B of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94): Provided further, That notwithstanding section 760.1503(j)
of title 7, Code of Federal Regulations, in the event that a processor
described in the preceding proviso does not elect to receive payments
under such clause, the Secretary shall make direct payments to
producers under this heading in this Act: Provided further, That the
total amount of payments received under this paragraph under this
heading in this Act for producers who did not obtain a policy or plan
of insurance for an insurable commodity for the applicable crop year
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the
crop incurring the losses or did not file the required paperwork and
pay the service fee by the applicable State filing deadline for a
noninsurable commodity for the applicable crop year under Noninsured
Crop Disaster Assistance Program for the crop incurring the losses
shall not exceed 70 percent of the loss as determined by the Secretary,
except the Secretary shall provide payments not to exceed 90 percent of
the producer's revenue losses as determined by the Secretary if the
Secretary determines a de minimis amount of a producer's revenue loss
is attributable to crops for which the producer did not insure or
obtain Noninsured Crop Disaster Assistance Program coverage: Provided
further, That the amount provided in this paragraph under this heading
in this Act shall be subject to the terms and conditions set forth in
the first, second, sixth, seventh, eighth, ninth, tenth, and 12th
provisos under this heading in title I of the Disaster Relief
Supplemental Appropriations Act, 2022 (division B of Public Law 117-
43), except that such ninth proviso under such heading shall be applied
by substituting ``2023 and 2024'' for ``2020 and 2021'' and the
Secretary shall apply a separate payment limit for economic assistance
payments: Provided further, That not later than 120 days after the
enactment of this Act, and for each fiscal quarter thereafter until the
amounts provided under this heading in this Act are expended, the
Secretary shall report to the Committees on Appropriations of the House
of Representatives and the Senate on the implementation of any programs
provided for under this heading in this Act specifying the type,
amount, and method of such assistance by State and territory: Provided
further, That of the amounts provided in this paragraph,
$10,000,000,000 shall be made available for the Secretary to make
economic assistance available pursuant to section 2102 of this title in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
For an additional amount for ``Office of the Secretary'',
$220,000,000, to remain available until expended, for the Secretary to
provide assistance in the form of block grants to eligible States to
provide compensation to producers for necessary expenses related to
crop, timber, and livestock losses, including on-farm infrastructure,
as a consequence of any weather event in 2023 or 2024 that a State, in
its sole discretion, determines warrants such relief: Provided, That
eligible States are those States with a net farm income for 2023 of
less than $250,000,000, as recorded in the data in the Economic
Research Service publication ``Farm Income and Wealth Statistics'' as
of December 3, 2024, and fewer than eight thousand farms and an average
farm size of fewer than one thousand acres per farm, as recorded in the
National Agricultural Statistics Service publication ``Farms and Land
in Farms 2023 Summary (February, 2024)'': Provided further, That the
Secretary shall work with eligible States on any necessary terms and
conditions of the block grants, fully taking in account the needs of
each State: Provided further, That any such terms and conditions may
not impose additional costs on producers: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$7,500,000, to remain available until expended, for audits,
investigations, and other oversight of projects and activities carried
out with funds made available to the Department of Agriculture in this
Act: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$42,500,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
FARM PRODUCTION AND CONSERVATION PROGRAMS
Farm Service Agency
emergency forest restoration program
For an additional amount for ``Emergency Forest Restoration
Program'', $356,535,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
emergency conservation program
For an additional amount for ``Emergency Conservation Program'',
$828,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Natural Resources Conservation Service
emergency watershed protection program
For an additional amount for ``Emergency Watershed Protection
Program'' for necessary expenses for the Emergency Watershed Protection
Program, $920,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
Rural Development Disaster Assistance Fund
For an additional amount for the ``Rural Development Disaster
Assistance Fund'' as authorized under section 6945 of title 7, United
States Code, as amended by this Act, $362,500,000, to remain available
until expended: Provided, That section 6945(b) of title 7, United
States Code, shall apply to amounts provided under this heading in this
Act: Provided further, That amounts provided under this heading in this
Act may not be transferred pursuant to section 2257 of title 7, United
States Code: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
DOMESTIC FOOD PROGRAMS
Food and Nutrition Service
commodity assistance program
For an additional amount for ``Commodity Assistance Program'' for
the emergency food assistance program as authorized by section 27(a) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7508(a)(1)), $25,000,000, to remain available until September 30, 2026:
Provided, That such funds shall be for infrastructure needs related to
the consequences of a major disaster declaration pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) in calendar years 2023 and 2024: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 2101. Section 10101 of the Disaster Relief and Recovery
Supplemental Appropriations Act, 2008 (division B of Public Law 110-
329; 7 U.S.C. 6945) is amended--
(1) in subsection (b)--
(A) in the first sentence--
(i) by striking ``for authorized
activities'' and inserting ``, in the form of
loans, grants, loan guarantees, or cooperative
agreements, for any authorized activity'';
(ii) by striking ``or'' between
``President'' and ``the Secretary of
Agriculture'' and inserting a comma; and
(iii) by inserting after ``the Secretary of
Agriculture'' the following: ``, or the
Governor of a State or Territory'';
(B) in the second sentence, inserting after ``to
carry out the activity'', the following: ``, but shall
not be limited to the original form of assistance, if
any''; and
(C) by inserting after the first sentence, as so
amended, the following: ``The cost of such direct and
guaranteed loans, including the cost of modifying
loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.''; and
(2) in subsection (c), to read as follows--
``(c) Waiver of Activity or Project Limitations.--For any activity
or project for which amounts in the Rural Development Disaster
Assistance Fund will be obligated under subsection (b)--
``(1) the Secretary of Agriculture may waive any limits on
population, income, age, and duplication with respect to
replacement of damaged or destroyed utilities, or cost-sharing
otherwise applicable, except that, if the amounts proposed to
be obligated in connection with the disaster would exceed the
amount specified in subsection (h), the notification required
by that subsection shall include information and justification
with regard to any waivers to be granted under this subsection;
``(2) the Secretary of Agriculture may use alternative
sources of income data provided by local, regional, State, or
Federal government sources to determine program eligibility;
and
``(3) with respect to grants authorized by 7 U.S.C.
1926(a)(19), the Secretary of Agriculture shall not require the
applicant to demonstrate that it is unable to finance the
proposed project from its own resources, or through commercial
credit at reasonable rates and terms, or other funding sources
without grant assistance.''.
(3) Amounts provided by this section are designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 2102. (a)(1) With respect to the 2024 crop year, if the
Secretary determines that the expected gross return per acre for an
eligible commodity determined under paragraph (2) is less than the
expected cost of production per acre for that eligible commodity
determined under paragraph (3), the Secretary shall, not later than 90
days after the date of enactment of this Act, make a 1-time economic
assistance payment to each producer of that eligible commodity during
that crop year.
(2) The expected gross return per acre for an eligible
commodity referred to in paragraph (1) shall be equal to--
(A) in the case of wheat, corn, grain sorghum,
barley, oats, cotton, rice, and soybeans, the product
obtained by multiplying--
(i) the projected average farm price for
the applicable eligible commodity for the 2024-
2025 marketing year contained in the most
recent World Agricultural Supply and Demand
Estimates published before the date of
enactment of this Act by the World Agricultural
Outlook Board; and
(ii) the national average harvested yield
per acre for the applicable eligible commodity
for the most recent 10 crop years, as
determined by the Secretary; and
(B) in the case of each eligible commodity not
specified in subparagraph (A), a comparable estimate of
gross returns, as determined by the Secretary.
(3) The expected cost of production per acre for an
eligible commodity referred to in paragraph (1) shall be equal
to--
(A) in the case of wheat, corn, grain sorghum,
barley, oats, cotton, rice, and soybeans, the total
costs listed for the 2024 crop year with respect to the
applicable eligible commodity contained in the most
recent data product entitled ``national average cost-
of-production forecasts for major U.S. field crops''
published by the Economic Research Service; and
(B) in the case of each eligible commodity not
specified in subparagraph (A), a comparable total
estimated cost-of-production, as determined by the
Secretary.
(4)(A) The amount of an economic assistance payment to a
producer for an eligible commodity under paragraph (1) shall be
equal to 26 percent of the product obtained by multiplying--
(i) the economic loss for that eligible
commodity determined under subparagraph (B);
and
(ii) the eligible acres of that eligible
commodity on the farm determined under
subparagraph (C).
(B) For purposes of subparagraph (A)(i), the
economic loss for an eligible commodity shall be equal
to the difference between--
(i) the expected cost of production per
acre for that eligible commodity, as determined
under paragraph (3); and
(ii) the expected gross return per acre for
that eligible commodity, as determined under
paragraph (2).
(C) For purposes of subparagraph (A)(ii), the
eligible acres of an eligible commodity on a farm shall
be equal to the sum obtained by adding--
(i) the acreage planted on the farm to that
eligible commodity for harvest, grazing,
haying, silage, or other similar purposes for
the 2024 crop year; and
(ii) an amount equal to 50 percent of the
acreage on the farm that was prevented from
being planted during the 2024 crop year to that
eligible commodity because of drought, flood,
or other natural disaster, or other condition
beyond the control of the producers on the
farm, as determined by the Secretary.
(D) For purposes of subparagraph (C)(i), the
Secretary shall consider acreage planted to include any
land devoted to planted acres for accepted skip-row
planting patterns, as determined by the Secretary.
(E) If the Secretary determines there is
insufficient data to determine the comparable estimate
of gross returns with respect to an eligible commodity
under paragraph (2)(B) or a comparable total estimated
cost-of-production with respect to an eligible
commodity under paragraph (3)(B), the Secretary shall
use data related to a similarly situated commodity for
purposes of determining the payment amount under this
paragraph.
(5) In no case shall the amount of an economic assistance
payment to a producer for an eligible commodity under paragraph
(1) be equal to less than the product obtained by multiplying--
(A) 8 percent of the reference price for the
eligible commodity described in section 1111(19) of the
Agricultural Act of 2014 (7 U.S.C. 9011(19));
(B) the national average payment yield for the
eligible commodity described in section 1111(15) of
that Act (7 U.S.C. 9011(15)); and
(C) the number of eligible acres for the eligible
commodity described in paragraph (4)(C).
(b)(1) Except as provided in paragraph (2), sections 1001, 1001A,
1001B, and 1001C of the Food Security Act of 1985 (7 U.S.C. 1308, 1308-
1, 1308-2, 1308-3) shall apply with respect to assistance provided
under this section.
(2) The total amount of payments received, directly or
indirectly, by a person or legal entity (except a joint venture
or general partnership) under this section may not exceed--
(A) $125,000, if less than 75 percent of the
average gross income of the person or legal entity for
the 2020, 2021, and 2022 tax years is derived from
farming, ranching, or silviculture activities; and
(B) $250,000, if not less than 75 percent of the
average gross income of the person or legal entity for
the 2020, 2021, and 2022 tax years is derived from
farming, ranching, or silviculture activities.
(3) The payment limitations under paragraph (2) shall be
separate from annual payment limitations under any other
program.
(c) In this section:
(1) The terms ``extra-long staple cotton'' and ``producer''
have the meanings given those terms in section 1111 of the
Agricultural Act of 2014 (7 U.S.C. 9011).
(2) The term ``cotton'' means extra-long staple cotton and
upland cotton.
(3)(A) The term ``eligible commodity'' means a loan
commodity (as defined in section 1201(a) of the Agricultural
Act of 2014 (7 U.S.C. 9031(a)).
(B) The term ``eligible commodity'' does not
include graded wool, nongraded wool, mohair, or honey.
(4) The terms ``legal entity'' and ``person'' have the
meanings given those terms in section 1001(a) of the Food
Security Act of 1985 (7 U.S.C. 1308(a)).
(5) The term ``rice'' means long grain rice and medium
grain rice.
(6) The term ``Secretary'' means the Secretary of
Agriculture.
(d) Amounts provided by this section are designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
For an additional amount for ``Economic Development Assistance
Programs'', $1,510,000,000, to remain available until expended,
pursuant to sections 209 and 703 of the Public Works and Economic
Development Act (42 U.S.C. 3149 and 3233), for economic adjustment
assistance related to flood mitigation, disaster relief, long-term
recovery, and restoration of infrastructure in areas that received a
major disaster designation as a result of hurricanes, wildfires, severe
storms and flooding, tornadoes, and other natural disasters occurring
in calendar years 2023 and 2024 under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided,
That within the amount appropriated under this heading in this Act, up
to 3 percent of funds may be transferred to ``Salaries and Expenses''
for administration and oversight activities: Provided further, That
within the amount appropriated under this heading in this Act,
$10,000,000 shall be transferred to the Delta Regional Authority (7
U.S.C. 2009aa et seq.): Provided further, That the Delta Regional
Authority shall notify the Committees on Appropriations of the House of
Representatives and the Senate 15 days prior to the obligation of the
amounts made available under the preceding proviso: Provided further,
That the Secretary of Commerce is authorized to appoint and fix the
compensation of such temporary personnel as may be necessary to
implement the requirements under this heading in this Act, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service: Provided further, That within
the amount appropriated under this heading in this Act, $7,000,000
shall be transferred to ``Departmental Management--Office of Inspector
General'' for carrying out investigations and audits related to the
funding provided under this heading in this Act: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
hurricanes, typhoons, flooding, wildfires, and other disasters in
calendar years 2023 and 2024, $244,000,000, to remain available until
September 30, 2026, as follows:
(1) $144,000,000 for repair and replacement of observing
assets, real property, and equipment; for marine debris
assessment and removal; and for mapping, charting, and geodesy
services; and
(2) $100,000,000 for necessary expenses related to the
consequences of tornadoes, hurricanes, typhoons, flooding, and
wildfires in calendar year 2024;
Provided, That the National Oceanic and Atmospheric Administration
shall submit a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate not later than 45 days after
the date of enactment of this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for necessary expenses related to the consequences of
hurricanes, typhoons, wildfires, volcanoes, and other disasters in
calendar years 2022, 2023 and 2024, $499,000,000, to remain available
until expended, as follows:
(1) $100,000,000 for repair and replacement of observing
assets, real property, and equipment; and
(2) $399,000,000 for the acquisition of hurricane hunter
aircraft and related expenses as authorized under section 11708
of division K of Public Law 117-263:
Provided, That the National Oceanic and Atmospheric Administration
shall submit a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate not later than 45 days after
the date of enactment of this Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster Assistance'' for
necessary expenses associated with fishery resource disaster relief as
authorized by law, $300,000,000, to remain available until expended:
Provided, That notwithstanding section 312(a)(3)(A) of the Magnuson-
Stevens Fishery Conservation and Management Act (18 U.S.C.
1861a(a)(3)(A)), any request for a fishery resource disaster
determination in Tribal salmon and urchin fisheries received by the
Secretary prior to September 30, 2025, may be evaluated by the
Secretary: Provided further, That a portion of the amounts provided
under this heading in this Act shall be used to provide additional
assistance up to the historical percentage for positively determined
disasters announced in calendar year 2024 that were partially funded:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF JUSTICE
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$12,000,000, to remain available until September 30, 2027, for
necessary expenses related to the protection of the residences of the
Supreme Court Justices: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Federal Prison System
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$64,795,500, to remain available until expended, for necessary expenses
related to the consequences of major disasters: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
(including transfer of funds)
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repair and replacement of National
Aeronautics and Space Administration facilities damaged by hurricanes,
tropical storms, typhoons, and tornadoes in calendar years 2023 and
2024, $740,200,000, to remain available until expended: Provided, That
up to 20 percent of such amount may be transferred to ``Space
Operations'' for necessary expenses related to communications
facilities and equipment, required remediation, and alternative
operations caused by Typhoon Mawar: Provided further, That except as
provided in the preceding proviso, the amounts appropriated under this
heading in this Act shall not be available for transfer under any
transfer authority provided for the National Aeronautics and Space
Administration in an appropriation Act for fiscal year 2025: Provided
further, That the National Aeronautics and Space Administration shall
submit a spending plan to the Committees on Appropriations of the House
of Representatives and the Senate not later than 45 days after the date
of enactment of this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE III
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$451,894,000, to remain available until September 30, 2025, for
necessary expenses related to the consequences of severe storms,
straight-line winds, tornadoes, microbursts, and hurricanes in calendar
years 2023 and 2024: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$1,454,153,000, to remain available until September 30, 2025, for
necessary expenses related to the consequences of Hurricanes Ian,
Nicole, Idalia, Helene, and Milton, Typhoon Mawar, and severe storms in
calendar year 2023: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $8,900,000, to remain available until September 30, 2025, for
necessary expenses related to the consequences of Hurricanes Helene and
Milton: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $912,778,000, to remain available until September 30, 2025,
for necessary expenses related to the consequences of Hurricanes Helene
and Milton and Typhoon Mawar: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance, Space
Force'', $90,230,000, to remain available until September 30, 2025, for
necessary expenses related to the consequences of Hurricanes Helene and
Milton and Typhoon Mawar: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $1,208,000, to remain available until September 30, 2025, for
necessary expenses related to the consequences of Hurricanes Helene and
Milton: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $19,594,000, to remain available until September 30, 2025,
for necessary expenses related to the consequences of Hurricanes Helene
and Milton and microbursts in calendar year 2024: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $1,319,000, to remain available until September 30, 2025,
for necessary expenses related to the consequences of Hurricanes Helene
and Milton and Typhoon Mawar: Provided, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $26,065,000, to remain available until September 30,
2025, for necessary expenses related to the consequences of Hurricanes
Helene and Milton, Typhoon Mawar, and severe storms in calendar years
2023 and 2024: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $2,209,000, to remain available until September 30,
2025, for necessary expenses related to the consequences of Hurricane
Helene and Typhoon Mawar: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
PROCUREMENT
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$125,100,000, to remain available until September 30, 2027, for
necessary expenses related to the consequences of Hurricane Helene:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$129,722,000, to remain available until September 30, 2027, for
necessary expenses related to the consequences of Typhoon Mawar:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Space Force
For an additional amount for ``Procurement, Space Force'',
$37,994,000, to remain available until September 30, 2027, for
necessary expenses related to the consequences of Typhoon Mawar:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $41,400,000, to remain available until September
30, 2026, for necessary expenses related to the consequences of severe
storms and wave overwash: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $69,278,000, to remain available until
September 30, 2026, for necessary expenses related to the consequences
of Typhoon Mawar: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$17,362,000, to remain available until September 30, 2025, for
necessary expenses related to the consequences of Hurricanes Helene and
Milton: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'', $20,000,000, to
remain available until expended, for necessary expenses related to the
completion, or initiation and completion, of flood and storm damage
reduction, including shore protection, studies that are currently
authorized, to reduce risks from future floods and hurricanes, at full
Federal expense: Provided, That amounts made available under this
heading in this Act shall be for high-priority studies of projects in
States and insular areas with a major disaster, including for glacial
lake outbursts, in calendar year 2022, 2023, or 2024: Provided further,
That not later than 60 days after the date of enactment of this Act and
not less than three business days prior to public release, the Chief of
Engineers shall submit directly to the Committees on Appropriations of
the House of Representatives and the Senate a detailed work plan for
the funds provided under this heading in this Act, including a list of
study locations, new studies selected to be initiated, the total cost
for each study selected for funding, the remaining cost for each
ongoing study selected for funding, and a schedule by fiscal year of
the proposed use of such funds: Provided further, That the Secretary of
the Army shall not deviate from the work plan, once the plan has been
submitted to such Committees: Provided further, That funds included in
a submitted work plan shall be deemed allocated to specific projects
and subject to the reprogramming requirements specified in section
101(6) of the Energy and Water Development and Related Agencies
Appropriations Act, 2024: Provided further, That beginning not later
than 60 days after the date of enactment of this Act and until all
amounts provided under this heading in this Act have been expended, the
Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to such Committees detailing the allocation,
obligation, and expenditure of the funds provided under this heading in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
construction
For an additional amount for ``Construction'', $700,000,000, to
remain available until expended, for necessary expenses to address
emergency situations at Corps of Engineers projects, construct Corps of
Engineers projects, and rehabilitate and repair damages caused by
natural disasters to Corps of Engineers projects: Provided, That of the
amount provided under this heading in this Act, $100,000,000 shall be
used for continuing authorities projects to reduce the risk of flooding
and storm damage, notwithstanding project number or program cost
limitations: Provided further, That of the amount provided under this
heading in this Act, $300,000,000 shall be to complete, or initiate and
complete, without regard to new start or new investment decision
considerations, a useful increment of work for water-related
environmental infrastructure assistance in States and insular areas
that were impacted by disasters occurring in or prior to calendar year
2024: Provided further, That of the amount provided under this heading
in this Act, $300,000,000 shall be for projects that have previously
received funds under this heading in chapter 4 of title X of the
Disaster Relief Appropriations Act, 2013 (division A of Public Law 113-
2), title IV of division B of the Bipartisan Budget Act of 2018 (Public
Law 115-123), or title IV of the Disaster Relief Supplemental
Appropriations Act, 2022 (division B of Public Law 117-43), and for
which non-Federal interests have entered into binding agreements with
the Secretary as of the date of enactment of this Act: Provided
further, That each project receiving funds pursuant to the preceding
proviso shall be subject to the terms and conditions of such chapter 4
of title X of the Disaster Relief Appropriations Act, 2013 (division A
of Public Law 113-2), title IV of division B of the Bipartisan Budget
Act of 2018 (Public Law 115-123), or title IV of the Disaster Relief
Supplemental Appropriations Act, 2022 (division B of Public Law 117-
43), and as specifically modified by section 111 of the Energy and
Water Development and Related Agencies Appropriations Act, 2024
(division D of Public Law 118-42), as applicable: Provided further,
That of the amount provided under this heading in this Act, such sums
as are necessary to cover the Federal share of eligible construction
costs for coastal harbors and channels, and for inland harbors eligible
to be derived from the Harbor Maintenance Trust Fund under section 101
or section 104 of the Water Resources and Development Act of 2020 shall
be derived from the general fund of the Treasury: Provided further,
That for projects receiving funding under this heading in this Act, the
limitation concerning total project costs in section 902 of the Water
Resources Development Act of 1986 (Public Law 99-662) shall not apply
to funds provided under this heading in this Act: Provided further,
That for any projects using funding provided under this heading in this
Act, the non-Federal cash contribution for projects shall be financed
in accordance with the provisions of section 103(k) of Public Law 99-
662 over a period of 30 years from the date of completion of the
project, separable element, or useful increment: Provided further, That
any projects initiated using funds provided under this heading in this
Act shall be initiated only after non-Federal interests have entered
into binding agreements with the Secretary requiring, where applicable,
the non-Federal interests to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation costs of the
project and to hold and save the United States free from damages due to
the construction or operation and maintenance of the project, except
for damages due to the fault or negligence of the United States or its
contractors: Provided further, That not later than 60 days after the
date of enactment of this Act and not less than three business days
prior to public release, the Chief of Engineers shall submit directly
to the Committees on Appropriations of the House of Representatives and
the Senate a detailed work plan for the funds provided under this
heading in this Act, including a list of project locations, the total
cost for all projects, and a schedule by fiscal year of proposed use of
such funds: Provided further, That the Secretary shall not deviate from
the work plan, once the plan has been submitted to such Committees:
Provided further, That funds included in a submitted work plan shall be
deemed allocated to specific projects and subject to the reprogramming
requirements specified in section 101(7) of the Energy and Water
Development and Related Agencies Appropriations Act, 2024: Provided
further, That beginning not later than 60 days after the date of
enactment of this Act and until all amounts provided under this heading
in this Act have been expended, the Assistant Secretary of the Army for
Civil Works shall provide a quarterly report directly to such
Committees detailing the allocation, obligation, and expenditure of the
funds provided under this heading in this Act: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries'',
$50,000,000, to remain available until expended, for necessary expenses
to address emergency situations at Corps of Engineers projects, and to
construct, and rehabilitate and repair damages to Corps of Engineers
projects, caused by natural disasters: Provided, That beginning not
later than 60 days after the date of enactment of this Act and until
all amounts provided under this heading in this Act have been expended,
the Assistant Secretary of the Army for Civil Works shall provide a
quarterly report directly to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation,
obligation, and expenditure of the funds provided under this heading in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), $745,000,000, to remain available until expended, for
necessary expenses to prepare for flood, hurricane, and other natural
disasters and support emergency operations, repairs, and other
activities in response to such disasters, as authorized by law:
Provided, That funding provided under this heading in this Act utilized
to repair authorized shore protection projects shall restore such
projects to their full project profile at full Federal expense:
Provided further, That beginning not later than 60 days after the date
of enactment of this Act and until all amounts provided under this
heading in this Act have been expended, the Chief of Engineers shall
provide a quarterly report directly to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
allocation, obligation, and expenditure of the funds provided under
this heading in this Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For an additional amount for ``Water and Related Resources'',
$74,464,000, to remain available until expended, of which $27,930,000
shall be for necessary expenses related to the consequences of natural
disasters that occurring in or prior to calendar year 2024: Provided,
That $46,534,000 shall be available for deposit into the Aging
Infrastructure Account established by section 9603(d)(1) of the Omnibus
Public Land Management Act of 2009 (43 U.S.C. 510b(d)(1)), and shall be
made available for reserved or transferred works that have suffered a
critical failure, in accordance with section 40901(2)(A) of division D
of Public Law 117-58: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Strategic Petroleum Reserve
For an additional amount for ``Strategic Petroleum Reserve'',
$60,000,000, to remain available until expended, for necessary expenses
related to damages caused by natural disasters: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For an additional amount for ``Weapons Activities'', $1,884,000, to
remain available until expended, for necessary expenses related to
damages caused by Hurricanes Helene and Milton: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For an additional amount for ``Defense Environmental Cleanup'',
$2,415,000, to remain available until expended, for necessary expenses
related to damages caused by Hurricanes Helene and Milton: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE V
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$13,597,000, to remain available until expended, for protection of the
residences of the Supreme Court Justices: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
INDEPENDENT AGENCIES
Small Business Administration
disaster loans program account
(including transfer of funds)
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans authorized by section 7(b) of the Small
Business Act, $2,249,000,000, to remain available until expended, of
which $50,000,000 shall be transferred to ``Small Business
Administration--Office of Inspector General'' for audits and reviews of
disaster loans and the disaster loans programs, and of which
$613,000,000 may be transferred to ``Small Business Administration--
Salaries and Expenses'' for administrative expenses to carry out the
disaster loan program authorized by section 7(b) of the Small Business
Act: Provided, That such amount is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Coast Guard
operations and support
For an additional amount for ``Operations and Support'',
$102,500,000, to remain available until September 30, 2027, for
necessary expenses related to the consequences of the Francis Scott Key
Bridge collapse and other disasters, including for minor repairs,
maintenance, and environmental remediation costs: Provided, That the
Commandant of the Coast Guard shall provide to the Committees on
Appropriations of the House of Representatives and the Senate an
expenditure plan and quarterly updates for the expenditure of such
funds: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $210,200,000, to remain available until September 30,
2029, for necessary expenses related to the consequences of disasters:
Provided, That the Commandant of the Coast Guard shall provide to the
Committees on Appropriations of the House of Representatives and the
Senate an expenditure plan and quarterly updates for the expenditure of
such funds: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
disaster relief fund
(including transfer of funds)
For an additional amount for ``Disaster Relief Fund'',
$29,000,000,000, to remain available until expended, of which
$28,000,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That $4,000,000 shall be transferred to
``Office of Inspector General--Operations and Support'' for audits and
investigations funded under ``Federal Emergency Management Agency--
Disaster Relief Fund'': Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
hermit's peak/calf canyon fire assistance account
(including transfer of funds)
For an additional amount for ``Hermit's Peak/Calf Canyon Fire
Assistance Account'', $1,500,000,000, to remain available until
expended: Provided, That $1,000,000 shall be transferred to ``Office of
Inspector General--Operations and Support'' for oversight of activities
authorized by the Hermit's Peak/Calf Canyon Fire Assistance Act:
Provided further, That the amounts provided under this heading in this
Act shall be subject to the reporting requirement in the third proviso
of section 136 of the Continuing Appropriations Act, 2023 (division A
of Public Law 117-180): Provided further, That amounts provided under
this heading in this Act shall be subject to the same authorities and
conditions as if such amounts were provided by title III of the
Department of Homeland Security Appropriations Act, 2024 (division C of
Public Law 118-47): Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
Federal Law Enforcement Training Centers
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $14,020,000, to remain available until September 30,
2029, for necessary expenses relating to the consequences of disasters:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE VII
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for ``Management of Lands and Resources'',
$58,115,000, to remain available until expended, for necessary expenses
related to the consequences of natural disasters occurring in and prior
to calendar year 2024: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
United States Fish And Wildlife Service
construction
For an additional amount for ``Construction'', $500,000,000, to
remain available until expended, for necessary expenses related to the
consequences of natural disasters occurring in and prior to calendar
year 2024: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Park Service
historic preservation fund
For an additional amount for ``Historic Preservation Fund'',
$50,000,000, to remain available until expended, for necessary expenses
related to the consequences of natural disasters occurring in and prior
to calendar year 2024, including costs to States, Tribes, and
territories necessary to complete compliance activities required by
section 306108 of title 54, United States Code, and costs needed to
administer the program: Provided, That funds appropriated under this
heading in this Act shall be used for historic and cultural resource
preservation work that meets the Secretary of the Interior's Standards
and Guidelines as published in the Federal Register (Vol. 48, No. 190,
September 29, 1983), to include Reconstruction of National Register
listed or eligible sites: Provided further, That grants using funds
appropriated under this heading in this Act shall only be available for
areas that have received a major disaster declaration pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That such grants shall not be
subject to a non-Federal matching requirement: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
construction
For an additional amount for ``Construction'', $2,262,871,000, to
remain available until expended, for necessary expenses related to the
consequences of disasters, including hurricanes, tropical storms,
tornadoes, and other severe storms, wildfire, fire, and flooding
occurring in and prior to calendar year 2024: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $2,743,000, to remain available until expended, for
necessary expenses related to the consequences of natural disasters
occurring in and prior to calendar year 2024: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Indian Affairs
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$17,765,000, to remain available until expended, for necessary expenses
related to the consequences of natural disasters occurring in and prior
to calendar year 2024: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Bureau of Indian Education
education construction
For an additional amount for ``Education Construction'',
$153,000,000, to remain available until expended, for necessary
expenses related to the consequences of natural disasters occurring in
and prior to calendar year 2024: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of Inspector General
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $8,000,000,
to remain available until expended, for oversight of the Department of
the Interior activities funded by this Act: Provided, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Trust Fund Program
For an additional amount for ``Leaking Underground Storage Tank
Trust Fund Program'', $17,000,000, to remain available until expended,
for necessary expenses related to the consequences of Hurricanes Helene
and Hilary: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
State and Tribal Assistance Grants
For an additional amount for ``State and Tribal Assistance
Grants'', $3,000,000,000 to remain available until expended, of which
$1,230,000,000 shall be for capitalization grants for the Clean Water
State Revolving Funds under title VI of the Federal Water Pollution
Control Act, and of which $1,770,000,000 shall be for capitalization
grants under section 1452 of the Safe Drinking Water Act: Provided,
That notwithstanding section 604(a) of the Federal Water Pollution
Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act,
funds appropriated under this paragraph in this Act shall be provided
to States or territories in EPA Regions 3, 4, and 9 in amounts
determined by the Administrator of the Environmental Protection Agency
for wastewater treatment works and drinking water facilities impacted
by Hurricanes Helene and Milton and Hawaii wildfires: Provided further,
That notwithstanding the requirements of section 603(i) of the Federal
Water Pollution Control Act and section 1452(d) of the Safe Drinking
Water Act, for the funds appropriated under this paragraph in this Act,
each State shall use not less than 30 percent of the amount of its
capitalization grants to provide additional subsidization to eligible
recipients in the form of forgiveness of principal, negative interest
loans or grants, or any combination of these: Provided further, That
the funds appropriated under this paragraph in this Act shall be used
for eligible projects whose purpose is to reduce flood or fire damage
risk and vulnerability or to enhance resiliency to rapid hydrologic
change or natural disaster at treatment works, as defined by section
212 of the Federal Water Pollution Control Act, or any eligible
facilities under section 1452 of the Safe Drinking Water Act, and for
other eligible tasks at such treatment works or facilities necessary to
further such purposes: Provided further, That the funds provided under
this paragraph in this Act shall not be subject to the matching or cost
share requirements of section 1452(e) of the Safe Drinking Water Act:
Provided further, That funds provided under this paragraph in this Act
shall not be subject to the matching or cost share requirements of
sections 602(b)(2), 602(b)(3), or 202 of the Federal Water Pollution
Control Act: Provided further, That the Administrator of the
Environmental Protection Agency may retain up to $5,000,000 of the
funds appropriated under this paragraph in this Act for management and
oversight: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
For an additional amount for ``State and Tribal Assistance
Grants'', $85,000,000, to remain available until expended, for
capitalization grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act: Provided, That
notwithstanding section 604(a) of the Federal Water Pollution Control
Act, funds appropriated under this paragraph in this Act shall be
provided to States or territories in EPA Regions 3 and 4 impacted by
Hurricanes Helene and Milton in amounts determined by the Administrator
of the Environmental Protection Agency to improve the resilience of
decentralized wastewater treatment systems to flooding, to assess the
potential to connect homes served by decentralized wastewater treatment
systems to centralized wastewater systems, and to fund such
connections: Provided further, That notwithstanding the requirements of
section 603(i) of the Federal Water Pollution Control Act, for the
funds appropriated under this paragraph in this Act, each State shall
use 100 percent of the amount of its capitalization grants to provide
additional subsidization to eligible recipients in the form of
forgiveness of principal, grants, negative interest loans, other loan
forgiveness, and through buying, refinancing, or restructuring debt or
any combination thereof: Provided further, That funds appropriated
under this paragraph in this Act shall not be subject to the matching
or cost share requirements of sections 602(b)(2), 602(b)(3), or 202 of
the Federal Water Pollution Control Act: Provided further, That the
Administrator of the Environmental Protection Agency may retain up to
$3,000,000 of the funds appropriated under this paragraph in this Act
for management and oversight: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
For an additional amount for ``State and Tribal Assistance
Grants'', $60,000,000, to remain available until expended, for
necessary expenses to address water emergencies under section 1442(b)
of the Safe Drinking Water Act (42 U.S.C. 300j-1(b)) or section 504(a)
of the Federal Water Pollution Control Act (33 U.S.C. 1364) in States
or territories in EPA Regions 3 and 4 impacted by Hurricanes Helene and
Milton: Provided, That notwithstanding section 1442(b) of the Safe
Drinking Water Act, funds appropriated under this paragraph in this Act
may be used to provide technical assistance and grants regardless of
whether the emergency situation presents a substantial danger to public
health: Provided further, That notwithstanding section 1442(b) of the
Safe Drinking Water Act, funds appropriated under this paragraph in
this Act may be used to provide grants regardless of whether such
grants will be used to support actions that would not otherwise be
taken without emergency assistance: Provided further, That funds
appropriated under this paragraph in this Act may be used to provide
technical assistance and grants under section 1442(b) of the Safe
Drinking Water Act to any appropriate recipient, as determined by the
Administrator of the Environmental Protection Agency, to assist in
responding to and alleviating an emergency situation affecting a
privately owned water system: Provided further, That funds appropriated
under this paragraph in this Act may be used to take actions authorized
under section 504(a) of the Federal Water Pollution Control Act that
the Administrator of the Environmental Protection Agency deems
necessary to protect the health or welfare of persons affected by a
water emergency, including other necessary actions and for providing
technical assistance and grants to address such water emergency:
Provided further, That the Administrator of the Environmental
Protection Agency may retain up to $1,000,000 of the funds appropriated
under this paragraph in this Act for management and oversight: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
For an additional amount for ``State and Tribal Assistance
Grants'', $10,000,000, to remain available until expended, for grants
and other activities authorized by subsections (a) through (c) of
section 103 of the Clean Air Act (42 U.S.C. 7403) or section 105 of
such Act (42 U.S.C. 7405) for necessary expenses related to the
consequences of Hurricanes Milton and Helene, including repair or
replacement of damaged air monitoring equipment: Provided, That funds
appropriated under this paragraph in this Act may be awarded
noncompetitively: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
For an additional amount for ``State and Tribal Assistance
Grants'', $95,000,000, to remain available until expended, for the
hazardous waste financial assistance grants program and other solid
waste management activities for necessary expenses related to the
consequences of Hurricanes Helene and Milton: Provided, That none of
the funds appropriated under this paragraph in this Act shall be
subject to section 3011(b) of the Solid Waste Disposal Act: Provided
further, That the Administrator of the Environmental Protection Agency
may retain up to $500,000 of the funds appropriated under this
paragraph in this Act for management and oversight: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF AGRICULTURE
Forest Service
forest service operations
For an additional amount for ``Forest Service Operations'',
$68,100,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2022, 2023, and 2024
wildfires, hurricanes, and other natural disasters: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'',
$26,000,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2022, 2023, and 2024
wildfires, hurricanes, and other natural disasters: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
state, private, and tribal forestry
For an additional amount for ``State, Private, and Tribal
Forestry'', $208,000,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2022,
2023, and 2024 wildfires, hurricanes, and other natural disasters:
Provided, That of the amounts made available under this heading in this
Act, $14,000,000 shall be to provide Forest Health Protection
assistance to States for an emerging eastern spruce budworm outbreak
approaching the northeastern U.S. border: Provided further, That with
respect to the preceding proviso, an award of financial assistance from
the Forest Service will not be subject to a non-Federal cost-share
requirement: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
national forest system
For an additional amount for ``National Forest System'',
$2,523,000,000, to remain available until expended: Provided, That of
the amounts made available under this heading in this Act,
$2,448,000,000 shall be for necessary expenses related to the
consequences of calendar year 2022, 2023, and 2024 wildfires,
hurricanes, and other natural disasters: Provided further, That of the
amounts made available under this heading in this Act, $75,000,000
shall be for the construction or maintenance of shaded fuel breaks in
the Pacific Regions: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $3,525,000,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2022,
2023, and 2024 wildfires, hurricanes, and other natural disasters:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 2701. Notwithstanding section 3304 of title 5, United States
Code, and without regard to the provisions of sections 3309 through
3318 of such title 5, the Secretary of the Interior and the Secretary
of Agriculture, acting through the Chief of the Forest Service, may
recruit and directly appoint highly qualified individuals into the
competitive service to address critical hiring needs for the planning
and execution of the projects and activities funded in this title:
Provided, That such authority shall not apply to positions in the
Excepted Service or the Senior Executive Service: Provided further,
That any action authorized herein shall be consistent with the merit
principles of section 2301 of such title 5, and the Department of the
Interior and the Department of Agriculture shall comply with the public
notice requirements of section 3327 of such title 5: Provided further,
That the authority under this section shall terminate on September 30,
2029: Provided further, That amounts provided by this section are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 2702. Not later than 45 days after the date of enactment of
this Act, the agencies receiving funds appropriated by this title shall
provide a detailed operating plan of anticipated uses of funds made
available in this title by State and Territory, and by program,
project, and activity, to the Committees on Appropriations of the House
of Representatives and the Senate: Provided, That no such funds shall
be obligated before the operating plans are provided to such
Committees: Provided further, That such plans shall be updated,
including obligations and expenditures to date, and submitted to such
Committees on Appropriations every 60 days until all such funds are
expended.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
payments to states for the child care and development block grant
For an additional amount for ``Payments to States for the Child
Care and Development Block Grant'', $250,000,000, to remain available
through September 30, 2026, for necessary expenses directly related to
the consequences of major disasters and emergencies declared pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) occurring in 2023 and 2024 (referred to under
this heading in this Act as ``covered disaster or emergency''),
including activities authorized under section 319(a) of the Public
Health Service Act: Provided, That the Secretary of Health and Human
Services shall allocate such funds to States, territories, and Tribes
based on assessed need notwithstanding sections 658J and 658O of the
Child Care and Development Block Grant Act of 1990: Provided further,
That not to exceed 2 percent of funds appropriated in this paragraph
may be reserved, to remain available until expended, for Federal
administration costs: Provided further, That such funds may be used for
alteration, renovation, construction, equipment, and other capital
improvement costs, including for child care facilities without regard
to section 658F(b) of such Act, and for other expenditures related to
child care, as necessary to meet the needs of areas affected by a
covered disaster or emergency: Provided further, That funds made
available in this paragraph may be used without regard to section 658G
of such Act and with amounts allocated for such purposes excluded from
the calculation of percentages under subsection 658E(c)(3) of such Act:
Provided further, That notwithstanding section 658J(c) of such Act,
funds allotted to a State may be obligated by the State in that fiscal
year or the succeeding three fiscal years: Provided further, That
Federal interest provisions will not apply to the renovation or
construction of privately-owned family child care homes, and the
Secretary of Health and Human Services shall develop parameters on the
use of funds for family child care homes: Provided further, That the
Secretary shall not retain Federal interest after a period of 10 years
(from the date on which the funds are made available to purchase or
improve the property) in any facility renovated or constructed with
funds made available in this paragraph: Provided further, That funds
made available in this paragraph shall not be available for costs that
are reimbursed by the Federal Emergency Management Agency, under a
contract for insurance, or by self-insurance: Provided further, That
funds appropriated in this paragraph may be made available to restore
amounts, either directly or through reimbursement, for obligations
incurred for such purposes, prior to the date of enactment of this Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
For an additional amount for ``Payments to States for the Child
Care and Development Block Grant'', $250,000,000, to remain available
until September 30, 2025: Provided, That amounts made available in this
paragraph shall be available without regard to requirements in sections
658E(c)(3)(E) or 658G of the Child Care and Development Block Grant
Act: Provided further, That payments made to States, territories,
Indian Tribes, and Tribal organizations from amounts made available in
this paragraph shall be obligated in this fiscal year or the succeeding
two fiscal years: Provided further, That amounts made available in this
paragraph shall be used to supplement and not supplant other Federal,
State, and local public funds expended to provide child care services
for eligible individuals: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 2801. Not later than 45 days after the date of enactment of
this Act, the agencies receiving funds appropriated by this title in
this Act shall provide a detailed operating plan of anticipated uses of
funds made available in this title in this Act by State and territory,
and by program, project, and activity, to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no such funds shall be obligated before the operating
plans are provided to such Committees: Provided further, That such
plans shall be updated, including obligations to date and anticipated
use of funds made available in this title in this Act, and submitted to
such Committees quarterly until all such funds expire.
TITLE IX
LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until expended, for audits and
investigations related to Hurricanes Helene and Milton, and other
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in calendar years
2023 and 2024: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE X
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $1,127,281,000, to remain available until September 30,
2029, for necessary expenses related to the consequences of Typhoon
Mawar: Provided, That not later than 60 days after enactment of this
Act, the Secretary of the Navy, or their designee, shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate form 1391 for each specific project and an expenditure plan for
funds provided under this heading in this Act: Provided further, That
such funds may be obligated or expended for design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$487,300,000, to remain available until September 30, 2029, for
necessary expenses related to the consequences of Typhoon Mawar:
Provided, That not later than 60 days after enactment of this Act, the
Secretary of the Air Force, or their designee, shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate form 1391 for each specific project and an expenditure plan for
funds provided under this heading in this Act: Provided further, That
such funds may be obligated or expended for design and military
construction projects not otherwise authorized by law: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $21,000,000, to remain available until September 30, 2029, for
necessary expenses related to the consequences of Typhoon Mawar and
severe storms in calendar year 2023: Provided, That not later than 60
days after enactment of this Act, the Director of the Army National
Guard, or their designee, shall submit to the Committees on
Appropriations of the House of Representatives and the Senate form 1391
for each specific project and an expenditure plan for funds provided
under this heading in this Act: Provided further, That such funds may
be obligated or expended for design and military construction projects
not otherwise authorized by law: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Family Housing Construction, Navy and Marine Corps
For an additional amount for ``Family Housing Construction, Navy
and Marine Corps'', $27,399,000, to remain available until September
30, 2029, for necessary expenses related to the consequences of Typhoon
Mawar: Provided, That not later than 60 days after enactment of this
Act, the Secretary of the Navy, or their designee, shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate an expenditure plan for funds provided under this heading in
this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Family Housing Operation and Maintenance, Navy and Marine Corps
For an additional amount for ``Family Housing Operation and
Maintenance, Navy and Marine Corps'', $102,168,000, to remain available
until September 30, 2026, for necessary expenses related to the
consequences of Typhoon Mawar: Provided, That not later than 60 days
after enactment of this Act, the Secretary of the Navy, or their
designee, shall submit to the Committees on Appropriations of the House
of Representatives and the Senate an expenditure plan for funds
provided under this heading in this Act: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $19,258,000, to
remain available until September 30, 2027, for necessary expenses
related to the consequences of Hurricanes Milton and Helene: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
medical support and compliance
For an additional amount for ``Medical Support and Compliance'',
$330,000, to remain available until September 30, 2027, for necessary
expenses related to the consequences of Hurricanes Milton and Helene:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
medical facilities
For an additional amount for ``Medical Facilities'', $41,660,000,
to remain available until September 30, 2029, for necessary expenses
related to the consequences of Hurricanes Milton and Helene and other
Federally declared disasters occurring in 2023 and 2024: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Cemetery Administration
For an additional amount for ``National Cemetery Administration''
for necessary expenses related to the consequences of Hurricanes Milton
and Helene, $693,000, to remain available until September 30, 2029:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Administration
construction, major projects
For an additional amount for ``Construction, Major Projects'',
$4,000,000, to remain available until September 30, 2029, for necessary
expenses related to the consequences of Hurricanes Milton and Helene:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
construction, minor projects
For an additional amount for ``Construction, Minor Projects'',
$2,020,000, to remain available until September 30, 2029, for necessary
expenses related to the consequences of Hurricanes Milton and Helene:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE XI
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
International Commissions
international boundary and water commission, united states and mexico
construction
For an additional amount for ``Construction'', $250,000,000, to
remain available until expended: Provided, That funds provided under
this heading in this Act shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE XII
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
emergency relief program
For an additional amount for the ``Emergency Relief Program'' as
authorized under section 125 of title 23, United States Code,
$8,086,020,000, to remain available until expended: Provided, That
notwithstanding subsection (e) of section 120 of title 23, United
States Code, for any obligations made on or after March 26, 2024, for
fiscal year 2024, this fiscal year, and hereafter, the Federal share
for Emergency Relief funds made available under section 125 of such
title to respond to damage caused by the cargo ship Dali to the Francis
Scott Key Bridge located in Baltimore City and Baltimore and Anne
Arundel Counties, Maryland, including reconstruction of that bridge and
its approaches, shall be 100 percent: Provided further, That consistent
with section 668.105(e) of title 23, Code of Federal Regulations (or a
successor regulation), any insurance proceeds, judgments, settlements,
penalties, fines, or other compensation for damages, including
interest, from whatever source derived, recovered by a State, a
political subdivision of a State, or a toll authority for repair,
including reconstruction, of the Francis Scott Key Bridge located in
Baltimore City and Baltimore and Anne Arundel Counties, Maryland, in
response to, or as a result of, the damage caused by the cargo ship
Dali to that bridge and its approaches, shall be used upon receipt to
reduce liability on the repair, including reconstruction, of such
bridge and its approaches from the emergency fund authorized under
section 125 of title 23, United States Code: Provided further, That any
funds recovered and used to reduce liability pursuant to the preceding
proviso shall not exceed the total amount of liability on the repair,
including reconstruction, of the Francis Scott Key Bridge located in
Baltimore City and Baltimore and Anne Arundel Counties, Maryland, and
its approaches, from the emergency fund authorized under section 125 of
title 23, United States Code: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$12,039,000,000, to remain available until expended, for the same
purposes and under the same terms and conditions as funds appropriated
under such heading in title VIII of the Disaster Relief Supplemental
Appropriations Act, 2022 (Public Law 117-43), except that such amounts
shall be for major disasters that occurred in 2023 or 2024 and the
fourth, tenth, 15th, 16th, 20th, and 21st provisos under such heading
in such Act shall not apply: Provided, That the Secretary of Housing
and Urban Development shall allocate all funds provided under this
heading in this Act for the total estimate for unmet needs including
additional mitigation for qualifying disasters and publish such
allocations in the Federal Register no later than January 15, 2025:
Provided further, That the amount obligated for each qualifying
disaster area shall be no less than the amounts specified in such
Federal Register publication, unless such allocation is rejected by the
grantee: Provided further, That a grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all funds,
including criteria for eligibility and how the use of these funds will
address long-term recovery and restoration of infrastructure and
housing, economic revitalization, and mitigation in the most impacted
and distressed areas: Provided further, That unobligated balances
remaining as of the date of enactment of this Act included under
Treasury Appropriation Fund Symbol 86 X 0162 from Public Laws 108-324,
109-148, 109-234, 110-252, 110-329, 111-212, 112-55, and 113-2 shall
also be available for the purposes authorized under this heading in
this Act (except that the amount for each set-aside provided herein
shall not be exceeded), notwithstanding the purposes for which such
amounts were appropriated: Provided further, That of the amounts made
available under this heading in this Act, $45,000,000 shall be
transferred to ``Department of Housing and Urban Development--
Management and Administration--Program Offices'' for salaries and
expenses of the Office of Community Planning and Development for
necessary costs, including information technology costs, of
administering and overseeing the obligation and expenditure of amounts
made available for activities authorized under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related
to disaster relief, long-term recovery, restoration of infrastructure
and housing, economic revitalization, and mitigation in the most
impacted and distressed areas resulting from a major disaster in this,
prior, or future Acts (``this, prior, or future disaster Acts''):
Provided further, That of the amounts made available under this heading
in this Act, $1,850,000 shall be transferred to ``Department of Housing
and Urban Development--Information Technology Fund'' for the disaster
recovery data portal: Provided further, That of the amounts made
available under this heading in this Act, $7,000,000 shall be
transferred to ``Department of Housing and Urban Development--Office of
Inspector General'' for necessary costs of overseeing and auditing
amounts made available in this, prior, or future disaster Acts:
Provided further, That of the amounts made available under this heading
in this Act, $25,000,000 shall be made available for capacity building
and technical assistance, including assistance on contracting and
procurement processes, to support recipients of allocations from this,
prior, or future disaster Acts: Provided further, That amounts made
available under this heading in this Act may be used by a grantee to
assist utilities as part of a disaster-related eligible activity under
section 105(a) of the Housing and Community Development Act of 1974 (42
U.S.C. 5305(a)): Provided further, That recipients of funds made
available in this, prior, or future disaster Acts that use such funds
to supplement other Federal assistance may adopt, without review or
public comment, any environmental review, approval, or permit performed
by a Federal agency, and such adoption shall satisfy the
responsibilities of the recipient with respect to such environmental
review, approval or permit, so long as the actions covered by the
existing environmental review, approval, or permit and the actions
proposed for these supplemental funds are substantially the same:
Provided further, That the Secretary or a State may, upon receipt of a
request for release of funds and certification, immediately approve the
release of funds for any activity or project if the recipient has
adopted an environmental review, approval or permit under the previous
proviso or if the activity or project is categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), notwithstanding section 104(g)(2) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(g)(2)): Provided
further, That such amount and amounts repurposed under this heading
that were previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE XIII
GENERAL PROVISIONS
Sec. 21301. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 21302. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 21303. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2025.
Sec. 21304. Each amount designated in divisions A or B by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or repurposed, rescinded, or
transferred, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to the
Congress.
Sec. 21305. Any amount appropriated by divisions A or B,
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and subsequently so designated by the President,
and transferred pursuant to transfer authorities provided by this
division shall retain such designation.
Sec. 21306. Budgetary Effects.--
(1) Statutory paygo scorecards.--The budgetary effects of
division C and each succeeding division shall not be entered on
either PAYGO scorecard maintained pursuant to section 4(d) of
the Statutory Pay-As-You-Go Act of 2010.
(2) Senate paygo scorecards.--The budgetary effects of
division C and each succeeding division shall not be entered on
any PAYGO scorecard maintained for purposes of section 4106 of
H. Con. Res. 71 (115th Congress).
(3) Classification of budgetary effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
the budgetary effects of division C and each succeeding
division shall not be estimated--
(A) for purposes of section 251 of such Act;
(B) for purposes of an allocation to the Committee
on Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(C) for purposes of paragraph (4)(C) of section 3
of the Statutory Pay-As-You-Go Act of 2010 as being
included in an appropriation Act.
(4) Balances on the paygo scorecards.--Effective on the
date of the adjournment of the second session of the 118th
Congress, and for the purposes of the annual report issued
pursuant to section 5 of the Statutory Pay-As-You-Go Act of
2010 (2 U.S.C. 934) after such adjournment and for determining
whether a sequestration order is necessary under such section,
the balances on the PAYGO scorecards established pursuant to
paragraphs (4) and (5) of section 4(d) of such Act shall be
zero.
This division may be cited as the ``Disaster Relief Supplemental
Appropriations Act, 2025''.
DIVISION C--OTHER MATTERS
TITLE I--DISASTER RELIEF
SEC. 101. DISASTER GRANT CLOSEOUT PROCEDURES.
Section 705 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5205) is amended--
(1) by striking ``State or local government'' and inserting
``State, local government, or the owner or operator of a
private nonprofit facility'' each place it appears;
(2) in paragraphs (3) and (4) of subsection (b) by striking
``Federal, State, or local government'' and inserting ``Federal
Government, State, local government, or the owner or operator
of a private nonprofit facility''; and
(3) in subsection (d)(1) by striking ``State, local,'' and
inserting ``State, local government, the owner or operator of a
private nonprofit facility,''.
SEC. 102. AVAILABILITY OF EXCESS FUNDS.
(a) In General.--Section 324 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended--
(1) in subsection (b)(2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and adjusting the
margins accordingly; and
(B) in the matter preceding clause (i), as so
redesignated, by striking ``provide the following
percentage rates'' and inserting ``provide--
``(A) excess funds for management costs as
described in subsection (c); and
``(B) the following percentage rates'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Use of Excess Funds for Management Costs.--
``(1) Definition.--In this subsection, the term `excess
funds for management costs' means the difference between--
``(A) the amount of the applicable specific
management costs authorized under subsection (b)(1) and
subsection (b)(2)(B); and
``(B) as of the date on which the grant award is
closed, the amount of funding for management costs
activities expended by the grantee or subgrantee
receiving the financial assistance for costs described
in subparagraph (A).
``(2) Availability of excess funds for management costs.--
The President may make available to a grantee or subgrantee
receiving financial assistance under section 403, 404, 406,
407, or 502 any excess funds for management costs.
``(3) Use of funds.--Excess funds for management costs made
available to a grantee or subgrantee under paragraph (2) may be
used for--
``(A) activities associated with building capacity
to prepare for, recover from, or mitigate the impacts
of a major disaster or emergency declared under section
401 or 501, respectively; and
``(B) management costs associated with any--
``(i) major disaster;
``(ii) emergency;
``(iii) disaster preparedness measure; or
``(iv) mitigation activity or measure
authorized under section 203, 204, 205, or 404.
``(4) Availability.--Excess funds for management costs made
available to a grantee or subgrantee under paragraph (2) shall
remain available to the grantee or subgrantee until the date
that is 5 years after the date on which the excess funds for
management costs are made available under paragraph (2).''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to any grant award in relation to a major disaster
or emergency declared under section 401 or 501, respectively, of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170, 5191)--
(1) the declaration of which is made on or after the date
of enactment of this Act; and
(2) that is funded with amounts appropriated on or after
the date of enactment of this Act.
(c) GAO Study.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report--
(1) on the actual management costs described in section 324
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) during the period of a major
disaster declaration under section 401 of such Act (42 U.S.C.
5170) to determine whether the amount set aside for those
management costs after the date of enactment of this Act is
appropriate; and
(2) that includes the management costs described in section
324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) for each disaster declared
under during the period of a major disaster declaration under
section 401 of such Act (42 U.S.C. 5170) during the 5-year
period preceding the date of the report, the amount set aside
for those management costs, the use of those management costs,
the length of each disaster, and the reason for the length of
each disaster.
(d) No Additional Funds.--No additional funds are authorized to be
appropriated to carry out the amendments made by subsection (a).
SEC. 103. REIMBURSEMENT FOR REPAIR, REPLACEMENT, AND RESTORATION WORK
ON PRIVATE ROADS AND BRIDGES IMPACTED BY TROPICAL STORM
HELENE.
(a) Eligibility for Reimbursement.--Notwithstanding any provision
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) or the regulations governing the public
assistance program of the Federal Emergency Management Agency under
such Act, the State, Indian Tribal, and local governments in North
Carolina covered under major disaster declaration FEMA-4827-DR-NC
(relating to Tropical Storm Helene) shall be eligible for reimbursement
for the cost of repairs, replacements, or restoration to private roads
and bridges, without regard to pre-existing condition, under section
428 of such Act that--
(1) are used as the sole means of access to primary
residences or essential community services;
(2) are significantly damaged or destroyed as a direct
result of Tropical Storm Helene as identified in FEMA-4827-DR-
NC; and
(3) does not duplicate work that has already been
completed.
(b) Conditions of Reimbursement.--Reimbursement under this section
shall be subject to the following conditions:
(1) Private roads or bridges shall be inspected by
appropriate State, Indian Tribal, or local government officials
or their designees to verify the scope, need, and cost-
effectiveness of any mitigation measures for the proposed
repair, replacement, or restoration.
(2) The State, Indian Tribal, or local governments
requesting assistance shall ensure that the private roads or
bridges being repaired, replaced, or restored remain open for
disaster recovery activities for the duration of the repair,
replacement, or restoration process.
(3) The State or Indian Tribal governments shall be
responsible for documenting all costs associated with repairs,
replacements, or restorations within their jurisdiction in
accordance with Federal Emergency Management Agency policy.
(4) The State, Indian Tribal, or local government applying
for public assistance funding shall obtain authority or
permission to perform the work to permanently repair, replace,
or restore the private roads and bridges.
(5) The State, Indian Tribal, or local government applying
for public assistance funding shall ensure the work under this
section is performed in compliance with all applicable State
and Federal regulations and requirements that pertain to work
that is permanent in nature.
(c) Duplication of Benefits.--
(1) In general.--Any individual or household that has
received assistance prior to the date of enactment of this
section pursuant to section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174)
for the purposes of repairing a private road or bridge eligible
under this section may proceed with such repairs or return any
such assistance to have such repair eligible pursuant to this
section.
(2) Calculation.--In the event the individual or household
chooses to proceed with such repairs utilizing assistance
provided pursuant to section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174)
for a private road or bridge, such assistance shall not be
counted against the maximum amount of assistance for such
individual or household under such section.
(d) Eligible Costs.--In determining eligible costs, the
Administrator shall base such determinations on properly conducted and
certified cost estimates prepared by professionally licensed engineers
(mutually agreed upon by the Administrator and the applicant). Once
certified by a professionally licensed engineer and accepted by the
Administrator, the estimates on which grants made pursuant to this
section are based shall be presumed to be reasonable and eligible
costs, as long as there is no evidence of fraud.
TITLE II--RECYCLING, WATER, AND ENVIRONMENT RELATED PROVISIONS
SEC. 201. RECYCLING AND COMPOSTING ACCOUNTABILITY.
(a) Short Title.--This section may be cited as the ``Recycling and
Composting Accountability Act''.
(b) Definitions.--
(1) In general.--In this section:
(A) Administrator.--The term ``Administrator''
means the Administrator of the Environmental Protection
Agency.
(B) Compost.--The term ``compost'' means a product
that--
(i) is manufactured through the controlled
aerobic, biological decomposition of
biodegradable materials;
(ii) has been subjected to medium and high
temperature organisms, which--
(I) significantly reduce the
viability of pathogens and weed seeds;
and
(II) stabilize carbon in the
product such that the product is
beneficial to plant growth; and
(iii) is typically used as a soil
amendment, but may also contribute plant
nutrients.
(C) Compostable material.--The term ``compostable
material'' means material that is a feedstock for
creating compost, including--
(i) wood;
(ii) agricultural crops;
(iii) paper, such as cardboard and other
paper products;
(iv) certified compostable products
associated with organic waste;
(v) other organic plant material;
(vi) organic waste, including food waste
and yard waste; and
(vii) such other material that is composed
of biomass that can be continually replenished
or renewed, as determined by the Administrator.
(D) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(E) Recyclable material.--The term ``recyclable
material'' means a material that is obsolete,
previously used, off-specification, surplus, or
incidentally produced for processing into a
specification-grade commodity for which a reuse market
currently exists or is being developed.
(F) Recycling.--The term ``recycling'' means the
series of activities--
(i) during which recyclable materials are
processed into specification-grade commodities
and consumed as raw-material feedstock, in lieu
of virgin materials, in the manufacturing of
new products;
(ii) that may, with regard to recyclable
materials and prior to the activities described
in clause (i), include sorting, collection,
processing, and brokering; and
(iii) that result, subsequent to processing
described in clause (i), in consumption by a
materials manufacturer, including for the
manufacturing of new products.
(G) State.--The term ``State'' has the meaning
given the term in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
(2) Definition of processing.--In subparagraphs (E) and (F)
of paragraph (1), the term ``processing'' means any mechanical,
manual, or other method that--
(A) transforms a recyclable material into a
specification-grade commodity; and
(B) may occur in multiple steps, with different
phases, including sorting, occurring at different
locations.
(c) Reports on Composting and Recycling Infrastructure
Capabilities.--
(1) In general.--Subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) is amended by adding at the end the
following:
``SEC. 4011. REPORTS ON COMPOSTING AND RECYCLING INFRASTRUCTURE
CAPABILITIES.
``(a) Definitions.--In this section:
``(1) Recycling and composting accountability act terms.--
The terms `compost', `compostable material', `recyclable
material', and `recycling' have the meanings given the terms in
subsection (b) of the Recycling and Composting Accountability
Act.
``(2) Composting facility.--The term `composting facility'
means a location, structure, or device that transforms
compostable materials into compost.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(4) Materials recovery facility.--
``(A) In general.--The term `materials recovery
facility' means a dedicated facility where primarily
residential recyclable materials, which are diverted
from disposal by the generator and collected separately
from municipal solid waste, are mechanically or
manually sorted into commodities for further processing
into specification-grade commodities for sale to end
users.
``(B) Exclusion.--The term `materials recovery
facility' does not include a solid waste management
facility that may process municipal solid waste to
remove recyclable materials.
``(C) Definition of processing.--For purposes of
this paragraph, the term `processing' has the meaning
given the term in subsection (b)(2) of the Recycling
and Composting Accountability Act.
``(b) Report.--
``(1) In general.--The Administrator shall request
information and data from, collaborate with, or contract with,
as necessary and appropriate, States, units of local
government, and Indian Tribes, for the provision, preparation,
and publication of a report, or to expand work under the
National Recycling Strategy to include information and data, on
compostable materials and efforts to reduce contamination rates
for recycling, including--
``(A) an evaluation of existing Federal, State, and
local laws that may present barriers to implementation
of composting strategies;
``(B) a description and evaluation of composting
infrastructure and programs within States, units of
local government, and Indian Tribes;
``(C) an estimate of the costs and approximate land
needed to expand composting programs; and
``(D) a review of the practices of manufacturers
and companies that are moving to using compostable
packaging and food service ware for the purpose of
making the composting process the end-of-life use of
those products.
``(2) Submission.--Not later than 2 years after the date of
enactment of this section, the Administrator shall submit to
Congress the report prepared under paragraph (1).
``(c) Inventory of Materials Recovery Facilities.--Not later than 3
years after the date of enactment of this section, and every 4 years
thereafter, the Administrator, in consultation with relevant Federal
agencies and States, units of local government, and Indian Tribes,
shall--
``(1) prepare an inventory or estimate of materials
recovery facilities in the United States, including--
``(A) the number of materials recovery facilities
in each State; and
``(B) a general description of the materials that
each of those materials recovery facilities can
process, including--
``(i) in the case of plastic, a description
of--
``(I) the types of accepted resin,
if applicable; and
``(II) the packaging or product
format, such as a jug, a carton, or
film;
``(ii) food packaging and service ware,
such as a bottle, cutlery, or a cup;
``(iii) paper;
``(iv) aluminum, such as an aluminum
beverage can, food can, aerosol can, or foil;
``(v) steel, such as a steel food or
aerosol can;
``(vi) other scrap metal;
``(vii) glass; or
``(viii) any other material not described
in any of clauses (i) through (vii) that a
materials recovery facility processes; and
``(2) submit to Congress the inventory or estimate prepared
under paragraph (1).
``(d) Information on Recycling and Composting Systems.--The
Administrator shall, as necessary and appropriate, collaborate or
contract with States, units of local government, and Indian Tribes to
estimate, with respect to the United States--
``(1) the number and types of recycling and composting
programs;
``(2) the types and forms of materials accepted by
recycling or composting programs;
``(3) the number of individuals--
``(A) with access to recycling and composting
services to at least the extent of access to disposal
services; and
``(B) who use, on a percentage basis, the recycling
and composting services described in subparagraph (A);
``(4) the number of individuals with barriers to accessing
recycling and composting services similar to their access to
disposal services and the types of those barriers experienced;
``(5) the inbound contamination and capture rates of
recycling and composting programs;
``(6) if applicable, other available recycling or
composting programs; and
``(7) the average costs and benefits to States, units of
local government, and Indian Tribes of recycling and composting
programs.
``(e) Recycling Reporting Rates.--
``(1) Collection of data; development of rates.--The
Administrator may use amounts made available under subsection
(f) of the Recycling and Composting Accountability Act--
``(A) to biannually collect, in collaboration with
States, to the extent practicable, information supplied
on a voluntary basis to develop the estimated rates
described in subparagraphs (B) and (C);
``(B) to develop a standardized estimated rate of
recyclable materials in States that provide information
under subparagraph (A) that have been successfully
diverted from the waste stream and brought to a
materials recovery facility or composting facility; and
``(C) to develop an estimated national recycling
rate based on the information described in
subparagraphs (A) and (B).
``(2) Use.--Using amounts made available under subsection
(f) of the Recycling and Composting Accountability Act, the
Administrator may use the information collected and rates
developed under paragraph (1) to provide requesting States,
units of local government, and Indian Tribes data and technical
assistance--
``(A) to reduce the overall waste produced by the
States, units of local government, and Indian Tribes;
``(B) to assist the States, units of local
government, and Indian Tribes in understanding the
nuances of the information collected relating to
diversion activities; and
``(C) to increase recycling and composting rates of
the States, units of local government, and Indian
Tribes.
``(f) Report on End Markets.--The Administrator, in collaboration
or contract with, as necessary and appropriate, relevant Federal
agencies, States, units of local government, or Indian Tribes, shall--
``(1) provide an update to the report submitted under
section 306 of the Save Our Seas 2.0 Act (Public Law 116-224;
134 Stat. 1096) to include an addendum on the end-market sale
of all recyclable materials from materials recovery facilities
that process recyclable materials, including, to the extent
practicable--
``(A) the total, in dollars per ton, domestic sales
of bales of recyclable materials; and
``(B) the total, in dollars per ton, international
sales of bales of recyclable materials;
``(2) prepare a report on the end-market sale of compost
from, to the extent practicable, compostable materials,
including the total, in dollars per ton, of domestic sales of
compostable materials; and
``(3) not later than 3 years after the date of enactment of
this section, submit to Congress the update to the report
prepared under paragraph (1) and the report prepared under
paragraph (2).
``(g) Privileged or Confidential Information.--
``(1) In general.--Information collected under subsection
(e)(1) or paragraph (1) or (2) of subsection (f) shall not
include any privileged or confidential information described in
section 552(b)(4) of title 5, United States Code.
``(2) Nondisclosure.--Information collected to carry out
this section shall not be made public if the information meets
the requirements of section 552(b) of title 5, United States
Code.''.
(2) Clerical amendment.--The table of contents in section
1001 of the Solid Waste Disposal Act (Public Law 89-272; 90
Stat. 2795; 98 Stat. 3268) is amended by inserting after the
item relating to section 4010 the following:
``Sec. 4011. Report on composting and recycling infrastructure
capabilities.''.
(d) Federal Agency Activities Related to Recycling.--Not later than
2 years after the date of enactment of this Act, and every 2 years
thereafter until 2033, the Comptroller General of the United States
shall make publicly available a report--
(1) detailing or, to the extent practicable, providing an
estimate of--
(A) the total annual recycling and composting rates
reported by all Federal agencies; and
(B) the total annual percentage of products
containing recyclable material, compostable material,
or recovered materials purchased by all Federal
agencies, including--
(i) the total quantity of procured products
containing recyclable material or recovered
materials listed in the comprehensive
procurement guidelines published under section
6002(e) of the Solid Waste Disposal Act (42
U.S.C. 6962(e)); and
(ii) the total quantity of compostable
material purchased by all Federal agencies;
(2) identifying the activities of each Federal agency that
promote recycling or composting; and
(3) identifying activities that Federal agencies could
carry out to further promote recycling or composting.
(e) Study on the Diversion of Recyclable Materials From a Circular
Market.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop a metric
for determining the proportion of recyclable materials in
commercial and municipal waste streams that are being diverted
from a circular market.
(2) Study; report.--Not later than 1 year after the
development of a metric under paragraph (1), the Administrator
shall conduct a study of, and submit to Congress a report on,
the proportion of recyclable materials in commercial and
municipal waste streams that, during each of the 10 calendar
years preceding the year of submission of the report, were
diverted from a circular market.
(3) Data.--The report under paragraph (2) shall provide
data on specific recyclable materials, including aluminum,
plastics, paper and paperboard, textiles, and glass, that were
prevented from remaining in a circular market through disposal
or elimination, and to what use those specific recyclable
materials were lost.
(4) Evaluation.--The report under paragraph (2) shall
include an evaluation of whether the establishment or
improvement of recycling programs would--
(A) improve recycling rates;
(B) reduce the quantity of recyclable materials
being unutilized in a circular market; and
(C) affect prices paid by consumers for products
using materials recycled in the circular market.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section and the
amendments made by this section $4,000,000 for each of fiscal years
2025 through 2029.
(g) Administration.--
(1) Unfunded mandates.--The Administrator or the Secretary
of Commerce may not exercise any authority under this section
or any amendment made by this section if exercising that
authority would require a State, a unit of local government, or
an Indian Tribe to carry out a mandate for which funding is not
available.
(2) Nondisclosure.--Any information collected to carry out
this section shall not be made public if the information meets
the requirements of section 552(b) of title 5, United States
Code.
SEC. 202. RECYCLING INFRASTRUCTURE AND ACCESSIBILITY PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Curbside recycling.--The term ``curbside recycling''
means the process by which residential recyclable materials are
picked up curbside.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State (as defined in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903));
(B) a unit of local government;
(C) an Indian Tribe; and
(D) a public-private partnership.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Materials recovery facility.--
(A) In general.--The term ``materials recovery
facility'' means a recycling facility where primarily
residential recyclables, which are diverted from
disposal by a generator and collected separately from
municipal solid waste, are mechanically or manually
sorted into commodities for further processing into
specification-grade commodities for sale to end users.
(B) Exclusion.--The term ``materials recovery
facility'' does not include a solid waste management
facility that may process municipal solid waste to
remove recyclable materials.
(6) Pilot grant program.--The term ``pilot grant program''
means the Recycling Infrastructure and Accessibility Program
established under subsection (b).
(7) Recyclable material.--The term ``recyclable material''
means obsolete, previously used, off-specification, surplus, or
incidentally produced material for processing into a
specification-grade commodity for which a market exists.
(8) Transfer station.--The term ``transfer station'' means
a facility that--
(A) receives and consolidates recyclable material
from curbside recycling or drop-off facilities; and
(B) loads the recyclable material onto tractor
trailers, railcars, or barges for transport to a
distant materials recovery facility or another
recycling-related facility.
(9) Underserved community.--The term ``underserved
community'' means a community, including an unincorporated
area, without access to full recycling services because--
(A) transportation, distance, or other reasons
render utilization of available processing capacity at
an existing materials recovery facility cost
prohibitive; or
(B) the processing capacity of an existing
materials recovery facility is insufficient to manage
the volume of recyclable materials produced by that
community.
(b) Establishment.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall establish a pilot grant
program, to be known as the ``Recycling Infrastructure and
Accessibility Program'', to award grants, on a competitive basis, to
eligible entities to improve recycling accessibility in a community or
communities within the same geographic area.
(c) Goal.--The goal of the pilot grant program is to fund eligible
projects that will significantly improve accessibility to recycling
systems through investments in infrastructure in underserved
communities through the use of a hub-and-spoke model for recycling
infrastructure development.
(d) Applications.--To be eligible to receive a grant under the
pilot grant program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require.
(e) Considerations.--In selecting eligible entities to receive a
grant under the pilot grant program, the Administrator shall consider--
(1) whether the community or communities in which the
eligible entity is seeking to carry out a proposed project has
curbside recycling;
(2) whether the proposed project of the eligible entity
will improve accessibility to recycling services in a single
underserved community or multiple underserved communities; and
(3) if the eligible entity is a public-private partnership,
the financial health of the private entity seeking to enter
into that public-private partnership.
(f) Priority.--In selecting eligible entities to receive a grant
under the pilot grant program, the Administrator shall give priority to
eligible entities seeking to carry out a proposed project in a
community in which there is not more than 1 materials recovery facility
within a 75-mile radius of that community.
(g) Use of Funds.--An eligible entity awarded a grant under the
pilot grant program may use the grant funds for projects to improve
recycling accessibility in communities, including in underserved
communities, by--
(1) increasing the number of transfer stations;
(2) expanding curbside recycling collection programs where
appropriate; and
(3) leveraging public-private partnerships to reduce the
costs associated with collecting and transporting recyclable
materials in underserved communities.
(h) Prohibition on Use of Funds.--An eligible entity awarded a
grant under the pilot grant program may not use the grant funds for
projects relating to recycling education programs.
(i) Minimum and Maximum Grant Amount.--A grant awarded to an
eligible entity under the pilot grant program shall be in an amount--
(1) not less than $500,000; and
(2) not more than $15,000,000.
(j) Set-Aside.--The Administrator shall set aside not less than 70
percent of the amounts made available to carry out the pilot grant
program for each fiscal year to award grants to eligible entities to
carry out a proposed project or program in a single underserved
community or multiple underserved communities.
(k) Federal Share.--The Federal share of the cost of a project or
program carried out by an eligible entity using grant funds shall be
not more than 95 percent.
(l) Report.--Not later than 2 years after the date on which the
first grant is awarded under the pilot grant program, the Administrator
shall submit to Congress a report describing the implementation of the
pilot grant program, which shall include--
(1) a list of eligible entities that have received a grant
under the pilot grant program;
(2) the actions taken by each eligible entity that received
a grant under the pilot grant program to improve recycling
accessibility with grant funds; and
(3) to the extent information is available, a description
of how grant funds received under the pilot grant program
improved recycling rates in each community in which a project
or program was carried out under the pilot grant program.
(m) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator to carry out the pilot grant program
$30,000,000 for each of fiscal years 2025 through 2029, to
remain available until expended.
(2) Administrative costs and technical assistance.--Of the
amounts made available under paragraph (1), the Administrator
may use up to 5 percent--
(A) for administrative costs relating to carrying
out the pilot grant program; and
(B) to provide technical assistance to eligible
entities applying for a grant under the pilot grant
program.
SEC. 203. DRINKING WATER INFRASTRUCTURE RISK AND RESILIENCE.
Section 1433(g) of the Safe Drinking Water Act (42 U.S.C. 300i-
2(g)) is amended--
(1) in paragraph (1), by striking ``2020 and 2021'' and
inserting ``2026 and 2027'';
(2) in paragraph (4), by striking ``$5,000,000'' and
inserting ``$10,000,000'';
(3) in paragraph (5), by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(4) in paragraph (6)--
(A) by striking ``$25,000,000'' and inserting
``$50,000,000''; and
(B) by striking ``2020 and 2021'' and inserting
``2026 and 2027''.
SEC. 204. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION ACT.
Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C.
16137(a)) is amended by striking ``2024'' and inserting ``2029''.
SEC. 205. NATIONWIDE CONSUMER AND FUEL RETAILER CHOICE ACT OF 2024.
(a) Short Title.--This section may be cited as the ``Nationwide
Consumer and Fuel Retailer Choice Act of 2024''.
(b) Ethanol Waiver.--
(1) Existing waivers.--Section 211(f)(4) of the Clean Air
Act (42 U.S.C. 7545(f)(4)) is amended--
(A) by striking ``(4) The Administrator, upon'' and
inserting the following:
``(4) Waivers.--
``(A) In general.--The Administrator, on'';
(B) in subparagraph (A) (as so designated)--
(i) in the first sentence--
(I) by striking ``of this
subsection'' each place it appears; and
(II) by striking ``if he
determines'' and inserting ``if the
Administrator determines''; and
(ii) in the second sentence, by striking
``The Administrator'' and inserting the
following:
``(B) Final action.--The Administrator''; and
(C) by adding at the end the following:
``(C) Reid vapor pressure.--A fuel or fuel additive
may be introduced into commerce if--
``(i)(I) the Administrator determines that
the fuel or fuel additive is substantially
similar to a fuel or fuel additive utilized in
the certification of any model year vehicle
pursuant to paragraph (1)(A); or
``(II) the fuel or fuel additive has been
granted a waiver under subparagraph (A) and
meets all of the conditions of that waiver
other than any limitation of the waiver with
respect to the Reid Vapor Pressure of the fuel
or fuel additive; and
``(ii) the fuel or fuel additive meets all
other applicable Reid Vapor Pressure
requirements under subsection (h).''.
(2) Reid vapor pressure limitation.--Section 211(h) of the
Clean Air Act (42 U.S.C. 7545(h)) is amended--
(A) by striking ``vapor pressure'' each place it
appears and inserting ``Vapor Pressure'';
(B) in paragraph (4), in the matter preceding
subparagraph (A), by striking ``10 percent'' and
inserting ``10 to 15 percent''; and
(C) in paragraph (5)(A)--
(i) by striking ``Upon notification,
accompanied by'' and inserting ``On receipt of
a notification that is submitted after the date
of enactment of the Nationwide Consumer and
Fuel Retailer Choice Act of 2024, and is
accompanied by appropriate'';
(ii) by striking ``10 percent'' and
inserting ``10 to 15 percent''; and
(iii) by adding at the end the following:
``Upon the enactment of the Nationwide Consumer
and Fuel Retailer Choice Act of 2024, any State
for which the notification from the Governor of
a State was submitted before the date of
enactment of the Nationwide Consumer and Fuel
Retailer Choice Act of 2024 and to which the
Administrator applied the Reid Vapor Pressure
limitation established by paragraph (1) shall
instead have the Reid Vapor Pressure limitation
established by paragraph (4) apply to all fuel
blends containing gasoline and 10 to 15 percent
denatured anhydrous ethanol that are sold,
offered for sale, dispensed, supplied, offered
for supply, transported, or introduced into
commerce in the area during the high ozone
season.''.
(c) Generation of Credits by Small Refineries Under the Renewable
Fuel Program.--Section 211(o)(9) of the Clean Air Act (42 U.S.C.
7545(o)(9)) is amended by adding at the end the following:
``(E) Credits generated for 2016-2018 compliance
years.--
``(i) Rule.--For any small refinery
described in clause (ii) or (iii), the credits
described in the respective clause shall be--
``(I) returned to the small
refinery and, notwithstanding paragraph
(5)(C), deemed eligible for future
compliance years; or
``(II) applied as a credit in the
EPA Moderated Transaction System (EMTS)
account of the small refinery.
``(ii) Compliance years 2016 and 2017.--
Clause (i) applies with respect to any small
refinery that--
``(I) retired credits generated for
compliance years 2016 or 2017; and
``(II) submitted a petition under
subparagraph (B)(i) for that compliance
year that remained outstanding as of
December 1, 2022.
``(iii) Compliance year 2018.--In addition
to small refineries described in clause (ii),
clause (i) applies with respect to any small
refinery--
``(I) that submitted a petition
under subparagraph (B)(i) for
compliance year 2018 by September 1,
2019;
``(II) that retired credits
generated for compliance year 2018 as
part of the compliance demonstration of
the small refinery for compliance year
2018 by March 31, 2019; and
``(III) for which--
``(aa) the petition
remained outstanding as of
December 1, 2022; or
``(bb) the Administrator
denied the petition as of July
1, 2022, and has not returned
the retired credits as of
December 1, 2022.''.
(d) Addressing Renewable Fuel Market Manipulation and
Transparency.--Not later than 90 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency, in
collaboration with the Commodity Futures Trading Commission, shall--
(1) review all applicable Renewable Identification Number
(as described in section 80.1425 of title 40, Code of Federal
Regulations (or successor regulations)) data collected for the
EPA Moderated Transaction System (as defined in section 80.2 of
title 40, Code of Federal Regulations (or successor
regulations)); and
(2) submit to Congress a report that identifies any
additional data that should be collected to reduce renewable
fuel market manipulation.
TITLE III--FOREIGN AFFAIRS
SEC. 301. GLOBAL ENGAGEMENT CENTER EXTENSION.
Section 1287(j) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note) is amended
by striking ``on the date that is 8 years after the date of the
enactment of this Act'' and inserting ``on the date that is 9 years
after the date of the enactment of this Act''.
SEC. 302. HAITI CRIMINAL COLLUSION TRANSPARENCY ACT OF 2024.
(a) Reporting Requirements.--
(1) Definitions.--In this subsection:
(A) The term ``appropriate congressional
committees'' means--
(i) the Committee on Foreign Relations of
the Senate;
(ii) the Select Committee on Intelligence
of the Senate;
(iii) the Committee on the Judiciary of the
Senate;
(iv) the Committee on Banking, Housing, and
Urban Affairs of the Senate;
(v) the Committee on Foreign Affairs of the
House of Representatives;
(vi) the Permanent Select Committee on
Intelligence of the House of Representatives;
(vii) the Committee on the Judiciary of the
House of Representatives; and
(viii) the Committee on Financial Services
of the House of Representatives.
(B) The term ``economic elites'' means board
members, officers, and executives of groups,
committees, corporations, or other entities that exert
substantial influence or control over Haiti's economy,
infrastructure, or particular industries.
(C) The term ``intelligence community'' has the
meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4)).
(D) The term ``political and economic elites''
means political elites and economic elites.
(E) The term ``political elites'' means current and
former government officials and their high-level staff,
political party leaders, and political committee
leaders.
(2) Report required.--
(A) In general.--Not later than 270 days after the
date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary of
State, in coordination with other Federal agencies as
appropriate, shall submit a report to the appropriate
congressional committees regarding the ties between
criminal gangs and political and economic elites in
Haiti. The report shall--
(i) identify prominent criminal gangs in
Haiti, describe their criminal activities
including coercive recruitment, and identify
their primary geographic areas of operations;
(ii) list Haitian political and economic
elites who knowingly have direct and
significant links to criminal gangs;
(iii) describe in detail the relationship
between the individuals listed pursuant to
clause (ii) and the criminal gangs identified
pursuant to clause (i);
(iv) list Haitian political and economic
elites with links to criminal activities who
are currently subjected to visa restrictions or
sanctions by the United States, its
international partners, or the United Nations,
including information regarding--
(I) the date on which each such
Haitian political or economic elite was
designated for restrictions or
sanctions;
(II) which countries have
designated such Haitian political and
economic elites for restrictions or
sanctions; and
(III) for Haitian political and
economic elites who were designated by
the United States, the statutory basis
for such designation;
(v) describe in detail how Haitian
political and economic elites use their
relationships with criminal gangs to advance
their political and economic interests and
agenda;
(vi) include a list of each criminal
organization assessed to be trafficking
Haitians and other individuals to the United
States border;
(vii) include an assessment of how the
nature and extent of collusion between
political and economic elites and criminal
gangs threatens the Haitian people and United
States national interests and activities in the
country, including the provision of security
assistance to the Haitian government; and
(viii) include an assessment of potential
actions that the Government of the United
States and the Government of Haiti could take
to address the findings made pursuant to clause
(vii).
(B) Form of report.--The report required under
subparagraph (A) shall be submitted in unclassified
form, but may include a classified annex.
(3) Designations of political and economic elites.--
(A) In general.--The Secretary of State, in
coordination with the heads of other relevant Federal
agencies and departments, shall identify persons
identified pursuant to clause (i) and (ii) of paragraph
(2)(A) who shall be subjected to visa restrictions and
may be subjected to asset blocking sanctions under--
(i) section 7031(c) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public
Law 117-103; 8 U.S.C. 1182 note); or
(ii) section 1263 of the Global Magnitsky
Human Rights Accountability Act (22 U.S.C.
10102).
(B) Waiver.--The President may waive the
requirements under subparagraph (A) with respect to a
foreign person if the President certifies and reports
to the appropriate congressional committees before such
waiver is to take effect that such waiver would serve a
national interest of the United States.
(C) Public availability.--The list of persons
identified pursuant to paragraph (2)(A)(ii) shall be
posted on a publicly accessible website of the
Department of State concurrently with the submission of
the report required under paragraph (2)(A).
(D) Implementation authority.--The President may
exercise all authorities provided to the President
under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
for purposes of carrying out this section.
(E) Rule of construction.--Nothing in this section
shall be construed to affect the availability of any
existing authorities to issue waivers, exceptions,
exemptions, licenses, or other authorizations.
(4) Sunset.--This section shall cease to have effect on the
date that is 5 years after the date of the enactment of this
Act.
(b) Exception Relating to Importation of Goods.--
(1) In general.--A requirement to block and prohibit all
transactions in all property and interests in property pursuant
to the authority provided by this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply or
manufactured product, including inspection and test equipment,
and excluding technical data.
SEC. 303. EXTENSION OF SPECIAL RULES FOR HAITI UNDER CARIBBEAN BASIN
ECONOMIC RECOVERY ACT.
(a) In General.--Section 213A of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by amending subparagraph (B)(v)(I) to
read as follows:
``(I) Applicable percentage.--The
term `applicable percentage' means 60
percent or more during the period
beginning on December 20, 2017, and
ending on September 30, 2030.''; and
(ii) by amending subparagraph (C) to read
as follows:
``(C) Quantitative limitations.--The preferential
treatment described in subparagraph (A) shall be
extended, during each period after the initial
applicable 1-year period, to not more than 1.25 percent
of the aggregate square meter equivalents of all
apparel articles imported into the United States in the
most recent 12-month period for which data are
available.''; and
(B) in paragraph (2), by striking ``in each of the
16 succeeding 1-year periods'' each place it appears
and inserting ``in any of the succeeding 1-year
periods''; and
(2) by amending subsection (h) to read as follows:
``(h) Termination.--The duty-free treatment provided under this
section shall remain in effect until September 30, 2030.''.
(b) Modifications to the Harmonized Tariff Schedule of the United
States.--The President shall proclaim such modifications as may be
necessary to the Harmonized Tariff Schedule of the United States to
restore such special tariff treatment to articles that lost such
treatment due to prior modifications made to U.S. notes, tariff
headings, subheadings or statistical suffixes in chapters 1 through 97
of the Harmonized Tariff Schedule of the United States before the date
of the enactment of this Act and remain eligible for such tariff
treatment due to the amendments made by subsection (a) to section 213A
of the Caribbean Basin Economic Recovery Act.
SEC. 304. REPORTS ON FOREIGN BOYCOTTS OF ISRAEL.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the head of the Office
of Antiboycott Compliance of the Bureau of Industry and Security of the
Department of Commerce shall submit to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report on foreign boycotts
described in section 1773(a) of the Anti-Boycott Act of 2018 (50 U.S.C.
4842(a)) targeted at the State of Israel.
(b) Elements.--The report required by subsection (a) shall include
a description of--
(1) the foreign boycotts; and
(2) the steps taken by the Secretary of Commerce to enforce
the provisions of the Anti-Boycott Act of 2018 (50 U.S.C. 4841
et seq.) with respect to such boycotts.
(c) Termination.--The requirement to submit reports under
subsection (a) shall terminate on the date that is 5 years after the
date of the enactment of this Act.
SEC. 305. LICENSING TRANSPARENCY.
Section 1756 of the Export Control Reform Act of 2018 (50 U.S.C.
4815) is amended by adding at the end the following:
``(e) Report.--
``(1) In general.--Not later than one year after the date
of the enactment of this subsection, and not less frequently
than annually thereafter, the Secretary, shall, subject to the
availability of appropriations, submit to the appropriate
congressional committees a report on license applications,
enforcement actions, and other requests for authorization for
the export, reexport, release, and in-country transfer of items
controlled under this part to covered entities.
``(2) Elements.--The report required by paragraph (1) shall
include, with respect to the one year preceding the previous
one-year period, the following:
``(A) For each license application or other request
for authorization, the name of the entity submitting
the application, a brief description of the item
(including the Export Control Classification Number
(ECCN) and level of control, if applicable), the name
of the end-user, the end-user's location, a value
estimate, decision with respect to the license
application or authorization, and the date of
submission.
``(B) The date, location, and result of any related
enforcement activities, such as end-use checks, to
ensure compliance with United States export controls.
``(C) Aggregate statistics on all license
applications and other requests for authorization as
described in subparagraph (A).
``(3) Confidentiality of information.--The information
required to be provided in the reports required by this
subsection (other than the information required by paragraph
(2)(C)) shall be exempt from public disclosure pursuant to
section 1761(h)(1).
``(4) Definitions.--In this subsection--
``(A) the term `appropriate congressional
committees' means--
``(i) the Committee on Foreign Affairs of
the House of Representatives; and
``(ii) the Committee on Banking, Housing,
and Urban Affairs of the Senate; and
``(B) the term `covered entity' means any entity
that--
``(i) is located or operating in a country
listed in Country Group D:5 under Supplement
No. 1 to part 740 of title 15, Code of Federal
Regulations; and
``(ii) is included on--
``(I) the list maintained and set
forth in Supplement No. 4 to part 744
of the Export Administration
Regulations; or
``(II) the list maintained and set
forth in Supplement No. 7 to part 744
of the Export Administration
Regulations.''.
SEC. 306. TEN-YEAR STATUTE OF LIMITATIONS FOR EXPORT CONTROL AND ANTI-
BOYCOTT VIOLATIONS.
(a) Export Control Violations.--Section 1760 of the Export Control
Reform Act of 2018 (50 U.S.C. 4819) is amended by adding at the end the
following:
``(g) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding
for the enforcement of any civil fine, penalty, or
forfeiture, pecuniary or otherwise, under this section
may not be entertained unless the action, suit, or
proceeding is commenced within the 10-year period
beginning on the date of the violation upon which the
civil fine, penalty, or forfeiture is based.
``(B) Commencement.--For purposes of subparagraph
(A), the commencement of an action, suit, or proceeding
includes the issuance of a charging letter.
``(2) Time for indictment.--No person may be prosecuted,
tried, or punished for any offense under subsection (a) unless
the indictment is found or the information is instituted within
the 10-year period beginning on the latest date of the
violation upon which the indictment or information is based.''.
(b) Anti-boycott Violations.--Section 1774 of the Export Control
Reform Act of 2018 (50 U.S.C. 4843) is amended by adding at the end the
following:
``(e) Statute of Limitations.--
``(1) Time for commencing proceedings.--
``(A) In general.--An action, suit, or proceeding
for the enforcement of any civil fine, penalty, or
forfeiture, pecuniary or otherwise, under this section
may not be entertained unless the action, suit, or
proceeding is commenced within the 10-year period
beginning on the date of the violation upon which the
civil fine, penalty, or forfeiture is based.
``(B) Commencement.--For purposes of subparagraph
(A), the commencement of an action, suit, or proceeding
includes the issuance of a charging letter.
``(2) Time for indictment.--No person shall be prosecuted,
tried, or punished for any offense under section 1773(a)(1)
unless the indictment is found or the information is instituted
within the 10-year period beginning on the latest date of the
violation upon which the indictment or information is based.''.
TITLE IV--VETERANS
SEC. 401. PROTECTING REGULAR ORDER FOR VETERANS ACT OF 2024.
(a) Short Title.--This section may be cited as the ``Protecting
Regular Order for Veterans Act of 2024'' or the ``PRO Veterans Act of
2024''.
(b) Quarterly Briefings on Department of Veterans Affairs Budgetary
Shortfalls.--
(1) Quarterly briefings.--
(A) Quarterly briefings required.--During the first
quarter beginning after the date of the enactment of
this Act and in each quarter thereafter until the date
that is three years after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall
provide to the appropriate committees of Congress a
quarterly briefing, in person, on the budget of the
Department of Veterans Affairs and any shortfall the
Department may be experiencing.
(B) Plans.--In any case in which the Secretary
informs Congress during a briefing under paragraph (1)
that the Department is experiencing a shortfall, the
Secretary shall, during such briefing, present the
plans of the Secretary to address or mitigate the
shortfall.
(2) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Veterans' Affairs and
the Committee on Appropriations of the Senate;
and
(ii) the Committee on Veterans' Affairs and
the Committee on Appropriations of the House of
Representatives.
(B) Shortfall.--The term ``shortfall'', with
respect to a fiscal year, means that the amount of
appropriations required by the Department of Veterans
Affairs for such fiscal year to meet all of the
statutory obligations of the Department during that
fiscal year exceeds the amount of appropriations
requested for the Department for that fiscal year in
the budget of the President submitted pursuant to
section 1105(a) of title 31, United States Code, for
that fiscal year.
(c) Limitations on Provision of Incentives for Critical Skills to
Senior Executive Service Employees of Department of Veterans Affairs.--
Section 706(d) of title 38, United States Code, is amended by adding at
the end the following:
``(7)(A) Subject to subparagraph (B)(ii), a critical skill
incentive may not be provided under paragraph (1) to an employee of the
Department employed in a Senior Executive Service position, or a
position in another comparable system for senior-level Government
employees, as defined by the Secretary, whose position is at the
Central Office of the Department, including the Veterans Health
Administration, the Veterans Benefits Administration, and the National
Cemetery Administration, regardless of the actual location where the
employee performs the functions of the position.
``(B)(i) A critical skill incentive provided under paragraph (1) to
an employee of the Department employed in a Senior Executive Service
position, or a position in another comparable system for senior-level
Government employees, as defined by the Secretary, not described in
subparagraph (A) of this paragraph may only be provided--
``(I) on an individual basis and may not be provided to a
group of such employees; and
``(II) upon approval of the following officers or those
serving in an acting capacity:
``(aa) The Under Secretary for Benefits, the Under
Secretary for Health, or the Under Secretary for
Memorial Affairs.
``(bb) The Assistant Secretary for Human Resources
and Administration.
``(cc) The Director of the Office of Management or
the Chief Financial Officer.
``(dd) The Assistant Secretary for Accountability
and Whistleblower Protection.
``(ee) The General Counsel.
``(ff) Such other officers as the Secretary
determines appropriate.
``(ii) In the case of an employee of the Department employed in a
Senior Executive Service position, or a position in another comparable
system for senior-level Government employees, as defined by the
Secretary, whose position is primarily at the Central Office of the
Department, but who performs some portion of the employee's job
function at other facilities of the Department, as defined by the
Secretary, not at Central Office--
``(I) the employee shall not be considered described in
subparagraph (A) with respect to the portion of the employee's
job function that is based out of non-Central Office facilities
of the Department; and
``(II) any critical skill incentive provided under
paragraph (1) to the employee for the portion of the employee's
job function that is based out of facilities of the Department
other than the Central Office shall be proportionate to the
time spent at those Department facilities.
``(C)(i) Not later than one year after the date of the enactment of
the Protecting Regular Order for Veterans Act of 2024, and not less
frequently than once each year thereafter, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives an annual report
on the employees of the Department employed in a Senior Executive
Service position, or a position in another comparable system for
senior-level Government employees, as defined by the Secretary, who
were provided a critical skill incentive under paragraph (1).
``(ii) Reports submitted pursuant to clause (i) may be submitted by
incorporating their contents into other congressionally mandated
reports to the committees described in such clause.
``(D) In this paragraph, the term `Senior Executive Service
position' has the meaning given such term in section 3132(a) of title
5.''.
SEC. 402. IMPROVING VETERANS' EXPERIENCE ACT OF 2024.
(a) Short Title.--This section may be cited as the ``Improving
Veterans' Experience Act of 2024''.
(b) Establishment of Veterans Experience Office.--
(1) In general.--Chapter 3 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 325. Veterans Experience Office
``(a) Establishment.--There is established in the Department within
the Office of the Secretary an office to be known as the `Veterans
Experience Office' (in this section referred to as the `Office').
``(b) Head of Office.--(1) The head of the Office shall be the
Chief Veterans Experience Officer.
``(2) The Chief Veterans Experience Officer shall--
``(A) be appointed by the Secretary from among individuals
the Secretary considers qualified to perform the duties of the
position;
``(B) report directly to the Secretary; and
``(C) be responsible for carrying out the functions of the
Office set forth under subsection (c).
``(c) Function.--The functions of the Office are as follows:
``(1) Carrying out the key customer experience initiatives
of the Department relating to veterans' and other
beneficiaries' satisfaction with and usage of benefits and
services furnished under laws administered by the Secretary for
which they are eligible, including setting the strategy,
framework, policy, and other guidance for the Department
relating to customer experience, including ensuring the
activities of the Office and those of other organizations and
offices within the Department are coordinated and not
duplicative.
``(2) Requiring the heads of other organizations and
offices within the Department to report regularly on customer
experience metrics, action plans, and other customer experience
improvement efforts to the Chief Veterans Experience Officer.
``(3) Collecting veteran-derived data--
``(A) to determine veteran and beneficiary
satisfaction with and usage of the benefits and
services furnished under laws administered by the
Secretary for which they are eligible; and
``(B) to be considered during policymaking.
``(4) Providing strategic guidance and strategies to
Department entities for engaging with veterans and
beneficiaries regarding benefits and services furnished under
laws administered by the Secretary, including those not using
such benefits and services.
``(5) Assessing and advising the Secretary on the accuracy
and helpfulness of the websites and other customer-facing
information of the Department, be it available electronically
or in any other format.
``(6) Assessing and advising the Secretary on the status
and opportunities for improvement of the customer service
efforts of the Department.
``(d) Reports.--(1) Each year, the Chief Veterans Experience
Officer shall submit to the Secretary a summary of the data received by
the Chief Veterans Experience Officer under subsection (c)(2).
``(2) Each year, not later than 180 days after the date on which
the Secretary receives the summary under paragraph (1), the Secretary
shall submit to Congress an annual summary and analysis of the matters
summarized pursuant to such paragraph.
``(3) Each annual summary submitted pursuant to paragraph (2) shall
include the following:
``(A) Data regarding customer service and experience
feedback, disaggregated by benefit or service furnished under
laws administered by the Secretary, and relevant demographic
data of the veterans and beneficiaries providing the feedback.
``(B) Data regarding veteran and beneficiary satisfaction
with and usage of benefits or services, disaggregated by
benefit or service furnished under laws administered by the
Secretary, and relevant demographic data of the veterans and
beneficiaries providing the feedback, including--
``(i) potential reasons for not using the benefits
or services, such as--
``(I) eligibility;
``(II) lack of knowledge or awareness of
existence of benefit or service;
``(III) barriers of technology,
information, or time; and
``(IV) other related reasons; and
``(ii) an analysis of how such reasons may be
addressed.
``(e) Staff and Resources.--(1) The Secretary shall ensure that--
``(A) the Office has such staff, resources, and access to
customer service and experience information as may be necessary
to carry out the functions of the Office; and
``(B) any information provided to the Office does not
include personally identifiable information of an individual
veteran, survivor, dependent, or other beneficiary unless such
individual provides appropriate consent to allow such
information to be shared with the Office.
``(2) Funds available for basic pay and other administrative
expenses of other Department organizations and offices may be available
to reimburse the Office for all services provided at rates which will
recover actual costs for services provided to such organizations if the
Secretary determines that contributing to such costs will not undermine
the ability of any such organization or office to provide services
required by such office.
``(3) Nothing in this subsection shall be construed to authorize an
increase in the number of full-time employees otherwise authorized for
the Department.
``(f) Privacy.--Nothing in this section shall be construed to
authorize the Chief Veterans Experience Officer to disclose any record
in contravention of section 552a of title 5 (commonly referred to as
the `Privacy Act of 1974').
``(g) Sunset.--The requirements and authorities of this section
shall terminate on September 30, 2028.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by adding at
the end the following new item:
``325. Veterans Experience Office.''.
(c) Comptroller General Review of Veterans Experience Office and
Customer Service Improvement Efforts.--Not later than 540 days after
the date of the enactment of this Act, the Comptroller General of the
United States shall--
(1) complete an analysis of the methodology, effectiveness,
and implementation of findings and feedback of veterans and
beneficiaries used by the Department of Veterans Affairs,
including the Veterans Experience Office, to improve veteran
and beneficiary customer experience and satisfaction, including
through the use of what are known as ``trust-scores'', Veteran
Signals also known as ``VSignals'', and related survey and data
collection activities, processes, and initiatives; and
(2) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report setting forth the findings of the
Comptroller General with respect to the analysis completed
pursuant to paragraph (1).
SEC. 403. NAMING THE DEPARTMENT OF VETERANS AFFAIRS COMMUNITY-BASED
OUTPATIENT CLINIC IN PLANO, TEXAS, AS THE ``U.S.
CONGRESSMAN SAM JOHNSON MEMORIAL VA CLINIC''.
(a) Short Title.--This section may be cited as the ``U.S.
Congressman Sam Johnson Memorial VA Clinic Act''.
(b) Name of Department of Veterans Affairs Community-based
Outpatient Clinic, Plano, Texas.-- The Department of Veterans Affairs
community-based outpatient clinic in Plano, Texas, shall after the date
of the enactment of this Act be known and designated as the ``U.S.
Congressman Sam Johnson Memorial VA Clinic''. Any reference to such
clinic in any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the U.S.
Congressman Sam Johnson Memorial VA Clinic.
SEC. 404. EDDIE BERNICE JOHNSON VA MEDICAL CENTER.
(a) Findings.--Congress finds the following:
(1) Congresswoman Eddie Bernice Johnson served the veteran
community diligently during her 16 years working as the Chief
Psychiatric Nurse of the Dallas VA Medical Center.
(2) Throughout her 30 years in Congress, Eddie Bernice
Johnson introduced numerous bills that sought to honor and
serve the patriots who so nobly served their country.
(3) Congresswoman Johnson introduced, and won passage of,
the Dr. James Allen Veteran Vision Equity Act of 2007 (Public
Law 110-157; 38 U.S.C. 101 note), which assists those wounded
in service in receiving the treatment they need, and increases
the dignity shown to those who gave their last full measure of
devotion to the country that they served.
(4) Congresswoman Eddie Bernice Johnson was a trailblazer
who worked tirelessly on behalf of American veterans and has
earned the respect and honor of her native city of Dallas,
State of Texas, the United States, and the Congress.
(b) Designation of the Eddie Bernice Johnson VA Medical Center.--
(1) Designation.--The Dallas Veterans Center of the
Department of Veterans Affairs located at 4500 South Lancaster
Road, Dallas, Texas, shall, after the date of the enactment of
this Act, be known and designated as the ``Eddie Bernice
Johnson VA Medical Center''.
(2) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
veterans center referred to in paragraph (1).
TITLE V--COMPREHENSIVE OUTBOUND INVESTMENT NATIONAL SECURITY ACT OF
2024
SEC. 1. SHORT TITLE.
This title may be cited as the ``Comprehensive Outbound Investment
National Security Act of 2024'' or ``COINS Act of 2024''.
SEC. 2. SECRETARY DEFINED.
Except as otherwise provided, in this title, the term ``Secretary''
means the Secretary of the Treasury.
SEC. 3. SEVERABILITY.
If any provision of this title, or the application thereof, is held
invalid, the validity of the remainder of this title and the
application of such provision to other persons and circumstances shall
not be affected thereby.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
$150,000,000 to the Department of the Treasury, out of which amounts
may be transferred to the Department of Commerce to jointly conduct
outreach to industry and persons affected by this title, for each of
the first two fiscal years beginning on or after the date of the
enactment of this Act, to carry out this title.
(b) Hiring Authority.--
(1) By the president.--The President may appoint, without
regard to the provisions of sections 3309 through 3318 of title
5, United States Code, not more than 15 individuals directly to
positions in the competitive service (as defined in section
2102 of that title) to carry out this title.
(2) By agencies.--The Secretary and the Secretary of
Commerce may appoint, without regard to the provisions of
sections 3309 through 3318 of title 5, United States Code,
individuals directly to positions in the competitive service
(as defined in section 2102 of that title) of the Department of
the Treasury and the Department of Commerce, respectively, to
carry out this title.
SEC. 5. TERMINATION.
This title shall cease to have any force or effect on the date on
which the Secretary of Commerce revises section 791.4 of title 15, Code
of Federal Regulations, to remove the People's Republic of China from
the list of foreign adversaries contained in such section.
Subtitle A--Imposition of Sanctions
SEC. 101. IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to any foreign person determined by the
Secretary, in consultation with the Secretary of State, to be a covered
foreign person.
(b) Sanctions Described.--The President may exercise all of the
powers granted to the President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in property and interests in
property of a foreign person that is determined to be a covered foreign
person pursuant to subsection (a) if such property and interests in
property are in the United States, come within the United States, or
are or come within the possession or control of a United States person.
(c) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to any person who violates, attempts to
violate, conspires to violate, or causes a violation of any prohibition
of this section, or an order or regulation prescribed under this
section, to the same extent that such penalties apply to a person that
commits an unlawful act described in section 206(a) of such Act (50
U.S.C. 1705(a)).
(d) Exception for Intelligence and Law Enforcement Activities.--
Sanctions under this section shall not apply with respect to any
activity subject to the reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any
authorized intelligence activities of the United States.
(e) Exception for United States Government Activities.--Nothing in
this section shall prohibit transactions for the conduct of the
official business of the Federal Government by employees, grantees, or
contractors thereof.
(f) Report to Congress.--Not later than 365 days after the date of
the enactment of this Act, and annually thereafter for 7 years, the
Secretary shall submit to the appropriate congressional committees a
report that--
(1) states whether each foreign person on the Non-SDN
Chinese Military-Industrial Complex Companies List is a covered
foreign person; and
(2) shall be submitted in unclassified form, but may
include a classified annex.
(g) Consideration of Certain Information in Imposing Sanctions.--In
determining whether a foreign person is a covered foreign person, the
President--
(1) may consider credible information obtained by other
countries, nongovernmental organizations, or the appropriate
congressional committees that relates to the foreign person;
and
(2) may consider any other information that the Secretary
deems relevant.
(h) Administrative Provisions.--The President may exercise all
authorities provided under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out
this section.
(i) Delegation.--The President shall delegate the authorities
granted by this section to the Secretary.
SEC. 102. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate.
(2) Country of concern.--The term ``country of concern''--
(A) means the People's Republic of China; and
(B) includes the Hong Kong Special Administrative
Region and the Macau Special Administrative Region.
(3) Covered foreign person.--The term ``covered foreign
person'' means a foreign person--
(A)(i) that is incorporated in, has a principal
place of business in, or is organized under the laws of
a country of concern;
(ii) the equity securities of which are primarily
traded in the ordinary course of business on one or
more exchanges in a country of concern;
(iii) that is a member of the Central Committee of
the Chinese Communist Party;
(iv) that is the state or the government of a
country of concern, as well as any political
subdivision, agency, or instrumentality thereof;
(v) that is subject to the direction or control of
any entity described in clause (i), (ii), (iii), or
(iv); or
(vi) that is owned in the aggregate, directly or
indirectly, 50 percent or more by an entity or a group
of entities described in clause (i), (ii), (iii), or
(iv); and
(B) that knowingly engaged in significant
operations in the defense and related materiel sector
or the surveillance technology sector of the economy of
a country of concern.
(4) Foreign person.--The term ``foreign person'' means a
person, country, state, or government (and any political
subdivision, agency, or instrumentality thereof) that is not a
United States person.
(5) Non-SDN chinese military-industrial complex companies
list.--The term ``Non-SDN Chinese Military-Industrial Complex
Companies List'' means the list maintained by the Office of
Foreign Assets Control of the Department of the Treasury under
Executive Order 13959, as amended by Executive Order 14032 (50
U.S.C. 1701 note; relating to addressing the threat from
securities investments that finance certain companies of the
People's Republic of China), or any successor order.
(6) United states person.--The term ``United States
person'' means--
(A) any United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States (including any foreign branch of such an
entity); or
(C) any person in the United States.
Subtitle B--Prohibition and Notification on Investments Relating to
Covered National Security Transactions
SEC. 111. PROHIBITION AND NOTIFICATION ON INVESTMENTS RELATING TO
COVERED NATIONAL SECURITY TRANSACTIONS.
The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is
amended by adding at the end the following:
``TITLE VIII--PROHIBITION AND NOTIFICATION ON INVESTMENTS RELATING TO
COVERED NATIONAL SECURITY TRANSACTIONS
``SEC. 801. PROHIBITION ON INVESTMENTS.
``(a) In General.--The Secretary may prohibit, in accordance with
regulations issued under subsection (e), a United States person from
knowingly engaging in a covered national security transaction in a
prohibited technology.
``(b) Evasion.--Any transaction by a United States person or within
the United States that evades or avoids, has the purpose of evading or
avoiding, causes a violation of, or attempts to violate the prohibition
set forth in subsection (a) is prohibited.
``(c) Waiver.--Subject to subsection (d), the Secretary is
authorized to exempt from the prohibition set forth in subsection (a)
any activity determined by the President, in consultation with the
Secretary, the Secretary of Commerce and, as appropriate, the heads of
other relevant Federal departments and agencies, to be in the national
interest of the United States.
``(d) Congressional Notification.--The Secretary shall--
``(1) notify the appropriate congressional committees not
later than 5 business days after issuing a waiver under
subsection (c); and
``(2) include in such notification an identification of the
national interest justifying the use of the waiver.
``(e) Regulations.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Commerce and, as appropriate, the heads of other
relevant Federal departments and agencies, may issue
regulations to carry out this section in accordance with
subchapter II of chapter 5 and chapter 7 of title 5, United
States Code (commonly known as `Administrative Procedure Act').
``(2) Non-binding feedback.--
``(A) In general.--The regulations issued under
paragraph (1) shall include a process under which a
person can request non-binding feedback on a
confidential basis as to whether a transaction would
constitute a covered national security transaction in a
prohibited technology.
``(B) Authority to limit frivolous feedback
requests.--In establishing the process required by
subparagraph (A), the Secretary may prescribe
limitations on requests for feedback identified as
frivolous for purposes of this subsection.
``(3) Notice and opportunity to cure.--
``(A) In general.--The regulations issued under
paragraph (1) shall account for whether a United States
person has self-identified a violation of the
prohibition set forth in subsection (a) in determining
the legal consequences of that violation.
``(B) Self-disclosure letters.--The regulations
issued under paragraph (1) shall dictate the form and
content of a letter of self-disclosure, which shall
include relevant facts about the violation, why the
United States person believes its activity to have
violated the prohibition set forth in subsection (a),
and a proposal for mitigation of the harm of such
action.
``(4) Public notice and comment.--The regulations issued
under paragraph (1) shall be subject to public notice and
comment.
``(5) Low-burden regulations.--In issuing regulations under
paragraph (1), the Secretary shall balance the priority of
protecting the national security interest of the United States
while, to the extent practicable--
``(A) minimizing the cost and complexity of
compliance for affected parties, including the
duplication of reporting requirements under current
regulations;
``(B) adopting the least burdensome alternative
that achieves regulatory objectives; and
``(C) prioritizing transparency and stakeholder
involvement in the process of issuing the rules.
``(6) Penalties.--
``(A) In general.--The regulations issued under
paragraph (1) shall provide for the imposition of civil
penalties described in subparagraph (B) for violations
of the prohibition set forth in subsection (a).
``(B) Penalties described.--
``(i) Unlawful acts.--It shall be unlawful
for a person to violate, attempt to violate,
conspire to violate, or cause a violation of
any license, order, regulation, notification
requirement, or prohibition issued under this
section.
``(ii) Civil penalty.--The Secretary may
impose a civil penalty on any person who
commits an unlawful act described in clause (i)
in an amount not to exceed the greater of--
``(I) $250,000; or
``(II) an amount that is twice the
amount of the transaction that is the
basis of the violation with respect to
which the penalty is imposed.
``(iii) Divestment.--The Secretary may
compel the divestment of a covered national
security transaction in a prohibited technology
determined to be in violation of this title.
``(iv) Relief.--The President may direct
the Attorney General of the United States to
seek appropriate relief, including divestment
relief, in the district courts of the United
States, in order to implement and enforce this
title.
``(7) Burden of proof.--In accordance with section 556(d)
of title 5, United States Code, in an enforcement action for a
violation of the prohibition set forth in subsection (a), the
burden of proof shall be upon the Secretary.
``SEC. 802. NOTIFICATION ON INVESTMENTS.
``(a) Mandatory Notification.--Not later than 450 days after the
date of the enactment of this title, the Secretary shall issue
regulations prescribed in accordance with subsection (b), to require a
United States person that engages in a covered national security
transaction in a prohibited technology (unless the Secretary has
exercised the authority provided by section 801(a) to prohibit
knowingly engaging in such covered national security transaction) or a
notifiable technology to submit to the Secretary a written notification
of the transaction not later than 30 days after the completion date of
the transaction.
``(b) Regulations.--
``(1) In general.--Not later than 450 days after the date
of the enactment of this title, the Secretary, in consultation
with the Secretary of Commerce and, as appropriate, the heads
of other relevant Federal departments and agencies, shall issue
regulations to carry out this section in accordance with
subchapter II of chapter 5 and chapter 7 of title 5, United
States Code (commonly known as `Administrative Procedure Act').
``(2) Public notice and comment.--The regulations issued
under paragraph (1) shall be subject to public notice and
comment.
``(3) Low-burden regulations.--In issuing regulations under
paragraph (1), the Secretary shall balance the priority of
protecting the national security interest of the United States
while, to the extent practicable--
``(A) minimizing the cost and complexity of
compliance for affected parties, including the
duplication of reporting requirements under current
regulation;
``(B) adopting the least burdensome alternative
that achieves regulatory objectives; and
``(C) prioritizing transparency and stakeholder
involvement in the process of issuing the rules.
``(4) Penalties.--
``(A) In general.--The regulations issued under
paragraph (1) shall provide for the imposition of civil
penalties described in subparagraph (B) for violations
of the notification requirement set forth in subsection
(a).
``(B) Penalties described.--
``(i) Unlawful acts.--It shall be unlawful
for a person to violate, attempt to violate,
conspire to violate, or cause a violation of
any license, order, regulation, notification
requirement, or prohibition issued under this
section.
``(ii) Civil penalty.--A civil penalty may
be imposed on any person who commits an
unlawful act described in clause (i) in an
amount not to exceed the greater of--
``(I) $250,000; or
``(II) an amount that is twice the
amount of the transaction that is the
basis of the violation with respect to
which the penalty is imposed.
``(5) Burden of proof.--In accordance with section 556(d)
of title 5, United States Code, in an enforcement action for a
violation of the prohibition set forth in subsection (a), the
burden of proof shall be upon the Secretary.
``(6) Completeness of notification.--
``(A) In general.--The Secretary shall, upon
receipt of a notification under subsection (a), and in
consultation with the Secretary of Commerce, promptly
inspect the notification for completeness.
``(B) Incomplete notifications.--If a notification
submitted under subsection (a) is incomplete, the
Secretary shall promptly inform the United States
person that submits the notification that the
notification is not complete and provide an explanation
of relevant material respects in which the notification
is not complete.
``(7) Identification of non-notified activity.--The
Secretary, in coordination with the Secretary of Commerce,
shall establish a process to identify covered national security
transactions in a prohibited technology or a notifiable
technology for which--
``(A) a notification is not submitted to the
Secretary under subsection (a); and
``(B) information is reasonably available.
``(c) Confidentiality of Information.--
``(1) In general.--Except as provided in paragraph (2), any
information or documentary material filed with the Secretary
pursuant to this section shall be exempt from disclosure under
section 552(b)(3) of title 5, United States Code, and no such
information or documentary material may be made public by any
government agency or Member of Congress.
``(2) Exceptions.--The exemption from disclosure provided
by paragraph (1) shall not prevent the disclosure of the
following:
``(A) Information relevant to any administrative or
judicial action or proceeding.
``(B) Information provided to Congress or any of
the appropriate congressional committees.
``(C) Information important to the national
security analysis or actions of the Secretary to any
domestic governmental entity, or to any foreign
governmental entity of an ally or partner of the United
States, under the direction and authorization of the
Secretary, only to the extent necessary for national
security purposes, and subject to appropriate
confidentiality and classification requirements.
``(D) Information that the parties have consented
to be disclosed to third parties.
``(E) Information where the disclosure of such
information is determined by the Secretary to be in the
national security interest.
``(d) Inapplicability.--If the Secretary prohibits a covered
national security transaction in a prohibited technology under section
801, the requirements of this section shall not apply with respect to
the covered national security transaction.
``SEC. 803. REPORT.
``(a) In General.--Not later than one year after the date on which
the regulations issued under section 801(e) take effect, and not less
frequently than annually thereafter for 7 years, the Secretary, in
consultation with the Secretary of Commerce, shall submit to the
appropriate congressional committees a report that--
``(1) lists all enforcement actions taken subject to the
regulations during the year preceding submission of the report,
which includes, with respect to each such action, a description
of--
``(A) the prohibited technology or notifiable
technology;
``(B) the covered national security transaction;
and
``(C) the covered foreign person;
``(2) provides an assessment of whether Congress should
amend the definition of the term `prohibited technology' by--
``(A) identifying additional technologies, not
currently listed as a prohibited technology, that the
Secretary, in consultation with the Secretary of
Commerce and, as applicable, the Secretary of Defense,
the Secretary of State, the Secretary of Energy, the
Director of National Intelligence, and the heads of any
other relevant Federal agencies, determines may pose an
acute threat to the national security of the United
States if developed or acquired by a country of
concern;
``(B) explaining why each technology identified in
subparagraph (A) may pose an acute threat to the
national security of the United States if developed or
acquired by a country of concern; and
``(C) recommending the repeal of technologies from
the category of prohibited technology to the extent
that the technologies no longer pose an acute threat to
the national security of the United States if developed
or acquired by a country of concern;
``(3) lists all notifications submitted under section 802
during the year preceding submission of the report and
includes, with respect to each such notification--
``(A) basic information on each party to the
covered national security transaction with respect to
which the notification was submitted; and
``(B) the nature of the covered national security
transaction that was the subject to the notification,
including the elements of the covered national security
transaction that necessitated a notification;
``(4) includes a summary of those notifications,
disaggregated by prohibited technology, notifiable technology,
by covered national security transaction, and by country of
concern;
``(5) provides additional context and information regarding
trends in the prohibited technology, notifiable technology, the
types of covered national security transaction, and the
countries involved in those notifications; and
``(6) assesses the overall impact of those notifications,
including recommendations for--
``(A) expanding existing Federal programs to
support the production or supply of prohibited
technologies or notifiable technologies in the United
States, including the potential of existing authorities
to address any related national security concerns;
``(B) investments needed to enhance prohibited
technologies or notifiable technologies and reduce
dependence on countries of concern regarding those
technologies; and
``(C) the continuation, expansion, or modification
of the implementation and administration of this title,
including recommendations with respect to whether the
definition of the term `country of concern' under
section 807(2) should be amended to add or remove
countries.
``(b) Consideration of Certain Information.--In preparing the
report pursuant to subsection (a), the Secretary--
``(1) shall consider information provided jointly by the
chairperson and ranking member of any of the appropriate
congressional committees;
``(2) may consider credible information obtained by other
countries and nongovernmental organizations that monitor the
military, surveillance, intelligence, or technology
capabilities of a country of concern; and
``(3) may consider any other information that the Secretary
deems relevant.
``(c) Form of Report.--Each report required by this section shall
be submitted in unclassified form, but may include a classified annex.
``(d) Testimony Required.--Not later than one year after the date
of the enactment of this title, and annually thereafter for five years,
the Secretary and the Secretary of Commerce shall each provide to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
testimony with respect to the national security threats relating to
investments by United States persons in countries of concern and
broader international capital flows.
``(e) Requests by Appropriate Congressional Committees.--
``(1) In general.--After receiving a request that meets the
requirements of paragraph (2) with respect to whether a
technology should be included in the amendments as described in
subsection (a)(2), the Secretary shall, in preparing the report
pursuant to subsection (a)--
``(A) determine if that technology may pose an
acute threat to the national security of the United
States if developed or acquired by a country of
concern; and
``(B) include in the report pursuant to subsection
(a) an explanation with respect to that determination
that includes--
``(i) a statement of whether or not the
technology, as determined by the Secretary, may
pose an acute threat to the national security
of the United States if developed or acquired
by a country of concern; and
``(ii) if the Secretary determines that--
``(I) the technology may pose an
acute threat to the national security
of the United States if developed or
acquired by a country of concern, an
explanation for such determination and
a recommendation whether that
technology should be named a prohibited
technology or a notifiable technology;
and
``(II) the technology would not
pose an acute threat to the national
security of the United States if
developed or acquired by a country of
concern, an explanation for such
determination.
``(2) Requirements.--A request under paragraph (1) with
respect to whether a technology may pose an acute threat to the
national security of the United States if developed or acquired
by a country of concern shall be submitted to the Secretary in
writing jointly by the chairperson and ranking member of one or
more of the appropriate congressional committees.
``SEC. 804. MULTILATERAL ENGAGEMENT AND COORDINATION.
``(a) Authorities.--The Secretary, in coordination with the
Secretary of State, the Secretary of Commerce, and the heads of other
relevant Federal agencies, should--
``(1) conduct bilateral and multilateral engagement with
the governments of countries that are allies and partners of
the United States to promote and increase coordination of
protocols and procedures to facilitate the effective
implementation of and appropriate compliance with the
prohibitions pursuant to this title;
``(2) upon adoption of protocols and procedures described
in paragraph (1), work with those governments to establish
mechanisms for sharing information, including trends, with
respect to such activities; and
``(3) work with and encourage the governments of countries
that are allies and partners of the United States to develop
similar mechanisms of their own, for the exclusive purpose of
preventing the development or acquisition of prohibited
technologies by a country of concern.
``(b) Strategy for Multilateral Engagement and Coordination.--Not
later than 180 days after the date of the enactment of this title, the
Secretary, in consultation with the Secretary of State, the Secretary
of Commerce, and the heads of other relevant Federal agencies, should--
``(1) develop a strategy to work with the governments of
countries that are allies and partners of the United States to
develop mechanisms that are comparable to the prohibitions
pursuant to this title, for the exclusive purpose of preventing
the development and acquisition of prohibited technologies by a
country of concern; and
``(2) assess opportunities to provide technical assistance
to those countries with respect to the development of those
mechanisms.
``(c) Report.--Not later than one year after the date of the
enactment of this title, and annually thereafter for four years, the
Secretary shall submit to the appropriate congressional committees a
report that includes--
``(1) a discussion of any strategy developed pursuant to
subsection (b)(1), including key tools and objectives for the
development of comparable mechanisms by the governments of
allies and partners of the United States;
``(2) a list of partner and allied countries to target for
cooperation in developing their own prohibitions;
``(3) the status of the strategy's implementation and
outcomes; and
``(4) a description of impediments to the establishment of
comparable mechanisms by governments of allies and partners of
the United States.
``(d) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate; and
``(2) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
``SEC. 805. PUBLIC DATABASE OF COVERED FOREIGN PERSONS.
``(a) In General.--The Secretary, in consultation with the
Secretary of Commerce, may establish a publicly accessible, non-
exhaustive database that identifies covered foreign persons in a
prohibited technology pursuant to this title.
``(b) Confidentiality of Evidence.--The Secretary shall establish a
mechanism for the public, including Congress, stakeholders, investors,
and nongovernmental organizations, to submit evidence on a confidential
basis regarding whether a foreign person is a covered foreign person in
a prohibited technology and should be included in the database
described in subsection (a), if any.
``(c) Exemption From Disclosure.--
``(1) In general.--Except as provided in paragraph (2), any
information or documentary material filed with the Secretary
pursuant to this section shall be exempt from disclosure under
section 552(b)(3) of title 5, United States Code, and no such
information or documentary material may be made public (other
than the identity of a covered foreign person in accordance
with subsection (b)).
``(2) Exceptions.--Paragraph (1) shall not prohibit the
disclosure of the following:
``(A) Information relevant to any administrative or
judicial action or proceeding.
``(B) Information to Congress or any duly
authorized committee or subcommittee of Congress.
``(C) Information important to the national
security analysis or actions of the Secretary to any
domestic governmental entity, or to any foreign
governmental entity of a United States ally or partner,
under the exclusive direction and authorization of the
Secretary, only to the extent necessary for national
security purposes, and subject to appropriate
confidentiality and classification requirements.
``(D) Information that the parties have consented
to be disclosed to third parties.
``(d) Rule of Construction.--The database described in subsection
(a), if any, shall not be considered to be an exhaustive or
comprehensive list of covered foreign persons for the purposes of this
title.
``SEC. 806. RULE OF CONSTRUCTION.
``Nothing in this title may be construed to negate the authority of
the President under any authority, process, regulation, investigation,
enforcement measure, or review provided by or established under any
other provision of Federal law, or any other authority of the President
or the Congress under the Constitution of the United States.
``SEC. 807. DEFINITIONS.
``In this title:
``(1) Appropriate congressional committees.--Except as
provided by section 804(d), the term `appropriate congressional
committees' means--
``(A) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Energy
and Commerce, and the Committee on Appropriations of
the House of Representatives; and
``(B) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the
Senate.
``(2) Country of concern.--The term `country of concern'--
``(A) means the People's Republic of China; and
``(B) includes the Hong Kong Special Administrative
Region and the Macau Special Administrative Region.
``(3) Covered foreign person.--Subject to regulations
prescribed in accordance with this title, the term `covered
foreign person' means a foreign person that--
``(A) is incorporated in, has a principal place of
business in, or is organized under the laws of a
country of concern;
``(B) is a member of the Central Committee of the
Chinese Communist Party;
``(C) is subject to the direction or control of a
country of concern, an entity described in subparagraph
(A) or (B), or the state or the government of a country
of concern (including any political subdivision,
agency, or instrumentality thereof); or
``(D) is owned in the aggregate, directly or
indirectly, 50 percent or more by a country of concern,
an entity described in subparagraph (A) or (B), or the
state or the government of a country of concern
(including any political subdivision, agency, or
instrumentality thereof).
``(4) Covered national security transaction.--
``(A) In general.--Subject to such regulations as
may be issued in accordance with this title, the term
`covered national security transaction' means any
activity engaged in by a United States person that
involves--
``(i) the acquisition of an equity interest
or contingent equity interest in a covered
foreign person;
``(ii) the provision of a loan or similar
debt financing arrangement to a covered foreign
person, where such debt financing--
``(I) is convertible to an equity
interest; or
``(II) affords or will afford the
United States person the right to make
management decisions with respect to or
on behalf of a covered foreign person
or the right to appoint members of the
board of directors (or equivalent) of
the covered foreign person;
``(iii) the entrance by such United States
person into a joint venture with a covered
foreign person;
``(iv) the conversion of a contingent
equity interest (or interest equivalent to a
contingent equity interest) or conversion of
debt to an equity interest in a covered foreign
person;
``(v) the acquisition, leasing, or other
development of operations, land, property, or
other assets in a country of concern that will
result in, or that the United States person
intends to result in--
``(I) the establishment of a
covered foreign person; or
``(II) the engagement of a person
of a country of concern in a prohibited
technology where it was not previously
engaged in such prohibited technology;
``(vi) knowingly directing transactions by
foreign persons that the United States person
has knowledge at the time of the transaction
would constitute an activity described in
clause (i), (ii), (iii), (iv), or (v), if
engaged in by a United States person; or
``(vii) the acquisition of a limited
partner or equivalent interest in a venture
capital fund, private equity fund, fund of
funds, or other pooled investment fund that the
United States person has knowledge at the time
of the acquisition, intends to engage in an
activity described in clause (i), (ii), (iii),
(iv), (v), or (vi).
``(B) Exceptions.--Subject to notice and comment
regulations prescribed in consultation with Congress
and in accordance with this title, the term `covered
national security transaction' does not include--
``(i) any transaction the value of which
the Secretary determines is de minimis;
``(ii) any category of transactions that
the Secretary determines is in the national
interest of the United States;
``(iii) an investment--
``(I) in a security (as defined in
section 3(a) of the Securities Exchange
Act of 1934(15 U.S.C. 78c(a))) that is
traded on an exchange or the over-the-
counter market in any jurisdiction;
``(II) in a security issued by an
investment company (as defined in
section 3 of the Investment Company Act
of 1940(15 U.S.C. 80a-3)) that is
registered with the Securities and
Exchange Commission;
``(III) made as a limited partner
or equivalent in a venture capital
fund, private equity fund, fund of
funds, or other pooled investment fund
(other than as described in subclause
(II)) where--
``(aa) the limited partner
or equivalent's committed
capital is not more than
$2,000,000, aggregated across
any investment and co-
investment vehicles of the
fund; or
``(bb) the limited partner
or equivalent has secured a
binding contractual assurance
that its capital in the fund
will not be used to engage in a
transaction that would be a
covered national security
transaction if engaged in by a
United States person; or
``(IV) in a derivative of a
security described under subclause (I),
(II), or (III);
``(iv) any ancillary transaction undertaken
by a financial institution (as defined in
section 5312 of title 31, United States Code);
``(v) the acquisition by a United States
person of the equity or other interest owned or
held by a covered foreign person in an entity
or assets located outside of a country of
concern in which the United States person is
acquiring the totality of the interest in the
entity held by the covered foreign person;
``(vi) an intracompany transfer of funds,
as defined in regulations prescribed in
accordance with this title, from a United
States parent company to a subsidiary located
in a country of concern or a transaction that,
but for this clause, would be a covered
national security transaction between a United
States person and its controlled foreign person
that supports operations that are not covered
national security transactions or that
maintains covered national security
transactions that the controlled foreign person
was engaged in prior to January 2, 2025;
``(vii) a transaction secondary to a
covered national security transaction,
including--
``(I) contractual arrangements or
the procurement of material inputs for
any covered national security
transaction (such as raw materials);
``(II) bank lending;
``(III) the processing, clearing,
or sending of payments by a bank;
``(IV) underwriting services;
``(V) debt rating services;
``(VI) prime brokerage;
``(VII) global custody;
``(VIII) equity research or
analysis; or
``(IX) other similar services;
``(viii) any ordinary or administrative
business transaction as may be defined in such
regulations; or
``(ix) any transaction completed before the
date of the enactment of this title.
``(C) Ancillary transaction defined.--In this
paragraph, the term `ancillary transaction' means--
``(i) the processing, settling, clearing,
or sending of payments and cash transactions;
``(ii) underwriting services;
``(iii) credit rating services; and
``(iv) other services ordinarily incident
to and part of the provision of financial
services, such as opening deposit accounts,
direct custody services, foreign exchange
services, remittances services, and safe
deposit services.
``(5) Foreign person.--The term `foreign person' means a
person that is not a United States person.
``(6) Notifiable technology.--
``(A) In general.--The term `notifiable technology'
means a technology with respect to which a covered
foreign person--
``(i) designs any advanced integrated
circuit that is not covered under paragraph
(8)(A)(iii);
``(ii) fabricates any integrated circuit
that is not covered under paragraph (8)(A)(iv);
``(iii) packages any integrated circuit
that is not covered under paragraph (8)(A)(v);
or
``(iv) develops any artificial intelligence
system that is not covered under clause (vii),
(viii), (ix), or (xvi) of paragraph (8)(A), and
that is--
``(I) designed to be used for--
``(aa) any military end use
(such as for weapons targeting,
target identification, combat
simulation, military vehicle or
weapons control, military
decision-making, weapons design
(including chemical,
biological, radiological, or
nuclear weapons), or combat
system logistics and
maintenance); or
``(bb) any government
intelligence or mass-
surveillance end use (such as
through incorporation of
features such as mining text,
audio, or video, image
recognition, location tracking,
or surreptitious listening
devices);
``(II) intended by the covered
foreign person or joint venture to be
used for--
``(aa) cybersecurity
applications;
``(bb) digital forensics
tools;
``(cc) penetration testing
tools; or
``(dd) control of robotic
systems; or
``(III) trained using a quantity of
computing power greater than 10\23\
computational operations (such as
integer or floating-point operations).
``(B) Updates.--The Secretary, in consultation with
Congress, may prescribe regulations in accordance with
this title to refine the technical parameters of
technologies described in subparagraph (A) as
reasonably needed for national security purposes or to
add or remove categories to or from the list in
subparagraph (A).
``(7) Party.--The term `party', with respect to a covered
national security transaction, has the meaning given that term
in regulations prescribed in accordance with this title.
``(8) Prohibited technology.--
``(A) In general.--The term `prohibited technology'
means a technology with respect to which a covered
foreign person--
``(i) develops or produces any design
automation software for the design of
integrated circuits or advanced packaging;
``(ii) develops or produces any--
``(I) electronic design automation
software for the design of integrated
circuits or advanced packaging;
``(II) front-end semiconductor
fabrication equipment designed for the
volume fabrication of integrated
circuits, including equipment used in
the production stages from a blank
wafer or substrate to a completed wafer
or substrate; or
``(III) equipment for performing
volume advanced packaging;
``(iii) designs any integrated circuit
designs that meet or exceed the specifications
set in Export Control Classification Number
(ECCN) 3A090 in Supplement No. 1 to the Export
Administration Regulations, or integrated
circuits designed for operation at or below 4.5
Kelvin;
``(iv) fabricates integrated circuits that
are--
``(I) logic integrated circuits
using a non-planar transistor
architecture or with a technology node
of 16/14 nanometers or less, including
fully depleted silicon-on-insulator
(FDSOI) integrated circuits;
``(II) NOT-AND (NAND) memory
integrated circuits with 128 layers or
more;
``(III) dynamic random-access
memory (DRAM) integrated circuits using
a technology node of 18 nanometer half-
pitch or less;
``(IV) integrated circuits
manufactured from a gallium-based
compound semiconductor;
``(V) integrated circuits using
graphene transistors or carbon
nanotubes; or
``(VI) integrated circuits designed
for operation at or below 4.5 Kelvin;
``(v) packages any integrated circuit using
advanced packaging techniques;
``(vi) develops, designs, or produces any
commodity, material, software, or technology
designed exclusively for use in or with extreme
ultraviolet lithography fabrication equipment;
``(vii) develops, designs, or produces any
artificial intelligence models trained with at
least 10\25\ floating point operations;
``(viii) develops, designs, or produces any
artificial intelligence models that rely upon
or utilize advanced integrated circuits that
meet or exceed the specifications set in Export
Control Classification Number (ECCN) 3A090 in
Supplement No. 1 to the Export Administration
Regulations;
``(ix) develops, designs, or produces any
artificial intelligence models designed for use
by the Government of the People's Republic of
China, its special administrative regions, or
its agencies and instrumentalities;
``(x) develops a quantum computer or
produces any critical components required to
produce a quantum computer such as a dilution
refrigerator or two-stage pulse tube
cryocooler;
``(xi) develops or produces any quantum
sensing platform designed for, or which the
relevant covered foreign person intends to be
used for, any military, government
intelligence, or mass-surveillance end use;
``(xii) develops or produces quantum
networks or quantum communication systems
designed for or intended to be used for--
``(I) networking to scale up the
capabilities of quantum computers, such
as for the purposes of breaking or
compromising encryption;
``(II) secure communications, such
as quantum key distribution; or
``(III) any other application that
has any military, government
intelligence, or mass-surveillance end
use;
``(xiii) develops, designs, or produces
materials, components, avionics, flight
control, propulsion, Global Positioning System
(GPS), data relay, and target detection systems
designed for use in hypersonic systems or
capable of sustainable operations above 1,000
degrees Celsius;
``(xiv) develops, installs, sells, or
produces any supercomputer enabled by advanced
integrated circuits that can provide
theoretical compute capacity of 100 or more
double-precision (64-bit) petaflops or 200 or
more single-precision (32-bit) petaflops of
processing power within a 41,600 cubic foot or
smaller envelope;
``(xv) develops, designs, or produces any
other technologies in the advanced
semiconductors and microelectronics sector, the
artificial intelligence sector, the high-
performance computing and supercomputing
sector, the hypersonic missiles sector, or the
quantum information science and technology
sector that are--
``(I) defense articles or defense
services included on the United States
Munitions List set forth in the
International Traffic in Arms
Regulations under subchapter M of
chapter I of title 22, Code of Federal
Regulations;
``(II) specially designed and
prepared nuclear equipment, parts or
components, materials, software, or
technologies covered by part 810 of
title 10, Code of Federal Regulations
(relating to assistance to foreign
atomic energy activities);
``(III) nuclear facilities,
equipment, or materials covered by part
110 of title 10, Code of Federal
Regulations (relating to export and
import of nuclear equipment and
material); or
``(IV) emerging or foundational
technologies controlled pursuant to
section 1758 of the Export Control
Reform Act of 2018 (50 U.S.C. 4817); or
``(xvi) develops any artificial
intelligence system that is designed to be
exclusively used for, or which the relevant
covered foreign person intends to be used for,
any--
``(I) military end use (such as for
weapons targeting, target
identification, combat simulation,
military vehicle or weapon control,
military decision-making, weapons
design (including chemical, biological,
radiological, or nuclear weapons), or
combat system logistics and
maintenance); or
``(II) government intelligence or
mass-surveillance end (such as through
incorporation of features such as
mining text, audio, or video, image
recognition, location tracking, or
surreptitious listening devices).
``(B) Updates.--The Secretary, in consultation with
Congress, may prescribe regulations in accordance with
this title to make updates to the technical parameters
of technologies described in subparagraph (A) as
reasonably needed for national security purposes.
``(9) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of the Treasury.
``(10) United states person.--The term `United States
person' means--
``(A) any United States citizen or an alien
lawfully admitted for permanent residence to the United
States;
``(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States (including any foreign branch of such an
entity); or
``(C) any person in the United States.''.
SEC. 112. REVIEW OF AND REPORTING ON NATIONAL SECURITY SENSITIVE SITES
FOR PURPOSES OF REVIEWS OF REAL ESTATE TRANSACTIONS BY
THE COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES.
(a) List of National Security Sensitive Sites.--Section
721(a)(4)(C) of the Defense Production Act of 1950 (50 U.S.C.
4565(a)(4)(C)) is amended by adding at the end the following:
``(iii) List of sites.--For purposes of
subparagraph (B)(ii), the Committee may
prescribe through regulations a list of
facilities and property of the United States
Government that are sensitive for reasons
relating to national security. Such list may
include certain facilities and property of the
intelligence community and National
Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C.
15801)).''.
(b) Review and Reports.--Section 721(m) of the Defense Production
Act of 1950 (50 U.S.C. 4565(m)(2)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(L) A list of all notices and declarations filed
and all reviews or investigations of covered
transactions completed during the period relating to
facilities and property of the United States Government
determined to be sensitive for reasons relating to
national security for purposes of subsection
(a)(4)(B)(ii).
``(M) A certification that the list of sites
identified under subsection (a)(4)(C)(iii) reflects
consideration of the recommended updates and revisions
submitted under paragraph (4)(B). Upon request from any
Member of Congress specified in subsection
(b)(3)(C)(iii), the chairperson shall provide a
classified briefing to that Member, and staff of the
member with appropriate security clearances, regarding
the list of sites identified under subsection
(a)(4)(C)(iii).'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Annual review of list of facilities and property.--
Not later than January 31 of each year, each member of the
Committee shall--
``(A) review the facilities and property of the
agency represented by that member that are on the list
prescribed under subparagraph (C)(iii) of subsection
(a)(4) of facilities and property that are sensitive
for reasons relating to national security for purposes
of subparagraph (B)(ii) of that subsection; and
``(B) submit to the chairperson a report on that
review, after approval of the report by an Assistant
Secretary or equivalent official of the agency, which
shall include any recommended updates or revisions to
the list regarding facilities and property administered
by the member of the Committee.''.
(c) Centralization of Monitoring and Enforcement Functions.--
Section 721(q)(2) of the Defense Production Act of 1950 (50 U.S.C.
4565(q)(2)) is amended by inserting before the period the following:
``, such as monitoring of agreements and conditions entered into or
imposed under subsection (l) and enforcement of this section''.
(d) Mandatory Declarations of Transactions Relating to Critical
Infrastructure and Critical Technologies.--Section
721(b)(1)(C)(v)(IV)(cc) of the Defense Production Act of 1950 (50
U.S.C. 4565(b)(1)(C)(v)(IV)(cc)) is amended by striking ``subsection
(a)(4)(B)(iii)(II)'' and inserting ``subclause (I) or (II) of
subsection (a)(4)(B)(iii)''.
(e) Extension.--Section 717(a) of the Defense Production Act of
1950 (50 U.S.C. 4564(a)) is amended by striking ``September 30, 2025''
and inserting ``September 30, 2026''.
Subtitle C--Securities and Related Matters
SEC. 121. REQUIREMENTS RELATING TO THE NON-SDN CHINESE MILITARY-
INDUSTRIAL COMPLEX COMPANIES LIST.
(a) Report.--
(1) In general.--Not later than 365 days after the date of
the enactment of this Act, and biennially thereafter for 6
years, the Secretary shall submit to the appropriate
congressional committees a report that states whether any of
the following foreign persons qualifies for inclusion on the
Non-SDN Chinese Military-Industrial Complex Companies List:
(A) Any PRC person listed on the Military End-User
List (Supplement No. 7 to part 744 of the Export
Administration Regulations).
(B) Any PRC person listed pursuant to section 1260H
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (10 U.S.C. 113
note).
(C) Any PRC person listed on the Department of
Commerce's Entity List (Supplement No. 4 to part 744 of
the Export Administration Regulations).
(2) Process required.--To prepare the reports under
paragraph (1), the President shall establish a process under
which the Federal agencies responsible for administering the
lists described in subparagraphs (A), (B), and (C) of paragraph
(1) shall share with each other all relevant information that
led to the identification of the entities described in such
lists.
(3) Risk-based prioritization framework.--In making the
initial determinations under paragraph (1), the Secretary may
establish a risk-based prioritization framework factoring in
prioritization of entity review submitted to the Secretary by
the Federal agencies administering the lists described in
subparagraphs (A), (B), and (C) of paragraph (1).
(4) Annual reports to the appropriate congressional
committees.--The report under paragraph (1) may summarize
findings concerning entities previously reviewed pursuant to
this section and do not necessitate additional review by the
Secretary.
(5) Matters to be included.--The Secretary shall include in
the report required by paragraph (1) an overview of the
criteria required for listing on Non-SDN Chinese Military-
Industrial Complex Companies List. The heads of the Federal
agencies administering the lists described in subparagraphs
(A), (B), and (C) of paragraph (1) shall provide an overview of
the criteria for entity identification or listing on each
respective list.
(b) Requirement for Divestment.--
(1) In general.--The President shall promulgate rules that
prohibit a United States person from knowingly holding
securities of entities on the Non-SDN Chinese Military-
Industrial Complex Companies List, after the date that is 365
days after the date of enactment of this Act.
(2) Authorization.--The prohibitions on investment imposed
under paragraph (1) shall not apply to a transaction in a
security that is entered into on or before the date that is 365
days after the date of enactment of this Act by a United States
person, if such transaction is entered into solely to divest of
the security.
(c) Waiver.--
(1) In general.--The President may establish a process
under which the requirements of subsection (b) shall not apply
if the President determines to do so is necessary to protect
the national security or foreign policy objectives of the
United States.
(2) Case-by-case requirement.--Determinations under
paragraph (1) shall be issued on a case-by-case basis for each
entity on the Non-SDN Chinese Military-Industrial Complex
Companies List.
(3) Notice and briefing.--The President shall notify the
appropriate congressional committees in writing in advance of
issuing a determination under paragraph (1) and shall provide a
substantive briefing on the determination to the appropriate
congressional committees within 30 days of issuing a
determination.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(2) Country of concern.--The term ``country of concern''--
(A) means the People's Republic of China; and
(B) includes the Hong Kong Special Administrative
Region and the Macau Special Administrative Region.
(3) Non-SDN chinese military-industrial complex companies
list.--The term ``Non-SDN Chinese Military-Industrial Complex
Companies List'' means the list maintained by the Office of
Foreign Assets Control of the Department of the Treasury under
Executive Order 13959, as amended by Executive Order 14032 (50
U.S.C. 1701 note; relating to addressing the threat from
securities investments that finance certain companies of the
People's Republic of China), and any successor order.
(4) PRC person.--The term ``PRC person'' means a foreign
person that--
(A) is incorporated in a principal place of
business in, or is organized under the laws of, a
country of concern;
(B) is a member of the Central Committee of the
Chinese Communist Party;
(C) is the state or the government of a country of
concern, as well as any political subdivision, agency,
or instrumentality thereof; or
(D) is owned in the aggregate, directly or
indirectly, 50 percent or more by an entity or a group
of entities described in subparagraph (A), (B), or (C).
SEC. 122. EXTENSION OF FILING DEADLINE FOR CERTAIN PRE-EXISTING
REPORTING COMPANIES.
Section 5336(b)(1)(B) of title 31, United States Code, is amended
by striking ``before the effective date of the regulations prescribed
under this subsection shall, in a timely manner, and not later than 2
years after the effective date of the regulations prescribed under this
subsection,'' and inserting ``before January 1, 2024, shall, not later
than January 1, 2026,''.
TITLE VI--MISCELLANEOUS
SEC. 601. COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER PROGRAM.
(a) In General.--Section 1(b) of Public Law 117-25 (135 Stat. 297;
136 Stat. 2133; 136 Stat. 5984) is amended, in paragraphs (3) and (4),
by striking ``October 1, 2024'' each place it appears and inserting
``March 14, 2025''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted on September 30, 2024.
SEC. 602. TRANSFER AND REDESIGNATION OF THE 121ST FIGHTER SQUADRON OF
THE 113TH WING, DISTRICT OF COLUMBIA AIR NATIONAL GUARD.
(a) In General.--Not later than September 30, 2025, the Secretary
of the Air Force shall transfer and redesignate the 121st Fighter
Squadron of the 113th Wing, District of Columbia Air National Guard to
the 175th Wing of the Maryland Air National Guard.
(b) Savings Provision.--Nothing in this section shall be construed
to authorize the transfer or relocation of billets or operational
equipment from Joint Base Andrews.
SEC. 603. PUBLIC AVAILABILITY OF REPORTS ON DISASTER ASSISTANCE.
Section 12091 of the Small Business Disaster Response and Loan
Improvements Act of 2008 (15 U.S.C. 636k) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and make
publicly available'' after ``Representatives''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``and made publicly
available'' after ``submitted'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and make
publicly available'' after ``Representatives''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``and made publicly
available'' after ``submitted'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and make
publicly available'' after ``Representatives''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``and made publicly
available'' after ``submitted''; and
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``a report''; and
(ii) by inserting ``and make publicly
available a report'' after ``Representatives'';
and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``and made publicly
available'' after ``submitted''.
SEC. 604. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER RFK MEMORIAL
STADIUM CAMPUS TO DISTRICT OF COLUMBIA.
(a) Exercise of Transfer Authority.--
(1) Transfer.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Interior
(hereafter referred to as the ``Secretary''), acting under the
authority of section 8124 of title 40, United States Code
(except as provided under paragraph (2)), shall transfer
administrative jurisdiction over the Robert F. Kennedy Memorial
Stadium Campus (hereafter referred to as the ``Campus'') to the
District of Columbia (hereafter referred to as the
``District''), subject to a Declaration of Covenants with the
District which is consistent with the succeeding provisions of
this section and which includes such other terms and conditions
as may be agreed to by the Secretary and the District.
(2) Waiver of requirement for prior recommendation of
national capital planning commission.--The second sentence of
section 8124(a) of title 40, United States Code, shall not
apply to the transfer of administrative jurisdiction over the
Campus under this section.
(3) No effect on status of ownership of campus.--Consistent
with section 8124 of title 40, United States Code, the transfer
of administrative jurisdiction over the Campus under this
section does not change the status of the ownership of the
Campus by the United States.
(b) Development and Uses of Campus.--After transfer of
administrative jurisdiction over the Campus under this section, the
District may develop and use, and permit the development and use of,
the Campus for any of the following purposes:
(1) Stadium purposes, including training facilities,
offices, and other structures necessary to support a stadium.
(2) Commercial and residential development.
(3) Facilities, open space, and public outdoor
opportunities, which may include supporting cultural
activities, educational activities, and recreational
activities, as such terms are defined in section 3306(a) of
title 40, United States Code.
(4) Such other public purposes for which the Campus was
used or approved for use prior to June 1, 1985.
(5) Demolition purposes to facilitate development and use
of the Campus under subparagraphs (1) through (4).
(c) Specific Requirements Relating to Development and Use of
Campus.--The Declaration of Covenants entered into under subsection
(a)(1) shall include provisions to require the District to meet the
following requirements as a condition of the development and use of the
Campus as set forth under subsection (b) after transfer of
administrative jurisdiction over the Campus under this section:
(1) The District shall ensure that the development and use
does not materially degrade or adversely impact any lands under
the jurisdiction of the National Park Service, including the
restoration of the wetlands south of Kingman Island.
(2) The District shall designate, develop, operate, and
maintain at least 30 percent of the Campus (excluding the
riparian area of the Campus as defined in subsection (g)(2)) as
the ``Robert F. Kennedy Memorial Park'' as parks and open space
to provide land for passive and active outdoor recreation and
shall require that portion to be reserved for such purposes for
the duration of the transfer.
(3) The District shall ensure that the development and use
provides for improved public access to the Anacostia River and
shall not interrupt the Anacostia River Trail.
(4) The District shall, to the extent necessary, ensure
that parking facilities are provided to accommodate the
development.
(5) The District shall provide for adequate public safety
and security measures and resources in the planning and ongoing
management of the development.
(6) The District shall carry out measures that, to the
greatest extent practicable, will reduce the impact of noise
and traffic of the development on surrounding residential areas
in the District.
(7) The District shall operate and maintain the riparian
area of the Campus in accordance with subsection (g).
(8) The District shall ensure that no Member of Congress,
Delegate or Resident Commissioner to the Congress, or any other
official of the Government of the United States or the
Government of the District of Columbia shall be admitted to any
share or part of any lease entered into by the District in the
exercise of the administrative jurisdiction over the Campus
transferred under this section, or to any benefit that may
arise therefrom, including any contract or agreement made,
entered into, or accepted by or on behalf of the District as a
result of this section. Nothing in the previous sentence may be
construed to apply to a person who is a shareholder or other
beneficial owner of any publicly held corporation or other
entity, if the lease is for the general benefit of such
corporation or other entity.
(d) Survey.--
(1) Requiring survey.--As soon as practicable after the
date of the enactment of this Act, the District shall conduct a
survey of the Campus, which shall determine the exact acreage
and legal description of the Campus by a boundary survey
prepared by a qualified Federally-, State-, or District-
licensed surveyor who is approved by the Secretary.
(2) Submission to congress.--Upon completion, the survey
conducted under paragraph (1) shall be submitted to--
(A) the Committee on Oversight and Accountability
and the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Energy and
Natural Resources of the Senate.
(3) Incorporation in declaration of covenants for
transfer.--The survey conducted under paragraph (1) shall be
incorporated in the Declaration of Covenants entered into under
subsection (a)(1).
(4) Availability of survey and map for public inspection.--
The survey conducted under paragraph (1), together with the map
of the Campus referred to in subsection (m), shall be kept on
file and available for public inspection in the appropriate
offices of the Secretary.
(e) Memorandum of Understanding.--As a condition of the development
and use of the Campus after transfer of administrative jurisdiction
over the Campus under this section, the Secretary and the District
shall enter into a memorandum of understanding to determine an
allocation of the costs of carrying out all responsibilities of the
United States and the District with respect to the Campus under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), including any costs of any response action with
respect to any contamination present on the Campus.
(f) Costs.--
(1) Costs of transfer.--The District shall be responsible
for payment of any costs of carrying out the transfer of
administrative jurisdiction over the Campus under this section,
including--
(A) any costs of carrying out the survey under
subsection (d); and
(B) any costs of carrying out any environmental
analysis required under Federal law.
(2) Costs after transfer.--Except as provided under the
memorandum of understanding entered into under subsection (e),
the Secretary shall not be responsible for payment of any costs
or expenses that are incurred by the District or any other
party (other than the United States) associated with the Campus
after the transfer of administrative jurisdiction under this
section.
(g) Special Rules for Riparian Area.--
(1) Restriction on development and use.--The Declaration of
Covenants entered into under subsection (a)(1) shall include
provisions to ensure that the riparian area of the Campus may
not be developed or used for any purposes other than the
continuing maintenance of any development, use, or
infrastructure (including roads and pathways) existing at the
time of the execution of the transfer of administrative
jurisdiction over the Campus under this section.
(2) Riparian area of the campus defined.--In this
subsection, the term ``riparian area of the Campus'' means the
area designated in the map referred to in subsection (m) as
``Riparian Area (Area F)''.
(h) Prohibiting Use of Federal Funds for Stadium.--The Declaration
of Covenants entered into under subsection (a)(1) shall include
provisions to ensure that the District may not use Federal funds for
stadium purposes on the Campus, including training facilities, offices,
and other structures necessary to support a stadium.
(i) Term.--The transfer of administrative jurisdiction over the
Campus under this section shall be in effect for a term of not less
than 99 years, and may be renewed for subsequent periods agreed to by
the Secretary and the District.
(j) Reversion of Administrative Jurisdiction.--
(1) Grounds for reversion.--The Declaration of Covenants
entered into under subsection (a)(1) shall include provisions
stating that administrative jurisdiction over the Campus
transferred under this section shall revert to the Secretary if
each of the following occurs:
(A) The terms and conditions of the Declaration of
Covenants have not been complied with, as reasonably
determined by the Secretary.
(B) Such noncompliance has not been corrected
within 90 days after written notice of such
noncompliance has been received by the District. Such
noncompliance shall be treated as corrected if the
District and the Secretary enter into an agreement that
the Secretary finds adequate to ensure that the Campus
will be developed and used in a manner consistent with
the purposes referred to in subsection (b).
(2) Timing.--The Secretary may not seek the reversion of
administrative jurisdiction over the Campus under this
subsection before the expiration of 90 days after the date on
which written notice of the alleged violation is received by
the District. The notice shall include notice of the
Secretary's intention for administrative jurisdiction over the
Campus to revert to the Secretary.
(3) Cost of rehabilitating property.--The Declaration of
Covenants entered into under subsection (a)(1) shall include
provisions requiring the District to bear the actual cost of
removing structures from or rehabilitating the Campus if
administrative jurisdiction over the Campus reverts to the
Secretary under this subsection.
(k) Rule of Construction Related to the Applicability to the
Administrative Jurisdiction Transfer.--Nothing in this section may be
construed to affect or limit the application of or obligation to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(l) Conforming Amendment; Termination of Existing Lease.--Effective
on the date of the transfer of administrative jurisdiction over the
Campus under this section--
(1) the District of Columbia Stadium Act of 1957 (sec. 3-
321 et seq., D.C. Official Code) is repealed; and
(2) the lease dated January 14, 1988, between the United
States and the District for the use of the Campus, as
authorized by section 7(b)(1)(B) of such Act (sec. 3-
326(b)(1)(B), D.C. Official Code), is terminated.
(m) Definition.--In this section, the term ``Robert F. Kennedy
Memorial Stadium Campus'' means the approximately 174 acres of Federal
land as generally depicted on the map entitled ``Anacostia Park, Robert
F. Kennedy Memorial Stadium Campus - Transfer of Administrative
Jurisdiction'', numbered 831/189,767, and dated January 2024.
SEC. 605. TREATMENT OF ELECTRONIC SERVICES PROVIDED FOR HOUSE OFFICES.
(a) In General.--In this section--
(1) the term ``agent of the Office of the Chief
Administrative Officer'' includes a provider of electronic
communication service or remote computing service commissioned
or used through the Office of the Chief Administrative Officer
by a House office to provide such services to the House office;
(2) the term ``electronic communication service'' has the
meaning given that term in section 2510 of title 18, United
States Code;
(3) the term ``House data'', with respect to a House
office, means any electronic mail or other electronic or data
communication, other data (including metadata), or other
information of the House office;
(4) the term ``House office'' means any employing office
whose salaries or expenses are disbursed by the Office of the
Chief Administrative Officer;
(5) the term ``Office of the Chief Administrative Officer''
means the Office of the Chief Administrative Officer of the
House of Representatives;
(6) the term ``provider for a House office'' means a
provider of electronic communication service or remote
computing service directly commissioned or used by a House
office to provide such services; and
(7) the term ``remote computing service'' has the meaning
given that term in section 2711 of title 18, United States
Code.
(b) Treatment.--
(1) Retaining possession.--
(A) In general.--A House office shall be deemed to
retain possession of any House data of the House
office, without regard to the use by the House office
of any individual or entity described in paragraph (2)
for the purposes of any function or service described
in paragraph (2).
(B) Rule of construction.--Subparagraph (A) shall
not be construed to limit the use by an intended
recipient of any House data from a House office.
(2) Chief administrative officer and providers for a house
office.--The Office of the Chief Administrative Officer, any
officer, employee, or agent of the Office of the Chief
Administrative Officer, and any provider for a House office
shall not be treated as acquiring possession, custody, or
control of any House data by reason of its being transmitted,
processed, or stored (whether temporarily or otherwise) through
the use of an electronic system established, maintained, or
operated, or the use of electronic services provided, in whole
or in part by the Office of the Chief Administrative Officer,
the officer, employee, or agent of the Office of the Chief
Administrative Officer, or the provider for the House office.
(c) Notification.--Notwithstanding any other provision of law or
rule of civil or criminal procedure, the Office of the Chief
Administrative Officer, any officer, employee, or agent of the Office
of the Chief Administrative Officer, and any provider for a House
office that is providing services to or used by a House office shall
not be barred, through operation of any court order or any statutory
provision, from notifying the House office of any legal process seeking
disclosure of House data of the House office that is transmitted,
processed, or stored (whether temporarily or otherwise) through the use
of an electronic system established, maintained, or operated, or the
use of electronic services provided, in whole or in part by the Office
of the Chief Administrative Officer, the officer, employee, or agent of
the Office of the Chief Administrative Officer, or the provider for a
House office.
(d) Motions to Quash or Modify.--Upon a motion made promptly by a
House office or provider for a House office, a court of competent
jurisdiction shall quash or modify any legal process directed to the
provider for a House office if compliance with the legal process would
require the disclosure of House data of the House office.
(e) Information Regarding Implications of Using Providers.--The
Office of the Chief Administrative Officer, in consultation with the
House Office of General Counsel, shall provide information regarding
the potential constitutional implications and the potential impact on
privileges that may be asserted to each House office that commissions
or uses a provider of electronic communication service or remote
computing service.
(f) Applicable Privileges.--Nothing in this section shall be
construed to limit or supersede any applicable privilege, immunity, or
other objection that may apply to the disclosure of House data.
(g) Preemption.--Except as provided in this section, any provision
of law or rule of civil or criminal procedure of any State, political
subdivision, or agency thereof, which is inconsistent with this section
shall be deemed to be preempted and superseded.
(h) Effective Date.--This section shall apply with respect to--
(1) any legal process seeking disclosure of House data of a
House office that is filed, issued, or made on or after the
date of the enactment of this Act; and
(2) any matter that is pending on or after the date of
enactment of this Act that relates to a legal process described
in paragraph (1) that is filed, issued, or made before the date
of the enactment of this Act, unless the House data of the
House office was disclosed in accordance with such legal
process before the date of the enactment of this Act.
SEC. 606. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
Section 210G(i) of the Homeland Security Act of 2002 (6 U.S.C.
124n(i)) is amended by striking ``December 20, 2024'' and inserting
``March 14, 2025''.
SEC. 607. ADDITIONAL SPECIAL ASSESSMENT.
Section 3014 of title 18, United States Code, is amended by
striking ``December 23, 2024'' and inserting ``March 14, 2025''.
SEC. 608. NATIONAL CYBERSECURITY PROTECTION SYSTEM AUTHORIZATION.
Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015
(6 U.S.C. 1525(a)) is amended by striking ``December 20, 2024'' and
inserting ``March 14, 2025''.
DIVISION D--COMMERCE MATTERS
TITLE I--SECOND CHANCE REAUTHORIZATION ACT OF 2024
SECTION 101. SHORT TITLE.
This Act may be cited as the ``Second Chance Reauthorization Act of
2024''.
SEC. 102. IMPROVEMENTS TO EXISTING PROGRAMS.
(a) State and Local Reentry Demonstration Projects.--Section 2976
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10631) is amended--
(1) in subsection (b)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end; and
(C) by adding at the end the following:
``(9) treating substance use disorders, including by
providing peer recovery services, case management, and access
to overdose education and overdose reversal medications; and
``(10) providing reentry housing services.''; and
(2) in subsection (o)(1), by striking ``2019 through 2023''
and inserting ``2025 through 2029''.
(b) Grants for Family-Based Substance Abuse Treatment.--Section
2926(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10595a(a)) is amended by striking ``2019 through 2023'' and
inserting ``2025 through 2029''.
(c) Grant Program To Evaluate and Improve Educational Methods at
Prisons, Jails, and Juvenile Facilities.--Section 1001(a)(28) of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(28)) is amended by striking ``2019, 2020, 2021, 2022, and
2023'' and inserting ``2025 through 2029''.
(d) Careers Training Demonstration Grants.--Section 115(f) of the
Second Chance Act of 2007 (34 U.S.C. 60511(f)) is amended by striking
``2019, 2020, 2021, 2022, and 2023'' and inserting ``2025 through
2029''.
(e) Offender Reentry Substance Abuse and Criminal Justice
Collaboration Program.--Section 201(f)(1) of the Second Chance Act of
2007 (34 U.S.C. 60521(f)(1)) is amended by striking ``2019 through
2023'' and inserting ``2025 through 2029''.
(f) Community-Based Mentoring and Transitional Service Grants to
Nonprofit Organizations.--Section 211(f) of the Second Chance Act of
2007 (34 U.S.C. 60531(f)) is amended by striking ``2019 through 2023''
and inserting ``2025 through 2029''.
TITLE II--YOUTH POISONING PREVENTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Youth Poisoning Protection Act''.
SEC. 202. BANNING OF PRODUCTS CONTAINING A HIGH CONCENTRATION OF SODIUM
NITRITE.
(a) In General.--Any consumer product containing a high
concentration of sodium nitrite shall be considered to be a banned
hazardous product under section 8 of the Consumer Product Safety Act (
15 U.S.C. 2057).
(b) Rule of Construction.--Nothing in this section shall be
construed to--
(1) prohibit any commercial or industrial purpose in which
high concentration sodium nitrite is not customarily produced
or distributed for sale to, or use or consumption by, or
enjoyment of, a consumer; and
(2) apply to high concentration sodium nitrite that meets
the definition of a drug, device, or cosmetic (as such terms
are defined in sections 201(g), (h), and (i) of the Federal
Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g), (h), and
(i))), or food (as defined in section 201(f) of such Act ( 21
U.S.C. 321(f))), including poultry and poultry products (as
such terms are defined in sections 4(e) and (f) of the Poultry
Products Inspection Act ( 21 U.S.C. 453(e)and (f))), meat and
meat food products (as such terms are defined in section 1(j)
of the Federal Meat Inspection Act ( 21 U.S.C. 601(j))), and
eggs and egg products (as such terms are defined in section 4
of the Egg Products Inspection Act ( 21 U.S.C. 1033)).
(c) Definitions.--For purposes of this section:
(1) Consumer product.--The term consumer product has the
meaning given that term under section 3(a)(5) of the Consumer
Product Safety Act ( 15 U.S.C. 2052(a)(5)).
(2) High concentration of sodium nitrite.--The term high
concentration of sodium nitrite means a concentration of 10 or
more percent by weight of sodium nitrite.
(d) Effective Date.--This section shall take effect 90 days after
the date of enactment of this Act.
TITLE III--CONSUMER PRODUCT SAFETY STANDARD FOR CERTAIN BATTERIES
SEC. 301. CONSUMER PRODUCT SAFETY STANDARD FOR CERTAIN BATTERIES.
(a) Consumer Product Safety Standard Required.--Not later than 180
days after the date of the enactment of this Act, the Consumer Product
Safety Commission (referred to in this section as the ``Commission'')
shall promulgate, under section 553 of title 5, United States Code, the
provisions of ANSI/CAN/UL 2271-Standard for Batteries for Use in Light
Electric Vehicle Applications, ANSI/CAN/UL 2849-Standard for Safety for
Electrical Systems for eBikes, and ANSI/CA/UL 2272-Standard for
Electrical Systems for Personal E-Mobility Devices, as in effect on the
date of enactment of this Act, as final consumer product safety
standards.
(b) Consumer Product Safety Commission Determination of Scope.--In
adopting the standards under subsection (a), the Commission shall limit
the application of such standards to consumer products as defined in
section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C.
2052(a)(5)).
(c) Revision of Voluntary Standards.--
(1) Notice to commission.--If the provisions of ANSI/CAN/UL
2271-Standard for Batteries for Use in Light Electric Vehicle
Applications, ANSI/CAN/UL 2849-Standard for Safety for
Electrical Systems for eBikes, or ANSI/CAN/UL 2272-Standard for
Electrical Systems for Personal E-Mobility Devices, are revised
following the enactment of this Act, the organization that
revised the requirements of such standard shall notify the
Commission after the final approval of the revision.
(2) Treatment of revision.--The revised voluntary standard
shall be considered to be a consumer product safety standard
issued by the Commission under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058), effective 180 days after
the date on which the organization notifies the Commission (or
such later date specified by the Commission in the Federal
Register) unless, within 90 days after receiving that notice,
the Commission notifies the organization that it has determined
that the proposed revision, in whole or in part, does not
improve the safety of the consumer product covered by the
standard and that the Commission is retaining the existing
consumer product safety standard.
(d) Treatment of Standard.--A standard promulgated under this
section, including a revision of such standard adopted by the
Commission, shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058).
(e) Report to Congress.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives, a report regarding fires, explosions, and
other hazards relating to lithium-ion batteries used in
micromobility products during the period beginning on the date
of enactment of this Act and ending on the report date.
(2) Content.--The report required by paragraph (1) shall
describe, at a minimum--
(A) the source of the information that was provided
to the Commission regarding the fire, explosion, or
other hazard;
(B) the make and model of the lithium-ion battery
and micromobility product that resulted in a fire,
explosion, or other hazard, if known;
(C) whether a lithium-ion battery involved in a
fire, explosion, or other hazard complied with the
standard required by this section, if known; and
(D) if known, the manufacturer and country of
manufacture of a lithium-ion battery that resulted in a
fire, explosion, or other hazard.
TITLE IV--FOREIGN ADVERSARY COMMUNICATIONS TRANSPARENCY ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Foreign Adversary Communications
Transparency Act''.
SEC. 402. LIST OF ENTITIES HOLDING FCC AUTHORIZATIONS, LICENSES, OR
OTHER GRANTS OF AUTHORITY AND HAVING CERTAIN FOREIGN
OWNERSHIP.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Commission shall publish on the internet
website of the Commission a list of each entity--
(1) that holds a license issued by the Commission pursuant
to--
(A) section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)); or
(B) the Act of May 27, 1921 (47 U.S.C. 34 et seq.;
commonly known as the ``Cable Landing Licensing Act'')
and Executive Order 10530 (3 U.S.C. 301 note; relating
to the performance of certain functions vested in or
subject to the approval of the President); and
(2) with respect to which--
(A) a covered entity holds an equity or voting
interest that is required to be reported to the
Commission under the ownership rules of the Commission;
or
(B) an appropriate national security agency has
determined that a covered entity exerts control,
regardless of whether such covered entity holds an
equity or voting interest as described in subparagraph
(A).
(b) Rulemaking.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall issue rules to
obtain information to identify each entity--
(A) that holds any authorization, license, or other
grant of authority issued by the Commission (other than
a license described in subsection (a)(1)); and
(B) with respect to which a covered entity holds an
equity or voting interest that is required to be
reported to the Commission under the ownership rules of
the Commission.
(2) Placement on list.--Not later than 1 year after the
Commission issues the rules required by paragraph (1), the
Commission shall place each entity described in such paragraph
on the list published under subsection (a).
(c) Paperwork Reduction Act Exemption.--A collection of information
conducted or sponsored by the Commission to implement this section does
not constitute a collection of information for the purposes of
subchapter I of chapter 35 of title 44, United States Code (commonly
referred to as the ``Paperwork Reduction Act'').
(d) Annual Updates.--The Commission shall, not less frequently than
annually, update the list published under subsection (a), including
with respect to any entity required to be placed on such list by
subsection (b)(2).
(e) Definitions.--In this section:
(1) Appropriate national security agency.--The term
``appropriate national security agency'' has the meaning given
such term in section 9 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1608).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Covered country.--The term ``covered country'' means a
country specified in section 4872(d)(2) of title 10, United
States Code.
(4) Covered entity.--The term ``covered entity'' means--
(A) the government of a covered country;
(B) an entity organized under the laws of a covered
country; and
(C) a subsidiary of an entity described in
subparagraph (B), regardless of whether the subsidiary
is organized under the laws of a covered country.
TITLE V--PROMOTING RESILIENT SUPPLY CHAINS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Promoting Resilient Supply Chains
Act of 2024''.
SEC. 502. ADDITIONAL RESPONSIBILITIES OF ASSISTANT SECRETARY OF
COMMERCE FOR INDUSTRY AND ANALYSIS.
In addition to the responsibilities of the Assistant Secretary on
the day before the date of the enactment of this Act, the Assistant
Secretary shall have the following responsibilities:
(1) Promote the stability and resilience of critical supply
chains and critical and emerging technologies that strengthen
the national security of the United States.
(2) Lead the Working Group established pursuant to section
503 and consult covered nongovernmental representatives,
industry, institutions of higher education, and State and local
governments in order to--
(A) promote resilient critical supply chains; and
(B) identify, prepare for, and respond to supply
chain shocks to--
(i) critical industries;
(ii) critical supply chains; and
(iii) critical and emerging technologies.
(3) Encourage the growth and competitiveness of United
States production and manufacturing in the United States of
emerging technologies.
(4) Assess the resilience, diversity, and strength of
critical supply chains and critical and emerging technologies.
(5) In consultation with the Secretary of State and the
United States Trade Representative, support the availability of
critical goods from domestic manufacturers, domestic
enterprises, and manufacturing operations in countries that are
allies or key international partner nations.
(6) Assist the Federal Government in preparing for and
responding to supply chain shocks to critical supply chains,
including by improving flexible manufacturing capacities and
capabilities in the United States.
(7) Consistent with United States obligations under
international agreements, encourage and incentivize the reduced
reliance of domestic enterprises and domestic manufacturers on
critical goods from countries that are described in section
507(2)(B).
(8) Encourage the relocation of manufacturing facilities
that manufacture critical goods from countries that are
described in section 507(2)(B) to the United States and
countries that are allies or key international partner nations
to strengthen the resilience, diversity, and strength of
critical supply chains.
SEC. 503. CRITICAL SUPPLY CHAIN RESILIENCE WORKING GROUP.
(a) Establishment.--Not later than 120 days after the date of the
enactment of this Act, the Assistant Secretary shall establish a
working group to be known as the ``Supply Chain Resilience Working
Group'' (in this title referred to as the ``Working Group'') composed
of the Federal agencies that rely upon the Industry and Analysis
Business unit analysis, including agencies enumerated in subsection
(c).
(b) Activities.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary shall carry out the
following activities:
(1) In consultation with the Working Group--
(A) assessing, mapping, and modeling critical
supply chains, including for critical and emerging
technologies, which may include--
(i) modeling the impact of supply chain
shocks on critical industries (including for
critical and emerging technologies), and
critical supply chains;
(ii) assessing the demand for and supply of
critical goods, production equipment, and
manufacturing technology needed for critical
supply chains, including critical goods,
production equipment, and manufacturing
technology obtained by or purchased from a
person outside of the United States or imported
into the United States; and
(iii) assessing manufacturing, warehousing,
transportation, and distribution related to
critical supply chains;
(B) identifying high priority gaps and
vulnerabilities in critical supply chains and critical
industries (including critical industries for critical
and emerging technologies) that--
(i) exist as of the date of the enactment
of this Act; or
(ii) are anticipated to occur after the
date of the enactment of this Act;
(C) identifying potential supply chain shocks to a
critical supply chain that may disrupt, strain, or
eliminate the critical supply chain;
(D) evaluating the capability and capacity of
domestic manufacturers or manufacturers located in
countries that are allies or key international partner
nations to serve as sources for critical goods,
production equipment, or manufacturing technology
needed in critical supply chains;
(E) evaluating the effect on market stability that
may result from the disruption, strain, or elimination
of a critical supply chain;
(F) evaluating the state of the manufacturing
workforce, including by--
(i) identifying the needs of domestic
manufacturers; and
(ii) identifying opportunities to create
high-quality manufacturing jobs; and
(G) identifying and describing necessary tools,
including commercially available risk assessment tools,
that leverage data and industry expertise to provide
insights into critical supply chain vulnerabilities,
including how such tools fulfill the requirements
described in subparagraphs (A) through (F).
(2) In consultation with State and local governments, the
Working Group, and (as appropriate) countries that are allies
or key international partner nations--
(A) identifying opportunities to reduce gaps and
vulnerabilities in critical supply chains and critical
industries;
(B) encouraging consultation between the Federal
Government, industry, covered nongovernmental
representatives, institutions of higher education, and
State and local governments to--
(i) better respond to supply chain shocks
to critical supply chains and critical
industries (including critical industries for
emerging technologies); and
(ii) coordinate response efforts to supply
chain shocks;
(C) encouraging consultation between the Federal
Government and the governments of countries that are
allies or key international partner nations;
(D) identifying opportunities to build the capacity
of the United States in critical supply chains,
critical industries, and emerging technologies;
(E) identifying opportunities to build the capacity
of countries that are allies or key international
partner nations in critical industries (including
critical industries for emerging technologies) and
critical supply chains; and
(F) developing and assessing contingency plans and
coordination mechanisms to improve the response of
critical supply chains and critical industries to
supply chain shocks.
(c) Working Group Membership.--The Working Group shall include a
representative from each Federal agency that relies on the analysis of
the Industry and Analysis business unit, including--
(1) the Department of State;
(2) the Department of Defense;
(3) the Department of Homeland Security;
(4) the Department of Transportation;
(5) the Department of Energy;
(6) the Department of Agriculture;
(7) the Department of the Interior;
(8) the Department of Health and Human Services;
(9) the Office of the Director of National Intelligence;
and
(10) the Small Business Administration.
(d) Designations.--The Assistant Secretary shall--
(1) not later than 120 days after the date of the enactment
of this Act, designate--
(A) critical industries;
(B) critical supply chains; and
(C) critical goods;
(2) provide for a period of public comment and review in
carrying out paragraph (1); and
(3) update the designations made pursuant to paragraph (1)
not less frequently than once every 4 years, including
designations for technologies that are not described in section
507(12)(B) that the Assistant Secretary considers necessary.
(e) Implementation Report.--Not later than 1 year after the date of
the enactment of this Act, the Assistant Secretary shall submit to the
relevant committees of Congress a report that--
(1) details supply chain activities, including applicable
activities described in subsection (b) and responsibilities
described in section 502, that the Assistant Secretary has
conducted over the past year;
(2) describes supply chain data collected, retained, and
analyzed by the Assistant Secretary over the past year;
(3) identifies and describes necessary tools, including
commercially available risk assessment tools, that leverage
data and industry expertise to provide insights into critical
supply chain vulnerabilities, including how such tools fulfill
each responsibility described in subsection (b);
(4) identifies and describes all Federal agencies with
authorities or responsibilities described in subsection (b);
and
(5) identifies Federal agencies, programs, and bureaus with
duplicative purposes to fulfill any of the authorities or
responsibilities described in subsection (b).
(f) National Strategy and Review on Critical Supply Chain
Resiliency and Manufacturing in the United States.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the
Assistant Secretary, in consultation with the Working Group,
covered nongovernmental representatives, industries,
institutions of higher education, and State and local
governments, shall submit to the relevant committees of
Congress a report that--
(A) identifies--
(i) critical infrastructure that may assist
in fulfilling the responsibilities described in
section 502;
(ii) critical and emerging technologies
that may assist in fulfilling the
responsibilities described in section 502,
including such technologies that may be
critical to addressing preparedness,
weaknesses, and vulnerabilities relating to
critical supply chains;
(iii) critical industries, critical supply
chains, and critical goods designated pursuant
to subsection (d);
(iv) other supplies and services that are
critical to the crisis preparedness of the
United States;
(v) substitutes for critical goods,
production equipment, and manufacturing
technology;
(vi) methods and technologies, including
blockchain technology, distributed ledger
technology, and other critical and emerging
technologies, as appropriate, for the
authentication and traceability of critical
goods; and
(vii) countries that are allies or key
international partner nations;
(B) describes the matters identified and evaluated
under subsection (b)(1), including--
(i) the manufacturing base, critical supply
chains, and emerging technologies in the United
States, including the manufacturing base and
critical supply chains for--
(I) critical goods;
(II) production equipment; and
(III) manufacturing technology; and
(ii) the ability of the United States to--
(I) maintain readiness with respect
to preparing for and responding to
supply chain shocks; and
(II) in response to a supply chain
shock--
(aa) surge production in
critical industries;
(bb) surge production of
critical goods and production
equipment; and
(cc) maintain access to
critical goods, production
equipment, and manufacturing
technology;
(C) assesses and describes--
(i) the demand and supply of critical
goods, production equipment, and manufacturing
technology;
(ii) the production of critical goods,
production equipment, and manufacturing
technology by domestic manufacturers;
(iii) the capability and capacity of
domestic manufacturers and manufacturers in
countries that are allies or key international
partner nations to manufacture critical goods,
production equipment, and manufacturing
technology; and
(iv) how supply chain shocks could affect
rural, Tribal, and underserved communities;
(D) identifies threats and supply chain shocks that
may disrupt, strain, or eliminate critical supply
chains, critical goods, and critical industries
(including critical industries for emerging
technologies);
(E) with regard to any threat identified under
subparagraph (D), lists any threat or supply chain
shock that may originate from a country, or a company
or individual from a country, that is described in
section 507(2)(B);
(F) assesses--
(i) the resilience and capacity of the
manufacturing base, critical supply chains, and
workforce of the United States and countries
that are allies or key international partner
nations that can sustain critical industries
(including critical industries for emerging
technologies) through a supply chain shock; and
(ii) the effect innovation has on domestic
manufacturers;
(G) assesses the flexible manufacturing capacity
and capability available in the United States in the
case of a supply chain shock; and
(H) develops a strategy for the Department of
Commerce to support the resilience, diversity, and
strength of critical supply chains and critical and
emerging technologies to--
(i) support sufficient access to critical
goods by mitigating vulnerabilities in critical
supply chains, including critical supply chains
concentrated in countries that are described in
section 507(2)(B);
(ii) consult with other relevant agencies
to assist countries that are allies or key
international partner nations in building
capacity for manufacturing critical goods;
(iii) recover from supply chain shocks;
(iv) identify, in consultation with the
Working Group and other relevant agencies,
actions relating to critical supply chains or
emerging technologies that the United States
may take to improve responses to supply chain
shocks;
(v) protect against supply chain shocks
relating to critical supply chains from
countries that are described in section
507(2)(B); and
(vi) make specific recommendations to
implement the strategy under this section and
improve the security and resiliency of
manufacturing capacity and supply chains for
critical industries (including critical
industries for emerging technologies) by--
(I) developing long-term
strategies;
(II) increasing visibility into the
networks and capabilities of domestic
manufacturers and suppliers of domestic
manufacturers;
(III) identifying and mitigating
risks, including--
(aa) significant
vulnerabilities to supply chain
shocks; and
(bb) exposure to gaps and
vulnerabilities in domestic
capacity or capabilities and
sources of imports needed to
sustain critical industries
(including critical industries
for emerging technologies) or
critical supply chains;
(IV) identifying opportunities to
reuse and recycle critical goods,
including raw materials, to increase
resilient critical supply chains;
(V) consulting with countries that
are allies or key international partner
nations on--
(aa) sourcing critical
goods, production equipment,
and manufacturing technology;
and
(bb) developing,
sustaining, and expanding
production and availability of
critical goods, production
equipment, and manufacturing
technology during a supply
chain shock; and
(VI) providing guidance to other
relevant agencies with respect to
critical goods, supply chains, and
critical industries (including critical
industries for emerging technologies)
that should be prioritized to support
United States leadership in the
deployment of such technologies.
(2) Prohibition.--The report submitted pursuant to
paragraph (1) may not include--
(A) critical supply chain information that is not
aggregated;
(B) confidential business information of a private
sector entity; or
(C) classified information.
(3) Form.--The report submitted pursuant to paragraph (1),
and any update submitted thereafter, shall be submitted to the
relevant committees of Congress in unclassified form and may
include a classified annex.
(4) Public comment.--The Assistant Secretary shall provide
for a period of public comment and review in developing the
report submitted pursuant to paragraph (1).
(g) Consultation.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary shall enter into an
agreement with the head of any relevant agency to obtain any
information, data, or assistance that the Assistant Secretary
determines necessary to conduct the activities described in subsection
(b).
(h) Rule of Construction.--Nothing in this section may be construed
to require any private entity--
(1) to share information with the Secretary or Assistant
Secretary;
(2) to request assistance from the Secretary or Assistant
Secretary; or
(3) to implement any measure or recommendation suggested by
the Secretary or Assistant Secretary in response to a request
by the private entity.
(i) Protection of Voluntarily Shared Critical Supply Chain
Information.--
(1) Protection.--
(A) In general.--Notwithstanding any other
provision of law, critical supply chain information
(including the identity of the submitting person or
entity) that is voluntarily submitted under this
section to the Department of Commerce for use by the
Department for purposes of this section, when
accompanied by an express statement described in
subparagraph (B)--
(i) shall be exempt from disclosure under
section 552(b)(3) of title 5, United States
Code (commonly referred to as the ``Freedom of
Information Act'');
(ii) is not subject to any agency rules or
judicial doctrine regarding ex parte
communications with a decision-making official;
(iii) may not, without the written consent
of the person or entity submitting such
information, be used directly by the Department
of Commerce, any other Federal, State, or local
authority, or any third party, in any civil
action arising under Federal or State law if
such information is submitted in good faith;
(iv) may not, without the written consent
of the person or entity submitting such
information, be used or disclosed by any
officer or employee of the United States for
purposes other than the purposes of this
section, except--
(I) in furtherance of an
investigation or the prosecution of a
criminal act; or
(II) when disclosure of the
information would be--
(aa) to either House of
Congress, or to the extent of
matter within its jurisdiction,
any committee or subcommittee
thereof, any joint committee
thereof, or any subcommittee of
any such joint committee; or
(bb) to the Comptroller
General of the United States,
or any authorized
representative of the
Comptroller General, in the
course of the performance of
the duties of the Government
Accountability Office;
(v) may not, if provided to a State or
local government or government agency--
(I) be made available pursuant to
any State or local law requiring
disclosure of information or records;
(II) otherwise be disclosed or
distributed to any party by such State
or local government or government
agency without the written consent of
the person or entity submitting such
information; or
(III) be used other than for the
purpose of carrying out this section,
or in furtherance of an investigation
or the prosecution of a criminal act;
and
(vi) does not constitute a waiver of any
applicable privilege or protection provided
under law, such as trade secret protection.
(B) Express statement.--The express statement
described in this subparagraph, with respect to
information or records, is--
(i) in the case of written information or
records, a written marking on the information
or records substantially similar to the
following: ``This information is voluntarily
submitted to the Federal Government in
expectation of protection from disclosure as
provided by the provisions of the Promoting
Resilient Supply Chains Act of 2024.''; or
(ii) in the case of oral information, a
written statement similar to the statement
described in clause (i) submitted within a
reasonable period following the oral
communication.
(2) Limitation.--No communication of critical supply chain
information to the Department of Commerce made pursuant to this
section may be considered to be an action subject to the
requirements of chapter 10 of title 5, United States Code.
(3) Independently obtained information.--Nothing in this
subsection may be construed to limit or otherwise affect the
ability of a State, local, or Federal Government entity,
agency, or authority, or any third party, under applicable law
to obtain critical supply chain information in a manner not
covered by paragraph (1), including any information lawfully
and properly disclosed generally or broadly to the public and
to use such information in any manner permitted by law. For
purposes of this subsection, a permissible use of independently
obtained information includes the disclosure of such
information under section 2302(b)(8) of title 5, United States
Code.
(4) Treatment of voluntary submittal of information.--The
voluntary submittal to the Department of Commerce of
information or records that are protected from disclosure by
this section may not be construed to constitute compliance with
any requirement to submit such information to an agency under
any other provision of law.
(5) Inapplicability to semiconductor incentive program.--
This subsection does not apply to the voluntary submission of
critical supply chain information in an application for Federal
financial assistance under section 9902 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
SEC. 504. DEPARTMENT OF COMMERCE CAPABILITY ASSESSMENT.
(a) Report Required.--The Secretary shall produce a report--
(1) identifying the duties, responsibilities, resources,
programs, and expertise within the offices and bureaus of the
Department of Commerce relevant to critical supply chain
resilience and manufacturing innovation;
(2) identifying and assessing the purpose, legal authority,
effectiveness, efficiency, and limitations of each office or
bureau identified under paragraph (1); and
(3) providing recommendations to enhance the activities
related to critical supply chain resilience and manufacturing
innovation of the Department of Commerce, including--
(A) improving the effectiveness, efficiency, and
impact of the offices and bureaus identified under
paragraph (1);
(B) coordinating across offices and bureaus
identified under paragraph (1); and
(C) consulting with agencies implementing similar
activities related to critical supply chain resilience
and manufacturing innovation.
(b) Submission of Report.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall submit to the relevant
committees of Congress the report required by subsection (a), along
with a strategy to implement, as appropriate and as determined by the
Secretary, the recommendations contained in the report.
SEC. 505. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated to carry out
this title.
SEC. 506. SUNSET.
This title and all requirements, responsibilities, and obligations
under this title shall terminate on the date that is 10 years after the
date of the enactment of this Act.
SEC. 507. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Ally or key international partner nation.--The term
``ally or key international partner nation''--
(A) means a country that is critical to addressing
critical supply chain weaknesses and vulnerabilities;
and
(B) does not include--
(i) a country that poses a significant risk
to the national security or economic security
of the United States; or
(ii) a country that is described in section
503(b) of the RANSOMWARE Act (title V of
division BB of the Consolidated Appropriations
Act, 2023; Public Law 117-328; 136 Stat. 5564).
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce assigned by the
Secretary to direct the office of Industry and Analysis.
(4) Covered nongovernmental representative.--The term
``covered nongovernmental representative'' means a
representative as specified in the second sentence of section
135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)),
except that such term does not include a representative of a
non-Federal government.
(5) Critical good.--The term ``critical good'' means any
raw, in process, or manufactured material (including any
mineral, metal, or advanced processed material), article,
commodity, supply, product, or item for which an absence of
supply would have a debilitating impact on--
(A) the national security or economic security of
the United States; and
(B) either--
(i) critical infrastructure; or
(ii) an emerging technology.
(6) Critical industry.--The term ``critical industry''
means an industry that--
(A) is critical for the national security or
economic security of the United States; and
(B) produces or procures a critical good.
(7) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
1016 of the Critical Infrastructures Protection Act of 2001 (42
U.S.C. 5195c).
(8) Critical supply chain.--The term ``critical supply
chain'' means a supply chain for a critical good.
(9) Critical supply chain information.--The term ``critical
supply chain information'' means information that is not
customarily in the public domain and relates to--
(A) sustaining and adapting a critical supply chain
during a supply chain shock;
(B) critical supply chain risk mitigation and
recovery planning with respect to a supply chain shock,
including any planned or past assessment, projection,
or estimate of a vulnerability within the critical
supply chain, including testing, supplier network
assessments, production flexibility, supply chain risk
evaluations, supply chain risk management planning, or
risk audits; or
(C) operational best practices, planning, and
supplier partnerships that enable enhanced resilience
of a critical supply chain during a supply chain shock,
including response, repair, recovery, reconstruction,
insurance, or continuity.
(10) Domestic enterprise.--The term ``domestic enterprise''
means an enterprise that conducts business in the United States
and procures a critical good.
(11) Domestic manufacturer.--The term ``domestic
manufacturer'' means a business that conducts in the United
States the research and development, engineering, or production
activities necessary for manufacturing a critical good.
(12) Emerging technology.--The term ``emerging technology''
means a technology that is critical for the national security
or economic security of the United States, including the
following:
(A) Technologies included in the American COMPETE
Act (title XV of division FF of the Consolidated
Appropriations Act, 2021; Public Law 116-260; 134 Stat.
3276).
(B) The following technologies:
(i) Artificial intelligence.
(ii) Automated vehicles and unmanned
delivery systems.
(iii) Blockchain and other distributed
ledger, data storage, data management, and
cybersecurity technologies.
(iv) Quantum computing and quantum sensing.
(v) Additive manufacturing.
(vi) Advanced manufacturing and the
Internet of Things.
(vii) Nano technology.
(viii) Robotics.
(ix) Microelectronics, optical fiber ray,
and high performance and advanced computer
hardware and software.
(x) Semiconductors.
(xi) Advanced materials science, including
composition 2D, other next generation
materials, and related manufacturing
technologies.
(13) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(14) Manufacture.--The term ``manufacture''--
(A) means any activity that is necessary for the
development, production, processing, distribution, or
delivery of any raw, in process, or manufactured
material (including any mineral, metal, and advanced
processed material), article, commodity, supply,
product, critical good, or item of supply; and
(B) does not include software unrelated to the
manufacturing process.
(15) Manufacturing technology.--The term ``manufacturing
technology'' means a technology that is necessary for the
manufacturing of a critical good.
(16) Production equipment.--The term ``production
equipment'' means any component, subsystem, system, equipment,
tooling, accessory, part, or assembly necessary for the
manufacturing of a critical good.
(17) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the following:
(A) The Committee on Commerce, Science, and
Transportation of the Senate.
(B) The Committee on Energy and Commerce of the
House of Representatives.
(18) Resilient critical supply chain.--The term ``resilient
critical supply chain'' means a critical supply chain that--
(A) ensures that the United States can sustain
critical industry, including emerging technologies,
production, critical supply chains, services, and
access to critical goods, production equipment, and
manufacturing technology during a supply chain shock;
and
(B) has key components of resilience that include--
(i) effective private sector risk
management and mitigation planning to sustain
critical supply chains and supplier networks
during a supply chain shock; and
(ii) minimized or managed exposure to a
supply chain shock.
(19) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(20) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
(21) Supply chain shock.--The term ``supply chain shock''--
(A) means an event causing severe or serious
disruption to normal operations or capacity in a supply
chain; and
(B) includes--
(i) a natural disaster;
(ii) a pandemic;
(iii) a biological threat;
(iv) a cyber attack;
(v) a geopolitical conflict;
(vi) a terrorist or geopolitical attack;
(vii) a trade disruption caused by--
(I) a country described in
paragraph (2)(B); or
(II) an entity or an individual
subject to the jurisdiction of such a
country; and
(viii) an event for which the President
declares a major disaster or an emergency under
section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170; 42 U.S.C.
5191).
TITLE VI--DEPLOYING AMERICAN BLOCKCHAINS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Deploying American Blockchains Act
of 2024''.
SEC. 602. DEFINITIONS.
In this title:
(1) Advisory committee.--The term ``Advisory Committee''
means the National Blockchain Deployment Advisory Committee
established pursuant to section 603(c).
(2) Blockchain technology or other distributed ledger
technology.--The term ``blockchain technology or other
distributed ledger technology'' means a distributed digital
database where data is--
(A) shared across a network of computers to create
a ledger of verified information among network
participants;
(B) linked using cryptography to maintain the
integrity of the ledger and to execute other functions;
and
(C) distributed among network participants in an
automated fashion to concurrently update network
participants on the state of the ledger and other
functions.
(3) Covered nongovernmental representative.--The term
``covered nongovernmental representative'' means a
representative as specified in the second sentence of section
135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)),
except that such term does not include a representative of a
non-Federal government.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
(6) Token.--The term ``token'' means a transferable,
digital representation of information recorded on blockchain
technology or other distributed ledger technology.
(7) Tokenization.--The term ``tokenization'' means the
process of creating a token.
SEC. 603. DEPARTMENT OF COMMERCE LEADERSHIP ON BLOCKCHAIN.
(a) Function of Secretary.--The Secretary shall serve as a
principal advisor to the President for policy pertaining to the
deployment, use, application, and competitiveness of blockchain
technology or other distributed ledger technology, applications built
on blockchain technology or other distributed ledger technology,
tokens, and tokenization.
(b) Activities.--The Secretary shall support the leadership of the
United States with respect to the deployment, use, application, and
competitiveness of blockchain technology or other distributed ledger
technology, applications built on blockchain technology or other
distributed ledger technology, tokens, and tokenization by organizing
the Advisory Committee--
(1) to examine and to provide recommendations on issues and
risks relating to the deployment, use, application, and
competitiveness of blockchain technology or other distributed
ledger technology, applications built on blockchain technology
or other distributed ledger technology, tokens, and
tokenization, including the issues of decentralized identity,
cybersecurity, key storage and security systems, artificial
intelligence, fraud reduction, regulatory compliance, e-
commerce, health care applications, and supply chain
resiliency;
(2) to support and to promote the improvement and security
of blockchain technology or other distributed ledger
technology, applications built on blockchain technology or
other distributed ledger technology, tokens, and tokenization;
(3) to help to promote the leadership of the United States
with respect to the deployment, use, application, and
competitiveness of blockchain technology or other distributed
ledger technology, applications built on blockchain technology
or other distributed ledger technology, tokens, and
tokenization;
(4) to promote the national security of the United States
with respect to blockchain technology or other distributed
ledger technology, applications built on blockchain technology
or other distributed ledger technology, tokens, and
tokenization;
(5) to support engagement with the public to develop a
compendium of proposals for practices as part of the work
described in subsection (d);
(6) to consider policies to encourage coordination among
Federal agencies with respect to the deployment of blockchain
technology or other distributed ledger technology, applications
built on blockchain technology or other distributed ledger
technology, tokens, and tokenization;
(7) to examine--
(A) how Federal agencies can benefit from utilizing
blockchain technology or other distributed ledger
technology, applications built on blockchain technology
or other distributed ledger technology, tokens, and
tokenization;
(B) the current use by Federal agencies of
blockchain technology or other distributed ledger
technology, applications built on blockchain technology
or other distributed ledger technology, tokens, and
tokenization;
(C) the current and future preparedness and ability
of Federal agencies to adopt blockchain technology or
other distributed ledger technology, applications built
on blockchain technology or other distributed ledger
technology, tokens, and tokenization; and
(D) additional security measures Federal agencies
may need to take--
(i) to securely use blockchain technology
or other distributed ledger technology,
applications built on blockchain technology or
other distributed ledger technology, tokens,
and tokenization, including to support the
security of critical infrastructure; and
(ii) to enhance the resiliency of Federal
systems against cyber threats to blockchain
technology or other distributed ledger
technology, applications built on blockchain
technology or other distributed ledger
technology, tokens, and tokenization; and
(8) to support coordination of the activities of the
Federal Government relating to the security of blockchain
technology and other distributed ledger technology,
applications built on blockchain technology or other
distributed ledger technology, tokens, and tokenization.
(c) Establishment of National Blockchain Deployment Advisory
Committee.--
(1) Establishment.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall,
in consultation with the heads of relevant Federal
agencies, establish an advisory committee to support
the adoption of blockchain technology or other
distributed ledger technology, applications built on
blockchain technology or other distributed ledger
technology, tokens, and tokenization.
(B) Designation.--The advisory committee
established pursuant to subparagraph (A) shall be known
as the ``National Blockchain Deployment Advisory
Committee''.
(2) Membership composition.--The Advisory Committee shall
consist of members appointed by the Secretary, which shall
include--
(A) the Secretary;
(B) representatives of Federal agencies (as
determined necessary by the Secretary); and
(C) covered nongovernmental representatives with
expertise related to blockchain technology or other
distributed ledger technology (as determined necessary
by the Secretary), which may include--
(i) blockchain technology or other
distributed ledger technology infrastructure
operators, suppliers, service providers, and
vendors;
(ii) application developers building on
blockchain technology or other distributed
ledger technology;
(iii) developers and organizations
supporting the advancement and deployment of
public blockchain technology or other
distributed ledger technology;
(iv) subject matter experts representing
industrial sectors that can benefit from
blockchain technology or other distributed
ledger technology;
(v) small, medium, and large businesses;
(vi) think tanks and academia;
(vii) nonprofit organizations and consumer
groups;
(viii) cybersecurity experts;
(ix) rural stakeholders;
(x) covered nongovernmental
representatives; and
(xi) artists and the content creator
community.
(3) Termination of advisory committee.--The Advisory
Committee shall terminate on the date that is 7 years after the
date of the enactment of this Act.
(d) Best Practices.--The Secretary shall, on an ongoing basis,
facilitate and support the development of a compendium of identified or
recommended guidelines or best practices for the deployment of
blockchain technology or other distributed ledger technology,
applications built on blockchain technology or other distributed ledger
technology, tokens, and tokenization that--
(1) support the deployment of technologies needed to
advance the capabilities of blockchain technology or other
distributed ledger technology, applications built on blockchain
technology or other distributed ledger technology, tokens, and
tokenization;
(2) support the interoperability of blockchain technology
or other distributed ledger technology, applications built on
blockchain technology or other distributed ledger technology,
tokens, and tokenization;
(3) support operations, including hashing and key storage
and security systems, that form the foundation of blockchain
technology or other distributed ledger technology, applications
built on blockchain technology or other distributed ledger
technology, tokens, and tokenization;
(4) reduce cybersecurity risks that may compromise
blockchain technology or other distributed ledger technology,
applications built on blockchain technology or other
distributed ledger technology, tokens, and tokenization; and
(5) quantify the value and potential cost savings
associated with adoption of blockchain technology or other
distributed ledger technology, applications built on blockchain
technology or other distributed ledger technology, tokens, and
tokenization, including through comparative analyses of
competing and existing technologies within specific industry
applications.
(e) Additional Requirements.--In carrying out this section, the
Secretary shall--
(1) consult closely and regularly with stakeholders,
including private sector individuals and entities, and
incorporate industry expertise;
(2) collaborate with private sector stakeholders to
identify prioritized, flexible, repeatable, performance-based,
and cost-effective approaches to the deployment of blockchain
technology or other distributed ledger technology, applications
built on blockchain technology or other distributed ledger
technology, tokens, and tokenization;
(3) make public research and information pertaining to the
use of, and marketplace for, blockchain technology or other
distributed ledger technology, applications built on blockchain
technology or other distributed ledger technology, tokens, and
tokenization;
(4) develop standardized terminology for, and promote
common understanding of, blockchain technology or other
distributed ledger technology, applications built on blockchain
technology or other distributed ledger technology, tokens, and
tokenization;
(5) align the recommendations of the compendium described
in subsection (d) with the goal of facilitating the ease of use
of blockchain technology or other distributed ledger
technology, applications built on blockchain technology or
other distributed ledger technology, tokens, and tokenization;
(6) support open-source infrastructure, data management,
and authentication activities with respect to blockchain
technology or other distributed ledger technology, applications
built on blockchain technology or other distributed ledger
technology, tokens, and tokenization; and
(7) consider the needs and interests of both the private
and public sector, including small businesses and Federal,
State, and local governments.
(f) Rules of Construction.--Nothing in this section may be
construed--
(1) to require a private entity to share information with
the Secretary;
(2) to require a private entity to request assistance from
the Secretary;
(3) to require a private entity to implement any measure or
recommendation suggested by the Secretary in response to a
request by the private entity; or
(4) to require the adoption of the best practices described
in subsection (d).
(g) Consultation.--In implementing this section, the Secretary may,
as appropriate, consult with the heads of relevant Federal agencies.
SEC. 604. REPORTS TO CONGRESS.
(a) Interim Reports.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
make public on the website of the Department of Commerce and submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that includes--
(1) a description of the activities of the Secretary under
this title during the preceding year;
(2) any recommendations by the Secretary for additional
legislation to strengthen the competitiveness of the United
States with respect to blockchain technology or other
distributed ledger technology, applications built on blockchain
technology or other distributed ledger technology, tokens, and
tokenization; and
(3) a description of any emerging risks and long-term
trends with respect to blockchain technology or other
distributed ledger technology, applications built on blockchain
technology or other distributed ledger technology, tokens, and
tokenization.
(b) Final Report.--Not later than 18 months before the termination
of the Advisory Committee pursuant to section 603(c)(3), the Secretary
shall make available to the public on the website of the Department of
Commerce and submit to the President, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on Energy
and Commerce of the House of Representatives a final report containing
the findings, conclusions, and recommendations of the Advisory
Committee.
TITLE VII--FUTURE NETWORKS ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Future Uses of Technology
Upholding Reliable and Enhanced Networks Act'' or the ``FUTURE Networks
Act''.
SEC. 802. 6G TASK FORCE.
(a) Establishment.--Not later than 120 days after the date of the
enactment of this Act, the Commission shall establish a task force to
be known as the ``6G Task Force''.
(b) Membership.--
(1) Appointment.--The members of the Task Force shall be
appointed by the Chair.
(2) Composition.--To the extent practicable, the membership
of the Task Force shall be composed of the following:
(A) Representatives of companies in the
communications industry, except companies that are
determined by the Chair to be not trusted.
(B) Representatives of public interest
organizations or academic institutions, except public
interest organizations or academic institutions that
are determined by the Chair to be not trusted.
(C) Representatives of the Federal Government,
State governments, local governments, or Tribal
Governments, with at least one member representing each
such type of government.
(c) Report.--
(1) In general.--Not later than 1 year after the date on
which the Task Force is established under subsection (a), the
Task Force shall publish in the Federal Register and on the
website of the Commission, and submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, a report on sixth-generation wireless technology,
including--
(A) the status of industry-led standards-setting
bodies in setting standards for such technology;
(B) possible uses of such technology identified by
industry-led standards-setting bodies that are setting
standards for such technology;
(C) any limitations of such technology (including
any supply chain or cybersecurity limitations)
identified by industry-led standards-setting bodies
that are setting standards for such technology;
(D) workforce needs to build, maintain, and utilize
6G and advanced wireless communications technologies
and networks, and strategies to conduct the necessary
workforce training;
(E) possible uses of emerging technologies and Open
RAN networks to bolster 6G and advanced wireless
networks; and
(F) how to best work with entities across the
Federal Government, State governments, local
governments, and Tribal Governments to leverage such
technology, including with regard to siting,
deployment, and adoption.
(2) Draft report; public comment.--The Task Force shall--
(A) not later than 180 days after the date on which
the Task Force is established under subsection (a),
publish in the Federal Register and on the website of
the Commission a draft of the report required by
paragraph (1); and
(B) accept public comments on such draft and take
such comments into consideration in preparing the final
version of such report.
(d) Definitions.--In this section:
(1) Chair.--The term ``Chair'' means the Chair of the
Commission.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Not trusted.--
(A) In general.--The term ``not trusted'' means,
with respect to an entity, that--
(i) the Chair has made a public
determination that such entity is owned by,
controlled by, or subject to the influence of a
foreign adversary; or
(ii) the Chair otherwise determines that
such entity poses a threat to the national
security of the United States.
(B) Criteria for determination.--In making a
determination under subparagraph (A)(ii), the Chair
shall use the criteria described in paragraphs (1)
through (4) of section 2(c) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C.
1601(c)), as appropriate.
(4) State.--The term ``State'' has the meaning given such
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(5) Task force.--The term ``Task Force'' means the 6G Task
Force established under subsection (a).
SEC. 803. TERMINATION OF TASK FORCE.
The Task Force shall be terminated 30 days after the date on which
the Task Force submits the report required under section 2(c) of this
Act.
TITLE VIII--SECURE SPACE ACT OF 2024
SEC. 901. SHORT TITLE.
This title may be cited as the ``Secure Space Act of 2024''.
SEC. 902. PROHIBITION ON GRANT OF CERTAIN SATELLITE LICENSES, UNITED
STATES MARKET ACCESS, OR EARTH STATION AUTHORIZATIONS.
(a) In General.--The Secure and Trusted Communications Networks Act
of 2019 (47 U.S.C. 1601 et seq.) is amended--
(1) by redesignating sections 10 and 11 as sections 11 and
12, respectively; and
(2) by inserting after section 9 the following:
``SEC. 10. PROHIBITION ON GRANT OF CERTAIN SATELLITE LICENSES, UNITED
STATES MARKET ACCESS, OR EARTH STATION AUTHORIZATIONS.
``(a) In General.--The Commission may not grant a license for, or a
petition for a declaratory ruling to access the United States market
using, a geostationary orbit satellite system or a nongeostationary
orbit satellite system, or an authorization to use an individually
licensed earth station or a blanket-licensed earth station, if such
license, grant of market access, or authorization would be held or
controlled by--
``(1) an entity that produces or provides any covered
communications equipment or service; or
``(2) an affiliate (as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153)) of an entity
described in paragraph (1).
``(b) Definitions.--In this section:
``(1) Blanket-licensed earth station.--The term `blanket-
licensed earth station' means an earth station that is licensed
with a geostationary orbit satellite system or a
nongeostationary orbit satellite system.
``(2) Gateway station.--The term `gateway station' means an
earth station or a group of earth stations that--
``(A) supports the routing and switching functions
of a geostationary orbit satellite system or a
nongeostationary orbit satellite system;
``(B) may also be used for telemetry, tracking, and
command transmissions;
``(C) does not originate or terminate communication
traffic; and
``(D) is not for the exclusive use of any customer.
``(3) Individually licensed earth station.--The term
`individually licensed earth station' means--
``(A) an earth station (other than a blanket-
licensed earth station) that sends a signal to, and
receives a signal from, a geostationary orbit satellite
system or a nongeostationary orbit satellite system; or
``(B) a gateway station.''.
(b) Applicability.--Section 10 of the Secure and Trusted
Communications Networks Act of 2019, as added by subsection (a), shall
apply with respect to the grant of a license, petition, or
authorization on or after the date of the enactment of this Act.
(c) Rules.--Not later than 1 year after the date of the enactment
of this Act, the Federal Communications Commission shall issue rules to
implement section 10 of the Secure and Trusted Communications Networks
Act of 2019, as added by subsection (a).
TITLE IX--TAKE IT DOWN ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Tools to Address Known
Exploitation by Immobilizing Technological Deepfakes on Websites and
Networks Act'' or the ``TAKE IT DOWN Act''.
SEC. 1002. CRIMINAL PROHIBITION ON INTENTIONAL DISCLOSURE OF
NONCONSENSUAL INTIMATE VISUAL DEPICTIONS.
(a) In General.--Section 223 of the Communications Act of 1934 (47
U.S.C. 223) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Intentional Disclosure of Nonconsensual Intimate Visual
Depictions.--
``(1) Definitions.--In this subsection:
``(A) Consent.--The term `consent' means an
affirmative, conscious, and voluntary authorization
made by an individual free from force, fraud, duress,
misrepresentation, or coercion.
``(B) Digital forgery.--The term `digital forgery'
means any intimate visual depiction of an identifiable
individual created through the use of software, machine
learning, artificial intelligence, or any other
computer-generated or technological means, including by
adapting, modifying, manipulating, or altering an
authentic visual depiction, that, when viewed as a
whole by a reasonable person, is indistinguishable from
an authentic visual depiction of the individual.
``(C) Identifiable individual.--The term
`identifiable individual' means an individual--
``(i) who appears in whole or in part in an
intimate visual depiction; and
``(ii) whose face, likeness, or other
distinguishing characteristic (including a
unique birthmark or other recognizable feature)
is displayed in connection with such intimate
visual depiction.
``(D) Interactive computer service.--The term
`interactive computer service' has the meaning given
the term in section 230.
``(E) Intimate visual depiction.--The term
`intimate visual depiction' has the meaning given such
term in section 1309 of the Consolidated Appropriations
Act, 2022 (15 U.S.C. 6851).
``(F) Minor.--The term `minor' means any individual
under the age of 18 years.
``(2) Offense involving authentic intimate visual
depictions.--
``(A) Involving adults.--Except as provided in
subparagraph (C), it shall be unlawful for any person,
in interstate or foreign commerce, to use an
interactive computer service to knowingly publish an
intimate visual depiction of an identifiable individual
who is not a minor if--
``(i) the intimate visual depiction was
obtained or created under circumstances in
which the person knew or reasonably should have
known the identifiable individual had a
reasonable expectation of privacy;
``(ii) what is depicted was not voluntarily
exposed by the identifiable individual in a
public or commercial setting;
``(iii) what is depicted is not a matter of
public concern; and
``(iv) publication of the intimate visual
depiction--
``(I) is intended to cause harm; or
``(II) causes harm, including
psychological, financial, or
reputational harm, to the identifiable
individual.
``(B) Involving minors.--Except as provided in
subparagraph (C), it shall be unlawful for any person,
in interstate or foreign commerce, to use an
interactive computer service to knowingly publish an
intimate visual depiction of an identifiable individual
who is a minor with intent to--
``(i) abuse, humiliate, harass, or degrade
the minor; or
``(ii) arouse or gratify the sexual desire
of any person.
``(C) Exceptions.--Subparagraphs (A) and (B) shall
not apply to--
``(i) a lawfully authorized investigative,
protective, or intelligence activity of--
``(I) a law enforcement agency of
the United States, a State, or a
political subdivision of a State; or
``(II) an intelligence agency of
the United States;
``(ii) a disclosure made reasonably and in
good faith--
``(I) to a law enforcement officer
or agency;
``(II) as part of a document
production or filing associated with a
legal proceeding;
``(III) as part of medical
education, diagnosis, or treatment or
for a legitimate medical, scientific,
or education purpose;
``(IV) in the reporting of unlawful
content or unsolicited or unwelcome
conduct or in pursuance of a legal,
professional, or other lawful
obligation; or
``(V) to seek support or help with
respect to the receipt of an
unsolicited intimate visual depiction;
``(iii) a disclosure reasonably intended to
assist the identifiable individual; or
``(iv) a person who possesses or publishes
an intimate visual depiction of himself or
herself engaged in nudity or sexually explicit
conduct (as that term is defined in section
2256(2)(A) of title 18, United States Code).
``(3) Offense involving digital forgeries.--
``(A) Involving adults.--Except as provided in
subparagraph (C), it shall be unlawful for any person,
in interstate or foreign commerce, to use an
interactive computer service to knowingly publish a
digital forgery of an identifiable individual who is
not a minor if--
``(i) the digital forgery was published
without the consent of the identifiable
individual;
``(ii) what is depicted was not voluntarily
exposed by the identifiable individual in a
public or commercial setting;
``(iii) what is depicted is not a matter of
public concern; and
``(iv) publication of the digital forgery--
``(I) is intended to cause harm; or
``(II) causes harm, including
psychological, financial, or
reputational harm, to the identifiable
individual.
``(B) Involving minors.--Except as provided in
subparagraph (C), it shall be unlawful for any person,
in interstate or foreign commerce, to use an
interactive computer service to knowingly publish a
digital forgery of an identifiable individual who is a
minor with intent to--
``(i) abuse, humiliate, harass, or degrade
the minor; or
``(ii) arouse or gratify the sexual desire
of any person.
``(C) Exceptions.--Subparagraphs (A) and (B) shall
not apply to--
``(i) a lawfully authorized investigative,
protective, or intelligence activity of--
``(I) a law enforcement agency of
the United States, a State, or a
political subdivision of a State; or
``(II) an intelligence agency of
the United States;
``(ii) a disclosure made reasonably and in
good faith--
``(I) to a law enforcement officer
or agency;
``(II) as part of a document
production or filing associated with a
legal proceeding;
``(III) as part of medical
education, diagnosis, or treatment or
for a legitimate medical, scientific,
or education purpose;
``(IV) in the reporting of unlawful
content or unsolicited or unwelcome
conduct or in pursuance of a legal,
professional, or other lawful
obligation; or
``(V) to seek support or help with
respect to the receipt of an
unsolicited intimate visual depiction;
``(iii) a disclosure reasonably intended to
assist the identifiable individual; or
``(iv) a person who possesses or publishes
a digital forgery of himself or herself engaged
in nudity or sexually explicit conduct (as that
term is defined in section 2256(2)(A) of title
18, United States Code).
``(4) Penalties.--
``(A) Offenses involving adults.--Any person who
violates paragraph (2)(A) or (3)(A) shall be fined
under title 18, United States Code, imprisoned not more
than 2 years, or both.
``(B) Offenses involving minors.--Any person who
violates paragraph (2)(B) or (3)(B) shall be fined
under title 18, United States Code, imprisoned not more
than 3 years, or both.
``(5) Rules of construction.--For purposes of paragraphs
(2) and (3)--
``(A) the fact that the identifiable individual
provided consent for the creation of the intimate
visual depiction shall not establish that the
individual provided consent for the publication of the
intimate visual depiction; and
``(B) the fact that the identifiable individual
disclosed the intimate visual depiction to another
individual shall not establish that the identifiable
individual provided consent for the publication of the
intimate visual depiction by the person alleged to have
violated paragraph (2) or (3), respectively.
``(6) Threats.--
``(A) Threats involving authentic intimate visual
depictions.--Any person who intentionally threatens to
commit an offense under paragraph (2) for the purpose
of intimidation, coercion, extortion, or to create
mental distress shall be punished as provided in
paragraph (4).
``(B) Threats involving digital forgeries.--
``(i) Threats involving adults.--Any person
who intentionally threatens to commit an
offense under paragraph (3)(A) for the purpose
of intimidation, coercion, extortion, or to
create mental distress shall be fined under
title 18, United States Code, imprisoned not
more than 18 months, or both.
``(ii) Threats involving minors.--Any
person who intentionally threatens to commit an
offense under paragraph (3)(B) for the purpose
of intimidation, coercion, extortion, or to
create mental distress shall be fined under
title 18, United States Code, imprisoned not
more than 30 months, or both.
``(7) Forfeiture.--
``(A) In general.--The court, in imposing a
sentence on any person convicted of a violation of
paragraph (2) or (3), shall order, in addition to any
other sentence imposed and irrespective of any
provision of State law, that the person forfeit to the
United States--
``(i) any material distributed in violation
of that paragraph;
``(ii) the person's interest in property,
real or personal, constituting or derived from
any gross proceeds of the violation, or any
property traceable to such property, obtained
or retained directly or indirectly as a result
of the violation; and
``(iii) any personal property of the person
used, or intended to be used, in any manner or
part, to commit or to facilitate the commission
of the violation.
``(B) Procedures.--Section 413 of the Controlled
Substances Act (21 U.S.C. 853), with the exception of
subsections (a) and (d), shall apply to the criminal
forfeiture of property under subparagraph (A).
``(8) Restitution.--The court shall order restitution for
an offense under paragraph (2) or (3) in the same manner as
under section 2264 of title 18, United States Code.
``(9) Rule of construction.--Nothing in this subsection
shall be construed to limit the application of any other
relevant law, including section 2252 of title 18, United States
Code.''.
(b) Defenses.--Section 223(e)(1) of the Communications Act of 1934
(47 U.S.C. 223(e)(1)) is amended by striking ``or (d)'' and inserting
``, (d), or (h)''.
(c) Technical and Conforming Amendment.--Subsection (i) of section
223 of the Communications Act of 1934 (47 U.S.C. 223), as so
redesignated by subsection (a), is amended by inserting
``Definitions.--'' before ``For purposes of this section''.
SEC. 1003. NOTICE AND REMOVAL OF NONCONSENSUAL INTIMATE VISUAL
DEPICTIONS.
(a) In General.--
(1) Notice and removal process.--
(A) Establishment.--Not later than 1 year after the
date of enactment of this Act, a covered platform shall
establish a process whereby an identifiable individual
(or an authorized person acting on behalf of such
individual) may--
(i) notify the covered platform of an
intimate visual depiction published on the
covered platform that--
(I) includes a depiction of the
identifiable individual; and
(II) was published without the
consent of the identifiable individual;
and
(ii) submit a request for the covered
platform to remove such intimate visual
depiction.
(B) Requirements.--A notification and request for
removal of an intimate visual depiction submitted under
the process established under subparagraph (A) shall
include, in writing--
(i) a physical or electronic signature of
the identifiable individual (or an authorized
person acting on behalf of such individual);
(ii) an identification of, and information
reasonably sufficient for the covered platform
to locate, the intimate visual depiction of the
identifiable individual;
(iii) a brief statement that the
identifiable individual has a good faith belief
that any intimate visual depiction identified
under clause (ii) is not consensual, including
any relevant information for the covered
platform to determine the intimate visual
depiction was published without the consent of
the identifiable individual; and
(iv) information sufficient to enable the
covered platform to contact the identifiable
individual (or an authorized person acting on
behalf of such individual).
(2) Notice of process.--A covered platform shall provide on
the platform a clear and conspicuous notice, which may be
provided through a clear and conspicuous link to another web
page or disclosure, of the notice and removal process
established under paragraph (1)(A) that--
(A) is easy to read and in plain language; and
(B) provides information regarding the
responsibilities of the covered platform under this
section, including a description of how an individual
can submit a notification and request for removal.
(3) Removal of nonconsensual intimate visual depictions.--
Upon receiving a valid removal request from an identifiable
individual (or an authorized person acting on behalf of such
individual) using the process described in paragraph
(1)(A)(ii), a covered platform shall, as soon as possible, but
not later than 48 hours after receiving such request--
(A) remove the intimate visual depiction; and
(B) make reasonable efforts to identify and remove
any known identical copies of such depiction.
(4) Limitation on liability.--A covered platform shall not
be liable for any claim based on the covered platform's good
faith disabling of access to, or removal of, material claimed
to be a nonconsensual intimate visual depiction based on facts
or circumstances from which the unlawful publishing of an
intimate visual depiction is apparent, regardless of whether
the intimate visual depiction is ultimately determined to be
unlawful or not.
(b) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practices.--A failure to
reasonably comply with the notice and takedown obligations
under subsection (a) shall be treated as a violation of a rule
defining an unfair or a deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--Except as provided in subparagraph
(D), the Commission shall enforce this section in the
same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Authority preserved.--Nothing in this title
shall be construed to limit the authority of the
Federal Trade Commission under any other provision of
law.
(D) Scope of jurisdiction.--Notwithstanding
sections 4, 5(a)(2), or 6 of the Federal Trade
Commission Act (15 U.S.C. 44, 45(a)(2), 46), or any
jurisdictional limitation of the Commission, the
Commission shall also enforce this section in the same
manner provided in subparagraph (A), with respect to
organizations that are not organized to carry on
business for their own profit or that of their members.
SEC. 1004. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Consent; digital forgery; identifiable individual;
intimate visual depiction.--The terms ``consent'', ``digital
forgery'', ``identifiable individual'', ``intimate visual
depiction'', and ``minor'' have the meaning given such terms in
section 223(h) of the Communications Act of 1934 (47 U.S.C.
223), as added by section 1002.
(3) Covered platform.--
(A) In general.--The term ``covered platform''
means a website, online service, online application, or
mobile application--
(i) that serves the public; and
(ii)(I) that primarily provides a forum for
user-generated content, including messages,
videos, images, games, and audio files; or
(II) for which it is in the regular course
of trade or business of the website, online
service, online application, or mobile
application to publish, curate, host, or make
available content of nonconsensual intimate
visual depictions.
(B) Exclusions.--The term ``covered platform''
shall not include the following:
(i) A provider of broadband internet access
service (as described in section 8.1(b) of
title 47, Code of Federal Regulations, or
successor regulation).
(ii) Electronic mail.
(iii) Except as provided in subparagraph
(A)(ii)(II), an online service, application, or
website--
(I) that consists primarily of
content that is not user generated but
is preselected by the provider of such
online service, application, or
website; and
(II) for which any chat, comment,
or interactive functionality is
incidental to, directly related to, or
dependent on the provision of the
content described in subclause (I).
SEC. 1005. SEVERABILITY.
If any provision of this title, or an amendment made by this title,
is determined to be unenforceable or invalid, the remaining provisions
of this title and the amendments made by this title shall not be
affected.
TITLE X--RURAL BROADBAND PROTECTION ACT OF 2024
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Rural Broadband Protection Act of
2024''.
SEC. 1102. VETTING PROCESS FOR PROSPECTIVE HIGH-COST UNIVERSAL SERVICE
FUND APPLICANTS.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended by adding at the end the following:
``(m) Vetting of High-cost Fund Recipients.--
``(1) Definitions.--In this subsection--
``(A) the term `covered funding' means any new
offer of high-cost universal service program funding,
including funding provided through a reverse
competitive bidding mechanism provided under this
section, for the deployment of a broadband-capable
network and the provision of supported services over
the network; and
``(B) the term `new covered funding award' means an
award of covered funding that is made based on an
application submitted to the Commission on or after the
date on which rules are promulgated under paragraph
(2).
``(2) Commission rulemaking.--Not later than 180 days after
the date of enactment of this subsection, the Commission shall
initiate a rulemaking proceeding to establish a vetting process
for applicants for, and other recipients of, a new covered
funding award.
``(3) Contents.--
``(A) In general.--In promulgating rules under
paragraph (2), the Commission shall provide that,
consistent with principles of technology neutrality,
the Commission will only award covered funding to
applicants that can demonstrate that they meet the
qualifications in subparagraph (B).
``(B) Qualifications described.--An applicant for a
new covered funding award shall include in the initial
application a proposal containing sufficient detail and
documentation for the Commission to ascertain that the
applicant possesses the technical, financial, and
operational capabilities, and has a reasonable business
plan, to deploy the proposed network and deliver
services with the relevant performance characteristics
and requirements defined by the Commission and as
pledged by the applicant.
``(C) Evaluation of proposal.--The Commission shall
evaluate a proposal described in subparagraph (B)
against--
``(i) reasonable and well-established
technical, financial, and operational
standards, including the technical standards
adopted by the Commission in orders of the
Commission relating to Establishing the Digital
Opportunity Data Collection (WC Docket No. 19-
195) (or orders of the Commission relating to
modernizing any successor collection) for
purposes of entities that must report broadband
availability coverage; and
``(ii) the applicant's history of complying
with requirements in Commission and other
government broadband deployment funding
programs.
``(D) Penalties for pre-authorization defaults.--In
adopting rules for any new covered funding award, the
Commission shall set a penalty for pre-authorization
defaults of at least $9,000 per violation and may not
limit the base forfeiture to an amount less than 30
percent of the applicant's total support, unless the
Commission demonstrates the need for lower penalties in
a particular instance.''.
TITLE XI--AMERICAN MUSIC TOURISM
SEC. 1201. SHORT TITLE.
This title may be cited as the ``American Music Tourism Act of
2024''.
SEC. 1202. RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF COMMERCE FOR
TRAVEL AND TOURISM.
(a) Domestic Travel and Tourism.--Section 605(b) of the Visit
America Act (15 U.S.C. 9803(b)) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) identify locations and events in the United States
that are important to music tourism and facilitate and promote
domestic travel and tourism to those locations and events.''.
(b) Facilitation of International Business and Leisure Travel.--
Section 605 of the Visit America Act (15 U.S.C. 9803) is amended by
striking subsection (d) and inserting the following:
``(d) Facilitation of International Business and Leisure Travel.--
The Assistant Secretary, in coordination with relevant Federal
agencies, shall strive to increase and facilitate international
business and leisure travel to the United States and ensure
competitiveness by--
``(1) facilitating large meetings, incentives, conferences,
and exhibitions in the United States;
``(2) emphasizing rural and other destinations in the
United States that are rich in cultural heritage or ecological
tourism, among other uniquely American destinations, as
locations for hosting international meetings, incentives,
conferences, and exhibitions;
``(3) facilitating and promoting international travel and
tourism to sports and recreation events and activities in the
United States; and
``(4) identifying locations and events in the United States
that are important to music tourism and facilitating and
promoting international travel and tourism to those locations
and events.''.
(c) Reporting Requirements.--Section 605(f) of the Visit America
Act (15 U.S.C. 9803(f)) is amended by adding at the end the following:
``(4) Report on goals relating to domestic and
international travel.--Not later than 1 year after the date of
enactment of the American Music Tourism Act of 2024, and every
2 years thereafter, the Assistant Secretary shall submit to the
Subcommittee on Tourism, Trade, and Export Promotion of the
Committee on Commerce, Science, and Transportation of the
Senate and the Subcommittee on Innovation, Data, and Commerce
of the Committee on Energy and Commerce of the House of
Representatives a report of activities, findings, achievements,
and vulnerabilities relating to the goals described in
subsections (a) through (d).''.
(d) Definition.--Section 600 of title VI of division BB of the
Consolidated Appropriations Act, 2023 (15 U.S.C. 9801) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margins accordingly; and
(2) by striking ``In this title, the term `COVID-19 public
health emergency'--'' and inserting the following:
``In this title:
``(1) COVID-19 public health emergency.--The term `COVID-19
public health emergency'--''; and
(3) by adding at the end the following:
``(2) Music tourism.--The term `music tourism' means--
``(A) the act of traveling to a State or locality
to visit historic or modern day music-related
attractions, including museums, studios, venues of all
sizes, and other sites related to music; or
``(B) the act of traveling to a State or locality
to attend a music festival, a concert, or other live
musical performance or music-related special event.''.
TITLE XII--INFORMING CONSUMERS ABOUT SMART DEVICES
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Informing Consumers about Smart
Devices Act''.
SEC. 1302. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN
CERTAIN INTERNET-CONNECTED DEVICES.
Each manufacturer of a covered device shall disclose, clearly and
conspicuously and prior to purchase, whether the covered device
manufactured by the manufacturer contains a camera or microphone as a
component of the covered device.
SEC. 1303. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
1302 shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Actions by the Commission.--
(1) In general.--The Federal Trade Commission (in this
title referred to as the ``Commission'') shall enforce this
title in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made a part of this
title.
(2) Penalties and privileges.--Any person who violates this
title or a regulation promulgated under this title shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(3) Savings clause.--Nothing in this title shall be
construed to limit the authority of the Commission under any
other provision of law.
(c) Commission Guidance.--Not later than 180 days after the date of
enactment of this title, the Commission, through outreach to relevant
private entities, shall issue guidance to assist manufacturers in
complying with the requirements of this title, including guidance about
best practices for making the disclosure required by section 1302 as
clear and conspicuous and age appropriate as practicable and about best
practices for the use of a pictorial (as defined in section 2(a) of the
Consumer Review Fairness Act of 2016 (15 U.S.C. 45b(a))) visual
representation of the information to be disclosed.
(d) Tailored Guidance.--A manufacturer of a covered device may
petition the Commission for tailored guidance as to how to meet the
requirements of section 1302 consistent with existing rules of practice
or any successor rules.
(e) Limitation on Commission Guidance.--No guidance issued by the
Commission with respect to this title shall confer any rights on any
person, State, or locality, nor shall operate to bind the Commission or
any person to the approach recommended in such guidance. In any
enforcement action brought pursuant to this title, the Commission shall
allege a specific violation of a provision of this title. The
Commission may not base an enforcement action on, or execute a consent
order based on, practices that are alleged to be inconsistent with any
such guidelines, unless the practices allegedly violate section 1302.
SEC. 1304. DEFINITION OF COVERED DEVICE.
As used in this title, the term ``covered device''--
(1) means a consumer product, as defined by section 3(a) of
the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is
capable of connecting to the internet, a component of which is
a camera or microphone; and
(2) does not include--
(A) a telephone (including a mobile phone), a
laptop, tablet, or any device that a consumer would
reasonably expect to have a microphone or camera;
(B) any device that is specifically marketed as a
camera, telecommunications device, or microphone; or
(C) any device or apparatus described in sections
255, 716, and 718, and subsections (aa) and (bb) of
section 303 of the Communications Act of 1934 (47
U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any
regulations promulgated thereunder.
SEC. 1305. EFFECTIVE DATE.
This title shall apply to all covered devices manufactured after
the date that is 180 days after the date on which guidance is issued by
the Commission under section 1303(c), and shall not apply to covered
devices manufactured or sold before such date, or otherwise introduced
into interstate commerce before such date.
TITLE XIII--SECURING SEMICONDUCTOR SUPPLY CHAINS ACT OF 2024
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Securing Semiconductor Supply
Chains Act of 2024''.
SEC. 1402. SELECTUSA DEFINED.
In this title, the term ``SelectUSA'' means the SelectUSA program
of the Department of Commerce established by Executive Order 13577 (76
Fed. Reg. 35,715).
SEC. 1403. FINDINGS.
Congress makes the following findings:
(1) Semiconductors underpin the United States and global
economies, including manufacturing sectors. Semiconductors are
also essential to the national security of the United States.
(2) A shortage of semiconductors, brought about by the
COVID-19 pandemic and other complex factors impacting the
overall supply chain, has threatened the economic recovery of
the United States and industries that employ millions of United
States citizens.
(3) Addressing current challenges and building resilience
against future risks requires ensuring a secure and stable
supply chain for semiconductors that will support the economic
and national security needs of the United States and its
allies.
(4) The supply chain for semiconductors is complex and
global. While the United States plays a leading role in certain
segments of the semiconductor industry, securing the supply
chain requires onshoring, reshoring, or diversifying vulnerable
segments, such as for--
(A) fabrication;
(B) advanced packaging; and
(C) materials and equipment used to manufacture
semiconductor products.
(5) The Federal Government can leverage foreign direct
investment and private dollars to grow the domestic
manufacturing and production capacity of the United States for
vulnerable segments of the semiconductor supply chain.
(6) The SelectUSA program of the Department of Commerce, in
coordination with other Federal agencies and State-level
economic development organizations, is positioned to boost
foreign direct investment in domestic manufacturing and to help
secure the semiconductor supply chain of the United States.
SEC. 1404. COORDINATION WITH STATE-LEVEL ECONOMIC DEVELOPMENT
ORGANIZATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Executive Director of SelectUSA shall solicit comments from
State-level economic development organizations--
(1) to review--
(A) what efforts the Federal Government can take to
support increased foreign direct investment in any
segment of semiconductor-related production;
(B) what barriers to such investment may exist and
how to amplify State efforts to attract such
investment;
(C) public opportunities those organizations have
identified to attract foreign direct investment to help
increase investment described in subparagraph (A); and
(D) resource gaps or other challenges that prevent
those organizations from increasing such investment;
and
(2) to develop recommendations for--
(A) how SelectUSA can increase such investment
independently or through partnership with those
organizations; and
(B) working with countries that are allies or
partners of the United States to ensure that foreign
adversaries (as defined in section 8(c)(2) of the
Secure and Trusted Communications Networks Act of 2019
(47 U.S.C. 1607(c)(2))) do not benefit from United
States efforts to increase such investment.
SEC. 1405. REPORT ON INCREASING FOREIGN DIRECT INVESTMENT IN
SEMICONDUCTOR-RELATED MANUFACTURING AND PRODUCTION.
Not later than 2 years after the date of the enactment of this Act,
the Executive Director of SelectUSA, in coordination with the Federal
Interagency Investment Working Group established by Executive Order
13577 (76 Fed. Reg. 35,715; relating to establishment of the SelectUSA
Initiative), shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that includes--
(1) a review of the comments SelectUSA received from State-
level economic development organizations under section 4;
(2) a description of activities SelectUSA is engaged in to
increase foreign direct investment in semiconductor-related
manufacturing and production; and
(3) an assessment of strategies SelectUSA may implement to
achieve an increase in such investment and to help secure the
United States supply chain for semiconductors, including by--
(A) working with other relevant Federal agencies;
and
(B) working with State-level economic development
organizations and implementing any strategies or
recommendations SelectUSA received from those
organizations.
SEC. 1406. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for the
purpose of carrying out this title. The Executive Director of SelectUSA
shall carry out this title using amounts otherwise available to the
Executive Director for such purposes.
TITLE XIV--HOTEL FEES TRANSPARENCY ACT
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Hotel Fees Transparency Act of
2024''.
SEC. 1602. PROHIBITION ON UNFAIR AND DECEPTIVE ADVERTISING OF HOTEL
ROOMS AND OTHER SHORT-TERM RENTAL PRICES.
(a) Prohibition.--
(1) In general.--It shall be unlawful for a covered entity
to display, advertise, market, or offer in interstate commerce,
including through direct offerings, third-party distribution,
or metasearch referrals, a price for covered services that does
not clearly, conspicuously, and prominently--
(A) display the total services price, if a price is
displayed, in any advertisement, marketing, or price
list wherever the covered services are displayed,
advertised, marketed, or offered for sale;
(B) disclose to any individual who seeks to
purchase covered services the total services price at
the time the covered services are first displayed to
the individual and anytime thereafter throughout the
covered services purchasing process; and
(C) disclose, prior to the final purchase, any tax,
fee, or assessment imposed by any government entity,
quasi-government entity, or government-created special
district or program on the sale of covered services.
(2) Individual components.--Provided that such displays are
less prominent than the total service price required in
paragraph (1), nothing in this Act shall be construed to
prohibit the display of--
(A) individual components of the total price; or
(B) details of other items not required by
paragraph (1).
(3) Indemnification provisions.--Nothing in this section
shall be construed to prohibit any covered entity from entering
into a contract with any other covered entity that contains an
indemnification provision with respect to price or fee
information disclosed, exchanged, or shared between the covered
entities that are parties to the contract.
(b) Enforcement.--
(1) Enforcement by the commission.--
(A) Unfair or deceptive acts or practices.--A
violation of subsection (a) shall be treated as a
violation of a rule defining an unfair or deceptive act
or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(B) Powers of the commission.--
(i) In general.--The Commission shall
enforce this section in the same manner, by the
same means, and with the same jurisdiction,
powers, and duties as though all applicable
terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were
incorporated into and made a part of this Act.
(ii) Privileges and immunities.--Any person
who violates this section shall be subject to
the penalties and entitled to the privileges
and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(iii) Authority preserved.--Nothing in this
section shall be construed to limit the
authority of the Commission under any other
provision of law.
(2) Enforcement by states.--
(A) In general.--If the attorney general of a State
has reason to believe that an interest of the residents
of the State has been or is being threatened or
adversely affected by a practice that violates
subsection (a), the attorney general of the State may,
as parens patriae, bring a civil action on behalf of
the residents of the State in an appropriate district
court of the United States to obtain appropriate
relief.
(B) Rights of the commission.--
(i) Notice to the commission.--
(I) In general.--Except as provided
in subclause (III), the attorney
general of a State, before initiating a
civil action under subparagraph (A)
shall notify the Commission in writing
that the attorney general intends to
bring such civil action.
(II) Contents.--The notification
required by subclause (I) shall include
a copy of the complaint to be filed to
initiate the civil action.
(III) Exception.--If it is not
feasible for the attorney general of a
State to provide the notification
required by subclause (I) before
initiating a civil action under
subparagraph (A), the attorney general
shall notify the Commission immediately
upon instituting the civil action.
(ii) Intervention by the commission.--The
Commission may--
(I) intervene in any civil action
brought by the attorney general of a
State under subparagraph (A); and
(II) upon intervening--
(aa) be heard on all
matters arising in the civil
action; and
(bb) file petitions for
appeal.
(C) Investigatory powers.--Nothing in this
paragraph may be construed to prevent the attorney
general of a State from exercising the powers conferred
on the attorney general by the laws of the State to
conduct investigations, to administer oaths or
affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(D) Action by the commission.--Whenever a civil
action has been instituted by or on behalf of the
Commission for violation of subsection (a), no attorney
general of a State may, during the pendency of that
action, institute an action under subparagraph (A)
against any defendant named in the complaint in that
action for a violation of subsection (a) alleged in
such complaint.
(E) Venue; service of process.--
(i) Venue.--Any action brought under
subparagraph (A) may be brought in--
(I) the district court of the
United States that meets applicable
requirements relating to venue under
section 1391 of title 28, United States
Code; or
(II) another court of competent
jurisdiction.
(ii) Service of process.--In an action
brought under subparagraph (A), process may be
served in any district in which--
(I) the defendant is an inhabitant,
may be found, or transacts business; or
(II) venue is proper under section
1391 of title 28, United States Code.
(F) Actions by other state officials.--
(i) In general.--In addition to civil
actions brought by an attorney general under
subparagraph (A), any other officer of a State
who is authorized by the State to do so may
bring a civil action under subparagraph (A),
subject to the same requirements and
limitations that apply under this paragraph to
civil actions brought by attorneys general.
(ii) Savings provision.--Nothing in this
paragraph may be construed to prohibit an
authorized official of a State from initiating
or continuing any proceeding in a court of the
State for a violation of any civil or criminal
law of the State.
(3) Affirmative defense.--In any action pursuant to
paragraph (1) or (2), an intermediary or third-party online
seller may assert an affirmative defense if such intermediary
or third-party online seller--
(A) established procedures to receive up-to-date
price information from hotels or short-term rentals, or
agents acting on behalf of a hotel or short-term
rental;
(B) relied in good faith on information provided to
the intermediary or third-party online seller by a
hotel or short-term rental, or agent acting on behalf
of such hotel or short-term rental, and such
information was inaccurate at the time it was provided
to the intermediary or third-party online seller; and
(C) took prompt action to remove or correct any
false or inaccurate information about the total
services price after receiving notice that such
information was false or inaccurate.
(c) Preemption.--
(1) In general.--A State, or political subdivision of a
State, may not maintain, enforce, prescribe, or continue in
effect any law, rule, regulation, requirement, standard, or
other provision having the force and effect of law of the
State, or political subdivision of the State, that prohibits a
covered entity from advertising, displaying, marketing, or
otherwise offering, or otherwise affects the manner in which a
covered entity may advertise, display, market, or otherwise
offer, for sale in interstate commerce, including through a
direct offering, third-party distribution, or metasearch
referral, a price of a reservation for a covered service, and
that requires fee disclosure, unless the law requires the total
services price to include each service fee, as defined in
subsection (d)(8), and in accordance with subsection (a)(1).
(2) Rule of construction.--This section may not be
construed to--
(A) preempt any law of a State or political
subdivision of a State relating to contracts or torts;
or
(B) preempt any law of a State or political
subdivision of a State to the extent that such law
relates to an act of fraud, unauthorized access to
personal information, or notification of unauthorized
access to personal information.
(d) Definitions.--In this Act:
(1) Base services price.--The term ``base services price''
--
(A) means, with respect to the covered services
provided by a hotel or short-term rental, the price in
order to obtain the covered services of the hotel or
short-term rental; and
(B) does not include--
(i) any service fee;
(ii) any taxes or fees imposed by a
government or quasi-government entity;
(iii) assessment fees of a government-
created special district or program; or
(iv) any charges or fees for an optional
product or service associated with the covered
services that may be selected by a purchaser of
covered services.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered entity.--The term ``covered entity'' means a
person, partnership, or corporation with respect to whom the
Commission has jurisdiction under section 5(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(2)), including--
(A) a hotel or short-term rental;
(B) a third-party online seller; or
(C) an intermediary.
(4) Covered services.--The term ``covered services''--
(A) means the temporary provision of a room,
building, or other lodging facility; and
(B) does not include the provision of a meeting
room, banquet services, or catering services.
(5) Hotel.--The term ``hotel'' means an establishment that
is--
(A) primarily engaged in providing a covered
service to the general public; and
(B) promoted, advertised, or marketed in interstate
commerce or for which such establishment's services are
sold in interstate commerce.
(6) Intermediary.--The term ``intermediary'' means an
entity that operates either as a business-to-business platform,
consumer-facing platform, or both, that displays, including
through direct offerings, third-party distribution, or
metasearch referral, a price for covered services or price
comparison tools for consumers seeking covered services.
(7) Optional product or service.--The term ``optional
product or service'' means a product or service that an
individual does not need to purchase to use or obtain covered
services
(8) Service fee.--The term ``service fee''--
(A) means a charge imposed by a covered entity that
must be paid in order to obtain covered services; and
(B) does not include--
(i) any taxes or fees imposed by a
government or quasi-government entity;
(ii) any assessment fees of a government-
created special district or program; or
(iii) any charges or fees for an optional
product or service associated with the covered
services that may be selected by a purchaser of
covered services.
(9) Short-term rental.--The term ``short-term rental''
means a property, including a single-family dwelling or a unit
in a condominium, cooperative, or time-share, that provides
covered services (either with respect to the entire property or
a part of the property) to the general public--
(A) in exchange for a fee;
(B) for periods shorter than 30 consecutive days;
and
(C) is promoted, advertised, or marketed in
interstate commerce or for which such property's
services are sold in interstate commerce.
(10) State.--The term ``State'' means each of the 50
States, the District of Columbia, and any territory or
possession of the United States.
(11) Third-party online seller.--The term ``third-party
online seller'' means any person other than a hotel or short-
term rental that sells covered services or offers for sale
covered services with respect to a hotel or short-term rental
in a transaction facilitated on the internet.
(12) Total services price.--The term ``total services''--
(A) means, with respect to covered services, the
total cost of the covered services, including the base
services price and any service fees; and
(B) does not include--
(i) any taxes or fees imposed by a
government or quasi-government entity;
(ii) any assessment fees of a government-
created special district or program; or
(iii) any charges or fees for an optional
product or service associated with the covered
services that may be selected by a purchaser of
covered services.
(e) Effective Date.--The prohibition under subsection (a) shall
take effect 450 days after the date of the enactment of this Act and
shall apply to advertisements, displays, marketing, and offers of
covered services of a covered entity made on or after such date.
TITLE XV--TRANSPARENCY IN CHARGES FOR KEY EVENTS TICKETING
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Transparency In Charges for Key
Events Ticketing Act'' or the ``TICKET Act''.
SEC. 1702. ALL INCLUSIVE TICKET PRICE DISCLOSURE.
Beginning 180 days after the date of the enactment of this Act, it
shall be unlawful for a ticket issuer, secondary market ticket issuer,
or secondary market ticket exchange to offer for sale an event ticket
unless the ticket issuer, secondary market ticket issuer, or secondary
market ticket exchange--
(1) clearly and conspicuously displays the total event
ticket price, if a price is displayed, in any advertisement,
marketing, or price list wherever the ticket is offered for
sale;
(2) clearly and conspicuously discloses to any individual
who seeks to purchase an event ticket the total event ticket
price at the time the ticket is first displayed to the
individual and anytime thereafter throughout the ticket
purchasing process; and
(3) provides an itemized list of the base event ticket
price and each event ticket fee prior to the completion of the
ticket purchasing process.
SEC. 1703. SPECULATIVE TICKETING BAN.
(a) Prohibition.--Beginning 180 days after the date of the
enactment of this Act, a ticket issuer, secondary market ticket issuer,
or secondary market ticket exchange that does not have actual or
constructive possession of an event ticket shall not sell, offer for
sale, or advertise for sale such event ticket.
(b) Services Permitted.--Notwithstanding subsection (a), a
secondary market ticket issuer or secondary market ticket exchange may
sell, offer for sale, or advertise for sale a service to an individual
to obtain an event ticket on behalf of such individual if the secondary
market ticket issuer or secondary market ticket exchange complies with
the following:
(1) Does not market or list the service as an event ticket.
(2) Maintains a clear, distinct, and easily discernible
separation between the service and event tickets that persists
throughout the entire service selection and purchasing process.
(3) Clearly and conspicuously discloses before selection of
the service that the service is not an event ticket and that
the purchase of the service does not guarantee an event ticket.
SEC. 1704. DISCLOSURES.
A ticket issuer, secondary market ticket issuer, or secondary
market ticket exchange--
(1) if offering an event ticket for resale, shall provide a
clear and conspicuous statement, before a consumer purchases
the event ticket from the ticket issuer, secondary market
ticket issuer, or secondary market ticket exchange, that the
issuer or exchange is engaged in the secondary sale of event
tickets; and
(2) shall not state that the ticket issuer, secondary
market ticket issuer, or secondary market ticket exchange is
affiliated with or endorsed by a venue, team, or artist, as
applicable, including by using words like ``official'' in
promotional materials, social media promotions, or paid
advertising, unless a partnership agreement has been executed
or the issuer or exchange has the express written consent of
the venue, team, or artist, as applicable.
SEC. 1705. REFUND REQUIREMENTS.
(a) Cancellation.--Beginning 180 days after the date of the
enactment of this Act, if an event is canceled or postponed (except for
a case in which an event is canceled or postponed due to a cause beyond
the reasonable control of the issuer, including a natural disaster,
civil disturbance, or otherwise unforeseeable impediment), a ticket
issuer, secondary market ticket issuer, or secondary market ticket
exchange shall provide the purchaser of an event ticket from the issuer
or exchange for the canceled or postponed event, at a minimum--
(1) if the event is cancelled, a full refund for the total
event ticket price;
(2) subject to availability, if the event is postponed for
not more than 6 months and the original event ticket is no
longer valid for entry to the rescheduled event, a replacement
event ticket for the rescheduled event in the same or a
comparable location once the event has been rescheduled; or
(3) if the event is postponed for more than 6 months, at
the option of the purchaser--
(A) a full refund for the total event ticket price;
or
(B) if the original event ticket is no longer valid
for entry to the rescheduled event, a replacement event
ticket for the rescheduled event in the same or a
comparable location once the event has been
rescheduled.
(b) Disclosure of Guarantee and Refund Policy Required.--Beginning
180 days after the date of the enactment of this Act, a ticket issuer,
secondary market ticket issuer, or secondary market ticket exchange
shall disclose clearly and conspicuously to a purchaser before the
completion of an event ticket sale the guarantee or refund policy of
such ticket issuer, secondary market ticket issuer, or secondary market
ticket exchange, including under what circumstances any refund issued
will include a refund of any event ticket fee.
(c) Disclosure of How to Obtain a Refund Required.--Beginning 180
days after the date of the enactment of this Act, a ticket issuer,
secondary market ticket issuer, or secondary market ticket exchange
shall provide a clear and conspicuous explanation of how to obtain a
refund of the total event ticket price.
SEC. 1706. REPORT BY THE FEDERAL TRADE COMMISSION ON BOTS ACT OF 2016
ENFORCEMENT.
Not later than 6 months after the date of the enactment of this
Act, the Commission shall submit to Congress a report on enforcement of
the Better Online Ticket Sales Act of 2016 (Public Law 114-274; 15
U.S.C. 45c), including any enforcement action taken, challenges with
enforcement and coordination with State Attorneys General, and
recommendations on how to improve enforcement and industry compliance.
SEC. 1707. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--A violation of this title
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of Commission.--
(1) In general.--The Commission shall enforce this title in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made a part of this
title.
(2) Privileges and immunities.--Any person who violates
this title shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this title shall be
construed to limit the authority of the Commission under any
other provision of law.
SEC. 1708. DEFINITIONS.
In this title:
(1) Artist.--The term ``artist'' means any performer,
musician, comedian, producer, ensemble or production entity of
a theatrical production, sports team owner, or similar person.
(2) Base event ticket price.--The term ``base event ticket
price'' means, with respect to an event ticket, the price of
the event ticket excluding the cost of any event ticket fees.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Event.--The term ``event'' means any live concert,
theatrical performance, sporting event, show, or similarly
scheduled live activity, that is--
(A) taking place in a venue with a seating or
attendance capacity exceeding 200 persons;
(B) open to the general public; and
(C) promoted, advertised, or marketed in interstate
commerce, or for which event tickets are generally sold
or distributed in interstate commerce.
(5) Event ticket; ticket issuer.--The terms ``event
ticket'' and ``ticket issuer'' have the meaning given those
terms in the Better Online Ticket Sales Act of 2016 (Public Law
114-274).
(6) Event ticket fee.--The term ``event ticket fee''--
(A) means a charge for an event ticket that must be
paid in addition to the base event ticket price in
order to obtain an event ticket from a ticket issuer,
secondary market ticket issuer, or secondary market
ticket exchange, including any service fee, charge and
order processing fee, delivery fee, facility charge
fee, tax, and any other charge; and
(B) does not include any charge or fee for an
optional product or service associated with the event
that may be selected by a purchaser of an event ticket.
(7) Optional product or service.--The term ``optional
product or service'' means a product or service that an
individual does not need to purchase to use or take possession
of an event ticket.
(8) Resale; secondary sale.--The terms ``resale'' and
``secondary sale'' mean any sale of an event ticket that occurs
after the initial sale of the event ticket by a ticket issuer.
(9) Secondary market ticket exchange.--The term ``secondary
market ticket exchange'' means any person that in the regular
course of trade or business of that person operates a platform
or exchange for advertising, listing, or selling resale
tickets, on behalf of itself, vendors, or a secondary market
ticket issuer.
(10) Secondary market ticket issuer.--The term ``secondary
market ticket issuer'' means any person, including a ticket
issuer, that resells or makes a secondary sale of an event
ticket to the general public in the regular course of the trade
or business of the person.
(11) Total event ticket price.--The term ``total event
ticket price'' means, with respect to an event ticket, the
total cost of the event ticket, including the base event ticket
price and any event ticket fee.
(12) Venue.--The term ``venue'' means a physical space at
which an event takes place.
TITLE XVI--ROUTERS ACT
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Removing Our Unsecure Technologies
to Ensure Reliability and Security Act'' or the ``ROUTERS Act''.
SEC. 1802. STUDY OF NATIONAL SECURITY RISKS POSED BY CERTAIN ROUTERS
AND MODEMS.
(a) In General.--The Secretary shall conduct a study of the
national security risks posed by consumer routers, modems, and devices
that combine a modem and router that are designed, developed,
manufactured, or supplied by persons owned by, controlled by, or
subject to the influence of a covered country.
(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study conducted under subsection (a).
(c) Definitions.--In this section:
(1) Covered country.--The term ``covered country'' means a
country specified in section 4872(d)(2) of title 10, United
States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, in consultation with the Assistant Secretary of
Commerce for Communications and Information.
TITLE XVII--NTIA REAUTHORIZATION
SEC. 1901. SHORT TITLE.
This title may be cited as the ``National Telecommunications and
Information Administration Reauthorization Act of 2024'' or the ``NTIA
Reauthorization Act of 2024''.
SEC. 1902. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
(3) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Communications and
Information.
Subtitle A--Reauthorization
SEC. 1911. REAUTHORIZATION OF THE NATIONAL TELECOMMUNICATIONS AND
INFORMATION ADMINISTRATION ORGANIZATION ACT.
(a) Authorization of Appropriations.--Section 151 of the National
Telecommunications and Information Administration Organization Act is
amended by striking ``$17,600,000 for fiscal year 1992 and $17,900,000
for fiscal year 1993'' and inserting ``$57,000,000 for fiscal year 2025
and $57,000,000 for fiscal year 2026''.
(b) Under Secretary of Commerce for Communications and
Information.--
(1) Under secretary; deputy under secretary.--
(A) Under secretary.--The National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq) is amended by
striking ``Assistant Secretary'' each place it appears
and inserting ``Under Secretary''.
(B) Deputy under secretary.--Section 103(a) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902(a)), as
amended by this section, is amended by adding at the
end the following:
``(3) Deputy under secretary.--The Deputy Under Secretary
of Commerce for Communications and Information shall--
``(A) be the principal policy advisor of the Under
Secretary;
``(B) perform such other functions as the Under
Secretary shall from time to time assign or delegate;
and
``(C) act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a
vacancy in the office of the Under Secretary.''.
(2) Continuation of civil actions.--This subsection, and
the amendments made by this subsection, shall not abate any
civil action commenced by or against the Assistant Secretary of
Commerce for Communications and Information before the date of
the enactment of this Act, except that the Under Secretary
shall be substituted as a party to the action on and after such
date.
(3) Continuation in office.--The individual serving as the
Assistant Secretary of Commerce for Communications and
Information and the individual serving as the Deputy Assistant
Secretary of Commerce for Communications and Information on the
day before the date of the enactment of this Act may serve as
the Under Secretary and the Deputy Under Secretary of Commerce
for Communications and Information, respectively, on and after
that date without the need for renomination or reappointment.
(4) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
Assistant Secretary of Commerce for Communications and
Information shall, on and after the date of the enactment of
this Act, be deemed to be a reference to the Under Secretary.
(5) Executive schedule.--
(A) In general.--Subchapter II of chapter 53 of
title 5, United States Code, is amended--
(i) in section 5314, by adding at the end
the following:
``Under Secretary of Commerce for Communications and
Information.''; and
(ii) in section 5315, in the item relating
to the Assistant Secretaries of Commerce, by
striking ``(11)'' and inserting ``(10)''.
(B) Effective date.--The amendment made by
subparagraph (A) (establishing the annual rate of the
basic pay of the Under Secretary) shall take effect on
the first day of the first pay period beginning after
the date of the enactment of this Act.
(c) Authorities and Responsibilities.--
(1) Coordination of executive branch views on matters
before the federal communications commission.--Section
105(a)(1) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 904(a)(1)) is
amended--
(A) by striking ``to ensure that the conduct'' and
inserting the following: ``to ensure that--
``(A) the conduct'';
(B) in subparagraph (A), as so designated, by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(B) the views of the executive branch on matters
presented to the Commission are, consistent with
section 103(b)(2)(J)--
``(i) appropriately coordinated; and
``(ii) reflective of executive branch
policy.''.
(2) Assigned functions.--Section 103(b)(2) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 902(b)(2)) is amended--
(A) in the matter preceding subparagraph (A), by
inserting ``, some of which were'' before ``transferred
to the Secretary''; and
(B) in subparagraph (M), by inserting ``, publish
reports,'' after ``studies''.
(3) Rule of construction.--Nothing in the amendments made
by paragraphs (1) and (2) may be construed to expand or
contract the authority of the Commission.
(d) Technical and Conforming Amendments.--
(1) Public telecommunications financing act of 1978.--
Section 106(c) of the Public Telecommunications Financing Act
of 1978 (5 U.S.C. 5316 note; Public Law 95-567) is amended by
striking ``The position of Deputy Assistant Secretary of
Commerce for Communications and Information, established in
Department of Commerce Organization Order Numbered 10-10
(effective March 26, 1978),'' and inserting ``The position of
Deputy Under Secretary of Commerce for Communications and
Information, established under section 103(a) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 902(a)),''.
(2) Communications act of 1934.--Section 344(d)(2) of the
Communications Act of 1934 (47 U.S.C. 344(d)(2)) is amended by
striking ``Assistant Secretary'' and inserting ``Under
Secretary''.
(3) Homeland security act of 2002.--Section 1805(d)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 575(d)(2)) is
amended by striking ``Assistant Secretary for Communications
and Information of the Department of Commerce'' and inserting
``Under Secretary of Commerce for Communications and
Information''.
(4) Agriculture improvement act of 2018.--Section 6212 of
the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) is
amended--
(A) in subsection (d)(1), in the heading, by
striking ``Assistant secretary'' and inserting ``Under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(5) Title 17, united states code.--Section 1201(a)(1)(C) of
title 17, United States Code, is amended by striking
``Assistant Secretary for Communications and Information of the
Department of Commerce'' and inserting ``Under Secretary of
Commerce for Communications and Information''.
(6) Unlocking consumer choice and wireless competition
act.--Section 2(b) of the Unlocking Consumer Choice and
Wireless Competition Act (17 U.S.C. 1201 note; Public Law 113-
144) is amended by striking ``Assistant Secretary for
Communications and Information of the Department of Commerce''
and inserting ``Under Secretary of Commerce for Communications
and Information''.
(7) Communications satellite act of 1962.--Section
625(a)(1) of the Communications Satellite Act of 1962 (47
U.S.C. 763d(a)(1)) is amended, in the matter preceding
subparagraph (A), by striking ``Assistant Secretary'' and
inserting ``Under Secretary of Commerce''.
(8) Spectrum pipeline act of 2015.--The Spectrum Pipeline
Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114-74)
is amended--
(A) in section 1002(1), in the heading, by striking
``Assistant secretary'' and inserting ``Under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(9) Warning, alert, and response network act.--Section 606
of the Warning, Alert, and Response Network Act (47 U.S.C.
1205) is amended--
(A) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''; and
(B) in subsection (b), in the first sentence, by
striking ``for7Communications'' and inserting ``for
Communications''.
(10) American recovery and reinvestment act of 2009.--
Section 6001 of the American Recovery and Reinvestment Act of
2009 (47 U.S.C. 1305) is amended by striking ``Assistant
Secretary'' each place the term appears and inserting ``Under
Secretary''.
(11) Middle class tax relief and job creation act of
2012.--Title VI of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401 et seq.) is amended--
(A) in section 6001 (47 U.S.C. 1401)--
(i) by striking paragraph (4);
(ii) by redesignating paragraphs (5)
through (32) as paragraphs (4) through (31),
respectively; and
(iii) by inserting after paragraph (31), as
so redesignated, the following:
``(32) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Communications and
Information.''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(12) Ray baum's act of 2018.--The RAY BAUM'S Act of 2018
(division P of Public Law 115-141; 132 Stat. 348) is amended by
striking ``Assistant Secretary'' each place the term appears
and inserting ``Under Secretary''.
(13) Secure and trusted communications networks act of
2019.--Section 8 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1607) is amended--
(A) in subsection (c)(1), in the heading, by
striking ``Assistant secretary'' and inserting ``Under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(14) Title 51, united states code.--Section 50112(3) of
title 51, United States Code, is amended, in the matter
preceding subparagraph (A), by striking ``Assistant Secretary''
each place the term appears and inserting ``Under Secretary''.
(15) Consolidated appropriations act, 2021.--The
Consolidated Appropriations Act, 2021 (Public Law 116-260) is
amended--
(A) in title IX of division N--
(i) in section 902(a)(2), in the heading,
by striking ``Assistant secretary'' and
inserting ``Under secretary'';
(ii) in section 905--
(I) in subsection (a)(1), in the
heading, by striking ``Assistant
secretary'' and inserting ``Under
secretary'';
(II) in subsection (c)(3)(B), in
the heading, by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(III) in subsection (d)(2)(B), in
the heading, by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(iii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''; and
(B) in title IX of division FF--
(i) in section 903(g)(2), in the heading,
by striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(ii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''.
(16) Infrastructure investment and jobs act.--The
Infrastructure Investment and Jobs Act (Public Law 117-58) is
amended--
(A) in section 27003, by striking ``Assistant
Secretary'' each place the term appears and inserting
``Under Secretary'';
(B) in division F--
(i) in section 60102--
(I) in subsection (a)(2)(A), by
striking ``Assistant secretary'' and
inserting ``Under secretary'';
(II) in subsection (d)(1), by
striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(III) in subsection (h)--
(aa) in paragraph (1)(B),
by striking ``assistant
secretary'' and inserting
``under secretary''; and
(bb) in paragraph
(5)(B)(iii), by striking
``assistant secretary'' and
inserting ``under secretary'';
(ii) in title III--
(I) in section 60302(5), by
striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(II) in section 60305(d)(2)(B)(ii),
by striking ``assistant secretary'' and
inserting ``under secretary'';
(iii) in section 60401(a)(2), by striking
``Assistant secretary'' and inserting ``Under
secretary''; and
(iv) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''; and
(C) in division J, in title I, in the matter under
the heading ``distance learning, telemedicine, and
broadband program'' under the heading ``Rural Utilities
Service'' under the heading ``RURAL DEVELOPMENT
PROGRAMS'', by striking ``Assistant Secretary'' and
inserting ``Under Secretary''.
SEC. 1912. NTIA CONSOLIDATED REPORTING ACT.
(a) Elimination of Certain Outdated or Completed Reporting
Requirements.--
(1) BTOP quarterly report.--Section 6001(d) of the American
Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(d)) is
amended--
(A) in paragraph (2), by striking the semicolon at
the end and inserting ``; and'';
(B) in paragraph (3), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (4).
(2) Certain reports required by national telecommunications
and information administration organization act.--Sections 154,
155, and 156 of the National Telecommunications and Information
Administration Organization Act are repealed.
(3) Initial report required by section 9202(a)(1)(G) of the
ndaa for fiscal year 2021.--Section 9202(a)(1)(G) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (47 U.S.C. 906(a)(1)(G)) is amended--
(A) in clause (ii), by redesignating subclauses
(I), (II), and (III) as clauses (i), (ii), and (iii),
respectively, and conforming the margins of such
clauses accordingly; and
(B) by striking ``Reports to congress'' and all
that follows through ``For each fiscal year'' and
inserting ``Annual report to congress.--For each fiscal
year''.
(4) Report to president.--Section 105(a) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 904(a)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(5) Effect on authority.--Nothing in this subsection or the
amendments made by this subsection may be construed to expand
or contract the authority of the Secretary, the Under
Secretary, the NTIA, or the Commission.
(6) Other reports.--Nothing in this subsection or the
amendments made by this subsection may be construed to prohibit
or otherwise prevent the Secretary, the Under Secretary, the
NTIA, or the Commission from producing any additional reports
otherwise within the authority of the Secretary, the Under
Secretary, the NTIA, or the Commission, respectively.
(b) Consolidated Annual Report.--
(1) In general.--In the first quarter of each calendar
year, the Under Secretary shall publish on the website of the
NTIA and submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
contains the reports described in paragraph (2) for the fiscal
year ending most recently before the beginning of such quarter.
(2) Reports described.--The reports described in this
paragraph are the following:
(A) The report required by section 903(c)(2)(C) of
division FF of the Consolidated Appropriations Act,
2021 (47 U.S.C. 1307(c)(2)(C)).
(B) If amounts in the Public Wireless Supply Chain
Innovation Fund established by section 9202(a)(1)(A)(i)
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (47 U.S.C.
906(a)(1)(A)(i)) were available for the fiscal year
described in paragraph (1) of this subsection, the
report required by section 9202(a)(1)(G) of such Act
(47 U.S.C. 906(a)(1)(G)).
(C) If the Under Secretary awarded grants under
section 60304(d)(1) of the Infrastructure Investment
and Jobs Act (47 U.S.C. 1723(d)(1)) in the fiscal year
described in paragraph (1) of this subsection, the
report required by section 60306(a)(1)(A) of such Act
(47 U.S.C. 1725(a)(1)(A)).
(3) Timing of underlying reporting requirements.--
(A) Report of office of internet connectivity and
growth.--Section 903(c)(2)(C) of division FF of the
Consolidated Appropriations Act, 2021 (47 U.S.C.
1307(c)(2)(C)) is amended--
(i) in the matter preceding clause (i)--
(I) by striking ``Not later than 1
year after the date of the enactment of
this Act, and every year thereafter,''
and inserting ``In the first quarter of
each calendar year,''; and
(II) by inserting ``, for the
fiscal year ending most recently before
the beginning of such quarter,'' after
``a report''; and
(ii) in clause (i), by striking ``for the
previous year''.
(B) Report on digital equity grant programs.--
Section 60306(a)(1) of the Infrastructure Investment
and Jobs Act (47 U.S.C. 1725(a)(1)) is amended--
(i) in the matter preceding subparagraph
(A), by striking ``Not later than 1 year'' and
all that follows through ``shall--'' and
inserting the following: ``For the first fiscal
year in which the Under Secretary awards grants
under section 60304(d)(1), and each fiscal year
thereafter in which the Under Secretary awards
grants under such section, the Under Secretary
shall--''; and
(ii) in subparagraph (A)--
(I) by inserting ``in the first
quarter of the first calendar year that
begins after the end of such fiscal
year,'' before ``submit''; and
(II) by striking ``, for the year
covered by the report''.
(4) Satisfaction of underlying reporting requirements.--
(A) In general.--Except as provided in subparagraph
(B), the publication and submission of a report as
required by paragraph (1) in the first quarter of a
calendar year shall be treated as satisfying any
requirement to publish or otherwise make publicly
available or to submit to Congress or to a committee of
Congress a report described in paragraph (2) for the
fiscal year ending most recently before the beginning
of such quarter.
(B) Certain submission requirements.--At the time
when the Under Secretary submits a report required by
paragraph (1) to the committees described in such
paragraph, the Under Secretary shall submit any portion
of such report that relates to a report described in
paragraph (2)(C) to each committee of Congress not
described in paragraph (1) to which such report would
(without regard to subparagraph (A) of this paragraph)
be required to be submitted.
(5) Applicability.--Paragraph (1), and the amendments made
by paragraph (3), shall apply beginning on January 1 of the
first calendar year that begins after the date of the enactment
of this Act.
(c) Extension of Certain Audit and Reporting Requirements.--Section
902(c)(4)(A) of division N of the Consolidated Appropriations Act, 2021
(47 U.S.C. 1306(c)(4)(A)) is amended by striking ``fiscal years 2021
and 2022'' and inserting ``fiscal years 2021, 2022, 2023, and 2024''.
(d) Definition.--In this section, the term ``Secretary'' means the
Secretary of Commerce.
Subtitle B--Office of Spectrum Management
SEC. 1921. OFFICE OF SPECTRUM MANAGEMENT.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following:
``SEC. 106. OFFICE OF SPECTRUM MANAGEMENT.
``(a) Establishment.--There is established within the NTIA an
Office of Spectrum Management (in this section referred to as the
`Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be an
Associate Administrator for Spectrum Management (in this
section referred to as the `Associate Administrator').
``(2) Requirement to report.--The Associate Administrator
shall report to the Under Secretary (or a designee of the Under
Secretary).
``(c) Duties.--The Associate Administrator shall, at the direction
of the Under Secretary--
``(1) carry out responsibilities under section 103(b)(2)(A)
(relating to frequency assignments for radio stations belonging
to and operated by the United States), make frequency
allocations for frequencies that will be used by such stations,
and develop and maintain techniques, databases, measurements,
files, and procedures necessary for such allocations;
``(2) carry out responsibilities under section 103(b)(2)(K)
(relating to establishing policies concerning spectrum
assignments and use by radio stations belonging to and operated
by the United States) and provide Federal agencies with
guidance to ensure that the conduct of telecommunications
activities by such agencies is consistent with such policies;
``(3) represent the interests of Federal agencies in the
process through which the Commission and the NTIA jointly
determine the National Table of Frequency Allocations, and
coordinate with the Commission in the development of a
comprehensive long-range plan for improved management of all
electromagnetic spectrum resources;
``(4) appoint the chairpersons of and provide secretariat
functions for the Interdepartmental Radio Advisory Committee
and the Interagency Spectrum Advisory Council;
``(5) carry out responsibilities under section 103(b)(2)(B)
(relating to authorizing a foreign government to construct and
operate a radio station at the seat of Government of the United
States) and assign frequencies for use by such stations;
``(6) provide advice and assistance to the Under Secretary
and coordinate with the Associate Administrator for
International Affairs in carrying out spectrum management
aspects of the international policy responsibilities of the
NTIA, including spectrum-related responsibilities under section
103(b)(2)(G);
``(7) carry out spectrum-related responsibilities under
section 103(b)(2)(H) (relating to coordination of the
telecommunications activities of the executive branch and
assistance in the formulation of policies and standards for
such activities);
``(8) carry out spectrum-related responsibilities under
section 103(b)(2)(Q) (relating to certain activities with
respect to telecommunications resources); and
``(9) carry out any other duties of the NTIA with respect
to spectrum policy that the Under Secretary may designate.''.
Subtitle C--Office of International Affairs
SEC. 1931. OFFICE OF INTERNATIONAL AFFAIRS.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this title, is further amended by adding at
the end the following:
``SEC. 107. OFFICE OF INTERNATIONAL AFFAIRS.
``(a) Establishment.--There is established within the NTIA an
Office of International Affairs (in this section referred to as the
`Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be an
Associate Administrator for International Affairs (in this
section referred to as the `Associate Administrator').
``(2) Requirement to report.--The Associate Administrator
shall report to the Under Secretary (or a designee of the Under
Secretary).
``(c) Duties.--The Associate Administrator shall, at the direction
of the Under Secretary--
``(1) in coordination with the Secretary of State, conduct
analysis of, review, and formulate international
telecommunications and information policy;
``(2) present on international telecommunications and
information policy--
``(A) before the Commission, Congress, and others;
and
``(B) in coordination with the Secretary of State,
before international telecommunications bodies,
including the International Telecommunication Union;
``(3) conduct or obtain analysis on economic and other
aspects of international telecommunications and information
policy;
``(4) formulate, and recommend to the Under Secretary,
polices and plans with respect to preparation for and
participation in international telecommunications and
information policy activities;
``(5) in coordination with the Secretary of State,
coordinate NTIA and interdepartmental economic, technical,
operational, and other preparations related to participation by
the United States in international telecommunications and
information policy conferences and negotiations;
``(6) ensure NTIA representation with respect to
international telecommunications and information policy
meetings and the activities related to preparation for such
meetings;
``(7) in coordination with the Secretary of State,
coordinate with Federal agencies and private organizations
engaged in activities involving international
telecommunications and information policy matters and maintain
cognizance of the activities of United States signatories with
respect to related treaties, agreements, and other instruments;
``(8) provide advice and assistance related to
international telecommunications and information policy to
other Federal agencies charged with responsibility for
international negotiations, to strengthen the position and
serve the best interests of the United States in the conduct of
negotiations with foreign nations;
``(9) provide advice and assistance to the Under Secretary
with respect to evaluating the international impact of matters
pending before the Commission, other Federal agencies, and
Congress;
``(10) carry out, at the request of the Secretary, the
responsibilities of the Secretary under the Communications
Satellite Act of 1962 (47 U.S.C. 701 et seq.) and other Federal
laws related to international telecommunications and
information policy; and
``(11) carry out any other duties of the NTIA with respect
to international telecommunications and information policy that
the Under Secretary may designate.''.
DIVISION E--HEALTH
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Health
Improvements, Extenders, and Reauthorizations Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--MEDICAID
Sec. 101. Streamlined enrollment process for eligible out-of-state
providers under Medicaid and CHIP.
Sec. 102. Making certain adjustments to coverage of home or community-
based services under Medicaid.
Sec. 103. Removing certain age restrictions on Medicaid eligibility for
working adults with disabilities.
Sec. 104. Medicaid State plan requirement for determining residency and
coverage for military families.
Sec. 105. Ensuring the reliability of address information provided
under the Medicaid program.
Sec. 106. Codifying certain Medicaid provider screening requirements
related to deceased providers.
Sec. 107. Modifying certain State requirements for ensuring deceased
individuals do not remain enrolled.
Sec. 108. One-year delay of Medicaid and CHIP requirements for health
screenings, referrals, and case management
services for eligible juveniles in public
institutions; State interim work plans.
Sec. 109. State studies and HHS report on costs of providing maternity,
labor, and delivery services.
Sec. 110. Modifying certain disproportionate share hospital allotments.
Sec. 111. Modifying certain limitations on disproportionate share
hospital payment adjustments under the
Medicaid program.
Sec. 112. Ensuring accurate payments to pharmacies under Medicaid.
Sec. 113. Preventing the use of abusive spread pricing in Medicaid.
TITLE II--MEDICARE
Sec. 201. Extension of increased inpatient hospital payment adjustment
for certain low-volume hospitals.
Sec. 202. Extension of the Medicare-dependent hospital (MDH) program.
Sec. 203. Extension of add-on payments for ambulance services.
Sec. 204. Extending incentive payments for participation in eligible
alternative payment models.
Sec. 205. Temporary payment increase under the Medicare physician fee
schedule to account for exceptional
circumstances.
Sec. 206. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 207. Extension of funding outreach and assistance for low-income
programs.
Sec. 208. Extension of the work geographic index floor.
Sec. 209. Extension of certain telehealth flexibilities.
Sec. 210. Requiring modifier for use of telehealth to conduct face-to-
face encounter prior to recertification of
eligibility for hospice care.
Sec. 211. Extending acute hospital care at home waiver flexibilities.
Sec. 212. Enhancing certain program integrity requirements for DME
under Medicare.
Sec. 213. Guidance on furnishing services via telehealth to individuals
with limited English proficiency.
Sec. 214. In-home cardiopulmonary rehabilitation flexibilities.
Sec. 215. Inclusion of virtual diabetes prevention program suppliers in
MDPP Expanded Model.
Sec. 216. Medication-induced movement disorder outreach and education.
Sec. 217. Report on wearable medical devices.
Sec. 218. Extension of temporary inclusion of authorized oral antiviral
drugs as covered part D drugs.
Sec. 219. Extension of adjustment to calculation of hospice cap amount.
Sec. 220. Multiyear contracting authority for MedPAC and MACPAC.
Sec. 221. Contracting parity for MedPAC and MACPAC.
Sec. 222. Adjustments to Medicare part D cost-sharing reductions for
low-income individuals.
Sec. 223. Requiring Enhanced and Accurate Lists of (REAL) Health
Providers Act.
Sec. 224. Medicare coverage of multi-cancer early detection screening
tests.
Sec. 225. Medicare coverage of external infusion pumps and non-self-
administrable home infusion drugs.
Sec. 226. Assuring pharmacy access and choice for Medicare
beneficiaries.
Sec. 227. Modernizing and Ensuring PBM Accountability.
Sec. 228. Requiring a separate identification number and an attestation
for each off-campus outpatient department
of a provider.
Sec. 229. Medicare sequestration.
Sec. 230. Medicare improvement fund.
TITLE III--HUMAN SERVICES
Subtitle A--Reauthorize Child Welfare Services and Strengthen State and
Tribal Child Support Program
Sec. 301. Short title.
Part 1--Child Welfare Reauthorization and Modernization
Sec. 311. Short title; references.
Sec. 312. Reauthorization of child welfare programs.
Sec. 313. Enhancements to the court improvement program.
Sec. 314. Expanding regional partnership grants to address parental
substance use disorder as cause of child
removal.
Sec. 315. Modernization; reducing administrative burden.
Sec. 316. Streamlining funding for Indian tribes.
Sec. 317. Accelerating access to Family First prevention services.
Sec. 318. Strengthening support for youth aging out of foster care.
Sec. 319. Recognizing the importance of relative and kinship
caregivers.
Sec. 320. Avoiding neglect by addressing poverty.
Sec. 321. Strengthening support for caseworkers.
Sec. 322. Demonstration projects for improving relationships between
incarcerated parents and children in foster
care.
Sec. 323. Guidance to States on improving data collection and reporting
for youth in residential treatment
programs.
Sec. 324. Streamlining research, training, and technical assistance
funding.
Sec. 325. Report on post adoption and subsidized guardianship services.
Sec. 326. Effective date.
Part 2--Strengthening State and Tribal Child Support
Sec. 331. Short title.
Sec. 332. Improving the effectiveness of tribal child support
enforcement agencies.
Subtitle B--Other Matters
Sec. 341. Sexual risk avoidance education extension.
Sec. 342. Personal responsibility education extension.
Sec. 343. Extension of funding for family-to-family health information
centers.
TITLE IV--PUBLIC HEALTH EXTENDERS
Subtitle A--Extensions
Sec. 401. Extension for community health centers, National Health
Service Corps, and teaching health centers
that operate GME programs.
Sec. 402. Extension of special diabetes programs.
Subtitle B--World Trade Center Health Program
Sec. 411. 9/11 responder and survivor health funding corrections.
TITLE V--SUPPORT ACT REAUTHORIZATION
Sec. 501. Short title.
Subtitle A--Prevention
Sec. 511. Prenatal and postnatal health.
Sec. 512. Monitoring and education regarding infections associated with
illicit drug use and other risk factors.
Sec. 513. Preventing overdoses of controlled substances.
Sec. 514. Support for individuals and families impacted by fetal
alcohol spectrum disorder.
Sec. 515. Promoting state choice in PDMP systems.
Sec. 516. First responder training program.
Sec. 517. Donald J. Cohen National Child Traumatic Stress Initiative.
Sec. 518. Protecting suicide prevention lifeline from cybersecurity
incidents.
Sec. 519. Bruce's law.
Sec. 520. Guidance on at-home drug disposal systems.
Sec. 521. Assessment of opioid drugs and actions.
Sec. 522. Grant program for State and Tribal response to opioid use
disorders.
Subtitle B--Treatment
Sec. 531. Residential treatment program for pregnant and postpartum
women.
Sec. 532. Improving access to addiction medicine providers.
Sec. 533. Mental and behavioral health education and training grants.
Sec. 534. Loan repayment program for substance use disorder treatment
workforce.
Sec. 535. Development and dissemination of model training programs for
substance use disorder patient records.
Sec. 536. Task force on best practices for trauma-informed
identification, referral, and support.
Sec. 537. Grants to enhance access to substance use disorder treatment.
Sec. 538. State guidance related to individuals with serious mental
illness and children with serious emotional
disturbance.
Sec. 539. Reviewing the scheduling of approved products containing a
combination of buprenorphine and naloxone.
Subtitle C--Recovery
Sec. 541. Building communities of recovery.
Sec. 542. Peer support technical assistance center.
Sec. 543. Comprehensive opioid recovery centers.
Sec. 544. Youth prevention and recovery.
Sec. 545. CAREER Act.
Sec. 546. Addressing economic and workforce impacts of the opioid
crisis.
Subtitle D--Miscellaneous Matters
Sec. 551. Delivery of a controlled substance by a pharmacy to a
prescribing practitioner.
Sec. 552. Technical correction on controlled substances dispensing.
Sec. 553. Required training for prescribers of controlled substances.
Sec. 554. Extension of temporary order for fentanyl-related substances.
TITLE VI--PANDEMIC AND ALL-HAZARDS PREPAREDNESS AND RESPONSE
Sec. 601. Short title.
Subtitle A--State and Local Readiness and Response
Sec. 611. Temporary reassignment of State and local personnel during a
public health emergency.
Sec. 612. Public Health Emergency Preparedness program.
Sec. 613. Hospital Preparedness Program.
Sec. 614. Facilities and capacities of the Centers for Disease Control
and Prevention to combat public health
security threats.
Sec. 615. Pilot program to support State medical stockpiles.
Sec. 616. Enhancing domestic wastewater surveillance for pathogen
detection.
Sec. 617. Reauthorization of Mosquito Abatement for Safety and Health
program.
Subtitle B--Federal Planning and Coordination
Sec. 621. All-Hazards Emergency Preparedness and Response.
Sec. 622. National Health Security Strategy.
Sec. 623. Improving development and distribution of diagnostic tests.
Sec. 624. Combating antimicrobial resistance.
Sec. 625. Strategic National Stockpile and material threats.
Sec. 626. Medical countermeasures for viral threats with pandemic
potential.
Sec. 627. Public Health Emergency Medical Countermeasures Enterprise.
Sec. 628. Fellowship and training programs.
Sec. 629. Regional biocontainment research laboratories.
Sec. 629A. Limitation related to countries of concern conducting
certain research.
Subtitle C--Addressing the Needs of All Individuals
Sec. 631. Improving access to certain programs.
Sec. 632. Supporting at-risk individuals during emergency responses.
Sec. 633. National advisory committees.
Sec. 634. National Academies study on prizes.
Subtitle D--Additional Reauthorizations
Sec. 641. Medical countermeasure priority review voucher.
Sec. 642. Epidemic Intelligence Service.
Sec. 643. Monitoring and distribution of certain medical
countermeasures.
Sec. 644. Regional health care emergency preparedness and response
systems.
Sec. 645. Emergency system for advance registration of volunteer health
professionals.
Sec. 646. Ensuring collaboration and coordination in medical
countermeasure development.
Sec. 647. Military and civilian partnership for trauma readiness.
Sec. 648. National Disaster Medical System.
Sec. 649. Volunteer Medical Reserve Corps.
Sec. 649A. Epidemiology-laboratory capacity.
TITLE VII--PUBLIC HEALTH PROGRAMS
Sec. 701. Action for dental health.
Sec. 702. PREEMIE.
Sec. 703. Preventing maternal deaths.
Sec. 704. Sickle cell disease prevention and treatment.
Sec. 705. Traumatic brain injuries.
Sec. 706. Lifespan respite care.
Sec. 707. Dr. Lorna Breen health care provider protection.
Sec. 708. Gabriella Miller kids first research.
Sec. 709. SCREENS for Cancer.
Sec. 710. DeOndra Dixon INCLUDE Project.
Sec. 711. IMPROVE Initiative.
Sec. 712. Organ Procurement and Transplantation Network.
Sec. 713. Honor Our Living Donors.
Sec. 714. Program for pediatric studies of drugs.
TITLE VIII--FOOD AND DRUG ADMINISTRATION
Subtitle A--Give Kids a Chance
Sec. 801. Research into pediatric uses of drugs; additional authorities
of Food and Drug Administration regarding
molecularly targeted cancer drugs.
Sec. 802. Ensuring completion of pediatric study requirements.
Sec. 803. FDA report on PREA enforcement.
Sec. 804. Extension of authority to issue priority review vouchers to
encourage treatments for rare pediatric
diseases.
Sec. 805. Limitations on exclusive approval or licensure of orphan
drugs.
Subtitle B--United States-Abraham Accords Cooperation and Security
Sec. 811. Establishment of Abraham Accords Office within Food and Drug
Administration.
TITLE IX--LOWERING PRESCRIPTION DRUG COSTS
Sec. 901. Oversight of pharmacy benefit management services.
Sec. 902. Full rebate pass through to plan; exception for innocent plan
fiduciaries.
Sec. 903. Increasing transparency in generic drug applications.
Sec. 904. Title 35 amendments.
TITLE X--MISCELLANEOUS
Sec. 1001. Two-year extension of safe harbor for absence of deductible
for telehealth.
Sec. 1002. Eligibility for FEHBP enrollment for Members of Congress.
TITLE I--MEDICAID
SEC. 101. STREAMLINED ENROLLMENT PROCESS FOR ELIGIBLE OUT-OF-STATE
PROVIDERS UNDER MEDICAID AND CHIP.
(a) In General.--Section 1902(kk) of the Social Security Act (42
U.S.C. 1396a(kk)) is amended by adding at the end the following new
paragraph:
``(10) Streamlined enrollment process for eligible out-of-
state providers.--
``(A) In general.--The State--
``(i) adopts and implements a process to
allow an eligible out-of-State provider to
enroll under the State plan (or a waiver of
such plan) to furnish items and services to, or
order, prescribe, refer, or certify eligibility
for items and services for, qualifying
individuals without the imposition of screening
or enrollment requirements by such State that
exceed the minimum necessary for such State to
provide payment to an eligible out-of-State
provider under such State plan (or a waiver of
such plan), such as the provider's name and
National Provider Identifier (and such other
information specified by the Secretary); and
``(ii) provides that an eligible out-of-
State provider that enrolls as a participating
provider in the State plan (or a waiver of such
plan) through such process shall be so enrolled
for a 5-year period, unless the provider is
terminated or excluded from participation
during such period.
``(B) Definitions.--In this paragraph:
``(i) Eligible out-of-state provider.--The
term `eligible out-of-State provider' means,
with respect to a State, a provider--
``(I) that is located in any other
State;
``(II) that--
``(aa) was determined by
the Secretary to have a limited
risk of fraud, waste, and abuse
for purposes of determining the
level of screening to be
conducted under section
1866(j)(2), has been so
screened under such section
1866(j)(2), and is enrolled in
the Medicare program under
title XVIII; or
``(bb) was determined by
the State agency administering
or supervising the
administration of the State
plan (or a waiver of such plan)
of such other State to have a
limited risk of fraud, waste,
and abuse for purposes of
determining the level of
screening to be conducted under
paragraph (1) of this
subsection, has been so
screened under such paragraph
(1), and is enrolled under such
State plan (or a waiver of such
plan); and
``(III) that has not been--
``(aa) excluded from
participation in any Federal
health care program pursuant to
section 1128 or 1128A;
``(bb) excluded from
participation in the State plan
(or a waiver of such plan)
pursuant to part 1002 of title
42, Code of Federal Regulations
(or any successor regulation),
or State law; or
``(cc) terminated from
participating in a Federal
health care program or the
State plan (or a waiver of such
plan) for a reason described in
paragraph (8)(A).
``(ii) Qualifying individual.--The term
`qualifying individual' means an individual
under 21 years of age who is enrolled under the
State plan (or waiver of such plan).
``(iii) State.--The term `State' means 1 of
the 50 States or the District of Columbia.''.
(b) Conforming Amendments.--
(1) Section 1902(a)(77) of the Social Security Act (42
U.S.C. 1396a(a)(77)) is amended by inserting ``enrollment,''
after ``screening,''.
(2) The subsection heading for section 1902(kk) of such Act
(42 U.S.C. 1396a(kk)) is amended by inserting ``enrollment,''
after ``screening,''.
(3) Section 2107(e)(1)(G) of such Act (42 U.S.C.
1397gg(e)(1)(G)) is amended by inserting ``enrollment,'' after
``screening,''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 3 years after the date of enactment of this
Act.
SEC. 102. MAKING CERTAIN ADJUSTMENTS TO COVERAGE OF HOME OR COMMUNITY-
BASED SERVICES UNDER MEDICAID.
(a) Increasing Transparency of HCBS Coverage Under Medicaid.--
(1) In general.--Section 1915(c) of the Social Security Act
(42 U.S.C. 1396n(c)) is amended--
(A) in paragraph (2)--
(i) in subparagraph (E)--
(I) by inserting ``, not less
frequently than'' before ``annually'';
and
(II) by inserting ``(including,
with respect to such information
provided on or after July 9, 2027, the
information specified in paragraph
(11))'' before the period at the end;
and
(ii) by adding at the end the following
flush sentence:
``The Secretary shall make all information provided under
subparagraph (E) on or after the date of the enactment of this
sentence publicly available on the website of the Centers for
Medicare & Medicaid Services.''; and
(B) by adding at the end the following new
paragraph:
``(11) For purposes of paragraph (2)(E), the information
specified in this paragraph is the following:
``(A) In the case of a State that limits the number
of individuals who may be provided home or community-
based services under a waiver granted under this
subsection and maintains a list of individuals waiting
to enroll in such waiver, a description of how the
State maintains such list, including--
``(i) information on whether the State
screens individuals on such list to determine
whether such individuals are eligible to
receive such services under such waiver;
``(ii) information on whether (and, if
applicable, how often) the State periodically
re-screens individuals on such list for
eligibility;
``(iii) the number of people on such list
of individuals waiting to enroll in such
waiver; and
``(iv) the average amount of time that
individuals newly enrolled in such waiver
within the past 12 months were on such list of
individuals waiting to enroll in such waiver.
``(B) With respect to homemaker services, home
health aide services, personal care services, and
habilitation services furnished under waivers under
this subsection, by each such service type--
``(i) for individuals newly receiving such
services within the past 12 months, the average
amount of time (which may be determined using
statistically valid random sampling of such
individuals) from when such services are
initially approved for such an individual to
when such individual begins receiving such
services; and
``(ii) the percentage of authorized hours
(which may be determined using statistically
valid random sampling of individuals authorized
to receive such services) that are provided
within the past 12 months.''.
(2) Conforming amendments.--Section 1915 of the Social
Security Act (42 U.S.C. 1396n) is amended--
(A) in subsection (i) by adding at the end the
following new paragraph:
``(8) Reporting requirement.--With respect to homemaker
services, home health aide services, personal care services,
and habilitation services provided under this subsection on or
after July 9, 2027, the State, not less frequently than
annually, shall provide to the Secretary the same information
regarding such services as the State is required to provide
under subsection (c)(11)(B).'';
(B) in subsection (j)(2)(E), by inserting after the
second sentence the following: ``With respect to any
homemaker services, home health aide services, personal
care services, and habilitation services provided under
this subsection on or after July 9, 2027, the State,
not less frequently than annually, shall provide to the
Secretary the same information regarding such services
as the State is required to provide under subsection
(c)(11)(B).''; and
(C) in subsection (k)(3)(E)--
(i) by striking ``and'' after ``the cost of
such services and supports,''; and
(ii) by inserting before the period, the
following: ``, and with respect to homemaker
services, home health aide services, personal
care services, and habilitation services
provided under this subsection on or after July
9, 2027, not less frequently than annually, the
same information regarding such services as the
State is required to provide under subsection
(c)(11)(B)''.
(b) Demonstration Program to Expand HCBS Coverage Under Section
1915(c) Waivers.--Section 1915(c) of the Social Security Act (42 U.S.C.
1396n(c)), as amended by subsection (a), is further amended--
(1) in paragraph (2)(E), by inserting ``, and the
information specified in paragraph (12)(C)(v), when
applicable'' after ``paragraph (11)''; and
(2) by adding at the end the following new paragraph:
``(12) Demonstration program to expand coverage for home or
community-based services.--
``(A) In general.--
``(i) Approval.--Not later than 24 months
after the date on which the planning grants
under subparagraph (B) are awarded,
notwithstanding paragraph (1), the Secretary
may approve a waiver that is standalone from
any other waiver approved under this subsection
for not more than 5 States, selected in
accordance with clause (ii), to include as
medical assistance under the State plan of such
State, for the 3-year period beginning on the
date of such approval, payment for part or all
of the cost of home or community-based services
(other than room and board (as described in
paragraph (1))) approved by the Secretary which
are provided pursuant to a written plan of care
to individuals described in subparagraph
(C)(iii).
``(ii) Selection criteria.--In selecting
States for purposes of clause (i), the
Secretary shall--
``(I) only select States that
received a planning grant under
subparagraph (B);
``(II) only select States that meet
the requirements specified in
subparagraph (C) and such other
requirements as the Secretary may
determine appropriate;
``(III) select States in a manner
that ensures geographic diversity;
``(IV) give preference to States
with a higher percentage (relative to
other States that apply to be selected
for purposes of clause (i)) of the
total State population residing in
rural areas (as determined by the
Secretary);
``(V) give preference to States
that have demonstrated more progress in
rebalancing long-term services and
supports systems under this title, as
determined based on the relative share
of individuals who use home or
community-based services (as defined by
the Secretary) under this title as a
percentage of total individuals who use
long-term services and supports (as
defined by the Secretary) under this
title (in the most recent year for
which such data is available); and
``(VI) give preference to States
that pursue a waiver under this
paragraph that incorporates the
provision of mental health services for
adults with serious mental illness,
children with serious emotional
disturbances, or individuals with
substance use disorder.
``(B) Planning grants.--
``(i) In general.--
``(I) Approval.--Not later than 18
months after the date of the enactment
of this paragraph, the Secretary shall
award planning grants of not more than
$5,000,000 each to not more than 10
States for purposes of preparing to
submit a request for a waiver under
this subsection (including for costs to
implement the waiver or other
activities to expand the provision of
home or community-based services under
this section) to provide home or
community-based services to individuals
described in subparagraph (C)(iii).
``(II) Selection criteria.--In
awarding planning grants under
subclause (I), the Secretary shall use
the selection criteria specified in
subclauses (III) through (VI) of
subparagraph (A)(ii).
``(ii) Consultation.--A State that is
awarded a planning grant under clause (i)
shall, in preparing to submit a request for a
waiver described in such clause, consult with--
``(I) individuals in need of (and
not receiving) home or community-based
services, individuals receiving home or
community-based services, and the
caregivers of such individuals;
``(II) providers furnishing home or
community-based services; and
``(III) such other stakeholders, as
the Secretary may specify.
``(C) State requirements.--In addition to the
requirements specified under this subsection (except
for the requirements described in subparagraphs (C) and
(D) of paragraph (2) and any other requirement the
Secretary determines to be inapplicable in the context
of a waiver relation to individuals who do not require
the level of care described in paragraph (1)), the
requirements specified in this paragraph are, with
respect to a State, the following:
``(i) As of the date that such State
requests a waiver under this subsection to
provide home or community-based services to
individuals described in clause (iii), all
other waivers (if any) granted under this
subsection to such State meet the requirements
of this subsection.
``(ii) The State demonstrates to the
Secretary that approval of a waiver under this
subsection with respect to individuals
described in clause (iii) will not result in a
material increase of the average amount of time
that individuals with respect to whom a
determination described in paragraph (1) has
been made will need to wait to receive home or
community-based services under any waiver
granted under this subsection, as determined by
the Secretary.
``(iii) The State establishes needs-based
criteria, subject to the approval of the
Secretary, to identify individuals for whom a
determination described in paragraph (1) is not
applicable, who will be eligible for home or
community-based services under a waiver
approved under this paragraph, and specifies
the home or community-based services such
individuals so eligible will receive.
``(iv) The State established needs-based
criteria for determining whether an individual
described in clause (iii) requires the level of
care provided in a hospital, nursing facility,
or an intermediate care facility for
individuals with developmental disabilities
under the State plan or under any waiver of
such plan that are more stringent than the
needs-based criteria established under clause
(iii) for determining eligibility for home or
community-based services.
``(v) The State attests that the State's
average per capita expenditure for medical
assistance under the State plan (or waiver of
such plan) provided with respect to such
individuals enrolled in a waiver under this
paragraph will not exceed the State's average
per capita expenditures for medical assistance
for individuals receiving institutional care
under the State plan (or waiver of such plan)
for the duration that the waiver under this
paragraph is in effect.
``(vi) The State provides to the Secretary
data (in such form and manner as the Secretary
may specify) regarding the number of
individuals described in clause (i) with
respect to a State seeking approval of a waiver
under this subsection, to whom the State will
make such services available under such waiver.
``(vii) The State agrees to provide to the
Secretary, not less frequently than annually,
data for purposes of paragraph (2)(E) (in such
form and manner as the Secretary may specify)
regarding, with respect to each preceding year
in which a waiver under this subsection to
provide home and community-based services to
individuals described in clause (iii) was in
effect--
``(I) the cost (as such term is
defined by the Secretary) of such
services furnished to individuals
described in clause (iii), broken down
by type of service;
``(II) with respect to each type of
home and community-based service
provided under the waiver, the length
of time that such individuals have
received such service;
``(III) a comparison between the
data described in subclause (I) and any
comparable data available with respect
to individuals with respect to whom a
determination described in paragraph
(1) has been made and with respect to
individuals receiving institutional
care under this title; and
``(IV) the number of individuals
who have received home and community-
based services under the waiver during
the preceding year.''.
(c) Non-application of the Paperwork Reduction Act.--Chapter 35 of
title 44, United States Code (commonly referred to as the ``Paperwork
Reduction Act of 1995''), shall not apply to the implementation of the
amendments made by subsections (a) and (b).
(d) CMS Guidance to States on Interim Coverage Under Section 1915
Home and Community-based Services Authorities.--Not later than January
1, 2027, the Secretary of Health and Human Services shall issue
guidance to the States to clarify how a State may provide, with respect
to an individual who is eligible for home and community-based services
under section 1915 of the Social Security Act (42 U.S.C. 1396n),
coverage of such services pursuant to a provisional written plan of
care, pending finalization, with respect to such individual.
(e) Funding.--
(1) In general.--There are appropriated, out of any funds
in the Treasury not otherwise obligated, $71,000,000 for fiscal
year 2025, to remain available until expended, to the Secretary
of Health and Human Services for purposes of carrying out
subsection (d) and the amendments made by subsection (b).
(2) Reservation for planning grants.--Of the amount
appropriated under paragraph (1), the Secretary of Health and
Human Services shall reserve $50,000,000 of such amount to
award planning grants under the demonstration program
established by the amendments made by subsection (b).
SEC. 103. REMOVING CERTAIN AGE RESTRICTIONS ON MEDICAID ELIGIBILITY FOR
WORKING ADULTS WITH DISABILITIES.
(a) Modification of Optional Buy-in Groups.--
(1) In general.--Section 1902(a)(10)(A)(ii)(XV) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XV)) is
amended by striking ``but less than 65,''.
(2) Definition modification.--Section 1905(v)(1)(A) of the
Social Security Act (42 U.S.C. 1396d(v)(1)(A)) is amended by
striking ``, but less than 65,''.
(b) Application to Certain States.--A State that, as of the date of
enactment of this Act, provides for making medical assistance available
to individuals described in subclause (XV) or (XVI) of section
1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(ii)) shall not be regarded as failing to comply with
the requirements of either such subclause (as amended by subsection
(a)(1)) or with section 1905(v)(1)(A) of the Social Security Act (42
U.S.C. 1396d(v)(1)(A)) (as amended by subsection (a)(2)) before January
1, 2027.
SEC. 104. MEDICAID STATE PLAN REQUIREMENT FOR DETERMINING RESIDENCY AND
COVERAGE FOR MILITARY FAMILIES.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) in paragraph (86), by striking ``and'' at the
end;
(B) in paragraph (87), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (87), the
following new paragraph:
``(88) beginning January 1, 2028, provide, with respect to
an active duty relocated individual (as defined in subsection
(uu)(1))--
``(A) that, for purposes of determining eligibility
for medical assistance under the State plan (or waiver
of such plan), such active duty relocated individual is
treated as a resident of the State unless such
individual voluntarily elects not to be so treated for
such purposes;
``(B) that if, at the time of relocation (as
described in subsection (uu)(1)), such active duty
relocated individual is on a home and community-based
services waiting list (as defined in subsection
(uu)(2)), such individual remains on such list until--
``(i) the State completes an assessment and
renders a decision with respect to the
eligibility of such individual to receive the
relevant home and community-based services at
the time a slot for such services becomes
available and, in the case such decision is a
denial of such eligibility, such individual has
exhausted the individual's opportunity for a
fair hearing; or
``(ii) such individual elects to be removed
from such list; and
``(C) payment for medical assistance furnished
under the State plan (or a waiver of the plan) on
behalf of such active duty relocated individual in the
military service relocation State (as referred to in
subsection (uu)(1)(B)(i)), to the extent that such
assistance is available in such military service
relocation State in accordance with such guidance as
the Secretary may issue to ensure access to such
assistance.''; and
(2) by adding at the end the following new subsection:
``(uu) Active Duty Relocated Individual; Home and Community-based
Services Waiting List.--For purposes of subsection (a)(88) and this
subsection:
``(1) Active duty relocated individual.--The term `active
duty relocated individual' means an individual--
``(A) who--
``(i) is enrolled under the State plan (or
waiver of such plan); or
``(ii) with respect to an individual
described in subparagraph (C)(ii), would be so
enrolled pursuant to subsection
(a)(10)(A)(ii)(VI) if such individual began
receiving home and community-based services;
``(B) who--
``(i) is a member of the Armed Forces
engaged in active duty service and is relocated
to another State (in this subsection referred
to as the `military service relocation State')
by reason of such service;
``(ii) would be described in clause (i)
except that the individual stopped being
engaged in active duty service (including by
reason of retirement from such service) and the
last day on which the individual was engaged in
active duty service occurred not more than 12
months ago; or
``(iii) is a dependent (as defined by the
Secretary) of a member described in clause (i)
or (ii) who relocates to the military service
relocation State with such member; and
``(C) who--
``(i) was receiving home and community-
based services (as defined in section
9817(a)(2)(B) of the American Rescue Plan Act
of 2021) at the time of such relocation; or
``(ii) if the State maintains a home and
community-based services waiting list, was on
such home and community-based services waiting
list at the time of such relocation.
``(2) Home and community-based services waiting list.--The
term `home and community-based services waiting list' means, in
the case of a State that has a limit on the number of
individuals who may receive home and community-based services
under section 1115(a), section 1915(c), or section 1915(j), a
list maintained by such State of individuals who are requesting
to receive such services under 1 or more such sections but for
whom the State has not yet completed an assessment and rendered
a decision with respect to the eligibility of such individuals
to receive the relevant home and community-based services at
the time a slot for such services becomes available due to such
limit.''.
(b) Implementation Funding.--There are appropriated, out of any
funds in the Treasury not otherwise obligated, $1,000,000 for each of
fiscal years 2025 through 2029, to remain available until expended, to
the Secretary of Health and Human Services for purposes of implementing
the amendments made by subsection (a).
SEC. 105. ENSURING THE RELIABILITY OF ADDRESS INFORMATION PROVIDED
UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)), as previously amended by this title, is amended--
(1) in paragraph (87), by striking ``and'' at the end;
(2) in paragraph (88), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (88) the following new
paragraph:
``(89) beginning January 1, 2026, provide for a process to
regularly obtain address information for individuals enrolled
under such plan (or a waiver of such plan) from reliable data
sources (as described in section 435.919(f)(1)(iii) of title
42, Code of Federal Regulations (or a successor regulation))
and act on any changes to such an address based on such
information in accordance with such section (or successor
regulation), except that this paragraph shall only apply in the
case of the 50 States and the District of Columbia.''.
(b) Application to CHIP.--Section 2107(e)(1) of the Social Security
Act (42 U.S.C. 1397gg(e)(1)) is amended--
(1) by redesignating subparagraphs (H) through (U) as
subparagraphs (I) through (V), respectively; and
(2) by inserting after subparagraph (G) the following new
subparagraph:
``(H) Section 1902(a)(89) (relating to regularly
obtaining address information for enrollees).''.
(c) Ensuring Transmission of Address Information From Managed Care
Organizations.--Section 1932 of the Social Security Act (42 U.S.C.
1396u-2) is amended by adding at the end the following new subsection:
``(j) Transmission of Address Information.--Beginning January 1,
2026, each contract under a State plan with a managed care entity under
section 1903(m) shall provide that the entity transmits to the State
any address information for an individual enrolled with the entity that
is provided to such entity directly from, or verified by such entity
directly with, such individual.''.
SEC. 106. CODIFYING CERTAIN MEDICAID PROVIDER SCREENING REQUIREMENTS
RELATED TO DECEASED PROVIDERS.
Section 1902(kk)(1) of the Social Security Act (42 U.S.C.
1396a(kk)(1)) is amended--
(1) by striking ``The State'' and inserting:
``(A) In general.--The State''; and
(2) by adding at the end the following new subparagraph:
``(B) Additional provider screening.--Beginning
January 1, 2027, as part of the enrollment (or
reenrollment or revalidation of enrollment) of a
provider or supplier under this title, and not less
frequently than quarterly during the period that such
provider or supplier is so enrolled, the State conducts
a check of the Death Master File (as such term is
defined in section 203(d) of the Bipartisan Budget Act
of 2013) to determine whether such provider or supplier
is deceased.''.
SEC. 107. MODIFYING CERTAIN STATE REQUIREMENTS FOR ENSURING DECEASED
INDIVIDUALS DO NOT REMAIN ENROLLED.
Section 1902 of the Social Security Act (42 U.S.C. 1396a), as
previously amended by this title, is amended--
(1) in subsection (a)--
(A) in paragraph (88), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (89), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (89) the following
new paragraph:
``(90) provide that the State shall comply with the
eligibility verification requirements under subsection (vv),
except that this paragraph shall apply only in the case of the
50 States and the District of Columbia.''; and
(2) by adding at the end the following new subsection:
``(vv) Verification of Certain Eligibility Criteria.--
``(1) In general.--For purposes of subsection (a)(90), the
eligibility verification requirements, beginning January 1,
2026, are as follows:
``(A) Quarterly screening to verify enrollee
status.--The State shall, not less frequently than
quarterly, review the Death Master File (as such term
is defined in section 203(d) of the Bipartisan Budget
Act of 2013) to determine whether any individuals
enrolled for medical assistance under the State plan
(or waiver of such plan) are deceased.
``(B) Disenrollment under state plan.--If the State
determines, based on information obtained from the
Death Master File, that an individual enrolled for
medical assistance under the State plan (or waiver of
such plan) is deceased, the State shall--
``(i) treat such information as factual
information confirming the death of a
beneficiary for purposes of section 431.213(a)
of title 42, Code of Federal Regulations (or
any successor regulation);
``(ii) disenroll such individual from the
State plan (or waiver of such plan); and
``(iii) discontinue any payments for
medical assistance under this title made on
behalf of such individual (other than payments
for any items or services furnished to such
individual prior to the death of such
individual).
``(C) Reinstatement of coverage in the event of
error.--If a State determines that an individual was
misidentified as deceased based on information obtained
from the Death Master File, and was erroneously
disenrolled from medical assistance under the State
plan (or waiver of such plan) based on such
misidentification, the State shall immediately reenroll
such individual under the State plan (or waiver of such
plan), retroactive to the date of such disenrollment.
``(2) Rule of construction.--Nothing under this subsection
shall be construed to preclude the ability of a State to use
other electronic data sources to timely identify potentially
deceased beneficiaries, so long as the State is also in
compliance with the requirements of this subsection (and all
other requirements under this title relating to Medicaid
eligibility determination and redetermination).''.
SEC. 108. ONE-YEAR DELAY OF MEDICAID AND CHIP REQUIREMENTS FOR HEALTH
SCREENINGS, REFERRALS, AND CASE MANAGEMENT SERVICES FOR
ELIGIBLE JUVENILES IN PUBLIC INSTITUTIONS; STATE INTERIM
WORK PLANS.
(a) In General.--Section 5121(d) of subtitle C of title V of
division FF of the Consolidated Appropriations Act, 2023 (Public Law
117-328) is amended--
(1) by striking ``The amendments made by this section'' and
inserting the following:
``(1) In general.--Subject to paragraph (2), the amendments
made by this section''; and
(2) by adding at the end the following new paragraph:
``(2) Delay of date by which states must comply with
certain juvenile justice-related requirements.--A State shall
not be regarded as failing to comply with the requirements of
section 1902(a)(84)(D) or 2102(d)(2) of the Social Security Act
(42 U.S.C. 1396a(a)(84)(D), 1397bb(d)(2)) before January 1,
2026.''.
(b) Clarifying Nonapplication of Requirements to Individuals in
Federal Custody.--
(1) Medicaid.--
(A) Subparagraph (D) of section 1902(a)(84) of the
Social Security Act (42 U.S.C. 1396a(a)(84)), as added
by section 5121 of subtitle C of title V of division FF
of the Consolidated Appropriations Act, 2023 (Public
Law 117-328), is amended by striking ``an individual
who is an eligible juvenile'' and inserting ``an
individual (other than an individual who is in Federal
custody, including as an inmate in a Federal prison)
who is an eligible juvenile''.
(B) Section 5122(a) of subtitle C of title V of
division FF of the Consolidated Appropriations Act,
2023 (Public Law 117-328) is amended--
(i) by striking ``paragraph (31)'' each
place it appears and inserting ``the last
numbered paragraph''; and
(ii) in paragraph (1), by striking ``an
individual who is an eligible juvenile'' and
inserting ``an individual (other than an
individual who is in Federal custody, including
as an inmate in a Federal prison) who is an
eligible juvenile''.
(2) CHIP.--
(A) Subsection (d)(2) of section 2102 of the Social
Security Act (42 U.S.C. 1397bb), as added by section
5121 of subtitle C of title V of division FF of the
Consolidated Appropriations Act, 2023 (Public Law 117-
328), is amended by striking ``a targeted low-income
child who'' and inserting ``a targeted low income child
(other than a child who is in Federal custody,
including as an inmate in a Federal prison) who''.
(B) Section 5122(b)(2) of subtitle C of title V of
division FF of the Consolidated Appropriations Act,
2023 (Public Law 117-328) is amended by striking ``a
child who is'' and inserting ``a child (other than a
child who is in Federal custody, including as an inmate
in a Federal prison) who is''.
(3) Effective date.--The amendments made by this subsection
shall take effect as if enacted on December 29, 2022.
(c) Interim Work Plan.--Not later than June 30, 2025, each State
(as such term is defined in section 1101(a)(1) of the Social Security
Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such
Act) shall submit to the Secretary of Health and Human Services an
interim work plan, in such form and containing such information as the
Secretary may specify, describing the State's progress towards
implementing, and its plans to come into compliance with, the
requirements imposed by the amendments made by section 5121 of subtitle
C of title V of division FF of the Consolidated Appropriations Act,
2023 (Public Law 117-328), consistent with the guidance issued by the
Centers for Medicare & Medicaid Services in State Health Official
Letter #24-004 on July 23, 2024.
SEC. 109. STATE STUDIES AND HHS REPORT ON COSTS OF PROVIDING MATERNITY,
LABOR, AND DELIVERY SERVICES.
(a) State Study.--
(1) In general.--Not later than 24 months after the date of
enactment of this Act, and every 5 years thereafter, each State
(as such term is defined in section 1101(a)(1) of the Social
Security Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX
and XXI of such Act) shall conduct a study on the costs of
providing maternity, labor, and delivery services in applicable
hospitals (as defined in paragraph (3)) and submit the results
of such study to the Secretary of Health and Human Services
(referred to in this section as the ``Secretary'').
(2) Content of study.--A State study required under
paragraph (1) shall include the following information (to the
extent practicable) with respect to maternity, labor, and
delivery services furnished by applicable hospitals located in
the State:
(A) An estimate of the cost of providing maternity,
labor, and delivery services at applicable hospitals,
based on the expenditures a representative sample of
such hospitals incurred for providing such services
during the 2 most recent years for which data is
available.
(B) An estimate of the cost of providing maternity,
labor, and delivery services at applicable hospitals
that ceased providing labor and delivery services
within the past 5 years, based on the expenditures a
representative sample of such hospitals incurred for
providing such services during the 2 most recent years
for which data is available.
(C) To the extent data allows, an analysis of the
extent to which geographic location, community
demographics, and local economic factors (as defined by
the Secretary) affect the cost of providing maternity,
labor, and delivery services at applicable hospitals,
including the cost of services that support the
provision of maternity, labor, and delivery services.
(D) The amounts applicable hospitals are paid for
maternity, labor, and delivery services, by geographic
location and hospital size, under--
(i) Medicare;
(ii) the State Medicaid program, including
payment amounts for such services under fee-
for-service payment arrangements and under
managed care (as applicable);
(iii) the State CHIP plan, including
payment amounts for such services under fee-
for-service payment arrangements and under
managed care (as applicable); and
(iv) private health insurance.
(E) A comparative payment rate analysis--
(i) comparing payment rates for maternity,
labor, and delivery services (inclusive of all
payments received by applicable hospitals for
furnishing maternity, labor, and delivery
services) under the State Medicaid fee-for-
service program to such payment rates for such
services under Medicare (as described in
section 447.203(b)(3) of title 42, Code of
Federal Regulations), other Federally-funded or
State-funded programs (including, to the extent
data is available, Medicaid managed care
rates), and to the payment rates for such
services, to the extent data is available, of
private health insurers within geographic areas
of the State; and
(ii) analyzing different payment methods
for such services, such as the use of bundled
payments, quality incentives, and low-volume
adjustments.
(F) An evaluation, using such methodology and
parameters established by the Secretary, of whether
each hospital located in the State that furnishes
maternity, labor, and delivery services is expected to
experience in the next 3 years significant changes in
particular expenditures or types of reimbursement for
maternity, labor, and delivery services.
(3) Applicable hospital defined.--For purposes of this
subsection, the term ``applicable hospital'' means any hospital
located in a State that meets either of the following criteria:
(A) The hospital provides labor and delivery
services and more than 50 percent of the hospital's
births (in the most recent year for which such data is
available) are financed by the Medicaid program or
CHIP.
(B) The hospital--
(i) is located in a rural area (as defined
by the Federal Office of Rural Health Policy
for the purpose of rural health grant programs
administered by such Office);
(ii) based on the most recent 2 years of
data available (as determined by the
Secretary), furnished services for less than an
average of 300 births per year; and
(iii) provides labor and delivery services.
(4) Assistance to small hospitals in compiling cost
information.--There are appropriated to the Secretary for
fiscal year 2025, $10,000,000 for the purpose of providing
grants and technical assistance to a hospital described in
paragraph (3)(B) to enable such hospital to compile detailed
information for use in the State studies required under
paragraph (1), to remain available until expended.
(5) HHS report on state studies.--For each year in which a
State is required to conduct a study under paragraph (1), the
Secretary shall issue, not later than 12 months after the date
on which the State submits to the Secretary the data described
in such paragraph, a publicly available report that compiles
and details the results of such study and includes the
information described in paragraph (2).
(b) HHS Report on National Data Collection Findings.--Not later
than 3 years after the date of enactment of this Act, the Secretary
shall submit to Congress, and make publicly available, a report
analyzing the first studies conducted by States under subsection
(a)(1), including recommendations for improving data collection on the
cost of providing maternity, labor, and delivery services.
(c) Implementation Funding.--In addition to the amount appropriated
under subsection (a)(4), there are appropriated, out of any funds in
the Treasury not otherwise obligated, $3,000,000 for fiscal year 2025,
to remain available until expended, to the Secretary of Health and
Human Services for purposes of implementing this section.
SEC. 110. MODIFYING CERTAIN DISPROPORTIONATE SHARE HOSPITAL ALLOTMENTS.
(a) Extending Tennessee DSH Allotments.--Section 1923(f)(6)(A)(vi)
of the Social Security Act (42 U.S.C. 1396r-4(f)(6)(A)(vi)) is
amended--
(1) in the heading, by striking ``2025'' and inserting
``2026 and for the 1st quarter of fiscal year 2027'';
(2) by striking ``fiscal year 2025'' and inserting ``fiscal
year 2026''; and
(3) by inserting ``, and the DSH allotment for Tennessee
for the 1st quarter of fiscal year 2027, shall be $13,275,000''
before the period.
(b) Eliminating and Delaying DSH Allotment Reductions.--Section
1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f)) is amended--
(1) in paragraph (7)(A)--
(A) in clause (i), in the matter preceding
subclause (I), by striking ``January 1, 2025,'' and all
that follows through ``2027'' and inserting ``January
1, 2027, and ending September 30, 2027, and for fiscal
year 2028''; and
(B) in clause (ii), by striking ``January 1,
2025,'' and all that follows through ``2027'' and
inserting ``January 1, 2027, and ending September 30,
2027, and for fiscal year 2028''; and
(2) in paragraph (8), by striking ``2027'' and inserting
``2028''.
SEC. 111. MODIFYING CERTAIN LIMITATIONS ON DISPROPORTIONATE SHARE
HOSPITAL PAYMENT ADJUSTMENTS UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1923(g) of the Social Security Act (42
U.S.C. 1396r-4(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``(other than a hospital described in
paragraph (2)(B))'';
(ii) in clause (i), by inserting ``with
respect to such hospital and year'' after
``described in subparagraph (B)''; and
(iii) in clause (ii)--
(I) in subclause (I), by striking
``and'' at the end;
(II) in subclause (II), by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following new subclause:
``(III) payments made under title
XVIII or by an applicable plan (as
defined in section 1862(b)(8)(F)) for
such services.''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``in this clause are'' and inserting
``in this subparagraph are, with respect to a
hospital and a year,''; and
(ii) by adding at the end the following new
clause:
``(iii) Individuals who are eligible for
medical assistance under the State plan or
under a waiver of such plan and for whom the
State plan or waiver is a payor for such
services after application of benefits under
title XVIII or under an applicable plan (as
defined in section 1862(b)(8)(F)), but only if
the hospital has in the aggregate incurred
costs exceeding payments under such State plan,
waiver, title XVIII, or applicable plan for
such services furnished to such individuals
during such year.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking
``Notwithstanding paragraph (2) of this subsection (as in
effect on October 1, 2021), paragraph (2)'' and inserting
``Paragraph (2)''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to payment
adjustments made under section 1923 of the Social Security Act
(42 U.S.C. 1396r-4) for Medicaid State plan rate years
beginning on or after the date of enactment of this Act.
(2) State option to distribute unspent dsh allotments from
prior years up to modified cap.--
(A) In general.--If, for any Medicaid State plan
rate year that begins on or after October 1, 2021, and
before the date of enactment of this Act, a State did
not spend the full amount of its Federal fiscal year
allotment under section 1923 of the Social Security Act
(42 U.S.C. 1396r-4) applicable to that State plan rate
year, the State may use the unspent portion of such
allotment to increase the amount of any payment
adjustment made to a hospital for such rate year,
provided that--
(i) such payment adjustment (as so
increased) is consistent with subsection (g) of
such section (as amended by this section); and
(ii) the total amount of all payment
adjustments for the State plan rate year (as so
increased) does not exceed the disproportionate
share hospital allotment for the State and
applicable Federal fiscal year under subsection
(f) of such section.
(B) No recoupment of payments already made to
hospitals.--A State shall not recoup any payment
adjustment made by the State to a hospital for a
Medicaid State plan rate year described in subparagraph
(A) if such payment adjustment is consistent with
section 1923(g) of such Act (42 U.S.C. 1396r-4(g)) as
in effect on October 1, 2021.
(C) Authority to permit retroactive modification of
state plan amendments to allow for increases.--
(i) In general.--Subject to paragraph (2),
solely for the purpose of allowing a State to
increase the amount of a payment adjustment to
a hospital for a Medicaid State plan rate year
described in subparagraph (A) pursuant to this
paragraph, a State may retroactively modify a
provision of the Medicaid State plan, a waiver
of such plan, or a State plan amendment that
relates to such rate year and the Secretary may
approve such modification.
(ii) Deadline.--A State may not submit a
request for approval of a retroactive
modification to a provision of the Medicaid
State plan, a waiver of such plan, or a State
plan amendment for a Medicaid State plan rate
year after the date by which the State is
required to submit the independent certified
audit for that State plan rate year as required
under section 1923(j)(2) of the Social Security
Act (42 U.S.C. 1396r-4(j)(2)).
(D) Reporting.--If a State increases a payment
adjustment made to a hospital for a Medicaid State plan
rate year pursuant to this paragraph, the State shall
include information on such increased payment
adjustment as part of the next annual report submitted
by the State under section 1923(j)(1) of the Social
Security Act (42 U.S.C. 1396r-4(j)(1)).
SEC. 112. ENSURING ACCURATE PAYMENTS TO PHARMACIES UNDER MEDICAID.
(a) In General.--Section 1927(f) of the Social Security Act (42
U.S.C. 1396r-8(f)) is amended--
(1) in paragraph (1)(A)--
(A) by redesignating clause (ii) as clause (iii);
and
(B) by striking ``and'' after the semicolon at the
end of clause (i) and all that precedes it through
``(1)'' and inserting the following:
``(1) Determining pharmacy actual acquisition costs.--The
Secretary shall conduct a survey of retail community pharmacy
drug prices and applicable non-retail pharmacy drug prices to
determine national average drug acquisition cost benchmarks (as
such term is defined by the Secretary) as follows:
``(A) Use of vendor.--The Secretary may contract
services for--
``(i) with respect to retail community
pharmacies, the determination of retail survey
prices of the national average drug acquisition
cost for covered outpatient drugs that
represent a nationwide average of consumer
purchase prices for such drugs, net of all
discounts, rebates, and other price concessions
(to the extent any information with respect to
such discounts, rebates, and other price
concessions is available) based on a monthly
survey of such pharmacies;
``(ii) with respect to applicable non-
retail pharmacies--
``(I) the determination of survey
prices, separate from the survey prices
described in clause (i), of the non-
retail national average drug
acquisition cost for covered outpatient
drugs that represent a nationwide
average of consumer purchase prices for
such drugs, net of all discounts,
rebates, and other price concessions
(to the extent any information with
respect to such discounts, rebates, and
other price concessions is available)
based on a monthly survey of such
pharmacies; and
``(II) at the discretion of the
Secretary, for each type of applicable
non-retail pharmacy, the determination
of survey prices, separate from the
survey prices described in clause (i)
or subclause (I) of this clause, of the
national average drug acquisition cost
for such type of pharmacy for covered
outpatient drugs that represent a
nationwide average of consumer purchase
prices for such drugs, net of all
discounts, rebates, and other price
concessions (to the extent any
information with respect to such
discounts, rebates, and other price
concessions is available) based on a
monthly survey of such pharmacies;
and'';
(2) in subparagraph (B) of paragraph (1), by striking
``subparagraph (A)(ii)'' and inserting ``subparagraph
(A)(iii)'';
(3) in subparagraph (D) of paragraph (1), by striking
clauses (ii) and (iii) and inserting the following:
``(ii) The vendor must update the Secretary
no less often than monthly on the survey prices
for covered outpatient drugs.
``(iii) The vendor must differentiate, in
collecting and reporting survey data, for all
cost information collected, whether a pharmacy
is a retail community pharmacy or an applicable
non-retail pharmacy, including whether such
pharmacy is an affiliate (as defined in
subsection (k)(14)), and, in the case of an
applicable non-retail pharmacy, which type of
applicable non-retail pharmacy it is using the
relevant pharmacy type indicators included in
the guidance required by subsection (d)(2) of
section 112 of the Health Improvements,
Extenders, and Reauthorizations Act.'';
(4) by adding at the end of paragraph (1) the following:
``(F) Survey reporting.--In order to meet the
requirement of section 1902(a)(54), a State shall
require that any retail community pharmacy or
applicable non-retail pharmacy in the State that
receives any payment, reimbursement, administrative
fee, discount, rebate, or other price concession
related to the dispensing of covered outpatient drugs
to individuals receiving benefits under this title,
regardless of whether such payment, reimbursement,
administrative fee, discount, rebate, or other price
concession is received from the State or a managed care
entity or other specified entity (as such terms are
defined in section 1903(m)(9)(D)) directly or from a
pharmacy benefit manager or another entity that has a
contract with the State or a managed care entity or
other specified entity (as so defined), shall respond
to surveys conducted under this paragraph.
``(G) Survey information.--Information on national
drug acquisition prices obtained under this paragraph
shall be made publicly available in a form and manner
to be determined by the Secretary and shall include at
least the following:
``(i) The monthly response rate to the
survey including a list of pharmacies not in
compliance with subparagraph (F).
``(ii) The sampling methodology and number
of pharmacies sampled monthly.
``(iii) Information on price concessions to
pharmacies, including discounts, rebates, and
other price concessions, to the extent that
such information may be publicly released and
has been collected by the Secretary as part of
the survey.
``(H) Penalties.--
``(i) In general.--Subject to clauses (ii),
(iii), and (iv), the Secretary shall enforce
the provisions of this paragraph with respect
to a pharmacy through the establishment of
civil money penalties applicable to a retail
community pharmacy or an applicable non-retail
pharmacy.
``(ii) Basis for penalties.--The Secretary
shall impose a civil money penalty established
under this subparagraph on a retail community
pharmacy or applicable non-retail pharmacy if--
``(I) the retail pharmacy or
applicable non-retail pharmacy refuses
or otherwise fails to respond to a
request for information about prices in
connection with a survey under this
subsection;
``(II) knowingly provides false
information in response to such a
survey; or
``(III) otherwise fails to comply
with the requirements established under
this paragraph.
``(iii) Parameters for penalties.--
``(I) In general.--A civil money
penalty established under this
subparagraph may be assessed with
respect to each violation, and with
respect to each non-compliant retail
community pharmacy (including a
pharmacy that is part of a chain) or
non-compliant applicable non-retail
pharmacy (including a pharmacy that is
part of a chain), in an amount not to
exceed $100,000 for each such
violation.
``(II) Considerations.--In
determining the amount of a civil money
penalty imposed under this
subparagraph, the Secretary may
consider the size, business structure,
and type of pharmacy involved, as well
as the type of violation and other
relevant factors, as determined
appropriate by the Secretary.
``(iv) Rule of application.--The provisions
of section 1128A (other than subsections (a)
and (b)) shall apply to a civil money penalty
under this subparagraph in the same manner as
such provisions apply to a civil money penalty
or proceeding under section 1128A(a).
``(I) Limitation on use of applicable non-retail
pharmacy pricing information.--No State shall use
pricing information reported by applicable non-retail
pharmacies under subparagraph (A)(ii) to develop or
inform payment methodologies for retail community
pharmacies.'';
(5) in paragraph (2)--
(A) in subparagraph (A), by inserting ``, including
payment rates and methodologies for determining
ingredient cost reimbursement under managed care
entities or other specified entities (as such terms are
defined in section 1903(m)(9)(D)),'' after ``under this
title''; and
(B) in subparagraph (B), by inserting ``and the
basis for such dispensing fees'' before the semicolon;
(6) by redesignating paragraph (4) as paragraph (5);
(7) by inserting after paragraph (3) the following new
paragraph:
``(4) Oversight.--
``(A) In general.--The Inspector General of the
Department of Health and Human Services shall conduct
periodic studies of the survey data reported under this
subsection, as appropriate, including with respect to
substantial variations in acquisition costs or other
applicable costs, as well as with respect to how
internal transfer prices and related party transactions
may influence the costs reported by pharmacies that are
affiliates (as defined in subsection (k)(14)) or are
owned by, controlled by, or related under a common
ownership structure with a wholesaler, distributor, or
other entity that acquires covered outpatient drugs
relative to costs reported by pharmacies not affiliated
with such entities. The Inspector General shall provide
periodic updates to Congress on the results of such
studies, as appropriate, in a manner that does not
disclose trade secrets or other proprietary
information.
``(B) Appropriation.--There is appropriated to the
Inspector General of the Department of Health and Human
Services, out of any money in the Treasury not
otherwise appropriated, $5,000,000 for fiscal year
2025, to remain available until expended, to carry out
this paragraph.''; and
(8) in paragraph (5), as so redesignated--
(A) by inserting ``, and $9,000,000 for fiscal year
2025 and each fiscal year thereafter,'' after ``2010'';
and
(B) by inserting ``Funds appropriated under this
paragraph for fiscal year 2025 and any subsequent
fiscal year shall remain available until expended.''
after the period.
(b) Definitions.--Section 1927(k) of the Social Security Act (42
U.S.C. 1396r-8(k)) is amended--
(1) in the matter preceding paragraph (1), by striking ``In
the section'' and inserting ``In this section''; and
(2) by adding at the end the following new paragraphs:
``(12) Applicable non-retail pharmacy.--The term
`applicable non-retail pharmacy' means a pharmacy that is
licensed as a pharmacy by the State and that is not a retail
community pharmacy, including a pharmacy that dispenses
prescription medications to patients primarily through mail and
specialty pharmacies. Such term does not include nursing home
pharmacies, long-term care facility pharmacies, hospital
pharmacies, clinics, charitable or not-for-profit pharmacies,
government pharmacies, or low dispensing pharmacies (as defined
by the Secretary).
``(13) Affiliate.--The term `affiliate' means any entity
that is owned by, controlled by, or related under a common
ownership structure with a pharmacy benefit manager or a
managed care entity or other specified entity (as such terms
are defined in section 1903(m)(9)(D)).''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect on the first day of the
first quarter that begins on or after the date that is 6 months
after the date of enactment of this Act.
(2) Delayed application to applicable non-retail
pharmacies.--The pharmacy survey requirements established by
the amendments to section 1927(f) of the Social Security Act
(42 U.S.C. 1396r-8(f)) made by this section shall apply to
retail community pharmacies beginning on the effective date
described in paragraph (1), but shall not apply to applicable
non-retail pharmacies until the first day of the first quarter
that begins on or after the date that is 18 months after the
date of enactment of this Act.
(d) Identification of Applicable Non-retail Pharmacies.--
(1) In general.--Not later than January 1, 2026, the
Secretary of Health and Human Services shall, in consultation
with stakeholders as appropriate, publish guidance specifying
pharmacies that meet the definition of applicable non-retail
pharmacies (as such term is defined in subsection (k)(12) of
section 1927 of the Social Security Act (42 U.S.C. 1396r-8), as
added by subsection (b)), and that will be subject to the
survey requirements under subsection (f)(1) of such section, as
amended by subsection (a).
(2) Inclusion of pharmacy type indicators.--The guidance
published under paragraph (1) shall include pharmacy type
indicators to distinguish between different types of applicable
non-retail pharmacies, such as pharmacies that dispense
prescriptions primarily through the mail and pharmacies that
dispense prescriptions that require special handling or
distribution. An applicable non-retail pharmacy may be
identified through multiple pharmacy type indicators.
(e) Implementation.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by this section by program instruction or
otherwise.
(2) Nonapplication of administrative procedure act.--
Implementation of the amendments made by this section shall be
exempt from the requirements of section 553 of title 5, United
States Code.
(f) Nonapplication of Paperwork Reduction Act.--Chapter 35 of title
44, United States Code, shall not apply to any data collection
undertaken by the Secretary of Health and Human Services under section
1927(f) of the Social Security Act (42 U.S.C. 1396r-8(f)), as amended
by this section.
SEC. 113. PREVENTING THE USE OF ABUSIVE SPREAD PRICING IN MEDICAID.
(a) In General.--Section 1927 of the Social Security Act (42 U.S.C.
1396r-8) is amended--
(1) in subsection (e), by adding at the end the following
new paragraph:
``(6) Transparent prescription drug pass-through pricing
required.--
``(A) In general.--A contract between the State and
a pharmacy benefit manager (referred to in this
paragraph as a `PBM'), or a contract between the State
and a managed care entity or other specified entity (as
such terms are defined in section 1903(m)(9)(D) and
collectively referred to in this paragraph as the
`entity') that includes provisions making the entity
responsible for coverage of covered outpatient drugs
dispensed to individuals enrolled with the entity,
shall require that payment for such drugs and related
administrative services (as applicable), including
payments made by a PBM on behalf of the State or
entity, is based on a transparent prescription drug
pass-through pricing model under which--
``(i) any payment made by the entity or the
PBM (as applicable) for such a drug--
``(I) is limited to--
``(aa) ingredient cost; and
``(bb) a professional
dispensing fee that is not less
than the professional
dispensing fee that the State
would pay if the State were
making the payment directly in
accordance with the State plan;
``(II) is passed through in its
entirety (except as reduced under
Federal or State laws and regulations
in response to instances of waste,
fraud, or abuse) by the entity or PBM
to the pharmacy or provider that
dispenses the drug; and
``(III) is made in a manner that is
consistent with sections 447.502,
447.512, 447.514, and 447.518 of title
42, Code of Federal Regulations (or any
successor regulation) as if such
requirements applied directly to the
entity or the PBM, except that any
payment by the entity or the PBM for
the ingredient cost of such drug
purchased by a covered entity (as
defined in subsection (a)(5)(B)) may
exceed the actual acquisition cost (as
defined in 447.502 of title 42, Code of
Federal Regulations, or any successor
regulation) for such drug if--
``(aa) such drug was
subject to an agreement under
section 340B of the Public
Health Service Act;
``(bb) such payment for the
ingredient cost of such drug
does not exceed the maximum
payment that would have been
made by the entity or the PBM
for the ingredient cost of such
drug if such drug had not been
purchased by such covered
entity; and
``(cc) such covered entity
reports to the Secretary (in a
form and manner specified by
the Secretary), on an annual
basis and with respect to
payments for the ingredient
costs of such drugs so
purchased by such covered
entity that are in excess of
the actual acquisition costs
for such drugs, the aggregate
amount of such excess;
``(ii) payment to the entity or the PBM (as
applicable) for administrative services
performed by the entity or PBM is limited to an
administrative fee that reflects the fair
market value (as defined by the Secretary) of
such services;
``(iii) the entity or the PBM (as
applicable) makes available to the State, and
the Secretary upon request in a form and manner
specified by the Secretary, all costs and
payments related to covered outpatient drugs
and accompanying administrative services (as
described in clause (ii)) incurred, received,
or made by the entity or the PBM, broken down
(as specified by the Secretary), to the extent
such costs and payments are attributable to an
individual covered outpatient drug, by each
such drug, including any ingredient costs,
professional dispensing fees, administrative
fees (as described in clause (ii)), post-sale
and post-invoice fees, discounts, or related
adjustments such as direct and indirect
remuneration fees, and any and all other
remuneration, as defined by the Secretary; and
``(iv) any form of spread pricing whereby
any amount charged or claimed by the entity or
the PBM (as applicable) that exceeds the amount
paid to the pharmacies or providers on behalf
of the State or entity, including any post-sale
or post-invoice fees, discounts, or related
adjustments such as direct and indirect
remuneration fees or assessments, as defined by
the Secretary, (after allowing for an
administrative fee as described in clause (ii))
is not allowable for purposes of claiming
Federal matching payments under this title.
``(B) Publication of information.--The Secretary
shall publish, not less frequently than on an annual
basis and in a manner that does not disclose the
identity of a particular covered entity or
organization, information received by the Secretary
pursuant to subparagraph (A)(iii)(III) that is broken
out by State and by each of the following categories of
covered entity within each such State:
``(i) Covered entities described in
subparagraph (A) of section 340B(a)(4) of the
Public Health Service Act.
``(ii) Covered entities described in
subparagraphs (B) through (K) of such section.
``(iii) Covered entities described in
subparagraph (L) of such section.
``(iv) Covered entities described in
subparagraph (M) of such section.
``(v) Covered entities described in
subparagraph (N) of such section.
``(vi) Covered entities described in
subparagraph (O) of such section.''; and
(2) in subsection (k), as previously amended by this title,
by adding at the end the following new paragraph:
``(14) Pharmacy benefit manager.--The term `pharmacy
benefit manager' means any person or entity that, either
directly or through an intermediary, acts as a price negotiator
or group purchaser on behalf of a State, managed care entity
(as defined in section 1903(m)(9)(D)), or other specified
entity (as so defined), or manages the prescription drug
benefits provided by a State, managed care entity, or other
specified entity, including the processing and payment of
claims for prescription drugs, the performance of drug
utilization review, the processing of drug prior authorization
requests, the managing of appeals or grievances related to the
prescription drug benefits, contracting with pharmacies,
controlling the cost of covered outpatient drugs, or the
provision of services related thereto. Such term includes any
person or entity that acts as a price negotiator (with regard
to payment amounts to pharmacies and providers for a covered
outpatient drug or the net cost of the drug) or group purchaser
on behalf of a State, managed care entity, or other specified
entity or that carries out 1 or more of the other activities
described in the preceding sentence, irrespective of whether
such person or entity calls itself a pharmacy benefit
manager.''.
(b) Conforming Amendments.--Section 1903(m) of such Act (42 U.S.C.
1396b(m)) is amended--
(1) in paragraph (2)(A)(xiii)--
(A) by striking ``and (III)'' and inserting
``(III)'';
(B) by inserting before the period at the end the
following: ``, and (IV) if the contract includes
provisions making the entity responsible for coverage
of covered outpatient drugs, the entity shall comply
with the requirements of section 1927(e)(6)''; and
(C) by moving the margin 2 ems to the left; and
(2) by adding at the end the following new paragraph:
``(10) No payment shall be made under this title to a State
with respect to expenditures incurred by the State for payment
for services provided by an other specified entity (as defined
in paragraph (9)(D)(iii)) unless such services are provided in
accordance with a contract between the State and such entity
which satisfies the requirements of paragraph (2)(A)(xiii).''.
(c) Effective Date.--The amendments made by this section shall
apply to contracts between States and managed care entities, other
specified entities, or pharmacy benefit managers that have an effective
date beginning on or after the date that is 18 months after the date of
enactment of this Act.
(d) Implementation.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by this section by program instruction or
otherwise.
(2) Nonapplication of administrative procedure act.--
Implementation of the amendments made by this section shall be
exempt from the requirements of section 553 of title 5, United
States Code.
(e) Nonapplication of Paperwork Reduction Act.--Chapter 35 of title
44, United States Code, shall not apply to any data collection
undertaken by the Secretary of Health and Human Services under section
1927(e) of the Social Security Act (42 U.S.C. 1396r-8(e)), as amended
by this section.
TITLE II--MEDICARE
SEC. 201. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT
FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security Act (42
U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``fiscal year 2025 beginning on January 1,
2025, and ending on September 30, 2025, and in fiscal year
2026'' and inserting ``fiscal year 2026 beginning on January 1,
2026, and ending on September 30, 2026, and in fiscal year
2027'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I)--
(i) by striking ``through 2024'' and
inserting ``through 2025'';
(ii) by striking ``fiscal year 2025'' and
inserting ``fiscal year 2026'';
(iii) by striking ``October 1, 2024'' and
inserting ``October 1, 2025''; and
(iv) by striking ``December 31, 2024'' and
inserting ``December 31, 2025'';
(B) in subclause (III)--
(i) by striking ``through 2024'' and
inserting ``through 2025'';
(ii) by striking ``fiscal year 2025'' and
inserting ``fiscal year 2026'';
(iii) by striking ``October 1, 2024'' and
inserting ``October 1, 2025''; and
(iv) by striking ``December 31, 2024'' and
inserting ``December 31, 2025''; and
(C) in subclause (IV)--
(i) by striking ``fiscal year 2025'' and
inserting ``fiscal year 2026'';
(ii) by striking ``January 1, 2025'' and
inserting ``January 1, 2026'';
(iii) by striking ``September 30, 2025''
and inserting ``September 30, 2026''; and
(iv) by striking ``fiscal year 2026'' and
inserting ``fiscal year 2027''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i)--
(i) by striking ``through 2024'' and
inserting ``through 2025'';
(ii) by striking ``fiscal year 2025'' and
inserting ``fiscal year 2026'';
(iii) by striking ``October 1, 2024'' and
inserting ``October 1, 2025''; and
(iv) by striking ``December 31, 2024'' and
inserting ``December 31, 2025''; and
(B) in clause (ii)--
(i) by striking ``through 2024'' and
inserting ``through 2025'';
(ii) by striking ``fiscal year 2025'' and
inserting ``fiscal year 2026'';
(iii) by striking ``October 1, 2024'' and
inserting ``October 1, 2025''; and
(iv) by striking ``December 31, 2024'' and
inserting ``December 31, 2025''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 202. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``January 1, 2025'' and
inserting ``January 1, 2026''; and
(2) in clause (ii)(II), by striking ``January 1, 2025'' and
inserting ``January 1, 2026''.
(b) Conforming Amendments.--
(1) In general.--Section 1886(b)(3)(D) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended--
(A) in the matter preceding clause (i), by striking
``January 1, 2025'' and inserting ``January 1, 2026'';
and
(B) in clause (iv)--
(i) by striking ``fiscal year 2024'' and
inserting ``fiscal year 2025'';
(ii) by striking ``fiscal year 2025'' and
inserting ``fiscal year 2026'';
(iii) by striking ``October 1, 2024'' and
inserting ``October 1, 2025''; and
(iv) by striking ``December 31, 2024'' and
inserting ``December 31, 2025''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of
1993 (42 U.S.C. 1395ww note) is amended--
(A) by striking ``through 2024'' and inserting
``through 2025'';
(B) by striking ``fiscal year 2025'' and inserting
``fiscal year 2026'';
(C) by striking ``October 1, 2024'' and inserting
``October 1, 2025''; and
(D) by striking ``December 31, 2024'' and inserting
``December 31, 2025''.
SEC. 203. EXTENSION OF ADD-ON PAYMENTS FOR AMBULANCE SERVICES.
Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is
amended--
(1) in paragraph (12)(A), by striking ``January 1, 2025''
and inserting ``January 1, 2027''; and
(2) in paragraph (13), by striking ``January 1, 2025'' each
place it appears and inserting ``January 1, 2027'' in each such
place.
SEC. 204. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN ELIGIBLE
ALTERNATIVE PAYMENT MODELS.
(a) In General.--Section 1833(z) of the Social Security Act (42
U.S.C. 1395l(z)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``with 2026'' and inserting ``with
2027''; and
(B) by inserting ``, or, with respect to 2027, 3.53
percent'' after ``1.88 percent'';
(2) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the heading, by striking ``2026''
and inserting ``2027''; and
(ii) in the matter preceding clause (i), by
striking ``2026'' and inserting ``2027'';
(B) in subparagraph (C)--
(i) in the heading, by striking ``2027''
and inserting ``2028''; and
(ii) in the matter preceding clause (i), by
striking ``2027'' and inserting ``2028''; and
(C) in subparagraph (D), by striking ``and 2026''
and inserting ``2026, and 2027''; and
(3) in paragraph (4)(B), by inserting ``or, with respect to
2027, 3.53 percent'' after ``1.88 percent''.
(b) Conforming Amendments.--Section 1848(q)(1)(C)(iii) of the
Social Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is amended--
(1) in subclause (II), by striking ``2026'' and inserting
``2027''; and
(2) in subclause (III), by striking ``2027'' and inserting
``2028''.
SEC. 205. TEMPORARY PAYMENT INCREASE UNDER THE MEDICARE PHYSICIAN FEE
SCHEDULE TO ACCOUNT FOR EXCEPTIONAL CIRCUMSTANCES.
(a) In General.--Section 1848(t)(1) of the Social Security Act (42
U.S.C. 1395w- 4(t)(1)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) such services furnished on or after January
1, 2025, and before January 1, 2026, by 2.5 percent.''.
(b) Conforming Amendment.--Section 1848(c)(2)(B)(iv)(V) is amended
by striking ``or 2024'' and inserting ``2024, or 2025''.
SEC. 206. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT,
AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)) is amended--
(1) in the first sentence--
(A) by striking ``and $9,000,000'' and inserting
``$9,000,000''; and
(B) by inserting ``, and $5,000,000 for the period
beginning on January 1, 2025, and ending on December
31, 2025'' after ``December 31, 2024''; and
(2) in the third sentence--
(A) by striking ``and the period'' and inserting
``, the period'';
(B) by inserting ``and the period beginning on
January 1, 2025, and ending on December 31, 2025,''
after ``December 31, 2024,''; and
(C) by inserting ``or period'' after ``preceding
fiscal year''.
SEC. 207. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME
PROGRAMS.
(a) State Health Insurance Assistance Programs.--Subsection
(a)(1)(B) of section 119 of the Medicare Improvements for Patients and
Providers Act of 2008 (42 U.S.C. 1395b-3 note) is amended--
(1) in clause (xiii), by striking ``and'' at the end;
(2) in clause (xiv), by striking the period and inserting
``; and''; and
(3) by inserting after clause (xiv) the following new
clause:
``(xv) for the period beginning on January
1, 2025, and ending on December 31, 2026,
$30,000,000.''.
(b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section
119 is amended--
(1) in clause (xiii), by striking ``and'' at the end;
(2) in clause (xiv), by striking the period and inserting
``; and''; and
(3) by inserting after clause (xiv) the following new
clause:
``(xv) for the period beginning on January
1, 2025, and ending on December 31, 2026,
$30,000,000.''.
(c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
such section 119 is amended--
(1) in clause (xiii), by striking ``and'' at the end;
(2) in clause (xiv), by striking the period and inserting
``; and''; and
(3) by inserting after clause (xiv) the following new
clause:
``(xv) for the period beginning on January
1, 2025, and ending on December 31, 2026,
$10,000,000.''.
(d) Coordination of Efforts to Inform Older Americans About
Benefits Available Under Federal and State Programs.--Subsection (d)(2)
of such section 119 is amended--
(1) in clause (xiii), by striking ``and'' at the end;
(2) in clause (xiv), by striking the period and inserting
``; and''; and
(3) by inserting after clause (xiv) the following new
clause:
``(xv) for the period beginning on January
1, 2025, and ending on December 31, 2026,
$30,000,000.''.
SEC. 208. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``January 1, 2025'' and inserting
``January 1, 2026''.
SEC. 209. EXTENSION OF CERTAIN TELEHEALTH FLEXIBILITIES.
(a) Removing Geographic Requirements and Expanding Originating
Sites for Telehealth Services.--Section 1834(m) of the Social Security
Act (42 U.S.C. 1395m(m)) is amended--
(1) in paragraph (2)(B)(iii), by striking ``ending December
31, 2024'' and inserting ``ending December 31, 2026''; and
(2) in paragraph (4)(C)(iii), by striking ``ending on
December 31, 2024'' and inserting ``ending on December 31,
2026''.
(b) Expanding Practitioners Eligible to Furnish Telehealth
Services.--Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C.
1395m(m)(4)(E)) is amended by striking ``ending on December 31, 2024''
and inserting ``ending on December 31, 2026''.
(c) Extending Telehealth Services for Federally Qualified Health
Centers and Rural Health Clinics.--Section 1834(m)(8) of the Social
Security Act (42 U.S.C. 1395m(m)(8)) is amended--
(1) in subparagraph (A), by striking ``ending on December
31, 2024'' and inserting ``ending on December 31, 2026'';
(2) in subparagraph (B)--
(A) in the subparagraph heading, by inserting
``before 2025'' after ``rule'';
(B) in clause (i), by striking ``during the periods
for which subparagraph (A) applies'' and inserting
``before January 1, 2025''; and
(C) in clause (ii), by inserting ``furnished to an
eligible telehealth individual before January 1, 2025''
after ``telehealth services''; and
(3) by adding at the end the following new subparagraph:
``(C) Payment rule for 2025 and 2026.--
``(i) In general.--A telehealth service
furnished to an eligible telehealth individual
by a Federally qualified health center or rural
health clinic on or after January 1, 2025, and
before January 1, 2027, shall be paid as a
Federally qualified health center service or
rural health clinic service (as applicable)
under the prospective payment system
established under section 1834(o) or the
methodology for all-inclusive rates established
under section 1833(a)(3), respectively.
``(ii) Treatment of costs.--Costs
associated with the furnishing of telehealth
services by a Federally qualified health center
or rural health clinic on or after January 1,
2025, and before January 1, 2027, shall be
considered allowable costs for purposes of the
prospective payment system established under
section 1834(o) and the methodology for all-
inclusive rates established under section
1833(a)(3), as applicable.
``(iii) Requiring modifiers.--Not later
than July 1, 2025, the Secretary shall
establish requirements to include 1 or more
codes or modifiers, as determined appropriate
by the Secretary, in the case of claims for
telehealth services furnished to an eligible
telehealth individual by a Federally qualified
health center or rural health clinic.''.
(d) Delaying the In-person Requirements Under Medicare for Mental
Health Services Furnished Through Telehealth and Telecommunications
Technology.--
(1) Delay in requirements for mental health services
furnished through telehealth.--Section 1834(m)(7)(B)(i) of the
Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended,
in the matter preceding subclause (I), by striking ``on or
after'' and all that follows through ``described in section
1135(g)(1)(B))'' and inserting ``on or after January 1, 2027''.
(2) Mental health visits furnished by rural health
clinics.--Section 1834(y)(2) of the Social Security Act (42
U.S.C. 1395m(y)(2)) is amended by striking ``January 1, 2025''
and all that follows through the period at the end and
inserting ``January 1, 2027.''.
(3) Mental health visits furnished by federally qualified
health centers.--Section 1834(o)(4)(B) of the Social Security
Act (42 U.S.C. 1395m(o)(4)(B)) is amended by striking ``January
1, 2025'' and all that follows through the period at the end
and inserting ``January 1, 2027.''.
(e) Allowing for the Furnishing of Audio-only Telehealth
Services.--Section 1834(m)(9) of the Social Security Act (42 U.S.C.
1395m(m)(9)) is amended by striking ``ending on December 31, 2024'' and
inserting ``ending on December 31, 2026''.
(f) Extending Use of Telehealth to Conduct Face-to-face Encounter
Prior to Recertification of Eligibility for Hospice Care.--Section
1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C.
1395f(a)(7)(D)(i)(II)) is amended--
(1) by striking ``ending on December 31, 2024'' and
inserting ``ending on December 31, 2026''; and
(2) by inserting ``, except that this subclause shall not
apply in the case of such an encounter with an individual
occurring on or after January 1, 2025, if such individual is
located in an area that is subject to a moratorium on the
enrollment of hospice programs under this title pursuant to
section 1866(j)(7), if such individual is receiving hospice
care from a provider that is subject to enhanced oversight
under this title pursuant to section 1866(j)(3), or if such
encounter is performed by a hospice physician or nurse
practitioner who is not enrolled under section 1866(j) and is
not an opt-out physician or practitioner (as defined in section
1802(b)(6)(D))'' before the semicolon.
(g) Requiring Modifiers for Telehealth Services in Certain
Instances.--Section 1834(m) of the Social Security Act (42 U.S.C.
1395m(m)) is amended by adding at the end the following new paragraph:
``(10) Required use of modifiers in certain instances.--Not
later than January 1, 2026, the Secretary shall establish
requirements to include 1 or more codes or modifiers, as
determined appropriate by the Secretary, in the case of--
``(A) claims for telehealth services under this
subsection that are furnished through a telehealth
virtual platform--
``(i) by a physician or practitioner that
contracts with an entity that owns such virtual
platform; or
``(ii) for which a physician or
practitioner has a payment arrangement with an
entity for use of such virtual platform; and
``(B) claims for telehealth services under this
subsection that are furnished incident to a physician's
or practitioner's professional service.''.
(h) Program Instruction Authority.--The Secretary of Health and
Human Services may implement the amendments made by this section
through program instruction or otherwise.
SEC. 210. REQUIRING MODIFIER FOR USE OF TELEHEALTH TO CONDUCT FACE-TO-
FACE ENCOUNTER PRIOR TO RECERTIFICATION OF ELIGIBILITY
FOR HOSPICE CARE.
Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C.
1395f(a)(7)(D)(i)(II)), as amended by section 209(f) of the Health
Improvements, Extenders, and Reauthorizations Act, is further amended
by inserting ``, but only if, in the case of such an encounter
occurring on or after January 1, 2026, any hospice claim includes 1 or
more modifiers or codes (as specified by the Secretary) to indicate
that such encounter was conducted via telehealth'' after ``as
determined appropriate by the Secretary''.
SEC. 211. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVER FLEXIBILITIES.
Section 1866G of the Social Security Act (42 U.S.C. 1395cc-7) is
amended--
(1) in the section heading, by inserting ``the thomas r.
carper, tim scott, brad r. wenstrup, d.p.m., and earl
blumenauer'' after ``extension of'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``2024'' and inserting
``2029''; and
(ii) by striking ``in the Acute Hospital
Care at Home initiative of the Secretary'' and
inserting ``in the Thomas R. Carper, Tim Scott,
Brad R. Wenstrup, D.P.M., and Earl Blumenauer
Acute Hospital Care at Home initiative of the
Secretary (in this section referred to as the
`Acute Hospital Care at Home initiative')'';
(B) in paragraph (2), by striking ``of the
Secretary''; and
(C) in paragraph (3)(E), by adding at the end the
following new flush sentence:
``The Secretary may require that such data and
information be submitted through a hospital's cost
report, through such survey instruments as the
Secretary may develop, through medical record
information, or through such other means as the
Secretary determines appropriate.'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Study'' and inserting ``Initial Study'';
(B) in paragraph (1)(A), by striking ``of the
Secretary''; and
(C) in paragraph (3), by inserting ``or subsection
(c)'' before the period at the end;
(4) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(5) by inserting after subsection (b) the following new
subsection:
``(c) Subsequent Study and Report.--
``(1) In general.--Not later than September 30, 2028, the
Secretary shall conduct a study to--
``(A) analyze, to the extent practicable, the
criteria established by hospitals under the Acute
Hospital Care at Home initiative to determine which
individuals may be furnished services under such
initiative; and
``(B) analyze and compare (both within and between
hospitals participating in the initiative, and relative
to comparable hospitals that do not participate in the
initiative, for relevant parameters such as diagnosis-
related groups)--
``(i) quality of care furnished to
individuals with similar conditions and
characteristics in the inpatient setting and
through the Acute Hospital Care at Home
initiative, including health outcomes, hospital
readmission rates (including readmissions both
within and beyond 30 days post-discharge),
hospital mortality rates, length of stay,
infection rates, composition of care team
(including the types of labor used, such as
contracted labor), the ratio of nursing staff,
transfers from the hospital to the home,
transfers from the home to the hospital
(including the timing, frequency, and causes of
such transfers), transfers and discharges to
post-acute care settings (including the timing,
frequency, and causes of such transfers and
discharges), and patient and caregiver
experience of care;
``(ii) clinical conditions treated and
diagnosis-related groups of discharges from
inpatient settings relative to discharges from
the Acute Hospital Care at Home initiative;
``(iii) costs incurred by the hospital for
furnishing care in inpatient settings relative
to costs incurred by the hospital for
furnishing care through the Acute Hospital Care
at Home initiative, including costs relating to
staffing, equipment, food, prescriptions, and
other services, as determined by the Secretary;
``(iv) the quantity, mix, and intensity of
services (such as in-person visits and virtual
contacts with patients and the intensity of
such services) furnished in inpatient settings
relative to the Acute Hospital Care at Home
initiative, and, to the extent practicable, the
nature and extent of family or caregiver
involvement;
``(v) socioeconomic information on
individuals treated in comparable inpatient
settings relative to the initiative, including
racial and ethnic data, income, housing,
geographic proximity to the brick-and-mortar
facility and whether such individuals are
dually eligible for benefits under this title
and title XIX; and
``(vi) the quality of care, outcomes,
costs, quantity and intensity of services, and
other relevant metrics between individuals who
entered into the Acute Hospital Care at Home
initiative directly from an emergency
department compared with individuals who
entered into the Acute Hospital Care at Home
initiative directly from an existing inpatient
stay in a hospital.
``(2) Selection bias.--In conducting the study under
paragraph (1), the Secretary shall, to the extent practicable,
analyze and compare individuals who participate and do not
participate in the initiative controlling for selection bias or
other factors that may impact the reliability of data.
``(3) Report.--Not later than September 30, 2028, the
Secretary of Health and Human Services shall post on a website
of the Centers for Medicare & Medicaid Services a report on the
study conducted under paragraph (1).
``(4) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2025, out
of any amounts in the Treasury not otherwise appropriated,
$6,000,000, respectively, to remain available until expended,
for purposes of carrying out this section.''.
SEC. 212. ENHANCING CERTAIN PROGRAM INTEGRITY REQUIREMENTS FOR DME
UNDER MEDICARE.
(a) Durable Medical Equipment.--
(1) In general.--Section 1834(a) of the Social Security Act
(42 U.S.C. 1395m(a)) is amended by adding at the end the
following new paragraph:
``(23) Master list inclusion and claim review for certain
items.--
``(A) Master list inclusion.--Beginning January 1,
2028, for purposes of the Master List described in
section 414.234(b) of title 42, Code of Federal
Regulations (or any successor regulation), an item for
which payment may be made under this subsection shall
be treated as having aberrant billing patterns (as such
term is used for purposes of such section) if the
Secretary determines that, without explanatory
contributing factors (such as furnishing emergent care
services), a substantial number of claims for such
items under this subsection are for such items ordered
by a physician or practitioner who has not previously
(during a period of not less than 24 months, as
established by the Secretary) furnished to the
individual involved any item or service for which
payment may be made under this title.
``(B) Claim review.--With respect to items
furnished on or after January 1, 2028, that are
included on the Master List pursuant to subparagraph
(A), if such an item is not subject to a determination
of coverage in advance pursuant to paragraph (15)(C),
the Secretary may conduct prepayment review of claims
for payment for such item.''.
(2) Conforming amendment for prosthetic devices, orthotics,
and prosthetics.--Section 1834(h)(3) of the Social Security Act
(42 U.S.C. 1395m(h)(3)) is amended by inserting ``, and
paragraph (23) of subsection (a) shall apply to prosthetic
devices, orthotics, and prosthetics in the same manner as such
provision applies to items for which payment may be made under
such subsection'' before the period at the end.
(b) Report on Identifying Clinical Diagnostic Laboratory Tests at
High Risk for Fraud and Effective Mitigation Measures.--Not later than
January 1, 2026, the Inspector General of the Department of Health and
Human Services shall submit to Congress a report assessing fraud risks
relating to claims for clinical diagnostic laboratory tests for which
payment may be made under section 1834A of the Social Security Act (42
U.S.C. 1395m-1) and effective tools for reducing such fraudulent
claims. The report may include information regarding--
(1) which, if any, clinical diagnostic laboratory tests are
identified as being at high risk of fraudulent claims, and an
analysis of the factors that contribute to such risk;
(2) with respect to a clinical diagnostic laboratory test
identified under paragraph (1) as being at high risk of
fraudulent claims--
(A) the amount payable under such section 1834A
with respect to such test;
(B) the number of such tests furnished to
individuals enrolled under part B of title XVIII of the
Social Security Act (42 U.S.C. 1395j et seq.);
(C) whether an order for such a test was more
likely to come from a provider with whom the individual
involved did not have a prior relationship, as
determined on the basis of prior payment experience;
and
(D) the frequency with which a claim for payment
under such section 1834A included the payment modifier
identified by code 59 or 91; and
(3) suggested strategies for reducing the number of
fraudulent claims made with respect to tests so identified as
being at high risk, including--
(A) an analysis of whether the Centers for Medicare
& Medicaid Services can detect aberrant billing
patterns with respect to such tests in a timely manner;
(B) any strategies for identifying and monitoring
the providers who are outliers with respect to the
number of such tests that such providers order; and
(C) targeted education efforts to mitigate improper
billing for such tests; and
(4) such other information as the Inspector General
determines appropriate.
SEC. 213. GUIDANCE ON FURNISHING SERVICES VIA TELEHEALTH TO INDIVIDUALS
WITH LIMITED ENGLISH PROFICIENCY.
(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Health and Human Services,
in consultation with 1 or more entities from each of the categories
described in paragraphs (1) through (7) of subsection (b), shall issue
and disseminate, or update and revise as applicable, guidance for the
entities described in such subsection on the following:
(1) Best practices on facilitating and integrating use of
interpreters during a telemedicine appointment.
(2) Best practices on providing accessible instructions on
how to access telecommunications systems (as such term is used
for purposes of section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) for individuals with limited English
proficiency.
(3) Best practices on improving access to digital patient
portals for individuals with limited English proficiency.
(4) Best practices on integrating the use of video
platforms that enable multi-person video calls furnished via a
telecommunications system for purposes of providing
interpretation during a telemedicine appointment for an
individual with limited English proficiency.
(5) Best practices for providing patient materials,
communications, and instructions in multiple languages,
including text message appointment reminders and prescription
information.
(b) Entities Described.--For purposes of subsection (a), an entity
described in this subsection is an entity in 1 or more of the following
categories:
(1) Health information technology service providers,
including--
(A) electronic medical record companies;
(B) remote patient monitoring companies; and
(C) telehealth or mobile health vendors and
companies.
(2) Health care providers, including--
(A) physicians; and
(B) hospitals.
(3) Health insurers.
(4) Language service companies.
(5) Interpreter or translator professional associations.
(6) Health and language services quality certification
organizations.
(7) Patient and consumer advocates, including such
advocates that work with individuals with limited English
proficiency.
SEC. 214. IN-HOME CARDIOPULMONARY REHABILITATION FLEXIBILITIES.
(a) In General.--Section 1861(eee)(2) of the Social Security Act
(42 U.S.C. 1395x(eee)(2)) is amended--
(1) in subparagraph (A)(ii), by inserting ``(including,
with respect to items and services furnished through audio and
video real-time communications technology (excluding audio-
only) on or after January 1, 2025, and before January 1, 2027,
in the home of an individual who is an outpatient of the
hospital)'' after ``outpatient basis''; and
(2) in subparagraph (B), by inserting ``(including, with
respect to items and services furnished through audio and video
real-time communications technology on or after January 1,
2025, and before January 1, 2027, the virtual presence of such
physician, physician assistant, nurse practitioner, or clinical
nurse specialist)'' after ``under the program''.
(b) Program Instruction Authority.--Notwithstanding any other
provision of law, the Secretary of Health and Human Services may
implement the amendments made by this section by program instruction or
otherwise.
SEC. 215. INCLUSION OF VIRTUAL DIABETES PREVENTION PROGRAM SUPPLIERS IN
MDPP EXPANDED MODEL.
(a) In General.--Not later than January 1, 2026, the Secretary
shall revise the regulations under parts 410 and 424 of title 42, Code
of Federal Regulations, to provide that, for the period beginning
January 1, 2026, and ending December 31, 2030--
(1) an entity may participate in the MDPP by offering only
online MDPP services via synchronous or asynchronous technology
or telecommunications if such entity meets the conditions for
enrollment as an MDPP supplier (as specified in section
424.205(b) of title 42, Code of Federal Regulations (or a
successor regulation));
(2) if an entity participates in the MDPP in the manner
described in paragraph (1)--
(A) the administrative location of such entity
shall be the address of the entity on file under the
Diabetes Prevention Recognition Program; and
(B) in the case of online MDPP services furnished
by such entity to an MDPP beneficiary who was not
located in the same State as the entity at the time
such services were furnished, the entity shall not be
prohibited from submitting a claim for payment for such
services solely by reason of the location of such
beneficiary at such time; and
(3) no limit is applied on the number of times an
individual may enroll in the MDPP.
(b) Definitions.--In this section:
(1) MDPP.--The term ``MDPP'' means the Medicare Diabetes
Prevention Program conducted under section 1115A of the Social
Security Act (42 U.S.C. 1315a), as described in the final rule
published in the Federal Register entitled ``Medicare and
Medicaid Programs; CY 2024 Payment Policies Under the Physician
Fee Schedule and Other Changes to Part B Payment and Coverage
Policies; Medicare Shared Savings Program Requirements;
Medicare Advantage; Medicare and Medicaid Provider and Supplier
Enrollment Policies; and Basic Health Program'' (88 Fed. Reg.
78818 (November 16, 2023)) (or a successor regulation).
(2) Regulatory terms.--The terms ``Diabetes Prevention
Recognition Program'', ``full CDC DPRP recognition'', ``MDPP
beneficiary'', ``MDPP services'', and ``MDPP supplier'' have
the meanings given each such term in section 410.79(b) of title
42, Code of Federal Regulations.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 216. MEDICATION-INDUCED MOVEMENT DISORDER OUTREACH AND EDUCATION.
Not later than January 1, 2026, the Secretary shall use existing
communications mechanisms to provide education and outreach to
physicians and appropriate non-physician practitioners participating
under the Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) with respect to periodic screening for
medication-induced movement disorders that are associated with the
treatment of mental health disorders in at-risk patients, as well as
resources related to clinical guidelines and best practices for
furnishing such screening services through telehealth. Such education
and outreach shall include information on how to account for such
screening services in evaluation and management code selection. The
Secretary shall, to the extent practicable, seek input from relevant
stakeholders to inform such education and outreach. Such education and
outreach may also address other relevant screening services furnished
through telehealth, as the Secretary determines appropriate.
SEC. 217. REPORT ON WEARABLE MEDICAL DEVICES.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
technology assessment of, and submit to Congress a report on, the
capabilities and limitations of wearable medical devices used to
support clinical decision-making. Such report shall include a
description of--
(1) the potential for such devices to accurately prescribe
treatments;
(2) an examination of the benefits and challenges of
artificial intelligence to augment such capabilities; and
(3) policy options to enhance the benefits and mitigate
potential challenges of developing or using such devices.
SEC. 218. EXTENSION OF TEMPORARY INCLUSION OF AUTHORIZED ORAL ANTIVIRAL
DRUGS AS COVERED PART D DRUGS.
Section 1860D-2(e)(1)(C) of the Social Security Act (42 U.S.C.
1395w-102(e)(1)(C)) is amended by striking ``December 31, 2024'' and
inserting ``December 31, 2025''.
SEC. 219. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP AMOUNT.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2033'' and inserting
``2034''; and
(2) in clause (iii), by striking ``2033'' and inserting
``2034''.
SEC. 220. MULTIYEAR CONTRACTING AUTHORITY FOR MEDPAC AND MACPAC.
Section 3904 of title 41, United States Code, is amended by adding
at the end the following new subsections:
``(i) The Medicare Payment Advisory Commission.--The Medicare
Payment Advisory Commission may use available funds to enter into
contracts for the procurement of severable services for a period that
begins in one fiscal year and ends in the next fiscal year and may
enter into multiyear contracts for the acquisition of property and
services to the same extent as executive agencies under the authority
of sections 3902 and 3903 of this title.
``(j) The Medicaid and CHIP Payment and Access Commission.--The
Medicaid and CHIP Payment and Access Commission may use available funds
to enter into contracts for the procurement of severable services for a
period that begins in one fiscal year and ends in the next fiscal year
and may enter into multiyear contracts for the acquisition of property
and services to the same extent as executive agencies under the
authority of sections 3902 and 3903 of this title.''.
SEC. 221. CONTRACTING PARITY FOR MEDPAC AND MACPAC.
In fiscal year 2025 and thereafter, for all contracts for goods and
services to which the Medicare and Payment Advisory Commission or the
Medicaid and CHIP Payment and Access Commission is a party, the
following Federal Acquisition Regulation (FAR) clauses will apply: FAR
52.232-39 and FAR 52.233-4 (or a successor clause).
SEC. 222. ADJUSTMENTS TO MEDICARE PART D COST-SHARING REDUCTIONS FOR
LOW-INCOME INDIVIDUALS.
Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-
114(a)) is amended--
(1) in paragraph (1)(D)(ii), by striking ``that does not
exceed $1 for'' and all that follows through the period at the
end and inserting ``that does not exceed--
``(I) for a plan year before 2027--
``(aa) for a generic drug
or a preferred drug that is a
multiple source drug (as
defined in section
1927(k)(7)(A)(i)), $1 or, if
less, the copayment amount
applicable to an individual
under clause (iii); and
``(bb) for any other drug,
$3 or, if less, the copayment
amount applicable to an
individual under clause (iii);
and
``(II) for plan year 2027 and each
subsequent plan year--
``(aa) for a generic drug,
$0;
``(bb) for a preferred drug
that is a multiple source drug
(as defined in section
1927(k)(7)(A)(i)), the dollar
amount applied under this
clause for such a drug for the
preceding plan year, increased
by the annual percentage
increase in the consumer price
index (all items; U.S. city
average) as of September of
such preceding year, or, if
less, the copayment amount
applicable to an individual
under clause (iii); and
``(cc) for a drug not
described in either item (aa)
or (bb), the dollar amount
applied under this clause for
such a drug for the preceding
plan year, increased in the
manner specified in item (bb),
or, if less, the copayment
amount applicable to an
individual under clause (iii).
Any amount established under item (bb) or (cc)
of subclause (II), that is based on an increase
of $1 or $3, that is not a multiple of 5 cents
or 10 cents, respectively, shall be rounded to
the nearest multiple of 5 cents or 10 cents,
respectively.''; and
(2) in paragraph (4)(A)(ii), by inserting ``(before 2027)''
after ``a subsequent year''.
SEC. 223. REQUIRING ENHANCED AND ACCURATE LISTS OF (REAL) HEALTH
PROVIDERS ACT.
(a) In General.--Section 1852(c) of the Social Security Act (42
U.S.C. 1395w-22(c)) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``plan, and any'' and inserting
``plan, any''; and
(B) by inserting the following before the period at
the end: ``, and, in the case of a specified MA plan
(as defined in paragraph (3)(C)), for plan year 2027
and subsequent plan years, the information described in
paragraph (3)(B)''; and
(2) by adding at the end the following new paragraph:
``(3) Provider directory accuracy.--
``(A) In general.--For plan year 2027 and
subsequent plan years, each MA organization offering a
specified MA plan (as defined in subparagraph (C))
shall, for each such plan offered by the organization--
``(i) maintain, on a publicly available
internet website, an accurate provider
directory that includes the information
described in subparagraph (B);
``(ii) not less frequently than once every
90 days (or, in the case of a hospital or any
other facility determined appropriate by the
Secretary, at a lesser frequency specified by
the Secretary but in no case less frequently
than once every 12 months), verify the provider
directory information of each provider listed
in such directory and, if applicable, update
such provider directory information;
``(iii) if the organization is unable to
verify such information with respect to a
provider, include in such directory an
indication that the information of such
provider may not be up to date; and
``(iv) remove a provider from such
directory within 5 business days if the
organization determines that the provider is no
longer a provider participating in the network
of such plan.
``(B) Provider directory information.--The
information described in this subparagraph is
information enrollees may need to access covered
benefits from a provider with which such organization
offering such plan has an agreement for furnishing
items and services covered under such plan such as
name, specialty, contact information, primary office or
facility address, whether the provider is accepting new
patients, accommodations for people with disabilities,
cultural and linguistic capabilities, and telehealth
capabilities.
``(C) Specified ma plan.--In this paragraph, the
term `specified MA plan' means--
``(i) a network-based plan (as defined in
subsection (d)(5)(C)); or
``(ii) a Medicare Advantage private fee-
for-service plan (as defined in section
1859(b)(2)) that meets the access standards
under subsection (d)(4), in whole or in part,
through entering into contracts or agreements
as provided for under subparagraph (B) of such
subsection.''.
(b) Accountability for Provider Directory Accuracy.--
(1) Cost sharing for services furnished based on reliance
on incorrect provider directory information.--Section 1852(d)
of the Social Security Act (42 U.S.C. 1395w-22(d)) is amended--
(A) in paragraph (1)(C)--
(i) in clause (ii), by striking ``or'' at
the end;
(ii) in clause (iii), by striking the
semicolon at the end and inserting ``, or'';
and
(iii) by adding at the end the following
new clause:
``(iv) the services are furnished by a
provider that is not participating in the
network of a specified MA plan (as defined in
subsection (c)(3)(C)) but is listed in the
provider directory of such plan on the date on
which the appointment is made, as described in
paragraph (7)(A);''; and
(B) by adding at the end the following new
paragraph:
``(7) Cost sharing for services furnished based on reliance
on incorrect provider directory information.--
``(A) In general.--For plan year 2027 and
subsequent plan years, if an enrollee is furnished an
item or service by a provider that is not participating
in the network of a specified MA plan (as defined in
subsection (c)(3)(C)) but is listed in the provider
directory of such plan (as required to be provided to
an enrollee pursuant to subsection (c)(1)(C)) on the
date on which the appointment is made, and if such item
or service would otherwise be covered under such plan
if furnished by a provider that is participating in the
network of such plan, the MA organization offering such
plan shall ensure that the enrollee is only responsible
for the lesser of--
``(i) the amount of cost sharing that would
apply if such provider had been participating
in the network of such plan; or
``(ii) the amount of cost sharing that
would otherwise apply (without regard to this
subparagraph).
``(B) Notification requirement.--For plan year 2027
and subsequent plan years, each MA organization that
offers a specified MA plan shall--
``(i) notify enrollees of their cost-
sharing protections under this paragraph and
make such notifications, to the extent
practicable, by not later than the first day of
an annual, coordinated election period under
section 1851(e)(3) with respect to a year;
``(ii) include information regarding such
cost-sharing protections in the provider
directory of each specified MA plan offered by
the MA organization.; and
``(iii) notify enrollees of their cost-
sharing protections under this paragraph in an
explanation of benefits.''.
(2) Required provider directory accuracy analysis and
reports.--
(A) In general.--Section 1857(e) of the Social
Security Act (42 U.S.C. 1395w-27(e)) is amended by
adding at the end the following new paragraph:
``(6) Provider directory accuracy analysis and reports.--
``(A) In general.--Beginning with plan years
beginning on or after January 1, 2027, subject to
subparagraph (C), a contract under this section with an
MA organization shall require the organization, for
each specified MA plan (as defined in section
1852(c)(3)(C)) offered by the organization to annually
do the following:
``(i) Conduct an analysis estimating the
accuracy of the provider directory information
of such plan using a random sample of providers
included in such provider directory as follows:
``(I) Such a random sample shall
include a random sample of each
specialty of providers with a high
inaccuracy rate of provider directory
information relative to other
specialties of providers, as determined
by the Secretary.
``(II) For purposes of subclause
(I), one type of specialty may be
providers specializing in mental health
or substance use disorder treatment.
``(ii) Submit to the Secretary a report
containing the results of the analysis
conducted under clause (i), including an
accuracy score for such provider directory
information (as determined using a plan
verification method specified by the Secretary
under subparagraph (B)(i)).
``(B) Determination of accuracy score.--
``(i) In general.--The Secretary shall
specify plan verification methods, such as
using telephonic verification or other
approaches using data sources maintained by an
MA organization or using publicly available
data sets, that MA organizations may use for
estimating accuracy scores of the provider
directory information of specified MA plans
offered by such organizations.
``(ii) Accuracy score methodology.--With
respect to each such method specified by the
Secretary as described in clause (i), the
Secretary shall specify a methodology for MA
organizations to use in estimating such
accuracy scores. Each such methodology shall
take into account the administrative burden on
plans and providers and the relative importance
of certain provider directory information on
enrollee ability to access care.
``(C) Exception.--The Secretary may waive the
requirements of this paragraph in the case of a
specified MA plan with low enrollment (as defined by
the Secretary).
``(D) Transparency.--Beginning with plan years
beginning on or after January 1, 2028, the Secretary
shall post accuracy scores (as reported under
subparagraph (A)(ii)), in a machine readable file, on
the internet website of the Centers for Medicare &
Medicaid Services.''.
(B) Provision of information to beneficiaries.--
Section 1851(d)(4) of the Social Security Act (42
U.S.C. 1395w-21(d)(4)) is amended by adding at the end
the following new subparagraph:
``(F) Provider directory.--Beginning with plan
years beginning on or after January 1, 2028, the
accuracy score of the plan's provider directory (as
reported under section 1857(e)(6)(A)(ii)) listed
prominently on the plan's provider directory.''.
(C) Funding.--In addition to amounts otherwise
available, there is appropriated to the Centers for
Medicare & Medicaid Services Program Management
Account, out of any money in the Treasury not otherwise
appropriated, $4,000,000 for fiscal year 2025, to
remain available until expended, to carry out the
amendments made by this paragraph.
(3) GAO study and report.--
(A) Analysis.--The Comptroller General of the
United States (in this paragraph referred to as the
``Comptroller General'') shall conduct a study of the
implementation of the amendments made by paragraphs (1)
and (2). To the extent data are available and reliable,
such study shall include an analysis of--
(i) the use of cost-sharing protections
required under section 1852(d)(7)(A) of the
Social Security Act, as added by paragraph (1);
(ii) the trends in provider directory
information accuracy scores under section
1857(e)(6)(A)(ii) of the Social Security Act
(as added by paragraph (2)(A)), both overall
and among providers specializing in mental
health or substance use disorder treatment;
(iii) provider response rates by plan
verification methods;
(iv) administrative costs to providers and
Medicare Advantage organizations; and
(v) other items determined appropriate by
the Comptroller General.
(B) Report.--Not later than January 15, 2032, the
Comptroller General shall submit to Congress a report
containing the results of the study conducted under
subparagraph (A), together with recommendations for
such legislation and administrative action as the
Comptroller General determines appropriate.
(c) Guidance on Maintaining Accurate Provider Directories.--
(1) Stakeholder meeting.--
(A) In general.--Not later than 3 months after the
date of enactment of this Act, the Secretary of Health
and Human Services (referred to in this subsection as
the ``Secretary'') shall hold a public meeting to
receive input on approaches for maintaining accurate
provider directories for Medicare Advantage plans under
part C of title XVIII of the Social Security Act (42
U.S.C. 1395w-21 et seq.), including input on approaches
for reducing administrative burden, such as data
standardization, and best practices to maintain
accurate provider directory information.
(B) Participants.--Participants of the meeting
under subparagraph (A) shall include representatives
from the Centers for Medicare & Medicaid Services and
the Assistant Secretary for Technology Policy and
Office of the National Coordinator for Health
Information Technology. Such meeting shall be open to
the public. To the extent practicable, the Secretary
shall include health care providers, companies that
specialize in relevant technologies, health insurers,
and patient advocates.
(2) Guidance to medicare advantage organizations.--Not
later than 12 months after the date of enactment of this Act,
the Secretary shall issue guidance to Medicare Advantage
organizations offering Medicare Advantage plans under part C of
title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et
seq.) on maintaining accurate provider directories for such
plans, taking into consideration input received during the
stakeholder meeting under paragraph (1). Such guidance may
include the following, as determined appropriate by the
Secretary:
(A) Best practices for Medicare Advantage
organizations on how to work with providers to maintain
the accuracy of provider directories and reduce
provider and Medicare Advantage organization burden
with respect to maintaining the accuracy of provider
directories.
(B) Information on data sets and data sources with
information that could be used by Medicare Advantage
organizations to maintain accurate provider
directories.
(C) Approaches for utilizing data sources
maintained by Medicare Advantage organizations and
publicly available data sets to maintain accurate
provider directories.
(D) Information to be included in provider
directories that may be useful for Medicare
beneficiaries to assess plan networks when selecting a
plan and accessing providers participating in plan
networks during the plan year.
(3) Guidance to part b providers.--Not later than 12 months
after the date of enactment of this Act, the Secretary shall
issue guidance to providers of services and suppliers who
furnish items or services for which benefits are available
under part B of title XVIII of the Social Security Act (42
U.S.C. 1395j et seq.) on when to update the National Plan and
Provider Enumeration System for information changes.
SEC. 224. MEDICARE COVERAGE OF MULTI-CANCER EARLY DETECTION SCREENING
TESTS.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking the semicolon at the end of
subparagraph (JJ) and inserting ``; and''; and
(B) by adding at the end the following new
subparagraph:
``(KK) multi-cancer early detection screening tests
(as defined in subsection (nnn));''; and
(2) by adding at the end the following new subsection:
``(nnn) Multi-cancer Early Detection Screening Tests.--
``(1) In general.--The term `multi-cancer early detection
screening test' means a test furnished to an individual for the
concurrent detection of multiple cancer types across multiple
organ sites on or after January 1, 2029, that--
``(A) is cleared under section 510(k), classified
under section 513(f)(2), or approved under section 515
of the Federal Food, Drug, and Cosmetic Act;
``(B) is--
``(i) a genomic sequencing blood or blood
product test that includes the analysis of
cell-free nucleic acids; or
``(ii) a test based on samples of
biological material that provide results
comparable to those obtained with a test
described in clause (i), as determined by the
Secretary; and
``(C) the Secretary determines is--
``(i) reasonable and necessary for the
prevention or early detection of an illness or
disability; and
``(ii) appropriate for individuals entitled
to benefits under part A or enrolled under part
B.
``(2) NCD process.--In making determinations under
paragraph (1)(C) regarding the coverage of a new test, the
Secretary shall use the process for making national coverage
determinations (as defined in section 1869(f)(1)(B)) under this
title.''.
(b) Payment and Standards for Multi-cancer Early Detection
Screening Tests.--
(1) In general.--Section 1834 of the Social Security Act
(42 U.S.C. 1395m) is amended by adding at the end the following
new subsection:
``(aa) Payment and Standards for Multi-cancer Early Detection
Screening Tests.--
``(1) Payment amount.--The payment amount for a multi-
cancer early detection screening test (as defined in section
1861(nnn)) is--
``(A) with respect to such a test furnished before
January 1, 2031, equal to the payment amount in effect
on the date of the enactment of this subsection for a
multi-target stool screening DNA test covered pursuant
to section 1861(pp)(1)(D); and
``(B) with respect to such a test furnished on or
after January 1, 2031, equal to the lesser of--
``(i) the amount described in subparagraph
(A); or
``(ii) the payment amount determined for
such test under section 1834A.
``(2) Limitations.--
``(A) In general.--No payment may be made under
this part for a multi-cancer early detection screening
test furnished during a year to an individual if--
``(i) such individual--
``(I) is under 50 years of age; or
``(II) as of January 1 of such
year, has attained the age specified in
subparagraph (B) for such year; or
``(ii) such a test was furnished to the
individual during the previous 11 months.
``(B) Age specified.--For purposes of subparagraph
(A)(i)(II), the age specified in this subparagraph is--
``(i) for 2029, 65 years of age; and
``(ii) for a succeeding year, the age
specified in this subparagraph for the
preceding year, increased by 1 year.
``(C) Standards following uspstf rating of a or
b.--In the case of a multi-cancer early detection
screening test that is recommended with a grade of A or
B by the United States Preventive Services Task Force,
beginning on the date on which coverage for such test
is provided pursuant to section 1861(ddd)(1), the
preceding provisions of this paragraph shall not
apply.''.
(2) Conforming amendments.--
(A) Section 1833 of the Social Security Act (42
U.S.C. 1395l) is amended--
(i) in subsection (a)--
(I) in paragraph (1)(D)(i)(I), by
striking ``section 1834(d)(1)'' and
inserting ``subsection (d)(1) or (aa)
of section 1834''; and
(II) in paragraph (2)(D)(i)(I), by
striking ``section 1834(d)(1)'' and
inserting ``subsection (d)(1) or (aa)
of section 1834''; and
(ii) in subsection (h)(1)(A), by striking
``section 1834(d)(1)'' and inserting
``subsections (d)(1) and (aa) of section
1834''.
(B) Section 1862(a)(1)(A) of the Social Security
Act (42 U.S.C. 1395y(a)(1)(A)) is amended--
(i) by striking ``or additional preventive
services'' and inserting ``, additional
preventive services''; and
(ii) by inserting ``, or multi-cancer early
detection screening tests (as defined in
section 1861(nnn))'' after ``(as described in
section 1861(ddd)(1))''.
(c) Rule of Construction Relating to Other Cancer Screening
Tests.--Nothing in this section, including the amendments made by this
section, shall be construed--
(1) in the case of an individual who undergoes a multi-
cancer early detection screening test, to affect coverage under
part B of title XVIII of the Social Security Act for other
cancer screening tests covered under such title, such as
screening tests for breast, cervical, colorectal, lung, or
prostate cancer; or
(2) in the case of an individual who undergoes another
cancer screening test, to affect coverage under such part for a
multi-cancer early detection screening test or the use of such
a test as a diagnostic or confirmatory test for a result of the
other cancer screening test.
SEC. 225. MEDICARE COVERAGE OF EXTERNAL INFUSION PUMPS AND NON-SELF-
ADMINISTRABLE HOME INFUSION DRUGS.
(a) In General.--Section 1861(n) of the Social Security Act (42
U.S.C. 1395x(n)) is amended by adding at the end the following new
sentence: ``Beginning with the first calendar quarter beginning on or
after the date that is 1 year after the date of the enactment of this
sentence, an external infusion pump and associated home infusion drug
(as defined in subsection (iii)(3)(C)) or other associated supplies
that do not meet the appropriate for use in the home requirement
applied to the definition of durable medical equipment under section
414.202 of title 42, Code of Federal Regulations (or any successor to
such regulation) shall be treated as meeting such requirement if each
of the following criteria is satisfied:
``(1) The prescribing information approved by the Food and
Drug Administration for the home infusion drug associated with
the pump instructs that the drug should be administered by or
under the supervision of a health care professional.
``(2) A qualified home infusion therapy supplier (as
defined in subsection (iii)(3)(D)) administers or supervises
the administration of the drug or biological in a safe and
effective manner in the patient's home (as defined in
subsection (iii)(3)(B)).
``(3) The prescribing information described in paragraph
(1) instructs that the drug should be infused at least 12 times
per year--
``(A) intravenously or subcutaneously; or
``(B) at infusion rates that the Secretary
determines would require the use of an external
infusion pump.''.
(b) Cost Sharing Notification.--The Secretary of Health and Human
Services shall ensure that patients are notified of the cost sharing
for electing home infusion therapy compared to other applicable
settings of care for the furnishing of infusion drugs under the
Medicare program.
SEC. 226. ASSURING PHARMACY ACCESS AND CHOICE FOR MEDICARE
BENEFICIARIES.
(a) In General.--Section 1860D-4(b)(1) of the Social Security Act
(42 U.S.C. 1395w-104(b)(1)) is amended by striking subparagraph (A) and
inserting the following:
``(A) In general.--
``(i) Participation of any willing
pharmacy.--A PDP sponsor offering a
prescription drug plan shall permit any
pharmacy that meets the standard contract terms
and conditions under such plan to participate
as a network pharmacy of such plan.
``(ii) Contract terms and conditions.--
``(I) In general.--Notwithstanding
any other provision of law, for plan
years beginning on or after January 1,
2028, in accordance with clause (i),
contract terms and conditions offered
by such PDP sponsor shall be reasonable
and relevant according to standards
established by the Secretary under
subclause (II).
``(II) Standards.--Not later than
the first Monday in April of 2027, the
Secretary shall establish standards for
reasonable and relevant contract terms
and conditions for purposes of this
clause.
``(III) Request for information.--
Not later than April 1, 2026, for
purposes of establishing the standards
under subclause (II), the Secretary
shall issue a request for information
to seek input on trends in prescription
drug plan and network pharmacy contract
terms and conditions, current
prescription drug plan and network
pharmacy contracting practices, whether
pharmacy reimbursement and dispensing
fees paid by PDP sponsors to network
pharmacies sufficiently cover the
ingredient and operational costs of
such pharmacies, the use and
application of pharmacy quality
measures by PDP sponsors for network
pharmacies, PDP sponsor restrictions or
limitations on the dispensing of
covered part D drugs by network
pharmacies (or any subsets of such
pharmacies), PDP sponsor auditing
practices for network pharmacies, areas
in current regulations or program
guidance related to contracting between
prescription drug plans and network
pharmacies requiring clarification or
additional specificity, factors for
consideration in determining the
reasonableness and relevance of
contract terms and conditions between
prescription drug plans and network
pharmacies, and other issues as
determined appropriate by the
Secretary.''.
(b) Essential Retail Pharmacies.--Section 1860D-42 of the Social
Security Act (42 U.S.C. 1395w-152) is amended by adding at the end the
following new subsection:
``(e) Essential Retail Pharmacies.--
``(1) In general.--With respect to plan years beginning on
or after January 1, 2028, the Secretary shall publish reports,
at least once every 2 years until 2034, and periodically
thereafter, that provide information, to the extent feasible,
on--
``(A) trends in ingredient cost reimbursement,
dispensing fees, incentive payments and other fees paid
by PDP sponsors offering prescription drug plans and MA
organizations offering MA-PD plans under this part to
essential retail pharmacies (as defined in paragraph
(2)) with respect to the dispensing of covered part D
drugs, including a comparison of such trends between
essential retail pharmacies and pharmacies that are not
essential retail pharmacies;
``(B) trends in amounts paid to PDP sponsors
offering prescription drug plans and MA organizations
offering MA-PD plans under this part by essential
retail pharmacies with respect to the dispensing of
covered part D drugs, including a comparison of such
trends between essential retail pharmacies and
pharmacies that are not essential retail pharmacies;
``(C) trends in essential retail pharmacy
participation in pharmacy networks and preferred
pharmacy networks for prescription drug plans offered
by PDP sponsors and MA-PD plans offered by MA
organizations under this part, including a comparison
of such trends between essential retail pharmacies and
pharmacies that are not essential retail pharmacies;
``(D) trends in the number of essential retail
pharmacies, including variation in such trends by
geographic region or other factors;
``(E) a comparison of cost-sharing for covered part
D drugs dispensed by essential retail pharmacies that
are network pharmacies for prescription drug plans
offered by PDP sponsors and MA-PD plans offered by MA
organizations under this part and cost-sharing for
covered part D drugs dispensed by other network
pharmacies for such plans located in similar geographic
areas that are not essential retail pharmacies;
``(F) a comparison of the volume of covered part D
drugs dispensed by essential retail pharmacies that are
network pharmacies for prescription drug plans offered
by PDP sponsors and MA-PD plans offered by MA
organizations under this part and such volume of
dispensing by network pharmacies for such plans located
in similar geographic areas that are not essential
retail pharmacies, including information on any
patterns or trends in such comparison specific to
certain types of covered part D drugs, such as generic
drugs or drugs specified as specialty drugs by a PDP
sponsor under a prescription drug plan or an MA
organization under an MA-PD plan; and
``(G) a comparison of the information described in
subparagraphs (A) through (F) between essential retail
pharmacies that are network pharmacies for prescription
drug plans offered by PDP sponsors under this part and
essential retail pharmacies that are network pharmacies
for MA-PD plans offered by MA organizations under this
part.
``(2) Definition of essential retail pharmacy.--In this
subsection, the term `essential retail pharmacy' means, with
respect to a plan year, a retail pharmacy that--
``(A) is not a pharmacy that is an affiliate as
defined in paragraph (4); and
``(B) is located in--
``(i) a medically underserved area (as
designated pursuant to section 330(b)(3)(A) of
the Public Health Service Act);
``(ii) a rural area in which there is no
other retail pharmacy within 10 miles, as
determined by the Secretary;
``(iii) a suburban area in which there is
no other retail pharmacy within 2 miles, as
determined by the Secretary; or
``(iv) an urban area in which there is no
other retail pharmacy within 1 mile, as
determined by the Secretary.
``(3) List of essential retail pharmacies.--
``(A) Publication of list of essential retail
pharmacies.--For each plan year (beginning with plan
year 2028), the Secretary shall publish, on a publicly
available internet website of the Centers for Medicare
& Medicaid Services, a list of pharmacies that meet the
criteria described in subparagraphs (A) and (B) of
paragraph (2) to be considered an essential retail
pharmacy.
``(B) Required submissions from pdp sponsors.--For
each plan year (beginning with plan year 2028), each
PDP sponsor offering a prescription drug plan and each
MA organization offering an MA-PD plan shall submit to
the Secretary, for the purposes of determining retail
pharmacies that meet the criterion specified in
subparagraph (A) of paragraph (2), a list of retail
pharmacies that are affiliates of such sponsor or
organization, or are affiliates of a pharmacy benefit
manager acting on behalf of such sponsor or
organization, at a time, and in a form and manner,
specified by the Secretary.
``(C) Reporting by pdp sponsors and ma
organizations.--For each plan year beginning with plan
year 2027, each PDP sponsor offering a prescription
drug plan and each MA organization offering an MA-PD
plan under this part shall submit to the Secretary
information on incentive payments and other fees paid
by such sponsor or organization to pharmacies, insofar
as any such payments or fees are not otherwise
reported, at a time, and in a form and manner,
specified by the Secretary.
``(D) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.
``(E) Nonapplication of paperwork reduction act.--
Chapter 35 of title 44, United States Code, shall not
apply to the implementation of this paragraph.
``(4) Definition of affiliate; pharmacy benefit manager.--
In this subsection, the terms `affiliate' and `pharmacy benefit
manager' have the meaning given those terms in section 1860D-
12(h)(7).''.
(c) Enforcement.--
(1) In general.--Section 1860D-4(b)(1) of the Social
Security Act (42 U.S.C. 1395w-104(b)(1)) is amended by adding
at the end the following new subparagraph:
``(F) Enforcement of standards for reasonable and
relevant contract terms and conditions.--
``(i) Allegation submission process.--
``(I) In general.--Not later than
January 1, 2028, the Secretary shall
establish a process through which a
pharmacy may submit to the Secretary an
allegation of a violation by a PDP
sponsor offering a prescription drug
plan of the standards for reasonable
and relevant contract terms and
conditions under subparagraph (A)(ii),
or of subclause (VIII) of this clause.
``(II) Frequency of submission.--
``(aa) In general.--Except
as provided in item (bb), the
allegation submission process
under this clause shall allow
pharmacies to submit any
allegations of violations
described in subclause (I) not
more frequently than once per
plan year per contract between
a pharmacy and a PDP sponsor.
``(bb) Allegations relating
to contract modifications.--In
the case where a contract
between a pharmacy and a PDP
sponsor is modified following
the submission of allegations
by a pharmacy with respect to
such contract and plan year,
the allegation submission
process under this clause shall
allow such pharmacy to submit
an additional allegation
related to those modifications
with respect to such contract
and plan year.
``(III) Access to relevant
documents and materials.--A PDP sponsor
subject to an allegation under this
clause--
``(aa) shall provide
documents or materials, as
specified by the Secretary,
including contract offers made
by such sponsor to such
pharmacy or correspondence
related to such offers, to the
Secretary at a time, and in a
form and manner, specified by
the Secretary; and
``(bb) shall not prohibit
or otherwise limit the ability
of a pharmacy to submit such
documents or materials to the
Secretary for the purpose of
submitting an allegation or
providing evidence for such an
allegation under this clause.
``(IV) Standardized template.--The
Secretary shall establish a
standardized template for pharmacies to
use for the submission of allegations
described in subclause (I). Such
template shall require that the
submission include a certification by
the pharmacy that the information
included is accurate, complete, and
true to the best of the knowledge,
information, and belief of such
pharmacy.
``(V) Preventing frivolous
allegations.--In the case where the
Secretary determines that a pharmacy
has submitted frivolous allegations
under this clause on a routine basis,
the Secretary may temporarily prohibit
such pharmacy from using the allegation
submission process under this clause,
as determined appropriate by the
Secretary.
``(VI) Exemption from freedom of
information act.--Allegations submitted
under this clause shall be exempt from
disclosure under section 552 of title
5, United States Code.
``(VII) Rule of construction.--
Nothing in this clause shall be
construed as limiting the ability of a
pharmacy to pursue other legal actions
or remedies, consistent with applicable
Federal or State law, with respect to a
potential violation of a requirement
described in this subparagraph.
``(VIII) Anti-retaliation and anti-
coercion.--Consistent with applicable
Federal or State law, a PDP sponsor
shall not--
``(aa) retaliate against a
pharmacy for submitting any
allegations under this clause;
or
``(bb) coerce, intimidate,
threaten, or interfere with the
ability of a pharmacy to submit
any such allegations.
``(ii) Investigation.--The Secretary shall
investigate, as determined appropriate by the
Secretary, allegations submitted pursuant to
clause (i).
``(iii) Enforcement.--
``(I) In general.--In the case
where the Secretary determines that a
PDP sponsor offering a prescription
drug plan has violated the standards
for reasonable and relevant contract
terms and conditions under subparagraph
(A)(ii), the Secretary may use
authorities under sections 1857(g) and
1860D-12(b)(3)(E) to impose civil
monetary penalties or other
intermediate sanctions.
``(II) Application of civil
monetary penalties.--The provisions of
section 1128A (other than subsections
(a) and (b)) shall apply to a civil
monetary penalty under this clause in
the same manner as such provisions
apply to a penalty or proceeding under
section 1128A(a).''.
(2) Conforming amendment.--Section 1857(g)(1) of the Social
Security Act (42 U.S.C. 1395w-27(g)(1)) is amended--
(A) in subparagraph (J), by striking ``or'' after
the semicolon;
(B) by redesignating subparagraph (K) as
subparagraph (L);
(C) by inserting after subparagraph (J), the
following new subparagraph:
``(K) fails to comply with the standards for
reasonable and relevant contract terms and conditions
under subparagraph (A)(ii) of section 1860D-4(b)(1);
or'';
(D) in subparagraph (L), as redesignated by
subparagraph (B), by striking ``through (J)'' and
inserting ``through (K)''; and
(E) in the flush matter following subparagraph (L),
as so redesignated, by striking ``subparagraphs (A)
through (K)'' and inserting ``subparagraphs (A) through
(L)''.
(d) Accountability of Pharmacy Benefit Managers for Violations of
Reasonable and Relevant Contract Terms and Conditions.--
(1) In general.--Section 1860D-12(b) of the Social Security
Act (42 U.S.C. 1395w-112) is amended by adding at the end the
following new paragraph:
``(9) Accountability of pharmacy benefit managers for
violations of reasonable and relevant contract terms and
conditions.--For plan years beginning on or after January 1,
2028, each contract entered into with a PDP sponsor under this
part with respect to a prescription drug plan offered by such
sponsor shall provide that any pharmacy benefit manager acting
on behalf of such sponsor has a written agreement with the PDP
sponsor under which the pharmacy benefit manager agrees to
reimburse the PDP sponsor for any amounts paid by such sponsor
under section 1860D-4(b)(1)(F)(iii)(I) to the Secretary as a
result of a violation described in such section if such
violation is related to a responsibility delegated to the
pharmacy benefit manager by such PDP sponsor.''.
(2) MA-PD plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the end
the following new subparagraph:
``(F) Accountability of pharmacy benefit managers
for violations of reasonable and relevant contract
terms.--For plan years beginning on or after January 1,
2028, section 1860D-12(b)(9).''.
(e) Biennial Report on Enforcement and Oversight of Pharmacy Access
Requirements.--Section 1860D-42 of the Social Security Act (42 U.S.C.
1395w-152), as amended by subsection (b), is amended by adding at the
end the following new subsection:
``(f) Biennial Report on Enforcement and Oversight of Pharmacy
Access Requirements.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, and at least once every 2 years
thereafter, the Secretary shall publish a report on enforcement
and oversight actions and activities undertaken by the
Secretary with respect to the requirements under section 1860D-
4(b)(1).
``(2) Limitation.--A report under paragraph (1) shall not
disclose--
``(A) identifiable information about individuals or
entities unless such information is otherwise publicly
available; or
``(B) trade secrets with respect to any
entities.''.
(f) Funding.--In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services Program
Management Account, out of any money in the Treasury not otherwise
appropriated, $188,000,000 for fiscal year 2025, to remain available
until expended, to carry out this section.
SEC. 227. MODERNIZING AND ENSURING PBM ACCOUNTABILITY.
(a) In General.--
(1) Prescription drug plans.--Section 1860D-12 of the
Social Security Act (42 U.S.C. 1395w-112) is amended by adding
at the end the following new subsection:
``(h) Requirements Relating to Pharmacy Benefit Managers.--For plan
years beginning on or after January 1, 2028:
``(1) Agreements with pharmacy benefit managers.--Each
contract entered into with a PDP sponsor under this part with
respect to a prescription drug plan offered by such sponsor
shall provide that any pharmacy benefit manager acting on
behalf of such sponsor has a written agreement with the PDP
sponsor under which the pharmacy benefit manager, and any
affiliates of such pharmacy benefit manager, as applicable,
agree to meet the following requirements:
``(A) No income other than bona fide service
fees.--
``(i) In general.--The pharmacy benefit
manager and any affiliate of such pharmacy
benefit manager shall not derive any
remuneration with respect to any services
provided on behalf of any entity or individual,
in connection with the utilization of covered
part D drugs, from any such entity or
individual other than bona fide service fees,
subject to clauses (ii) and (iii).
``(ii) Incentive payments.--For the
purposes of this subsection, an incentive
payment (as determined by the Secretary) paid
by a PDP sponsor to a pharmacy benefit manager
that is performing services on behalf of such
sponsor shall be deemed a `bona fide service
fee' (even if such payment does not otherwise
meet the definition of such term under
paragraph (7)(B)) if such payment is a flat
dollar amount, is consistent with fair market
value (as specified by the Secretary), is
related to services actually performed by the
pharmacy benefit manager or affiliate of such
pharmacy benefit manager, on behalf of the PDP
sponsor making such payment, in connection with
the utilization of covered part D drugs, and
meets additional requirements, if any, as
determined appropriate by the Secretary.
``(iii) Clarification on rebates and
discounts used to lower costs for covered part
d drugs.--Rebates, discounts, and other price
concessions received by a pharmacy benefit
manager or an affiliate of a pharmacy benefit
manager from manufacturers, even if such price
concessions are calculated as a percentage of a
drug's price, shall not be considered a
violation of the requirements of clause (i) if
they are fully passed through to a PDP sponsor
and are compliant with all regulatory and
subregulatory requirements related to direct
and indirect remuneration for manufacturer
rebates under this part, including in cases
where a PDP sponsor is acting as a pharmacy
benefit manager on behalf of a prescription
drug plan offered by such PDP sponsor.
``(iv) Evaluation of remuneration
arrangements.--Components of subsets of
remuneration arrangements (such as fees or
other forms of compensation paid to or retained
by the pharmacy benefit manager or affiliate of
such pharmacy benefit manager), as determined
appropriate by the Secretary, between pharmacy
benefit managers or affiliates of such pharmacy
benefit managers, as applicable, and other
entities involved in the dispensing or
utilization of covered part D drugs (including
PDP sponsors, manufacturers, pharmacies, and
other entities as determined appropriate by the
Secretary) shall be subject to review by the
Secretary, in consultation with the Office of
the Inspector General of the Department of
Health and Human Services, as determined
appropriate by the Secretary. The Secretary, in
consultation with the Office of the Inspector
General, shall review whether remuneration
under such arrangements is consistent with fair
market value (as specified by the Secretary)
through reviews and assessments of such
remuneration, as determined appropriate.
``(v) Disgorgement.--The pharmacy benefit
manager shall disgorge any remuneration paid to
such pharmacy benefit manager or an affiliate
of such pharmacy benefit manager in violation
of this subparagraph to the PDP sponsor.
``(vi) Additional requirements.--The
pharmacy benefit manager shall--
``(I) enter into a written
agreement with any affiliate of such
pharmacy benefit manager, under which
the affiliate shall identify and
disgorge any remuneration described in
clause (v) to the pharmacy benefit
manager; and
``(II) attest, subject to any
requirements determined appropriate by
the Secretary, that the pharmacy
benefit manager has entered into a
written agreement described in
subclause (I) with any relevant
affiliate of the pharmacy benefit
manager.
``(B) Transparency regarding guarantees and cost
performance evaluations.--The pharmacy benefit manager
shall--
``(i) define, interpret, and apply, in a
fully transparent and consistent manner for
purposes of calculating or otherwise evaluating
pharmacy benefit manager performance against
pricing guarantees or similar cost performance
measurements related to rebates, discounts,
price concessions, or net costs, terms such
as--
``(I) `generic drug', in a manner
consistent with the definition of the
term under section 423.4 of title 42,
Code of Federal Regulations, or a
successor regulation;
``(II) `brand name drug', in a
manner consistent with the definition
of the term under section 423.4 of
title 42, Code of Federal Regulations,
or a successor regulation;
``(III) `specialty drug';
``(IV) `rebate'; and
``(V) `discount';
``(ii) identify any drugs, claims, or price
concessions excluded from any pricing guarantee
or other cost performance measure in a clear
and consistent manner; and
``(iii) where a pricing guarantee or other
cost performance measure is based on a pricing
benchmark other than the wholesale acquisition
cost (as defined in section 1847A(c)(6)(B)) of
a drug, calculate and provide a wholesale
acquisition cost-based equivalent to the
pricing guarantee or other cost performance
measure.
``(C) Provision of information.--
``(i) In general.--Not later than July 1 of
each year, beginning in 2028, the pharmacy
benefit manager shall submit to the PDP
sponsor, and to the Secretary, a report, in
accordance with this subparagraph, and shall
make such report available to such sponsor at
no cost to such sponsor in a format specified
by the Secretary under paragraph (5). Each such
report shall include, with respect to such PDP
sponsor and each plan offered by such sponsor,
the following information with respect to the
previous plan year:
``(I) A list of all drugs covered
by the plan that were dispensed
including, with respect to each such
drug--
``(aa) the brand name,
generic or non-proprietary
name, and National Drug Code;
``(bb) the number of plan
enrollees for whom the drug was
dispensed, the total number of
prescription claims for the
drug (including original
prescriptions and refills,
counted as separate claims),
and the total number of dosage
units of the drug dispensed;
``(cc) the number of
prescription claims described
in item (bb) by each type of
dispensing channel through
which the drug was dispensed,
including retail, mail order,
specialty pharmacy, long term
care pharmacy, home infusion
pharmacy, or other types of
pharmacies or providers;
``(dd) the average
wholesale acquisition cost,
listed as cost per day's
supply, cost per dosage unit,
and cost per typical course of
treatment (as applicable);
``(ee) the average
wholesale price for the drug,
listed as price per day's
supply, price per dosage unit,
and price per typical course of
treatment (as applicable);
``(ff) the total out-of-
pocket spending by plan
enrollees on such drug after
application of any benefits
under the plan, including plan
enrollee spending through
copayments, coinsurance, and
deductibles;
``(gg) total rebates paid
by the manufacturer on the drug
as reported under the Detailed
DIR Report (or any successor
report) submitted by such
sponsor to the Centers for
Medicare & Medicaid Services;
``(hh) all other direct or
indirect remuneration on the
drug as reported under the
Detailed DIR Report (or any
successor report) submitted by
such sponsor to the Centers for
Medicare & Medicaid Services;
``(ii) the average pharmacy
reimbursement amount paid by
the plan for the drug in the
aggregate and disaggregated by
dispensing channel identified
in item (cc);
``(jj) the average National
Average Drug Acquisition Cost
(NADAC); and
``(kk) total manufacturer-
derived revenue, inclusive of
bona fide service fees,
attributable to the drug and
retained by the pharmacy
benefit manager and any
affiliate of such pharmacy
benefit manager.
``(II) In the case of a pharmacy
benefit manager that has an affiliate
that is a retail, mail order, or
specialty pharmacy, with respect to
drugs covered by such plan that were
dispensed, the following information:
``(aa) The percentage of
total prescriptions that were
dispensed by pharmacies that
are an affiliate of the
pharmacy benefit manager for
each drug.
``(bb) The interquartile
range of the total combined
costs paid by the plan and plan
enrollees, per dosage unit, per
course of treatment, per 30-day
supply, and per 90-day supply
for each drug dispensed by
pharmacies that are not an
affiliate of the pharmacy
benefit manager and that are
included in the pharmacy
network of such plan.
``(cc) The interquartile
range of the total combined
costs paid by the plan and plan
enrollees, per dosage unit, per
course of treatment, per 30-day
supply, and per 90-day supply
for each drug dispensed by
pharmacies that are an
affiliate of the pharmacy
benefit manager and that are
included in the pharmacy
network of such plan.
``(dd) The lowest total
combined cost paid by the plan
and plan enrollees, per dosage
unit, per course of treatment,
per 30-day supply, and per 90-
day supply, for each drug that
is available from any pharmacy
included in the pharmacy
network of such plan.
``(ee) The difference
between the average acquisition
cost of the affiliate, such as
a pharmacy or other entity that
acquires prescription drugs,
that initially acquires the
drug and the amount reported
under subclause (I)(jj) for
each drug.
``(ff) A list inclusive of
the brand name, generic or non-
proprietary name, and National
Drug Code of covered part D
drugs subject to an agreement
with a covered entity under
section 340B of the Public
Health Service Act for which
the pharmacy benefit manager or
an affiliate of the pharmacy
benefit manager had a contract
or other arrangement with such
a covered entity in the service
area of such plan.
``(III) Where a drug approved under
section 505(c) of the Federal Food,
Drug, and Cosmetic Act (referred to in
this subclause as the `listed drug') is
covered by the plan, the following
information:
``(aa) A list of currently
marketed generic drugs approved
under section 505(j) of the
Federal Food, Drug, and
Cosmetic Act pursuant to an
application that references
such listed drug that are not
covered by the plan, are
covered on the same formulary
tier or a formulary tier
typically associated with
higher cost-sharing than the
listed drug, or are subject to
utilization management that the
listed drug is not subject to.
``(bb) The estimated
average beneficiary cost-
sharing under the plan for a
30-day supply of the listed
drug.
``(cc) Where a generic drug
listed under item (aa) is on a
formulary tier typically
associated with higher cost-
sharing than the listed drug,
the estimated average cost-
sharing that a beneficiary
would have paid for a 30-day
supply of each of the generic
drugs described in item (aa),
had the plan provided coverage
for such drugs on the same
formulary tier as the listed
drug.
``(dd) A written
justification for providing
more favorable coverage of the
listed drug than the generic
drugs described in item (aa).
``(ee) The number of
currently marketed generic
drugs approved under section
505(j) of the Federal Food,
Drug, and Cosmetic Act pursuant
to an application that
references such listed drug.
``(IV) Where a reference product
(as defined in section 351(i) of the
Public Health Service Act) is covered
by the plan, the following information:
``(aa) A list of currently
marketed biosimilar biological
products licensed under section
351(k) of the Public Health
Service Act pursuant to an
application that refers to such
reference product that are not
covered by the plan, are
covered on the same formulary
tier or a formulary tier
typically associated with
higher cost-sharing than the
reference product, or are
subject to utilization
management that the reference
product is not subject to.
``(bb) The estimated
average beneficiary cost-
sharing under the plan for a
30-day supply of the reference
product.
``(cc) Where a biosimilar
biological product listed under
item (aa) is on a formulary
tier typically associated with
higher cost-sharing than the
reference product, the
estimated average cost-sharing
that a beneficiary would have
paid for a 30-day supply of
each of the biosimilar
biological products described
in item (aa), had the plan
provided coverage for such
products on the same formulary
tier as the reference product.
``(dd) A written
justification for providing
more favorable coverage of the
reference product than the
biosimilar biological product
described in item (aa).
``(ee) The number of
currently marketed biosimilar
biological products licensed
under section 351(k) of the
Public Health Service Act,
pursuant to an application that
refers to such reference
product.
``(V) Total gross spending on
covered part D drugs by the plan, not
net of rebates, fees, discounts, or
other direct or indirect remuneration.
``(VI) The total amount retained by
the pharmacy benefit manager or an
affiliate of such pharmacy benefit
manager in revenue related to
utilization of covered part D drugs
under that plan, inclusive of bona fide
service fees.
``(VII) The total spending on
covered part D drugs net of rebates,
fees, discounts, or other direct and
indirect remuneration by the plan.
``(VIII) An explanation of any
benefit design parameters under such
plan that encourage plan enrollees to
fill prescriptions at pharmacies that
are an affiliate of such pharmacy
benefit manager, such as mail and
specialty home delivery programs, and
retail and mail auto-refill programs.
``(IX) The following information:
``(aa) A list of all
brokers, consultants, advisors,
and auditors that receive
compensation from the pharmacy
benefit manager or an affiliate
of such pharmacy benefit
manager for referrals,
consulting, auditing, or other
services offered to PDP
sponsors related to pharmacy
benefit management services.
``(bb) The amount of
compensation provided by such
pharmacy benefit manager or
affiliate to each such broker,
consultant, advisor, and
auditor.
``(cc) The methodology for
calculating the amount of
compensation provided by such
pharmacy benefit manager or
affiliate, for each such
broker, consultant, advisor,
and auditor.
``(X) A list of all affiliates of
the pharmacy benefit manager.
``(XI) A summary document submitted
in a standardized template developed by
the Secretary that includes such
information described in subclauses (I)
through (X).
``(ii) Written explanation of contracts or
agreements with drug manufacturers.--
``(I) In general.--The pharmacy
benefit manager shall, not later than
30 days after the finalization of any
contract or agreement between such
pharmacy benefit manager or an
affiliate of such pharmacy benefit
manager and a drug manufacturer (or
subsidiary, agent, or entity affiliated
with such drug manufacturer) that makes
rebates, discounts, payments, or other
financial incentives related to one or
more covered part D drugs or other
prescription drugs, as applicable, of
the manufacturer directly or indirectly
contingent upon coverage, formulary
placement, or utilization management
conditions on any other covered part D
drugs or other prescription drugs, as
applicable, submit to the PDP sponsor a
written explanation of such contract or
agreement.
``(II) Requirements.--A written
explanation under subclause (I) shall--
``(aa) include the
manufacturer subject to the
contract or agreement, all
covered part D drugs and other
prescription drugs, as
applicable, subject to the
contract or agreement and the
manufacturers of such drugs,
and a high-level description of
the terms of such contract or
agreement and how such terms
apply to such drugs; and
``(bb) be certified by the
Chief Executive Officer, Chief
Financial Officer, or General
Counsel of such pharmacy
benefit manager, or affiliate
of such pharmacy benefit
manager, as applicable, or an
individual delegated with the
authority to sign on behalf of
one of these officers, who
reports directly to the
officer.
``(III) Definition of other
prescription drugs.--For purposes of
this clause, the term `other
prescription drugs' means prescription
drugs covered as supplemental benefits
under this part or prescription drugs
paid outside of this part.
``(D) Audit rights.--
``(i) In general.--Not less than once a
year, at the request of the PDP sponsor, the
pharmacy benefit manager shall allow for an
audit of the pharmacy benefit manager to ensure
compliance with all terms and conditions under
the written agreement described in this
paragraph and the accuracy of information
reported under subparagraph (C).
``(ii) Auditor.--The PDP sponsor shall have
the right to select an auditor. The pharmacy
benefit manager shall not impose any
limitations on the selection of such auditor.
``(iii) Provision of information.--The
pharmacy benefit manager shall make available
to such auditor all records, data, contracts,
and other information necessary to confirm the
accuracy of information provided under
subparagraph (C), subject to reasonable
restrictions on how such information must be
reported to prevent redisclosure of such
information.
``(iv) Timing.--The pharmacy benefit
manager must provide information under clause
(iii) and other information, data, and records
relevant to the audit to such auditor within 6
months of the initiation of the audit and
respond to requests for additional information
from such auditor within 30 days after the
request for additional information.
``(v) Information from affiliates.--The
pharmacy benefit manager shall be responsible
for providing to such auditor information
required to be reported under subparagraph (C)
or under clause (iii) of this subparagraph that
is owned or held by an affiliate of such
pharmacy benefit manager.
``(2) Enforcement.--
``(A) In general.--Each PDP sponsor shall--
``(i) disgorge to the Secretary any amounts
disgorged to the PDP sponsor by a pharmacy
benefit manager under paragraph (1)(A)(v);
``(ii) require, in a written agreement with
any pharmacy benefit manager acting on behalf
of such sponsor or affiliate of such pharmacy
benefit manager, that such pharmacy benefit
manager or affiliate reimburse the PDP sponsor
for any civil money penalty imposed on the PDP
sponsor as a result of the failure of the
pharmacy benefit manager or affiliate to meet
the requirements of paragraph (1) that are
applicable to the pharmacy benefit manager or
affiliate under the agreement; and
``(iii) require, in a written agreement
with any such pharmacy benefit manager acting
on behalf of such sponsor or affiliate of such
pharmacy benefit manager, that such pharmacy
benefit manager or affiliate be subject to
punitive remedies for breach of contract for
failure to comply with the requirements
applicable under paragraph (1).
``(B) Reporting of alleged violations.--The
Secretary shall make available and maintain a mechanism
for manufacturers, PDP sponsors, pharmacies, and other
entities that have contractual relationships with
pharmacy benefit managers or affiliates of such
pharmacy benefit managers to report, on a confidential
basis, alleged violations of paragraph (1)(A) or
subparagraph (C).
``(C) Anti-retaliation and anti-coercion.--
Consistent with applicable Federal or State law, a PDP
sponsor shall not--
``(i) retaliate against an individual or
entity for reporting an alleged violation under
subparagraph (B); or
``(ii) coerce, intimidate, threaten, or
interfere with the ability of an individual or
entity to report any such alleged violations.
``(3) Certification of compliance.--
``(A) In general.--Each PDP sponsor shall furnish
to the Secretary (at a time and in a manner specified
by the Secretary) an annual certification of compliance
with this subsection, as well as such information as
the Secretary determines necessary to carry out this
subsection.
``(B) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.
``(4) Rule of construction.--Nothing in this subsection
shall be construed as--
``(A) prohibiting flat dispensing fees or
reimbursement or payment for ingredient costs
(including customary, industry-standard discounts
directly related to drug acquisition that are retained
by pharmacies or wholesalers) to entities that acquire
or dispense prescription drugs; or
``(B) modifying regulatory requirements or sub-
regulatory program instruction or guidance related to
pharmacy payment, reimbursement, or dispensing fees.
``(5) Standard formats.--
``(A) In general.--Not later than June 1, 2027, the
Secretary shall specify standard, machine-readable
formats for pharmacy benefit managers to submit annual
reports required under paragraph (1)(C)(i).
``(B) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.
``(6) Confidentiality.--
``(A) In general.--Information disclosed by a
pharmacy benefit manager, an affiliate of a pharmacy
benefit manager, a PDP sponsor, or a pharmacy under
this subsection that is not otherwise publicly
available or available for purchase shall not be
disclosed by the Secretary or a PDP sponsor receiving
the information, except that the Secretary may disclose
the information for the following purposes:
``(i) As the Secretary determines necessary
to carry out this part.
``(ii) To permit the Comptroller General to
review the information provided.
``(iii) To permit the Director of the
Congressional Budget Office to review the
information provided.
``(iv) To permit the Executive Director of
the Medicare Payment Advisory Commission to
review the information provided.
``(v) To the Attorney General for the
purposes of conducting oversight and
enforcement under this title.
``(vi) To the Inspector General of the
Department of Health and Human Services in
accordance with its authorities under the
Inspector General Act of 1978 (section 406 of
title 5, United States Code), and other
applicable statutes.
``(B) Restriction on use of information.--The
Secretary, the Comptroller General, the Director of the
Congressional Budget Office, and the Executive Director
of the Medicare Payment Advisory Commission shall not
report on or disclose information disclosed pursuant to
subparagraph (A) to the public in a manner that would
identify--
``(i) a specific pharmacy benefit manager,
affiliate, pharmacy, manufacturer, wholesaler,
PDP sponsor, or plan; or
``(ii) contract prices, rebates, discounts,
or other remuneration for specific drugs in a
manner that may allow the identification of
specific contracting parties or of such
specific drugs.
``(7) Definitions.--For purposes of this subsection:
``(A) Affiliate.--The term `affiliate' means, with
respect to any pharmacy benefit manager or PDP sponsor,
any entity that, directly or indirectly--
``(i) owns or is owned by, controls or is
controlled by, or is otherwise related in any
ownership structure to such pharmacy benefit
manager or PDP sponsor; or
``(ii) acts as a contractor, principal, or
agent to such pharmacy benefit manager or PDP
sponsor, insofar as such contractor, principal,
or agent performs any of the functions
described under subparagraph (C).
``(B) Bona fide service fee.--The term `bona fide
service fee' means a fee that is reflective of the fair
market value (as specified by the Secretary, through
notice and comment rulemaking) for a bona fide,
itemized service actually performed on behalf of an
entity, that the entity would otherwise perform (or
contract for) in the absence of the service arrangement
and that is not passed on in whole or in part to a
client or customer, whether or not the entity takes
title to the drug. Such fee must be a flat dollar
amount and shall not be directly or indirectly based
on, or contingent upon--
``(i) drug price, such as wholesale
acquisition cost or drug benchmark price (such
as average wholesale price);
``(ii) the amount of discounts, rebates,
fees, or other direct or indirect remuneration
with respect to covered part D drugs dispensed
to enrollees in a prescription drug plan,
except as permitted pursuant to paragraph
(1)(A)(ii);
``(iii) coverage or formulary placement
decisions or the volume or value of any
referrals or business generated between the
parties to the arrangement; or
``(iv) any other amounts or methodologies
prohibited by the Secretary.
``(C) Pharmacy benefit manager.--The term `pharmacy
benefit manager' means any person or entity that,
either directly or through an intermediary, acts as a
price negotiator or group purchaser on behalf of a PDP
sponsor or prescription drug plan, or manages the
prescription drug benefits provided by such sponsor or
plan, including the processing and payment of claims
for prescription drugs, the performance of drug
utilization review, the processing of drug prior
authorization requests, the adjudication of appeals or
grievances related to the prescription drug benefit,
contracting with network pharmacies, controlling the
cost of covered part D drugs, or the provision of
related services. Such term includes any person or
entity that carries out one or more of the activities
described in the preceding sentence, irrespective of
whether such person or entity calls itself a `pharmacy
benefit manager'.''.
(2) MA-PD plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the end
the following new subparagraph:
``(F) Requirements relating to pharmacy benefit
managers.--For plan years beginning on or after January
1, 2028, section 1860D-12(h).''.
(3) Nonapplication of paperwork reduction act.--Chapter 35
of title 44, United States Code, shall not apply to the
implementation of this subsection.
(4) Funding.--
(A) Secretary.--In addition to amounts otherwise
available, there is appropriated to the Centers for
Medicare & Medicaid Services Program Management
Account, out of any money in the Treasury not otherwise
appropriated, $113,000,000 for fiscal year 2025, to
remain available until expended, to carry out this
subsection.
(B) OIG.--In addition to amounts otherwise
available, there is appropriated to the Inspector
General of the Department of Health and Human Services,
out of any money in the Treasury not otherwise
appropriated, $20,000,000 for fiscal year 2025, to
remain available until expended, to carry out this
subsection.
(b) GAO Study and Report on Price-Related Compensation Across the
Supply Chain.--
(1) Study.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller General'')
shall conduct a study describing the use of compensation and
payment structures related to a prescription drug's price
within the retail prescription drug supply chain in part D of
title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et
seq.). Such study shall summarize information from Federal
agencies and industry experts, to the extent available, with
respect to the following:
(A) The type, magnitude, other features (such as
the pricing benchmarks used), and prevalence of
compensation and payment structures related to a
prescription drug's price, such as calculating fee
amounts as a percentage of a prescription drug's price,
between intermediaries in the prescription drug supply
chain, including--
(i) pharmacy benefit managers;
(ii) PDP sponsors offering prescription
drug plans and Medicare Advantage organizations
offering MA-PD plans;
(iii) drug wholesalers;
(iv) pharmacies;
(v) manufacturers;
(vi) pharmacy services administrative
organizations;
(vii) brokers, auditors, consultants, and
other entities that--
(I) advise PDP sponsors offering
prescription drug plans and Medicare
Advantage organizations offering MA-PD
plans regarding pharmacy benefits; or
(II) review PDP sponsor and
Medicare Advantage organization
contracts with pharmacy benefit
managers; and
(viii) other service providers that
contract with any of the entities described in
clauses (i) through (vii) that may use price-
related compensation and payment structures,
such as rebate aggregators (or other entities
that negotiate or process price concessions on
behalf of pharmacy benefit managers, plan
sponsors, or pharmacies).
(B) The primary business models and compensation
structures for each category of intermediary described
in subparagraph (A).
(C) Variation in price-related compensation
structures between affiliated entities (such as
entities with common ownership, either full or partial,
and subsidiary relationships) and unaffiliated
entities.
(D) Potential conflicts of interest among
contracting entities related to the use of prescription
drug price-related compensation structures, such as the
potential for fees or other payments set as a
percentage of a prescription drug's price to advantage
formulary selection, distribution, or purchasing of
prescription drugs with higher prices.
(E) Notable differences, if any, in the use and
level of price-based compensation structures over time
and between different market segments, such as under
part D of title XVIII of the Social Security Act (42
U.S.C. 1395w-101 et seq.) and the Medicaid program
under title XIX of such Act (42 U.S.C. 1396 et seq.).
(F) The effects of drug price-related compensation
structures and alternative compensation structures on
Federal health care programs and program beneficiaries,
including with respect to cost-sharing, premiums,
Federal outlays, biosimilar and generic drug adoption
and utilization, drug shortage risks, and the potential
for fees set as a percentage of a drug's price to
advantage the formulary selection, distribution, or
purchasing of drugs with higher prices.
(G) Other issues determined to be relevant and
appropriate by the Comptroller General.
(2) Report.--Not later than 2 years after the date of
enactment of this section, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under paragraph (1), together with recommendations
for such legislation and administrative action as the
Comptroller General determines appropriate.
(c) MedPAC Reports on Agreements With Pharmacy Benefit Managers
With Respect to Prescription Drug Plans and MA-PD Plans.--
(1) In general.--The Medicare Payment Advisory Commission
shall submit to Congress the following reports:
(A) Initial report.--Not later than the first March
15 occurring after the date that is 2 years after the
date on which the Secretary makes the data available to
the Commission, a report regarding agreements with
pharmacy benefit managers with respect to prescription
drug plans and MA-PD plans. Such report shall include,
to the extent practicable--
(i) a description of trends and patterns,
including relevant averages, totals, and other
figures for the types of information submitted;
(ii) an analysis of any differences in
agreements and their effects on plan enrollee
out-of-pocket spending and average pharmacy
reimbursement, and other impacts; and
(iii) any recommendations the Commission
determines appropriate.
(B) Final report.--Not later than 2 years after the
date on which the Commission submits the initial report
under subparagraph (A), a report describing any changes
with respect to the information described in
subparagraph (A) over time, together with any
recommendations the Commission determines appropriate.
(2) Funding.--In addition to amounts otherwise available,
there is appropriated to the Medicare Payment Advisory
Commission, out of any money in the Treasury not otherwise
appropriated, $1,000,000 for fiscal year 2025, to remain
available until expended, to carry out this subsection.
SEC. 228. REQUIRING A SEPARATE IDENTIFICATION NUMBER AND AN ATTESTATION
FOR EACH OFF-CAMPUS OUTPATIENT DEPARTMENT OF A PROVIDER.
(a) In General.--Section 1833(t) of the Social Security Act (42
U.S.C. 1395l(t)) is amended by adding at the end the following new
paragraph:
``(23) Use of unique health identifiers; attestation.--
``(A) In general.--No payment may be made under
this subsection (or under an applicable payment system
pursuant to paragraph (21)) for items and services
furnished on or after January 1, 2026, by an off-campus
outpatient department of a provider (as defined in
subparagraph (C)) unless--
``(i) such department has obtained, and
such items and services are billed under, a
standard unique health identifier for health
care providers (as described in section
1173(b)) that is separate from such identifier
for such provider;
``(ii) such provider has submitted to the
Secretary, during the 2-year period ending on
the date such items and services are so
furnished, an initial provider-based status
attestation that such department is compliant
with the requirements described in section
413.65 of title 42, Code of Federal Regulations
(or a successor regulation); and
``(iii) after such provider has submitted
an attestation under clause (ii), such provider
has submitted a subsequent attestation within
the timeframe specified by the Secretary.
``(B) Process for submission and review.--Not later
than 1 year after the date of enactment of this
paragraph, the Secretary shall, through notice and
comment rulemaking, establish a process for each
provider with an off-campus outpatient department of a
provider to submit an initial and subsequent
attestation pursuant to clauses (ii) and (iii),
respectively, of subparagraph (A), and for the
Secretary to review each such attestation and
determine, through site visits, remote audits, or other
means (as determined appropriate by the Secretary),
whether such department is compliant with the
requirements described in such subparagraph.
``(C) Off-campus outpatient department of a
provider defined.--For purposes of this paragraph, the
term `off-campus outpatient department of a provider'
means a department of a provider (as defined in section
413.65 of title 42, Code of Federal Regulations, or any
successor regulation) that is not located--
``(i) on the campus (as defined in such
section) of such provider; or
``(ii) within the distance (described in
such definition of campus) from a remote
location of a hospital facility (as defined in
such section).''.
(b) HHS OIG Analysis.--Not later than January 1, 2030, the
Inspector General of the Department of Health and Human Services shall
submit to Congress--
(1) an analysis of the process established by the Secretary
of Health and Human Services to conduct the reviews and
determinations described in section 1833(t)(23)(B) of the
Social Security Act, as added by subsection (a) of this
section; and
(2) recommendations based on such analysis, as the
Inspector General determines appropriate.
SEC. 229. MEDICARE SEQUESTRATION.
Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (D), by striking ``such that,'' and all
that follows and inserting ``such that the payment reduction
shall be 2.0 percent.''; and
(2) by adding at the end the following:
``(F) On the date on which the President submits the budget
under section 1105 of title 31, United States Code, for fiscal
year 2033, the President shall order a sequestration of
payments for the Medicare programs specified in section 256(d),
effective upon issuance, such that, notwithstanding the 2
percent limit specified in subparagraph (A) for such payments--
``(i) with respect to the first 2 months in which
such order is effective for such fiscal year, the
payment reduction shall be 2.0 percent; and
``(ii) with respect to the last 10 months in which
such order is effective for such fiscal year, the
payment reduction shall be 0 percent.''.
SEC. 230. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$3,197,000,000'' and inserting
``$1,891,500,000''.
TITLE III--HUMAN SERVICES
Subtitle A--Reauthorize Child Welfare Services and Strengthen State and
Tribal Child Support Program
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``Supporting America's Children
and Families Act''.
PART 1--CHILD WELFARE REAUTHORIZATION AND MODERNIZATION
SEC. 311. SHORT TITLE; REFERENCES.
(a) Short Title.--This part may be cited as the ``Protecting
America's Children by Strengthening Families Act''.
(b) References.--Except as otherwise expressly provided, wherever
in this part an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to that section or other provision of
the Social Security Act.
SEC. 312. REAUTHORIZATION OF CHILD WELFARE PROGRAMS.
(a) Reauthorization of Subpart 1; Discretionary Funding.--Section
425 (42 U.S.C. 625) is amended by striking ``2017 through 2023'' and
inserting ``2025 through 2029''.
(b) Reauthorization of Subpart 2; Enhanced Support.--Section 436(a)
(42 U.S.C. 629f(a)) is amended by striking ``each of fiscal years 2017
through 2023'' and inserting ``fiscal year 2025 and $420,000,000 for
each of fiscal years 2026 through 2029''.
(c) Reauthorization of Subpart 2; Discretionary Funding.--Section
437(a) (42 U.S.C. 629g(a)) is amended by striking ``2017 through 2023''
and inserting ``2025 through 2029''.
(d) Funding Limitation.--Section 423(a)(2)(A) (42 U.S.C.
623(a)(2)(A)) is amended by inserting ``, not to exceed $10,000,000''
before the semicolon.
SEC. 313. ENHANCEMENTS TO THE COURT IMPROVEMENT PROGRAM.
(a) Increase in Reservation of Funds.--Section 436(b)(2) (42 U.S.C.
629f(b)(2)) is amended by inserting ``for fiscal year 2025 and
$40,000,000 for fiscal year 2026 and each succeeding fiscal year''
before ``for grants''.
(b) Extension of State Match Requirement.--Section 438(d) (42
U.S.C. 629h(d)) is amended by striking ``2017 through 2023'' and
inserting ``2025 through 2029''.
(c) Program Improvements.--Section 438(a) (42 U.S.C. 629h(a)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``(F) that determine the appropriateness and best
practices for use of technology to conduct remote
hearings, subject to participant consent, including to
ensure maximum participation of individuals involved in
proceedings and to enable courts to maintain operations
in times of public health or other emergencies;'';
(2) in paragraph (2)(C), by striking ``personnel.'' and
inserting ``personnel and supporting optimal use of remote
hearing technology; and''; and
(3) by adding at the end the following:
``(3) to ensure continuity of needed court services,
prevent disruption of the services, and enable their recovery
from threats such as public health crises, natural disasters or
cyberattacks, including through--
``(A) support for technology that allows court
proceedings to occur remotely subject to participant
consent, including hearings and legal representation;
``(B) the development of guidance and protocols for
responding to the occurrences and coordinating with
other agencies; and
``(C) other activities carried out to ensure backup
systems are in place.''.
(d) Implementation Guidance on Sharing Best Practices for
Technological Changes Needed for Remote Court Proceedings for Foster
Care or Adoption.--Section 438 (42 U.S.C. 629h) is amended by adding at
the end the following:
``(e) Guidance.--
``(1) In general.--Every 5 years, the Secretary shall issue
implementation guidance for sharing information on best
practices for--
``(A) technological changes needed for court
proceedings for foster care, guardianship, or adoption
to be conducted remotely in a way that maximizes
engagement and protects the privacy of participants;
and
``(B) the manner in which the proceedings should be
conducted.
``(2) Initial issuance.--The Secretary shall issue initial
guidance required by paragraph (1) with preliminary information
on best practices not later than October 1, 2025.
``(3) Additional consultation.--The Secretary shall consult
with Indian tribes on the development of appropriate guidelines
for State court proceedings involving Indian children to
maximize engagement of Indian tribes and provide appropriate
guidelines on conducting State court proceedings subject to the
Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).''.
SEC. 314. EXPANDING REGIONAL PARTNERSHIP GRANTS TO ADDRESS PARENTAL
SUBSTANCE USE DISORDER AS CAUSE OF CHILD REMOVAL.
(a) Increase in Reservation of Funds.--Section 436(b)(5) (42 U.S.C.
629f(b)(5)) is amended by striking ``each of fiscal years 2017 through
2023'' and inserting ``fiscal year 2025 and $30,000,000 for fiscal year
2026 and each succeeding fiscal year''.
(b) Reauthorization.--Section 437(f) (42 U.S.C. 629g(f)) is
amended--
(1) in paragraph (3)(A)--
(A) by striking ``In addition to amounts authorized
to be appropriated to carry out this section, the'' and
inserting ``The''; and
(B) by striking ``2017 through 2023'' and inserting
``2025 through 2029''; and
(2) in paragraph (10), by striking ``for each of fiscal
years 2017 through 2023''.
(c) Authority to Waive Planning Phase.--Section 437(f)(3)(B)(iii)
(42 U.S.C. 629g(f)(3)(B)(iii)) is amended--
(1) by striking all that precedes ``grant awarded'' and
inserting the following:
``(iii) Sufficient planning.--
``(I) In general.--A''; and
(2) by striking ``may not exceed $250,000, and''; and
(3) by adding after and below the end the following:
``(II) Exception.--The Secretary,
on a case-by-case basis, may waive the
planning phase for a partnership that
demonstrates that the partnership has
engaged in sufficient planning before
submitting an application for a grant
under this subsection.''.
(d) Expanding Availability of Evidence-based Services.--
(1) In general.--Section 437(f)(1) (42 U.S.C. 629g(f)(1))
is amended by inserting ``, and expand the scope of the
evidence-based services that may be approved by the
clearinghouse established under section 476(d)'' before the
period.
(2) Considerations for awarding grants.--Section 437(f)(7)
(42 U.S.C. 629g(f)(7)) is amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(C) by adding at the end the following:
``(F) have submitted information pursuant to
paragraph (4)(F) that demonstrates the capability to
participate in rigorous evaluation of program
effectiveness.''.
(e) Technical Assistance on Using Regional Partnership Grant Funds
in Coordination With Other Federal Funds to Better Serve Families
Affected by a Substance Use Disorder.--Section 435(d) (42 U.S.C.
629e(d)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) use grants under section 437(f) in coordination with
other Federal funds to better serve families in the child
welfare system that are affected by a substance use
disorder.''.
(f) Performance Indicators.--Section 437(f)(8)(A) (42 U.S.C.
629g(f)(8)(A)) is amended in the 1st sentence--
(1) by striking ``this subsection'' the 1st place it
appears and inserting ``the Protecting America's Children by
Strengthening Families Act'';
(2) by inserting ``child permanency, reunification, re-
entry into care,'' before ``parental recovery''; and
(3) by inserting ``, and access to services for families
with substance use disorder, including those with children who
are overrepresented in foster care, difficult to place, or have
disproportionately low permanency rates'' before the period.
(g) Performance Indicator Consultation Required.--Section
437(f)(8)(B) (42 U.S.C. 629g(f)(8)(B)) is amended by redesignating
clause (iii) as clause (iv) and inserting after clause (ii) the
following:
``(iii) The Administrator of the National
Institute on Drug Abuse.''.
(h) Reports to Congress.--Section 437(f)(9)(B) (42 U.S.C.
629g(f)(9)(B)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) whether any programs funded by the
grants were submitted to the clearinghouse
established under section 476(d) for review and
the results of any such review.''.
(i) Priority for Statewide Service Growth.--Section 437(f)(7) (42
U.S.C. 629g(f)(7)), as amended by subsection (d)(2) of this section, is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) are a State or public agency, or outline a
plan to increase the availability of services funded
under the grant statewide.''.
(j) Addition of Juvenile Court as Required Partner.--Section
437(f)(2)(A) (42 U.S.C. 629g(f)(2)(A)) is amended by adding at the end
the following:
``(iii) The most appropriate administrative
office of the juvenile court or State court
overseeing court proceedings involving families
who come to the attention of the court due to
child abuse or neglect.''.
(k) Additional Optional Partner.--Section 437(f)(2)(C) (42 U.S.C.
629g(f)(2)(C)) is amended by redesignating clause (ix) as clause (x)
and inserting after clause (viii) the following:
``(ix) State or local agencies that
administer Federal health care, housing, family
support, or other related programs.''.
(l) Conforming Amendments.--
(1) Section 437(f)(2)(D) (42 U.S.C. 629g(f)(2)(D)) is
amended--
(A) by adding ``and'' at the end of clause (i);
(B) by striking ``; and'' at the end of clause (ii)
and inserting a period; and
(C) by striking clause (iii).
(2) Section 437(f)(2) (42 U.S.C. 629g(f)(2)) is amended by
striking subparagraph (B) and redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C), respectively
SEC. 315. MODERNIZATION; REDUCING ADMINISTRATIVE BURDEN.
(a) In General.--Section 431 (42 U.S.C. 629a) is amended by adding
at the end the following:
``(c) Use of Technology.--
``(1) Use of portal.--The services referred to in
subsection (a) may include the means of access to and use of an
electronic or digital portal to facilitate the provision of
community support to care for and meet specific needs of
families and children.
``(2) Limitation.--Such a portal shall not retain or share
personally identifiable information about a beneficiary without
consent or for any purpose other than referral.''.
(b) Allowing Support for Family Resource Centers.--Section 431(a)
(42 U.S.C. 629a(a)) is amended--
(1) in paragraph (2)(A), by inserting ``, including
services provided by family resource centers,'' before
``designed''; and
(2) by adding at the end the following:
``(10) Family resource center.--
``(A) In general.--The term `family resource
center' means a community or school-based hub of
support services for families that--
``(i) utilizes an approach that is multi-
generational, strengths-based, and family-
centered;
``(ii) reflects, and is responsive to,
community needs and interests;
``(iii) provides support at no or low cost
for participants; and
``(iv) builds communities of peer support
for families, including kinship families, to
develop social connections that reduce
isolation and stress.
``(B) Special rule.--For purposes of this subpart,
an expenditure for a service provided by a family
resource center may be treated as an expenditure for
any 1 or more of family support services, family
preservation services, family reunification services,
or adoption promotion and support services as long as
the expenditure is related to serving the children and
families in the specified category and consistent with
the overall purpose of the category.''.
(c) Updating State Plan Requirement.--Section 422(b)(1) (42 U.S.C.
622(b)(1)) is amended to read as follows:
``(1) provide that a State agency will administer or
supervise the administration of the plan under this subpart;''.
(d) Access to Legal Representation.--Section 422(b)(4) (42 U.S.C.
622(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by adding ``and'' at the end of subparagraph (B); and
(3) by adding at the end the following:
``(C) the steps that the State will take to ensure
that, with respect to any judicial proceeding involving
a child and in which there is an allegation of child
abuse or neglect, including a proceeding on dependency,
adoption, guardianship, or termination of parental
rights, information about available independent legal
representation is provided to--
``(i) the child, as appropriate; and
``(ii) any individual who is a parent or
guardian, or has legal custody, of the
child;''.
(e) Supporting Mental Health and Well-being of Children in Foster
Care.--Section 422(b)(15)(A) (42 U.S.C. 622(b)(15) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``and, if applicable, the State
agency responsible for mental health services,'' before
``and in consultation''; and
(B) by inserting ``mental health providers,''
before ``other experts'';
(2) in clause (ii), by inserting ``a list of services
provided to support the physical and'' before ``emotional'';
(3) in clause (iv), by inserting ``and mental health''
before ``services'';
(4) in clause (v), by inserting ``, informed consent of
youth, and compliance with professional practice guidelines''
before the semicolon; and
(5) in clause (vi), by inserting ``, licensed mental health
providers,'' before ``or other''.
(f) Reduction of Administrative Burden.--
(1) In general.--Subpart 3 of part B of title IV (42 U.S.C.
629m) is amended by redesignating section 440 as section 443
and inserting before such section the following:
``SEC. 441. REDUCTION OF ADMINISTRATIVE BURDEN.
``(a) In General.--The Secretary shall reduce the burden of
administering this part imposed on the recipients of funds under this
part, by--
``(1) reviewing and revising administrative data collection
instruments and forms to eliminate duplication and streamline
reporting requirements for the recipients while collecting all
data required under this part;
``(2) in coordination with activities required under the
Paperwork Reduction Act, conducting an analysis of the total
number of hours reported by the recipients to comply with
paperwork requirements and exploring, in consultation with the
recipients, how to reduce the number of hours required for the
compliance by at least 15 percent;
``(3) collecting input from the recipients with respect to
fiscal and oversight requirements and making changes to ensure
consistency with standards and guidelines for other Federal
formula grant programs based on the input; and
``(4) respecting the sovereignty of Indian tribes when
complying with this subsection.
``(b) Limitation on Applicability.--Subsection (a) of this section
shall not apply to any reporting or data collection otherwise required
by law that would affect the ability of the Secretary to monitor and
ensure compliance with State plans approved under this part or ensure
that funds are expended consistent with this part.
``SEC. 442. PUBLIC ACCESS TO STATE PLANS.
``The Secretary shall--
``(1) create a standardized format for State plans required
under sections 422 and 432 used to monitor compliance with
those sections;
``(2) produce comparisons and analyses of trends in State
plans to inform future technical assistance and policy
development;
``(3) make the State plans available on a public website;
and
``(4) include on the website aggregated national summaries
of State submissions as the Secretary deems appropriate.''.
(2) Implementation.--Within 2 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall--
(A) comply with section 441 of the Social Security
Act, as added by the amendment made by paragraph (1);
and
(B) notify each recipient of funds under part B of
title IV of the Social Security Act of any change made
by the Secretary pursuant to such section affecting the
recipient.
(3) Report.--Within 3 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report describing the efforts of the Secretary to comply with
section 441 of the Social Security Act, as added by the
amendment made by paragraph (1), including the specific actions
to comply with each paragraph of such section.
(g) Primary Prevention Partners.--Section 435(a)(2)(B) (42 U.S.C.
429e(a)(2)(B)) is amended by inserting ``including community-based
partners with expertise in preventing unnecessary child welfare system
involvement'' before the semicolon.
SEC. 316. STREAMLINING FUNDING FOR INDIAN TRIBES.
(a) Subpart 1.--
(1) Tribal set-aside; direct payments to tribes; exemptive
authority.--
(A) In general.--Section 428 (42 U.S.C. 628) is
amended by striking subsections (a) and (b) and
inserting the following:
``(a) Reservation of Funds; Direct Payments.--Out of any amount
appropriated pursuant to section 425 for a fiscal year, the Secretary
shall reserve 3 percent for grants to Indian tribes and tribal
organizations, which shall be paid directly to Indian tribes and tribal
organizations with a plan approved under this subpart, in accordance
with section 433(a).''.
(B) Conforming amendment.--Section 423(a) (42
U.S.C. 623(a)) is amended by striking ``the sum
appropriated pursuant to section 425 for each fiscal
year'' and inserting ``for each fiscal year, the sum
appropriated pursuant to section 425 remaining after
applying section 428(a)''.
(C) Technical amendment.--Section 428(c) (42 U.S.C.
628(c)) is amended by striking ``450b'' and inserting
``5304''.
(2) Improving compliance with the indian child welfare
act.--
(A) State plan requirement.--Section 422(b)(9) (42
U.S.C. 622(b)(9)) is amended by striking ``Act;'' and
inserting ``Act of 1978, including how the State will
ensure timely notice to Indian tribes of State custody
proceedings involving Indian children, foster care or
adoptive placements of Indian children, and case
recordkeeping as such matters relate to transfers of
jurisdiction, termination of parental rights, and
active efforts;''.
(B) Technical assistance.--Subpart 1 of part B of
title IV (42 U.S.C. 621 et seq.) is amended by adding
at the end the following:
``SEC. 429B. EFFECTIVE IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT
OF 1978.
``(a) In General.--Not later than October 1, 2025, the Secretary,
in consultation with Indian tribal organizations and States, shall
develop a plan and provide technical assistance supporting effective
implementation of the Indian Child Welfare Act of 1978, including
specific measures identified in State plans as required by section
422(b)(9) of this Act. The technical assistance plan shall be based on
data sufficient to assess State strengths and areas for improvement in
implementing Federal standards established under the Indian Child
Welfare Act of 1978, including, at a minimum, the following:
``(1) Timely identification of Indian children and extended
family members.
``(2) Timely tribal notice of State child custody
proceedings involving an Indian child.
``(3) Reports of cases in which a transfer of jurisdiction
(as defined under the Indian Child Welfare Act of 1978) was
granted or was not granted, and reasons specified for denial in
cases where transfer was denied.
``(4) In cases in which a State court orders a foster care
placement of an Indian child, whether requirements for active
efforts to prevent the breakup of the Indian family, testimony
of a qualified expert witness, and evidentiary standards were
met.
``(5) Whether an Indian child was placed in a placement
that is required to be preferred under the Indian Child Welfare
Act of 1978, and if not, the reasons specified.
``(6) In cases in which a State court orders the
termination of parental rights to an Indian child, whether
requirements for active efforts to prevent the breakup of the
Indian family, testimony of a qualified expert witness, and
evidentiary standards were met.
``(b) Interagency Coordination.--On request of the Secretary, the
Secretary of the Interior shall provide the Secretary with such
guidance and assistance as may be necessary to facilitate informing
States and public child welfare agencies on how to comply with the
Indian Child Welfare Act of 1978, including specific measures
identified in State plans as required by section 422(b)(9) of this Act.
``(c) Biennial Reports to Congress.--The Secretary shall biennially
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a written
report on how--
``(1) the States are complying with the Indian Child
Welfare Act of 1978 and section 422(b)(9) of this Act, as
informed by data collected under this section; and
``(2) the Secretary is assisting States and Indian tribes
to improve implementation of Federal standards established
under the Indian Child Welfare Act of 1978.''.
(3) Reporting requirements; administrative costs.--
(A) In general.--Section 428 (42 U.S.C. 628) is
amended by redesignating subsection (c) as subsection
(d) and inserting before such subsection the following:
``(b) Authority to Streamline Reporting Requirements.--The
Secretary shall, in consultation with the affected Indian tribes,
modify any reporting requirement imposed by or under this part on an
Indian tribe, tribal organization, or tribal consortium if the total of
the amounts allotted to the Indian tribe, tribal organization, or
tribal consortium under this part for the fiscal year is not more than
$50,000, and in a manner that limits the administrative burden on any
tribe to which not more than $50,000 is allotted under this subpart for
the fiscal year.
``(c) Tribal Authority to Substitute the Federal Negotiated
Indirect Cost Rate for Administrative Costs Cap.--For purposes of
sections 422(b)(14) and 424(e), an Indian tribal organization may elect
to have the weighted average of the indirect cost rates in effect under
part 220 of title 2, Code of Federal Regulations with respect to the
administrative costs of the Indian tribal organization apply in lieu of
the percentage specified in each such section.''.
(B) Conforming amendments.--Section 431(a) (42
U.S.C. 629a(a)) is amended in each of paragraphs (5)
and (6) by striking ``428(c)'' and inserting
``428(d)''.
(b) Subpart 2.--
(1) Tribal plan exemption.--Section 432(b)(2)(B) (42 U.S.C.
629b(b)(2)(B)) is amended--
(A) by striking ``section 433(a)'' the 1st place it
appears and inserting ``sections 433(a) and 437(c)(1)
combined''; and
(B) by striking ``section 433(a)'' the 2nd place it
appears and inserting ``such sections''.
(2) Application of tribal set-aside before other set-
asides.--Section 436(b)(3) (42 U.S.C. 429f(b)(3)) is amended by
striking ``After applying paragraphs (4) and (5) (but before
applying paragraphs (1) or (2)), the'' and inserting ``The''.
(3) Increase in funding for tribal court improvement
program.--Section 438(c)(3) (42 U.S.C. 629h(c)(3)) is amended
by inserting ``for fiscal year 2025, and $2,000,000 for each of
fiscal years 2026 through 2029,'' before ``for grants''.
SEC. 317. ACCELERATING ACCESS TO FAMILY FIRST PREVENTION SERVICES.
(a) In General.--Section 435 (42 U.S.C. 629e) is amended by adding
at the end the following:
``(f) Prevention Services Evaluation Partnerships.--
``(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to support
the timely evaluation of--
``(A) services and programs described in section
471(e); or
``(B) kinship navigator programs described in
section 474(a)(7).
``(2) Grants.--In accordance with applications approved
under this subsection, the Secretary may make grants, on a
competitive basis, to eligible entities to carry out projects
designed to evaluate a service or program provided by the
eligible entity, or an entity in partnership with the eligible
entity, with respect to the requirements for a promising
practice, supported practice, or well-supported practice
described in section 471(e)(4)(C).
``(3) Applications.--
``(A) In general.--An eligible entity may apply to
the Secretary for a grant under this subsection to
carry out a project that meets the following
requirements:
``(i) The project is designed in accordance
with paragraph (2).
``(ii) The project is to be carried out by
the applicant in partnership with--
``(I) a State agency that
administers, or supervises the
administration of, the State plan
approved under part E, or an agency
administering the plan under the
supervision of the State agency; and
``(II) if the applicant is unable
or unwilling to do so, at least 1
external evaluator to carry out the
evaluation of the service or program
provided by the applicant.
``(B) Contents.--The application shall contain the
following:
``(i) A description of the project,
including--
``(I) a statement explaining why a
grant is necessary to carry out the
project; and
``(II) the amount of grant funds
that would be disbursed to each entity
described in subparagraph (A)(ii) in
partnership with the applicant.
``(ii) A certification from each entity
described in subparagraph (A)(ii) that provides
assurances that the individual or entity is in
partnership with the applicant and will fulfill
the responsibilities of the entity specified in
the description provided pursuant to clause (i)
of this subparagraph.
``(iii) A certification from the applicant
that provides assurances that the applicant
intends to comply with subparagraph
(A)(ii)(II), if applicable.
``(iv) At the option of the eligible
entity, a certification from the applicant that
the applicant requires an external evaluator
secured by the Secretary pursuant to paragraph
(5), if applicable.
``(4) Priorities.--In approving applications under this
subsection, the Secretary shall prioritize the following:
``(A) Addressing, with respect to the clearinghouse
of practices described in section 476(d)(2),
deficiencies or gaps identified by the Secretary in
consultation with--
``(i) States, political subdivisions of a
State, and tribal communities carrying out, or
receiving the benefits of, a service or
program; and
``(ii) child welfare experts, including
individuals with lived experience.
``(B) Maximizing the number of evidence-based
services or programs to be included in the
clearinghouse of practices described in section
476(d)(2).
``(C) Timely completion of evaluations and the
production of evidence.
``(D) Supporting services or programs that are
based on, or are adaptations to new population settings
of, a service or program with reliable evidence about
the benefits and risks of the service or program.
``(5) Availability of external evaluators.--
``(A) In general.--Before accepting applications
under this subsection, the Secretary shall make
reasonable efforts to identify at least 1 entity to
serve as an external evaluator for any eligible entity
that includes a certification under paragraph
(3)(B)(iv) with an application under this subsection.
``(B) No effect on consideration of application.--
The Secretary may not consider whether an eligible
entity is in partnership with an external evaluator
described in paragraph (A) in approving an application
under this subsection submitted by the eligible entity.
``(6) Reports.--
``(A) By grant recipients.--Within 1 year after
receiving a grant under this subsection, and every year
thereafter for the next 5 years, the grant recipient
shall submit to the Secretary a written report on--
``(i) the use of grant funds;
``(ii) whether the program or service
evaluated by the project meets a requirement
specified in section 471(e)(4)(C), including
information about--
``(I) how the program or service is
being carried out in accordance with
standards specified in the requirement;
``(II) any outcomes of the program
or service; and
``(III) any outcome with respect to
which the service or program compares
favorably to a comparison practice; and
``(iii) whether the Secretary has included
the program or service in an update to the
clearinghouse of practices described in section
476(d)(2).
``(B) By the secretary.--The Secretary shall submit
to the Committee on Ways and Means of the House of
Representatives and to the Committee on Finance of the
Senate an annual written report on--
``(i) the grants awarded under this
subsection;
``(ii) the programs funded by the grants;
``(iii) any technical assistance provided
by the Secretary in carrying out this
subsection, including with respect to the
efforts to secure external evaluators pursuant
to paragraph (5); and
``(iv) any efforts by the Secretary to
support program evaluation and review pursuant
to section 471(e) and inclusion of programs in
the pre-approved list of services and programs
described in section 471(e)(4)(D) or the
clearinghouse of practices described in section
476(d)(2).
``(7) Funding.--
``(A) Limitations.--Of the amounts available to
carry out this subsection, the Secretary may use not
more than 5 percent to provide technical assistance.
``(B) Carryover.--Amounts made available to carry
out this subsection shall remain available until
expended.
``(8) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means any of the following providing a service or
program or, in the sole determination of the Secretary,
able to provide a service or program if awarded a grant
under this subsection:
``(i) A State, a political subdivision of a
State, or an agency or department of a State or
political subdivision of a State.
``(ii) An entity described in subparagraph
(A) or (B) of section 426(a)(1).
``(iii) An Indian tribe or tribal
organization.
``(B) External evaluator.--The term `external
evaluator' means an entity with the ability and
willingness to evaluate a service or program pursuant
to paragraph (2) that is not provided by the entity.
``(C) Service or program.--The term `service or
program'--
``(i) means a service or program described
in section 471(e); and
``(ii) includes a kinship navigator program
described in section 474(a)(7).''.
(b) Funding.--Section 437(b) (42 U.S.C. 629g(b)) is amended by
adding at the end the following:
``(5) Preventive services evaluation partnerships.--The
Secretary shall reserve $5,000,000 for grants under section
435(f) for each of fiscal years 2026 through 2029.''.
SEC. 318. STRENGTHENING SUPPORT FOR YOUTH AGING OUT OF FOSTER CARE.
(a) Caseworker Visits.--Section 422(b)(17) (42 U.S.C. 622(b)(17))
is amended by inserting ``, and include a description of how the State
may offer virtual caseworker visits to youth in care who have attained
the age of 18 years and provided informed consent for virtual visits''
before the semicolon.
(b) Youth and Family Engagement in Child Welfare Program
Planning.--Section 432(b)(1) (42 U.S.C. 629b(b)(1)) is amended to read
as follows:
``(1) In general.--The Secretary shall approve a plan that
meets the requirements of subsection (a) only if--
``(A) the plan was developed jointly by the
Secretary and the State, and the State, in developing
the plan, consulted with--
``(i) appropriate public and nonprofit
private agencies;
``(ii) community-based organizations
involved in providing services for children and
families in the areas of family preservation,
family support, family reunification, foster
care, kinship, and adoption promotion and
support;
``(iii) parents with child welfare
experience, foster parents, adoptive parents,
and kinship caregivers; and
``(iv) children, youth, and young adults
with experience in the child welfare system,
including State boards and councils comprised
of youth with lived experience who represent
the diversity of children in the State to whom
the plan would apply; and
``(B) the State has made publicly accessible on a
website of the State agency a report that outlines how
the State has implemented the suggestions of the
children and youth referred to in subparagraph
(A)(iv).''.
SEC. 319. RECOGNIZING THE IMPORTANCE OF RELATIVE AND KINSHIP
CAREGIVERS.
(a) In General.--Section 431(a) (42 U.S.C. 629a(a)), as amended by
section 316(b)(2) of this part, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``children'' and inserting
``children, youth,''; and
(ii) by striking ``adoptive and extended''
and inserting ``kinship and adoptive'';
(B) in subparagraph (D), by striking ``parents and
other caregivers (including foster parents)'' and
inserting ``parents, kinship caregivers, and foster
parents'';
(C) by striking ``and'' at the end of subparagraph
(E);
(D) by striking the period at the end of
subparagraph (F) and inserting `` ; and''; and
(E) by adding at the end the following:
``(G)(i) peer-to-peer mentoring and support
programs with demonstrated experience fostering
constructive relationships between children and
families and mentors with relevant lived experience or
interactions with the child welfare system; and
``(ii) for purposes of this subpart, an expenditure
for a service described in clause (i) may be treated as
an expenditure for any 1 or more of family support
services, family preservation services, family
reunification services, or adoption promotion and
support services, as long as the expenditure is related
to serving the children and families in the specified
category and consistent with the overall purpose of the
category.'';
(2) in paragraph (2)(B)--
(A) in clause (i), by striking ``children'' and
inserting ``children, youth,''; and
(B) in clause (ii), by striking ``extended'' and
inserting ``kinship'';
(3) in paragraph (7)(A), by inserting ``with kinship
caregivers or'' before ``in a foster family home''; and
(4) by adding at the end the following:
``(11) Youth.--The term `youth' means an individual who has
not attained 26 years of age.''.
(b) Kinship Navigators.--
(1) In general.--Section 427 (42 U.S.C. 627) is amended--
(A) in the section heading, by striking ``family
connection grants'' and inserting ``kinship
navigators'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``helping'' and inserting
``administering programs to help'';
(ii) by striking ``of--'' and all that
follows through ``a kinship'' and inserting
``of a kinship'';
(iii) in paragraph (1)(C)--
(I) by striking ``and'' at the end
of clause (iii);
(II) by adding ``and'' at the end
of clause (iv); and
(III) by adding at the end the
following:
``(v) connections to individualized
assistance, as needed;'';
(iv) by striking paragraphs (2) through
(4);
(v) by redesignating subparagraphs (A)
through (G) of paragraph (1) as paragraphs (1)
through (7), respectively;
(vi) by redesignating clauses (i) through
(iv) and clause (v) (as added by clause
(iii)(III) of this subparagraph) as
subparagraphs (A) through (E), respectively;
(vii) by moving each provision so
redesignated 2 ems to the left; and
(viii) by striking ``caregiving;'' and
inserting ``caregiving.'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``1 or
more of'';
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively,
and inserting after paragraph (2) the
following:
``(3) a description of how the entity will directly fund,
or provide data to the Secretary for, an evaluation which will
publish and submit information to the clearinghouse described
in section 476(d)(2) and which is designed to meet the
requirements of section 471(e)(4)(C), or a description of how
the funds will be used to help the State transition to a
program for which the State will seek reimbursement under
section 474(a)(7);'';
(iii) in paragraph (4) (as so
redesignated), by striking ``and'' at the end;
(iv) in paragraph (5) (as so redesignated),
by striking the period and inserting ``; and'';
and
(v) by adding at the end the following:
``(6) if the entity is a State, local or tribal child
welfare agency--
``(A) documentation of support from a relevant
community-based organization with experience serving
kinship families when applicable; or
``(B) a description of how the organization plans
to coordinate its services and activities with those
offered by the relevant community-based
organizations.'';
(D) by striking subsection (d) and inserting the
following:
``(d) Federal Share.--An entity to which a grant is made under this
section may use the grant to pay not more than 75 percent of the cost
of the activities to be carried out by the entity pursuant to this
section.'';
(E) in subsection (g)--
(i) by striking all that precedes ``2
percent'' and inserting the following:
``(g) Reservation of Funds for Technical Assistance.--The Secretary
may reserve''; and
(ii) by striking ``subsection (h)'' the 2nd
place it appears and inserting ``section
437(b)(6)''; and
(F) by striking subsection (h).
(2) Reservation of discretionary funds.--Section 437(b) (42
U.S.C. 629g(b)), as amended by section 318(b) of this part, is
amended by adding at the end the following:
``(6) Kinship navigators.--The Secretary shall reserve
$10,000,000 for grants under section 427 for each of fiscal
years 2026 through 2029.''.
(3) Conforming amendment.--Section 474(a)(7) (42 U.S.C.
674(a)(7)) is amended by striking ``427(a)(1)'' and inserting
``427(a)''.
SEC. 320. AVOIDING NEGLECT BY ADDRESSING POVERTY.
(a) Family Preservation Services.--Section 431(a)(1) (42 U.S.C.
629a(a)(1)), as amended by section 320(a)(1) of this part, is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) in subparagraph (G), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(H)(i) services providing nonrecurring short term
benefits (including supports related to housing
instability, utilities, transportation, and food
assistance, among other basic needs) that address
immediate needs related to a specific crisis,
situation, or event affecting the ability of a child to
remain in a home established for the child that is not
intended to meet an ongoing need; and
``(ii) for purposes of this subpart, an expenditure
for a service described in clause (i) may be treated as
an expenditure for any 1 or more of family support
services, family preservation services, family
reunification services, or adoption promotion and
support services as long as the expenditure is related
to serving the children and families in the specified
category and consistent with the overall purpose of the
category.''.
(b) State Plan Requirements.--Section 432(a) (42 U.S.C. 629b(a)) is
amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(11) provides a description of policies in place,
including training for employees, to address child welfare
reports and investigations of neglect concerning the living
arrangements or subsistence needs of a child with the goal to
prevent the separation of a child from a parent of the child
solely due to poverty, to ensure access to services described
in section 431(a)(1)(H).''.
SEC. 321. STRENGTHENING SUPPORT FOR CASEWORKERS.
(a) Reauthorization of, and Increase in Funding for, Caseworker
Visits.--Section 436(b)(4)(A) (42 U.S.C. 629f(b)(4)(A)) is amended by
striking ``each of fiscal years 2017 through 2023'' and inserting
``fiscal year 2025 and $26,000,000 for fiscal year 2026 and each
succeeding fiscal year''.
(b) Minimum Grant Amount.--Section 433(e) (42 U.S.C. 629c(e)) is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) Base allotment.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year, the Secretary shall
first allot to each State (other than an Indian tribe) that has
provided to the Secretary such documentation as may be
necessary to verify that the jurisdiction has complied with
section 436(b)(4)(B)(ii) during the fiscal year, a base
allotment of $100,000, and shall then allot to each of those
States an amount determined in paragraph (2) or (3) of this
subsection, as applicable.
``(2) Territories.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraph (1) of this subsection for the fiscal year,
the Secretary shall allot to each jurisdiction specified in
subsection (b) of this section to which a base allotment is
made under such paragraph (1) an amount determined in the same
manner as the allotment to each of such jurisdictions is
determined under section 423 (without regard to the initial
allotment of $70,000 to each State).
``(3) Other states.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraphs (1) and (2) of this subsection for the
fiscal year, the Secretary shall allot to each State (other
than an Indian tribe) not specified in subsection (b) of this
section to which a base allotment was made under paragraph (1)
of this subsection an amount equal to such remaining amount
multiplied by the supplemental nutrition assistance program
benefits percentage of the State (as defined in subsection
(c)(2) of this section) for the fiscal year, except that in
applying subsection (c)(2)(A) of this section, `subsection
(e)(3)' shall be substituted for `such paragraph (1)'.''.
(c) Requirement to Use Funds to Improve Quality of Caseworker
Visits With Foster Children.--Section 436(b)(4)(B)(i) (42 U.S.C.
629f(b)(4)(B)(i)) is amended to read as follows:
``(i) In general.--A State to which an
amount is paid from amounts reserved under
subparagraph (A) shall use the amount to
improve the quality of monthly caseworker
visits with children who are in foster care
under the responsibility of the State, with an
emphasis on--
``(I) reducing caseload ratios and
the administrative burden on
caseworkers, to improve caseworker
decision making on the safety,
permanency, and well-being of foster
children and on activities designed to
increase retention, recruitment, and
training of caseworkers;
``(II) implementing technology
solutions to streamline caseworker
duties and modernize systems, ensuring
improved efficiency and effectiveness
in child welfare services;
``(III) improving caseworker
safety;
``(IV) mental health resources to
support caseworker well-being,
including peer-to-peer support
programs; and
``(V) recruitment campaigns aimed
at attracting qualified caseworker
candidates.''.
(d) Elimination of Cost-share Penalty Tied to Monthly Caseworker
Visit Standard.--Section 424(f) (42 U.S.C. 624(f)) is amended--
(1) by striking ``(1)(A)''; and
(2) by striking paragraphs (1)(B) and (2).
SEC. 322. DEMONSTRATION PROJECTS FOR IMPROVING RELATIONSHIPS BETWEEN
INCARCERATED PARENTS AND CHILDREN IN FOSTER CARE.
(a) In General.--Section 439 (42 U.S.C. 629i) is amended to read as
follows:
``SEC. 439. STATE PARTNERSHIP PLANNING AND DEMONSTRATION GRANTS TO
SUPPORT MEANINGFUL RELATIONSHIPS BETWEEN FOSTER CHILDREN
AND THE INCARCERATED PARENTS OF THE CHILDREN.
``(a) Authority.--
``(1) In general.--The Secretary may make demonstration
grants to eligible State partnerships to develop, implement,
and provide support for programs that enable and sustain
meaningful relationships between covered foster children and
the incarcerated parents of the children.
``(2) Payment of annual installments.--The Secretary shall
pay each demonstration grant in 5 annual installments.
``(3) 1-year planning grants.--The Secretary may make a
planning grant to a recipient of a demonstration grant, to be
paid to the recipient 1 year before payment of the 1st annual
installment of the demonstration grant and in an amount not
greater than any installment of the demonstration grant, if--
``(A) the recipient includes a request for a
planning grant in the application under subsection (c);
and
``(B) the Secretary determines that a planning
grant would assist the recipient and improve the
effectiveness of the demonstration grant.
``(b) Eligible State Partnership Defined.--
``(1) In general.--In this section, the term `eligible
State partnership' means an agreement entered into by, at a
minimum, the following:
``(A) The State child welfare agency responsible
for the administration of the State plans under this
part.
``(B) The State agency responsible for adult
corrections.
``(2) Additional partners.--For purposes of this section,
an eligible State partnership may include any entity with
experience in serving incarcerated parents and their children.
``(3) Partnerships entered into by indian tribes or tribal
consortia.--Notwithstanding paragraph (1), if an Indian tribe
or tribal consortium enters into a partnership pursuant to this
section that does not consist solely of tribal child welfare
agencies (or a consortium of the agencies), the partnership
shall be considered an eligible State partnership for purposes
of this section.
``(c) Application Requirements.--An eligible State partnership
seeking a demonstration grant under this section to carry out a program
described in subsection (a)(1) shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require. The application shall include the
following:
``(1) A summary of the program, including how the program
will support a meaningful relationship between a covered foster
child and an incarcerated parent of the child.
``(2) A description of the activities to be carried out by
the program, which must include all of the activities described
in subsection (d) that are in the best interest of the covered
foster child.
``(3) A framework for identifying--
``(A) each covered foster child eligible for
services under the program, including, to the extent
practicable, coordination of data between relevant
State child welfare agencies and court systems; and
``(B) the roles and responsibilities of the
entities in the partnership.
``(4) Documentation that the applicant is an eligible State
partnership.
``(5) Assurances that the applicant will participate fully
in the evaluation described in subsection (f)(2) and shall
maintain records for the program, including demographic
information disaggregated by relevant characteristics with
respect to covered foster children and incarcerated parents who
participate in the program.
``(d) Program Activities.--To the extent that the activities are in
the best interest of the covered foster child, the activities referred
to in subsection (c)(2) shall include the following:
``(1) Revision of policies.--Through consultation with
incarcerated parents and their families, grantees shall promote
organizational policies of participating child welfare entities
and collaborating correctional facilities to promote meaningful
relationships through regular and developmentally appropriate
communication and visitation between covered foster children
and the incarcerated parents, including, when appropriate, the
following:
``(A) For child welfare entities--
``(i) inclusion of parents in case planning
and decision making for children;
``(ii) regular sharing of information and
responses to requests for information between
caseworkers and incarcerated parents with
respect to the case information of a child, any
changes to a case, permanency plans,
requirements to maintain parental rights, and
any efforts to terminate parental rights;
``(iii) appropriate opportunities for
incarcerated parents to demonstrate their
relationship with a covered foster child given
their incarceration, including training and
courses required for a service plan; and
``(iv) the enhanced visitation described in
paragraph (2).
``(B) For correctional facilities, fostering
visitation and communication that is developmentally
appropriate in terms of--
``(i) the nature of communication and
visitation, including--
``(I) the ability to physically
touch parents;
``(II) engaging with parents in
locations that are appropriate for the
age and development of the child;
``(III) exchanging items that are
appropriate to the age and development
of the child, include expectations that
are appropriate for the age and
development of the child related to
behavior, attire, and wait times; and
``(IV) allowing appropriate adults
to bring children if legal guardians
are not available to promote regular
contact;
``(ii) reasonable inclusion of all children
of the parent;
``(iii) communication and visitation at
times when the children are available;
``(iv) security procedures to comfort
children and be minimally invasive; and
``(v) promoting parent-child relationships
regardless of the sentence imposed on the
parent.
``(2) Enhanced visitation.--
``(A) Grantees shall facilitate weekly
communication and, for at least 9 days each year, in-
person visitation between a covered foster child and
any incarcerated parent of the child.
``(B) Electronic visitation (such as live video
visits, phone calls, and recorded books) may be used
but shall not be the sole method to promote a
meaningful relationship for purposes of the grant.
``(C) Enhanced visitation programs shall--
``(i) integrate best practices for
visitation programs with incarcerated parents
and their children;
``(ii) adopt developmentally appropriate
visitation policies and procedures such as
those described in paragraph (1)(B);
``(iii) reduce or eliminate the cost of
developmentally appropriate communication and
visitation for the covered foster child, which
may include the purchase of communication
technology, covering transportation, insurance,
and lodging costs, costs related to providing
appropriate visitation spaces and activities,
and other relevant costs;
``(iv) to the extent practicable, integrate
appropriate parenting education to help prepare
and process visits; and
``(v) avoid restricting visitation and
communication as a punishment for the
incarcerated parents.
``(3) Training.--Grantees shall incorporate ongoing
training for child welfare workers, correctional facility
staff, and other program providers to understand the importance
of promoting meaningful relationships between children and
incarcerated parents.
``(4) Case management.--Grantees shall provide case
management services for the incarcerated parents of a covered
foster child to promote the relationship, access to services,
and coordination with the caseworkers of the covered foster
child to strengthen the relationship.
``(5) Legal assistance.--Grantees shall facilitate access
to necessary legal services and may use grant funds for
services that are not reimbursable under other Federal
programs.
``(e) Federal Share.--The Federal share of the cost of any activity
carried out using a grant made under this section shall be not greater
than 75 percent.
``(f) Technical Assistance, Evaluations, and Reports.--
``(1) Technical assistance.--The Secretary shall provide
technical assistance with respect to grants under this section,
including by--
``(A) assisting grantees in understanding best
practices in promoting meaningful relationships between
incarcerated parents and their children as well as
consulting with appropriate stakeholders when
developing their programs;
``(B) assisting grantees with establishing and
analyzing implementation and performance indicators;
and
``(C) conducting an annual technical assistance and
training meeting and an annual grantee meeting so that
grantees can learn from the experiences of other
grantees.
``(2) Evaluations.--The Secretary shall conduct an
evaluation of program outcomes, including with respect to
parent and child well-being, parent-child interactions,
parental involvement, awareness of child development and
parenting practices, placement stability, and termination of
parental rights with respect to covered foster children and
incarcerated parents, to measure program effectiveness, as
determined by the Secretary, and identify opportunities for
improved program practices and implementation.
``(3) Reports to the congress.--
``(A) Initial report.--Not later than 3 years after
the date of the enactment of this section, the
Secretary shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate a report that includes--
``(i) the number of applications for grants
under this section;
``(ii) the number of grants awarded, and
the amounts for each grant; and
``(iii) information on the grants,
including--
``(I) interim results of the
evaluation described in paragraph (2);
``(II) disaggregated data on
covered foster children and
incarcerated parents;
``(III) information on the
composition of eligible State
partnerships;
``(IV) best practices for
facilitating meaningful relationships
between covered foster children and
incarcerated parents; and
``(V) barriers to implementation or
expansion of programs funded under this
section.
``(B) Final report.--Not later than 6 years after
the date of the enactment of this section, the
Secretary shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate a report that includes--
``(i) the final results of the evaluation
described in paragraph (2); and
``(ii) recommendations for refinements to
grant requirements to improve program outcomes.
``(g) Authority of Secretary With Respect to Indian Tribes and
Tribal Organizations.--
``(1) Waiver or modification of requirements.--In making a
grant to an Indian tribe or tribal organization under this
section, the Secretary may waive the matching requirement of
subsection (e) or modify an application requirement imposed by
or under subsection (c) if the Secretary determines that the
waiver or modification is appropriate to the needs, culture,
and circumstances of the Indian tribe or tribal organization.
``(2) Evaluation.--The Secretary shall use tribally
relevant data in carrying out the evaluation under subsection
(f)(2) with respect to an Indian tribe or tribal organization.
``(h) Limitations on Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary not more than
$35,000,000 for each of fiscal years 2026 through 2029 to carry out
this section.
``(i) Definition of Covered Foster Child.--In this section, the
term `covered foster child' means a child that--
``(1) is in foster care; and
``(2) has at least 1 parent incarcerated in a Federal,
State, or local correctional facility.''.
(b) Conforming Amendments.--
(1) Section 431(a)(2)(B)(vii) (42 U.S.C.
629a(a)(2)(B)(vii)) is amended by striking ``(as defined in
section 439(b)(2))''.
(2) Section 431(a) (42 U.S.C. 629a(a)), as amended by
sections 316(b)(2) and 320(a)(4) of this part, is amended by
adding at the end the following:
``(12) Mentoring.--The term `mentoring' means a structured,
managed program in which children are appropriately matched
with screened and trained adult volunteers for one on-one
relationships, involving meetings and activities on a regular
basis, intended to meet, in part, the child's need for
involvement with a caring and supportive adult who provides a
positive role model.''.
SEC. 323. GUIDANCE TO STATES ON IMPROVING DATA COLLECTION AND REPORTING
FOR YOUTH IN RESIDENTIAL TREATMENT PROGRAMS.
Within 2 years after the date of the enactment of this Act, the
Secretary of Health and Human Services, in consultation with the
Department of Education, the Administration for Children and Families,
the Centers for Medicare and Medicaid Services, the Administration for
Community Living, the Department of Justice, and other relevant policy
experts, as determined by the Secretary, shall issue and disseminate,
or update and revise, as applicable, guidance to State agencies in
administering State plans approved under parts B and E of title IV of
the Social Security Act on the following:
(1) Best practices for Federal and State agencies to
collect data and share information related to the well-being of
youth residing in residential treatment facilities, including
those facilities operating in multiple States or serving out-
of-state youth.
(2) Best practices on improving State collection and
sharing of data related to incidences of maltreatment of youth
residing in residential treatment facilities, including with
respect to meeting the requirement of section 471(a)(9)(A) of
such Act for such youth in foster care.
(3) Best practices on improving oversight of youth
residential programs receiving Federal funding, and research-
based strategies for risk assessment related to the health,
safety, and well-being of youth in the facilities.
SEC. 324. STREAMLINING RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE
FUNDING.
(a) Repurposing Discretionary Research Set-aside.--Section 435(c)
(42 U.S.C. 629e(c)) is amended to read as follows:
``(c) Evaluation, Research, and Technical Assistance With Respect
to Targeted Program Resources.--Of the amount reserved under section
437(b)(1) for a fiscal year, the Secretary shall use not less than--
``(1) $1,000,000 for technical assistance to grantees under
section 437(f) and to support design of local site evaluations
with the goal of publishing and submitting evaluation findings
to the clearinghouse established under section 476(d), or to
award grants to allow current or former grantees under section
437(f) to analyze, publish, and submit to the clearinghouse
data collected during past grants; and
``(2) $1,000,000 for technical assistance required under
section 429B of this Act to support effective implementation of
the Indian Child Welfare Act of 1978 and to support development
of associated State plan measures described pursuant to section
422(b)(9) of this Act.''.
(b) Elimination of Research Set-aside From Mandatory Funds.--
(1) In general.--Section 436(b) (42 U.S.C. 629f(b)), as
amended by the preceding provisions of this Act, is amended by
striking paragraph (1) and redesignating paragraphs (2) through
(5) as paragraphs (1) through (4), respectively.
(2) Conforming amendments.--
(A) Section 433(a) (42 U.S.C. 629c(a)) is amended
by striking ``436(b)(3)'' and inserting ``436(b)(2)''.
(B) Section 433(e) (42 U.S.C. 629c(e)), as amended
by section 322(b) of this part, is amended by striking
``436(b)(4)(A)'' and inserting ``436(b)(3)(A)'' each
place it appears.
(C) Section 434(a)(2)(A) (42 U.S.C. 629d(a)(2)(A))
is amended by striking ``436(b)(4)(B)'' and inserting
``436(b)(3)(B)''.
(D) Section 437(b)(1) (42 U.S.C. 629g(b)(1)) is
amended by striking ``436(b)(1)'' and inserting
``435''.
(E) Section 437(f)(3) (42 U.S.C. 629g(f)(3)) is
amended by striking ``436(b)(5)'' and inserting
``436(b)(4)''.
(F) Section 438(c) (42 U.S.C. 629g(c)) is amended
in each of paragraphs (1) through (3) is amended by
striking ``436(b)(2)'' and inserting ``436(b)(1)''.
SEC. 325. REPORT ON POST ADOPTION AND SUBSIDIZED GUARDIANSHIP SERVICES.
(a) In General.--Within 2 years after the date of the enactment of
this Act, the Secretary of Health and Human Services shall prepare and
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report on
children who enter into foster care under the supervision of a State
administering a plan approved under part B or E of title IV of the
Social Security Act after finalization of an adoption or legal
guardianship.
(b) Information.--The Secretary shall include in the report
information, to the extent available through the Adoption and Foster
Care Analysis and Reporting System and other data sources, regarding
the incidence of adoption disruption and dissolution affecting children
described in subsection (a) and factors associated with such
circumstances, including--
(1) whether affected individuals received pre- or post-
legal adoption services; and
(2) other relevant information, such as the age of the
child involved.
(c) Post-adoption Services and Guardianship.--The Secretary shall
include in the report--
(1) a summary of post-adoption services and guardianship in
each State that are available to families that adopted children
from foster care and the extent to which the services are
evidence-based or evidence-informed.
(2) a summary of funding and funding sources for the
services in each State, including set-asides under the
Promoting Safe and Stable Families program.
SEC. 326. EFFECTIVE DATE.
(a) In General.--The amendments made by this part shall take effect
on October 1, 2025, and shall apply to payments under part B of title
IV of the Social Security Act for calendar quarters beginning on or
after such date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan developed pursuant to part B of title IV of the
Social Security Act to meet the additional requirements imposed by the
amendments made by this part, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
(c) Application to Programs Operated by Indian Tribal
Organizations.--In the case of an Indian tribe, tribal organization, or
tribal consortium that the Secretary of Health and Human Services
determines requires time to take action necessary to comply with the
additional requirements imposed by the amendments made by this part
(whether the tribe, organization, or tribal consortium has a plan under
section 479B of the Social Security Act or a cooperative agreement or
contract entered into with a State), the Secretary shall provide the
tribe, organization, or tribal consortium with such additional time as
the Secretary determines is necessary for the tribe, organization, or
tribal consortium to take the action to comply with the additional
requirements before being regarded as failing to comply with the
requirements.
PART 2--STRENGTHENING STATE AND TRIBAL CHILD SUPPORT
SEC. 331. SHORT TITLE.
This part may be cited as the ``Strengthening State and Tribal
Child Support Enforcement Act''.
SEC. 332. IMPROVING THE EFFECTIVENESS OF TRIBAL CHILD SUPPORT
ENFORCEMENT AGENCIES.
(a) Improving the Collection of Past-due Child Support Through
State and Tribal Parity in the Allowable Use of Tax Information.--
(1) Amendment to the social security act.--Section 464 of
the Social Security Act (42 U.S.C. 664) is amended by adding at
the end the following:
``(d) Applicability to Indian Tribes and Tribal Organizations
Receiving a Grant Under This Part.--This section, except for the
requirement to distribute amounts in accordance with section 457, shall
apply to an Indian tribe or tribal organization receiving a grant under
section 455(f) in the same manner in which this section applies to a
State with a plan approved under this part.''.
(2) Amendments to the internal revenue code.--
(A) Section 6103(a)(2) of the Internal Revenue Code
of 1986 is amended by striking ``any local child
support enforcement agency'' and inserting ``any tribal
or local child support enforcement agency''.
(B) Section 6103(a)(3) of such Code is amended by
inserting ``, (8)'' after ``(6)''.
(C) Section 6103(l) of such Code is amended--
(i) in paragraph (6)--
(I) by striking ``or local'' in
subparagraph (A) and inserting
``tribal, or local'';
(II) by striking ``and local'' in
the heading thereof and inserting
``tribal, and local'';
(III) by striking ``The following''
in subparagraph (B) and inserting
``The'';
(IV) by striking the colon and all
that follows in subparagraph (B) and
inserting a period; and
(V) by adding at the end the
following:
``(D) State, tribal, or local child support
enforcement agency.--For purposes of this paragraph,
the following shall be treated as a State, tribal, or
local child support enforcement agency:
``(i) Any agency of a State or political
subdivision thereof operating pursuant to a
plan described in section 454 of the Social
Security Act which has been approved by the
Secretary of Health and Human Services under
part D of title IV of such Act.
``(ii) Any child support enforcement agency
of an Indian tribe or tribal organization
receiving a grant under section 455(f) of the
Social Security Act.'';
(ii) in paragraph (8)--
(I) in subparagraph (A), by
striking ``or State or local'' and
inserting ``, State, tribal, or
local'';
(II) in subparagraph (B), by
striking ``enforced pursuant to a plan
described'' and all that follows
through ``of such Act'' and inserting
``enforced pursuant to the provisions
of part D of title IV of the Social
Security Act'';
(III) by adding at the end of
subparagraph (B) the following: ``The
information disclosed to any child
support enforcement agency under
subparagraph (A) with respect to any
individual with respect to whom child
support obligations are sought to be
established or enforced may be
disclosed by such agency to any agent
of such agency which is under contract
with such agency for purposes of, and
to the extent necessary in,
establishing and collecting child
support obligations from, and locating,
individuals owing such obligations.'';
(IV) by striking subparagraph (C)
and inserting the following:
``(C) State, tribal, or local child support
enforcement agency.--For purposes of this paragraph,
the term `State, tribal, or local child support
enforcement agency' has the same meaning as when used
in paragraph (6)(D).''; and
(V) by striking ``and local'' in
the heading thereof and inserting
``tribal, and local''; and
(iii) in paragraph (10)(B), by adding at
the end the following new clause:
``(iii) The information disclosed to any
child support enforcement agency under
subparagraph (A) with respect to any individual
with respect to whom child support obligations
are sought to be established or enforced may be
disclosed by such agency to any agent of such
agency which is under contract with such agency
for purposes of, and to the extent necessary
in, establishing and collecting child support
obligations from, and locating, individuals
owing such obligations.''.
(D) Section 6103(p)(4) of such Code is amended--
(i) by striking ``subsection (l)(10),
(13)(A), (13)(B), (13)(C), (13)(D)(i), (16),
(18), (19), or (20), or any entity'' in the
matter preceding subparagraph (A) and inserting
``subsection (l)(6), (8), (10), (13)(A),
(13)(B), (13)(C), (13)(D)(i), (16), (18), (19),
or (20), or any Indian tribe or tribal
organization receiving a grant under section
455(f) of the Social Security Act, or any
entity'';
(ii) by striking ``subsection (l)(10)'' in
subparagraph (F)(i) and inserting ``subsection
(l)(6), (8), (10)'';
(iii) by striking ``subsection (l)(10),
(13)(A), (13)(B), (13)(C), (13)(D)(i), (16),
(18), (19), or (20) or any entity'' each place
it appears in the matter following subparagraph
(F)(iii) and inserting ``subsection (l)(6),
(8), (10), (13)(A), (13)(B), (13)(C),
(13)(D)(i), (16), (18), (19), or (20), or any
Indian tribe or tribal organization receiving a
grant under section 455(f) of the Social
Security Act, or any entity''; and
(iv) by inserting ``, (8)'' after
``paragraph (6)(A)'' in the matter following
subparagraph (F)(iii).
(E) Section 6103(p)(9) of such Code is amended by
striking ``or local'' and inserting ``tribal, or
local''.
(F) Section 6402(c) of such Code is amended by
adding at the end the following: ``For purposes of this
subsection, any reference to a State shall include a
reference to any Indian tribe or tribal organization
receiving a grant under section 455(f) of the Social
Security Act.''.
(b) Reimbursement for Reports.--Section 453(g) of the Social
Security Act (42 U.S.C. 653(g)) is amended--
(1) in the subsection heading, by striking ``State''; and
(2) by striking ``and State'' and inserting ``, State, and
tribal''.
(c) Technical Amendments.--Paragraphs (7) and (33) of section 454
of the Social Security Act (42 U.S.C. 654) are each amended by striking
``450b'' and inserting ``5304''.
Subtitle B--Other Matters
SEC. 341. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``and for the period'' and
inserting ``for the period'';
(ii) by striking ``December 31, 2024'' and
inserting ``September 30, 2025'';
(iii) by inserting ``and for the period
beginning on October 1, 2025, and ending on
December 31, 2025,'' before ``allot to each
State''; and
(iv) by striking ``for fiscal year 2024 or
2025'' and inserting ``for fiscal year 2024,
2025, or 2026''; and
(B) in paragraph (2), by striking ``or 2025'' each
place it appears and inserting ``, 2025, or 2026''; and
(2) in subsection (f)(1)--
(A) by striking ``and for the period'' and
inserting ``for the period'';
(B) by striking ``December 31, 2024'' and inserting
``September 30, 2025''; and
(C) by inserting ``, and for the period beginning
on October 1, 2025, and ending on December 31, 2025, an
amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal
year 2025'' after ``corresponding period for fiscal
year 2024''.
SEC. 342. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding
clause (i)--
(i) by striking ``and for the period'' and
inserting ``for the period'';
(ii) by striking ``December 31, 2024'' and
inserting ``September 30, 2025''; and
(iii) by inserting ``and for the period
beginning on October 1, 2025, and ending on
December 31, 2025,'' before ``the Secretary
shall allot''; and
(B) in subparagraph (B)(i)--
(i) by striking ``and for the period'' and
inserting ``for the period'';
(ii) by striking ``December 31, 2024'' and
inserting ``September 30, 2025''; and
(iii) by inserting ``, and for the period
beginning on October 1, 2025, and ending on
December 31, 2025'' before the period;
(2) in subsection (c)(3), by striking ``fiscal year 2024 or
2025'' and inserting ``fiscal year 2024, 2025, or 2026''; and
(3) in subsection (f)--
(A) by striking ``and for the period'' and
inserting ``for the period'';
(B) by striking ``December 31, 2024'' and inserting
``September 30, 2025''; and
(C) by inserting ``, and for the period beginning
on October 1, 2025, and ending on December 31, 2025, an
amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal
year 2025'' after ``corresponding period for fiscal
year 2024''.
SEC. 343. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
Section 501(c)(1)(A)(viii) of the Social Security Act (42 U.S.C.
701(c)(1)(A)(viii)) is amended--
(1) by striking ``$1,500,000'' and inserting
``$7,500,000''; and
(2) by striking ``for the portion of fiscal year 2025
before January 1, 2025'' and inserting ``for the period
beginning on October 1, 2024, and ending on December 31,
2025''.
TITLE IV--PUBLIC HEALTH EXTENDERS
Subtitle A--Extensions
SEC. 401. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH
SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE
GME PROGRAMS.
(a) Extension for Community Health Centers.--Section 10503(b)(1) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1))
is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking ``, $4,000,000,000 for
each of fiscal years 2019 through 2023'' and all that follows
through ``and ending on December 31, 2024; and'' and inserting
a semicolon; and
(3) by adding at the end the following:
``(G) $4,000,000,000 for each of fiscal years 2019
through 2023;
``(H) $526,027,397 for the period beginning on
October 1, 2023, and ending on November 17, 2023,
$690,410,959 for the period beginning on November 18,
2023, and ending on January 19, 2024, $536,986,301 for
the period beginning on January 20, 2024, and ending on
March 8, 2024, and $3,592,328,767 for the period
beginning on October 1, 2023, and ending on December
31, 2024;
``(I) $3,365,753,425 for the period beginning on
January 1, 2025, and ending on September 30, 2025; and
``(J) $4,600,000,000 for fiscal year 2026; and''.
(b) Extension for the National Health Service Corps.--Section
10503(b)(2) of the Patient Protection and Affordable Care Act (42
U.S.C. 254b-2(b)(2)) is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(J) $261,780,822 for the period beginning on
January 1, 2025, and ending on September 30, 2025; and
``(K) $350,000,000 for fiscal year 2026.''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended--
(1) by striking ``not to exceed $230,000,000'' and all that
follows through ``and ending on December 31, 2024,''; and
(2) by striking the period at the end and inserting the
following: ``, not to exceed--
``(A) $230,000,000, for the period of fiscal years
2011 through 2015;
``(B) $60,000,000 for each of fiscal years 2016 and
2017;
``(C) $126,500,000 for each of fiscal years 2018
through 2023;
``(D) $16,635,616 for the period beginning on
October 1, 2023, and ending on November 17, 2023,
$21,834,247 for the period beginning on November 18,
2023, and ending on January 19, 2024, $16,982,192 for
the period beginning on January 20, 2024, and ending on
March 8, 2024, and $164,136,986 for the period
beginning on October 1, 2023, and ending on December
31, 2024;
``(E) $156,000,000 for the period beginning on
January 1, 2025, and ending on September 30, 2025;
``(F) $225,000,000 for fiscal year 2026;
``(G) $250,000,000 for fiscal year 2027;
``(H) $275,000,000 for fiscal year 2028; and
``(I) $300,000,000 for fiscal year 2029.''.
(d) Application of Provisions.--Amounts appropriated pursuant to
the amendments made by this section shall be subject to the
requirements contained in Public Law 117-328 for funds for programs
authorized under sections 330 through 340 of the Public Health Service
Act (42 U.S.C. 254b et seq.).
(e) Conforming Amendments.--Section 3014(h) of title 18, United
States Code, is amended--
(1) in paragraph (1), by striking ``under subparagraphs (E)
and (F) of section 10503(b)(1) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)(1))'' and inserting
``under section 10503(b)(1) of the Patient Protection and
Affordable Care Act (42 U.S.C. 254b-2(b)(1)) for fiscal year
2015 and each subsequent fiscal year (or period thereof)''; and
(2) in paragraph (4), by striking ``and section 101(d) of
the Consolidated Appropriations Act, 2024'' and inserting
``section 101(d) of the Consolidated Appropriations Act, 2024,
and section 401 of the Health Improvements, Extenders, and
Reauthorizations Act''.
SEC. 402. EXTENSION OF SPECIAL DIABETES PROGRAMS.
(a) Extension of Special Diabetes Programs for Type I Diabetes.--
Section 330B(b)(2) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(F) $149,589,041 for the period beginning on
January 1, 2025, and ending on September 30, 2025, to
remain available until expended; and
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended.''.
(b) Extending Funding for Special Diabetes Programs for Indians.--
Section 330C(c)(2) of the Public Health Service Act (42 U.S.C. 254c-
3(c)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(F) $149,589,041 for the period beginning on
January 1, 2025, and ending on September 30, 2025, to
remain available until expended; and
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended.''.
Subtitle B--World Trade Center Health Program
SEC. 411. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING CORRECTIONS.
(a) In General.--Section 3351(a)(2)(A) of the Public Health Service
Act (42 U.S.C. 300mm-61(a)(2)(A)) is amended--
(1) in clause (x), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (xi) as clause (xii); and
(3) by inserting after clause (x), the following:
``(xi) for each of fiscal years 2026
through 2040--
``(I) the amount determined under
this subparagraph for the previous
fiscal year multiplied by 1.05;
multiplied by
``(II) the ratio of--
``(aa) the total number of
individuals enrolled in the WTC
Program on July 1 of such
previous fiscal year; to
``(bb) the total number of
individuals so enrolled on July
1 of the fiscal year prior to
such previous fiscal year;
and''.
(b) Report to Congress.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the ``Secretary'')
shall conduct an assessment of anticipated budget authority and
outlays of the World Trade Center Health Program (referred to
in this subsection as the ``Program'') through the duration of
the Program and submit a report summarizing such assessment
to--
(A) the Speaker and minority leader of the House of
Representatives;
(B) the majority and minority leaders of the
Senate;
(C) the Committee on Health, Education, Labor, and
Pensions and Committee on the Budget of the Senate; and
(D) the Committee on Energy and Commerce and the
Committee on the Budget of the House of
Representatives.
(2) Inclusions.--The report required under paragraph (1)
shall include--
(A) a projection of Program budgetary needs on a
per-fiscal year basis through fiscal year 2090;
(B) a review of Program modeling for each of fiscal
years 2017 through the fiscal year prior to the fiscal
year in which the report is issued to assess how
anticipated budgetary needs compared to actual
expenditures;
(C) an assessment of the projected budget authority
and expenditures of the Program through fiscal year
2090 by comparing--
(i) such projected authority and
expenditures resulting from application of
section 3351(a)(2)(A) of the Public Health
Service Act (42 U.S.C. 300mm-61(a)(2)(A)), as
amended by subsection (a); and
(ii) such projected authority and
expenditures that would result if such section
were amended so that the formula under clause
(xi) of such section, as amended by subsection
(a), were to be extended through fiscal year
2090; and
(D) any recommendations of the Secretary to make
changes to the formula under such section
3351(a)(2)(A), as so amended, to fully offset
anticipated Program expenditures through fiscal year
2090.
(c) Technical Amendments.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3352(d) (42 U.S.C. 300mm-62(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts'';
(2) in section 3353(d) (42 U.S.C. 300mm-63(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts''; and
(3) in section 3354(d) (42 U.S.C. 300mm-64(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts''.
TITLE V--SUPPORT ACT REAUTHORIZATION
SEC. 501. SHORT TITLE.
This title may be cited as the ``SUPPORT for Patients and
Communities Reauthorization Act of 2024''.
Subtitle A--Prevention
SEC. 511. PRENATAL AND POSTNATAL HEALTH.
Section 317L(d) of the Public Health Service Act (42 U.S.C. 247b-
13(d)) is amended by striking ``such sums as may be necessary for each
of the fiscal years 2019 through 2023'' and inserting ``$4,250,000 for
each of fiscal years 2025 through 2029''.
SEC. 512. MONITORING AND EDUCATION REGARDING INFECTIONS ASSOCIATED WITH
ILLICIT DRUG USE AND OTHER RISK FACTORS.
Section 317N(d) of the Public Health Service Act (42 U.S.C. 247b-
15(d)) is amended by striking ``fiscal years 2019 through 2023'' and
inserting ``fiscal years 2025 through 2029''.
SEC. 513. PREVENTING OVERDOSES OF CONTROLLED SUBSTANCES.
(a) In General.--Section 392A of the Public Health Service Act (42
U.S.C. 280b-1) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (C), by inserting ``and
associated risks'' before the period at the end; and
(B) in subparagraph (D), by striking ``opioids''
and inserting ``substances causing overdose''; and
(2) in subsection (b)(2)--
(A) in subparagraph (B), by inserting ``, and
associated risk factors,'' after ``such overdoses'';
(B) in subparagraph (C), by striking ``coding'' and
inserting ``monitoring and identifying'';
(C) in subparagraph (E)--
(i) by inserting a comma after ``public
health laboratories''; and
(ii) by inserting ``and other emerging
substances related'' after ``analogues''; and
(D) in subparagraph (F), by inserting ``and
associated risk factors'' after ``overdoses''.
(b) Additional Grants.--Section 392A(a)(3) of the Public Health
Service Act (42 U.S.C. 280b-1(a)(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``and Indian Tribes--'' and inserting ``and Indian Tribes for
the following purposes:'';
(2) by amending subparagraph (A) to read as follows:
``(A) To carry out innovative projects for grantees
to detect, identify, and rapidly respond to controlled
substance misuse, abuse, and overdoses, and associated
risk factors, including changes in patterns of such
controlled substance use. Such projects may include the
use of innovative, evidence-based strategies for
detecting such patterns, such as wastewater
surveillance, if proven to support actionable
prevention strategies, in a manner consistent with
applicable Federal and State privacy laws.''; and
(3) in subparagraph (B), by striking ``for any'' and
inserting ``For any''.
(c) Authorization of Appropriations.--Section 392A(e) of the Public
Health Service Act (42 U.S.C. 280b-1(e)) is amended by striking
``$496,000,000 for each of fiscal years 2019 through 2023'' and
inserting ``$505,579,000 for each of fiscal years 2025 through 2029''.
SEC. 514. SUPPORT FOR INDIVIDUALS AND FAMILIES IMPACTED BY FETAL
ALCOHOL SPECTRUM DISORDER.
(a) In General.--Part O of title III of the Public Health Service
Act (42 U.S.C. 280f et seq.) is amended to read as follows:
``PART O--FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM
``SEC. 399H. FETAL ALCOHOL SPECTRUM DISORDERS PREVENTION, INTERVENTION,
AND SERVICES DELIVERY PROGRAM.
``(a) In General.--The Secretary shall establish or continue
activities to support a comprehensive fetal alcohol spectrum disorders
(referred to in this section as `FASD') education, prevention,
identification, intervention, and services delivery program, which may
include--
``(1) an education and public awareness program to support,
conduct, and evaluate the effectiveness of--
``(A) educational programs targeting health
professions schools, social and other supportive
services, educators and counselors and other service
providers in all phases of childhood development, and
other relevant service providers, concerning the
prevention, identification, and provision of services
for infants, children, adolescents and adults with
FASD;
``(B) strategies to educate school-age children,
including pregnant and high-risk youth, concerning
FASD;
``(C) public and community awareness programs
concerning FASD; and
``(D) strategies to coordinate information and
services across affected community agencies, including
agencies providing social services such as foster care,
adoption, and social work, agencies providing health
services, and agencies involved in education,
vocational training and civil and criminal justice;
``(2) supporting and conducting research on FASD, as
appropriate, including to--
``(A) develop appropriate medical diagnostic
methods for identifying FASD; and
``(B) develop effective culturally and
linguistically appropriate evidence-based or evidence-
informed interventions and appropriate supports for
preventing prenatal alcohol exposure, which may co-
occur with exposure to other substances;
``(3) building State and Tribal capacity for the
identification, treatment, and support of individuals with FASD
and their families, which may include--
``(A) utilizing and adapting existing Federal,
State, or Tribal programs to include FASD
identification and FASD-informed support;
``(B) developing and expanding screening and
diagnostic capacity for FASD;
``(C) developing, implementing, and evaluating
targeted FASD-informed intervention programs for FASD;
``(D) providing training with respect to FASD for
professionals across relevant sectors; and
``(E) disseminating information about FASD and
support services to affected individuals and their
families; and
``(4) an applied research program concerning intervention
and prevention to support and conduct service demonstration
projects, clinical studies and other research models providing
advocacy, educational and vocational training, counseling,
medical and mental health, and other supportive services, as
well as models that integrate and coordinate such services,
that are aimed at the unique challenges facing individuals with
Fetal Alcohol Syndrome or Fetal Alcohol Effect and their
families.
``(b) Grants and Technical Assistance.--
``(1) In general.--The Secretary may award grants,
cooperative agreements and contracts and provide technical
assistance to eligible entities to carry out subsection (a).
``(2) Eligible entities.--To be eligible to receive a
grant, or enter into a cooperative agreement or contract, under
this section, an entity shall--
``(A) be a State, Indian Tribe or Tribal
organization, local government, scientific or academic
institution, or nonprofit organization; and
``(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require, including a description of the activities that
the entity intends to carry out using amounts received
under this section.
``(3) Additional application contents.--The Secretary may
require that an eligible entity include in the application
submitted under paragraph (2)(B)--
``(A) a designation of an individual to serve as a
FASD State or Tribal coordinator of activities such
eligible entity proposes to carry out through a grant,
cooperative agreement, or contract under this section;
and
``(B) a description of an advisory committee the
entity will establish to provide guidance for the
entity on developing and implementing a statewide or
Tribal strategic plan to prevent FASD and provide for
the identification, treatment, and support of
individuals with FASD and their families.
``(c) Definition of FASD-informed.--For purposes of this section,
the term `FASD-informed', with respect to support or an intervention
program, means that such support or intervention program uses
culturally and linguistically informed evidence-based or practice-based
interventions and appropriate resources to support an improved quality
of life for an individual with FASD and the family of such individual.
``SEC. 399I. STRENGTHENING CAPACITY AND EDUCATION FOR FETAL ALCOHOL
SPECTRUM DISORDERS.
``(a) In General.--The Secretary shall award grants, contracts, or
cooperative agreements, as the Secretary determines appropriate, to
public or nonprofit private entities with demonstrated expertise in the
field of fetal alcohol spectrum disorders (referred to in this section
as `FASD'). Such awards shall be for the purposes of building local,
Tribal, State, and nationwide capacities to prevent the occurrence of
FASD by carrying out the programs described in subsection (b).
``(b) Programs.--An entity receiving an award under subsection (a)
may use such award for the following purposes:
``(1) Developing and supporting public education and
outreach activities to raise public awareness of the risks
associated with alcohol consumption during pregnancy.
``(2) Acting as a clearinghouse for evidence-based
resources on FASD prevention, identification, and culturally
and linguistically appropriate best practices to help inform
systems of care for individuals with FASD across their
lifespan.
``(3) Increasing awareness and understanding of
efficacious, evidence-based screening tools and culturally and
linguistically appropriate evidence-based intervention services
and best practices, which may include improving the capacity
for State, Tribal, and local affiliates.
``(4) Providing technical assistance to recipients of
grants, cooperative agreements, or contracts under section
399H, as appropriate.
``(c) Application.--To be eligible for a grant, contract, or
cooperative agreement under this section, an entity shall submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
``(d) Subcontracting.--A public or private nonprofit entity may
carry out the following activities required under this section through
contracts or cooperative agreements with other public and private
nonprofit entities with demonstrated expertise in FASD:
``(1) Resource development and dissemination.
``(2) Intervention services.
``(3) Training and technical assistance.
``SEC. 399J. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$12,500,000 for each of fiscal years 2025 through 2029.''.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, and every year thereafter, the Secretary of Health and Human
Services shall prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report
containing--
(1) a review of the activities carried out pursuant to
sections 399H and 399I of the Public Health Service Act, as
amended, to advance public education and awareness of fetal
alcohol spectrum disorders (referred to in this section as
``FASD'');
(2) a description of--
(A) the activities carried out pursuant to such
sections 399H and 399I to identify, prevent, and treat
FASD; and
(B) methods used to evaluate the outcomes of such
activities; and
(3) an assessment of activities carried out pursuant to
such sections 399H and 399I to support individuals with FASD.
SEC. 515. PROMOTING STATE CHOICE IN PDMP SYSTEMS.
Section 399O(h) of the Public Health Service Act (42 U.S.C. 280g-
3(h)) is amended by adding at the end the following:
``(5) Promoting state choice.--Nothing in this section
shall be construed to authorize the Secretary to require States
to use a specific vendor or a specific interoperability
connection other than to align with nationally recognized,
consensus-based open standards, such as in accordance with
sections 3001 and 3004.''.
SEC. 516. FIRST RESPONDER TRAINING PROGRAM.
Section 546 of the Public Health Service Act (42 U.S.C. 290ee-1) is
amended--
(1) in subsection (a), by striking ``tribes and tribal''
and inserting ``Tribes and Tribal'';
(2) in subsections (a), (c), and (d)--
(A) by striking ``approved or cleared'' each place
it appears and inserting ``approved, cleared, or
otherwise legally marketed''; and
(B) by striking ``opioid'' each place it appears;
(3) in subsection (f)--
(A) by striking ``approved or cleared'' each place
it appears and inserting ``approved, cleared, or
otherwise legally marketed'';
(B) in paragraph (1), by striking ``opioid'';
(C) in paragraph (2)--
(i) by striking ``opioid and heroin'' and
inserting ``opioid, heroin, and other drug'';
and
(ii) by striking ``opioid overdose'' and
inserting ``overdose''; and
(D) in paragraph (3), by striking ``opioid and
heroin''; and
(4) in subsection (h), by striking ``$36,000,000 for each
of fiscal years 2019 through 2023'' and inserting ``$56,000,000
for each of fiscal years 2025 through 2029''.
SEC. 517. DONALD J. COHEN NATIONAL CHILD TRAUMATIC STRESS INITIATIVE.
(a) Technical Amendment.--The second part G of title V of the
Public Health Service Act (42 U.S.C. 290kk et seq.), as added by
section 144 of the Community Renewal Tax Relief Act (Public Law 106-
554), is amended--
(1) by redesignating such part as part J; and
(2) by redesignating sections 581 through 584 as sections
596 through 596C, respectively.
(b) In General.--Section 582 of the Public Health Service Act (42
U.S.C. 290hh-1) is amended--
(1) in the section heading, by striking ``violence related
stress'' and inserting ``traumatic events'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``tribes and tribal'' and inserting ``Tribes
and Tribal''; and
(B) in paragraph (2), by inserting ``and
dissemination'' after ``the development'';
(3) in subsection (b), by inserting ``and dissemination''
after ``the development'';
(4) in subsection (d)--
(A) by striking ``The NCTSI'' and inserting the
following:
``(1) Coordinating center.--The NCTSI''; and
(B) by adding at the end the following:
``(2) Nctsi grantees.--In carrying out subsection (a)(2),
NCTSI grantees shall develop trainings and other resources, as
applicable and appropriate, to support implementation of the
evidence-based practices developed and disseminated under such
subsection.'';
(5) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly;
(B) in subparagraph (A), as so redesignated, by
inserting ``and implementation'' after ``the
dissemination'';
(C) by striking ``The NCTSI'' and inserting the
following:
``(1) Coordinating center.--The NCTSI''; and
(D) by adding at the end the following:
``(2) Nctsi grantees.--NCTSI grantees shall, as
appropriate, collaborate with other such grantees, the NCTSI
coordinating center, and the Secretary in carrying out
subsections (a)(2) and (d)(2).'';
(6) by amending subsection (h) to read as follows:
``(h) Application and Evaluation.--To be eligible to receive a
grant, contract, or cooperative agreement under subsection (a), a
public or nonprofit private entity or an Indian Tribe or Tribal
organization shall submit to the Secretary an application at such time,
in such manner, and containing such information and assurances as the
Secretary may require, including--
``(1) a plan for the evaluation of the activities funded
under the grant, contract, or agreement, including both process
and outcomes evaluation, and the submission of an evaluation at
the end of the project period; and
``(2) a description of how such entity, Indian Tribe, or
Tribal organization will support efforts led by the Secretary
or the NCTSI coordinating center, as applicable, to evaluate
activities carried out under this section.''; and
(7) by amending subsection (j) to read as follows:
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
``(1) $93,887,000 for fiscal year 2025;
``(2) $95,000,000 for fiscal year 2026;
``(3) $97,000,000 for fiscal year 2027;
``(4) $100,000,000 for fiscal year 2028; and
``(5) $100,000,000 for fiscal year 2029.''.
SEC. 518. PROTECTING SUICIDE PREVENTION LIFELINE FROM CYBERSECURITY
INCIDENTS.
(a) National Suicide Prevention Lifeline Program.--Section 520E-
3(b) of the Public Health Service Act (42 U.S.C. 290bb-36c(b)) is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) taking such steps as may be necessary to ensure the
suicide prevention hotline is protected from cybersecurity
incidents and eliminates known cybersecurity
vulnerabilities.''.
(b) Reporting.--Section 520E-3 of the Public Health Service Act (42
U.S.C. 290bb-36c) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Cybersecurity Reporting.--
``(1) Notification.--
``(A) In general.--The program's network
administrator receiving Federal funding pursuant to
subsection (a) shall report to the Assistant Secretary,
in a manner that protects personal privacy, consistent
with applicable Federal and State privacy laws--
``(i) any identified cybersecurity
vulnerabilities to the program within a
reasonable amount of time after identification
of such a vulnerability; and
``(ii) any identified cybersecurity
incidents to the program within a reasonable
amount of time after identification of such
incident.
``(B) Local and regional crisis centers.--Local and
regional crisis centers participating in the program
shall report to the program's network administrator
identified under subparagraph (A), in a manner that
protects personal privacy, consistent with applicable
Federal and State privacy laws--
``(i) any identified cybersecurity
vulnerabilities to the program within a
reasonable amount of time after identification
of such vulnerability; and
``(ii) any identified cybersecurity
incidents to the program within a reasonable
amount of time after identification of such
incident.
``(2) Notification.--If the program's network administrator
receiving funding pursuant to subsection (a) discovers, or is
informed by a local or regional crisis center pursuant to
paragraph (1)(B) of, a cybersecurity vulnerability or incident,
within a reasonable amount of time after such discovery or
receipt of information, such entity shall report the
vulnerability or incident to the Assistant Secretary.
``(3) Clarification.--
``(A) Oversight.--
``(i) Local and regional crisis centers.--
Except as provided in clause (ii), local and
regional crisis centers participating in the
program shall oversee all technology each
center employs in the provision of services as
a participant in the program.
``(ii) Network administrator.--The
program's network administrator receiving
Federal funding pursuant to subsection (a)
shall oversee the technology each crisis center
employs in the provision of services as a
participant in the program if such oversight
responsibilities are established in the
applicable network participation agreement.
``(B) Supplement, not supplant.--The cybersecurity
incident reporting requirements under this subsection
shall supplement, and not supplant, cybersecurity
incident reporting requirements under other provisions
of applicable Federal law that are in effect on the
date of the enactment of the SUPPORT for Patients and
Communities Reauthorization Act of 2024.''.
(c) Study.--Not later than 180 days after the date of the enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct and complete a study that evaluates
cybersecurity risks and vulnerabilities associated with the 9-
8-8 National Suicide Prevention Lifeline; and
(2) submit a report on the findings of such study to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.
SEC. 519. BRUCE'S LAW.
(a) Youth Prevention and Recovery.--Section 7102(c) of the SUPPORT
for Patients and Communities Act (42 U.S.C. 290bb-7a(c)) is amended--
(1) in paragraph (3)(A)(i), by inserting ``, which may
include strategies to increase education and awareness of the
potency and dangers of synthetic opioids (including drugs
contaminated with fentanyl) and, as appropriate, other emerging
drug use or misuse issues'' before the semicolon; and
(2) in paragraph (4)(A), by inserting ``and strategies to
increase education and awareness of the potency and dangers of
synthetic opioids (including drugs contaminated with fentanyl)
and, as appropriate, emerging drug use or misuse issues''
before the semicolon.
(b) Interdepartmental Substance Use Disorders Coordinating
Committee.--Section 7022 of the SUPPORT for Patients and Communities
Act (42 U.S.C. 290aa note) is amended--
(1) by striking subsection (g) and inserting the following:
``(g) Working Groups.--
``(1) In general.--The Committee may establish working
groups for purposes of carrying out the duties described in
subsection (e). Any such working group shall be composed of
members of the Committee (or the designees of such members) and
may hold such meetings as are necessary to carry out the duties
delegated to the working group.
``(2) Additional federal interagency work group on fentanyl
contamination of illegal drugs.--
``(A) Establishment.--The Secretary, acting through
the Committee, shall establish a Federal Interagency
Work Group on Fentanyl Contamination of Illegal Drugs
(referred to in this paragraph as the `Work Group')
consisting of representatives from relevant Federal
departments and agencies on the Committee.
``(B) Consultation.--The Work Group shall consult
with relevant stakeholders and subject matter experts,
including--
``(i) State, Tribal, and local subject
matter experts in reducing, preventing, and
responding to drug overdose caused by fentanyl
contamination of illicit drugs; and
``(ii) family members of both adults and
youth who have overdosed by fentanyl
contaminated illicit drugs.
``(C) Duties.--The Work Group shall--
``(i) examine Federal efforts to reduce and
prevent drug overdose by fentanyl-contaminated
illicit drugs;
``(ii) identify strategies to improve
State, Tribal, and local responses to overdose
by fentanyl-contaminated illicit drugs;
``(iii) coordinate with the Secretary, as
appropriate, in carrying out activities to
raise public awareness of synthetic opioids and
other emerging drug use and misuse issues;
``(iv) make recommendations to Congress for
improving Federal programs, including with
respect to the coordination of efforts across
such programs; and
``(v) make recommendations for educating
youth on the potency and dangers of drugs
contaminated by fentanyl.
``(D) Annual report to secretary.--The Work Group
shall annually prepare and submit to the Secretary, the
Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Energy and Commerce
and the Committee on Education and the Workforce of the
House of Representatives, a report on the activities
carried out by the Work Group under subparagraph (C),
including recommendations to reduce and prevent drug
overdose by fentanyl contamination of illegal drugs, in
all populations, and specifically among youth at risk
for substance misuse.''; and
(2) by striking subsection (i) and inserting the following:
``(i) Sunset.--The Committee shall
terminate on September 30, 2029.''.
SEC. 520. GUIDANCE ON AT-HOME DRUG DISPOSAL SYSTEMS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services, in
consultation with the Administrator of the Drug Enforcement
Administration, shall publish guidance to facilitate the use of at-home
safe disposal systems for applicable drugs.
(b) Contents.--The guidance under subsection (a) shall include--
(1) recommended standards for effective at-home drug
disposal systems to meet applicable requirements enforced by
the Food and Drug Administration;
(2) recommended information to include as instructions for
use to disseminate with at-home drug disposal systems;
(3) best practices and educational tools to support the use
of an at-home drug disposal system, as appropriate; and
(4) recommended use of licensed health providers for the
dissemination of education, instruction, and at-home drug
disposal systems, as appropriate.
SEC. 521. ASSESSMENT OF OPIOID DRUGS AND ACTIONS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall publish on the
website of the Food and Drug Administration (referred to in this
section as the ``FDA'') a report that outlines a plan for assessing
opioid analgesic drugs that are approved under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) that addresses the
public health effects of such opioid analgesic drugs as part of the
benefit-risk assessment and the activities of the FDA that relate to
facilitating the development of nonaddictive medical products intended
to treat pain or addiction. Such report shall include--
(1) an update on the actions taken by the FDA to consider
the effectiveness, safety, benefit-risk profile, and use of
approved opioid analgesic drugs;
(2) a timeline for an assessment of the potential need, as
appropriate, for labeling changes, revised or additional
postmarketing requirements, enforcement actions, or withdrawals
for opioid analgesic drugs;
(3) an overview of the steps that the FDA has taken to
support the development and approval of nonaddictive medical
products intended to treat pain or addiction, and actions
planned to further support the development and approval of such
products; and
(4) an overview of the consideration by the FDA of clinical
trial methodologies for analgesic drugs, including the enriched
enrollment randomized withdrawal methodology, and the benefits
and drawbacks associated with different trial methodologies for
such drugs, incorporating any public input received under
subsection (b).
(b) Public Input.--In carrying out subsection (a), the Secretary
shall provide an opportunity for public input concerning the regulation
by the FDA of opioid analgesic drugs, including scientific evidence
that relates to conditions of use, safety, or benefit-risk assessment
(including consideration of the public health effects) of such opioid
analgesic drugs.
SEC. 522. GRANT PROGRAM FOR STATE AND TRIBAL RESPONSE TO OPIOID USE
DISORDERS.
The activities carried out pursuant to section 1003(b)(4)(A) of the
21st Century Cures Act (42 U.S.C. 290ee-3a(b)(4)(A)) may include
facilitating access to products used to prevent overdose deaths by
detecting the presence of one or more substances, such as fentanyl and
xylazine test strips, to the extent the purchase and possession of such
products is consistent with Federal and State law.
Subtitle B--Treatment
SEC. 531. RESIDENTIAL TREATMENT PROGRAM FOR PREGNANT AND POSTPARTUM
WOMEN.
Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is
amended--
(1) in subsection (d)(11)(C), by striking ``providing
health services'' and inserting ``providing health care
services'';
(2) in subsection (g)--
(A) by inserting ``a plan describing'' after ``will
provide''; and
(B) by adding at the end the following: ``Such plan
may include a description of how such applicant will
target outreach to women disproportionately impacted by
maternal substance use disorder.''; and
(3) in subsection (s), by striking ``$29,931,000 for each
of fiscal years 2019 through 2023'' and inserting ``$38,931,000
for each of fiscal years 2025 through 2029''.
SEC. 532. IMPROVING ACCESS TO ADDICTION MEDICINE PROVIDERS.
Section 597 of the Public Health Service Act (42 U.S.C. 290ll) is
amended--
(1) in subsection (a)(1), by inserting ``diagnosis,'' after
``related to''; and
(2) in subsection (b), by inserting ``addiction medicine,''
after ``psychiatry,''.
SEC. 533. MENTAL AND BEHAVIORAL HEALTH EDUCATION AND TRAINING GRANTS.
Section 756(f) of the Public Health Service Act (42 U.S.C. 294e-
1(f)) is amended by striking ``fiscal years 2023 through 2027'' and
inserting ``fiscal years 2025 through 2029''.
SEC. 534. LOAN REPAYMENT PROGRAM FOR SUBSTANCE USE DISORDER TREATMENT
WORKFORCE.
Section 781(j) of the Public Health Service Act (42 U.S.C. 295h(j))
is amended by striking ``$25,000,000 for each of fiscal years 2019
through 2023'' and inserting ``$40,000,000 for each of fiscal years
2025 through 2029''.
SEC. 535. DEVELOPMENT AND DISSEMINATION OF MODEL TRAINING PROGRAMS FOR
SUBSTANCE USE DISORDER PATIENT RECORDS.
Section 7053 of the SUPPORT for Patients and Communities Act (42
U.S.C. 290dd-2 note) is amended by striking subsection (e).
SEC. 536. TASK FORCE ON BEST PRACTICES FOR TRAUMA-INFORMED
IDENTIFICATION, REFERRAL, AND SUPPORT.
Section 7132 of the SUPPORT for Patients and Communities Act
(Public Law 115-271; 132 Stat. 4046) is amended--
(1) in subsection (b)(1)--
(A) by redesignating subparagraph (CC) as
subparagraph (DD); and
(B) by inserting after subparagraph (BB) the
following:
``(CC) The Administration for Community Living.'';
(2) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ``, developmental disability
service providers'' before ``, individuals who are''; and
(3) in subsection (i), by striking ``2023'' and inserting
``2029''.
SEC. 537. GRANTS TO ENHANCE ACCESS TO SUBSTANCE USE DISORDER TREATMENT.
Section 3203 of the SUPPORT for Patients and Communities Act (21
U.S.C. 823 note) is amended--
(1) by striking subsection (b); and
(2) by striking ``(a) In General.--The Secretary'' and
inserting the following: ``The Secretary''.
SEC. 538. STATE GUIDANCE RELATED TO INDIVIDUALS WITH SERIOUS MENTAL
ILLNESS AND CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCE.
(a) Review of Use of Certain Funding.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary''), acting
through the Assistant Secretary for Mental Health and Substance Use,
shall conduct a review of State use of funds made available under the
Community Mental Health Services Block Grant program under subpart I of
part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et
seq.) (referred to in this section as the ``block grant program'') for
first episode psychosis activities. Such review shall consider the
following:
(1) How States use funds for evidence-based treatments and
services according to the standard of care for individuals with
early serious mental illness and children with a serious
emotional disturbance.
(2) The percentages of the State funding under the block
grant program expended on early serious mental illness and
first episode psychosis, and the number of individuals served
under such funds.
(b) Report and Guidance.--
(1) Report.--Not later than 180 days after the completion
of the review under subsection (a), the Secretary shall submit
to the Committee on Health, Education, Labor, and Pensions and
the Committee on Appropriations of the Senate and the Committee
on Energy and Commerce and the Committee on Appropriations of
the House of Representatives a report describing--
(A) the findings of the review under subsection
(a); and
(B) any recommendations for changes to the block
grant program that would facilitate improved outcomes
for individuals with serious mental illness and
children with serious emotional disturbance.
(2) Guidance.--Not later than 1 year after the date on
which the report is submitted under paragraph (1), the
Secretary shall update the guidance provided to States under
the block grant program on coordinated specialty care and other
evidence-based mental health care services for individuals with
serious mental illness and children with a serious emotional
disturbance, based on the findings and recommendations of such
report.
SEC. 539. REVIEWING THE SCHEDULING OF APPROVED PRODUCTS CONTAINING A
COMBINATION OF BUPRENORPHINE AND NALOXONE.
(a) Secretary of Hhs.--The Secretary of Health and Human Services
shall, consistent with the requirements and procedures set forth in
sections 201 and 202 of the Controlled Substances Act (21 U.S.C. 811,
812)--
(1) review the relevant data pertaining to the scheduling
of products containing a combination of buprenorphine and
naloxone that have been approved under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); and
(2) if appropriate, request that the Attorney General
initiate rulemaking proceedings to revise the schedules
accordingly with respect to such products.
(b) Attorney General.--The Attorney General shall review any
request made by the Secretary of Health and Human Services under
subsection (a)(2) and determine whether to initiate proceedings to
revise the schedules in accordance with the criteria set forth in
sections 201 and 202 of the Controlled Substances Act (21 U.S.C. 811,
812).
Subtitle C--Recovery
SEC. 541. BUILDING COMMUNITIES OF RECOVERY.
Section 547(f) of the Public Health Service Act (42 U.S.C. 290ee-
2(f)) is amended by striking ``$5,000,000 for each of fiscal years 2019
through 2023'' and inserting ``$16,000,000 for each of fiscal years
2025 through 2029''.
SEC. 542. PEER SUPPORT TECHNICAL ASSISTANCE CENTER.
Section 547A of the Public Health Service Act (42 U.S.C. 290ee-2a)
is amended--
(1) in subsection (b)(4), by striking ``building; and'' and
inserting the following: ``building, such as--
``(A) professional development of peer support
specialists; and
``(B) making recovery support services available in
nonclinical settings; and'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(3) by inserting after subsection (c) the following:
``(d) Regional Centers.--
``(1) In general.--The Secretary may establish one regional
technical assistance center (referred to in this subsection as
the `Regional Center'), with existing resources, to assist the
Center in carrying out activities described in subsection (b)
within the geographic region of such Regional Center in a
manner that is tailored to the needs of such region.
``(2) Evaluation.--Not later than 4 years after the date of
enactment of the SUPPORT for Patients and Communities
Reauthorization Act of 2024, the Secretary shall evaluate the
activities of the Regional Center and submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the findings of such evaluation,
including--
``(A) a description of the distinct roles and
responsibilities of the Regional Center and the Center;
``(B) available information relating to the
outcomes of the Regional Center under this subsection,
such as any impact on the operations and efficiency of
the Center relating to requests for technical
assistance and support within the region of such
Regional Center;
``(C) a description of any gaps or areas of
duplication relating to the activities of the Regional
Center and the Center within such region; and
``(D) recommendations relating to the modification,
expansion, or termination of the Regional Center under
this subsection.
``(3) Termination.--This subsection shall terminate on
September 30, 2029.''; and
(4) in subsection (f), as so redesignated, by striking
``$1,000,000 for each of fiscal years 2019 through 2023'' and
inserting ``$2,000,000 for each of fiscal years 2025 through
2029''.
SEC. 543. COMPREHENSIVE OPIOID RECOVERY CENTERS.
Section 552 of the Public Health Service Act (42 U.S.C. 290ee-7) is
amended--
(1) in subsection (d)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``and in such manner'' and inserting ``, in
such manner, and containing such information and
assurances, including relevant documentation,''; and
(B) in subparagraph (A), by striking ``is capable
of coordinating with other entities to carry out'' and
inserting ``has the demonstrated capability to carry
out, through referral or contractual arrangements'';
(2) in subsection (h)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
adjusting the margins accordingly;
(B) by striking ``With respect to'' and inserting
the following:
``(1) In general.--With respect to''; and
(C) by adding at the end the following:
``(2) Additional reporting for certain eligible entities.--
An entity carrying out activities described in subsection (g)
through referral or contractual arrangements shall include in
the submissions required under paragraph (1) information
related to the status of such referrals or contractual
arrangements, including an assessment of whether such referrals
or contractual arrangements are supporting the ability of such
entity to carry out such activities.''; and
(3) in subsection (j), by striking ``2019 through 2023''
and inserting ``2025 through 2029''.
SEC. 544. YOUTH PREVENTION AND RECOVERY.
Section 7102(c) of the SUPPORT for Patients and Communities Act (42
U.S.C. 290bb-7a(c)) (as amended by section 110(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by inserting ``, or a
consortium of local educational
agencies,'' after ``a local educational
agency''; and
(II) by striking ``high schools''
and inserting ``secondary schools'';
and
(ii) in clause (vi), by striking ``tribe,
or tribal'' and inserting ``Tribe, or Tribal'';
(B) by amending subparagraph (E) to read as
follows:
``(E) Indian tribe; tribal organization.--The terms
`Indian Tribe' and `Tribal organization' have the
meanings given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).'';
(C) by redesignating subparagraph (K) as
subparagraph (L); and
(D) by inserting after subparagraph (J) the
following:
``(K) Secondary school.--The term `secondary
school' has the meaning given such term in section 8101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).'';
(2) in paragraph (3)(A), in the matter preceding clause
(i)--
(A) by striking ``and abuse''; and
(B) by inserting ``at increased risk for substance
misuse'' after ``specific populations'';
(3) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
striking ``Indian tribes'' and inserting ``Indian
Tribes'';
(B) in subparagraph (A), by striking ``and abuse'';
and
(C) in subparagraph (B), by striking ``peer
mentoring'' and inserting ``peer-to-peer support'';
(4) in paragraph (5), by striking ``tribal'' and inserting
``Tribal'';
(5) in paragraph (6)(A)--
(A) in clause (iv), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following:
``(vi) a plan to sustain the activities
carried out under the grant program, after the
grant program has ended; and'';
(6) in paragraph (8), by striking ``2022'' and inserting
``2027''; and
(7) by amending paragraph (9) to read as follows:
``(9) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated--
``(A) $10,000,000 for fiscal year 2025;
``(B) $12,000,000 for fiscal year 2026;
``(C) $13,000,000 for fiscal year 2027;
``(D) $14,000,000 for fiscal year 2028; and
``(E) $15,000,000 for fiscal year 2029.''.
SEC. 545. CAREER ACT.
(a) In General.--Section 7183 of the SUPPORT for Patients and
Communities Act (42 U.S.C. 290ee-8) is amended--
(1) in the section heading, by inserting ``; treatment,
recovery, and workforce support grants'' after ``career act'';
(2) in subsection (b), by inserting ``each'' before ``for a
period'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``the rates
described in paragraph (2)'' and inserting ``the
average rates for calendar years 2018 through 2022
described in paragraph (2)''; and
(B) by amending paragraph (2) to read as follows:
``(2) Rates.--The rates described in this paragraph are the
following:
``(A) The highest age-adjusted average rates of
drug overdose deaths for calendar years 2018 through
2022 based on data from the Centers for Disease Control
and Prevention, including, if necessary, provisional
data for calendar year 2022.
``(B) The highest average rates of unemployment for
calendar years 2018 through 2022 based on data provided
by the Bureau of Labor Statistics.
``(C) The lowest average labor force participation
rates for calendar years 2018 through 2022 based on
data provided by the Bureau of Labor Statistics.'';
(4) in subsection (g)--
(A) in each of paragraphs (1) and (3), by
redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively, and adjusting the margins
accordingly;
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
adjusting the margins accordingly;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``An entity'' and inserting
the following:
``(1) In general.--An entity''; and
(D) by adding at the end the following:
``(2) Transportation services.--An entity receiving a grant
under this section may use not more than 5 percent of the funds
for providing transportation for individuals to participate in
an activity supported by a grant under this section, which
transportation shall be to or from a place of work or a place
where the individual is receiving vocational education or job
training services or receiving services directly linked to
treatment of or recovery from a substance use disorder.
``(3) Limitation.--The Secretary may not require an entity
to, or give priority to an entity that plans to, use the funds
of a grant under this section for activities that are not
specified in this subsection.'';
(5) in subsection (i)(2), by inserting ``, which shall
include employment and earnings outcomes described in
subclauses (I) and (III) of section 116(b)(2)(A)(i) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)) with respect to the participation of such
individuals with a substance use disorder in programs and
activities funded by the grant under this section'' after
``subsection (g)'';
(6) in subsection (j)--
(A) in paragraph (1), by inserting ``for grants
awarded prior to the date of enactment of the SUPPORT
for Patients and Communities Reauthorization Act of
2024'' after ``grant period under this section''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``2 years after submitting the
preliminary report required under paragraph
(1)'' and inserting ``September 30, 2029''; and
(ii) in subparagraph (A), by striking
``(g)(3)'' and inserting ``(g)(1)(C)''; and
(7) in subsection (k), by striking ``$5,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$12,000,000
for each of fiscal years 2025 through 2029''.
(b) Reauthorization of the CAREER Act; Recovery Housing Pilot
Program.--
(1) In general.--Section 8071 of the SUPPORT for Patients
and Communities Act (42 U.S.C. 5301 note; Public Law 115-271)
is amended--
(A) by striking the section heading and inserting
``career act; recovery housing pilot program'';
(B) in subsection (a), by striking ``through 2023''
and inserting ``through 2029'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``not
later than 60 days after the date of enactment
of this Act'' and inserting ``not later than 60
days after the date of enactment of the SUPPORT
for Patients and Communities Reauthorization
Act of 2024''; and
(ii) in paragraph (2)(B)(i)--
(I) in subclause (I)--
(aa) by striking ``for
calendar years 2013 through
2017''; and
(bb) by inserting ``for
calendar years 2018 through
2022'' after ``rates of
unemployment'';
(II) in subclause (II)--
(aa) by striking ``for
calendar years 2013 through
2017''; and
(bb) by inserting ``for
calendar years 2018 through
2022'' after ``participation
rates''; and
(III) by striking subclause (III)
and inserting the following:
``(III) The highest age-adjusted
average rates of drug overdose deaths
for calendar years 2018 through 2022
based on data from the Centers for
Disease Control and Prevention,
including, if necessary, provisional
data for calendar year 2022.''; and
(D) in subsection (f), by striking ``For the 2-year
period following the date of enactment of this Act,
the'' and inserting ``The''.
(2) Conforming amendment.--Subtitle F of title VIII of the
SUPPORT for Patients and Communities Act (Public Law 115-271;
132 Stat. 4095) is amended by striking the subtitle heading and
inserting the following: ``Subtitle F--CAREER Act; Recovery
Housing Pilot Program'' .
(c) Clerical Amendments.--The table of contents in section 1(b) of
the SUPPORT for Patients and Communities Act (Public Law 115-271; 132
Stat. 3894) is amended--
(1) by striking the item relating to section 7183 and
inserting the following:
``Sec. 7183. CAREER Act; treatment, recovery, and workforce support
grants.'';
(2) by striking the item relating to subtitle F of title
VIII and inserting the following:
``Subtitle F--CAREER Act; Recovery Housing Pilot Program''; and
(3) by striking the item relating to section 8071 and
inserting the following:
``Sec. 8071. CAREER Act; Recovery Housing Pilot Program.''.
SEC. 546. ADDRESSING ECONOMIC AND WORKFORCE IMPACTS OF THE OPIOID
CRISIS.
Section 8041(g)(1) of the SUPPORT for Patients and Communities Act
(29 U.S.C. 3225a(g)(1)) is amended by striking ``2023'' and inserting
``2029''.
Subtitle D--Miscellaneous Matters
SEC. 551. DELIVERY OF A CONTROLLED SUBSTANCE BY A PHARMACY TO A
PRESCRIBING PRACTITIONER.
Section 309A(a) of the Controlled Substances Act (21 U.S.C.
829a(a)) is amended by striking paragraph (2) and inserting the
following:
``(2) the controlled substance is a drug in schedule III,
IV, or V to be administered--
``(A) by injection or implantation for the purpose
of maintenance or detoxification treatment; or
``(B) subject to a risk evaluation and mitigation
strategy pursuant to section 505-1 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355-1) that includes
elements to assure safe use of the drug described in
subsection (f)(3)(E) of such section, including a
requirement for post-administration monitoring by a
health care provider.''.
SEC. 552. TECHNICAL CORRECTION ON CONTROLLED SUBSTANCES DISPENSING.
Effective as if included in the enactment of Public Law 117-328--
(1) section 1252(a) of division FF of Public Law 117-328
(136 Stat. 5681) is amended, in the matter being inserted into
section 302(e) of the Controlled Substances Act, by striking
``303(g)'' and inserting ``303(h)'';
(2) section 1262 of division FF of Public Law 117-328 (136
Stat. 5681) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``303(g)'' and inserting
``303(h)'';
(ii) in the matter being stricken by
subsection (a)(2), by striking ``(g)(1)'' and
inserting ``(h)(1)''; and
(iii) in the matter being inserted by
subsection (a)(2), by striking ``(g)
Practitioners'' and inserting ``(h)
Practitioners''; and
(B) in subsection (b)--
(i) in the matter being stricken by
paragraph (1), by striking ``303(g)(1)'' and
inserting ``303(h)(1)'';
(ii) in the matter being inserted by
paragraph (1), by striking ``303(g)'' and
inserting ``303(h)'';
(iii) in the matter being stricken by
paragraph (2)(A), by striking ``303(g)(2)'' and
inserting ``303(h)(2)'';
(iv) in the matter being stricken by
paragraph (3), by striking ``303(g)(2)(B)'' and
inserting ``303(h)(2)(B)'';
(v) in the matter being stricken by
paragraph (5), by striking ``303(g)'' and
inserting ``303(h)''; and
(vi) in the matter being stricken by
paragraph (6), by striking ``303(g)'' and
inserting ``303(h)''; and
(3) section 1263(b) of division FF of Public Law 117-328
(136 Stat. 5685) is amended--
(A) by striking ``303(g)(2)'' and inserting
``303(h)(2)''; and
(B) by striking ``(21 U.S.C. 823(g)(2))'' and
inserting ``(21 U.S.C. 823(h)(2))''.
SEC. 553. REQUIRED TRAINING FOR PRESCRIBERS OF CONTROLLED SUBSTANCES.
(a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended--
(1) by redesignating the second subsection designated as
subsection (l) as subsection (m); and
(2) in subsection (m)(1), as so redesignated--
(A) in subparagraph (A)--
(i) in clause (iv)--
(I) in subclause (I)--
(aa) by inserting ``the
American Academy of Family
Physicians, the American
Podiatric Medical Association,
the Academy of General
Dentistry, the American
Optometric Association,''
before ``or any other
organization'';
(bb) by striking ``or the
Commission'' and inserting
``the Commission''; and
(cc) by inserting ``, or
the Council on Podiatric
Medical Education'' before the
semicolon at the end; and
(II) in subclause (III), by
inserting ``or the American Academy of
Family Physicians'' after
``Association''; and
(ii) in clause (v), in the matter preceding
subclause (I)--
(I) by striking ``osteopathic
medicine, dental surgery'' and
inserting ``osteopathic medicine,
podiatric medicine, dental surgery'';
and
(II) by striking ``or dental
medicine curriculum'' and inserting
``or dental or podiatric medicine
curriculum''; and
(B) in subparagraph (B)--
(i) in clause (i)--
(I) by inserting ``the American
Pharmacists Association, the
Accreditation Council on Pharmacy
Education, the American Psychiatric
Nurses Association, the American
Academy of Nursing, the American
Academy of Family Physicians,'' before
``or any other organization''; and
(II) by inserting ``, the American
Academy of Family Physicians,'' before
``or the Accreditation Council''; and
(ii) in clause (ii)--
(I) by striking ``or accredited
school'' and inserting ``, an
accredited school''; and
(II) by inserting ``, or an
accredited school of pharmacy'' before
``in the United States''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if enacted on December 29, 2022.
SEC. 554. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES.
Effective as if included in the enactment of the Temporary
Reauthorization and Study of the Emergency Scheduling of Fentanyl
Analogues Act (Public Law 116-114), section 2 of such Act is amended by
striking ``December 31, 2024'' and inserting ``September 30, 2026''.
TITLE VI--PANDEMIC AND ALL-HAZARDS PREPAREDNESS AND RESPONSE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Pandemic and All-Hazards
Preparedness and Response Act''.
Subtitle A--State and Local Readiness and Response
SEC. 611. TEMPORARY REASSIGNMENT OF STATE AND LOCAL PERSONNEL DURING A
PUBLIC HEALTH EMERGENCY.
Section 319(e) of the Public Health Service Act (42 U.S.C. 247d(e))
is amended--
(1) in paragraph (1), by striking ``tribal organization or
such Governor or tribal organization's designee'' and inserting
``Tribal organization or the designee of the Governor or Tribal
organization, or the State or Tribal health official'';
(2) in paragraph (2)(B)--
(A) in the matter preceding clause (i), by striking
``tribal organization'' and inserting ``Tribal
organization, or the State or Tribal health official'';
and
(B) in clause (v), by striking ``tribal
organization'' and inserting ``Tribal organization or
State or Tribal health official'';
(3) in paragraph (6)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Reauthorization Act of
2013'' and inserting ``and Response Act''; and
(ii) by striking ``appropriate committees
of the Congress'' and inserting ``Committee on
Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce
of the House of Representatives''; and
(B) in subparagraph (A), by inserting ``, including
requests from State or Tribal health officials'' before
the semicolon;
(4) in paragraph (7)(A), by striking ``tribal
organization'' and inserting ``Tribal organization''; and
(5) in paragraph (8), by striking ``December 31, 2024'' and
inserting ``December 31, 2026''.
SEC. 612. PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM.
Section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a)
is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)(ii), by striking
``influenza'' and inserting ``response planning''; and
(B) in subparagraph (H), by inserting ``, such as
community-based organizations, including faith-based
organizations, and other public and private entities''
after ``stakeholders'';
(2) in subsection (g)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``and the ability of
each entity receiving an award under subsection (a) to
respond to all-hazards threats'' before the period at
the end of the first sentence;
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``influenza'' and inserting ``response''; and
(ii) in subparagraph (A)--
(I) by striking ``to pandemic
influenza'' and inserting ``to a
pathogen causing a pandemic, including
pandemic influenza''; and
(II) by striking ``such pandemic
influenza'' and inserting ``such
pandemic response'';
(C) in paragraph (5)--
(i) in the paragraph heading, by striking
``influenza'' and inserting ``pandemic
response'';
(ii) in the matter preceding subparagraph
(A), by striking ``2019'' and inserting
``2026'';
(iii) in subparagraph (A), by striking
``2018'' and inserting ``2025''; and
(iv) in subparagraph (B), by striking
``pandemic influenza'' and inserting ``a
pathogen causing a pandemic''; and
(D) in paragraph (6)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``The amounts
described in this paragraph are the following
amounts that are payable to an entity for
activities described in this section or section
319C-2'' and inserting ``The Secretary shall
withhold from an entity pursuant to paragraph
(5) for noncompliance with the requirements of
this section or section 319C-2 as follows'';
and
(ii) in subparagraph (B), by inserting
``with respect to the requirements of this
section or section 319C-2'' after ``paragraph
(5)''; and
(3) in subsection (h)(1)(A), by striking ``$685,000,000 for
each of fiscal years 2019 through 2023'' and inserting
``$735,000,000 for each of fiscal years 2025 and 2026, to
remain available through December 31, 2026''.
SEC. 613. HOSPITAL PREPAREDNESS PROGRAM.
(a) Increasing Participation by EMS in the Hospital Preparedness
Program.--
(1) In general.--Section 319C-2 of the Public Health
Service Act (42 U.S.C. 247d-3b) is amended--
(A) in subsection (b)(1)(A)--
(i) in clause (iii)(III), by striking ``;
and'' and inserting a semicolon; and
(ii) by striking clause (iv) and inserting
the following:
``(iv) one or more emergency medical
service organizations; and
``(v) to the extent practicable, one or
more emergency management organizations; and'';
and
(B) in subsection (g)(1)--
(i) by striking ``(1) Local response
capabilities'' and inserting:
``(1) Local response capabilities.--
``(A) Program coordination.--'';
(ii) by striking ``extent practicable,
ensure'' and inserting the following: ``extent
practicable--
``(i) ensure'';
(iii) by striking the period and inserting
``; and''; and
(iv) by adding at the end the following:
``(ii) seek to increase participation of
eligible entities described in subsection
(b)(1)(A) with lower participation rates
relative to other eligible entities, such as
emergency medical services organizations and
health care facilities in underserved areas.''.
(2) Preferences.--Section 319C-2(d)(1)(A)(iii) of the
Public Health Service Act (42 U.S.C. 247d-3b(d)(1)(A)(iii)) is
amended by striking ``subsection (b)(1)(A)(ii)'' and inserting
``clauses (ii) and (iv) of subsection (b)(1)(A)''.
(b) Improving Medical Readiness and Response Capabilities.--Section
319C-2 of the Public Health Service Act (42 U.S.C. 247d-3b) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by inserting at the end the following:
``(C) designate a lead entity to administer such award and
support coordination between entities described in this
subsection.'';
(2) in subsection (g)(1), as amended by subsection
(a)(1)(B), by adding at the end the following:
``(B) Regional operations.--An eligible entity
shall establish and maintain, or leverage an existing,
capability to enable coordination of regional medical
operations, which may include systems to facilitate
information sharing and coordination, within a
coalition described under subsection (b)(1)(A) and, as
appropriate, among multiple coalitions that are in
close geographic proximity to each other.''; and
(3) in subsection (j)(1)--
(A) in subparagraph (A), by striking ``for each of
fiscal years 2019 through 2023'' and inserting ``for
each of fiscal years 2025 and 2026, to remain available
through December 31, 2026''; and
(B) in subparagraph (B)(iii), by striking
``September 30, 2023'' and inserting ``December 31,
2026''.
SEC. 614. FACILITIES AND CAPACITIES OF THE CENTERS FOR DISEASE CONTROL
AND PREVENTION TO COMBAT PUBLIC HEALTH SECURITY THREATS.
Section 319D(h) of the Public Health Service Act (42 U.S.C. 247d-
4(h)) is amended--
(1) in paragraph (1), by striking ``$25,000,000 for each of
fiscal years 2022 and 2023'' and inserting ``$40,000,000 for
each of fiscal years 2025 and 2026'', to remain available
through December 31, 2026; and
(2) in paragraph (2), by striking ``2022 and 2023'' and
inserting ``2025 and 2026, to remain available through December
31, 2026''.
SEC. 615. PILOT PROGRAM TO SUPPORT STATE MEDICAL STOCKPILES.
(a) In General.--Section 319F-2(i) of the Public Health Service Act
(42 U.S.C. 247d-6b(i)) is amended--
(1) in paragraph (2)(B)(i)--
(A) in subclause (I), by striking ``and 2024'' and
inserting ``through 2025''; and
(B) in subclause (II), by striking ``2025'' and
inserting ``2026'';
(2) in paragraph (4)--
(A) in subparagraph (G), by striking ``; and'' at
the end and inserting a semicolon;
(B) by redesignating subparagraph (H) as
subparagraph (I);
(C) by inserting after subparagraph (G) the
following:
``(H) facilitate the sharing of best practices
among States within a consortia of States in receipt of
funding related to establishing and maintaining a
stockpile of medical products; and''; and
(D) in subparagraph (I), as so redesignated, by
striking ``State efforts'' and inserting ``State or
regional efforts'';
(3) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively;
(4) by inserting after paragraph (4) the following:
``(5) Coordination.--An entity in receipt of an award under
paragraph (1), in carrying out the activities under this
subsection, shall coordinate with appropriate health care
entities, health officials, and emergency management officials
within the jurisdiction of such State or States.''; and
(5) in paragraph (10), as so redesignated, by striking
``$3,500,000,000 for each of fiscal years 2023 and 2024'' and
inserting ``$3,365,000,000 for fiscal year 2025, and
$3,265,000,000 for fiscal year 2026''.
(b) GAO Report.--Section 2409(b) of the PREVENT Pandemics Act
(Public Law 117-328) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) the impact of any regional stockpiling approaches
carried out under subsection (i)(1) of section 319F-2 of the
Public Health Service Act (42 U.S.C. 247d-6b).''.
SEC. 616. ENHANCING DOMESTIC WASTEWATER SURVEILLANCE FOR PATHOGEN
DETECTION.
(a) In General.--Title III of the Public Health Service Act is
amended by inserting after section 317V (42 U.S.C. 247b-24) the
following:
``SEC. 317W. WASTEWATER SURVEILLANCE FOR PATHOGEN DETECTION.
``(a) Wastewater Surveillance System.--The Secretary, acting
through the Director of the Centers for Disease Control and Prevention
and in coordination with other Federal departments and agencies, shall
award grants, contracts, or cooperative agreements to eligible entities
to establish, maintain, or improve activities related to the detection
and monitoring of infectious diseases through wastewater for public
health emergency preparedness and response purposes.
``(b) Eligible Entities.--To be eligible to receive an award under
this section, an entity shall--
``(1) be a State, Tribal, or local health department, or a
partnership between such a health department and other public
and private entities; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may reasonably require, which shall include--
``(A) a description of activities proposed to be
carried out pursuant to an award under subsection (a);
``(B) factors such entity proposes to use to select
wastewater sampling sites;
``(C) factors such entity proposes to use to
determine whether a response to findings from such
wastewater sampling may be warranted, and a plan for
responding, as appropriate, consistent with applicable
plans developed by such entity pursuant to section
319C-1;
``(D) a plan to sustain such wastewater
surveillance activities described in such application
following the conclusion of the award period; and
``(E) any additional information the Secretary may
require.
``(c) Consideration.--In making awards under subsection (a), the
Secretary may give priority to eligible entities that have submitted an
application that--
``(1) details plans to provide public access to
deidentified data generated through such wastewater
surveillance activities in a manner that allows for comparison
to such data generated by other recipients of an award under
subsection (a); and
``(2) provides an assessment of community needs related to
ongoing infectious disease monitoring, including estimates of
the incidence and prevalence of infectious diseases that can be
detected in wastewater and availability, at the time of the
application, of other forms of infectious disease detection in
the jurisdiction.
``(d) Use of Funds.--An eligible entity shall, as appropriate, use
amounts awarded under this section to--
``(1) establish or enhance existing capacity and
capabilities to conduct wastewater sampling, testing, and
related analysis;
``(2) conduct wastewater surveillance, as appropriate, in
areas or facilities with increased risk of infectious disease
outbreaks and limited ability to utilize other forms of
infectious disease detection, such as at individual facilities,
institutions, and locations in rural areas or areas in which
wastewater is not treated through the relevant local utility of
the jurisdiction; and
``(3) implement projects that use evidence-based or
innovative practices to conduct wastewater surveillance
activities.
``(e) Partnerships.--In carrying out activities under this section,
eligible entities shall identify opportunities to partner with other
public or private entities to leverage relevant capabilities maintained
by such entities, as appropriate and consistent with this section.
``(f) Technical Assistance.--The Secretary, in consultation with
the heads of other applicable Federal agencies and departments, as
appropriate, shall provide technical assistance to recipients of awards
under this section to facilitate the planning, development, and
implementation of activities described in subsection (d).
``(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $20,000,000 for each of fiscal
years 2025 and 2026, to remain available through December 31, 2026.''.
(b) Wastewater Surveillance Research.--
(1) In general.--The Secretary of Health and Human Services
(in this subsection referred to as the ``Secretary'') shall
continue to conduct or support research on the use of
wastewater surveillance to detect and monitor emerging
infectious diseases, which may include--
(A) research to improve the efficiency and
effectiveness of wastewater sample collection and
analysis and increase the sensitivity and specificity
of wastewater testing methods; and
(B) implementation and development of evidence-
based practices to facilitate the estimation of the
incidence and prevalence of infectious disease within a
community.
(2) Non-duplication of effort.--The Secretary shall ensure
that activities carried out under this subsection do not
unnecessarily duplicate efforts of other agencies and offices
within the Department of Health and Human Services related to
wastewater surveillance.
SEC. 617. REAUTHORIZATION OF MOSQUITO ABATEMENT FOR SAFETY AND HEALTH
PROGRAM.
Section 317S of the Public Health Service Act (42 U.S.C. 247b-21)
is amended--
(1) in subsection (a)(3)(A), by striking ``subsection
(b)(3)'' and inserting ``subsection (b)(4)'';
(2) in subsection (b)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Considerations.--The Secretary may consider the use
of innovative and novel technology for mosquito prevention and
control in making grants under paragraph (1).'';
(3) by amending subsection (d) to read as follows:
``(d) Uses of Funds.--Amounts appropriated under subsection (f) may
be used by the Secretary to provide training and technical assistance
with respect to the planning, development, and operation of assessments
and plans under subsection (a) and control programs under subsection
(b). The Secretary may provide such training and technical assistance
directly or through awards of grants or contracts to public and private
entities.''; and
(4) in subsection (f)(1), by striking ``2019 through 2023''
and inserting ``2025 and 2026, to remain available through
December 31, 2026''.
Subtitle B--Federal Planning and Coordination
SEC. 621. ALL-HAZARDS EMERGENCY PREPAREDNESS AND RESPONSE.
Section 2811 of the Public Health Service Act (42 U.S.C. 300hh-10)
is amended--
(1) in subsection (b)--
(A) in paragraph (3)--
(i) by striking ``Oversee advanced
research, development, and procurement'' and
inserting the following:
``(A) In general.--Oversee advanced research,
development, procurement, and replenishment''; and
(ii) by adding at the end the following:
``(B) Development of requirements.--Lead the
development and approval, and, on a routine basis, the
review and update, of requirements for such
countermeasures and products, including related
capabilities, to inform the advanced research,
development, procurement, and replenishment decisions
of the Secretary.'';
(B) in paragraph (4)--
(i) in subparagraph (F)--
(I) in the matter preceding clause
(i), by striking ``and in consultation
with the Secretary of Homeland
Security,''; and
(II) in clause (i), by inserting
``enhance'' after ``capabilities and'';
(ii) in subparagraph (G)--
(I) in the matter preceding clause
(i), by inserting ``the Office of
Pandemic Preparedness and Response
Policy,'' after ``Veterans Affairs,'';
(II) in clause (i), by striking
``based on'' and inserting ``based on--
'';
(III) in clause (ii), by striking
``; and'' at the end and inserting a
semicolon;
(IV) in clause (iii), by striking
the period and inserting ``; and''; and
(V) by adding at the end the
following:
``(iv) that include, as appropriate,
participation by relevant industry, academia,
professional societies, and other
stakeholders.'';
(iii) in subparagraph (H)--
(I) by inserting ``and the Director
of the Office of Pandemic Preparedness
and Response Policy'' after ``Security
Affairs''; and
(II) by inserting ``and medical
product and supply capacity planning
pursuant to subparagraph (J), including
discussion of any relevant identified
supply chain vulnerabilities'' before
the period at the end;
(iv) in subparagraph (I), by inserting
``the Director of the Office of Pandemic
Preparedness and Response Policy,'' after
``Security Affairs,''; and
(v) in subparagraph (J)(i), in the matter
preceding subclause (I), by inserting
``(including ancillary medical supplies and
components of medical products, such as active
pharmaceutical ingredients, key starting
materials, medical device components, testing
kits, reagents, and other testing supplies)''
after ``supply needs''; and
(C) in paragraph (7)--
(i) in the matter preceding subparagraph
(A), by inserting ``and the requirements
developed pursuant to paragraph (3)(B)'' after
``subsection (d)'';
(ii) by redesignating subparagraphs (E) and
(F) as subparagraphs (F) and (G), respectively;
and
(iii) by inserting after subparagraph (D)
the following:
``(E) include a professional judgment of
anticipated budget needs for each future fiscal year
accounted for in such plan to account for the full
range of anticipated medical countermeasure needs and
life-cycle costs to address such priorities and
requirements;'';
(2) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Not later than March 15, 2020, and
biennially thereafter, the Assistant Secretary for Preparedness
and Response shall develop and submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a coordinated strategy for medical
countermeasures to address chemical, biological, radiological,
and nuclear threats, informed by the requirements developed
pursuant to subsection (b)(3)(B). Not later than 180 days after
the submission of such strategy to such committees, the
Assistant Secretary for Preparedness and Response shall submit
an accompanying implementation plan to such committees. In
developing such a strategy and plan, the Assistant Secretary
for Preparedness and Response shall consult with the Public
Health Emergency Medical Countermeasures Enterprise established
under section 2811-1. Such strategy and plan shall be known as
the Public Health Emergency Medical Countermeasures Enterprise
Strategy and Implementation Plan.''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``strategy and'' before
``plan''; and
(3) in subsection (f)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``, including such
agents that are an emerging infectious disease'' after
``become a pandemic''; and
(B) in paragraph (2)(A), by striking ``$250,000,000
for each of fiscal years 2019 through 2023'' and
inserting ``$335,000,000 for each of fiscal years 2025
and 2026, to remain available through December 31,
2026''.
SEC. 622. NATIONAL HEALTH SECURITY STRATEGY.
Section 2802 of the Public Health Service Act (42 U.S.C. 300hh-1)
is amended--
(1) in subsection (a)(3)--
(A) by striking ``In 2022, the'' and inserting
``The''; and
(B) by inserting ``, maintaining, and sustaining''
after ``establishing''; and
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``that support interagency coordination and
availability of information, as appropriate''
before the period;
(ii) in subparagraph (B), by inserting
``rapid testing,'' after ``and supplies,'';
(B) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``and blood banks'' after
``dental health facilities'';
(ii) in subparagraph (C), by inserting
``and current capacity of facilities within
such systems, as applicable'' before the
period; and
(iii) in subparagraph (D), by inserting
``and other medical products and medical
supplies consistent with the activities carried
out under section 2811(b)(4)(J)'' before the
period;
(C) in paragraph (5), by inserting ``applicable
federally funded activities and'' after ``(including'';
(D) in paragraph (8)--
(i) in subparagraph (A), by inserting
``public health and medical'' before
``activities''; and
(ii) in subparagraph (B), by striking
``familiarity with'' and inserting
``understanding of, and coordination
between,'';
(E) by redesignating paragraphs (9) and (10) as
paragraphs (10) and (12), respectively;
(F) by inserting after paragraph (8) the following:
``(9) Other settings.--Supporting Federal, State, local,
and Tribal coordination and planning with respect to facilities
in which there is an increased risk of infectious disease
outbreaks, including such facilities that address the needs of
at-risk individuals, in the event of a public health emergency
declared under section 319.'';
(G) by inserting after subparagraph (10), as so
redesignated, the following:
``(11) Other hazards.--Assessing current and potential
health security threats from natural disasters with respect to
public health and medical preparedness and response.'';
(H) by inserting after paragraph (12), as so
redesignated, the following:
``(13) Cybersecurity resiliency of health care systems.--
Consistent with the requirements of section 2218 of the
Homeland Security Act of 2002, strengthening the ability of
States, local communities, and Tribal communities to prepare
for, respond to, and be resilient against cybersecurity
vulnerabilities or cybersecurity attacks that affect public
health and health information technology, and encouraging
health care facilities to use recognized security practices
meeting or exceeding the approaches established under section
405(d) of the Cybersecurity Act of 2015.''; and
(I) by striking ``tribal'' each place it appears
and inserting ``Tribal''.
SEC. 623. IMPROVING DEVELOPMENT AND DISTRIBUTION OF DIAGNOSTIC TESTS.
Section 319B of the Public Health Service Act (42 U.S.C. 247d-2) is
amended to read as follows:
``SEC. 319B. IMPROVING DEVELOPMENT AND DISTRIBUTION OF DIAGNOSTIC
TESTS.
``(a) Diagnostic Testing Preparedness Plan.--The Secretary shall
develop, make publicly available, not later than 1 year after the date
of enactment of the Pandemic and All-Hazards Preparedness and Response
Act, and update not less frequently than every 3 years thereafter, a
plan for the rapid development, validation, authorization, manufacture,
procurement, and distribution of diagnostic tests, and for rapid
scaling of testing capacity, in response to chemical, biological,
radiological, or nuclear threats, including emerging infectious
diseases, for which a public health emergency is declared under section
319, or that has significant potential to cause such a public health
emergency.
``(b) Purposes.--The purpose of the plan under subsection (a) shall
be to--
``(1) facilitate the development and utilization of
diagnostic tests;
``(2) describe the processes for the rapid development,
validation, authorization, manufacture, procurement, and
distribution of diagnostic tests, and for rapid scaling of
testing capacity; and
``(3) facilitate coordination and collaboration among
public and private entities to improve the rapid development
and utilization of diagnostic testing during a public health
emergency.
``(c) Considerations.--The plan under subsection (a) shall take
into consideration--
``(1) domestic capacity, including any such capacity
established through partnerships with public and private
entities pursuant to subsection (e), to support the
development, validation, manufacture, procurement, and
distribution of tests, and the rapid scaling of testing
capacity;
``(2) novel technologies and platforms that--
``(A) may be used to improve testing capabilities,
including--
``(i) high-throughput laboratory
diagnostics;
``(ii) point-of-care diagnostics; and
``(iii) rapid at-home diagnostics;
``(B) improve the accessibility of diagnostic
tests; and
``(C) facilitate the development and manufacture of
diagnostic tests;
``(3) medical supply needs related to testing, including
diagnostic testing, equipment, supplies, and component parts,
and any potential vulnerabilities related to the availability
of such medical supplies and related planning needs, consistent
with section 2811(b)(4)(J);
``(4) strategies for the rapid and efficient distribution
of tests locally, regionally, or nationwide and appropriate
scaling of laboratory testing capacity; and
``(5) assessment of such strategies through drills and
operational exercises carried out under section 2811(b)(4)(G),
as appropriate.
``(d) Coordination.--To inform the development and update of the
plan under subsection (a), and in carrying out activities to implement
such plan, the Secretary shall coordinate with industry, such as device
manufacturers, clinical and reference laboratories, and medical product
distributors, States, local governmental entities, Indian Tribes and
Tribal organizations, and other relevant public and private entities.
``(e) Capacity Building.--The Secretary may contract with public
and private entities, as appropriate, to increase domestic capacity in
the rapid development, validation, authorization, manufacture,
procurement, and distribution of diagnostic tests, as appropriate, to
State, local, and Tribal health departments and other appropriate
entities for immediate public health response activities to address an
infectious disease with respect to which a public health emergency is
declared under section 319, or that has significant potential to cause
such a public health emergency.''.
SEC. 624. COMBATING ANTIMICROBIAL RESISTANCE.
(a) In General.--Section 319E of the Public Health Service Act (42
U.S.C. 247d-5) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and
activities'' after ``Federal programs'';
(B) in paragraph (2)--
(i) by striking ``public health
constituencies, manufacturers, veterinary and
medical professional societies and others'' and
inserting ``the Advisory Council described in
subsection (b) and relevant public and private
entities''; and
(ii) by inserting ``, pursuant to paragraph
(4),'' after ``comprehensive plan'';
(C) by amending paragraph (3) to read as follows:
``(3) Agenda.--The task force described in paragraph (1)
shall consider factors the Secretary considers appropriate,
including factors to--
``(A) slow the emergence of resistant bacteria and
fungi and prevent the spread of resistant infections;
``(B) strengthen activities to combat resistance
with respect to zoonotic diseases;
``(C) advance development and use of rapid and
innovative capabilities, including diagnostic tests,
for identification and characterization of resistant
bacteria and fungi;
``(D) accelerate basic and applied research and
development for new antibiotics, antifungals, and other
related therapeutics and vaccines; and
``(E) support international collaboration and
capacities for antimicrobial-resistance prevention,
detection, and control.'';
(D) by redesignating paragraph (4) as paragraph
(5);
(E) by inserting after paragraph (3) the following:
``(4) Action plan.--Not later than October 1, 2026, and
every 5 years thereafter, the task force described in paragraph
(1) shall develop and submit to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives a plan regarding Federal programs and
activities to combat antimicrobial resistance, including
measurable outcomes, as appropriate, informed by--
``(A) the agenda described in paragraph (3);
``(B) input provided by the Advisory Council
described in subsection (b); and
``(C) input from other relevant stakeholders
provided pursuant to paragraph (2).'';
(2) by redesignating subsections (b) through (o) as
subsections (c) through (p), respectively;
(3) by inserting after subsection (a) the following:
``(b) Advisory Council.--
``(1) In general.--The Secretary may continue the
Presidential Advisory Council on Combating Antibiotic-Resistant
Bacteria, referred to in this subsection as the `Advisory
Council'.
``(2) Duties.--The Advisory Council shall advise and
provide information and recommendations to the Secretary,
acting through the Task Force established under subsection (a),
regarding Federal programs and activities intended to reduce or
combat antimicrobial-resistant bacteria or fungi that may
present a public health threat and improve capabilities to
prevent, diagnose, mitigate, or treat such resistance. Such
advice, information, and recommendations may be related to
improving Federal efforts related to factors described in
subsection (a)(3) and other topics related to antimicrobial
resistance, as appropriate.
``(3) Meetings and coordination.--
``(A) Meetings.--The Advisory Council shall meet
not less frequently than biannually and, to the extent
practicable, in coordination with meetings of the task
force established under subsection (a).
``(B) Coordination.--The Advisory Council shall, to
the greatest extent practicable, coordinate activities
carried out by the Council with the task force
established under subsection (a).
``(4) FACA.--Chapter 10 of title 5, United States Code,
shall apply to the activities and duties of the Advisory
Council.
``(5) Sunset.--
``(A) In general.--The Advisory Council under this
subsection shall terminate on December 31, 2026.
``(B) Extension of advisory council.--Not later
than October 1, 2026, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that includes a
recommendation on whether the Advisory Council should
be extended, and identifying whether there are other
committees, councils, or task forces that have
overlapping or similar duties to that of the Advisory
Council, and whether such committees, councils, or task
forces should be combined, restructured, or eliminated,
including with respect to the task force established
under subsection (a).''; and
(4) in subsection (n), as so redesignated, by striking
``(f) through (j)'' and inserting ``(g) through (k)''.
(b) Conforming Amendment.--Section 505 of the Pandemic and All-
Hazards Preparedness and Advancing Innovation Act of 2019 (42 U.S.C.
247d-5 note; Public Law 116-22) is amended by striking subsection (a)
and all that follows through ``Not later'' in subsection (e) and
inserting the following:
``Not later''.
SEC. 625. STRATEGIC NATIONAL STOCKPILE AND MATERIAL THREATS.
Section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``Such review shall include a description of
how the Secretary manages and mitigates risks
associated with gaps between current inventory
levels and stockpiling goals, prioritizes such
risks, and tracks progress toward mitigation of
such risks.'' after the first sentence; and
(ii) in subparagraph (B)(i), by amending
subclause (IV) to read as follows:
``(IV) the emergency health
security threat or threats such
countermeasure procurement is intended
to address, including--
``(aa) whether such
procurement is consistent with
meeting emergency health
security needs associated with
such threat or threats; and
``(bb) in the case of a
countermeasure that addresses a
biological agent, whether such
agent has an increased
likelihood to become resistant
to, more resistant to, or
evade, such countermeasure
relative to other available
medical countermeasures;'';
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``are
followed, regularly reviewed, and updated with
respect to such stockpile'' and inserting
``with respect to such stockpile are followed,
regularly reviewed, and updated to reflect best
practices'';
(ii) in subparagraph (I), by inserting ``,
through a standard operating procedure,'' after
``ensure'';
(iii) by redesignating subparagraphs (H)
through (K) as subparagraphs (I) through (L),
respectively;
(iv) by inserting after subparagraph (G)
the following:
``(H) utilize tools to enable the timely and
accurate tracking of the contents of the stockpile
throughout the deployment of such contents, including
tracking of the location and geographic distribution
and utilization of such contents;'';
(v) in subparagraph (K), as so
redesignated, by striking ``; and'' at the end
and inserting a semicolon;
(vi) in subparagraph (L), as so
redesignated, by striking the period and
inserting ``; and''; and
(vii) by adding at the end the following:
``(M) communicate to relevant vendors regarding
modifications, renewals, extensions, or terminations of
contracts, or the intent to exercise options for such
contracts, within 30 days, as practicable, of such
determination, including through the development of a
contract notification process.'';
(C) in paragraph (5)(B), in the matter preceding
clause (i), by inserting ``, which may accompany the
review required under paragraph (2),'' after
``Representatives a report''; and
(D) in paragraph (6)(A)--
(i) by redesignating clauses (viii) through
(x) as clauses (ix) through (xi), respectively;
and
(ii) by inserting after clause (vii) the
following:
``(viii) with respect to any change in the
Federal organizational management of the
stockpile, an assessment and comparison of any
differences in the processes and operations
resulting from such change, including--
``(I) planning for potential
countermeasure deployment,
distribution, or dispensing
capabilities;
``(II) organizational structure;
``(III) communication with relevant
stakeholders related to procurement
decisions;
``(IV) processes related to
procurement, deployment, and use of
stockpiled countermeasures;
``(V) communication and
coordination with the Public Health
Emergency Medical Countermeasures
Enterprise and other related Federal
entities;
``(VI) inventory management; and
``(VII) availability and use of
resources for such activities;''; and
(2) in subsection (c)(2)(C), by striking ``promptly'' and
inserting ``, not later than 60 days after each such
determination,'';
(3) in subsection (f)(1), by striking ``$610,000,000 for
each of fiscal years 2019 through 2021, and $750,000,000 for
each of fiscal years 2022 and 2023'' and inserting
``$1,100,000,000 for fiscal year 2025, and $1,210,000,000 for
fiscal year 2026''; and
(4) in subsection (g)(1), by striking ``2019 through 2028''
and inserting ``2025 through 2034''.
SEC. 626. MEDICAL COUNTERMEASURES FOR VIRAL THREATS WITH PANDEMIC
POTENTIAL.
Section 319L of the Public Health Service Act (42 U.S.C. 247d-7e)
is amended--
(1) in subsection (c)--
(A) in paragraph (4)--
(i) in subparagraph (D)--
(I) in clause (ii), by striking ``;
and'' and inserting a semicolon; and
(II) by redesignating clause (iii)
as clause (iv); and
(III) by inserting after clause
(ii) the following:
``(iii) research and development of medical
countermeasures for priority virus families
that have significant potential to cause a
pandemic, including such countermeasures that
take either pathogen-specific or pathogen-
agnostic approaches, and platform technologies
to improve the development and manufacture of
such medical countermeasures; and''; and
(ii) in subparagraph (F)(ii), by inserting
``or priority virus families and other viral
pathogens that pose a threat due to their
significant potential to cause a pandemic,''
after ``pandemic influenza,''; and
(B) in paragraph (5), by adding at the end the
following:
``(I) Notification.--In awarding contracts, grants,
cooperative agreements, or other transactions under
this section, the Secretary shall communicate to
relevant vendors regarding modifications, renewals,
extensions, or terminations of contracts, including
through the development of a contract notification
process, within 30 days of such determination, as
practicable.'';
(2) in subsection (d)(2), by striking ``$611,700,000 for
each of fiscal years 2019 through 2023'' and inserting
``$950,000,000 for each of fiscal years 2025 and 2026''; and
(3) in subsection (e)(1), by amending subparagraph (D) to
read as follows:
``(D) Sunset.--This paragraph shall cease to have
force or effect after December 31, 2026.''.
SEC. 627. PUBLIC HEALTH EMERGENCY MEDICAL COUNTERMEASURES ENTERPRISE.
Section 2811-1 of the Public Health Service Act (42 U.S.C. 300hh-
10a) is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (11) as paragraph
(13);
(B) by inserting after paragraph (10) the
following:
``(11) The Director of the Biomedical Advanced Research and
Development Authority.
``(12) The Director of the Strategic National Stockpile.'';
and
(C) in paragraph (13), as so redesignated, by
striking ``the Director of the Biomedical Advanced
Research and Development Authority, the Director of the
Strategic National Stockpile, the Director of the
National Institute of Allergy and Infectious
Diseases,'' and inserting ``the Director of the
National Institute of Allergy and Infectious
Diseases''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by redesignating subparagraph (D) as
subparagraph (E); and
(ii) by inserting after subparagraph (C)
the following:
``(D) Assist the Secretary in developing strategies
for appropriate and evidence-based allocation and
distribution of countermeasures to jurisdictions, in a
manner that supports the availability and use of such
countermeasures, for public health and medical
preparedness and response needs.'';
(B) in paragraph (2), by inserting ``relevant
stakeholders, including industry,'' after ``consider
input from''; and
(C) by adding at the end the following:
``(3) Information sharing.--The Secretary shall, as
appropriate and in a manner that does not compromise national
security, communicate and share information related to
recommendations made and strategies developed under paragraph
(1) with relevant stakeholders, including industry and State,
local, and Tribal public health departments.''.
SEC. 628. FELLOWSHIP AND TRAINING PROGRAMS.
Section 317G of the Public Health Service Act (42 U.S.C. 247b-8) is
amended--
(1) by striking ``The Secretary,'' and inserting the
following:
``(a) In General.--The Secretary,''; and
(2) by adding at the end the following:
``(b) Noncompetitive Conversion.--
``(1) In general.--The Secretary may noncompetitively
convert an individual who has completed an epidemiology,
surveillance, or laboratory fellowship or training program
under subsection (a) to a career-conditional appointment
without regard to the provisions of subchapter I of chapter 33
of title 5, United States Code, provided that such individual
meets qualification requirements for the appointment.''.
SEC. 629. REGIONAL BIOCONTAINMENT RESEARCH LABORATORIES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall make awards to
establish or maintain, as applicable, not fewer than 12 regional
biocontainment laboratories, for purposes of--
(1) conducting biomedical research to support public health
and medical preparedness for, and rapid response to, biological
agents, including emerging infectious diseases;
(2) ensuring the availability of surge capacity for
purposes of responding to such biological agents;
(3) supporting information sharing between, and the
dissemination of findings to, researchers and other relevant
individuals to facilitate collaboration between industry and
academia; and
(4) providing, as appropriate and applicable, technical
assistance and training to researchers and other relevant
individuals to support the biomedical research workforce in
improving the management and mitigation of safety and security
risks in the conduct of research involving such biological
agents.
(b) Requirements.--As a condition of receiving a grant under this
section, a regional biocontainment laboratory shall agree to such
oversight activities as the Secretary determines appropriate, including
periodic meetings with relevant officials of the Department of Health
and Human Services, facility inspections, and other activities as
necessary and appropriate to ensure compliance with the terms and
conditions of such award.
(c) Working Group.--The Secretary shall establish a Working Group,
consisting of a representative from each entity in receipt of an award
under subsection (a). The Working Group shall make recommendations to
the Secretary in administering awards under this section, for purposes
of--
(1) improving the quality and consistency of applicable
procedures and practices within laboratories funded pursuant to
subsection (a); and
(2) ensuring coordination, as appropriate, of federally
funded activities carried out at such laboratories.
(d) Definition.--In this section, the term ``regional
biocontainment laboratory'' means a Biosafety or Animal Biosafety
Level-3 and Level-2 facility located at an institution in the United
States that is designated by the Secretary to carry out the activities
described in subsection (a).
(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $52,000,000 for each of fiscal
years 2025 and 2026, to remain available through December 31, 2026.
(f) Administrative Expenses.--Of the amount available to carry out
this section for a fiscal year, the Secretary may use not more than 5
percent for the administrative expenses of carrying out this section,
including expenses related to carrying out subsection (c).
(g) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, and biannually thereafter, the Secretary, in
consultation with the heads of applicable Federal departments and
agencies shall report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce of the
House of Representatives on--
(1) the activities and accomplishments of the regional
biocontainment laboratories;
(2) any published or disseminated research findings based
on research conducted in such laboratories in the applicable
year;
(3) oversight activities carried out by the Secretary
pursuant to subsection (b);
(4) activities undertaken by the Secretary to take into
consideration the capacity and capabilities of the network of
regional biocontainment laboratories in activities to prepare
for and respond to biological agents, which may include
leveraging such capacity and capabilities to support the
Laboratory Response Network, as applicable and appropriate;
(5) plans for the maintenance and sustainment of federally
funded activities conducted at the regional biocontainment
laboratories, consistent with the strategy required under
section 2312 of the PREVENT Pandemics Act (Public Law 117-328);
and
(6) activities undertaken by the Secretary to coordinate
with the heads of other relevant Federal departments and
agencies to ensure that work carried out by each such facility
on behalf of the Secretary and such other relevant heads is
prioritized, is complementary to the work carried out by other
such facilities and other relevant federally funded activities,
and avoids unnecessary duplication.
SEC. 629A. LIMITATION RELATED TO COUNTRIES OF CONCERN CONDUCTING
CERTAIN RESEARCH.
Section 2315(c) of the PREVENT Pandemics Act (42 U.S.C. 6627) is
amended to read as follows:
``(c) Limitations on Countries of Concern Conducting Certain
Research.--
``(1) In general.--The Secretary of Health and Human
Services (referred to in this subsection as the `Secretary')
shall not fund research that may reasonably be anticipated to
involve the creation, transfer, and use of enhanced pathogens
of pandemic potential or biological agents or toxins listed
pursuant to section 351A(a)(1) of the Public Health Service Act
if such research is conducted by a foreign entity at a facility
located in a country that is determined to be a country of
concern as defined in paragraph (2).
``(2) Countries of concern.--
``(A) Definition.--For purposes of this subsection,
a `country of concern' means the People's Republic of
China, the Democratic People's Republic of Korea, the
Russian Federation, the Islamic Republic of Iran, and
any other country as determined pursuant to
subparagraph (B).
``(B) Additional countries.--The Director of
National Intelligence (referred to in this subsection
as the `Director') shall, in consultation with the
Secretary, add additional countries of concern for
purposes of paragraph (1), only if--
``(i) the Director determines that evidence
exists that a country has malicious intent
related to the creation, enhancement, transfer,
or use of pathogens of pandemic potential or
biological agents or toxins listed pursuant to
such section 351A(a)(1); and
``(ii) in a manner that does not compromise
national security, the Director provides such
evidence in a report submitted to the Committee
on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and
Commerce of the House of Representatives.
``(C) Limitation.--Paragraph (1) shall not take
effect with respect to a country of concern identified
under subparagraph (B) until the date that is 15 days
after the date on which the Director submits the report
described in subparagraph (B)(ii).
``(3) Clarification.--
``(A) In general.--The requirement of paragraph (1)
may be waived by the President for the duration of the
initial response to an outbreak of a novel emerging
infectious disease if the President determines that
such requirement impedes the ability of the Federal
Government to immediately respond to such outbreak.
``(B) Notification.--The President shall notify
such committees of Congress not later than 48 hours
after exercising the waiver under subparagraph (A), and
shall provide updates to such committees related to the
use of such waiver every 15 days thereafter.
``(4) Sunset.--The limitation under this subsection shall
expire on December 31, 2026.''.
Subtitle C--Addressing the Needs of All Individuals
SEC. 631. IMPROVING ACCESS TO CERTAIN PROGRAMS.
(a) Procedures Related to the Transition of Certain Claims.--
(1) Procedures for correcting submissions.--
(A) Requests initially submitted under section
319f-4.--
(i) In general.--In the case of a request
for compensation submitted under section 319F-4
of the Public Health Service Act (42 U.S.C.
247d-6e) for an injury or death related to a
medical product for active immunization to
prevent coronavirus disease 2019 that the
Secretary determines to be ineligible pursuant
to subsection (b)(4)(B) of such section 319F-4,
the Secretary shall, not later than 30 days
after such determination, notify the individual
submitting the request of such determination.
(ii) Submission of petition.--An individual
who receives a notification described in clause
(i) shall be eligible to submit a petition to
the United States Court of Federal Claims under
section 2111 of the Public Health Service Act
(42 U.S.C. 300aa-11) with respect to the same
medical product administration claimed in the
request submitted under section 319F-4 of such
Act (42 U.S.C. 247d-6e), provided such petition
is submitted not later than the later of--
(I) 1 year after receiving such
notification under clause (i); or
(II) the last date on which the
individual otherwise would be eligible
to submit a petition relating to such
injury, as specified in section 2116 of
such Act (42 U.S.C. 300aa-16).
(iii) Eligibility.--To be eligible to
submit a petition in accordance with clause
(ii), the petitioner shall have submitted the
request that was determined to be ineligible as
described in clause (i) not later than the
applicable deadline for filing a petition under
such section 2116.
(B) Requests initially submitted under section
2111.--
(i) In general.--If a special master
determines that--
(I) a petition submitted under
section 2111 of the Public Health
Service Act (42 U.S.C. 300aa-11)
related to a medical product for active
immunization to prevent coronavirus
disease 2019 that is ineligible for the
program under subtitle 2 of title XXI
of the Public Health Service Act (42
U.S.C. 300aa-10 et seq.) because it
relates to a medical product
administered at a time when the medical
product was not included in the table
under section 2114 of such Act (42
U.S.C. 300aa-14); and
(II) the medical product was
administered when it was a covered
countermeasure subject to a declaration
under section 319F-3(b) of such Act (42
U.S.C. 247d-6d(b)),
the special master shall, not later than 30
days after such determination, notify the
petitioner of such determination.
(ii) Submission of request.--An individual
who receives a notification described in clause
(i) shall be eligible to submit a request for
compensation under section 319F-4(b) of the
Public Health Service Act (42 U.S.C. 247d-
6e(b)) with respect to the same medical product
administration claimed in the petition
submitted under section 2111 of such Act (42
U.S.C. 300aa-11)--
(I) not later than 1 year after
receiving such notification; or
(II) in the case that the
notification is issued after judicial
review of the petition under subsection
(e) or (f) of section 2112 of such Act
(42 U.S.C. 300aa-12), not later than 1
year after the judgment of the United
States Court of Federal Claims or the
mandate is issued by the United States
Court of Appeals for the Federal
Circuit pursuant to such subsection (e)
or (f).
(iii) Eligibility.--To be eligible to
submit a request for compensation in accordance
with clause (ii), the individual submitting the
request shall have submitted the petition under
section 2111 of the Public Health Service Act
(42 U.S.C. 300aa-11) that was determined to be
ineligible not later than 1 year after the date
of administration of the medical product.
(2) Changes to certain programs.--
(A) Section 319f-4.--Section 319F-4 of the Public
Health Service Act (42 U.S.C. 247d-6e) is amended--
(i) in subsection (b)(4)--
(I) by striking ``Except as
provided'' and inserting the following:
``(A) In general.--Except as provided''; and
(II) by adding at the end the
following:
``(B) Exclusion of injuries eligible for petition
under title xxi.--Notwithstanding any other provision
of this section, no individual may be eligible for
compensation under this section with respect to a
vaccine that, at the time it was administered, was
included in the Vaccine Injury Table under section
2114.''; and
(ii) in subsection (d)(3)--
(I) by striking ``This section''
and inserting the following:
``(A) In general.--This section''; and
(II) by adding at the end the
following:
``(B) Exhaustion of remedies.--A covered individual
shall not be considered to have exhausted remedies as
described in paragraph (1), nor be eligible to seek
remedy under section 319F-3(d), unless such individual
has provided to the Secretary all supporting
documentation necessary to facilitate the
determinations required under subsection (b)(4).''.
(B) Title xxi.--Title XXI of the Public Health
Service Act (42 U.S.C. 300aa-1 et seq.) is amended--
(i) in section 2111(a)(2)(A) (42 U.S.C.
300aa-11(a)(2)(A)), in the matter preceding
clause (i), by inserting ``containing the
information required under subsection (c)''
after ``unless a petition'';
(ii) in section 2112(d) (42 U.S.C. 300aa-
12(d))--
(I) by adding at the end of
paragraph (1) the following: ``Such
designation shall not occur until the
petitioner has filed all materials
required under section 2111(c).''; and
(II) in paragraph (3)(A)(ii), by
striking ``the petition was filed'' and
inserting ``on which the chief special
master makes the designation pursuant
to paragraph (1)'';
(iii) in section 2114(e) (42 U.S.C. 300aa-
14(e)), by adding at the end the following:
``(4) Licensure requirement.--Notwithstanding paragraphs
(2) and (3), the Secretary may not revise the Vaccine Injury
Table to include a vaccine for which the Centers for Disease
Control and Prevention has issued a recommendation for routine
use in children or pregnant women until at least one
application for such vaccine has been approved under section
351. Upon such revision of the Vaccine Injury Table, all
vaccines in a vaccine category on the Vaccine Injury Table,
including vaccines authorized under emergency use pursuant to
section 564 of the Federal Food, Drug, and Cosmetic Act, shall
be considered included in the Vaccine Injury Table.''; and
(iv) in section 2116 (42 U.S.C. 300aa-16),
by adding at the end the following:
``(d) Clarification.--Notwithstanding subsections (a) and (b), an
injury or death related to a vaccine administered at a time when the
vaccine was a covered countermeasure subject to a declaration under
section 319F-3(b) shall not be eligible for compensation under the
Program.''.
(b) Accelerating Injury Compensation Program Administration and
Ensuring Program Integrity.--
(1) Petitions for compensation.--Section 2111(a)(2)(A)(i)
of the Public Health Service Act (42 U.S.C. 300aa-
11(a)(2)(A)(i)) is amended--
(A) in subclause (I), by striking ``, and'' and
inserting a semicolon;
(B) in subclause (II)--
(i) by moving the margin 2 ems to the
right; and
(ii) by striking ``, or'' and inserting ``;
and''; and
(C) by adding at the end the following:
``(III) the judgment described in subclause (I)
does not result from a petitioner's motion to dismiss
the case; or''.
(2) Determination of good faith.--Section 2115(e)(1) of the
Public Health Service Act (42 U.S.C. 300aa-15(e)(1)) is amended
by adding at the end the following: ``When making a
determination of good faith under this paragraph, the special
master or court may consider whether the petitioner
demonstrated an intention to obtain compensation on such
petition and was not merely seeking to satisfy the exhaustion
requirement under section 2121(b).''.
(c) Extension of Deadlines to Submit Requests for Compensation for
Certain Injuries.--
(1) In general.--With respect to claims filed under section
319F-4 of the Public Health Service Act (42 U.S.C. 247d-6e)
alleging a covered injury caused by the administration or use
of a covered countermeasure pursuant to a declaration under
section 319F-3(b) of such Act (42 U.S.C. 247d-6d(b)) relating
to coronavirus disease 2019, the following shall apply:
(A) Notwithstanding the filing deadline applicable
under such section 319F-4, the claim shall be filed
within 3 years of the administration or use of the
covered countermeasure, or 1 year after the date of
enactment of this Act, whichever is later, and, if a
claim filed under such section 319F-4 with respect to
such administration or use was filed before the date of
enactment of this Act and denied on the basis of having
not been filed within the time period required under
subsection (b)(4) of such section 319F-4, such claim
may be refiled pursuant to this subparagraph.
(B) With respect to a claim relating to the
administration of a medical product for active
immunization to prevent coronavirus disease 2019 such a
claim may be filed under the such section 319F-4 only
if the administration of such vaccine occurred prior to
the addition of the vaccine to the Vaccine Injury Table
under section 2114 of the Public Health Service Act (42
U.S.C. 300aa-14).
SEC. 632. SUPPORTING AT-RISK INDIVIDUALS DURING EMERGENCY RESPONSES.
(a) Technical Assistance for At-Risk Individuals and Disasters.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') may provide
appropriate technical assistance to States, localities, Tribes,
and other applicable entities related to addressing the unique
needs and considerations of at-risk individuals, as defined in
section 2802(b)(4) of the Public Health Service Act (42 U.S.C.
300hh-1(b)(4)), in the event of a public health emergency
declared by the Secretary pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d).
(2) Technical assistance.--The technical assistance
described in paragraph (1) shall include--
(A) developing, identifying, evaluating, and
disseminating evidence-based or evidence-informed
strategies to improve health and address other near-
term or long-term outcomes for at-risk individuals
related to public health emergencies, including by
addressing such unique needs and considerations in
carrying out public health and medical activities to
prepare for, respond to, and recover from, such public
health emergencies; and
(B) assisting applicable entities, through
contracts or cooperative agreements, as appropriate, in
the implementation of such evidence-based strategies.
(3) Consultation.--In carrying out activities under
paragraph (2), the Secretary shall take into consideration
relevant findings and recommendations of, and, as appropriate,
consult with, the National Advisory Committee on Individuals
with Disabilities and Disasters established under section 2811C
of the Public Health Service Act (42 U.S.C. 300hh-10d), the
National Advisory Committee on Children and Disasters under
section 2811A of such Act (42 U.S.C. 300hh-10b), and the
National Advisory Committee on Seniors and Disasters under
section 2811B of such Act (42 U.S.C. 300hh-10c).
(b) Crisis Standards of Care.--Not later than 2 years after the
date of enactment of this Act, the Secretary, acting through the
Director of the Office for Civil Rights of the Department of Health and
Human Services, shall issue guidance to States and localities on the
development or modification of State and local crisis standards of care
for use during the response to a public health emergency declared by
the Governor of a State or by the Secretary under section 319 of the
Public Health Service Act (42 U.S.C. 247d), or a major disaster or
emergency declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170, 5191) to ensure that such standards of
care are consistent with the nondiscrimination requirements of section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), and
the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
SEC. 633. NATIONAL ADVISORY COMMITTEES.
(a) National Advisory Committee on Children and Disasters.--
Subsection (g) of section 2811A of the Public Health Service Act (42
U.S.C. 300hh-10b) is amended to read as follows:
``(g) Sunset.--
``(1) In general.--The Advisory Committee shall terminate
on December 31, 2026.
``(2) Extension of advisory committee.--Not later than
October 1, 2025, the Secretary shall submit to Congress a
recommendation on whether the Advisory Committee should be
extended beyond the date described in paragraph (1).''.
(b) National Advisory Committee on Seniors and Disasters.--Section
2811B of the Public Health Service Act (42 U.S.C. 300hh-10c) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``and departments'' after
``agencies''; and
(ii) by striking ``17 members'' and
inserting ``25 members''; and
(B) in paragraph (2)--
(i) by striking subparagraphs (J) and (K);
(ii) by redesignating subparagraphs (A)
through (I) and (L) as clauses (i) through (x),
respectively, and adjusting the margins
accordingly;
(iii) by inserting before clause (i), as so
redesignated, the following:
``(B) Federal members.--The Federal members shall
include the following:''; and
(iv) by inserting before subparagraph (B),
as so designated, the following:
``(A) Non-federal members.--The Secretary in
consultation with such other heads of agencies and
departments as may be appropriate, shall appoint to the
Advisory Committee under paragraph (1) at least 13
individuals, including the following:
``(i) At least 3 non-Federal health care
providers with expertise in geriatric medical
disaster planning, preparedness, response, or
recovery.
``(ii) At least 3 representatives of State,
local, territorial, or Tribal agencies with
expertise in geriatric disaster planning,
preparedness, response, or recovery.
``(iii) At least 2 non-Federal
professionals with training in gerontology,
such as social workers, scientists, human
services specialists, or other non-medical
professionals, with experience in disaster
planning, preparedness, response, or recovery
among other adults.''; and
(2) by amending subsection (g) to read as follows:
``(g) Sunset.--The Advisory Committee shall terminate on December
31, 2026.''.
(c) National Advisory Committee on Individuals With Disabilities
and Disasters.--Section 2811C of the Public Health Service Act (42
U.S.C. 300hh-10d) is amended--
(1) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively;
(2) by inserting after subsection (b) the following:
``(c) Additional Duties.--The Advisory Committee may provide advice
and recommendations to the Secretary with respect to individuals with
disabilities and the medical and public health grants and cooperative
agreements as applicable to preparedness and response activities under
this title and title III.'';
(3) in subsection (d), as so redesignated--
(A) in paragraph (1), by striking ``17 members''
and inserting ``25 members'';
(B) in paragraph (2)--
(i) by striking subparagraphs (K) through
(M);
(ii) by redesignating subparagraphs (A)
through (J) as clauses (i) through (x),
respectively, and adjusting the margins
accordingly;
(iii) by inserting before clause (i), as so
redesignated, the following:
``(B) Federal members.--The Federal members shall
include the following:'';
(iv) by adding at the end of subparagraph
(B), as so designated, the following:
``(xi) Representatives of such other
Federal agencies as the Secretary determines
necessary to fulfill the duties of the Advisory
Committee.''; and
(v) by inserting before subparagraph (B),
as so designated, the following:
``(A) Non-federal members.--The Secretary in
consultation with such other heads of agencies and
departments as may be appropriate, shall appoint to the
Advisory Committee under paragraph (1) at least 13
individuals, including the following:
``(i) At least 4 non-Federal health care
professionals with expertise in disability
accessibility before, during, and after
disasters, medical and mass care disaster
planning, preparedness, response, or recovery.
``(ii) At least 3 representatives of State,
local, Tribal, or territorial agencies with
expertise in disaster planning, preparedness,
response, or recovery for individuals with
disabilities.
``(iii) At least 4 individuals with a
disability with expertise in disaster planning,
preparedness, response, or recovery for
individuals with disabilities.
``(iv) Other members as the Secretary
determines appropriate, of whom--
``(I) at least one such member
shall represent a local, State, or
national organization with expertise in
individuals with disabilities;
``(II) at least one such member
shall be an individual with a
disability; and
``(III) at least one such member
shall be an individual with expertise
in the needs of housing services,
including during the response to, and
recovery from, disasters.''; and
(C) by adding at the end the following:
``(3) Consideration.--In appointing members, including the
Chair, to the Committee under this subsection, the Secretary
may give consideration to disability status.''; and
(4) by amending subsection (h), as so redesignated, to read
as follows:
``(h) Sunset.--The Advisory Committee shall terminate on December
31, 2026.''.
SEC. 634. NATIONAL ACADEMIES STUDY ON PRIZES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall seek to
enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
``National Academies'') to conduct a study to examine--
(1) alternative models for directly funding, or stimulating
investment in, biomedical research and development that delink
research and development costs from the prices of drugs,
including the progressive replacement of patents and regulatory
exclusivities on new drugs with a combination of expanded
support for research and innovation prizes to reward the
successful development of drugs or achievement of related
milestones;
(2) the dollar amount of innovation prizes for different
stages of research and development of different classes or
types of drugs, and total annual funding, that would be
necessary to stimulate investment sufficient to achieve such
successful drug development and related milestones;
(3) the relative effectiveness and efficiency of such
alternative models in stimulating innovation, compared to the
status quo that includes patents and regulatory exclusivities;
(4) strategies to implement such alternative models
described in paragraph (1), including a phased transition; and
(5) the anticipated economic and societal impacts of such
alternative models, including an assessment of impact on--
(A) the number and variety of new drugs that would
be developed, approved, and marketed in the United
States, including such new drugs intended to prevent,
diagnose, or treat a rare disease or condition;
(B) the rate at which new drugs would be developed,
approved, and marketed in the United States;
(C) access to medication;
(D) health outcomes;
(E) average lifespan and disease burden in the
United States;
(F) the number of manufacturers that would be
seeking approval for a drug or bringing a drug to
market for the first time;
(G) Federal discretionary and mandatory spending;
and
(H) public and private insurance markets.
(b) Requirements.--In conducting the study pursuant to subsection
(a), the National Academies shall hold not fewer than 2 public
listening sessions to solicit feedback from interested parties,
including representatives of academia, professional societies, patient
advocates, public health organizations, relevant Federal departments
and agencies, drug developers, representatives of other relevant
industries, and subject matter experts.
(c) Report.--Not later than 2 years after the agreement under
subsection (a), the National Academies shall submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Energy and Commerce
and the Committee on Appropriations of the House of Representatives a
report on the study conducted pursuant to subsection (a).
Subtitle D--Additional Reauthorizations
SEC. 641. MEDICAL COUNTERMEASURE PRIORITY REVIEW VOUCHER.
Section 565A(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360bbb-4a) is amended by striking ``October 1, 2023'' and
inserting ``December 31, 2026''.
SEC. 642. EPIDEMIC INTELLIGENCE SERVICE.
Section 317F(c)(2) of the Public Health Service Act (42 U.S.C.
247b-7(c)(2)) is amended by striking ``2019 through 2023'' and
inserting ``2025 and 2026, to remain available through December 31,
2026''.
SEC. 643. MONITORING AND DISTRIBUTION OF CERTAIN MEDICAL
COUNTERMEASURES.
Section 319A(e) of the Public Health Service Act (42 U.S.C. 247d-
1(e)) is amended by striking ``2019 through 2023'' and inserting ``2025
and 2026, to remain available through December 31, 2026''.
SEC. 644. REGIONAL HEALTH CARE EMERGENCY PREPAREDNESS AND RESPONSE
SYSTEMS.
Section 319C-3 of the Public Health Service Act (42 U.S.C. 247d-3c)
is amended--
(1) in subsection (b)(3), by striking ``under the'' and all
that follows through ``such Act)'' and inserting ``under law'';
and
(2) in subsection (e)(2), by striking ``September 30,
2023'' and inserting ``December 31, 2026''.
SEC. 645. EMERGENCY SYSTEM FOR ADVANCE REGISTRATION OF VOLUNTEER HEALTH
PROFESSIONALS.
(1) In general.--Section 319I of the Public Health Service
Act (42 U.S.C. 247d-7b) is amended--
(A) in subsection (a), by striking ``Not later than
12 months after the date of enactment of the Pandemic
and All-Hazards Preparedness Act, the Secretary shall
link existing State verification systems to maintain a
single national interoperable network of systems,'' and
inserting ``The Secretary shall continue to maintain a
single national interoperable network of verification
systems,'' and
(B) in subsection (k), by striking ``2019 through
2023'' and inserting ``2025 and 2026, to remain
available through December 31, 2026''.
SEC. 646. ENSURING COLLABORATION AND COORDINATION IN MEDICAL
COUNTERMEASURE DEVELOPMENT.
Section 319L-1(b) of the Public Health Service Act (42 U.S.C. 247d-
7f(b)) is amended by striking ``December 31, 2024'' and inserting
``December 31, 2026''.
SEC. 647. MILITARY AND CIVILIAN PARTNERSHIP FOR TRAUMA READINESS.
Section 1291(g) of the Public Health Service Act (42 U.S.C. 300d-
91(g)) is amended by striking ``2019 through 2023'' and inserting
``2025 and 2026, to remain available through December 31, 2026''.
SEC. 648. NATIONAL DISASTER MEDICAL SYSTEM.
Section 2812 of the Public Health Service Act (42 U.S.C. 300hh-11)
is amended--
(1) in subsection (c)(4)(B), by striking ``December 31,
2024'' and inserting ``December 31, 2026''; and
(2) in subsection (g), by striking ``$57,400,000 for each
of fiscal years 2019 through 2023'' and inserting ``$65,900,000
for each of fiscal years 2025 and 2026, to remain available
through December 31, 2026''.
SEC. 649. VOLUNTEER MEDICAL RESERVE CORPS.
Section 2813(i) of the Public Health Service Act (42 U.S.C. 300hh-
15(i)) is amended by striking ``2019 through 2023'' and inserting
``2025 through 2026, to remain available through December 31, 2026''.
SEC. 649A. EPIDEMIOLOGY-LABORATORY CAPACITY.
Section 2821(b) of the Public Health Service Act (42 U.S.C. 300hh-
31(b)) is amended, in the matter preceding paragraph (1), by striking
``2019 through 2023'' and inserting ``2025 and 2026, to remain
available through December 31, 2026''.
TITLE VII--PUBLIC HEALTH PROGRAMS
SEC. 701. ACTION FOR DENTAL HEALTH.
Section 340G(f) of the Public Health Service Act (42 U.S.C.
256g(f)) is amended by striking ``$13,903,000 for each of fiscal years
2019 through 2023'' and inserting ``$15,000,000 for each of fiscal
years 2025 through 2029, to remain available until expended''.
SEC. 702. PREEMIE.
(a) Research Relating to Preterm Labor and Delivery and the Care,
Treatment, and Outcomes of Preterm and Low Birthweight Infants.--
(1) In general.--Section 3(e) of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early
Act (42 U.S.C. 247b-4f(e)) is amended by striking ``fiscal
years 2019 through 2023'' and inserting ``fiscal years 2025
through 2029''.
(2) Technical correction.--Effective as if included in the
enactment of the PREEMIE Reauthorization Act of 2018 (Public
Law 115-328), section 2 of such Act is amended, in the matter
preceding paragraph (1), by striking ``Section 2'' and
inserting ``Section 3''.
(b) Interagency Working Group.--Section 5(a) of the PREEMIE
Reauthorization Act of 2018 (Public Law 115-328) is amended by striking
``The Secretary of Health and Human Services, in collaboration with
other departments, as appropriate, may establish'' and inserting ``Not
later than 18 months after the date of the enactment of the Health
Improvements, Extenders, and Reauthorizations Act, the Secretary of
Health and Human Services, in collaboration with other departments, as
appropriate, shall establish''.
(c) Study on Preterm Births.--
(1) In general.--The Secretary of Health and Human Services
shall enter into appropriate arrangements with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies shall--
(A) not later than 30 days after the date of
enactment of this Act, convene a committee of experts
in maternal health to study premature births in the
United States; and
(B) upon completion of the study under subparagraph
(A)--
(i) approve by consensus a report on the
results of such study;
(ii) include in such report--
(I) an assessment of each of the
topics listed in paragraph (2);
(II) the analysis required by
paragraph (3); and
(III) the raw data used to develop
such report; and
(iii) not later than 24 months after the
date of enactment of this Act, transmit such
report to--
(I) the Secretary of Health and
Human Services;
(II) the Committee on Energy and
Commerce of the House of
Representatives; and
(III) the Committee on Finance and
the Committee on Health, Education,
Labor, and Pensions of the Senate.
(2) Assessment topics.--The topics listed in this
subsection are each of the following:
(A) The financial costs of premature birth to
society, including--
(i) an analysis of stays in neonatal
intensive care units and the cost of such
stays;
(ii) long-term costs of stays in such units
to society and the family involved post-
discharge; and
(iii) health care costs for families post-
discharge from such units (such as medications,
therapeutic services, co-payments for visits,
and specialty equipment).
(B) The factors that impact preterm birth rates.
(C) Opportunities for earlier detection of
premature birth risk factors, including--
(i) opportunities to improve maternal and
infant health; and
(ii) opportunities for public health
programs to provide support and resources for
parents in-hospital, in non-hospital settings,
and post-discharge.
(3) Analysis.--The analysis required by this subsection is
an analysis of--
(A) targeted research strategies to develop
effective drugs, treatments, or interventions to bring
at-risk pregnancies to term;
(B) State and other programs' best practices with
respect to reducing premature birth rates; and
(C) precision medicine and preventative care
approaches starting early in the life course (including
during pregnancy) with a focus on behavioral and
biological influences on premature birth, child health,
and the trajectory of such approaches into adulthood.
SEC. 703. PREVENTING MATERNAL DEATHS.
(a) Maternal Mortality Review Committee.--Section 317K(d) of the
Public Health Service Act (42 U.S.C. 247b-12(d)) is amended--
(1) in paragraph (1)(A), by inserting ``(including
obstetricians and gynecologists)'' after ``clinical
specialties''; and
(2) in paragraph (3)(A)(i)--
(A) in subclause (I), by striking ``as applicable''
and inserting ``if available''; and
(B) in subclause (III), by striking ``, as
appropriate'' and inserting ``and coordinating with
death certifiers to improve the collection of death
record reports and the quality of death records,
including by amending cause-of-death information on a
death certificate, as appropriate''.
(b) Best Practices Relating to the Prevention of Maternal
Mortality.--Section 317K of the Public Health Service Act (42 U.S.C.
247b-12) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Best Practices Relating to the Prevention of Maternal
Mortality.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall, in consultation with the Administrator of the Health
Resources and Services Administration, disseminate to
hospitals, State professional society groups, and perinatal
quality collaboratives, best practices on how to prevent
maternal mortality and morbidity that consider and reflect best
practices identified through other relevant Federal maternal
health programs.
``(2) Frequency.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall disseminate the best practices referred to in paragraph
(1) not less than once per fiscal year.''.
(c) Extension.--Subsection (g) of section 317K of the Public Health
Service Act (42 U.S.C. 247b-12), as redesignated by subsection (b), is
amended by striking ``$58,000,000 for each of fiscal years 2019 through
2023'' and inserting ``$100,000,000 for each of fiscal years 2025
through 2029''.
SEC. 704. SICKLE CELL DISEASE PREVENTION AND TREATMENT.
(a) In General.--Section 1106(b) of the Public Health Service Act
(42 U.S.C. 300b-5(b)) is amended--
(1) in paragraph (1)(A)(iii), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment of
sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(2) in paragraph (2)(D), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment of
sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``enter into a
contract with'' and inserting ``make a grant to, or
enter into a contract or cooperative agreement with,'';
and
(B) in subparagraph (B), in each of clauses (ii)
and (iii), by striking ``prevention and treatment of
sickle cell disease'' and inserting ``treatment of
sickle cell disease and the prevention and treatment of
complications of sickle cell disease''; and
(4) in paragraph (6), by striking ``$4,455,000 for each of
fiscal years 2019 through 2023'' and inserting ``$8,205,000 for
each of fiscal years 2025 through 2029''.
(b) Sense of Congress.--It is the sense of Congress that further
research should be undertaken to expand the understanding of the causes
of, and to find cures for, heritable blood disorders, including sickle
cell disease.
SEC. 705. TRAUMATIC BRAIN INJURIES.
(a) The Bill Pascrell, Jr., National Program for Traumatic Brain
Injury Surveillance and Registries.--
(1) Prevention of traumatic brain injury.--Section 393B of
the Public Health Service Act (42 U.S.C. 280b-1c) is amended--
(A) in subsection (a), by inserting ``and
prevalence'' after ``incidence'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``and
reduction of associated injuries and
fatalities'' before the semicolon;
(ii) in paragraph (2), by inserting ``and
related risk factors'' before the semicolon;
and
(iii) in paragraph (3)--
(I) in the matter preceding
subparagraph (A), by striking ``2020''
each place it appears and inserting
``2030''; and
(II) in subparagraph (A)--
(aa) in clause (i), by
striking ``; and'' and
inserting a semicolon;
(bb) by redesignating
clause (ii) as clause (iv);
(cc) by inserting after
clause (i) the following:
``(ii) populations at higher risk of
traumatic brain injury, including populations
whose increased risk is due to occupational or
circumstantial factors;
``(iii) causes of, and risk factors for,
traumatic brain injury; and''; and
(dd) in clause (iv), as so
redesignated, by striking
``arising from traumatic brain
injury'' and inserting ``,
which may include related
mental health and other
conditions, arising from
traumatic brain injury,
including''; and
(C) in subsection (c), by inserting ``, and other
relevant Federal departments and agencies'' before the
period at the end.
(2) National program for traumatic brain injury
surveillance and registries.--Section 393C of the Public Health
Service Act (42 U.S.C. 280b-1d) is amended--
(A) by amending the section heading to read as
follows: ``the bill pascrell, jr., national program for
traumatic brain injury surveillance and registries'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1),
by inserting ``to identify populations that may
be at higher risk for traumatic brain injuries,
to collect data on the causes of, and risk
factors for, traumatic brain injuries,'' after
``related disability,'';
(ii) in paragraph (1), by inserting ``,
including the occupation of the individual,
when relevant to the circumstances surrounding
the injury'' before the semicolon; and
(iii) in paragraph (4), by inserting
``short- and long-term'' before ``outcomes'';
(C) by striking subsection (b);
(D) by redesignating subsection (c) as subsection
(b);
(E) in subsection (b), as so redesignated, by
inserting ``and evidence-based practices to identify
and address concussion'' before the period at the end;
and
(F) by adding at the end the following:
``(c) Availability of Information.--The Secretary, acting through
the Director of the Centers for Disease Control and Prevention, shall
make publicly available aggregated information on traumatic brain
injury and concussion described in this section, including on the
website of the Centers for Disease Control and Prevention. Such
website, to the extent feasible, shall include aggregated information
on populations that may be at higher risk for traumatic brain injuries
and strategies for preventing or reducing risk of traumatic brain
injury that are tailored to such populations.''.
(3) Authorization of appropriations.--Section 394A of the
Public Health Service Act (42 U.S.C. 280b-3) is amended--
(A) in subsection (a), by striking ``1994, and''
and inserting ``1994,''; and
(B) in subsection (b), by striking ``2020 through
2024'' and inserting ``2025 through 2029''.
(b) State Grant Programs.--
(1) State grants for projects regarding traumatic brain
injury.--Section 1252 of the Public Health Service Act (42
U.S.C. 300d-52) is amended--
(A) in subsection (b)(2)--
(i) by inserting ``, taking into
consideration populations that may be at higher
risk for traumatic brain injuries'' after
``outreach programs''; and
(ii) by inserting ``Tribal,'' after
``State,'';
(B) in subsection (c), by adding at the end the
following:
``(3) Maintenance of effort.--With respect to activities
for which a grant awarded under subsection (a) is to be
expended, a State or American Indian consortium shall agree to
maintain expenditures of non-Federal amounts for such
activities at a level that is not less than the level of such
expenditures maintained by the State or American Indian
consortium for the fiscal year preceding the fiscal year for
which the State or American Indian consortium receives such a
grant.
``(4) Waiver.--The Secretary may, upon the request of a
State or American Indian consortium, waive not more than 50
percent of the matching fund amount under paragraph (1), if the
Secretary determines that such matching fund amount would
result in an inability of the State or American Indian
consortium to carry out the purposes under subsection (a). A
waiver provided by the Secretary under this paragraph shall
apply only to the fiscal year involved.'';
(C) in subsection (e)(3)(B)--
(i) by striking ``(such as third party
payers, State agencies, community-based
providers, schools, and educators)''; and
(ii) by inserting ``(such as third party
payers, State agencies, community-based
providers, schools, and educators)'' after
``professionals'';
(D) in subsection (h), by striking paragraphs (1)
and (2) and inserting the following:
``(1) American indian consortium; state.--The terms
`American Indian consortium' and `State' have the meanings
given such terms in section 1253.
``(2) Traumatic brain injury.--
``(A) In general.--Subject to subparagraph (B), the
term `traumatic brain injury'--
``(i) means an acquired injury to the
brain;
``(ii) may include--
``(I) brain injuries caused by
anoxia due to trauma; and
``(II) damage to the brain from an
internal or external source that
results in infection, toxicity,
surgery, or vascular disorders not
associated with aging; and
``(iii) does not include brain dysfunction
caused by congenital or degenerative disorders,
or birth trauma.
``(B) Revisions to definition.--The Secretary may
revise the definition of the term `traumatic brain
injury' under this paragraph, as the Secretary
determines necessary, after consultation with States
and other appropriate public or nonprofit private
entities.''; and
(E) in subsection (i), by striking ``2020 through
2024'' and inserting ``2025 through 2029''.
(2) State grants for protection and advocacy services.--
Section 1253(l) of the Public Health Service Act (42 U.S.C.
300d-53(l)) is amended by striking ``2020 through 2024'' and
inserting ``2025 through 2029''.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report that contains--
(1) an overview of populations who may be at higher risk
for traumatic brain injury, such as individuals affected by
domestic violence or sexual assault and public safety officers
as defined in section 1204 of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10284);
(2) an outline of existing surveys and activities of the
Centers for Disease Control and Prevention on traumatic brain
injuries and any steps the agency has taken to address gaps in
data collection related to such higher risk populations, which
may include leveraging surveys such as the National Intimate
Partner and Sexual Violence Survey to collect data on traumatic
brain injuries;
(3) an overview of any outreach or education efforts to
reach such higher risk populations; and
(4) any challenges associated with reaching such higher
risk populations.
(d) Study on Long-term Symptoms or Conditions Related to Traumatic
Brain Injury.--
(1) In general.--The Secretary, in consultation with
stakeholders and the heads of other relevant Federal
departments and agencies, as appropriate, shall conduct, either
directly or through a contract with a nonprofit private entity,
a study to--
(A) examine the incidence and prevalence of long-
term or chronic symptoms or conditions in individuals
who have experienced a traumatic brain injury;
(B) examine the evidence base of research related
to the chronic effects of traumatic brain injury across
the lifespan;
(C) examine any correlations between traumatic
brain injury and increased risk of other conditions,
such as dementia and mental health conditions;
(D) assess existing services available for
individuals with such long-term or chronic symptoms or
conditions; and
(E) identify any gaps in research related to such
long-term or chronic symptoms or conditions of
individuals who have experienced a traumatic brain
injury.
(2) Public report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall--
(A) submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report detailing the findings, conclusions, and
recommendations of the study described in paragraph
(1); and
(B) in the case that such study is conducted
directly by the Secretary, make the report described in
subparagraph (A) publicly available on the website of
the Department of Health and Human Services.
SEC. 706. LIFESPAN RESPITE CARE.
(a) Definition of Family Caregiver.--Section 2901(5) of the Public
Health Service Act (42 U.S.C. 300ii(5)) is amended by striking ``unpaid
adult'' and inserting ``unpaid individual''.
(b) Funding.--Section 2905 of the Public Health Service Act (42
U.S.C. 300ii-4) is amended by striking ``fiscal years 2020 through
fiscal year 2024'' and inserting ``fiscal years 2025 through 2029''.
SEC. 707. DR. LORNA BREEN HEALTH CARE PROVIDER PROTECTION.
(a) Dissemination of Best Practices.-- Section 2 of the Dr. Lorna
Breen Health Care Provider Protection Act (Public Law 117-105) is
amended by striking ``2 years'' and inserting ``5 years''.
(b) Education and Awareness Initiative Encouraging Use of Mental
Health and Substance Use Disorder Services by Health Care
Professionals.--Section 3 of the Dr. Lorna Breen Health Care Provider
Protection Act (Public Law 117-105) is amended--
(1) in subsection (b), by inserting ``and annually
thereafter,'' after ``of this Act,''; and
(2) in subsection (c), by striking ``2022 through 2024''
and inserting ``2025 through 2029''.
(c) Programs to Promote Mental Health Among the Health Professional
Workforce.--The second section 764 of the Public Health Service Act (42
U.S.C. 294t), as added by section 4 of the Dr. Lorna Breen Health Care
Provider Protection Act (Public Law 117-105), is amended--
(1) by redesignating such section 764 as section 764A;
(2) in subsection (a)(3)--
(A) by striking ``to eligible entities in'' and
inserting ``to eligible entities that--
``(A) are in'';
(B) by striking the period and inserting ``; or'';
and
(C) by adding at the end the following:
``(B) have a focus on the reduction of
administrative burden on health care workers.'';
(3) in subsection (c), by inserting ``not less than'' after
``period of''; and
(4) in subsection (f), by striking ``2022 through 2024''
and inserting ``2025 through 2029''.
SEC. 708. GABRIELLA MILLER KIDS FIRST RESEARCH.
(a) Funding for the Pediatric Research Initiative.--
(1) In general.--The Public Health Service Act (42 U.S.C.
201 et seq.) is amended--
(A) in section 402A(a)(2) (42 U.S.C. 282a(a)(2))--
(i) in the heading--
(I) by striking ``10-year''; and
(II) by striking ``through common
fund'';
(ii) by striking ``to the Common Fund'' and
inserting ``to the Division of Program
Coordination, Planning, and Strategic
Initiatives'';
(iii) by striking ``10-Year'';
(iv) by striking ``and reserved under
subsection (c)(1)(B)(i) of this section''; and
(v) by striking ``2014 through 2023'' and
inserting ``2025 through 2031'';
(B) in each of paragraphs (1)(A) and (2)(C) of
section 402A(c) (42 U.S.C. 282a(c)), by striking
``section 402(b)(7)(B)'' and inserting ``section
402(b)(7)(B)(i)''; and
(C) in section 402(b)(7)(B)(ii) (42 U.S.C.
282(b)(7)(B)(ii)), by striking ``the Common Fund'' and
inserting ``the Division of Program Coordination,
Planning, and Strategic Initiatives''.
(2) Conforming amendment.--Section 9008(i)(2) of the
Internal Revenue Code of 1986 (26 U.S.C. 9008(i)(2)) is amended
by striking ``10-Year''.
(b) Coordination of NIH Funding for Pediatric Research.--
(1) Sense of congress.--It is the sense of the Congress
that the Director of the National Institutes of Health should
continue to oversee and coordinate research that is conducted
or supported by the National Institutes of Health for research
on pediatric cancer and other pediatric diseases and
conditions, including through the Pediatric Research Initiative
Fund.
(2) Avoiding duplication.--Section 402(b)(7)(B)(ii) of the
Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is
amended by inserting ``and shall prioritize, as appropriate,
such pediatric research that does not duplicate existing
research activities of the National Institutes of Health''
before ``; and''.
(c) Report on Progress and Investments in Pediatric Research.--Not
later than 5 years after the date of the enactment of this Act, the
Secretary of Health and Human Services shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a report that--
(1) details pediatric research projects and initiatives
receiving funds allocated pursuant to section 402(b)(7)(B)(ii)
of the Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii));
and
(2) summarizes advancements made in pediatric research with
funds allocated pursuant to such section.
SEC. 709. SCREENS FOR CANCER.
(a) National Breast and Cervical Cancer Early Detection Program.--
Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is
amended--
(1) in section 1501 (42 U.S.C. 300k)--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``the
provision of appropriate follow-up services and
support services such as case management'' and
inserting ``that appropriate follow-up services
are provided'';
(ii) in paragraph (3), by striking
``programs for the detection and control'' and
inserting ``for the prevention, detection, and
control'';
(iii) in paragraph (4), by striking ``the
detection and control'' and inserting ``the
prevention, detection, and control'';
(iv) in paragraph (5)--
(I) by striking ``monitor'' and
inserting ``ensure''; and
(II) by striking ``; and'' and
inserting a semicolon;
(v) by redesignating paragraph (6) as
paragraph (9);
(vi) by inserting after paragraph (5) the
following:
``(6) to enhance appropriate support activities to increase
breast and cervical cancer screenings, such as navigation of
health care services, implementation of evidence-based or
evidence-informed strategies to increase breast and cervical
cancer screening in health care settings, and facilitation of
access to health care settings;
``(7) to reduce disparities in breast and cervical cancer
incidence, morbidity, and mortality, including in populations
with higher than average rates;
``(8) to improve access to breast and cervical cancer
screening and diagnostic services and reduce related barriers,
including factors that relate to negative health outcomes;
and''; and
(vii) in paragraph (9), as so redesignated,
by striking ``through (5)'' and inserting
``through (8)''; and
(B) by striking subsection (d);
(2) in section 1503 (42 U.S.C. 300m)--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``that,
initially'' and all that follows through the
semicolon and inserting ``that appropriate
breast and cervical cancer screening and
diagnostic services are provided consistent
with relevant evidence-based recommendations;
and'';
(ii) by striking paragraphs (2) and (4);
(iii) by redesignating paragraph (3) as
paragraph (2); and
(iv) in paragraph (2), as so redesignated,
by striking ``; and'' and inserting a period;
and
(B) by striking subsection (d);
(3) in section 1508(b) (42 U.S.C. 300n-4(b))--
(A) by striking ``1 year after the date of the
enactment of the National Breast and Cervical Cancer
Early Detection Program Reauthorization of 2007, and
annually thereafter,'' and inserting ``2 years after
the date of enactment of the Health Improvements,
Extenders, and Reauthorizations Act, and every 5 years
thereafter,'';
(B) by striking ``Labor and Human Resources'' and
inserting ``Health, Education, Labor, and Pensions'';
and
(C) by striking ``preceding fiscal year'' and
inserting ``preceding 2 fiscal years in the case of the
first report after the date of enactment of the Health
Improvements, Extenders, and Reauthorizations Act and
preceding 5 fiscal years for each report thereafter'';
and
(4) in section 1510(a) (42 U.S.C. 300n-5(a))--
(A) by striking ``2011, and'' and inserting
``2011,''; and
(B) by inserting ``, and $235,500,000 for each of
fiscal years 2025 through 2029'' before the period at
the end before the period at the end.
(b) GAO Study.--Not later than September 30, 2027, the Comptroller
General of the United States shall report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives on the work of the
National Breast and Cervical Cancer Early Detection Program,
including--
(1) an estimate of the number of individuals eligible for
services provided under such program;
(2) a summary of trends in the number of individuals served
through such program; and
(3) an assessment of any factors that may be driving the
trends identified under paragraph (2), including any barriers
to accessing breast and cervical cancer screenings provided by
such program.
SEC. 710. DEONDRA DIXON INCLUDE PROJECT.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. DOWN SYNDROME RESEARCH.
``(a) In General.--The Director of NIH shall carry out a program of
research, training, and investigation related to Down syndrome to be
known as the `INvestigation of Co-occurring conditions across the
Lifespan to Understand Down syndromE Project' or the `INCLUDE Project'.
``(b) Program Elements.--The program under subsection (a) shall
include--
``(1) high-risk, high reward research on the effects of
trisomy 21 on human development and health;
``(2) promoting research for participants with Down
syndrome across the lifespan, including cohort studies to
facilitate improved understanding of Down syndrome and co-
occurring conditions and development of new interventions;
``(3) expanding the number of clinical trials that are
inclusive of, or expressly for, participants with Down
syndrome, including novel biomedical and pharmacological
interventions and other therapies designed to promote or
enhance activities of daily living;
``(4) research on the biological mechanisms in individuals
with Down syndrome pertaining to structural, functional, and
behavioral anomalies and dysfunction as well as stunted growth;
``(5) supporting research to improve diagnosis and
treatment of conditions co-occurring with Down syndrome,
including the identification of biomarkers related to risk
factors, diagnosis, and clinical research and therapeutics;
``(6) research on the causes of increased prevalence, and
concurrent treatment, of co-occurring conditions, such as
Alzheimer's disease and related dementias and autoimmunity, in
individuals with Down syndrome; and
``(7) research, training, and investigation on improving
the quality of life of individuals with Down syndrome and their
families.
``(c) Coordination; Prioritizing Nonduplicative Research.--The
Director of NIH shall ensure that--
``(1) the programs and activities of the institutes and
centers of the National Institutes of Health relating to Down
syndrome and co-occurring conditions are coordinated, including
through the Office of the Director of NIH and priority-setting
reviews conducted pursuant to section 402(b)(3); and
``(2) such institutes and centers, prioritize, as
appropriate, Down syndrome research that does not duplicate
existing research activities of the National Institutes of
Health.
``(d) Consultation With Stakeholders.--In carrying out activities
under this section, the Director of NIH shall, as appropriate and to
the maximum extent feasible, consult with relevant stakeholders,
including patient advocates, to ensure that such activities take into
consideration the needs of individuals with Down syndrome.
``(e) Biennial Reports to Congress.--
``(1) In general.--The Director of NIH shall submit, on a
biennial basis, to the Committee on Energy and Commerce and the
Subcommittee on Labor, Health and Human Services, Education,
and Related Agencies of the Committee on Appropriations of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Subcommittee on Labor,
Health and Human Services, Education, and Related Agencies of
the Committee on Appropriations of the Senate, a report that
catalogs the research conducted or supported under this
section.
``(2) Contents.--Each report under paragraph (1) shall
include--
``(A) identification of the institute or center
involved;
``(B) a statement of whether the research is or was
being carried out directly by such institute or center
or by multiple institutes and centers; and
``(C) identification of any resulting real-world
evidence that is or may be used for clinical research
and medical care for patients with Down syndrome.''.
SEC. 711. IMPROVE INITIATIVE.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.), as amended by section 710, is further amended by adding at
the end the following:
``SEC. 409L. IMPROVE INITIATIVE.
``(a) In General.--The Director of the National Institutes of
Health shall carry out a program of research to improve health outcomes
to be known as the Implementing a Maternal health and PRegnancy
Outcomes Vision for Everyone Initiative (referred to in this section as
the `Initiative').
``(b) Objectives.--The Initiative shall--
``(1) advance research to--
``(A) reduce preventable causes of maternal
mortality and severe maternal morbidity;
``(B) reduce health disparities related to maternal
health outcomes, including such disparities associated
with medically underserved populations; and
``(C) improve health for pregnant and postpartum
women before, during, and after pregnancy;
``(2) use an integrated approach to understand the factors,
including biological, behavioral, and other factors, that
affect maternal mortality and severe maternal morbidity by
building an evidence base for improved outcomes in specific
regions of the United States; and
``(3) target health disparities associated with maternal
mortality and severe maternal morbidity by--
``(A) implementing and evaluating community-based
interventions for disproportionately affected women;
and
``(B) identifying risk factors and the underlying
biological mechanisms associated with leading causes of
maternal mortality and severe maternal morbidity in the
United States.
``(c) Sunset.--The authority under this section shall expire on
September 30, 2029.''.
SEC. 712. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK.
Section 372 of the Public Health Service Act (42 U.S.C. 274) is
amended--
(1) in subsection (b)(2)--
(A) by moving the margins of subparagraphs (M)
through (O) 2 ems to the left;
(B) in subparagraph (A)--
(i) in clause (i), by striking ``, and''
and inserting ``; and''; and
(ii) in clause (ii), by striking the comma
at the end and inserting a semicolon;
(C) in subparagraph (C), by striking ``twenty-four-
hour telephone service'' and inserting ``24-hour
telephone or information technology service'';
(D) in each of subparagraphs (B) through (M), by
striking the comma at the end and inserting a
semicolon;
(E) in subparagraph (N), by striking
``transportation, and'' and inserting
``transportation;'';
(F) in subparagraph (O), by striking the period and
inserting a semicolon; and
(G) by adding at the end the following:
``(P) encourage the integration of electronic
health records systems through application programming
interfaces (or successor technologies) among hospitals,
organ procurement organizations, and transplant
centers, including the use of automated electronic
hospital referrals and the grant of remote, electronic
access to hospital electronic health records of
potential donors by organ procurement organizations, in
a manner that complies with the privacy regulations
promulgated under the Health Insurance Portability and
Accountability Act of 1996, at part 160 of title 45,
Code of Federal Regulations, and subparts A, C, and E
of part 164 of such title (or any successor
regulations); and
``(Q) consider establishing a dashboard to display
the number of transplants performed, the types of
transplants performed, the number and types of organs
that entered the Organ Procurement and Transplantation
Network system and failed to be transplanted, and other
appropriate statistics, which should be updated more
frequently than annually.''; and
(2) by adding at the end the following:
``(d) Registration Fees.--
``(1) In general.--The Secretary may collect registration
fees from any member of the Organ Procurement and
Transplantation Network for each transplant candidate such
member places on the list described in subsection (b)(2)(A)(i).
Such registration fees shall be collected and distributed only
to support the operation of the Organ Procurement and
Transplantation Network. Such registration fees are authorized
to remain available until expended.
``(2) Collection.--The Secretary may collect the
registration fees under paragraph (1) directly or through
awards made under subsection (b)(1)(A).
``(3) Distribution.--Any amounts collected under this
subsection shall--
``(A) be credited to the currently applicable
appropriation, account, or fund of the Department of
Health and Human Services as discretionary offsetting
collections; and
``(B) be available, only to the extent and in the
amounts provided in advance in appropriations Acts, to
distribute such fees among awardees described in
subsection (b)(1)(A).
``(4) Transparency.--The Secretary shall--
``(A) promptly post on the website of the Organ
Procurement and Transplantation Network--
``(i) the amount of registration fees
collected under this subsection from each
member of the Organ Procurement and
Transplantation Network; and
``(ii) a list of activities such fees are
used to support; and
``(B) update the information posted pursuant to
subparagraph (A), as applicable for each calendar
quarter for which fees are collected under paragraph
(1).
``(5) GAO review.--Not later than 2 years after the date of
enactment of this subsection, the Comptroller General of the
United States shall, to the extent data are available--
``(A) conduct a review concerning the activities
under this subsection; and
``(B) submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Finance of the
Senate and the Committee on Energy and Commerce of the
House of Representatives, a report on such review,
including related recommendations, as applicable.
``(6) Sunset.--The authority to collect registration fees
under paragraph (1) shall expire on the date that is 3 years
after the date of enactment of the Health Improvements,
Extenders, and Reauthorizations Act.''.
SEC. 713. HONOR OUR LIVING DONORS.
(a) No Consideration of Income of Organ Recipient.--Section 377 of
the Public Health Service Act (42 U.S.C. 274f) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) No Consideration of Income of Organ Recipient.--The recipient
of a grant under this section, in providing reimbursement to a donating
individual through such grant, shall not give any consideration to the
income of the organ recipient.''; and
(3) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``subsection
(c)(1)'' and inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection
(c)(2)'' and inserting ``subsection (d)(2)''.
(b) Removal of Expectation of Payments by Organ Recipients.--
Section 377(e) of the Public Health Service Act (42 U.S.C. 274f(e)), as
redesignated by section 2(1), is amended--
(1) in paragraph (1), by adding ``or'' at the end;
(2) in paragraph (2), by striking ``; or'' and inserting a
period; and
(3) by striking paragraph (3).
(c) Annual Report.--Section 377 of the Public Health Service Act
(42 U.S.C. 274f), as amended by sections 2 and 3, is amended by adding
at the end the following:
``(h) Annual Report.--Not later than December 31 of each year,
beginning in Fiscal Year 2026, the Secretary shall--
``(1) prepare, submit to the Congress, and make public a
report on whether grants under this section provided adequate
funding during the preceding fiscal year to reimburse all
donating individuals participating in the grant program under
this section for all qualifying expenses; and
``(2) include in each such report--
``(A) the estimated number of all donating
individuals participating in the grant program under
this section who did not receive reimbursement for all
qualifying expenses during the preceding fiscal year;
and
``(B) the total amount of funding that is estimated
to be necessary to fully reimburse all donating
individuals participating in the grant program under
this section for all qualifying expenses.''.
SEC. 714. PROGRAM FOR PEDIATRIC STUDIES OF DRUGS.
Section 409I(d)(1) of the Public Health Service Act (42 U.S.C.
284m(d)(1)) is amended by striking ``section,'' and all that follows
through the period at the end and inserting ``section, $25,000,000 for
each of fiscal years 2025 through 2027.''.
TITLE VIII--FOOD AND DRUG ADMINISTRATION
Subtitle A--Give Kids a Chance
SEC. 801. RESEARCH INTO PEDIATRIC USES OF DRUGS; ADDITIONAL AUTHORITIES
OF FOOD AND DRUG ADMINISTRATION REGARDING MOLECULARLY
TARGETED CANCER DRUGS.
(a) In General.--
(1) Additional active ingredient for application drug;
limitation regarding novel-combination application drug.--
Section 505B(a)(3) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355c(a)(3)) is amended--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) In general.--For purposes of paragraph
(1)(B), the investigation described in this paragraph
is a molecularly targeted pediatric cancer
investigation of--
``(i) the drug or biological product for
which the application referred to in such
paragraph is submitted; or
``(ii) such drug or biological product used
in combination with--
``(I) an active ingredient of a
drug or biological product--
``(aa) for which an
approved application under
section 505(j) under this Act
or under section 351(k) of the
Public Health Service Act is in
effect; and
``(bb) that is determined
by the Secretary, after
consultation with the
applicant, to be part of the
standard of care for treating a
pediatric cancer; or
``(II) an active ingredient of a
drug or biological product--
``(aa) for which an
approved application under
section 505(b) of this Act or
section 351(a) of the Public
Health Service Act to treat an
adult cancer is in effect and
is held by the same person
submitting the application
under paragraph (1)(B); and
``(bb) that is directed at
a molecular target that the
Secretary determines to be
substantially relevant to the
growth or progression of a
pediatric cancer.
``(B) Additional requirements.--
``(i) Design of investigation.--A
molecularly targeted pediatric cancer
investigation referred to in subparagraph (A)
shall be designed to yield clinically
meaningful pediatric study data that is
gathered using appropriate formulations for
each age group for which the study is required,
regarding dosing, safety, and preliminary
efficacy to inform potential pediatric
labeling.
``(ii) Limitation.--An investigation
described in subparagraph (A)(ii) may be
required only if the drug or biological product
for which the application referred to in
paragraph (1)(B) contains either--
``(I) a single new active
ingredient; or
``(II) more than one active
ingredient, if an application for the
combination of active ingredients has
not previously been approved but each
active ingredient is in a drug product
that has been previously approved to
treat an adult cancer.
``(iii) Results of already-completed
preclinical studies of application drug.--With
respect to an investigation required pursuant
to paragraph (1)(B), the Secretary may require
the results of any completed preclinical
studies relevant to the initial pediatric study
plan be submitted to the Secretary at the same
time that the initial pediatric study plan
required under subsection (e)(1) is submitted.
``(iv) Rule of construction regarding
inactive ingredients.--With respect to a
combination of active ingredients referred to
in subparagraph (A)(ii), such subparagraph
shall not be construed as addressing the use of
inactive ingredients with such combination.''.
(2) Determination of applicable requirements.--Section
505B(e)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355c(e)(1)) is amended by adding at the end the
following: ``The Secretary shall determine whether subparagraph
(A) or (B) of subsection (a)(1) applies with respect to an
application before the date on which the applicant is required
to submit the initial pediatric study plan under paragraph
(2)(A).''.
(3) Clarifying applicability.--Section 505B(a)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(a)(1)) is
amended by adding at the end the following:
``(C) Rule of construction.--No application that is
subject to the requirements of subparagraph (B) shall
be subject to the requirements of subparagraph (A), and
no application (or supplement to an application) that
is subject to the requirements of subparagraph (A)
shall be subject to the requirements of subparagraph
(B).''.
(4) Conforming amendments.--Section 505B(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355c(a)) is amended--
(A) in paragraph (3)(C), as redesignated by
paragraph (1)(A) of this subsection, by striking
``investigations described in this paragraph'' and
inserting ``investigations referred to in subparagraph
(A)''; and
(B) in paragraph (3)(D), as redesignated by
paragraph (1)(A) of this subsection, by striking ``the
assessments under paragraph (2)(B)'' and inserting
``the assessments required under paragraph (1)(A)''.
(b) Guidance.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall--
(1) not later than 12 months after the date of enactment of
this Act, issue draft guidance on the implementation of the
amendments made by subsection (a); and
(2) not later than 12 months after closing the comment
period on such draft guidance, finalize such guidance.
(c) Applicability.--The amendments made by this section apply with
respect to any application under section 505(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)) and any application under
section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)),
that is submitted on or after the date that is 3 years after the date
of enactment of this Act.
(d) Reports to Congress.--
(1) Secretary of health and human services.--Not later than
6 years after the date of enactment of this Act, the Secretary
of Health and Human Services shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the Secretary's efforts, in coordination
with industry, to ensure implementation of the amendments made
by subsection (a).
(2) GAO study and report.--
(A) Study.--Not later than 8 years after the date
of enactment of this Act, the Comptroller General of
the United States shall conduct a study of the
effectiveness of requiring assessments and
investigations described in section 505B of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C.355c), as
amended by subsection (a), in the development of drugs
and biological products for pediatric cancer
indications, including consideration of any benefits
to, or burdens on, pediatric cancer drug development.
(B) Findings.--Not later than 10 years after the
date of enactment of this Act, the Comptroller General
shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report containing the findings of the study conducted
under subparagraph (A).
SEC. 802. ENSURING COMPLETION OF PEDIATRIC STUDY REQUIREMENTS.
(a) Equal Accountability for Pediatric Study Requirements.--Section
505B(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(d))
is amended--
(1) in paragraph (1), by striking ``Beginning 270'' and
inserting ``Noncompliance letter.--Beginning 270'';
(2) in paragraph (2)--
(A) by striking ``The drug or'' and inserting
``Effect of noncompliance.--The drug or''; and
(B) by striking ``(except that the drug or
biological product shall not be subject to action under
section 303)'' and inserting ``(except that the drug or
biological product shall be subject to action under
section 303 only if such person demonstrated a lack of
due diligence in satisfying the applicable
requirement)''; and
(3) by adding at the end the following:
``(3) Limitation.--The Secretary shall not issue
enforcement actions under section 303 for failures under this
subsection in the case of a drug or biological product that is
no longer marketed.''.
(b) Due Diligence.--Section 505B(d) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355c(d)), as amended by subsection (a), is
further amended by adding at the end the following:
``(4) Due diligence.--Before the Secretary may conclude
that a person failed to submit or otherwise meet a requirement
as described in the matter preceding paragraph (1), the
Secretary shall--
``(A) issue a noncompliance letter pursuant to
paragraph (1);
``(B) provide such person with a 45-day period
beginning on the date of receipt of such noncompliance
letter to respond in writing as set forth in such
paragraph; and
``(C) after reviewing such written response,
determine whether the person demonstrated a lack of due
diligence in satisfying such requirement.''.
(c) Conforming Amendments.--Section 303(f)(4)(A) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(4)(A)) is amended by
striking ``or 505-1'' and inserting ``505-1, or 505B''.
(d) Transition Rule.--The Secretary of Health and Human Services
may take enforcement action under section 303 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333) only for failures described in
section 505B(d) of such Act (21 U.S.C. 355c(d)) that occur on or after
the date that is 180 days after the date of enactment of this Act.
SEC. 803. FDA REPORT ON PREA ENFORCEMENT.
Section 508(b) of the Food and Drug Administration Safety and
Innovation Act (21 U.S.C. 355c-1(b)) is amended--
(1) in paragraph (11), by striking the semicolon at the end
and inserting ``, including an evaluation of compliance with
deadlines provided for in deferrals and deferral extensions;'';
(2) in paragraph (15), by striking ``and'' at the end;
(3) in paragraph (16), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(17) a listing of penalties, settlements, or payments
under section 303 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 353) for failure to comply with requirements under
such section 505B, including, for each penalty, settlement, or
payment, the name of the drug, the sponsor thereof, and the
amount of the penalty, settlement, or payment imposed; and''.
SEC. 804. EXTENSION OF AUTHORITY TO ISSUE PRIORITY REVIEW VOUCHERS TO
ENCOURAGE TREATMENTS FOR RARE PEDIATRIC DISEASES.
(a) Extension.--Paragraph (5) of section 529(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360ff(b)) is amended by
striking ``December 20, 2024, unless'' and all that follows through the
period at the end and inserting ``September 30, 2029.''.
(b) User Fee Payment.--Section 529(c)(4) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360ff(c)(4)) is amended by striking
subparagraph (A) and inserting the following:
``(A) In general.--The priority review user fee
required by this subsection shall be due upon the
submission of a human drug application under section
505(b)(1) or section 351(a) of the Public Health
Service Act for which the priority review voucher is
used. All other user fees associated with the human
drug application shall be due as required by the
Secretary or under applicable law.''.
(c) GAO Report on Effectiveness of Rare Pediatric Disease Priority
Voucher Awards in Incentivizing Rare Pediatric Disease Drug
Development.--
(1) GAO study.--
(A) Study.--The Comptroller General of the United
States shall conduct a study of the effectiveness of
awarding rare pediatric disease priority vouchers under
section 529 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff), as amended by subsection (a), in the
development of human drug products that treat or
prevent rare pediatric diseases (as defined in such
section 529).
(B) Contents of study.--In conducting the study
under subparagraph (A), the Comptroller General shall
examine the following:
(i) The indications for each drug or
biological product that--
(I) is the subject of a rare
pediatric disease product application
(as defined in section 529 of the
Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff)) for which a priority
review voucher was awarded; and
(II) was approved under section 505
of the Federal Food, Drug, and Cosmetic
Act (42 U.S.C. 355) or licensed under
section 351 of the Public Health
Service Act (42 U.S.C. 262).
(ii) Whether, and to what extent, an unmet
need related to the treatment or prevention of
a rare pediatric disease was met through the
approval or licensure of such a drug or
biological product.
(iii) The size of the company to which a
priority review voucher was awarded under
section 529 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff) for such a drug
or biological product.
(iv) The value of such priority review
voucher if transferred.
(v) Identification of each drug for which a
priority review voucher awarded under such
section 529 was used.
(vi) The size of the company using each
priority review voucher awarded under such
section 529.
(vii) The length of the period of time
between the date on which a priority review
voucher was awarded under such section 529 and
the date on which it was used.
(viii) Whether, and to what extent, an
unmet need related to the treatment or
prevention of a rare pediatric disease was met
through the approval under section 505 of the
Federal Food, Drug, and Cosmetic Act (42 U.S.C.
355) or licensure under section 351 of the
Public Health Service Act (42 U.S.C. 262) of a
drug for which a priority review voucher was
used.
(ix) Whether, and to what extent, companies
were motivated by the availability of priority
review vouchers under section 529 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360ff) to attempt to develop a drug for a rare
pediatric disease.
(x) Whether, and to what extent, pediatric
review vouchers awarded under such section were
successful in stimulating development and
expedited patient access to drug products for
treatment or prevention of a rare pediatric
disease that wouldn't otherwise take place
without the incentive provided by such
vouchers.
(xi) The impact of such priority review
vouchers on the workload, review process, and
public health prioritization efforts of the
Food and Drug Administration.
(xii) Any other incentives in Federal law
that exist for companies developing drugs or
biological products described in clause (i).
(2) Report on findings.--Not later than 5 years after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
containing the findings of the study conducted under paragraph
(1).
SEC. 805. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF ORPHAN
DRUGS.
(a) In General.--Section 527 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360cc) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking ``same disease or condition'' and inserting
``same approved use or indication within such rare disease or
condition'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``same rare disease or condition'' and
inserting ``same approved use or indication for which
such 7-year period applies to such already approved or
licensed drug''; and
(B) in paragraph (1), by inserting ``, relating to
the approved use or indication,'' after ``the needs'';
(3) in subsection (c)(1), by striking ``same rare disease
or condition as the already approved drug'' and inserting
``same use or indication for which the already approved or
licensed drug was approved or licensed''; and
(4) by adding at the end the following:
``(f) Approved Use or Indication Defined.--In this section, the
term `approved use or indication' means the use or indication approved
under section 505 of this Act or licensed under section 351 of the
Public Health Service Act for a drug designated under section 526 for a
rare disease or condition.''.
(b) Application of Amendments.--The amendments made by subsection
(a) shall apply with respect to any drug designated under section 526
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb),
regardless of the date on which the drug was so designated, and
regardless of the date on which the drug was approved under section 505
of such Act (21 U.S.C. 355) or licensed under section 351 of the Public
Health Service Act (42 U.S.C. 262).
Subtitle B--United States-Abraham Accords Cooperation and Security
SEC. 811. ESTABLISHMENT OF ABRAHAM ACCORDS OFFICE WITHIN FOOD AND DRUG
ADMINISTRATION.
(a) In General.--Chapter X of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 391 et seq.) is amended by adding at the end the
following:
``SEC. 1015. ABRAHAM ACCORDS OFFICE.
``(a) In General.--The Secretary, acting through the Commissioner
of Food and Drugs, shall establish within the Food and Drug
Administration an office, to be known as the Abraham Accords Office, to
be headed by a director.
``(b) Office.--Not later than 2 years after the date of enactment
of this section, the Secretary shall--
``(1) in consultation with the governments of Abraham
Accords countries, as well as appropriate United States
Government diplomatic and security personnel--
``(A) select the location of the Abraham Accords
Office in an Abraham Accords country; and
``(B) establish such office; and
``(2) assign to such office such personnel of the Food and
Drug Administration as the Secretary determines necessary to
carry out the functions of such office.
``(c) Duties.--The Secretary, acting through the Director of the
Abraham Accords Office, shall--
``(1) after the Abraham Accords Office is established--
``(A) as part of the Food and Drug Administration's
work to strengthen the international oversight of
regulated commodities, provide technical assistance to
regulatory partners in Abraham Accords countries on
strengthening regulatory oversight and converging
regulatory requirements for the oversight of regulated
products, including good manufacturing practices and
other issues relevant to manufacturing medical products
that are regulated by the Food and Drug Administration;
and
``(B) facilitate interactions between the Food and
Drug Administration and interested parties in Abraham
Accords countries, including by sharing relevant
information regarding United States regulatory pathways
with such parties, and facilitate feedback on the
research, development, and manufacturing of products
regulated in accordance with this Act; and
``(2) carry out other functions and activities as the
Secretary determines to be necessary to carry out this section.
``(d) Abraham Accords Country Defined.--In this section, the term
`Abraham Accords country' means a country identified by the Department
of State as having signed the Abraham Accords Declaration.
``(e) National Security.--Nothing in this section shall be
construed to require any action inconsistent with a national security
recommendation provided by the Federal Government.''.
(b) Report to Congress.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Congress a report on the Abraham
Accords Office, including--
(A) an evaluation of how the Office has advanced
progress toward conformance with Food and Drug
Administration regulatory requirements by manufacturers
in the Abraham Accords countries;
(B) a numerical count of parties that the Office
has helped facilitate interactions or feedback pursuant
to section 1015(c)(1)(B) of the Federal Food, Drug, and
Cosmetic Act (as added by subsection (a));
(C) a summary of technical assistance provided to
regulatory partners in Abraham Accords countries
pursuant to subparagraph (A) of such section
1015(c)(1); and
(D) recommendations for increasing and improving
coordination between the Food and Drug Administration
and entities in Abraham Accords countries.
(2) Abraham accords country defined.--In this subsection,
the term ``Abraham Accords country'' has the meaning given such
term in section 1015(d) of the Federal Food, Drug, and Cosmetic
Act (as added by subsection (a)).
TITLE IX--LOWERING PRESCRIPTION DRUG COSTS
SEC. 901. OVERSIGHT OF PHARMACY BENEFIT MANAGEMENT SERVICES.
(a) Public Health Service Act.--Title XXVII of the Public Health
Service Act (42 U.S.C. 300gg et seq.) is amended--
(1) in part D (42 U.S.C. 300gg-111 et seq.), by adding at
the end the following new section:
``SEC. 2799A-11. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after the date
that is 30 months after the date of enactment of this section (referred
to in this subsection and subsection (b) as the `effective date'), a
group health plan or a health insurance issuer offering group health
insurance coverage, or an entity providing pharmacy benefit management
services on behalf of such a plan or issuer, shall not enter into a
contract, including an extension or renewal of a contract, entered into
on or after the effective date, with an applicable entity unless such
applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan (including such a plan offered through a
health insurance issuer) in such a manner that prevents an
entity providing pharmacy benefit management services on behalf
of a group health plan or health insurance issuer offering
group health insurance coverage from making the reports
described in subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan or health
insurance issuer relevant information necessary to make the
reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after the
effective date, in the case of any contract between a group
health plan or a health insurance issuer offering group health
insurance coverage offered in connection with such a plan and
an entity providing pharmacy benefit management services on
behalf of such plan or issuer, including an extension or
renewal of such a contract, entered into on or after the
effective date, the entity providing pharmacy benefit
management services on behalf of such a group health plan or
health insurance issuer, not less frequently than every 6
months (or, at the request of a group health plan, not less
frequently than quarterly, and under the same conditions,
terms, and cost of the semiannual report under this
subsection), shall submit to the group health plan a report in
accordance with this section. Each such report shall be made
available to such group health plan in plain language, in a
machine-readable format, and as the Secretary may determine,
other formats. Each such report shall include the information
described in paragraph (2).
``(2) Information described.--For purposes of paragraph
(1), the information described in this paragraph is, with
respect to drugs covered by a group health plan or group health
insurance coverage offered by a health insurance issuer in
connection with a group health plan during each reporting
period--
``(A) in the case of a group health plan that is
offered by a specified large employer or that is a
specified large plan, and is not offered as health
insurance coverage, or in the case of health insurance
coverage for which the election under paragraph (3) is
made for the applicable reporting period--
``(i) a list of drugs for which a claim was
filed and, with respect to each such drug on
such list--
``(I) the contracted compensation
paid by the group health plan or health
insurance issuer for each covered drug
(identified by the National Drug Code)
to the entity providing pharmacy
benefit management services or other
applicable entity on behalf of the
group health plan or health insurance
issuer;
``(II) the contracted compensation
paid to the pharmacy, by any entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan or
health insurance issuer, for each
covered drug (identified by the
National Drug Code);
``(III) for each such claim, the
difference between the amount paid
under subclause (I) and the amount paid
under subclause (II);
``(IV) the proprietary name,
established name or proper name, and
National Drug Code;
``(V) for each claim for the drug
(including original prescriptions and
refills) and for each dosage unit of
the drug for which a claim was filed,
the type of dispensing channel used to
furnish the drug, including retail,
mail order, or specialty pharmacy;
``(VI) with respect to each drug
dispensed, for each type of dispensing
channel (including retail, mail order,
or specialty pharmacy)--
``(aa) whether such drug is
a brand name drug or a generic
drug, and--
``(AA) in the case
of a brand name drug,
the wholesale
acquisition cost,
listed as cost per days
supply and cost per
dosage unit, on the
date such drug was
dispensed; and
``(BB) in the case
of a generic drug, the
average wholesale
price, listed as cost
per days supply and
cost per dosage unit,
on the date such drug
was dispensed; and
``(bb) the total number
of--
``(AA) prescription
claims (including
original prescriptions
and refills);
``(BB) participants
and beneficiaries for
whom a claim for such
drug was filed through
the applicable
dispensing channel;
``(CC) dosage units
and dosage units per
fill of such drug; and
``(DD) days supply
of such drug per fill;
``(VII) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply to the plan
or coverage after rebates, fees,
alternative discounts, or other
remuneration received from applicable
entities;
``(VIII) the total amount of out-
of-pocket spending by participants and
beneficiaries on such drug, including
spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage,
or for which no claim is submitted
under the plan or coverage;
``(IX) the total net spending on
the drug;
``(X) the total amount received, or
expected to be received, by the plan or
issuer from any applicable entity in
rebates, fees, alternative discounts,
or other remuneration;
``(XI) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible,
information on the total amount of
remuneration for such drug, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer), to the participants
and beneficiaries enrolled in such plan
or coverage;
``(ii) a list of each therapeutic class (as
defined by the Secretary) for which a claim was
filed under the group health plan or health
insurance coverage during the reporting period,
and, with respect to each such therapeutic
class--
``(I) the total gross spending on
drugs in such class before rebates,
price concessions, alternative
discounts, or other remuneration from
applicable entities;
``(II) the net spending in such
class after such rebates, price
concessions, alternative discounts, or
other remuneration from applicable
entities;
``(III) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of drugs or drug
spending;
``(IV) the average net spending per
30-day supply and per 90-day supply by
the plan or by the issuer with respect
to such coverage and its participants
and beneficiaries, among all drugs
within the therapeutic class for which
a claim was filed during the reporting
period;
``(V) the number of participants
and beneficiaries who filled a
prescription for a drug in such class,
including the National Drug Code for
each such drug;
``(VI) if applicable, a description
of the formulary tiers and utilization
mechanisms (such as prior authorization
or step therapy) employed for drugs in
that class; and
``(VII) the total out-of-pocket
spending under the plan or coverage by
participants and beneficiaries,
including spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage
or for which no claim is submitted
under the plan or coverage;
``(iii) with respect to any drug for which
gross spending under the group health plan or
health insurance coverage exceeded $10,000
during the reporting period or, in the case
that gross spending under the group health plan
or coverage exceeded $10,000 during the
reporting period with respect to fewer than 50
drugs, with respect to the 50 prescription
drugs with the highest spending during the
reporting period--
``(I) a list of all other drugs in
the same therapeutic class as such
drug;
``(II) if applicable, the rationale
for the formulary placement of such
drug in that therapeutic category or
class, selected from a list of standard
rationales established by the
Secretary, in consultation with
stakeholders; and
``(III) any change in formulary
placement compared to the prior plan
year; and
``(iv) in the case that such plan or issuer
(or an entity providing pharmacy benefit
management services on behalf of such plan or
issuer) has an affiliated pharmacy or pharmacy
under common ownership, including mandatory
mail and specialty home delivery programs,
retail and mail auto-refill programs, and cost
sharing assistance incentives funded by an
entity providing pharmacy benefit services--
``(I) an explanation of any benefit
design parameters that encourage or
require participants and beneficiaries
in the plan or coverage to fill
prescriptions at mail order, specialty,
or retail pharmacies;
``(II) the percentage of total
prescriptions dispensed by such
pharmacies to participants or
beneficiaries in such plan or coverage;
and
``(III) a list of all drugs
dispensed by such pharmacies to
participants or beneficiaries enrolled
in such plan or coverage, and, with
respect to each drug dispensed--
``(aa) the amount charged,
per dosage unit, per 30-day
supply, or per 90-day supply
(as applicable) to the plan or
issuer, and to participants and
beneficiaries;
``(bb) the median amount
charged to such plan or issuer,
and the interquartile range of
the costs, per dosage unit, per
30-day supply, and per 90-day
supply, including amounts paid
by the participants and
beneficiaries, when the same
drug is dispensed by other
pharmacies that are not
affiliated with or under common
ownership with the entity and
that are included in the
pharmacy network of such plan
or coverage;
``(cc) the lowest cost per
dosage unit, per 30-day supply
and per 90-day supply, for each
such drug, including amounts
charged to the plan or coverage
and to participants and
beneficiaries, that is
available from any pharmacy
included in the network of such
plan or coverage; and
``(dd) the net acquisition
cost per dosage unit, per 30-
day supply, and per 90-day
supply, if such drug is subject
to a maximum price discount;
and
``(B) with respect to any group health plan,
including group health insurance coverage offered in
connection with such a plan, regardless of whether the
plan or coverage is offered by a specified large
employer or whether it is a specified large plan--
``(i) a summary document for the group
health plan that includes such information
described in clauses (i) through (iv) of
subparagraph (A), as specified by the Secretary
through guidance, program instruction, or
otherwise (with no requirement of notice and
comment rulemaking), that the Secretary
determines useful to group health plans for
purposes of selecting pharmacy benefit
management services, such as an estimated net
price to group health plan and participant or
beneficiary, a cost per claim, the fee
structure or reimbursement model, and estimated
cost per participant or beneficiary;
``(ii) a summary document for plans and
issuers to provide to participants and
beneficiaries, which shall be made available to
participants or beneficiaries upon request to
their group health plan (including in the case
of group health insurance coverage offered in
connection with such a plan), that--
``(I) contains such information
described in clauses (iii), (iv), (v),
and (vi), as applicable, as specified
by the Secretary through guidance,
program instruction, or otherwise (with
no requirement of notice and comment
rulemaking) that the Secretary
determines useful to participants or
beneficiaries in better understanding
the plan or coverage or benefits under
such plan or coverage;
``(II) contains only aggregate
information; and
``(III) states that participants
and beneficiaries may request specific,
claims-level information required to be
furnished under subsection (c) from the
group health plan or health insurance
issuer; and
``(iii) with respect to drugs covered by
such plan or coverage during such reporting
period--
``(I) the total net spending by the
plan or coverage for all such drugs;
``(II) the total amount received,
or expected to be received, by the plan
or issuer from any applicable entity in
rebates, fees, alternative discounts,
or other remuneration; and
``(III) to the extent feasible,
information on the total amount of
remuneration for such drugs, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer) to participants and
beneficiaries;
``(iv) amounts paid directly or indirectly
in rebates, fees, or any other type of
compensation (as defined in section
408(b)(2)(B)(ii)(dd)(AA) of the Employee
Retirement Income Security Act) to brokerage
firms, brokers, consultants, advisors, or any
other individual or firm, for--
``(I) the referral of the group
health plan's or health insurance
issuer's business to an entity
providing pharmacy benefit management
services, including the identity of the
recipient of such amounts;
``(II) consideration of the entity
providing pharmacy benefit management
services by the group health plan or
health insurance issuer; or
``(III) the retention of the entity
by the group health plan or health
insurance issuer;
``(v) an explanation of any benefit design
parameters that encourage or require
participants and beneficiaries in such plan or
coverage to fill prescriptions at mail order,
specialty, or retail pharmacies that are
affiliated with or under common ownership with
the entity providing pharmacy benefit
management services under such plan or
coverage, including mandatory mail and
specialty home delivery programs, retail and
mail auto-refill programs, and cost-sharing
assistance incentives directly or indirectly
funded by such entity; and
``(vi) total gross spending on all drugs
under the plan or coverage during the reporting
period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large plan.--
In the case of group health insurance coverage offered in
connection with a group health plan that is offered by a
specified large employer or is a specified large plan, such
group health plan may, on an annual basis, for plan years
beginning on or after the date that is 30 months after the date
of enactment of this section, elect to require an entity
providing pharmacy benefit management services on behalf of the
health insurance issuer to submit to such group health plan a
report that includes all of the information described in
paragraph (2)(A), in addition to the information described in
paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy
benefit management services on behalf of a group health
plan or a health insurance issuer offering group health
insurance coverage shall report information under
paragraph (1) in a manner consistent with the privacy
regulations promulgated under section 13402(a) of the
Health Information Technology for Economic and Clinical
Health Act and consistent with the privacy regulations
promulgated under the Health Insurance Portability and
Accountability Act of 1996 in part 160 and subparts A
and E of part 164 of title 45, Code of Federal
Regulations (or successor regulations) (referred to in
this paragraph as the `HIPAA privacy regulations') and
shall restrict the use and disclosure of such
information according to such privacy regulations and
such HIPAA privacy regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing
pharmacy benefit management services on behalf
of a group health plan or health insurance
issuer offering group health insurance coverage
that submits a report under paragraph (1) shall
ensure that such report contains only summary
health information, as defined in section
164.504(a) of title 45, Code of Federal
Regulations (or successor regulations).
``(ii) Restrictions.--In carrying out this
subsection, a group health plan shall comply
with section 164.504(f) of title 45, Code of
Federal Regulations (or a successor
regulation), and a plan sponsor shall act in
accordance with the terms of the agreement
described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be
construed to modify the requirements for the
creation, receipt, maintenance, or transmission
of protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be
construed to affect the application of any
Federal or State privacy or civil rights law,
including the HIPAA privacy regulations, the
Genetic Information Nondiscrimination Act of
2008 (Public Law 110-233) (including the
amendments made by such Act), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et sec), section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), section 1557 of the
Patient Protection and Affordable Care Act (42
U.S.C. 18116), title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d), and title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health
plans, including with respect to group health insurance
coverage offered in connection with a group health
plan, shall provide to each participant or beneficiary
written notice informing the participant or beneficiary
of the requirement for entities providing pharmacy
benefit management services on behalf of the group
health plan or health insurance issuer offering group
health insurance coverage to submit reports to group
health plans under paragraph (1), as applicable, which
may include incorporating such notification in plan
documents provided to the participant or beneficiary,
or providing individual notification.
``(E) Limitation to business associates.--A group
health plan receiving a report under paragraph (1) may
disclose such information only to the entity from which
the report was received or to that entity's business
associates as defined in section 160.103 of title 45,
Code of Federal Regulations (or successor regulations)
or as permitted by the HIPAA privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an
entity providing pharmacy benefit management services
on behalf of a group health plan or health insurance
issuer offering group health insurance coverage, from
placing reasonable restrictions on the public
disclosure of the information contained in a report
described in paragraph (1), except that such plan,
issuer, or entity may not--
``(i) restrict disclosure of such report to
the Department of Health and Human Services,
the Department of Labor, or the Department of
the Treasury; or
``(ii) prevent disclosure for the purposes
of subsection (c), or any other public
disclosure requirement under this section.
``(G) Limited form of report.--The Secretary shall
define through rulemaking a limited form of the report
under paragraph (1) required with respect to any group
health plan established by a plan sponsor that is, or
is affiliated with, a drug manufacturer, drug
wholesaler, or other direct participant in the drug
supply chain, in order to prevent anti-competitive
behavior.
``(5) Standard format and regulations.--
``(A) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary
shall specify through rulemaking a standard format for
entities providing pharmacy benefit management services
on behalf of group health plans and health insurance
issuers offering group health insurance coverage, to
submit reports required under paragraph (1).
``(B) Additional regulations.--Not later than 18
months after the date of enactment of this section, the
Secretary shall, through rulemaking, promulgate any
other final regulations necessary to implement the
requirements of this section. In promulgating such
regulations, the Secretary shall, to the extent
practicable, align the reporting requirements under
this section with the reporting requirements under
section 2799A-10.
``(c) Requirement to Provide Information to Participants or
Beneficiaries.--A group health plan, including with respect to group
health insurance coverage offered in connection with a group health
plan, upon request of a participant or beneficiary, shall provide to
such participant or beneficiary--
``(1) the summary document described in subsection
(b)(2)(B)(ii); and
``(2) the information described in subsection
(b)(2)(A)(i)(III) with respect to a claim made by or on behalf
of such participant or beneficiary.
``(d) Enforcement.--
``(1) In general.--The Secretary shall enforce this
section. The enforcement authority under this subsection shall
apply only with respect to group health plans (including group
health insurance coverage offered in connection with such a
plan) to which the requirements of subparts I and II of part A
and part D apply in accordance with section 2722, and with
respect to entities providing pharmacy benefit management
services on behalf of such plans and applicable entities
providing services on behalf of such plans.
``(2) Failure to provide information.--A group health plan,
a health insurance issuer offering group health insurance
coverage, an entity providing pharmacy benefit management
services on behalf of such a plan or issuer, or an applicable
entity providing services on behalf of such a plan or issuer
that violates subsection (a); an entity providing pharmacy
benefit management services on behalf of such a plan or issuer
that fails to provide the information required under subsection
(b); or a group health plan that fails to provide the
information required under subsection (c), shall be subject to
a civil monetary penalty in the amount of $10,000 for each day
during which such violation continues or such information is
not disclosed or reported.
``(3) False information.--A health insurance issuer, an
entity providing pharmacy benefit management services, or a
third party administrator providing services on behalf of such
issuer offered by a health insurance issuer that knowingly
provides false information under this section shall be subject
to a civil monetary penalty in an amount not to exceed $100,000
for each item of false information. Such civil monetary penalty
shall be in addition to other penalties as may be prescribed by
law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsections (a) and (b) and the
first sentence of subsection (c)(1) of such section shall apply
to civil monetary penalties under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under such section.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance with
a requirement of this section, for an entity in violation of
this section that has made a good-faith effort to comply with
the requirements in this section.
``(e) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan,
entity providing pharmacy benefit management services on behalf of a
group health plan or health insurance issuer, or other entity to
restrict disclosure to, or otherwise limit the access of, the Secretary
to a report described in subsection (b)(1) or information related to
compliance with subsections (a), (b), (c), or (d) by such issuer, plan,
or entity.
``(f) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization,
drug manufacturer, distributor, wholesaler, rebate
aggregator (or other purchasing entity designed to
aggregate rebates), or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer,
or any entity described in subparagraph (A); or
``(C) such other entity as the Secretary may
specify through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under common
ownership with an entity providing pharmacy benefit management
services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket costs
to the participant or beneficiary), or another analogous
compensation structure that the Secretary may specify through
regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health plan
or health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated before the application of rebates, fees,
alternative discounts, or other remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan or
health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the
meaning given such term in section 3(16)(B) of the Employee
Retirement Income Security Act of 1974.
``(7) Remuneration.--The term `remuneration' has the
meaning given such term by the Secretary through rulemaking,
which shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
(including group health insurance coverage offered in
connection with such a plan) established or maintained by a
single employer, with respect to a calendar year or a plan
year, as applicable, an employer who employed an average of at
least 100 employees on business days during the preceding
calendar year or plan year and who employs at least 1 employee
on the first day of the calendar year or plan year.
``(9) Specified large plan.--The term `specified large
plan' means a group health plan (including group health
insurance coverage offered in connection with such a plan)
established or maintained by a plan sponsor described in clause
(ii) or (iii) of section 3(16)(B) of the Employee Retirement
Income Security Act of 1974 that had an average of at least 100
participants on business days during the preceding calendar
year or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act.''; and
(2) in section 2723 (42 U.S.C. 300gg-22)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(other
than section 2799A-11)'' after ``part D''; and
(ii) in paragraph (2), by inserting
``(other than section 2799A-11)'' after ``part
D''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``(other
than section 2799A-11)'' after ``part D'';
(ii) in paragraph (2)(A), by inserting
``(other than section 2799A-11)'' after ``part
D''; and
(iii) in paragraph (2)(C)(ii), by inserting
``(other than section 2799A-11)'' after ``part
D''.
(b) Employee Retirement Income Security Act of 1974.--
(1) In general.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.)
is amended--
(A) in subpart B of part 7 (29 U.S.C. 1185 et
seq.), by adding at the end the following:
``SEC. 726. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after the date
that is 30 months after the date of enactment of this section (referred
to in this subsection and subsection (b) as the `effective date'), a
group health plan or a health insurance issuer offering group health
insurance coverage, or an entity providing pharmacy benefit management
services on behalf of such a plan or issuer, shall not enter into a
contract, including an extension or renewal of a contract, entered into
on or after the effective date, with an applicable entity unless such
applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan (including such a plan offered through a
health insurance issuer) in such a manner that prevents an
entity providing pharmacy benefit management services on behalf
of a group health plan or health insurance issuer offering
group health insurance coverage from making the reports
described in subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan or health
insurance issuer relevant information necessary to make the
reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after the
effective date, in the case of any contract between a group
health plan or a health insurance issuer offering group health
insurance coverage offered in connection with such a plan and
an entity providing pharmacy benefit management services on
behalf of such plan or issuer, including an extension or
renewal of such a contract, entered into on or after the
effective date, the entity providing pharmacy benefit
management services on behalf of such a group health plan or
health insurance issuer, not less frequently than every 6
months (or, at the request of a group health plan, not less
frequently than quarterly, and under the same conditions,
terms, and cost of the semiannual report under this
subsection), shall submit to the group health plan a report in
accordance with this section. Each such report shall be made
available to such group health plan in plain language, in a
machine-readable format, and as the Secretary may determine,
other formats. Each such report shall include the information
described in paragraph (2).
``(2) Information described.--For purposes of paragraph
(1), the information described in this paragraph is, with
respect to drugs covered by a group health plan or group health
insurance coverage offered by a health insurance issuer in
connection with a group health plan during each reporting
period--
``(A) in the case of a group health plan that is
offered by a specified large employer or that is a
specified large plan, and is not offered as health
insurance coverage, or in the case of health insurance
coverage for which the election under paragraph (3) is
made for the applicable reporting period--
``(i) a list of drugs for which a claim was
filed and, with respect to each such drug on
such list--
``(I) the contracted compensation
paid by the group health plan or health
insurance issuer for each covered drug
(identified by the National Drug Code)
to the entity providing pharmacy
benefit management services or other
applicable entity on behalf of the
group health plan or health insurance
issuer;
``(II) the contracted compensation
paid to the pharmacy, by any entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan or
health insurance issuer, for each
covered drug (identified by the
National Drug Code);
``(III) for each such claim, the
difference between the amount paid
under subclause (I) and the amount paid
under subclause (II);
``(IV) the proprietary name,
established name or proper name, and
National Drug Code;
``(V) for each claim for the drug
(including original prescriptions and
refills) and for each dosage unit of
the drug for which a claim was filed,
the type of dispensing channel used to
furnish the drug, including retail,
mail order, or specialty pharmacy;
``(VI) with respect to each drug
dispensed, for each type of dispensing
channel (including retail, mail order,
or specialty pharmacy)--
``(aa) whether such drug is
a brand name drug or a generic
drug, and--
``(AA) in the case
of a brand name drug,
the wholesale
acquisition cost,
listed as cost per days
supply and cost per
dosage unit, on the
date such drug was
dispensed; and
``(BB) in the case
of a generic drug, the
average wholesale
price, listed as cost
per days supply and
cost per dosage unit,
on the date such drug
was dispensed; and
``(bb) the total number
of--
``(AA) prescription
claims (including
original prescriptions
and refills);
``(BB) participants
and beneficiaries for
whom a claim for such
drug was filed through
the applicable
dispensing channel;
``(CC) dosage units
and dosage units per
fill of such drug; and
``(DD) days supply
of such drug per fill;
``(VII) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply to the plan
or coverage after rebates, fees,
alternative discounts, or other
remuneration received from applicable
entities;
``(VIII) the total amount of out-
of-pocket spending by participants and
beneficiaries on such drug, including
spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage,
or for which no claim is submitted
under the plan or coverage;
``(IX) the total net spending on
the drug;
``(X) the total amount received, or
expected to be received, by the plan or
issuer from any applicable entity in
rebates, fees, alternative discounts,
or other remuneration;
``(XI) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible,
information on the total amount of
remuneration for such drug, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer), to the participants
and beneficiaries enrolled in such plan
or coverage;
``(ii) a list of each therapeutic class (as
defined by the Secretary) for which a claim was
filed under the group health plan or health
insurance coverage during the reporting period,
and, with respect to each such therapeutic
class--
``(I) the total gross spending on
drugs in such class before rebates,
price concessions, alternative
discounts, or other remuneration from
applicable entities;
``(II) the net spending in such
class after such rebates, price
concessions, alternative discounts, or
other remuneration from applicable
entities;
``(III) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of drugs or drug
spending;
``(IV) the average net spending per
30-day supply and per 90-day supply by
the plan or by the issuer with respect
to such coverage and its participants
and beneficiaries, among all drugs
within the therapeutic class for which
a claim was filed during the reporting
period;
``(V) the number of participants
and beneficiaries who filled a
prescription for a drug in such class,
including the National Drug Code for
each such drug;
``(VI) if applicable, a description
of the formulary tiers and utilization
mechanisms (such as prior authorization
or step therapy) employed for drugs in
that class; and
``(VII) the total out-of-pocket
spending under the plan or coverage by
participants and beneficiaries,
including spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage
or for which no claim is submitted
under the plan or coverage;
``(iii) with respect to any drug for which
gross spending under the group health plan or
health insurance coverage exceeded $10,000
during the reporting period or, in the case
that gross spending under the group health plan
or coverage exceeded $10,000 during the
reporting period with respect to fewer than 50
drugs, with respect to the 50 prescription
drugs with the highest spending during the
reporting period--
``(I) a list of all other drugs in
the same therapeutic class as such
drug;
``(II) if applicable, the rationale
for the formulary placement of such
drug in that therapeutic category or
class, selected from a list of standard
rationales established by the
Secretary, in consultation with
stakeholders; and
``(III) any change in formulary
placement compared to the prior plan
year; and
``(iv) in the case that such plan or issuer
(or an entity providing pharmacy benefit
management services on behalf of such plan or
issuer) has an affiliated pharmacy or pharmacy
under common ownership, including mandatory
mail and specialty home delivery programs,
retail and mail auto-refill programs, and cost
sharing assistance incentives funded by an
entity providing pharmacy benefit services--
``(I) an explanation of any benefit
design parameters that encourage or
require participants and beneficiaries
in the plan or coverage to fill
prescriptions at mail order, specialty,
or retail pharmacies;
``(II) the percentage of total
prescriptions dispensed by such
pharmacies to participants or
beneficiaries in such plan or coverage;
and
``(III) a list of all drugs
dispensed by such pharmacies to
participants or beneficiaries enrolled
in such plan or coverage, and, with
respect to each drug dispensed--
``(aa) the amount charged,
per dosage unit, per 30-day
supply, or per 90-day supply
(as applicable) to the plan or
issuer, and to participants and
beneficiaries;
``(bb) the median amount
charged to such plan or issuer,
and the interquartile range of
the costs, per dosage unit, per
30-day supply, and per 90-day
supply, including amounts paid
by the participants and
beneficiaries, when the same
drug is dispensed by other
pharmacies that are not
affiliated with or under common
ownership with the entity and
that are included in the
pharmacy network of such plan
or coverage;
``(cc) the lowest cost per
dosage unit, per 30-day supply
and per 90-day supply, for each
such drug, including amounts
charged to the plan or coverage
and to participants and
beneficiaries, that is
available from any pharmacy
included in the network of such
plan or coverage; and
``(dd) the net acquisition
cost per dosage unit, per 30-
day supply, and per 90-day
supply, if such drug is subject
to a maximum price discount;
and
``(B) with respect to any group health plan,
including group health insurance coverage offered in
connection with such a plan, regardless of whether the
plan or coverage is offered by a specified large
employer or whether it is a specified large plan--
``(i) a summary document for the group
health plan that includes such information
described in clauses (i) through (iv) of
subparagraph (A), as specified by the Secretary
through guidance, program instruction, or
otherwise (with no requirement of notice and
comment rulemaking), that the Secretary
determines useful to group health plans for
purposes of selecting pharmacy benefit
management services, such as an estimated net
price to group health plan and participant or
beneficiary, a cost per claim, the fee
structure or reimbursement model, and estimated
cost per participant or beneficiary;
``(ii) a summary document for plans and
issuers to provide to participants and
beneficiaries, which shall be made available to
participants or beneficiaries upon request to
their group health plan (including in the case
of group health insurance coverage offered in
connection with such a plan), that--
``(I) contains such information
described in clauses (iii), (iv), (v),
and (vi), as applicable, as specified
by the Secretary through guidance,
program instruction, or otherwise (with
no requirement of notice and comment
rulemaking) that the Secretary
determines useful to participants or
beneficiaries in better understanding
the plan or coverage or benefits under
such plan or coverage;
``(II) contains only aggregate
information; and
``(III) states that participants
and beneficiaries may request specific,
claims-level information required to be
furnished under subsection (c) from the
group health plan or health insurance
issuer; and
``(iii) with respect to drugs covered by
such plan or coverage during such reporting
period--
``(I) the total net spending by the
plan or coverage for all such drugs;
``(II) the total amount received,
or expected to be received, by the plan
or issuer from any applicable entity in
rebates, fees, alternative discounts,
or other remuneration; and
``(III) to the extent feasible,
information on the total amount of
remuneration for such drugs, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer) to participants and
beneficiaries;
``(iv) amounts paid directly or indirectly
in rebates, fees, or any other type of
compensation (as defined in section
408(b)(2)(B)(ii)(dd)(AA)) to brokerage firms,
brokers, consultants, advisors, or any other
individual or firm, for--
``(I) the referral of the group
health plan's or health insurance
issuer's business to an entity
providing pharmacy benefit management
services, including the identity of the
recipient of such amounts;
``(II) consideration of the entity
providing pharmacy benefit management
services by the group health plan or
health insurance issuer; or
``(III) the retention of the entity
by the group health plan or health
insurance issuer;
``(v) an explanation of any benefit design
parameters that encourage or require
participants and beneficiaries in such plan or
coverage to fill prescriptions at mail order,
specialty, or retail pharmacies that are
affiliated with or under common ownership with
the entity providing pharmacy benefit
management services under such plan or
coverage, including mandatory mail and
specialty home delivery programs, retail and
mail auto-refill programs, and cost-sharing
assistance incentives directly or indirectly
funded by such entity; and
``(vi) total gross spending on all drugs
under the plan or coverage during the reporting
period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large plan.--
In the case of group health insurance coverage offered in
connection with a group health plan that is offered by a
specified large employer or is a specified large plan, such
group health plan may, on an annual basis, for plan years
beginning on or after the date that is 30 months after the date
of enactment of this section, elect to require an entity
providing pharmacy benefit management services on behalf of the
health insurance issuer to submit to such group health plan a
report that includes all of the information described in
paragraph (2)(A), in addition to the information described in
paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy
benefit management services on behalf of a group health
plan or a health insurance issuer offering group health
insurance coverage shall report information under
paragraph (1) in a manner consistent with the privacy
regulations promulgated under section 13402(a) of the
Health Information Technology for Economic and Clinical
Health Act (42 U.S.C. 17932(a)) and consistent with the
privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 in
part 160 and subparts A and E of part 164 of title 45,
Code of Federal Regulations (or successor regulations)
(referred to in this paragraph as the `HIPAA privacy
regulations') and shall restrict the use and disclosure
of such information according to such privacy
regulations and such HIPAA privacy regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing
pharmacy benefit management services on behalf
of a group health plan or health insurance
issuer offering group health insurance coverage
that submits a report under paragraph (1) shall
ensure that such report contains only summary
health information, as defined in section
164.504(a) of title 45, Code of Federal
Regulations (or successor regulations).
``(ii) Restrictions.--In carrying out this
subsection, a group health plan shall comply
with section 164.504(f) of title 45, Code of
Federal Regulations (or a successor
regulation), and a plan sponsor shall act in
accordance with the terms of the agreement
described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be
construed to modify the requirements for the
creation, receipt, maintenance, or transmission
of protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be
construed to affect the application of any
Federal or State privacy or civil rights law,
including the HIPAA privacy regulations, the
Genetic Information Nondiscrimination Act of
2008 (Public Law 110-233) (including the
amendments made by such Act), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et sec), section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), section 1557 of the
Patient Protection and Affordable Care Act (42
U.S.C. 18116), title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d), and title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health
plans, including with respect to group health insurance
coverage offered in connection with a group health
plan, shall provide to each participant or beneficiary
written notice informing the participant or beneficiary
of the requirement for entities providing pharmacy
benefit management services on behalf of the group
health plan or health insurance issuer offering group
health insurance coverage to submit reports to group
health plans under paragraph (1), as applicable, which
may include incorporating such notification in plan
documents provided to the participant or beneficiary,
or providing individual notification.
``(E) Limitation to business associates.--A group
health plan receiving a report under paragraph (1) may
disclose such information only to the entity from which
the report was received or to that entity's business
associates as defined in section 160.103 of title 45,
Code of Federal Regulations (or successor regulations)
or as permitted by the HIPAA privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an
entity providing pharmacy benefit management services
on behalf of a group health plan or health insurance
issuer offering group health insurance coverage, from
placing reasonable restrictions on the public
disclosure of the information contained in a report
described in paragraph (1), except that such plan,
issuer, or entity may not--
``(i) restrict disclosure of such report to
the Department of Health and Human Services,
the Department of Labor, or the Department of
the Treasury; or
``(ii) prevent disclosure for the purposes
of subsection (c), or any other public
disclosure requirement under this section.
``(G) Limited form of report.--The Secretary shall
define through rulemaking a limited form of the report
under paragraph (1) required with respect to any group
health plan established by a plan sponsor that is, or
is affiliated with, a drug manufacturer, drug
wholesaler, or other direct participant in the drug
supply chain, in order to prevent anti-competitive
behavior.
``(5) Standard format and regulations.--
``(A) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary
shall specify through rulemaking a standard format for
entities providing pharmacy benefit management services
on behalf of group health plans and health insurance
issuers offering group health insurance coverage, to
submit reports required under paragraph (1).
``(B) Additional regulations.--Not later than 18
months after the date of enactment of this section, the
Secretary shall, through rulemaking, promulgate any
other final regulations necessary to implement the
requirements of this section. In promulgating such
regulations, the Secretary shall, to the extent
practicable, align the reporting requirements under
this section with the reporting requirements under
section 725.
``(c) Requirement to Provide Information to Participants or
Beneficiaries.--A group health plan, including with respect to group
health insurance coverage offered in connection with a group health
plan, upon request of a participant or beneficiary, shall provide to
such participant or beneficiary--
``(1) the summary document described in subsection
(b)(2)(B)(ii); and
``(2) the information described in subsection
(b)(2)(A)(i)(III) with respect to a claim made by or on behalf
of such participant or beneficiary.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan,
entity providing pharmacy benefit management services on behalf of a
group health plan or health insurance issuer, or other entity to
restrict disclosure to, or otherwise limit the access of, the Secretary
to a report described in subsection (b)(1) or information related to
compliance with subsections (a), (b), or (c) of this section or section
502(c)(13) by such issuer, plan, or entity.
``(e) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization,
drug manufacturer, distributor, wholesaler, rebate
aggregator (or other purchasing entity designed to
aggregate rebates), or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer,
or any entity described in subparagraph (A); or
``(C) such other entity as the Secretary may
specify through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under common
ownership with an entity providing pharmacy benefit management
services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket costs
to the participant or beneficiary), or another analogous
compensation structure that the Secretary may specify through
regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health plan
or health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated before the application of rebates, fees,
alternative discounts, or other remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan or
health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the
meaning given such term in section 3(16)(B).
``(7) Remuneration.--The term `remuneration' has the
meaning given such term by the Secretary through rulemaking,
which shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
(including group health insurance coverage offered in
connection with such a plan) established or maintained by a
single employer, with respect to a calendar year or a plan
year, as applicable, an employer who employed an average of at
least 100 employees on business days during the preceding
calendar year or plan year and who employs at least 1 employee
on the first day of the calendar year or plan year.
``(9) Specified large plan.--The term `specified large
plan' means a group health plan (including group health
insurance coverage offered in connection with such a plan)
established or maintained by a plan sponsor described in clause
(ii) or (iii) of section 3(16)(B) that had an average of at
least 100 participants on business days during the preceding
calendar year or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).'';
(B) in section 502 (29 U.S.C. 1132)--
(i) in subsection (a)(6), by striking ``or
(9)'' and inserting ``(9), or (13)'';
(ii) in subsection (b)(3), by striking
``under subsection (c)(9)'' and inserting
``under paragraphs (9) and (13) of subsection
(c)''; and
(iii) in subsection (c), by adding at the
end the following:
``(13) Secretarial enforcement authority relating to
oversight of pharmacy benefit management services.--
``(A) Failure to provide information.--The
Secretary may impose a penalty against a plan
administrator of a group health plan, a health
insurance issuer offering group health insurance
coverage, or an entity providing pharmacy benefit
management services on behalf of such a plan or issuer,
or an applicable entity (as defined in section 726(f))
that violates section 726(a); an entity providing
pharmacy benefit management services on behalf of such
a plan or issuer that fails to provide the information
required under section 726(b); or any person who causes
a group health plan to fail to provide the information
required under section 726(c), in the amount of $10,000
for each day during which such violation continues or
such information is not disclosed or reported.
``(B) False information.--The Secretary may impose
a penalty against a plan administrator of a group
health plan, a health insurance issuer offering group
health insurance coverage, an entity providing pharmacy
benefit management services, or an applicable entity
(as defined in section 726(f)) that knowingly provides
false information under section 726, in an amount not
to exceed $100,000 for each item of false information.
Such penalty shall be in addition to other penalties as
may be prescribed by law.
``(C) Waivers.--The Secretary may waive penalties
under subparagraph (A), or extend the period of time
for compliance with a requirement of this section, for
an entity in violation of section 726 that has made a
good-faith effort to comply with the requirements of
section 726.''; and
(C) in section 732(a) (29 U.S.C. 1191a(a)), by
striking ``section 711'' and inserting ``sections 711
and 726''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 725 the following new item:
``Sec. 726. Oversight of entities that provide pharmacy benefit
management services.''.
(c) Internal Revenue Code of 1986.--
(1) In general.--Chapter 100 of the Internal Revenue Code
of 1986 is amended--
(A) by adding at the end of subchapter B the
following:
``SEC. 9826. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after the date
that is 30 months after the date of enactment of this section (referred
to in this subsection and subsection (b) as the `effective date'), a
group health plan, or an entity providing pharmacy benefit management
services on behalf of such a plan, shall not enter into a contract,
including an extension or renewal of a contract, entered into on or
after the effective date, with an applicable entity unless such
applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan in such a manner that prevents an entity
providing pharmacy benefit management services on behalf of a
group health plan from making the reports described in
subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan relevant
information necessary to make the reports described in
subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after the
effective date, in the case of any contract between a group
health plan and an entity providing pharmacy benefit management
services on behalf of such plan, including an extension or
renewal of such a contract, entered into on or after the
effective date, the entity providing pharmacy benefit
management services on behalf of such a group health plan, not
less frequently than every 6 months (or, at the request of a
group health plan, not less frequently than quarterly, and
under the same conditions, terms, and cost of the semiannual
report under this subsection), shall submit to the group health
plan a report in accordance with this section. Each such report
shall be made available to such group health plan in plain
language, in a machine-readable format, and as the Secretary
may determine, other formats. Each such report shall include
the information described in paragraph (2).
``(2) Information described.--For purposes of paragraph
(1), the information described in this paragraph is, with
respect to drugs covered by a group health plan during each
reporting period--
``(A) in the case of a group health plan that is
offered by a specified large employer or that is a
specified large plan, and is not offered as health
insurance coverage, or in the case of health insurance
coverage for which the election under paragraph (3) is
made for the applicable reporting period--
``(i) a list of drugs for which a claim was
filed and, with respect to each such drug on
such list--
``(I) the contracted compensation
paid by the group health plan for each
covered drug (identified by the
National Drug Code) to the entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan;
``(II) the contracted compensation
paid to the pharmacy, by any entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan, for
each covered drug (identified by the
National Drug Code);
``(III) for each such claim, the
difference between the amount paid
under subclause (I) and the amount paid
under subclause (II);
``(IV) the proprietary name,
established name or proper name, and
National Drug Code;
``(V) for each claim for the drug
(including original prescriptions and
refills) and for each dosage unit of
the drug for which a claim was filed,
the type of dispensing channel used to
furnish the drug, including retail,
mail order, or specialty pharmacy;
``(VI) with respect to each drug
dispensed, for each type of dispensing
channel (including retail, mail order,
or specialty pharmacy)--
``(aa) whether such drug is
a brand name drug or a generic
drug, and--
``(AA) in the case
of a brand name drug,
the wholesale
acquisition cost,
listed as cost per days
supply and cost per
dosage unit, on the
date such drug was
dispensed; and
``(BB) in the case
of a generic drug, the
average wholesale
price, listed as cost
per days supply and
cost per dosage unit,
on the date such drug
was dispensed; and
``(bb) the total number
of--
``(AA) prescription
claims (including
original prescriptions
and refills);
``(BB) participants
and beneficiaries for
whom a claim for such
drug was filed through
the applicable
dispensing channel;
``(CC) dosage units
and dosage units per
fill of such drug; and
``(DD) days supply
of such drug per fill;
``(VII) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply to the plan
after rebates, fees, alternative
discounts, or other remuneration
received from applicable entities;
``(VIII) the total amount of out-
of-pocket spending by participants and
beneficiaries on such drug, including
spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan, or for
which no claim is submitted under the
plan;
``(IX) the total net spending on
the drug;
``(X) the total amount received, or
expected to be received, by the plan
from any applicable entity in rebates,
fees, alternative discounts, or other
remuneration;
``(XI) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible,
information on the total amount of
remuneration for such drug, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer), to the participants
and beneficiaries enrolled in such
plan;
``(ii) a list of each therapeutic class (as
defined by the Secretary) for which a claim was
filed under the group health plan during the
reporting period, and, with respect to each
such therapeutic class--
``(I) the total gross spending on
drugs in such class before rebates,
price concessions, alternative
discounts, or other remuneration from
applicable entities;
``(II) the net spending in such
class after such rebates, price
concessions, alternative discounts, or
other remuneration from applicable
entities;
``(III) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of drugs or drug
spending;
``(IV) the average net spending per
30-day supply and per 90-day supply by
the plan and its participants and
beneficiaries, among all drugs within
the therapeutic class for which a claim
was filed during the reporting period;
``(V) the number of participants
and beneficiaries who filled a
prescription for a drug in such class,
including the National Drug Code for
each such drug;
``(VI) if applicable, a description
of the formulary tiers and utilization
mechanisms (such as prior authorization
or step therapy) employed for drugs in
that class; and
``(VII) the total out-of-pocket
spending under the plan by participants
and beneficiaries, including spending
through copayments, coinsurance, and
deductibles, but not including any
amounts spent by participants and
beneficiaries on drugs not covered
under the plan or for which no claim is
submitted under the plan;
``(iii) with respect to any drug for which
gross spending under the group health plan
exceeded $10,000 during the reporting period
or, in the case that gross spending under the
group health plan exceeded $10,000 during the
reporting period with respect to fewer than 50
drugs, with respect to the 50 prescription
drugs with the highest spending during the
reporting period--
``(I) a list of all other drugs in
the same therapeutic class as such
drug;
``(II) if applicable, the rationale
for the formulary placement of such
drug in that therapeutic category or
class, selected from a list of standard
rationales established by the
Secretary, in consultation with
stakeholders; and
``(III) any change in formulary
placement compared to the prior plan
year; and
``(iv) in the case that such plan (or an
entity providing pharmacy benefit management
services on behalf of such plan) has an
affiliated pharmacy or pharmacy under common
ownership, including mandatory mail and
specialty home delivery programs, retail and
mail auto-refill programs, and cost sharing
assistance incentives funded by an entity
providing pharmacy benefit services--
``(I) an explanation of any benefit
design parameters that encourage or
require participants and beneficiaries
in the plan to fill prescriptions at
mail order, specialty, or retail
pharmacies;
``(II) the percentage of total
prescriptions dispensed by such
pharmacies to participants or
beneficiaries in such plan; and
``(III) a list of all drugs
dispensed by such pharmacies to
participants or beneficiaries enrolled
in such plan, and, with respect to each
drug dispensed--
``(aa) the amount charged,
per dosage unit, per 30-day
supply, or per 90-day supply
(as applicable) to the plan,
and to participants and
beneficiaries;
``(bb) the median amount
charged to such plan, and the
interquartile range of the
costs, per dosage unit, per 30-
day supply, and per 90-day
supply, including amounts paid
by the participants and
beneficiaries, when the same
drug is dispensed by other
pharmacies that are not
affiliated with or under common
ownership with the entity and
that are included in the
pharmacy network of such plan;
``(cc) the lowest cost per
dosage unit, per 30-day supply
and per 90-day supply, for each
such drug, including amounts
charged to the plan and to
participants and beneficiaries,
that is available from any
pharmacy included in the
network of such plan; and
``(dd) the net acquisition
cost per dosage unit, per 30-
day supply, and per 90-day
supply, if such drug is subject
to a maximum price discount;
and
``(B) with respect to any group health plan,
regardless of whether the plan is offered by a
specified large employer or whether it is a specified
large plan--
``(i) a summary document for the group
health plan that includes such information
described in clauses (i) through (iv) of
subparagraph (A), as specified by the Secretary
through guidance, program instruction, or
otherwise (with no requirement of notice and
comment rulemaking), that the Secretary
determines useful to group health plans for
purposes of selecting pharmacy benefit
management services, such as an estimated net
price to group health plan and participant or
beneficiary, a cost per claim, the fee
structure or reimbursement model, and estimated
cost per participant or beneficiary;
``(ii) a summary document for plans to
provide to participants and beneficiaries,
which shall be made available to participants
or beneficiaries upon request to their group
health plan, that--
``(I) contains such information
described in clauses (iii), (iv), (v),
and (vi), as applicable, as specified
by the Secretary through guidance,
program instruction, or otherwise (with
no requirement of notice and comment
rulemaking) that the Secretary
determines useful to participants or
beneficiaries in better understanding
the plan or benefits under such plan;
``(II) contains only aggregate
information; and
``(III) states that participants
and beneficiaries may request specific,
claims-level information required to be
furnished under subsection (c) from the
group health plan; and
``(iii) with respect to drugs covered by
such plan during such reporting period--
``(I) the total net spending by the
plan for all such drugs;
``(II) the total amount received,
or expected to be received, by the plan
from any applicable entity in rebates,
fees, alternative discounts, or other
remuneration; and
``(III) to the extent feasible,
information on the total amount of
remuneration for such drugs, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer) to participants and
beneficiaries;
``(iv) amounts paid directly or indirectly
in rebates, fees, or any other type of
compensation (as defined in section
408(b)(2)(B)(ii)(dd)(AA) of the Employee
Retirement Income Security Act (29 U.S.C.
1108(b)(2)(B)(ii)(dd)(AA))) to brokerage firms,
brokers, consultants, advisors, or any other
individual or firm, for--
``(I) the referral of the group
health plan's business to an entity
providing pharmacy benefit management
services, including the identity of the
recipient of such amounts;
``(II) consideration of the entity
providing pharmacy benefit management
services by the group health plan; or
``(III) the retention of the entity
by the group health plan;
``(v) an explanation of any benefit design
parameters that encourage or require
participants and beneficiaries in such plan to
fill prescriptions at mail order, specialty, or
retail pharmacies that are affiliated with or
under common ownership with the entity
providing pharmacy benefit management services
under such plan, including mandatory mail and
specialty home delivery programs, retail and
mail auto-refill programs, and cost-sharing
assistance incentives directly or indirectly
funded by such entity; and
``(vi) total gross spending on all drugs
under the plan during the reporting period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large plan.--
In the case of group health insurance coverage offered in
connection with a group health plan that is offered by a
specified large employer or is a specified large plan, such
group health plan may, on an annual basis, for plan years
beginning on or after the date that is 30 months after the date
of enactment of this section, elect to require an entity
providing pharmacy benefit management services on behalf of the
health insurance issuer to submit to such group health plan a
report that includes all of the information described in
paragraph (2)(A), in addition to the information described in
paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy
benefit management services on behalf of a group health
plan shall report information under paragraph (1) in a
manner consistent with the privacy regulations
promulgated under section 13402(a) of the Health
Information Technology for Economic and Clinical Health
Act (42 U.S.C. 17932(a)) and consistent with the
privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 in
part 160 and subparts A and E of part 164 of title 45,
Code of Federal Regulations (or successor regulations)
(referred to in this paragraph as the `HIPAA privacy
regulations') and shall restrict the use and disclosure
of such information according to such privacy
regulations and such HIPAA privacy regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing
pharmacy benefit management services on behalf
of a group health plan that submits a report
under paragraph (1) shall ensure that such
report contains only summary health
information, as defined in section 164.504(a)
of title 45, Code of Federal Regulations (or
successor regulations).
``(ii) Restrictions.--In carrying out this
subsection, a group health plan shall comply
with section 164.504(f) of title 45, Code of
Federal Regulations (or a successor
regulation), and a plan sponsor shall act in
accordance with the terms of the agreement
described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be
construed to modify the requirements for the
creation, receipt, maintenance, or transmission
of protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be
construed to affect the application of any
Federal or State privacy or civil rights law,
including the HIPAA privacy regulations, the
Genetic Information Nondiscrimination Act of
2008 (Public Law 110-233) (including the
amendments made by such Act), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et sec), section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), section 1557 of the
Patient Protection and Affordable Care Act (42
U.S.C. 18116), title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d), and title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health
plans shall provide to each participant or beneficiary
written notice informing the participant or beneficiary
of the requirement for entities providing pharmacy
benefit management services on behalf of the group
health plan to submit reports to group health plans
under paragraph (1), as applicable, which may include
incorporating such notification in plan documents
provided to the participant or beneficiary, or
providing individual notification.
``(E) Limitation to business associates.--A group
health plan receiving a report under paragraph (1) may
disclose such information only to the entity from which
the report was received or to that entity's business
associates as defined in section 160.103 of title 45,
Code of Federal Regulations (or successor regulations)
or as permitted by the HIPAA privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an
entity providing pharmacy benefit management services
on behalf of a group health plan, from placing
reasonable restrictions on the public disclosure of the
information contained in a report described in
paragraph (1), except that such plan or entity may
not--
``(i) restrict disclosure of such report to
the Department of Health and Human Services,
the Department of Labor, or the Department of
the Treasury; or
``(ii) prevent disclosure for the purposes
of subsection (c), or any other public
disclosure requirement under this section.
``(G) Limited form of report.--The Secretary shall
define through rulemaking a limited form of the report
under paragraph (1) required with respect to any group
health plan established by a plan sponsor that is, or
is affiliated with, a drug manufacturer, drug
wholesaler, or other direct participant in the drug
supply chain, in order to prevent anti-competitive
behavior.
``(5) Standard format and regulations.--
``(A) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary
shall specify through rulemaking a standard format for
entities providing pharmacy benefit management services
on behalf of group health plans, to submit reports
required under paragraph (1).
``(B) Additional regulations.--Not later than 18
months after the date of enactment of this section, the
Secretary shall, through rulemaking, promulgate any
other final regulations necessary to implement the
requirements of this section. In promulgating such
regulations, the Secretary shall, to the extent
practicable, align the reporting requirements under
this section with the reporting requirements under
section 9825.
``(c) Requirement to Provide Information to Participants or
Beneficiaries.--A group health plan, upon request of a participant or
beneficiary, shall provide to such participant or beneficiary--
``(1) the summary document described in subsection
(b)(2)(B)(ii); and
``(2) the information described in subsection
(b)(2)(A)(i)(III) with respect to a claim made by or on behalf
of such participant or beneficiary.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan,
entity providing pharmacy benefit management services on behalf of a
group health plan or health insurance issuer, or other entity to
restrict disclosure to, or otherwise limit the access of, the Secretary
to a report described in subsection (b)(1) or information related to
compliance with subsections (a), (b), or (c) of this section or section
4980D(g) by such issuer, plan, or entity.
``(e) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization,
drug manufacturer, distributor, wholesaler, rebate
aggregator (or other purchasing entity designed to
aggregate rebates), or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer,
or any entity described in subparagraph (A); or
``(C) such other entity as the Secretary may
specify through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under common
ownership with an entity providing pharmacy benefit management
services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket costs
to the participant or beneficiary), or another analogous
compensation structure that the Secretary may specify through
regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health
plan, means the amount spent by a group health plan on
prescription drug benefits, calculated before the application
of rebates, fees, alternative discounts, or other remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan, means
the amount spent by a group health plan on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the
meaning given such term in section 3(16)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)).
``(7) Remuneration.--The term `remuneration' has the
meaning given such term by the Secretary, through rulemaking,
which shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
established or maintained by a single employer, with respect to
a calendar year or a plan year, as applicable, an employer who
employed an average of at least 100 employees on business days
during the preceding calendar year or plan year and who employs
at least 1 employee on the first day of the calendar year or
plan year.
``(9) Specified large plan.--The term `specified large
plan' means a group health plan established or maintained by a
plan sponsor described in clause (ii) or (iii) of section
3(16)(B) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002(16)(B)) that had an average of at least 100
participants on business days during the preceding calendar
year or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).'';
(2) Exception for certain group health plans.--Section
9831(a)(2) of the Internal Revenue Code of 1986 is amended by
inserting ``other than with respect to section 9826,'' before
``any group health plan''.
(3) Enforcement.--Section 4980D of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(g) Application to Requirements Imposed on Certain Entities
Providing Pharmacy Benefit Management Services.--In the case of any
requirement under section 9826 that applies with respect to an entity
providing pharmacy benefit management services on behalf of a group
health plan, any reference in this section to such group health plan
(and the reference in subsection (e)(1) to the employer) shall be
treated as including a reference to such entity.''.
(4) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 9826. Oversight of entities that provide pharmacy benefit
management services.''.
SEC. 902. FULL REBATE PASS THROUGH TO PLAN; EXCEPTION FOR INNOCENT PLAN
FIDUCIARIES.
(a) In General.--Section 408(b)(2) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1108(b)(2)) is amended--
(1) in subparagraph (B)(viii)--
(A) by redesignating subclauses (II) through (IV)
as subclauses (III) through (V), respectively;
(B) in subclause (I)--
(i) by striking ``subclause (II)'' and
inserting ``subclause (III)''; and
(ii) by striking ``subclauses (II) and
(III)'' and inserting ``subclauses (III) and
(IV)''; and
(C) by inserting after subclause (I) the following:
``(II) Pursuant to subsection (a), subparagraphs (C) and
(D) of section 406(a)(1) shall not apply to a responsible plan
fiduciary, notwithstanding any failure to remit required
amounts under subparagraph (C)(i), if the following conditions
are met:
``(aa) The responsible plan fiduciary did not know
that the covered service provider failed or would fail
to make required remittances and reasonably believed
that the covered service provider remitted such
required amounts.
``(bb) The responsible plan fiduciary, upon
discovering that the covered service provider failed to
remit the required amounts, requests in writing that
the covered service provider remit such amounts.
``(cc) If the covered service provider fails to
comply with a written request described in subclause
(III) within 90 days of the request, the responsible
plan fiduciary notifies the Secretary of the covered
service provider's failure, in accordance with
subclauses (III) and (IV).''; and
(2) by adding at the end the following:
``(C)(i)(I) For plan years beginning on or after the date
that is 30 months after the date of enactment of this
subparagraph (referred to in this clause as the `effective
date'), no contract or arrangement or renewal or extension of a
contract or arrangement, entered into on or after the effective
date, for services between a covered plan and a covered service
provider, through a health insurance issuer offering group
health insurance coverage, a third party administrator, an
entity providing pharmacy benefit management services, or other
entity, for pharmacy benefit management services, is reasonable
within the meaning of this paragraph unless such entity
providing pharmacy benefit management services--
``(aa) remits 100 percent of rebates, fees,
alternative discounts, and other remuneration received
from any applicable entity that are related to
utilization of drugs or drug spending under such health
plan or health insurance coverage, to the group health
plan or health insurance issuer offering group health
insurance coverage; and
``(bb) does not enter into any contract for
pharmacy benefit management services on behalf of such
a plan or coverage, with an applicable entity unless
100 percent of rebates, fees, alternative discounts,
and other remuneration received under such contract
that are related to the utilization of drugs or drug
spending under such group health plan or health
insurance coverage are remitted to the group health
plan or health insurance issuer by the entity providing
pharmacy benefit management services.
``(II) Nothing in subclause (I) shall be construed to
affect the term of a contract or arrangement, as in effect on
the effective date (as described in such subclause), except
that such subclause shall apply to any renewal or extension of
such a contract or arrangement entered into on or after such
effective date, as so described.
``(ii) With respect to such rebates, fees, alternative
discounts, and other remuneration--
``(I) the rebates, fees, alternative discounts, and
other remuneration under clause (i)(I) shall be--
``(aa) remitted--
``(AA) on a quarterly basis, to the
group health plan or the group health
insurance issuer, not later than 90
days after the end of each quarter; or
``(BB) in the case of an
underpayment in a remittance for a
prior quarter, as soon as practicable,
but not later than 90 days after notice
of the underpayment is first given;
``(bb) fully disclosed and enumerated to
the group health plan or health insurance
issuer; and
``(cc) returned to the covered service
provider for pharmacy benefit management
services on behalf of the group health plan if
any audit by a plan sponsor, issuer or a third
party designated by a plan sponsor, indicates
that the amounts received are incorrect after
such amounts have been paid to the group health
plan or health insurance issuer;
``(II) the Secretary may establish procedures for
the remittance of rebates fees, alternative discounts,
and other remuneration under subclause (I)(aa) and the
disclosure of rebates, fees, alternative discounts, and
other remuneration under subclause (I)(bb); and
``(III) the records of such rebates, fees,
alternative discounts, and other remuneration shall be
available for audit by the plan sponsor, issuer, or a
third party designated by a plan sponsor, not less than
once per plan year.
``(iii) To ensure that an entity providing pharmacy benefit
management services is able to meet the requirements of clause
(ii)(I), a rebate aggregator (or other purchasing entity
designed to aggregate rebates) and an applicable group
purchasing organization shall remit such rebates to the entity
providing pharmacy benefit management services not later than
45 days after the end of each quarter.
``(iv) A third-party administrator of a group health plan,
a health insurance issuer offering group health insurance
coverage, or a covered service provider for pharmacy benefit
management services under such health plan or health insurance
coverage shall make rebate contracts with rebate aggregators or
drug manufacturers available for audit by such plan sponsor or
designated third party, subject to reasonable restrictions (as
determined by the Secretary) on confidentiality to prevent re-
disclosure of such contracts or use of such information in
audits for purposes unrelated to this section.
``(v) Audits carried out under clauses (ii)(III) and (iv)
shall be performed by an auditor selected by the responsible
plan fiduciary. Payment for such audits shall not be made,
whether directly or indirectly, by the entity providing
pharmacy benefit management services.
``(vi) Nothing in this subparagraph shall be construed to--
``(I) prohibit reasonable payments to entities
offering pharmacy benefit management services for bona
fide services using a fee structure not described in
this subparagraph, provided that such fees are
transparent and quantifiable to group health plans and
health insurance issuers;
``(II) require a third-party administrator of a
group health plan or covered service provider for
pharmacy benefit management services under such health
plan or health insurance coverage to remit bona fide
service fees to the group health plan;
``(III) limit the ability of a group health plan or
health insurance issuer to pass through rebates, fees,
alternative discounts, and other remuneration to the
participant or beneficiary; or
``(IV) modify the requirements for the creation,
receipt, maintenance, or transmission of protected
health information under the privacy regulations
promulgated under the Health Insurance Portability and
Accountability Act of 1996 in part 160 and subparts A
and E of part 164 of title 45, Code of Federal
Regulations (or successor regulations).
``(vii) For purposes of this subparagraph--
``(I) the terms `applicable entity' and `applicable
group purchasing organization' have the meanings given
such terms in section 726(e);
``(II) the terms `covered plan', `covered service
provider', and `responsible plan fiduciary' have the
meanings given such terms in subparagraph (B); and
``(III) the terms `group health insurance
coverage', `health insurance coverage', and `health
insurance issuer' have the meanings given such terms in
section 733.''.
(b) Rule of Construction.--Subclause (II)(aa) of section
408(b)(2)(B)(viii) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1108(b)(2)(B)(viii)), as amended by subsection (a),
shall not be construed to relieve or limit a responsible plan fiduciary
from the duty to monitor the practices of any covered service provider
that contracts with the applicable covered plan, including for the
purposes of ensuring the reasonableness of compensation. For purposes
of this subsection, the terms ``covered plan'', ``covered service
provider'', and ``responsible plan fiduciary'' have the meanings given
such terms in section 408(b)(2)(B)(ii) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)).
(c) Clarification of Covered Service Provider.--
(1) Services.--
(A) In general.--Section 408(b)(2)(B)(ii)(I)(bb) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1108(b)(2)(B)(ii)(I)(bb)) is amended--
(i) in subitem (AA) by striking ``Brokerage
services,'' and inserting ``Services (including
brokerage services),''; and
(ii) in subitem (BB)--
(I) by striking ``Consulting,'' and
inserting ``Other services,''; and
(II) by striking ``related to the
development or implementation of plan
design'' and all that follows through
the period at the end and inserting
``including any of the following: plan
design, insurance or insurance product
selection (including vision and
dental), recordkeeping, medical
management, benefits administration
selection (including vision and
dental), stop-loss insurance, pharmacy
benefit management services, wellness
design and management services,
transparency tools, group purchasing
organization agreements and services,
participation in and services from
preferred vendor panels, disease
management, compliance services,
employee assistance programs, or third
party administration services, or
consulting services related to any such
services.''.
(B) Sense of congress.--It is the sense of Congress
that the amendment made by subparagraph (A) clarifies
the existing requirement of covered service providers
with respect to services described in section
408(b)(2)(B)(ii)(I)(bb)(BB) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1108(b)(2)(B)(ii)(I)(bb)(BB)) that were in effect since
the application date described in section 202(e) of the
No Surprises Act (Public Law 116-260; 29 U.S.C. 1108
note), and does not impose any additional requirement
under section 408(b)(2)(B) of such Act.
(2) Certain arrangements for pharmacy benefit management
services considered as indirect.--
(A) In general.--Section 408(b)(2)(B)(i) of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1108(b)(2)(B)(i)) is amended--
(i) by striking ``requirements of this
clause'' and inserting ``requirements of this
subparagraph''; and
(ii) by adding at the end the following:
``For purposes of applying section 406(a)(1)(C)
with respect to a transaction described under
this subparagraph or subparagraph (C), a
contract or arrangement for services between a
covered plan and an entity providing services
to the plan, including a health insurance
issuer providing health insurance coverage in
connection with the covered plan, in which such
entity contracts, in connection with such plan,
with a service provider for pharmacy benefit
management services, shall be considered an
indirect furnishing of goods, services, or
facilities between the covered plan and the
service provider for pharmacy benefit
management services acting as the party in
interest.''.
(B) Health insurance issuer and health insurance
coverage defined.--Section 408(b)(2)(B)(ii)(I)(aa) of
such Act (29 U.S.C. 1108(b)(2)(B)(ii)(I)(aa)) is
amended by inserting before the period at the end ``and
the terms `health insurance coverage' and `health
insurance issuer' have the meanings given such terms in
section 733(b)''.
(C) Technical amendment.--Section
408(b)(2)(B)(ii)(I)(aa) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1108(b)(2)(B)(ii)(I)(aa)) is amended by inserting
``in'' after ``defined''.
SEC. 903. INCREASING TRANSPARENCY IN GENERIC DRUG APPLICATIONS.
(a) In General.--Section 505(j)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(3)) is amended by adding at the end the
following:
``(H)(i) Upon request (in controlled correspondence or an analogous
process) by a person that has submitted or intends to submit an
abbreviated application under this subsection for a drug that is
required by regulation to contain one or more of the same inactive
ingredients in the same concentrations as the listed drug referred to,
or for which the Secretary determines there is a scientific
justification for an approach that is in vitro, in whole or in part, to
be used to demonstrate bioequivalence for a drug if such a drug
contains one or more of the same inactive ingredients in the same
concentrations as the listed drug referred to, the Secretary shall
inform the person whether such drug is qualitatively and quantitatively
the same as the listed drug. The Secretary may also provide such
information to such a person on the Secretary's own initiative during
the review of an abbreviated application under this subsection for such
drug.
``(ii) Notwithstanding section 301(j), if the Secretary determines
that such drug is not qualitatively or quantitatively the same as the
listed drug, the Secretary shall identify and disclose to the person--
``(I) the ingredient or ingredients that cause such drug
not to be qualitatively or quantitatively the same as the
listed drug; and
``(II) for any ingredient for which there is an identified
quantitative deviation, the amount of such deviation.
``(iii) If the Secretary determines that such drug is qualitatively
and quantitatively the same as the listed drug, the Secretary shall not
change or rescind such determination after the submission of an
abbreviated application for such drug under this subsection unless--
``(I) the formulation of the listed drug has been changed
and the Secretary has determined that the prior listed drug
formulation was withdrawn for reasons of safety or
effectiveness; or
``(II) the Secretary makes a written determination that the
prior determination must be changed because an error has been
identified.
``(iv) If the Secretary makes a written determination described in
clause (iii)(II), the Secretary shall provide notice and a copy of the
written determination to the person making the request under clause
(i).
``(v) The disclosures authorized under clauses (i) and (ii) are
disclosures authorized by law, including for purposes of section 1905
of title 18, United States Code. This subparagraph shall not otherwise
be construed to authorize the disclosure of nonpublic qualitative or
quantitative information about the ingredients in a listed drug, or to
affect the status, if any, of such information as trade secret or
confidential commercial information for purposes of section 301(j) of
this Act, section 552 of title 5, United States Code, or section 1905
of title 18, United States Code.''.
(b) Guidance.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall issue draft guidance, or update guidance,
describing how the Secretary will determine whether a drug is
qualitatively and quantitatively the same as the listed drug
(as such terms are used in section 505(j)(3)(H) of the Federal
Food, Drug, and Cosmetic Act, as added by subsection (a)),
including with respect to assessing pH adjusters.
(2) Process.--In issuing guidance under this subsection,
the Secretary of Health and Human Services shall--
(A) publish draft guidance;
(B) provide a period of at least 60 days for
comment on the draft guidance; and
(C) after considering any comments received and not
later than one year after the close of the comment
period on the draft guidance, publish final guidance.
(c) Applicability.--Section 505(j)(3)(H) of the Federal Food, Drug,
and Cosmetic Act, as added by subsection (a), applies beginning on the
date of enactment of this Act, irrespective of the date on which the
guidance required by subsection (b) is finalized.
SEC. 904. TITLE 35 AMENDMENTS.
(a) In General.--Section 271(e) of title 35, United States Code, is
amended--
(1) in paragraph (2)(C), in the flush text following clause
(ii), by adding at the end the following: ``With respect to a
submission described in clause (ii), the act of infringement
shall extend to any patent that claims the biological product,
a method of using the biological product, or a method or
product used to manufacture the biological product.''; and
(2) by adding at the end the following:
``(7)(A) Subject to subparagraphs (C), (D), and (E), if the sponsor
of an approved application for a reference product, as defined in
section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))
(referred to in this paragraph as the `reference product sponsor'),
brings an action for infringement under this section against an
applicant for approval of a biological product under section 351(k) of
such Act that references that reference product (referred to in this
paragraph as the `subsection (k) applicant'), the reference product
sponsor may assert in the action a total of not more than 20 patents of
the type described in subparagraph (B), not more than 10 of which shall
have issued after the date specified in section 351(l)(7)(A) of such
Act.
``(B) The patents described in this subparagraph are patents that
satisfy each of the following requirements:
``(i) Patents that claim the biological product that is the
subject of an application under section 351(k) of the Public
Health Service Act (42 U.S.C. 262(k)) (or a use of that
product) or a method or product used in the manufacture of such
biological product.
``(ii) Patents that are included on the list of patents
described in paragraph (3)(A) of section 351(l) of the Public
Health Service Act (42 U.S.C. 262(l)), including as provided
under paragraph (7) of such section 351(l).
``(iii) Patents that--
``(I) have an actual filing date of more than 4
years after the date on which the reference product is
approved; or
``(II) include a claim to a method in a
manufacturing process that is not used by the reference
product sponsor.
``(C) The court in which an action described in subparagraph (A) is
brought may increase the number of patents limited under that
subparagraph--
``(i) if the request to increase that number is made
without undue delay; and
``(ii)(I) if the interest of justice so requires; or
``(II) for good cause shown, which--
``(aa) shall be established if the subsection (k)
applicant fails to provide information required section
351(k)(2)(A) of the Public Health Service Act (42
U.S.C. 262(k)(2)(A)) that would enable the reference
product sponsor to form a reasonable belief with
respect to whether a claim of infringement under this
section could reasonably be asserted; and
``(bb) may be established--
``(AA) if there is a material change to the
biological product (or process with respect to
the biological product) of the subsection (k)
applicant that is the subject of the
application;
``(BB) if, with respect to a patent on the
supplemental list described in section
351(l)(7)(A) of Public Health Service Act (42
U.S.C. 262(l)(7)(A)), the patent would have
issued before the date specified in such
section 351(l)(7)(A) but for the failure of the
Office to issue the patent or a delay in the
issuance of the patent, as described in
paragraph (1) of section 154(b) and subject to
the limitations under paragraph (2) of such
section 154(b); or
``(CC) for another reason that shows good
cause, as determined appropriate by the court.
``(D) In determining whether good cause has been shown for the
purposes of subparagraph (C)(ii)(II), a court may consider whether the
reference product sponsor has provided a reasonable description of the
identity and relevance of any information beyond the subsection (k)
application that the court believes is necessary to enable the court to
form a belief with respect to whether a claim of infringement under
this section could reasonably be asserted.
``(E) The limitation imposed under subparagraph (A)--
``(i) shall apply only if the subsection (k) applicant
completes all actions required under paragraphs (2)(A),
(3)(B)(ii), (5), (6)(C)(i), (7), and (8)(A) of section 351(l)
of the Public Health Service Act (42 U.S.C. 262(l)); and
``(ii) shall not apply with respect to any patent that
claims, with respect to a biological product, a method for
using that product in therapy, diagnosis, or prophylaxis, such
as an indication or method of treatment or other condition of
use.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to an application submitted under section 351(k) of
the Public Health Service Act (42 U.S.C. 262(k)) on or after the date
of enactment of this Act.
TITLE X--MISCELLANEOUS
SEC. 1001. TWO-YEAR EXTENSION OF SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE
FOR TELEHEALTH.
(a) In General.--Section 223(c)(2)(E)(ii) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2025'' and inserting
``January 1, 2027''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2024.
SEC. 1002. ELIGIBILITY FOR FEHBP ENROLLMENT FOR MEMBERS OF CONGRESS.
(a) PPACA.--Subparagraph (D) of section 1312(d)(3) of the Patient
Protection and Affordable Care Act (Public Law 111-148) is amended--
(1) in the subparagraph heading, by striking ``Members of
congress'' and inserting ``Congressional staff''; and
(2) in clause (i)--
(A) by striking ``Members of Congress and''; and
(B) by striking ``a Member of Congress or''.
(b) FEHBP.--Section 8906 of title 5, United States Code, is amended
by adding at the end the following:
``(h)(1) Any Member of Congress may elect to enroll in a health
benefits plan offered through the D.C. Small Business Health Options
Program created under the Patient Protection and Affordable Care Act
(Public Law 111-148) (or an amendment made by such Act) and, if so
enrolled, shall receive Government contributions under this section.
``(2) Contributions under this section--
``(A) except as provided in paragraph (1), may not be
provided with respect to any health benefits plan--
``(i) created under such Act or an amendment made
by such Act; or
``(ii) offered through an exchange established
under such Act or an amendment made by such Act; and
``(B) may be provided with respect to either enrollment in
such a health plan described under paragraph (1) or to
enrollment in a health benefits plan offered under this
chapter, but not both.''.
(c) Effective Date.--This section and the amendments made by this
section--
(1) shall apply with respect to plan years beginning on or
after January 1, 2026; or
(2) in the case that the Office of Personnel Management
establishes an open enrollment period during plan year 2025 for
individuals to enroll in a plan approved or contracted for
under chapter 89 of title 5, United States Code, for coverage
that begins during such plan year, shall apply beginning on the
first day that such coverage is effective.
DIVISION F--A STRONGER WORKFORCE FOR AMERICA ACT
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``A Stronger
Workforce for America Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Table of contents amendments.
Subtitle B--System Alignment
Chapter 1--State Provisions
Sec. 111. State workforce development board.
Sec. 112. Unified State plan.
Chapter 2--Local Provisions
Sec. 115. Workforce development areas.
Sec. 116. Local workforce development boards.
Sec. 117. Local plan.
Chapter 3--Performance Accountability
Sec. 119. Performance accountability system.
Subtitle C--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers of training services.
Sec. 123. Eligible providers of youth workforce investment activities.
Chapter 2--Youth Workforce Investment Activities
Sec. 131. Reservations; Reallocation.
Sec. 132. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 141. State allotments.
Sec. 142. Reservations for State activities; within State allocations;
Reallocation.
Sec. 143. Use of funds for employment and training activities.
Chapter 4--General Workforce Investment Provisions
Sec. 145. Authorization of appropriations.
Subtitle D--Job Corps
Sec. 151. Purposes.
Sec. 152. Definitions.
Sec. 153. Individuals eligible for the Job Corps.
Sec. 154. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 155. Job Corps Campuses.
Sec. 156. Program activities.
Sec. 157. Counseling and job placement.
Sec. 158. Support.
Sec. 159. Operations.
Sec. 160. Standards of conduct.
Sec. 161. Community participation.
Sec. 162. Workforce councils.
Sec. 163. Advisory committees.
Sec. 164. Experimental projects and technical assistance.
Sec. 165. Special provisions.
Sec. 166. Management information.
Sec. 167. Job Corps oversight and reporting.
Sec. 168. Authorization of appropriations.
Sec. 169. Conforming amendments.
Subtitle E--National Programs
Sec. 171. Native American programs.
Sec. 172. Migrant and seasonal farmworker programs.
Sec. 173. Technical assistance.
Sec. 174. Evaluations and research.
Sec. 175. National dislocated worker grants.
Sec. 176. YouthBuild Program.
Sec. 177. Reentry employment opportunities.
Sec. 178. Youth apprenticeship readiness grant program.
Sec. 179. Strengthening community colleges grant program.
Sec. 180. Authorization of appropriations.
Subtitle F--Administration
Sec. 191. Requirements and restrictions.
Sec. 192. Monitoring.
Sec. 193. Fiscal controls; sanctions.
Sec. 194. Administrative adjudication.
Sec. 195. Judicial review.
Sec. 196. General waivers of statutory or regulatory requirements.
Sec. 197. State flexibility pilot authority.
Sec. 198. General program requirements.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Special rule.
Sec. 205. Performance accountability system.
Sec. 206. Matching requirement.
Sec. 207. State leadership activities.
Sec. 208. Programs for corrections education and other
institutionalized individuals.
Sec. 209. Grants and contracts for eligible providers.
Sec. 210. Local application.
Sec. 211. Local administrative cost limits.
Sec. 212. National leadership activities.
Sec. 213. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
Sec. 302. Job training grants.
Sec. 303. Access to National Directory of New Hires.
Sec. 304. References to other laws.
TITLE IV--DEPARTMENT OF LABOR TECHNICAL ASSISTANCE
Sec. 401. Technical assistance for transforming to competitive
integrated employment.
TITLE V--GENERAL PROVISIONS
Sec. 501. Report on data capability and interoperability of Federal and
State databases and data exchange
agreements.
Sec. 502. Effective dates; transition authority.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
SEC. 101. PURPOSES.
Section 2 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3101) is amended--
(1) in paragraph (1), by striking ``support services'' and
inserting ``supportive services'';
(2) in paragraph (2), by inserting ``, for youth and
adults,'' after ``economic development systems'';
(3) in paragraph (6), by striking ``of the workforce,
reduce welfare dependency,'' and inserting ``of the workforce,
provide economic mobility, reduce dependency on public
assistance programs,''; and
(4) by adding at the end the following:
``(7) To prepare a globally competitive workforce by
developing robust education and skills development programs for
youth to access career pathways that will lead such youth into
in-demand industry sectors and occupations.''.
SEC. 102. DEFINITIONS.
(a) Foundational Skill Needs.--Section 3(5) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(5)) is amended to read
as follows:
``(5) Foundational skill needs.--The term `foundational
skill needs' means, with respect to an individual who is a
youth or adult, that the individual--
``(A) has English reading, writing, or computing
skills at or below the 8th grade level on a generally
accepted standardized test; or
``(B) is unable to compute or solve problems, is
unable to read, write, or speak English, or does not
possess digital literacy skills, at a level necessary
to function in the individual's education or
occupation, in the individual's family, or in
society.''.
(b) Career Pathway.--Section 3(7)(F) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(7)(F)) is amended by striking
``secondary school diploma'' and inserting ``regular high school
diploma''.
(c) Employer-Directed Skills Development.--Section 3(14) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(14)) is
amended to read as follows:
``(14) Employer-directed skills development.--The term
`employer-directed skills development' means skills development
provided through a program--
``(A) that is selected or designed to meet the
specific skill demands of an employer (including a
group of employers);
``(B) that is conducted pursuant to the terms and
conditions established under an employer-directed
skills agreement described in section 134(c)(3)(I),
including a commitment by the employer to employ an
individual upon successful completion of the program;
and
``(C) for which the employer pays a portion of the
cost of the program, as determined by the local board
involved, which shall not be less than--
``(i) 10 percent of the cost, in the case
of an employer with 50 or fewer employees;
``(ii) 25 percent of the cost, in the case
of an employer with more than 50 but not more
than 100 employees; and
``(iii) 50 percent of the cost, in the case
of an employer with more than 100 employees.''.
(d) Dislocated Worker.--Section 3(15)(B) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(15)(B)) is amended--
(1) in clause (i), by inserting ``, including such a
closure or layoff due to advances in automation technology''
before the semicolon; and
(2) in clause (iii), by striking ``section
134(c)(2)(A)(xii)'' and inserting ``section
134(c)(2)(B)(vii)''.
(e) Displaced Homemaker.--Section 3(16) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(16)) is amended, in the matter
preceding subparagraph (A), by striking ``family members'' and
inserting ``a family member''.
(f) Eligible Youth.--Section 3(18) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(18)) is amended by striking ``out-of-
school'' and inserting ``opportunity''.
(g) English Learner.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is further amended--
(1) in paragraph (21)--
(A) in the heading, by striking ``language''; and
(B) by striking ``language''; and
(2) in paragraph (24)(I), by striking ``language''.
(h) Individual With a Barrier to Employment.--Section 3(24) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)) is
amended--
(1) by amending subparagraph (F) to read as follows:
``(F) Justice-involved individuals.'';
(2) in subparagraph (G)--
(A) by striking ``Homeless individuals (as'' and
inserting ``Individuals experiencing homelessness
(meaning homeless individuals'';
(B) by striking ``(42 U.S.C. 14043e-2(6)))'' and
inserting ``(34 U.S.C. 12473(6)))''; and
(C) by striking ``homeless children'' and all that
follows through ``defined'' and inserting ``youth
experiencing homelessness (meaning homeless children or
youths, as defined'';
(3) by redesignating subparagraphs (I) through (N) as
subparagraphs (J) through (O), respectively;
(4) by inserting after subparagraph (H) the following:
``(I) Opportunity youth.''; and
(5) in subparagraph (K), as so redesignated, by striking
``section 167(i)'' and inserting ``167(j)''.
(i) Industry or Sector Partnership.--Section 3(26) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(26)) is amended--
(1) in subparagraph (A)(ii), by striking ``or another labor
representative, as appropriate;'' and inserting ``and, to the
extent practicable, another labor representative;''; and
(2) in subparagraph (B)--
(A) by redesignating clauses (vi) through (xi) as
clauses (viii) through (xiii), respectively; and
(B) by striking clause (v) and inserting the
following:
``(v) State educational agencies or local
educational agencies;
``(vi) State higher education agencies, as
defined in section 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003), or State systems
of higher education;
``(vii) other State or local agencies;''.
(j) Local Area.--Section 3(32) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(32)) is amended by striking ``sections
106(c)(3)(A)'' and inserting ``sections 106(c)(4)(A)''.
(k) Educational Agencies.--Section 3(34) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(34)) is amended to read
as follows:
``(1) Local educational agency; state educational agency.--
The terms `local educational agency' and `State educational
agency' have the meanings given the terms in section 8101 of
the Elementary and Secondary Education Act of 1965.''.
(l) Local Plan.--Section 3(35) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(32)) is amended by striking ``section
106(c)(3)(B)'' and inserting ``section 106(c)(4)(B)''.
(m) Low-income Individual.--Section 3(36)(A)(iii) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(36)(A)(iii)) is
amended--
(1) by striking ``is a homeless individual (as'' and
inserting ``is an individual experiencing homelessness (meaning
a homeless individual as'';
(2) by striking ``(42 U.S.C. 14043e-2(6)))'' and inserting
``(34 U.S.C. 12473(6)))''; and
(3) by striking ``homeless child'' and all that follows
through ``defined'' and inserting ``youth experiencing
homelessness (meaning a homeless child or youth, as defined''.
(n) Justice-involved Individual.--Section 3(38) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(38)) is amended--
(1) in the heading, by striking ``Offender'' and inserting
``Justice-involved individual''; and
(2) in the matter preceding subparagraph (A), by striking
``offender'' and inserting ``justice-involved individual''.
(o) Opportunity Youth.--Section 3(46) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(46)) is amended--
(1) in the heading, by striking ``Out-of-school'' and
inserting ``Opportunity''; and
(2) by striking ``out-of-school'' and inserting
``opportunity''.
(p) Pay-for-Performance Contract Strategy.--Section 3(47) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(47)) is
amended to read as follows:
``(47) Pay-for-performance contract strategy.--The term
`pay-for-performance contract strategy' means a performance-
based contract strategy that uses pay-for-performance contracts
in the provision of services described in paragraph (2) or (3)
of section 134(c) or activities described in section 129(c)(2),
and includes--
``(A) contracts, each of which--
``(i) shall specify a fixed amount that
will be paid to an eligible service provider
(which may include a local or national
community-based organization or intermediary,
community college, or other provider) based on
the achievement of specified levels of
performance on the primary indicators of
performance described in section 116(b)(2)(A)
for target populations as identified by the
local board and which shall identify a specific
target for the number or percentage of
individuals to be served that will be
individuals with barriers to employment, within
a defined timetable; and
``(ii) may provide for bonus payments to
such service provider to expand capacity to
provide effective training and other services,
including bonus payments for exceeding the
identified target for serving individuals with
barriers to employment;
``(B) a strategy for validating the achievement of
the performance described in subparagraph (A); and
``(C) a description of how the State or local area
will reallocate funds not paid to a provider because
the achievement of the performance described in
subparagraph (A) did not occur, for further activities
related to such a contract strategy, subject to section
189(g)(2)(D).''.
(q) Rapid Response Activity.--Section 3(51) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(51)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, through a rapid response unit'' after ``designated by a
State'';
(2) in subparagraph (B), by inserting before the semicolon
at the end the following: ``, including access through
individual training accounts for eligible dislocated workers
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 3224a)'';
(3) in subparagraph (D), by striking ``and'' at the end;
(4) by redesignating subparagraph (E) as subparagraph (F);
(5) by inserting after subparagraph (D) the following new
subparagraph:
``(E) assistance in identifying workers eligible
for assistance, including workers who work a majority
of their time offsite or remotely;'';
(6) in subparagraph (F), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(7) by adding at the end the following:
``(G) the provision of business engagement or
layoff aversion strategies and other activities
designed to prevent or minimize the duration of
unemployment, such as--
``(i) connecting employers to short-term
compensation or other programs designed to
prevent layoffs;
``(ii) conducting worker skill assessment,
and programs to match workers to different
occupations;
``(iii) establishing incumbent worker
training or other upskilling approaches,
including through incumbent worker upskilling
accounts described in section 134(d)(4)(E);
``(iv) facilitating business support
activities, such as connecting employers to
programs that offer access to credit, financial
support, and business consulting; and
``(v) partnering or contracting with
business-focused organizations to assess risks
to companies, and to propose, implement, and
measure the impact of strategies and services
to address such risks.''.
(r) School Dropout.--Section 3(54) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(54)) is amended by striking ``secondary
school diploma'' and inserting ``regular high school diploma''.
(s) Supportive Services.--Section 3(59) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(59)) is amended by striking
``housing,'' and inserting ``assistive technology, housing, food
assistance,''.
(t) New Definitions.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is further amended by adding at the
end the following:
``(72) Co-enrollment.--The term `co-enrollment' means
simultaneous enrollment in more than one of the programs or
activities carried out by a one-stop partner specified in
section 121(b)(1)(B).
``(73) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 203.
``(74) Evidence-based.--The term `evidence-based', when
used with respect to an activity, service, strategy, or
intervention, or content of materials, means an activity,
service, strategy, or intervention, or content of materials
that--
``(A) demonstrates a statistically significant
effect on improving participant outcomes or other
relevant outcomes based on--
``(i) strong evidence from at least 1 well-
designed and well-implemented experimental
study;
``(ii) moderate evidence from at least 1
well-designed and well-implemented quasi-
experimental study; or
``(iii) promising evidence from at least 1
well-designed and well-implemented
correlational study with statistical controls
for selection bias; or
``(B)(i) demonstrates a rationale based on high-
quality research findings or positive evaluation that
such activity, service, strategy, or intervention is
likely to improve student outcomes or other relevant
outcomes; and
``(ii) includes ongoing efforts to examine the effects of
such activity, service, strategy, or intervention.
``(75) Labor organization.--The term `labor organization'
means a labor organization, as defined in section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5)), and an
organization representing public sector employees.
``(76) Regular high school diploma.--The term `regular high
school diploma' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(77) Universal design for learning.--The term `universal
design for learning' has the meaning given the term in section
103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
``(78) Work-based learning.--The term `work-based learning'
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).''.
(u) Redesignations.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is further amended by redesignating
paragraphs (5), (6), (7), (8), (9), (14), (19), (20), (21), (22), (23),
(24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35),
(36), (37), (38), (39), (40), (41), (42), (43), (44), (45), (46), (47),
(48), (49), (50), (51), (52), (53), (54), (55), (56), (57), (58), (59),
(60), (61), (62), (63), (64), (65), (66), (67), (68), (69), (70), (71),
(72), (73), (74), (75), (76), (77), and (78), as paragraphs (24), (5),
(6), (7), (8), (19), (20), (21), (22), (25), (26), (27), (28), (29),
(30), (31), (32), (34), (36), (37), (38), (39), (40), (41), (42), (33),
(43), (44), (45), (46), (47), (48), (50), (49), (51), (52), (53), (54),
(55), (56), (57), (59), (60), (61), (62), (63), (64), (65), (66), (67),
(69), (70), (72), (73), (74), (75), (76), (77), (78), (9), (14), (23),
(35), (58), (68), and (71), respectively.
SEC. 103. TABLE OF CONTENTS AMENDMENTS.
The table of contents in section 1(b) of the Workforce Innovation
and Opportunity Act is amended--
(1) by redesignating the item relating to section 172 as
section 175;
(2) by inserting after the item relating to section 171,
the following:
``Sec. 172. Reentry employment opportunities.
``Sec. 173. Youth apprenticeship readiness grant program.
``Sec. 174. Strengthening community colleges workforce development
grants program.''; and
(3) by striking the item relating to section 190 and
inserting the following:
``Sec. 190. State flexibility pilot authority.''.
Subtitle B--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 111. STATE WORKFORCE DEVELOPMENT BOARD.
Section 101 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3112) is amended--
(1) in subsection (b)(1)(C)(ii)(IV), by striking ``out-of-
school youth'' and inserting ``opportunity youth''; and
(2) in subsection (d)--
(A) in paragraph (3)(B), by striking ``low-skilled
adults'' and inserting ``adults with foundational skill
needs''; and
(B) in paragraph (5)(A), by inserting after
``including strategies'' the following: ``(such as the
principles of universal design for learning)''.
SEC. 112. UNIFIED STATE PLAN.
Section 102 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3112) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (C)
through (E) as subparagraphs (D) through (F),
respectively;
(ii) by inserting the following after
subparagraph (B):
``(C) a description of--
``(i) how the State will use real-time
labor market information to continually assess
the economic conditions and workforce trends
described in subparagraphs (A) and (B); and
``(ii) how the State will communicate
changes in such conditions or trends to the
workforce system in the State;'';
(iii) in subparagraph (D), as so
redesignated, by inserting ``the extent to
which such activities are evidence-based,''
after ``of such activities,'';
(iv) in subparagraph (E), as so
redesignated--
(I) by striking ``and for meeting
the skilled workforce needs of
employers'' and inserting ``and for
preparing workers to meet the skilled
workforce needs of employers and to
enter and remain in unsubsidized
employment''; and
(II) by striking ``and'' at the
end;
(v) in subparagraph (F), as so
redesignated, by striking the period at the end
and inserting a semicolon; and
(vi) by adding at the end the following:
``(G) a description of any activities the State is
conducting to expand economic opportunity for
individuals and reduce barriers to labor market entry
by--
``(i) developing, in cooperation with
employers, education and training providers,
and other stakeholders, statewide skills-based
initiatives that promote the use of
demonstrated skills and competencies as an
alternative to the exclusive use of degree
attainment as a requirement for employment or
advancement in a career; and
``(ii) evaluating the existing occupational
licensing policies in the State and identifying
potential changes to recommend to the
appropriate State entity to--
``(I) remove or streamline
licensing requirements, as appropriate;
and
``(II) improve the reciprocity of
licensing, including through
participating in interstate licensing
compacts;
``(H) an analysis of the opportunity youth
population in the State, including the estimated number
of opportunity youth and any gaps in services provided
to such population by other existing workforce
development activities, as identified under
subparagraph (D);
``(I) a description of the availability of
apprenticeship and pre-apprenticeship programs in the
State and the providers of such programs, including any
that serve youth; and
``(J) a description of any strategies the State
will use to prioritize the funding of evidence-based
programs through the funds available for statewide
workforce development activities described in section
128(a).''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``including a description'' and inserting
``which may include a description'';
(ii) in subparagraph (C)--
(I) in clause (ii)(I), by inserting
``utilizing a continuous quality
improvement approach,'' after
``year,''; and
(II) in clause (viii), by striking
``necessary for effective State
operating systems and policies'' and
inserting ``useful to States to be
included in the State plan, on an
optional basis'';
(iii) in subparagraph (D)(i)--
(I) in subclause (II), by striking
``any''; and
(II) in subclause (IV), by striking
``section 121(h)(2)(E)'' and inserting
``section 121(h)(1)(E)''; and
(iv) in subparagraph (E)--
(I) in clause (iv), by striking
``116(i)'' and inserting ``116(j)'';
and
(II) in clause (x), by striking
``necessary for the administration of
the core programs'' and inserting
``useful to States to be included in
the State plan, on an optional basis'';
and
(2) in subsection (c)(3)--
(A) in subparagraph (A), by striking ``shall'' the
second place it appears and inserting ``may''; and
(B) in subparagraph (B)--
(i) by striking ``required''; and
(ii) by inserting ``, except that
communicating changes in economic conditions
and workforce trends to the workforce system in
the State as described in subsection (b)(1)(C)
shall not be considered modifications subject
to approval under this paragraph'' before the
period at the end.
CHAPTER 2--LOCAL PROVISIONS
SEC. 115. WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--Section 106(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121(a)) is amended by adding at the end the
following:
``(3) Review.--Before the second full program year after
the date of enactment of the A Stronger Workforce for America
Act, in order for a State to receive an allotment under section
127(b) or 132(b) and as part of the process for developing the
State plan, a State shall--
``(A) review each region in the State identified
under this subsection (as such subsection was in effect
on the day before the date of enactment of the A
Stronger Workforce for America Act); and
``(B) after consultation with the local boards and
chief elected officials in the local areas and
consistent with the considerations described in
subsection (b)(1)(B)--
``(i) revise such region and any other
region impacted by such revision; or
``(ii) make a determination to maintain
such region with no revision.''.
(b) Local Areas.--Section 106(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``subsection
(d), and consistent with paragraphs (2) and (3),'' and
inserting ``subsection (d)''; and
(B) in subparagraph (B), by striking ``(except for
those local areas described in paragraphs (2) and
(3))''; and
(2) by striking paragraphs (2) through (7), and inserting
the following:
``(2) Continuation period.--Except as provided in paragraph
(5) of this subsection and subsection (d), in order to receive
an allotment under section 127(b) or 132(b), the Governor shall
maintain the designations of local areas in the State under
this subsection (as in effect on the day before the date of
enactment of the A Stronger Workforce for America Act) until
the end of the third full program year after the date of
enactment of the A Stronger Workforce for America Act.
``(3) Initial alignment review.--
``(A) In general.--Prior to the third full program
year after the date of enactment of the A Stronger
Workforce for America Act, the Governor shall--
``(i) review the designations of local
areas in the State (as in effect on the day
before the date of enactment of the A Stronger
Workforce for America Act); and
``(ii)(I) based on the considerations
described in paragraph (1)(B), issue proposed
redesignations of local areas in the State
through the process described in paragraph
(1)(A), which shall--
``(aa) include an
explanation of the strategic
goals and objectives that the
State intends to achieve
through such redesignations;
and
``(bb) be subject to the
approval of the chief elected
officials of the local areas in
the State in accordance with
the process described in
subparagraph (C); or
``(II) with respect to a State
described in subsection (d)(2)(B), if
the Governor determines that such State
should be designated as a single State
local area, conduct a process in
accordance with the requirements of
subsection (d)(2).
``(B) Designation of local areas.--A redesignation
of local areas in a State that is approved by a
majority of the chief elected officials of the local
areas in the State through the process described in
subparagraph (C) shall take effect on the first day of
the 4th full program year after the date of enactment
of the A Stronger Workforce for America Act.
``(C) Process to reach majority approval.--To
approve a designation of local areas in the State, the
chief elected officials of the local areas in the State
shall comply with the following:
``(i) Initial vote.--Not later than 60 days
after the Governor issues proposed
redesignations under subparagraph (A), the
chief elected official of each local area shall
review the proposed redesignations and submit a
vote to the Governor either approving or
rejecting the proposed redesignations.
``(ii) Results of initial vote.--If a
majority of the chief elected officials of the
local areas in the State vote under clause
(i)--
``(I) to approve such proposed
redesignations, such redesignations
shall take effect in accordance with
subparagraph (B); or
``(II) to disapprove such proposed
redesignations, the chief elected
officials of the local areas in the
State shall comply with the
requirements of clause (iii).
``(iii) Alternate redesignations.--In the
case of the disapproval described in clause
(ii)(II), not later than 120 days after the
Governor issues proposed redesignations under
subparagraph (A), the chief elected officials
of the local areas in the State shall--
``(I) select 2 alternate
redesignations of local areas--
``(aa) one of which aligns
with the regional economic
development areas in the State;
and
``(bb) one of which aligns
with the regions described in
subparagraph (A) or (B) of
subsection (a)(2); and
``(II) conduct a vote to approve,
by majority vote, 1 of the 2 alternate
redesignations described in subclause
(I).
``(iv) Effective date of alternate
designations.--The alternate redesignations
approved pursuant to clause (iii)(II) shall
take effect in accordance with subparagraph
(B).
``(4) Subsequent alignment reviews.--On the date that is
the first day of the 12th full program year after the date of
enactment of the A Stronger Workforce for America Act, and
every 8 years thereafter, the Governor shall--
``(A) review the designation of local areas; and
``(B) carry out the requirements of paragraph
(3)(A)(ii), except that any redesignation of local
areas in a State that is approved by a majority of the
chief elected officials of the local areas in the State
through the process described in paragraph (3)(C) shall
take effect on the first day of the next full program
year after the Governor's review pursuant to this
paragraph.
``(5) Interim revisions.--
``(A) Approval of certain redesignation requests.--
``(i) In general.--At any time, and
notwithstanding the requirements of paragraphs
(2), (3), and (4), the Governor, upon receipt
of a request for a redesignation of a local
area described in clause (ii), may approve such
request.
``(ii) Requests.--The following requests
may be approved pursuant to clause (i) upon
request:
``(I) A request from multiple local
areas to be redesignated as a single
local area.
``(II) A request from multiple
local areas for a revision to the
designations of such local areas, which
would not impact the designations of
local areas that have not made such
request.
``(III) A request for designation
as a local area from an area described
in section 107(c)(1)(C).
``(B) Other redesignations.--Other than the
redesignations described in subparagraph (A), the
Governor may only redesignate a local area outside of
the process described in paragraphs (3) and (4), if the
local area that will be subject to such redesignation
has not--
``(i) performed successfully;
``(ii) sustained fiscal integrity; or
``(iii) in the case of a local area in any
planning region described in subparagraph (B)
or (C) of subsection (a)(2), met the
requirements described in subsection (c)(1).
``(C) Effective date.--Any redesignation of a local
area approved by the Governor under subparagraph (A) or
(B) shall take effect on the first date of the first
full program year after such date of approval.
``(6) Appeals.--
``(A) In general.--The local board of a local area
that is subject to a redesignation of such local area
under paragraph (3), (4), or (5) may submit an appeal
to maintain its existing designation to the State board
under an appeal process established in the State plan
as specified in section 102(b)(2)(D)(i)(III).
``(B) State board requirements.--The State board
shall grant an appeal to maintain an existing
designation of a local area described in subparagraph
(A) only if the local board of the local area can
demonstrate that the process for redesignation of such
local area under paragraph (3), (4), or (5), as
applicable, has not been followed.
``(C) Secretarial requirements.--If a request to
maintain an existing designation as a local area is not
granted as a result of such appeal, the Secretary,
after receiving a request for review from the local
board of such local area and determining that the local
board was not accorded procedural rights under the
appeals process referred to in subparagraph (A),
shall--
``(i) review the process for the
redesignation of the local area under paragraph
(3), (4), or (5), as applicable; and
``(ii) upon determining that the applicable
process has not been followed, require that the
local area's existing designation be
maintained.
``(7) Redesignation incentive.--The State may provide
funding from funds made available under sections 128(a)(1) and
133(a)(1) to provide payments to incentivize--
``(A) groups of local areas to request to be
redesignated as a single local area under paragraph
(5)(A);
``(B) multiple local boards in a planning region to
develop an agreement to operate as a regional
consortium under subsection (c)(3); or
``(C) effective provision of services to
individuals served by a local area, including
individuals with barriers to employment, during the
first program year that begins after the redesignation
of a local area.''.
(c) Regional Coordination.--Section 106(c) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3121(c)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (F) through (H)
as subparagraphs (G) through (I), respectively; and
(B) by inserting the following after subparagraph
(E):
``(F) the establishment of cost arrangements for
services described in subsections (c) and (d) of
section 134, including the pooling of funds for such
services, as appropriate, for the region;'';
(2) in paragraph (2), by inserting ``, including to assist
with establishing administrative costs arrangements or cost
arrangements for services under subparagraphs (F) and (G) of
such paragraph'' after ``delivery efforts'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2), as so amended, the
following:
``(3) Regional consortiums.--
``(A) In general.--The local boards and chief
elected officials of any local area in any planning
region described in subparagraph (B) or (C) of
subsection (a)(2) may develop an agreement to receive
funding under section 128(b) and section 133(b) as a
single consortium for the planning region.
``(B) Fiscal agent.--If the local boards and chief
elected officials develop such an agreement--
``(i) one of the chief elected officials in
the planning region shall designate the fiscal
agent for the consortium;
``(ii) the local boards shall develop a
memorandum of understanding to jointly
administer the activities for the consortium;
and
``(iii) the required activities for local
areas under this Act (including the required
functions of the local boards described in
section 107(d)) shall apply to such a
consortium as a whole and may not be applied
separately or differently to the local areas or
local boards within such consortium.''.
(d) Single State Local Areas.--Section 106(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3121(d)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1), the following:
``(2) New designation.--
``(A) Process.--If, upon a review described in
paragraph (3)(A) or (4)(B) of subsection (b) of a State
described in subparagraph (B) of this paragraph, the
Governor of such State determines, after consultation
with the State board, that such State should be
designated as a single State local area--
``(i) the Governor shall propose to the
legislature of the State to designate such
State as a single State local area;
``(ii) in a case in which the majority of
the legislature of the State consents to the
Governor's proposed designation--
``(I) such designation shall take
effect in accordance with subparagraph
(C); and
``(II) the Governor shall identify
the State as a local area in the State
plan; and
``(iii) in a case in which in which the
majority of the legislature of the State does
not so consent to the Governor's proposed
designation, the designations of the local
areas in the State shall be maintained and
shall be subject to the requirements of
subsection (b)(4).
``(B) State described.--A State described in this
subparagraph is a State that--
``(i) has not been designated as a single
State local area under paragraph (1); and
``(ii)(I) has a population of less than
5,100,000, as determined by the last decennial
census preceding such designation; or
``(II) contains 5 or fewer local areas.
``(C) Effective date.--Notwithstanding subsection
(b)(2), a designation described in paragraph (A) shall
take effect on the later of--
``(i) the first day of the third full
program year after the date of enactment of the
A Stronger Workforce for America Act; or
``(ii) the first day of the first full
program year following the date on which the
Governor so designates the State as a single
State local area.
``(D) Reestablishment of local areas.--
``(i) In general.--At the end of the 5-year
period beginning on the date on which a State
is designated as a single State local area
under subparagraph (A), the Secretary shall
notify the Governor of such State if, during
such 5-year period, the average of the overall
State program scores (as referred to in section
116(f)(2)) across the adult and dislocated
worker programs and youth programs authorized
under chapters 2 and 3 of subtitle B are lower
than the average of the State overall program
scores across such programs during the 5-year
period ending on the date prior the date on
which such State was so designated.
``(ii) Determination after notice.--
``(I) In general.--If, after
receiving the notice described in
clause (i) with respect to a State, the
Governor determines--
``(aa) that the designation
of the State as a single State
local area should be
maintained, the Governor shall
comply with subclause (II) or
(III), as appropriate; or
``(bb) that such
designation should not be so
maintained, the Governor shall
reestablish the local areas
that comprised the State prior
to the designation of the State
as a single State local area
under subparagraph (A), and
such reestablishment shall take
effect on the first day of the
first full program year after
the Governor receives such
notice.
``(II) Requirements for maintaining
designation.--A designation described
in subclause (I)(aa) with respect to a
State may only be so maintained if the
Governor--
``(aa) not later than 180
days after the date on which
Governor receives the notice
described in clause (i), issues
a public notice of the
determination by the Governor
that the designation of such
State as a single State local
area should be maintained; and
``(bb) not later than 1
year after the date on which
the Governor issues such public
notice, the Governor receives
the consent of a majority of
the legislature of the State to
so maintain the designation.
``(III) Failure to meet
requirements.--If the Governor fails to
comply with each of the requirements of
subclause (II) with respect to a
State--
``(aa) a designation
described in subclause (I)(aa)
for such State may not be so
maintained; and
``(bb) the Governor shall
reestablish the local areas
that comprised the State prior
to the designation of the State
as a single State local area
under subparagraph (A), and
such reestablishment shall take
effect on the first full
program year after the date
that is 1 year after the date
on which the Governor issues
the public notice described in
subclause (II)(aa) with respect
to the State.''.
(e) Definition of ``Performed Successfully''.--Section 106(e)(1) of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3121(e)) is
amended to read as follows:
``(1) Performed successfully.--The term `performed
successfully', used with respect to a local area, means the
local area is not subject to corrective action as described in
section 116(g)(2) on the local performance accountability
measures for the most recent year for which data are available
preceding the determination of performance under this
paragraph.''.
SEC. 116. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) Membership.--Section 107(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3122(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) by striking ``20'' and inserting
``30''; and
(ii) in clause (iv), by striking ``out-of-
school youth'' and inserting ``opportunity
youth''; and
(B) in subparagraph (C)--
(i) in clause (i), by inserting after
``title II'' the following: ``(including
activities through corrections education
programs under such title)'';
(ii) in clause (ii), by inserting after
``community colleges'' the following: ``and, as
applicable, historically Black colleges and
universities (meaning part B institutions as
defined in section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061)), minority-serving
institutions (meaning institutions defined in
any of paragraphs (1) through (7) of section
371(a) of such Act (20 U.S.C.1067q(a)), and
Tribal colleges or universities (as such term
is defined in section 316(b) of such Act (20
U.S.C. 1059c(b))) and comprehensive transition
and postsecondary programs for students with
intellectual disabilities (as such term is
defined in section 760 of the Higher Education
Act of 1965 (20 U.S.C. 1140)));''; and
(iii) by adding at the end the following:
``(iv) may include faculty and staff
members working directly with students in
providing workforce investment activities
through education or training programs that
support an industry cluster.''; and
(2) in paragraph (4)(A)--
(A) in clause (ii), by striking ``include'' and all
that follows through the period at the end and
inserting the following: ``include--
``(I) representatives from
community-based organizations and other
representatives with professional
expertise in youth workforce
development programs and with a
demonstrated record of success in
serving eligible youth;
``(II) opportunity youth, including
youth who are individuals with
disabilities;
``(III) at least one representative
of a public or nonprofit agency that
serves youth, including juvenile
justice and child welfare agencies, and
at least one representative of a local
public housing authority;
``(IV) for a local area in which a
Job Corps campus (as such term is
defined in section 142) is located, at
least one representative of that
campus; and
``(V) for a local area in which a
center for a YouthBuild program (as
such term is defined in section 171(b))
is located, at least one representative
of that center.''; and
(B) by adding at the end the following:
``(iv) A standing committee to provide
information and to assist with planning,
operational, and other issues relating to the
engagement of representatives of the workforce
in the local area, which--
``(I) shall include at least one
representative of local labor
organizations or joint labor-management
organizations, including at least one
representative of either of such
organizations with special interest or
expertise in youth workforce readiness
or apprenticeship and pre-
apprenticeship programs that serve
youth; and
``(II) may include, in a local area
with a significant number of dislocated
workers (as determined by the local
board), at least one representative
with special interest or expertise in
providing supports for finding
education, training, and employment
opportunities for dislocated workers.
``(v) A standing committee to provide
information and to assist with planning,
operational, and other issues relating to the
engagement of educational entities in the local
area, which shall include, at a minimum--
``(I) at least one representative
of a local educational agency that
serves students residing in such local
area;
``(II) at least one representative
of institutions of higher education in
the local area, including community
colleges; and
``(III) at least one representative
of entities administering education and
training activities, including career
and technical education programs or
after- school and summer learning
programs, in the local area.
``(vi) A standing committee to provide
information and to assist with planning,
operational, and other issues relating to the
provision of services to justice- involved
individuals, including pre-release education,
training, and career services for such
individuals, which shall include--
``(I) at least one justice-involved
individual; and
``(II) representatives from
community-based organizations with
special interest or expertise in
reentry services for incarcerated and
justice-involved individuals, including
at least one representative of an
organization that is a recipient of a
grant under section 172.''.
(b) Functions of Local Board.--Section 107(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3122(d)) is amended--
(1) in paragraph (2)(A), by striking ``section
108(b)(1)(D)'' and inserting ``108(b)(1)(E)'';
(2) in paragraph (3), by inserting ``, including, to the
extent practicable, local representatives of the core programs
and the programs described in section 121(b)(1)(B),'' after
``system stakeholders'';
(3) in paragraph (4)--
(A) in subparagraph (B), by inserting ``and
industry and sector partnerships'' after
``intermediaries'';
(B) in subparagraph (C), by inserting ``, local
educational agencies, community colleges and other
institutions of higher education'' after ``economic
development entities''; and
(C) in subparagraph (D)--
(i) by striking ``proven'' and inserting
``evidence-based'';
(ii) by inserting ``individual'' after
``needs of''; and
(iii) by inserting ``from a variety of
industries and occupations'' after ``and
employers'';
(4) in paragraph (5), by inserting ``and which, to the
extent practicable, shall be aligned with career and technical
education programs of study (as defined in section 3 of the
Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302(3)) offered within the local area'' before the
period at the end;
(5) in paragraph (6)--
(A) in the heading, by striking ``Proven'' and
inserting ``Evidence-based'';
(B) in subparagraph (A)--
(i) by striking ``proven'' and inserting
``evidence-based'';
(ii) by inserting ``and covered veterans
(as defined in section 4212(a)(3)(A) of title
38, United States Code)'' after ``employment'';
and
(iii) by inserting ``, and give priority to
covered persons in accordance with section 4215
of title 38, United States Code'' after
``delivery system''; and
(C) in subparagraph (B), by striking ``proven'' and
inserting ``evidence-based'';
(6) in paragraph (10)(C)--
(A) by inserting ``, on the State eligible training
provider list,'' after ``identify''; and
(B) by inserting ``that operate in or are
accessible to individuals'' after ``training
services''; and
(7) in paragraph (12)(A), by striking ``activities'' and
inserting ``funds allocated to the local area under section
128(b) and section 133(b) for the youth workforce development
activities described in section 129 and local employment and
training activities described in section 134(b), and the
activities''.
(c) Limitations.--Section 107(g)(1)(D) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3122(g)(1)(D)) is amended by striking
``needed or'' and inserting the following: ``, that the local board is
failing to meet the requirements for eligible providers of training
services under section 122, or''.
SEC. 117. LOCAL PLAN.
Section 108 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3123) is amended--
(1) in subsection (a)--
(A) by striking ``section 102(b)(1)(E)'' and
inserting ``section 102(b)(1)(F); and
(B) by striking ``shall prepare'' and inserting
``may prepare''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (D),
(E), and (F) as subparagraphs (E), (F), and
(H), respectively;
(ii) by inserting the following after
subparagraph (C):
``(D) a description of--
``(i) how the local area will use real-time
labor market information to continually assess
the economic conditions and workforce trends
described in subparagraphs (A), (B), and (C);
and
``(ii) how changes in such conditions or
trends will be communicated to jobseekers,
education and training providers, and employers
in the local area;'';
(iii) in subparagraph (F), as so
redesignated, by striking ``and'' at the end;
and
(iv) by inserting after subparagraph (F),
as so redesignated, the following:
``(G) an analysis, which may be conducted in
coordination with the State, of the opportunity youth
population in the local area including the estimated
number of such youth and any gaps in services for such
population from other existing workforce development
activities, as identified under paragraph (9), and a
description of how the local board will address any
such gaps in services identified in such analysis;
and'';
(B) in paragraph (2), by striking ``section
102(b)(1)(E)'' and inserting ``section 102(b)(1)(F);
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``and'' at the end
of clause (iii); and
(II) by adding at the end the
following:
``(v) carry out any statewide skills-based
initiatives identified in the State plan that
promote the use of demonstrated skills and
competencies as an alternative to the exclusive
use of degree attainment as a requirement for
employment or advancement in a career; and'';
and
(ii) in subparagraph (B), by striking
``customized training'' and inserting
``employer-directed skills development'';
(D) in paragraph (6)(B), by inserting ``, such as
the use of affiliated sites'' after ``means'';
(E) in paragraph (9)--
(i) by striking ``including activities''
and inserting the following: ``including--
``(A) the availability of community based
organizations that serve youth primarily during
nonschool time hours to carry out activities under
section 129;
``(B) activities'';
(ii) in subparagraph (B), as so
redesignated--
(I) by inserting ``or evidence-
based'' after ``successful''; and
(II) by adding ``and'' at the end;
and
(iii) by adding at the end the following:
``(C) the availability of preapprenticeship and
apprenticeship programs serving youth;'';
(F) in paragraph (12), by inserting ``including as
described in section 134(c)(2),'' after ``system,'';
and
(G) in paragraph (13), by inserting before the
semicolon at the end the following: ``, and encourage
eligible youth who are enrolled in adult education and
literacy activities under title II to co-enroll in
youth workforce investment activities carried out by
the local board, as appropriate''.
CHAPTER 3--PERFORMANCE ACCOUNTABILITY
SEC. 119. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) State Performance Accountability Measures.--
(1) Primary indicators of performance.--Section
116(b)(2)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3141(b)(2)(A)) is amended--
(A) in clause (i)--
(i) in subclause (II)--
(I) by striking ``fourth'' and
inserting ``second''; and
(II) by inserting ``and remain in
unsubsidized employment during the
fourth quarter after exit from the
program'' after ``the program'';
(ii) in subclause (IV), by striking
``secondary school diploma'' and inserting
``regular high school diploma'';
(iii) in subclause (V)--
(I) by striking ``, during a
program year,'';
(II) by striking ``are in'' and
inserting ``enter into''; and
(III) by inserting before the
semicolon at the end the following:
``within 12 months after the quarter in
which the participant enters into the
education and training program''; and
(iv) by amending subclause (VI) to read as
follows:
``(VI) of the program participants
who received training services during a
program year, the percentage of such
program participants who participated
in on-the-job training, employer-
directed skills development, incumbent
worker training, or an
apprenticeship.'';
(B) in clause (ii)--
(i) in subclause (II)--
(I) by striking ``fourth'' and
inserting ``second'';
(II) by inserting ``, and who
remain either in such activities or
unsubsidized employment during the
fourth quarter after exit from the
program'' after ``the program''; and
(III) by striking ``and'' at the
end;
(ii) in subclause (III)--
(I) by striking ``(VI)'' and
inserting ``(V)''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(IV) of the program participants
who exited the program during a program
year, the percentage of such program
participants who completed, prior to
such exit, a work experience as
described in section 129(c)(2)(C).'';
and
(C) in clause (iii), by striking ``secondary school
diploma'' and inserting ``regular high school
diploma''; and
(D) by striking clause (iv).
(2) Levels of performance.--Section 116(b)(3)(A) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(3)(A)) is amended--
(A) by amending clause (iii) to read as follows:
``(iii) Identification in state plan.--
``(I) Secretaries.--For each State
submitting a State plan, the Secretary
of Labor and the Secretary of Education
shall, not later than January 15 of the
year in which such State plan is
submitted, for the first 2 program
years covered by the State plan, and
not later than January 15 of the second
program year covered by the State plan,
for the third and fourth program years
covered by the State plan--
``(aa) propose to the State
expected levels of performance,
for each of the corresponding
primary indicators of
performance for each of the
programs described in clause
(ii) for such State, which
shall--
``(AA) be
consistent with the
factors listed in
clause (v); and
``(BB) be proposed
in a manner that
ensures sufficient time
is provided for the
State to evaluate and
respond to such
proposals; and
``(bb) publish, on a public
website of the Department of
Labor, the statistical model
developed under clause (viii)
and the methodology used to
develop each such expected
level of performance.
``(II) States.--Each State shall--
``(aa) evaluate each of the
expected levels of performance
proposed under subclause (I)
with respect to such State;
``(bb) based on such
evaluation of each such
expected level of performance--
``(AA) accept the
expected level of
performance as so
proposed; or
``(BB) provide a
counterproposal for
such expected level of
performance, including
an analysis of how the
counterproposal
addresses factors or
circumstances unique to
the State that may not
have been accounted for
in the expected level
of performance; and
``(cc) include in the State
plan, with respect to each of
the corresponding primary
indicators of performance for
each of the programs described
in clause (ii) for such State--
``(AA) the expected
level of performance
proposed under
subclause (I);
``(BB) the
counterproposal for
such proposed level, if
any; and
``(CC) the level of
performance that is
agreed to under clause
(iv).'';
(B) in clause (iv)--
(i) in subclause (I)--
(I) in the second sentence, by
striking ``the levels identified in the
State plan under clause (iii) and the
factors described in clause (v)'' and
inserting ``the factors described in
clause (v) and any counterproposal, and
the analysis provided by the State with
such counterproposal, described in
clause (iii)(II)(bb)(BB)''; and
(II) in the third sentence, by
striking ``incorporated into the State
plan'' and inserting ``included in the
State plan, as described in clause
(iii)(II)(cc),''; and
(ii) in subclause (II)--
(I) in the second sentence, by
striking ``the factors described in
clause (v)'' and inserting ``the
factors described in clause (v) and any
counterproposal, and the analysis
provided by the State with such
counterproposal, described in clause
(iii)(II)(bb)(BB)''; and
(II) in the third sentence, by
striking ``incorporated into the State
plan'' and inserting ``included in the
State plan, as described in clause
(iii)(II)(cc),''; and
(C) in clause (v)(II)--
(i) in the matter preceding item (aa), by
striking ``based on'' and inserting ``based on
each consideration that is found to be
predictive of performance on an indicator for a
program and consists of''; and
(ii) in item (bb), by striking ``ex-
offender status, and welfare dependency'' and
inserting ``justice-involved individual status,
foster care status, school status, education
level, highest grade level completed, low-
income status, and receipt of public
assistance''.
(b) Performance Reports.--Section 116(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(d)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Templates for performance reports.--Not later
than 12 months after the date of enactment of the A
Stronger Workforce for America Act, the Secretary of
Labor, in conjunction with the Secretary of Education,
shall develop, or review and modify, as appropriate, to
comply with the requirements of this subsection, the
templates for performance reports that shall be used by
States (including by States on behalf of eligible
providers of training services under section 122) and
local areas to produce a report on outcomes achieved by
the core programs. In developing, or reviewing and
modifying, such templates, the Secretary of Labor, in
conjunction with the Secretary of Education, shall take
into account the need to maximize the value of the
templates for workers, jobseekers, employers, local
elected officials, State officials, Federal
policymakers, and other key stakeholders.
``(B) Standardized reporting.--In developing, or
reviewing and modifying, the templates under
subparagraph (A), the Secretary of Labor, in
conjunction with the Secretary of Education, shall
ensure that States and local areas, in producing
performance reports for core programs and eligible
providers of training services, collect and report
information on common data elements--
``(i) in a comparable and uniform format;
and
``(ii) using terms that are assigned
identical meanings across all such reports.
``(C) Additional reporting.--The Secretary of
Labor, in conjunction with the Secretary of Education--
``(i) in addition to the information on the
common data elements, may require additional
information with respect to any core program as
necessary for effective reporting; and
``(ii) shall periodically review any such
requirement for additional information to
ensure the requirement is necessary and does
not impose an undue reporting burden.
``(D) Privacy.--The Secretary of Labor, in
conjunction with the Secretary of Education, shall
ensure subparagraph (B) is carried out in a manner that
protects and promotes individual privacy and data
security, in accordance with applicable Federal privacy
laws.
``(E) Access to wage records.--
``(i) Access.--A State may facilitate for a
local area that meets the requirements of
clause (ii), for the sole purpose of fulfilling
the reporting requirements under this
subsection, access to the quarterly wage
records (excluding such records made available
by any other State) of program participants in
the local area.
``(ii) Privacy protections.--To receive
access to such quarterly wage records, the
local area shall have demonstrated to the State
the ability to comply, and agree to comply,
with all applicable Federal and State
requirements relating to the access and use of
such quarterly wage records, including
requirements relating to data privacy and
cybersecurity.'';
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``, and
aggregated to compare those levels of performance for
all individuals with barriers to employment with those
levels of performance for all other individuals''
before the semicolon at the end;
(B) in subparagraphs (D) and (F), by striking
``career and training services, respectively'' and
inserting ``career services, training services, and
supportive services, respectively'';
(C) by redesignating subparagraphs (J) through (L)
as subparagraphs (K) through (M), respectively and
inserting after subparagraph (I) the following:
``(J) the median earnings gain of participants who
received training services, calculated as the median
value of the difference between--
``(i) participant earnings in unsubsidized
employment during the 4 quarters after program
exit; and
``(ii) participant earnings in the 4
quarters prior to entering the program;''; and
(D) in subparagraph (L), as so redesignated--
(i) by striking clause (ii); and
(ii) by striking ``strategies for
programs'' and all that follows through ``the
performance'', and inserting ``strategies for
programs, the performance'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``(L)'' and
inserting ``(M)'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (F); and
(D) by inserting after subparagraph (B) the
following:
``(C) the percentage of the local area's allocation
under section 133(b) that the local area spent on
services paid for through an individual training
account described in section 134(c)(3)(F)(iii) or a
training contract described in section
134(c)(3)(G)(ii);
``(D) the percentage of the local area's allocation
under section 133(b) that the local area spent on
supportive services;
``(E) the percentage of the local area's allocation
under section 133(b), if any, that is spent on
incumbent worker training, disaggregated by whether the
amount so spent was spent on the provision of incumbent
worker training through contracts or through incumbent
worker upskilling accounts described in section
134(d)(4)(E); and'';
(4) by amending paragraph (4) to read as follows:
``(4) Contents of eligible training providers performance
report.--
``(A) In general.--The State shall use the
information submitted by the eligible providers of
training services under section 122 and administrative
records, including quarterly wage records, of the
participants of the programs offered by the providers
to produce a performance report on the eligible
providers of training services in the State, which
shall include, subject to paragraph (6)(C)--
``(i) with respect to each program of study
(or the equivalent) of a provider on the list
described in section 122(d)--
``(I) information specifying the
levels of performance achieved with
respect to the primary indicators of
performance described in subclauses (I)
through (IV) of subsection (b)(2)(A)(i)
with respect to all individuals
engaging in the program of study (or
the equivalent); and
``(II) the total number of
individuals exiting from the program of
study (or the equivalent),
disaggregated by whether such
individuals completed the program of
study (or equivalent); and
``(ii) with respect to all eligible
providers of training services under section
122--
``(I) the total number of
participants who received training
services through each adult and
dislocated worker program authorized
under chapter 3 of subtitle B,
disaggregated by the type of entity
that provided the training services,
during the most recent program year and
the 3 preceding program years;
``(II) the total number of
participants who exited from training
services, disaggregated by the type of
entity that provided the training
services, and by whether such
participants completed the training
services, during the most recent
program year and the 3 preceding
program years;
``(III) the average cost per
participant for the participants who
received training services,
disaggregated by the type of entity
that provided the training, during the
most recent program year and the 3
preceding program years;
``(IV) the average of the per-
program ratios of median earnings
increase for a participant to the total
cost of the provider's program, as
described in section
122(b)(5)(B)(i)(III) for the
participant; and
``(V) the number of individuals
with barriers to employment served by
each adult and dislocated worker
program authorized under chapter 3 of
subtitle B, disaggregated by each
subpopulation of such individuals, and
by race, ethnicity, sex, and age; and
``(iii) to the extent practicable, with
respect to each recognized postsecondary
credential on the list of credentials awarded
by eligible providers in the State described in
section 122(d)(2)--
``(I) information specifying the
levels of performance achieved with
respect to the primary indicators of
performance described in subclauses (I)
through (IV) of subsection (b)(2)(A)(i)
for all participants in the State
receiving such credential; and
``(II) information specifying the
levels of performance achieved with
respect to the primary indicators of
performance described in subclauses (I)
through (IV) of subsection (b)(2)(A)(i)
for participants in the State receiving
such credential who are individuals
with barriers to employment,
disaggregated by each subpopulation of
such individuals, and by race,
ethnicity, sex, and age.''; and
(5) in paragraph (6)--
(A) by amending subparagraph (A) to read as
follows:
``(A) State performance reports.--The Secretary of
Labor and the Secretary of Education shall annually
make available the performance reports for States
containing the information described in paragraph (2),
which shall include making such reports available--
``(i) digitally using transparent, linked,
open, and interoperable data formats that are
human readable and machine actionable such that
the data from these reports--
``(I) are easily understandable;
and
``(II) can be easily included in
web-based tools and services supporting
search, discovery, comparison,
analysis, navigation, and guidance;
``(ii) in a printable format; and
``(iii) in multiple languages, to the
extent practicable.'';
(B) in subparagraph (B)--
(i) by striking ``(including by electronic
means), in an easily understandable format,'';
and
(ii) by adding at the end the following:
``The Secretary of Labor and the Secretary of
Education shall include, on the website where
the State performance reports are required
under subparagraph (A) to be made available, a
link to local area performance reports and the
eligible provider of training services report
for each State. Such reports shall be made
available in each of the formats described in
subparagraph (A).''; and
(C) by adding at the end the following:
``(E) Rule of construction.--Nothing in this
subsection shall be construed to require the
retroactive collection of information, from program
years prior to the effective date described in section
502(a)(1) of the A Stronger Workforce for America Act,
that was not required under this subsection prior to
that effective date.''.
(c) Evaluation of State Programs.--Section 116(e) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(e)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``shall
conduct ongoing'' and inserting ``shall use data to
conduct analyses and ongoing''; and
(B) in the second sentence, by striking ``conduct
the'' and inserting ``conduct such analyses and''; and
(2) in paragraph (2), by adding ``A State may use various
forms of analysis, such as machine learning or other advanced
analytics, to improve program operations and outcomes and to
identify areas for further evaluation.'' at the end.
(d) Sanctions for State Failure To Meet State Performance
Accountability Measures.--Section 116(f) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3141(f)) is amended to read as follows:
``(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
``(1) Targeted support and assistance.--
``(A) In general.--If a State fails to meet 80
percent of the State adjusted level of performance for
an indicator described in subsection (b)(2)(A)
(referred to in the regulations carrying out this
section as an `individual indicator score') for a core
program for any program year, the Secretary of Labor
and the Secretary of Education shall provide technical
assistance.
``(B) Sanctions.--
``(i) In general.--If the State fails in
the manner described in subclause (I) or (II)
of clause (ii) with respect to the program year
specified in that subclause, the percentage of
each amount that could (in the absence of this
subsection) be reserved by the Governor under
section 128(a)(1) for the immediately
succeeding program year shall be reduced by 5
percent and an amount equivalent to the amount
reduced shall be returned to the Secretary of
Labor until such date as the Secretary of Labor
or the Secretary of Education, as appropriate,
determines that the State meets the State
adjusted level of performance, in the case of a
failure described in clause (ii)(II), or has
submitted the reports for the appropriate
program years, in the case of a failure
described in clause (ii)(I).
``(ii) Failures.--A State shall be subject
to clause (i)--
``(I) if (except in the case of
exceptional circumstances as determined
by the Secretary of Labor or the
Secretary of Education, as
appropriate), such State fails to
submit a report under subsection (d)
for any program year; or
``(II) for a failure under
subparagraph (A) that has continued for
a second consecutive program year.
``(2) Comprehensive support and assistance.--
``(A) In general.--If a State fails to meet an
average of 90 percent of the State adjusted levels of
performance for a single core program across all
indicators of performance (referred to in the
regulations carrying out this section as an `overall
State program score') for any program year, or if a
State fails to meet an average of 90 percent of the
State adjusted levels of performance for a single
indicator of performance across all core programs
(referred to in the regulations carrying out this
section as an `overall State indicator score') for any
program year, the Secretary of Labor and the Secretary
of Education shall provide technical assistance, as
described and authorized under section 168(b),
including assistance in the development of a
comprehensive performance improvement plan.
``(B) Second consecutive year failure.--If such
failure under subparagraph (A) continues for a second
consecutive program year, the percentage of each amount
that could (in the absence of this subsection) be
reserved by the Governor under section 128(a)(1) for
the immediately succeeding program year shall be
reduced by 8 percent and an amount equivalent to the
amount reduced shall be returned to the Secretary of
Labor until such date as the Secretary of Labor or the
Secretary of Education, as appropriate, determines that
the State meets such State adjusted levels of
performance.
``(3) Limitation.--The total reduction under this
subsection to the percentage of each amount that could (in the
absence of this subsection) be reserved by the Governor under
section 128(a)(1) may not exceed 10 percent for a program year.
``(4) Reallotment of reductions.--
``(A) In general.--The amounts available for
reallotment for a program year shall be reallotted to a
State (in this paragraph referred to as an `eligible
State') that--
``(i) was not subject to a reduction of
funds under paragraph (1)(B) or paragraph
(2)(B) of this subsection for such program
year;
``(ii) in the case of amounts available
under section 127(b)(1)(C), was 1 of the 5
States that achieved, in the most recent
program year, the greatest increase from the
prior year to the average of the State's
adjusted levels of performance across all
indicators of performance for the youth program
under chapter 2 of subtitle B;
``(iii) in the case of amounts available
under section 132(b)(1)(B), was 1 of the 5
States that achieved, in the most recent
program year, the greatest increase from the
prior year to the average of the State's
adjusted levels of performance across all
indicators of performance for the adult program
under chapter 3 of subtitle B; and
``(iv) in the case of amounts available
under section 132(b)(2)(B), was 1 of the 5
States that achieved, in the most recent
program year, the greatest increase from the
prior year to the average of the State's
adjusted levels of performance across all
indicators of performance for the dislocated
worker program under chapter 3 of subtitle B.
``(B) Amounts available for reallotment.--In this
paragraph, the term `amounts available for reallotment
for a program year' means the amounts available under
section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B)
of section 132(b) for such program year which could (in
the absence of the requirements to return funds of
paragraph (1)(B) or paragraph (2)(B) of this
subsection) have otherwise been reserved under section
128(a)(1) by a Governor of a State for such program
year.
``(C) Reallotment amounts.--In making reallotments
under subparagraph (A) for a program year to eligible
States, the Secretary shall allot to each eligible
State--
``(i) in the case of amounts available
under section 127(b)(1)(C), an amount based on
the relative amount of the allotment made
(before the reallotments under this paragraph
are made) to such eligible State under section
127(b)(1)(C) for such program year, compared to
the total allotments made (before the
reallotments under this paragraph are made) to
all eligible States under section 127(b)(1)(C)
for such program year;
``(ii) in the case of amounts available
under paragraph (1)(B) of section 132(b), an
amount based on the relative amount of the
allotment made (before the reallotments under
this paragraph are made) to such eligible State
under paragraph (1)(B) of section 132(b) for
such program year, compared to the total
allotments made (before the reallotments under
this paragraph are made) to all eligible States
under paragraph (1)(B) of section 132(b) for
such program year; and
``(iii) in the case of amounts available
under paragraph (2)(B) of section 132(b), an
amount based on the relative amount of the
allotment made (before the reallotments under
this paragraph are made) to such eligible State
under paragraph (2)(B) of section 132(b) for
such program year, compared to the total
allotments made (before the reallotments under
this paragraph are made) to all eligible States
under paragraph (2)(B) of section 132(b) for
such program year.''.
(e) Sanctions for Local Area Failure To Meet Local Performance
Accountability Measures.--Section 116(g) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3141(g)) is amended--
(1) in paragraph (1)--
(A) by inserting ``80 percent of the'' before
``local performance''; and
(B) by striking ``local performance accountability
measures established under subsection (c)'' and
inserting ``local level of performance established
under subsection (c) for an indicator of performance
described in subsection (b)(2)(A) for a single program,
an average of 90 percent of the local levels of
performance across all such indicators for a single
program, or an average of 90 percent of the local
levels of performance for a single such indicator
across all programs,''; and
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) In general.--If such failure continues, the
Governor shall take corrective actions, which shall
include--
``(i) in the case of such failure, as
described in paragraph (1), for a second
consecutive year, on any single indicator,
across indicators for a single program, or on a
single indicator across programs, a 5-percent
reduction in the amount that would (in the
absence of this clause) be allocated to the
local area for the immediately succeeding
program year under chapter 2 or 3 of subtitle B
for the program subject to the performance
failure;
``(ii) in the case of such failure, as
described in paragraph (1), for a third
consecutive year, the development of a
reorganization plan through which the Governor
shall--
``(I) require the appointment and
certification of a new local board,
consistent with the criteria
established under section 107(b);
``(II) prohibit the use of one-stop
delivery system contractors or service
providers identified as achieving a
poor level of performance; and
``(III) redesignate a local area
(which may include merging a local area
with another local area), if the
Governor determines that the likely
cause of such continued performance
failure of a local area is due to such
local area's designation being granted
without the appropriate consideration
of parameters described under section
106(b)(1)(B); or
``(iii) taking another significant action
determined appropriate by the Governor.'';
(B) in subparagraph (B)(i), by inserting ``(ii)''
after ``subparagraph (A)''; and
(C) by adding at the end the following:
``(D) Reallocation of reductions.--With respect to
any amounts available to carry out section 128(b),
paragraph (2)(A) or (3) of section 133(b), and section
133(b)(2)(B) to a Governor for a program year which
would (in the absence of subparagraph (A)(i)) have
otherwise been allocated by such Governor to a local
area (referred to individually in this subparagraph as
an `unallocated amount') for such program year--
``(i) 10 percent of those 3 unallocated
amounts shall be reserved by the Governor to
provide technical assistance to local areas
within the State that were subject to a
reduction of allocation amounts pursuant to
subparagraph (A)(i) for such program year; and
``(ii) the amounts remaining after the
reservations under clause (i) shall be
reallocated by the Governor, to the local areas
within the State that were not subject to a
reduction of allocation amounts pursuant to
subparagraph (A)(i) for such program year, in a
manner determined by the Governor, which may
take into consideration the extent to which
local areas serve a significant number, as
determined by the Governor, of individuals with
barriers to employment.''.
(f) Establishing Pay-for-Performance Contract Strategy
Incentives.--Section 116(h) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3141(h)) is amended by striking ``non-Federal funds''
and inserting ``not more than 5 percent of the funds reserved under
section 128(a)(1)''.
(g) Information and Technical Assistance.--Section 116 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3141) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``(i) Information and Technical Assistance.--Beginning not later
than 12 months after the date of enactment of the A Stronger Workforce
for America Act, the Secretary of Labor shall hold meetings with each
State board and State agency that administers a core program, and that
requests such a meeting, to provide information and technical
assistance concerning the performance accountability measures
established in accordance with subsection (b), and related requirements
for States under this section.''.
(h) Fiscal and Management Accountability Information Systems.--
Section 116(j) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3141(j)), as so redesignated, is amended--
(1) in the first sentence of paragraph (2), by inserting
``, and may use information provided from the National
Directory of New Hires in accordance with section 453(j)(8) of
the Social Security Act (42 U.S.C. 653(j)(8))'' after ``State
law'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Designated entity.--The Governor shall designate a
State agency (or appropriate State entity) to assist in
carrying out the performance reporting requirements of this
section for core programs and eligible providers of training
services. The designated State agency (or appropriate State
entity) shall be responsible for--
``(A) facilitating data matches using quarterly
wage record information, including wage record
information made available by other States, to measure
employment and earnings outcomes;
``(B) notifying State agencies that administer core
programs and eligible providers of training services of
the State's procedures for data validation and
reliability, as described in subsection (d)(5); and
``(C) protection against disaggregation that would
violate applicable privacy standards, as described in
subsection (d)(6)(C).''.
(i) Implementation of Performance Accountability Measures.--Section
116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141) is
amended by adding at the end the following:
``(k) Implementation of Performance Accountability Measures.--Not
later than 12 months after the date of enactment of the A Stronger
Workforce for America Act, the Secretary of Labor and the Secretary of
Education shall fully implement the requirements of this section for
programs described in subsection (b)(3)(A)(iv), including--
``(1) developing and disseminating the objective
statistical adjustment model described in subsection
(b)(3)(A)(viii) and using the model as described in subsection
(b)(3)(A)(viii) for each program; and
``(2) notifying the State agencies carrying out such
programs of the performance accountability measures established
under this section, of the reporting and evaluation
requirements for such programs, and of the sanctions
requirements for programs that fail to meet State adjusted
levels of performance under subsection (b)(3)(A)(iv).''.
Subtitle C--Workforce Investment Activities and Providers
CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) One-Stop Partners.--Section 121(b) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in clause (xi), by inserting ``and'' at
the end;
(ii) by striking clause (xii); and
(iii) by redesignating clause (xiii) as
clause (xii); and
(B) in subparagraph (C), by striking ``subparagraph
(B)(xiii)'' and inserting ``subparagraph (B)(xii)'';
and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``With'' and
inserting ``At the direction of the Governor or with'';
and
(B) in subparagraph (B)--
(i) in clause (vi), by striking ``and'' at
the end;
(ii) by redesignating clause (vii) as
clause (viii);
(iii) by inserting after clause (vi) the
following:
``(vii) any applicable economic development
and workforce development programs carried out
in the State--
``(I) by the Economic Development
Administration;
``(II) under Public Law 117-167
(commonly known as the `CHIPS and
Science Act of 2022');
``(III) under the Infrastructure
Investment and Jobs Act (Public Law
117-58); or
``(IV) under Public Law 117-168
(commonly known as the `Inflation
Reduction Act of 2022'); and''; and
(iv) in clause (viii), as so redesignated--
(I) by inserting ``opportunity
youth services,'' after ``education,'';
and
(II) by inserting ``, by community-
based organizations,'' after
``libraries''.
(b) Memorandum of Understanding.--Section 121(c)(2)(A)(iv) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3151(c)(2)(A)(iv))
is amended by striking ``access to services, including access to
technology and materials, made'' and inserting ``access or referral to
services, including access or referral to technology, materials, and
other supportive services, made''.
(c) One-Stop Operators.--Section 121(d) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(d)) is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2) and (5)'';
(2) in paragraph (2)(B)--
(A) in the matter preceding clause (i), by
inserting ``(including effectiveness in serving
individuals with barriers to employment)'' after
``demonstrated effectiveness'';
(B) in clause (i), by inserting after ``education''
the following: ``or an area career and technical
education school'';
(C) in clause (v), by striking ``and'';
(D) by redesignating clause (vi) as clause (viii);
(E) by inserting after clause (v) the following:
``(vi) a public library;
``(vii) a local board that meets the
requirements of paragraph (4); and''; and
(F) in clause (viii), as so redesignated, by
inserting after ``labor organization'' the following:
``or joint labor-management organization'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) Responsibilities.--
``(A) In general.--In operating a one-stop delivery
system referred to in subsection (e), a one-stop
operator--
``(i) shall--
``(I) manage the physical and
virtual infrastructure and operations
of the one-stop delivery system in the
local area;
``(II) facilitate coordination
among the one-stop partners in such
one-stop delivery system; and
``(III) take the necessary steps to
ensure efficient and effective service
delivery for individuals served by the
one-stop delivery system, including
individuals with barriers to
employment; and
``(ii) may, subject to the requirements
under subparagraph (B), directly provide
services to job seekers and employers.
``(B) Internal controls.--In a case in which a one-
stop operator seeks to operate as a service provider
pursuant to subparagraph (A)(ii), the local board shall
establish internal controls (which shall include
written policies and procedures)--
``(i) with respect to the competition in
which the one-stop operator will compete to be
selected as such service provider, and the
subsequent oversight, monitoring, and
evaluation of the performance of such one-stop
operator as such service provider; and
``(ii) which--
``(I) require compliance with--
``(aa) relevant Office of
Management and Budget circulars
relating to conflicts of
interest; and
``(bb) any applicable State
conflict of interest policy;
and
``(II) prohibit a one-stop operator
from developing, managing, or
conducting the competition in which the
operator intends to compete to be
selected as a service provider.
``(4) Local boards as one-stop operators.--Subject to
approval from the chief elected official and Governor and in
accordance with any other eligibility criteria established by
the State, a local board may serve as a one-stop operator, if
the local board--
``(A) enters into a written agreement with the
chief elected official that clarifies how the local
board will carry out the functions and responsibilities
as a one-stop operator in a manner that complies with
the appropriate internal controls to prevent any
conflicts of interest, which shall include how the
local board, while serving as a one-stop operator,
will--
``(i) comply with the relevant Office of
Management and Budget circulars relating to
conflicts of interest; and
``(ii) any applicable State conflict of
interest policy; and
``(B) complies with the other applicable
requirements of this subsection.''.
(d) One-Stop Delivery.--Section 121(e) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(e)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) provide referrals to supportive services, to
the extent practicable;'';
(2) in paragraph (2)--
(A) in subparagraph (A), to read as follows:
``(A) shall make each of the programs, services
(meaning a referral in the case of supportive services,
for the purposes of this paragraph), and activities
described in paragraph (1) available--
``(i) at not less than 1 physical or
virtual center for each local area of the
State, except that, in the case of 1 or more
local areas that share at least 1 common
border, each such local area may share--
``(I) a virtual center if the local
area complies with subparagraph (E); or
``(II) a physical center, if such
center is located in a location that
promotes accessibility to services for
individuals residing in all such local
areas served by the center; and
``(ii) in a manner that is designed to
promote efficiency, coordination, quality, and
accessibility for individuals with barriers to
employment, as determined by the local board,
in the delivery of such programs, services, and
activities;'';
(B) in subparagraph (B)(i), by inserting after
``affiliated sites'' the following: ``(such as a site
of any of the entities described in subsection
(d)(2)(B))'';
(C) in subparagraph (C)--
(i) by inserting after ``centers'' the
following: ``(which may be virtual or physical
centers)''; and
(ii) by striking ``and'' at the end;
(D) in subparagraph (D)--
(i) by striking ``as applicable and
practicable, shall'' and inserting ``in the
case of a one-stop delivery system that is
making each of the programs, services, and
activities described in paragraph (1)
accessible at not less than 1 physical center,
as described in subparagraph (A)(i)(II), shall,
as applicable and practicable,''; and
(ii) by striking the period at the end and
inserting ``, and local areas that share at
least 1 common border may coordinate in making
such programs, services, and activities
accessible through electronic means through
such a one-stop delivery system; and''; and
(E) by inserting after subparagraph (D) the
following:
``(E) in the case of a one-stop delivery system
that is making each of the programs, services, and
activities accessible through electronic means, as
described in subparagraph (A)(i)(I), shall have not
fewer than 2 affiliated sites (not fewer than 1 of
which will have not fewer than 1 professional staff
member) with a physical location where individuals can
access, virtually, each of the programs, services, and
activities described in paragraph (1) that are
virtually accessible.''; and
(3) in paragraph (4), by inserting after the first sentence
the following: ``The system identifier shall be prominently and
visibly displayed at each comprehensive and specialized one-
stop center operated by the one-stop delivery system, including
physical and virtual centers identified in paragraph (2)(A),
and the sites and centers described in subparagraphs (B)
through (E) of paragraph (2).''.
(e) Certification and Improvement Criteria.--Section 121(g)(2)(A)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3151(g)(2)(A)) is amended by striking ``under subsections (h)(1)'' and
inserting ``under subsections (h)(1)(C)''.
(f) Funding of One-Stop Infrastructure.--Section 121(h) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3151(h)) is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1), as so redesignated--
(A) by amending subparagraph (B) to read as
follows:
``(B) Partner contributions.--Subject to
subparagraph (D), the covered portions of funding for a
fiscal year shall be provided to the Governor from the
programs described in subsection (b)(1) to pay the
costs of infrastructure of one-stop centers in local
areas of the State.'';
(B) in subparagraph (C)(i)--
(i) by striking ``for funding pursuant to
clause (i)(II) or (ii) of paragraph (1)(A) by
each partner,''; and
(ii) by striking the third sentence; and
(C) in subparagraph (D)--
(i) in clause (ii), by striking ``For local
areas in a State that are not covered by
paragraph (1)(A)(i)(I), the'' and inserting
``The'';
(ii) in clause (ii)--
(I) in subclause (I)--
(aa) by striking ``Wia'' in
the header and inserting
``Wioa''; and
(bb) by striking ``3
percent'' and inserting ``5
percent''; and
(II) by striking subclause (III)
and inserting the following:
``(III) Vocational
rehabilitation.--Notwithstanding
subclauses (I) and (II), an entity
administering a program described in
subsection (b)(1)(B)(iii) shall not be
required to provide from that program,
under this paragraph, a portion that
exceeds 1.5 percent of the amount of
Federal funds provided to carry out
such program in the State for a program
year.''; and
(iii) in clause (iii), by striking ``For
local areas in a State that are not covered by
paragraph (1)(A)(i)(I), an'' and inserting
``An'';
(4) in paragraph (2), as so redesignated--
(A) in subparagraph (A), by striking ``purposes of
assisting in'' and inserting ``purpose of''; and
(B) in subparagraph (B)--
(i) in the first sentence, by striking
``not funding costs of infrastructure under the
option described in paragraph (1)(A)(i)(I)'';
and
(ii) in the second sentence, by inserting
after ``local area,'' the following: ``the
intensity of services provided by such centers,
the number and types of one-stop partners
engaged by or providing services through such
centers'';
(5) by inserting after paragraph (2), as so redesignated,
the following:
``(3) Supplemental infrastructure funding.--For any fiscal
year in which the allocation received by a local area under
paragraph (2) is insufficient to cover the total costs of
infrastructure of one-stop centers in such local area, the
local board, the chief elected official, and the one-stop
partners that have entered into the local memorandum of
understanding with the local board under subsection (c) may
agree to fund the remainder of any such costs using a method
described in such memorandum.''; and
(6) in paragraph (4), by inserting after ``operation of the
one-stop center'' the following: ``(whether for in-person or
virtual service delivery)''.
(g) Other Funds.--Section 121(i)(2) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3151(i)(2)) is amended by striking
``intake,'' and all that follows through ``skills,'' and inserting
``intake, case management, assessment of needs, appraisal of
foundational skill needs,''.
SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.
(a) In General.--Section 122 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152) is amended--
(1) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively;
(2) by striking the section heading and all that follows
through subsection (e) and inserting the following:
``SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.
``(a) Eligibility.--
``(1) In general.--Except as provided in subsection (i),
the Governor, after consultation with the State board and
considering the State's adjusted levels of performance
described in section 116(b)(3)(A)(iv), shall establish--
``(A) procedures regarding the eligibility of
providers of training services to receive funds
provided under section 133(b) for the provision of
training services through programs with eligibility
under this section (in this section referred to as
`eligible programs') in local areas in the State; and
``(B) the minimum levels of performance on the
criteria for a program to receive such eligibility.
``(2) Providers.--Subject to the provisions of this
section, to be eligible to receive those funds for the
provision of training services, the provider shall be--
``(A) an institution of higher education that
provides a program that leads to a recognized
postsecondary credential;
``(B) an entity that carries out programs
registered under the Act of August 16, 1937 (commonly
known as the `National Apprenticeship Act'; 50 Stat.
664, chapter 663; 29 U.S.C. 50 et seq.); or
``(C) another public or private provider of a
program of training services, which may include joint
labor-management organizations, providers of
entrepreneurial skills development programs, industry
or sector partnerships, groups of employers, trade or
professional associations, and eligible providers of
adult education and literacy activities under title II
(if such activities are provided in combination with
occupational skills training or integrated education
and training programs).
``(3) Inclusion in list of eligible providers.--A provider
described in subparagraph (A) or (C) of paragraph (2) shall
comply with the criteria, information requirements, and
procedures established under this section to be included on the
list of eligible providers of training services described in
subsection (d). A provider described in paragraph (2)(B) shall
be included and maintained on the list of eligible providers of
training services described in subsection (d) for so long as
the corresponding program of the provider remains registered as
described in paragraph (2)(B).
``(b) Criteria and Information Requirements.--
``(1) General criteria for programs.--Each provider shall
demonstrate to the Governor that the program for which the
provider is seeking eligibility under this section--
``(A) prepares participants to meet the hiring
requirements of potential employers in the State, or a
local area within the State, for employment that--
``(i) is high-skill and high-wage; or
``(ii) is in an in-demand industry sector
or occupation;
``(B) leads to a recognized postsecondary
credential;
``(C) has been offered by the provider for not less
than 1 year; and
``(D) meets the performance requirements for
eligibility described in paragraph (2).
``(2) Performance criteria for eligibility.--
``(A) In general.--The Governor shall--
``(i) establish and publicize minimum
levels of performance for each of the criteria
listed in subparagraph (B) that a program
offered by a provider of training services
shall achieve, for all participants in the
program (including participants for whom the
provider receives payments under this title)
for the program to receive and maintain
eligibility under this section;
``(ii) verify the performance achieved by
such a program with respect to each such
criterion to determine whether the program
meets the corresponding minimum level of
performance established under clause (i)--
``(I) in the case of the criteria
described in (ii) through (iv) of
subparagraph (B), using State
administrative data (such as quarterly
wage records); and
``(II) in the case of the criteria
described in subparagraph (B)(i), using
any applicable method for such
verification; and
``(iii) in verifying the performance
achievement of a program to make such
determination, verify that such program
included a sufficient number of program
participants to protect participants'
personally identifiable information, and to
provide information that is a reliable
indicator of performance achievement.
``(B) Performance criteria.--The performance
criteria to receive and maintain eligibility for a
program under this section are each of the following:
``(i) The credential attainment rate of
program participants (calculated as the
percentage of program participants who obtain
the recognized postsecondary credential that
the program prepares participants to earn
within 6 months after exit from the program).
``(ii) The job placement rate of program
participants (calculated as the percentage of
program participants in unsubsidized employment
during the second quarter after exit from the
program).
``(iii) The median earnings of program
participants who are in unsubsidized employment
during the second quarter after exit from the
program.
``(iv) The ratio of median earnings
increase to the total cost of program,
calculated as the ratio of--
``(I) the median value of the
difference between--
``(aa) participant wages
from unsubsidized employment
during the second quarter after
program exit; and
``(bb) participant wages
during the quarter prior to
entering the program; to
``(II) the total cost of the
program (as described in paragraph
(5)(B)(i)(III)).
``(C) Local criteria.--With respect to any program
receiving eligibility under this section from a
Governor, a local board in the State may require higher
levels of performance than the minimum levels of
performance established by the Governor under this
paragraph for the program to be an eligible program in
the corresponding local area, but may not--
``(i) require any information or
application from the provider that is not
required for such eligibility; or
``(ii) establish a performance requirement
with respect to any criterion not listed in
subparagraph (B).
``(3) Employer-sponsored or industry or sectoral
partnership designation.--
``(A) In general.--The Governor shall establish
procedures and criteria for a provider to demonstrate
that a program meets, in applying for an employer-
sponsored designation for a program that has received
eligibility under this subsection, which shall include
demonstrating a commitment from an employer or an
industry or sectoral partnership to--
``(i) pay to the provider, on behalf of
each participant enrolled in such program under
this Act, not less than 25 percent of the total
cost of the program (as described in paragraph
(5)(B)(i)(III)), which shall be provided in
lieu of 25 percent of the amount that the
provider would have otherwise received under
section 133(b) for the provision of training
services by such program to such participant;
and
``(ii) guarantee an interview and
meaningful consideration for a job with the
employer, or in the case of an industry or
sector partnership, an employer within such
partnership, for each such participant that
successfully completes the program.
``(B) Restriction on financial arrangement.--A
provider of a program receiving an employer-sponsored
designation under this paragraph may not--
``(i) have an ownership stake in the
employer or industry or sectoral partnership
making a commitment described in subparagraph
(A); or
``(ii) enter into an arrangement to
reimburse an employer or partnership for the
costs of a participant paid by such employer or
partnership under this paragraph.
``(4) Workforce innovation leader designation.--
``(A) In general.--If the Governor determines that
a program offered by an eligible provider meets the
minimum levels of performance described in subparagraph
(B) to receive a Workforce Innovation Leader (or WIL)
designation, which designates the program as a WIL
program, the Governor shall grant the program
designation as a WIL program and inform the provider of
such program of their ability to display the WIL seal,
as described in subparagraph (C), in marketing
materials.
``(B) Levels.--A eligible program shall meet the
levels of performance to receive a WIL designation if
such program has achieved--
``(i) a credential attainment rate of
program participants (calculated as the
percentage of program participants who obtain
the recognized postsecondary credential that
the program prepares participants to earn
within 6 months after exit from the program) of
not less than 80 percent;
``(ii) a job placement rate of program
participants (calculated as the percentage of
program participants in unsubsidized employment
during the second quarter after exit from the
program) of not less than 70 percent;
``(iii) median earnings of program
participants who are in unsubsidized employment
during the second quarter after exit from the
program that are not less than 25 percent
greater than the State-level median earnings of
individuals ages 25 through 34 in the labor
force who have only a regular high school
diploma or its recognized equivalent; and
``(iv) a ratio of greater than 1.5 of
median earnings increase to the total cost of
program, calculated as the ratio of--
``(I) the median value of the
difference between--
``(aa) participant wages
from unsubsidized employment
during the second quarter after
program exit; and
``(bb) participant wages
during the quarter prior to
entering the program; to
``(II) the total cost of the
program (as described in paragraph
(5)(B)(i)(III)).
``(C) WIL seal.--Not later than 2 years after the
date of enactment of the A Stronger Workforce for
America Act, the Secretary shall design a seal
signifying that a program has achieved a WIL
designation, for the Governor of each State to provide
to any programs in their State that achieve the
performance necessary to receive a WIL designation.
``(D) Loss of wil designation.--If, during the
annual review of eligibility described in subsection
(c)(3), the Governor determines that a WIL program no
longer meets the levels described in subparagraph (B)
or otherwise has eligibility under this section revoked
or terminated, or the provider of the program has
eligibility terminated under subsection (g)(1)(A), the
Governor shall revoke the program's WIL designation and
inform the provider of such program that such provider
may no longer display the WIL seal in marketing
materials or otherwise.
``(5) Information requirements.--A provider that seeks to
establish eligibility under this section, and an eligible
provider, shall submit appropriate, accurate, and timely
information to the Governor, to enable the Governor to carry
out subsection (d), with respect to all participants in each
eligible program (including participants for whom the provider
receives payments under this title) offered by the provider,
which information shall--
``(A) be made available by the State in a common,
linked, open, and interoperable data format; and
``(B) consist of--
``(i) information on--
``(I) in the case of an eligible
provider offering a program who is
seeking to maintain eligibility, the
performance of the program with respect
to the indicators described in section
116(b)(2)(A) for participants in the
program;
``(II) the recognized postsecondary
credentials received by such
participants, including, in relation to
each such credential, the issuing
entity, any third-party endorsements,
the occupations for which the
credential prepares individuals, the
competencies achieved by the
individuals, the level of mastery of
such competencies (including how
mastery is assessed) achieved by the
individuals, and any transfer value or
stackability;
``(III) the total cost of the
program, including the costs of the
published tuition and fees, supplies,
and books, and any other costs required
by the provider, for a participant in
the program;
``(IV) the percentage of such
participants that complete the program
within the expected time to completion;
and
``(V) the program's level of
performance on the criteria described
in paragraph (2) and not otherwise
included in clause (I) of this clause;
and
``(ii) with respect to employment and
earnings measures described in subclauses (I)
through (III) of section 116(b)(2)(A)(i) and
the performance criteria described in
subsection (b)(2) for such participants--
``(I) the necessary information for
the State to develop program
performance data using State
administrative data (such as quarterly
wage records); and
``(II) the necessary information to
determine the percentage of such
participants who entered unsubsidized
employment in an occupation related to
the program, to the extent practicable.
``(6) Eligible provider.--In this section, other than
subsection (i), a provider of an eligible program under this
section shall be considered to be identified as an eligible
provider of training services.
``(c) Procedures.--
``(1) Application procedures.--The procedures established
under subsection (a) shall identify the application process for
a provider of training services (for a program offered by the
provider) to become eligible to receive funds provided under
section 133(b) for the provision of training services. That
process shall be implemented in a manner that minimizes the
financial and administrative burden on the provider and shall
not require the submission of information in excess of the
information required to determine a program's eligibility under
paragraphs (1), (2), and (5) of subsection (b). The procedures
shall identify the respective roles of the State and local
areas in receiving and reviewing the applications and in making
determinations of such eligibility based on the criteria,
information requirements, and procedures established under this
section. The procedures shall also establish a process, for a
provider of training services to appeal a denial or revocation
or termination of eligibility under this section, that includes
an opportunity for a hearing and prescribes appropriate time
limits to ensure prompt resolution of the appeal.
``(2) Approval.--A Governor shall make a determination of
such eligibility with respect to a program for which the
provider is seeking eligibility under this section not later
than 30 days after receipt of an application submitted by such
provider consistent with the procedures in paragraph (1).
``(3) Renewal procedures.--The procedures established by
the Governor shall also provide for annual review and renewal
of eligibility under this section for a program of training
services that continues to meet the requirements under
paragraphs (1), (2), and (5) of subsection (b).
``(4) Revocation of eligibility.--The procedures
established under subsection (a) shall adhere to the following
requirements for revocation of eligibility by the Governor:
``(A) Failure to provide required information.--
With respect to a provider of training services that is
eligible under this section for a program year with
respect to an eligible program, but that does not
provide the information described in subsection (b)(5)
with respect to such program for such program year
(including information on performance necessary to
determine if the program meets the minimum levels of
performance on the performance criteria to maintain
eligibility), the provider shall be ineligible under
this section with respect to such program for the
program year after the program year for which the
provider fails to provide such information.
``(B) Failure to meet performance criteria.--
``(i) First year.--The provider of an
eligible program that has received eligibility
under subsection (c)(2) for a program year but
fails to meet the minimum levels of performance
on the performance criteria described in
subsection (b)(2) for the most recent program
year for which performance data on such
criteria are available shall be notified of
such failure by the Governor.
``(ii) Second consecutive year.--A program
that fails to meet the minimum levels of
performance for a second consecutive program
year shall be ineligible under this section
with respect to such program for the program
year following such second consecutive program
year and until the program meets the minimum
levels of performance.
``(iii) Reapplication.--A provider that
loses eligibility under this subparagraph with
respect to a program may reapply to receive
eligibility for the program according to the
procedures described in this subparagraph if
the program meets the minimum levels of
performance described in clause (i), for the
most recent program year for which performance
data on the performance criteria are available.
``(C) Repeated failure.--A program for which the
Governor revokes eligibility under subparagraph (A) or
(B)--
``(i) 2 times shall be determined
ineligible under this section by the Governor
for a period of at least 2 years;
``(ii) 3 times shall be determined
ineligible under the section by the Governor
for a period of at least 5 years; and
``(iii) more than 3 times shall be
determined ineligible under this section by the
Governor for a period of at least 10 years.
``(5) Continuity of training services.--A provider of a
program for which the Governor revokes eligibility under
paragraph (4) shall--
``(A) be prohibited from enrolling any new
participants whose participation would be funded under
section 133(b) in the program and from receiving any
payments from funds provided under section 133(b) for
any participants not already enrolled in the program on
the date of revocation or termination until and unless
the Governor determines that the provider has
demonstrated that the program offered by the provider
has met the requirements for the provider to gain the
opportunity to reapply for eligibility under the
procedure described in paragraph (4)(B)(iii); and
``(B) enable each participant currently enrolled in
the program, on the date of the revocation or
termination, to complete such program.
``(6) Notification of program loss of eligibility.--The
local board serving participants whose participation is funded
under section 133(b) in a program for which eligibility is
revoked by the Governor under this subsection shall notify such
participants that such program no longer meets the State's
requirements for eligible providers of training services under
this Act and that the participant has the opportunity to
continue receiving training services from such program, in
order to complete the program.
``(7) Multistate providers.--The procedures established
under subsection (a) shall specify the process for any provider
of training services offering a program that is eligible under
this section in a first State to establish eligibility under
this section in an additional State, which shall, to the extent
practicable, minimize financial and administrative burdens on
any such provider by authorizing the provider to submit the
same application materials and information to the Governor of
the additional State that was accepted by the Governor granting
the provider's eligibility in the first State, as long as the
program meets the applicable State requirements for such
eligibility established under subsection (b).
``(8) Online providers.--The procedures established under
subsection (a) shall apply to a provider that delivers training
services exclusively online. If a participant chooses a
provider that delivers training services exclusively online and
is not located in the State of the local area that approved
such training services for the participant in accordance with
section 133(c)(3)(A)(i), such provider shall be ineligible to
receive payment for such participant from funds allotted to
such State under section 132 unless such provider is on the
list of eligible providers of training services described in
subsection (d) for such State with respect to the program
involved.
``(d) List and Information to Assist Participants in Choosing
Providers.--
``(1) In general.--In order to facilitate and assist
participants in choosing employment and training activities and
in choosing providers of training services, the Governor shall
ensure that an appropriate list of providers determined to be
eligible under this section to offer a program in the State
(and, as appropriate, in a local area), accompanied by
information identifying the recognized postsecondary credential
offered by the provider and other appropriate information, is
prepared. The list shall be provided to the local boards in the
State, and made available to such participants and to members
of the public through the one-stop delivery system in the State
in accordance with paragraph (4).
``(2) Credential navigation feature.--
``(A) In general.--In order to enhance the ability
of participants and employers to understand and compare
the value of the recognized postsecondary credentials
awarded by eligible programs offered by providers of
training services in a State, the Governor shall
establish (or develop in partnership with other
States), a credential navigation feature that allows
participants and the public to search a list of such
recognized postsecondary credentials, and the providers
awarding and programs leading to such a credential,
which shall include, with respect to each such
credential (aggregated for all participants in the
State that have received such credential through an
eligible program under this section or through, as
applicable, another program carried out under this
title)--
``(i) the information required under
subsection (b)(5)(B)(i)(II); and
``(ii) the performance of participants with
respect to the indicators (relating to
employment and earnings outcomes) described in
subclauses (I) through (III) of section
116(b)(2)(i).
``(B) Rule of construction.--Nothing in this
paragraph shall be construed to require a State that
has a credential navigation feature that permits a
search of a list containing the information described
in this paragraph to replace such credential navigation
feature with the feature described in subparagraph (A).
``(3) Accompanying information.--The accompanying
information referred to in paragraph (1) shall consist of--
``(A) with respect to providers described in
subparagraphs (A) and (C) of subsection (a)(2),
information provided by such providers (disaggregated
by local areas served, as applicable) in accordance
with subsection (b);
``(B) with respect to a program described in
subsection (b)(3) that is offered by a provider,
information promoting the program as having an
employer-sponsored designation and identifying the
employer or partnership sponsoring the program; and
``(C) with respect to a program described in
subsection (b)(4) that is offered by a provider,
information promoting the program as being a WIL
program and displaying the seal described in subsection
(b)(4)(C).
``(4) Availability.--The list (including the credential
navigation feature described in paragraph (2)), and the
accompanying information shall be made available to
participants and to members of the public through the one-stop
delivery system in the State--
``(A) on a publicly accessible website that--
``(i) is consumer-tested; and
``(ii) is searchable, easily
understandable, and navigable, and allows for
the comparison of eligible programs through the
use of language in a common, linked, open, and
interoperable data format; and
``(B) in a manner that does not reveal personally
identifiable information about an individual
participant.
``(5) Website technical assistance.--The Secretary shall--
``(A) upon request, provide technical assistance to
a State on establishing a website that meets the
requirements of paragraph (4); and
``(B) disseminate to each State effective practices
or resources from States and private sector entities
related to establishing a website that is consumer-
tested to ensure that the website is searchable, easily
understandable, and navigable.
``(6) Limitation.--In carrying out the requirements of this
subsection, no personally identifiable information regarding a
student, including a Social Security number, student
identification number, or other identifier, may be disclosed
without the prior written consent of the student or student's
parent in compliance with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
``(e) Opportunity to Submit Comments.--In establishing, under this
section, criteria, procedures, and the list of eligible providers
described in subsection (d), the Governor shall provide an opportunity
for interested members of the public to make recommendations and submit
comments regarding such criteria, procedures, and list.
``(f) Provider Performance Incentives.--
``(1) In general.--The Governor shall establish a system of
performance incentive payments to be awarded to eligible
providers in addition to the amount paid under section 133(b)
to such providers for the provision of training services to
participants of eligible programs. Such system of performance
incentive payments may be established to award the payments to
providers of eligible programs that--
``(A) achieve levels of performance above the
minimum levels established by the Governor under
subsection (b)(2);
``(B) serve a significantly higher number of
individuals with barriers to employment compared to
training providers offering similar training services;
or
``(C) achieve other performance successes,
including those related to jobs that provide economic
stability and upward mobility (such as jobs with high
wages and family sustainable benefits) as determined by
the State or the local board.
``(2) Incentive payments.--Incentive payments to providers
established under paragraph (1) shall be awarded to eligible
providers from funds reserved by the Governor under section
128(a)(1), except that not more than 5 percent of the funds
reserved by the Governor under section 128(a)(1) may be used
for such payments.'';
(3) by striking subsections (i) and (j) and inserting the
following:
``(i) On-the-job Training, Employer-directed Skills Development,
Incumbent Worker Training, and Other Training Exceptions.--
``(1) In general.--Providers of on-the-job training,
employer-directed skills development, incumbent worker
training, internships, paid or unpaid work experience
opportunities, or transitional employment shall not be subject
to the requirements of subsections (a) through (f).
``(2) Collection and dissemination of information.--A one-
stop operator in a local area shall collect the minimum amount
of information from providers of on-the-job training, employer-
directed skills development, incumbent worker training,
internships, paid or unpaid work experience opportunities, and
transitional employment as necessary to enable the use of State
administrative data to generate such performance information as
the Governor may require, and use the information to determine
whether the providers meet such performance criteria as the
Governor may require. The one-stop operator shall disseminate
information identifying such providers that meet the criteria
as eligible providers, and the performance information, through
the one-stop delivery system. Providers determined to meet the
criteria shall be considered to be identified as eligible
providers of training services.
``(j) Technical Assistance.--The Governor may apply to the
Secretary for technical assistance, as described in section 168(c), for
purposes of carrying out the requirements of the amendments made by the
A Stronger Workforce for America Act to this section, and the Secretary
shall provide such technical assistance in a timely manner.''.
(b) Report to Congress on State Performance Criteria.--Not later
than 4 years after the date of enactment of the A Stronger Workforce
for America Act, the Secretary shall submit a report to the Committee
on Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate on
eligible providers of training services under section 122 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152), as amended
by this division, in each State that shall include--
(1) the minimum levels of performance established by the
Governor of each State with respect to the performance criteria
under subsection (b)(2) of that section 122 for such eligible
providers of training services in the State;
(2) the number of such eligible providers of training
services in the State in each program year that begins after
the date of enactment of this Act, compared with the number of
such providers in the State in the program year that began
immediately preceding that date of enactment; and
(3) the average length of time that such eligible providers
of training services in the State maintain eligibility,
disaggregated by the type of entity that provided the training
services.
SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE INVESTMENT ACTIVITIES.
Section 123(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3153(a)) is amended by inserting ``, which may include providers
of pre-apprenticeship programs, and apprenticeship programs, that serve
youth,'' before ``identified based''.
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES
SEC. 131. RESERVATIONS; REALLOCATION.
(a) Reservations for Statewide Activities.--Section 128(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3163(a)) is
amended--
(1) in paragraph (2), by striking ``reserved amounts'' in
each place and inserting ``reserved amounts required under
paragraph (1)''; and
(2) by adding at the end the following:
``(3) Critical industry skills fund, and industry sector
partnership and career pathways development fund.--
``(A) Authorized reservation.--In addition to the
reservations required under paragraph (1) and section
133(a)(2), and subject to subparagraph (B), the
Governor may reserve not more than 10 percent of each
of the amounts allotted to the State under section
127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of
section 132(b) for a fiscal year to establish and
administer any one, or both, of the following:
``(i) A critical industry skills fund
described in section 134(a)(4).
``(ii) An industry or sector partnership
and career pathways development fund described
in section 134(a)(5).
``(B) Matching funds.--
``(i) Requirement.--The amount of funds
reserved by a Governor under subparagraph (A)
for a fiscal year may not exceed the amount of
funds that such Governor commits to using from
any of the funds listed in clause (ii) of this
subparagraph for the purposes of establishing
and administering the funds described in
clauses (i) and (ii) of subparagraph (A) for
such fiscal year.
``(ii) Sources of matching funds.--The
funds listed in this clause are as follows:
``(I) Funds reserved by the
Governor under paragraph (1) of this
subsection.
``(II) Other Federal funds not
described in subclause (I).
``(III) State funds.''.
(b) Reallocation Among Local Areas.--Section 128(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(c)) is
amended--
(1) in paragraph (1), by inserting the following before the
period at the end: ``as performance-based incentive payments'';
and
(2) in paragraph (4)--
(A) by striking ``that does not'' and inserting the
following: ``that--
``(A) does not'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(B) has met or exceeded an average of 100 percent
of the local level of performance described in section
116(c)(1)(B) for the local area across all indicators
for the youth program authorized under this chapter for
the most recent program year for which performance data
is available; and
``(C) was not subject to corrective action by the
Governor under section 184(a)(5)(A) for a determination
of non-compliance with the uniform administrative
requirements described in section 184(a)(3) for the
program year for which the determination under
paragraph (2) is made.''.
SEC. 132. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) Opportunity Youth.--Section 129 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164) is amended by striking ``out-of-
school'' each place it appears and inserting ``opportunity''.
(b) Youth Participant Eligibility.--
(1) Eligibility determination.--
(A) Eligibility.--Subparagraph (A) of section
129(a)(1) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3164(a)(1)) is amended to read as
follows:
``(A) Eligibility determination.--
``(i) In general.--To be eligible to
participate in activities carried out under
this chapter during any program year, an
individual shall, at the time the eligibility
determination is made, be an opportunity youth
or an in-school youth.
``(ii) Enrollment.--If a one-stop operator
or eligible provider of youth workforce
activities carrying out activities under this
chapter reasonably believes that an individual
is eligible to participate in such activities,
the operator or provider may allow such
individual to participate in such activities
for not more than a 40-day period during which
the operator or provider shall obtain the
necessary information to make an eligibility
determination with respect to such individual
(which may involve working with such individual
and other entities in the local area, and using
available sources of administrative data, to
obtain the necessary information).
``(iii) Determination of ineligibility.--
With respect to an individual who is determined
to be ineligible for activities under this
chapter by a one-stop operator or an eligible
provider of youth workforce activities during
the period described in clause (ii) and who
does not qualify for an exception under
paragraph (3)(A)(ii) applicable to the local
area involved, such operator or service
provider--
``(I) may--
``(aa) continue serving
such individual using non-
Federal funds; or
``(bb) end the
participation of such
individual in activities under
this chapter and refer the
individual to other services
that may be available in the
local area for which the
individual may be eligible; and
``(II) shall be paid for any
services provided to such individual
under this chapter during the period
described in clause (ii) by the local
area involved using funds allocated to
such area under section 128(b).
``(iv) Determination process for youth
experiencing homelessness and foster youth.--In
determining whether an individual is eligible
to participate in activities carried out under
this chapter on the basis of being an
individual who is a youth experiencing
homelessness, or a youth in foster care, as
described in subparagraph (B)(iii)(V), the one-
stop operator or service provider involved
shall--
``(I) if determining whether the
individual is a youth experiencing
homelessness, use a process that is in
compliance with the requirements of
subsection (a) of section 479D of the
Higher Education Act of 1965 (20 U.S.C.
1087uu-2) for financial aid
administrators; and
``(II) if determining whether the
individual is a youth in foster care,
use a process that is in compliance
with the requirements of subsection (b)
of section 479D of the Higher Education
Act of 1965 (20 U.S.C. 1087uu-2) for
financial aid administrators.''.
(B) Definition of opportunity youth.--Subparagraph
(B) of section 129(a)(1) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3164(a)(1)) is amended--
(i) in the subparagraph heading, by
striking ``Out-of-school'' and inserting
``Opportunity'';
(ii) in clause (i), by inserting ``, except
that an individual described in subparagraph
(IV) or (V) of clause (iii) may be attending
school (as defined under State law)'' after
``(as defined under State law)'';
(iii) in clause (ii), by inserting before
the semicolon at the end, the following : ``,
except that an individual described in
subparagraph (IV) or (V) of clause (iii) may be
not younger than age 14 or older than age 24'';
and
(iv) in clause (iii)--
(I) in subclause (III)--
(aa) in the matter
preceding item (aa)--
(AA) by striking
``secondary school
diploma or its
recognized equivalent''
and inserting ``regular
high school diploma or
its recognized
equivalent''; and
(BB) by striking
``and is'' and
inserting ``and'';
(bb) in item (aa), by
striking ``basic skills
deficient;'' and inserting
``has foundational skill
needs;''; and
(cc) in item (bb), by
striking ``an English language
learner'' and inserting ``is an
English learner''; and
(II) in subclause (V)--
(aa) by striking ``A
homeless individual ('' and
inserting ``An individual
experiencing homelessness
(meaning a homeless
individual,'';
(bb) by striking ``(42
U.S.C. 14043e-2(6))'' and
inserting ``(34 U.S.C.
12473(6))''; and
(cc) by striking ``a
homeless child or youth ('' and
inserting ``a youth
experiencing homelessness
(meaning a homeless child or
youth,''.
(C) Definition of in-school youth.--Clause (iv) of
section 129(a)(1)(C) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(a)(1)(C)) is amended--
(i) in subclause (I), by striking ``Basic
skills deficient.'' and inserting ``An
individual who has foundational skill needs.'';
(ii) in subclause (II), by striking
``language'';
(iii) by striking subclauses (III) and
(IV); and
(iv) by redesignating subclauses (V), (VI),
and (VII) as subclauses (III), (IV), and (V),
respectively.
(D) Rule for certain opportunity youth.--Section
129(a)(1) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3164(a)(1)) is amended by adding at the
end the following:
``(D) Rule for certain opportunity youth.--An
opportunity youth described in subclause (IV) or (V) of
subparagraph (B)(iii) who is attending any school (as
defined under State law) shall be eligible to
participate in any activity for in-school youth carried
out under this chapter.''.
(2) Exception and limitation.--Section 129(a)(3) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(3))
is amended--
(A) in subparagraph (A)(ii), by striking ``5'' and
inserting ``10''; and
(B) in subparagraph (B)--
(i) by striking ``5'' and inserting ``10'';
and
(ii) by striking ``paragraph
(1)(C)(iv)(VII)'' and inserting ``paragraph
(1)(C)(iv)(V)''.
(3) Opportunity youth priority.--Section 129(a)(4) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(4))
is amended--
(A) in the paragraph heading, by striking ``Out-of-
school'' and inserting ``Opportunity'';
(B) in subparagraph (A)--
(i) by striking ``75'' each place it
appears and inserting ``70'';
(ii) by inserting ``the total amount of''
before ``funds available''; and
(iii) by inserting ``in the State'' after
``subsection (c)'';
(C) in subparagraph (B)(i), by striking ``75'' and
inserting ``70'';
(D) by redesignating subparagraph (B), as so
amended, as subparagraph (C); and
(E) by inserting after subparagraph (A) the
following:
``(B) Local area targets.--The local board, the
chief elected official, and the Governor shall
negotiate and reach agreement on the minimum amount of
funds provided to a local area under subsection (c)
that shall be used to provide youth workforce
investment activities for opportunity youth based on
the needs of youth in the local area, which--
``(i) may not be an amount that is less
than 45 percent of the funds provided to such
local area under subsection (c); and
``(ii) shall be the amount that is
necessary for the State to meet the
requirements of subparagraph (A) with respect
to the total amount of funds available for
local areas under subsection (c).''.
(c) Required Statewide Youth Activities.-- Section 129(b)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(b)(1)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``sections 128(a)'' and inserting ``sections 128(a)(1)'';
(2) in subparagraph (B), by inserting ``through a website
that is consumer-tested to ensure that the website is easily
understood, searchable, and navigable and allows for comparison
of eligible providers based on the program elements offered by
such providers and the performance of such providers on the
primary indicators of performance for the youth program as
described in section 116(b)(2)(A)(ii)'' after ``under section
123''; and
(3) in subparagraph (D), by striking ``section 116(i)'' and
inserting ``section 116(j)''.
(d) Allowable Statewide Youth Activities.--Section 129(b)(2) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(b)(2)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``sections 128(a)'' and inserting ``sections 128(a)(1)'';
(2) in subparagraph (C), by inserting ``, which may include
providing guidance on career options in in-demand industry
sectors or occupations'' after ``in the State'';
(3) in subparagraph (D)--
(A) in clause (iv), by striking ``and'' at the end;
and
(B) by inserting after clause (v) the following:
``(vi) supporting the ability to understand
relevant tax information and obligations;'';
(4) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following:
``(F) establishing, supporting, and expanding work-
based learning opportunities, including transitional
jobs, that are aligned with career pathways;
``(G) raising public awareness (including through
public service announcements, such as social media
campaigns and elementary and secondary school showcases
and school visits) about career and technical education
programs and community-based and youth services
organizations, and other endeavors focused on programs
that prepare students for in-demand industry sectors or
occupations;
``(H) developing partnerships between educational
institutions (including area career and technical
schools and institutions of higher education) and
employers to create or improve workforce development
programs to address the identified education and skill
needs of the workforce and the employment needs of
employers in the regions or local areas of the State,
as determined based on the most recent analysis
conducted under subparagraphs (B) and (C) of section
102(b)(1);
``(I) coordinating activities with providers of a
pre-apprenticeship program or apprenticeship program
for youth in the State to establish, support, or expand
the program described in this subparagraph, including
any such program in the State receiving assistance
under section 173;
``(J) coordinating activities with entities
implementing reentry projects in the State focused on
establishing or improving workforce development
programs for justice- involved youth, including any
such reentry projects in the State receiving assistance
under section 172; and
``(K) coordinating activities with agencies
implementing corrections education and other education
programs in the State focused on providing incarcerated
youth with education and skills development programs,
including any such programs in the State receiving
assistance under section 225.''.
(e) Local Elements and Requirements.--
(1) Program design.--Section 129(c)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(1)) is
amended--
(A) in subparagraph (A), by striking ``basic
skills'' and inserting ``foundational skill needs'';
(B) in subparagraph (B), by inserting ``(which, in
the case of a participant 18 years or older, may
include co-enrollment in any employment or training
activity provided under section 134 for adults)'' after
``services for the participant'';
(C) in subparagraph (C)--
(i) in clause (i), by striking ``secondary
school diploma or its recognized equivalent''
and inserting ``regular high school diploma or
its recognized equivalent''; and
(ii) in clause (v), by inserting ``high-
skill, high-wage, or'' after ``small employers,
in''; and
(D) in subparagraph (D), by striking ``10'' and
inserting ``30''.
(2) Program elements.--Section 129(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(2)) is
amended--
(A) in the matter preceding subparagraph (A), by
striking ``secondary school diploma or its recognized
equivalent'' and inserting ``regular high school
diploma or its recognized equivalent'';
(B) in subparagraph (A), by striking ``secondary
school diploma or its recognized equivalent'' and
inserting ``regular high school diploma or its
recognized equivalent'';
(C) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``other'' and
inserting ``year-round''; and
(II) by inserting ``that meet the
requirements of paragraph (10)'' after
``school year'';
(ii) in clause (ii), by inserting ``and
apprenticeship programs that serve youth''
after ``programs'';
(iii) by amending clause (iii) to read as
follows:
``(iii) internships that--
``(I) are paid internships or are
unpaid internships for which academic
credit may be awarded;
``(II) are, to the extent
practicable, aligned with in-demand
industry sectors or occupations in the
State or local area; and
``(III) for which participants
shall be paid (by the entity providing
the internship, through funds allocated
to the local area pursuant to paragraph
(1) for the program, or by another
entity) if such internships are longer
than--
``(aa) 4 weeks in the
summer or 8 weeks during the
school year for in-school youth
and opportunity youth who are
enrolled in school; or
``(bb) 8 weeks for
opportunity youth who are not
enrolled in school;'';
(iv) by redesignating clause (iv) as clause
(v);
(v) by inserting after clause (iii), as so
amended, the following:
``(iv) job shadowing;'';
(vi) in clause (v), as so redesignated, by
inserting ``and'' at the end; and
(vii) by adding at the end the following:
``(vi) work-based learning;'';
(D) in subparagraph (H), by striking ``adult
mentoring'' and inserting ``coaching and adult
mentoring services'';
(E) in subparagraph (I), by inserting ``(including
case management)'' after ``services'';
(F) in subparagraph (M)--
(i) by inserting ``high-skill, high-wage,
or'' before ``in-demand industry''; and
(ii) by striking the ``and'' at the end;
(G) in subparagraph (N), by striking the period at
the end and inserting ``; and''; and
(H) by adding at the end the following:
``(O) activities to develop fundamental workforce
readiness, which may include creativity, collaboration,
critical thinking, digital literacy, persistence, and
other relevant skills.''.
(3) Priority.--Section 129(c)(4) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(4)) is
amended to read as follows:
``(4) Priority.--
``(A) Work experiences.--Not less than 40 percent
of the funds allocated to the local area as described
in paragraph (1) shall be used to provide in-school
youth and opportunity youth with activities under
paragraph (2)(C).
``(B) Apprenticeships and pre-apprenticeships for
youth.--Not less than 12 and \1/2\ percent of the funds
used for the purposes described in subparagraph (A)
shall be used to provide in-school youth and
opportunity youth with activities under paragraph
(2)(C)(ii).''.
(4) Rule of construction.--Section 129(c)(5) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(c)(5))
is amended by inserting ``or local area'' after ``youth
services''.
(5) Linkages.--Section 129(c)(7) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(7)) is
amended by inserting ``, secondary schools, and area career and
technical schools'' after ``agencies''.
(6) Individual training accounts.--Section 129(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(c)) is
amended by adding at the end the following:
``(9) Individual training accounts.--
``(A) In general.--Subject to subparagraph (B),
funds allocated pursuant to paragraph (1) to a local
area may be used to pay, through an individual training
account, an eligible provider of training services
described in section 122(d) for training services
described in section 134(c)(3) provided to in-school
youth who are not younger than age 16 and not older
than age 21 and opportunity youth, in the same manner
that an individual training account is used to pay an
eligible provider of training services under section
134(c)(3)(F)(iii) for training services provided to an
adult or dislocated worker.
``(B) Special rule for in-school youth younger than
age 18.--To use an individual training account to pay
for a program of training services that will take place
during regular school hours for an in-school youth who
is younger than the age 18, the local area shall
receive written approval from the secondary school at
which the in-school youth is enrolled prior to the
start of the program of training services.''.
(7) Summer and year-round employment opportunities
requirements.--Section 129(c) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(c)) is further amended by
adding at the end the following:
``(10) Summer and year-round employment opportunities
requirements.--
``(A) In general.--A summer employment opportunity
or a year-round employment opportunity referred to in
paragraph (2)(C)(i) shall be a program that matches
eligible youth participating in such program with an
appropriate employer (based on factors including the
needs of the employer and the age, skill, and informed
aspirations of the eligible youth) that--
``(i) shall include--
``(I) a component of occupational
skills education; and
``(II) not less than 2 of the
activities described in subparagraphs
(G), (H), (I), (K), (M), and (O) of
paragraph (2);
``(ii) may not use funds allocated under
this chapter to subsidize more than 50 percent
of the wages of each eligible youth participant
in such program;
``(iii) in the case of a summer employment
opportunity, complies with the requirements of
subparagraph (B); and
``(iv) in the case of a year-round
employment opportunity, complies with the
requirements of subparagraph (C).
``(B) Summer employment opportunity.--In addition
to the applicable requirements described in
subparagraph (A), a summer employment opportunity--
``(i) may not be less than 4 weeks; and
``(ii) may not pay less than the highest
applicable wage required by the applicable
Federal, State, or local minimum wage law.
``(C) Year-round employment opportunity.--In
addition to the applicable requirements described in
subparagraph (A), a year-round employment opportunity--
``(i) may not be shorter than 180 days or
longer than 1 year;
``(ii) may not pay less than the highest
applicable wage required by the applicable
Federal, State, or local minimum wage law; and
``(iii) may not employ the eligible youth
for less than 20 hours per week, except in
instances when the eligible youth are under the
age of 18 or enrolled in school.
``(D) Priority.--In selecting summer employment
opportunities or year-round employment opportunities
for purposes of paragraph (2)(C)(i), a local area shall
give priority to such opportunities that meet the
requirements of this paragraph and that are in existing
or emerging high-skill, high-wage, or in-demand
industry sectors or occupations.''.
(8) Conforming amendment.--Section 129(c)(3)(B) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3164(c)(3)(B)) is amended by striking ``basic skills'' and
inserting ``foundational skill needs''.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES
SEC. 141. STATE ALLOTMENTS.
Section 132(a)(2)(A) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3172(a)(2)(A)) is amended by--
(1) striking ``, 169(c) (relating to dislocated worker
projects),''; and
(2) by inserting ``, and under subsections (c) (related to
dislocated worker projects) and (d) (related to workforce data
quality initiatives) of section 169'' before ``; and''
SEC. 142. RESERVATIONS FOR STATE ACTIVITIES; WITHIN STATE ALLOCATIONS;
REALLOCATION.
(a) Reservations for State Activities.--Section 133(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(a)) is
amended--
(1) in paragraph (1), by striking ``section 128(a)'' and
inserting ``section 128(a)(1)''; and
(2) by adding at the end the following:
``(3) Critical industry skills fund, and industry or sector
partnership and career pathways fund.--In addition to the
reservations required under paragraphs (1) and (2), the
Governor may make the reservation authorized under section
128(a)(3).''.
(b) Within State Allocations.--Section 133(b)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3173(b)) is amended--
(1) in subparagraph (A), by striking ``subsection (a)(1)''
and inserting ``paragraph (1) or (3) of subsection (a)''; and
(2) in subparagraph (B), by striking ``paragraph (1) or (2)
of subsection (a)'' and inserting ``paragraph (1), (2), or (3)
of subsection (a)''.
(c) Reallocation Among Local Areas.--Section 133(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(c)) is
amended--
(1) in paragraph (1), by inserting before the period at the
end, the following: ``as performance-based incentive
payments'';
(2) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``that does not'' and
inserting the following: ``that--
``(i) does not'';
(ii) by striking ``; and'' and inserting a
semicolon; and
(iii) by adding at the end the following:
``(ii) has met or exceeded an average of
100 percent of the local level of performance
described in section 116(c)(1)(B) for the local
area across all indicators for the adult
program authorized under this chapter for the
most recent program year for which performance
data is available; and
``(iii) was not subject to corrective
action by the Governor under section
184(a)(5)(A) for a determination of non-
compliance with the uniform administrative
requirements described in section 184(a)(3) for
the program year for which the determination
under paragraph (2) is made; and''; and
(B) in subparagraph (B)--
(i) by striking ``that does not'' and
inserting the following: ``that--
``(i) does not'';
(ii) by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(ii) has met or exceeded an average of
100 percent of the local level of performance
described in section 116(c)(1)(B) for the local
area across all indicators for the dislocated
worker program authorized under this chapter
for the most recent program year for which
performance data is available; and
``(iii) was not subject to corrective
action by the Governor under section
184(a)(5)(A) for a determination of non-
compliance with the uniform administrative
requirements described in section 184(a)(3) for
the program year for which the determination
under paragraph (2) is made; and''; and
(3) by adding at the end the following:
``(5) Use of incentive funds.--Any amounts provided to a
local area as a performance incentive payment under this
subsection shall not be subject to the requirements described
in section 134(c)(1)(B).''.
SEC. 143. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.
(a) Statewide Employment and Training Activities.--
(1) In general.--Section 134(a)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(a)(1))--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``128(a)'' and inserting
``128(a)(1)''; and
(ii) by amending clause (ii) to read as
follows:
``(ii) may be used to carry out any of the
statewide employment and training activities
described in paragraph (3) (including
establishing and administering any one, or
both, of the funds referred to in subparagraph
(C));''; and
(C) by inserting before the flush left text at the
end the following:
``(C) as described in section 128(a)(3), shall be
used to establish and administer any one, or both, of
the following:
``(i) a critical industry skills fund
described in paragraph (4); or
``(ii) an industry or sector partnership
and career pathways development fund described
in paragraph (5),''.
(2) Required statewide employment and training
activities.--
(A) Statewide rapid response activities.--Section
134(a)(2)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(a)(2)(A)) is amended--
(i) in clause (i)--
(I) in subclause (I)--
(aa) by striking
``working'' and inserting ``as
a rapid response unit
working''; and
(bb) by striking ``and'' at
the end;
(II) in subclause (II), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(III) provision of additional
assistance to any local area that has
excess demand for individual training
accounts for dislocated workers in such
local area and requests such additional
assistance under this subclause in
accordance with paragraph (4) of
section 414(c) of the American
Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C.
3224a(5)), upon a determination by the
State that, in using funds allocated to
such local area pursuant to paragraph
(1) of such section 414(c) and in using
funds as required under subsection
(c)(1)(B) of this section for the
purpose described in paragraph (2)(A)
of such section 414(c)), the local area
is in compliance with the requirements
of such section 414(c).''; and
(ii) by adding at the end the following:
``(iii) Insufficient funds to meet excess
demand.--If a State determines that a local
area with excess demand as described in clause
(i)(III) has met the compliance requirements
described in such clause, but the State does
not have sufficient funds reserved under
section 133(a)(2) to meet such excess demand,
the State--
``(I) shall notify the Secretary of
such excess demand; and
``(II) if eligible, may apply for a
national dislocated worker grant under
section 170 of this Act.''.
(B) Statewide employment and training activities.--
Section 134(a)(2)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(a)(2)(B) is amended--
(i) in clause (i)--
(I) in subclause (III), by striking
``and'' at the end;
(II) by amending subclause (IV) to
read as follows:
``(IV) local areas, one-stop
operators, one-stop partners, and
eligible providers, including the
development and training of staff,
which may include--
``(aa) the development and
training of staff to provide
information about wage levels
and available benefits across
in-demand industry sectors or
occupations, and information
about opportunities for
individuals with barriers to
employment to enter in-demand
industry sectors or occupations
and nontraditional occupations;
``(bb) providing capacity
building and technical
assistance to State board and
local board members on the
development of exemplary
program activities;
``(cc) the development and
education of staff to increase
expertise in providing
opportunities for covered
veterans (as defined in section
4212(a)(3)(A) of title 38,
United States Code) to enter
in-demand industry sectors or
occupations and nontraditional
occupations: and
``(dd) the provision of
technical assistance to local
areas that fail to meet local
performance accountability
measures described in section
116(c); and''; and
(III) by adding at the end the
following:
``(V) local boards and eligible
providers of training services in
carrying out the performance reporting
required under section 116(d),
including facilitating data matches for
program participants--
``(aa) using quarterly wage
record information (including
the wage records made available
by any other State and
information provided from the
National Directory of New Hires
in accordance with section
453(j)(8) of the Social
Security Act (42 U.S.C.
653(j)(8))); and
``(bb) other sources of
information, as necessary to
measure the performance of
programs and activities
conducted under this chapter or
chapter 2 of this subtitle;'';
(ii) in clause (ii), by striking ``section
106(b)(7)'' and inserting ``section
106(b)(6)'';
(iii) in clause (iii), by striking
``section 116(i)'' and inserting ``section
116(j)''; and
(iv) in clause (v)--
(I) in subclause (II)--
(aa) by striking
``customized training'' and
inserting ``employer-directed
skills development''; and
(bb) by striking
``transitional jobs'' and
inserting ``transitional jobs,
or sponsors of apprenticeships
and pre-apprenticeships'';
(II) in subclause (III), by
inserting ``, including business
engaged in joint labor-management
partnerships'' before the semicolon;
(III) in subclause (IV), by
inserting ``, including on the
principles of universal design for
learning'' before the semicolon;
(IV) by redesignating subclauses
(V) and (VI) as subclauses (VI) and
(VII), respectively;
(V) by inserting after subclause
(IV) the following:
``(V) information on effective
coordination of supportive services for
workers and jobseekers;'';
(VI) in subclause (VI), as so
redesignated--
(aa) by striking
``subsections (d) and (h) of
section 122'' and inserting
``subsections (d) and (i) of
section 122''; and
(bb) by striking ``and'' at
the end; and
(VII) by adding at the end the
following:
``(VIII) information to
participants on understanding and
accessing State-administered programs
and services available to
jobseekers;'';
(v) by redesignating clause (vi) as clause
(vii);
(vi) by inserting after clause (v) the
following:
``(vi) notifying participants of an
eligible program of training services whose
participation is funded under this Act, if such
program's status as an eligible program of
training services is revoked under section
122(c)(4);'';
(vii) in clause (vii), as so redesignated,
by striking the period at the end and inserting
a semicolon; and
(viii) by adding at the end the following:
``(viii) coordinating (which may be done in
partnership with other States) with industry
organizations, employers (including small and
mid-sized employers), industry or sector
partnerships, training providers, local boards,
and institutions of higher education to
identify or develop competency-based
assessments that are a valid and reliable
method of collecting information with respect
to, and measuring, the prior knowledge, skills,
and abilities of individuals who are adults or
dislocated workers for the purpose of--
``(I) awarding, based on the
knowledge, skills, and abilities of
such an individual validated by such
assessments--
``(aa) a recognized
postsecondary credential that
is used by employers in the
State for recruitment, hiring,
retention, or advancement
purposes;
``(bb) postsecondary credit
toward a recognized
postsecondary credential
aligned with in-demand industry
sectors and occupations in the
State for the purpose of
accelerating attainment of such
credential; and
``(cc) postsecondary credit
for progress along a career
pathway developed by the State
or a local area within the
State;
``(II) developing individual
employment plans under subsection
(c)(2)(B)(vii)(II) that incorporate the
knowledge, skills, and abilities of
such an individual to identify--
``(aa) in-demand industry
sectors or occupations that
require similar knowledge,
skills, and abilities; and
``(bb) any upskilling
needed for the individual to
secure employment in such a
sector or occupation; and
``(III) helping such an individual
communicate such knowledge, skills, and
abilities to prospective employers
through a skills-based resume, profile,
or portfolio; and
``(ix) disseminating to local areas and
employers information relating to the
competency-based assessments identified or
developed pursuant to clause (viii),
including--
``(I) any credential or credit
awarded pursuant to items (aa) through
(cc) of clause (viii)(I);
``(II) the industry organizations,
employers, training providers, and
institutions of higher education
located within the State that recognize
the knowledge, skills, and abilities of
an individual validated by such
assessments;
``(III) how such assessments may be
provided to, and accessed by,
individuals through the one-stop
delivery system; and
``(IV) information on the extent to
which such assessments are being used
by employers and local areas in the
State.''.
(3) Allowable statewide employment and training
activities.--Section 134(a)(3)(A) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(a)(3)(A))--
(A) in clause (i)--
(i) by inserting ``or evidence-based''
after ``innovative'';
(ii) by inserting ``local communities and''
after ``needs of'';
(iii) by striking ``customized training''
and inserting ``employer-directed skills
development'';
(iv) by inserting ``and partnerships with''
after ``utilization of'';
(v) by inserting ``and labor-management
partnerships'' after ``business
intermediaries''; and
(vi) by inserting ``and medium-sized''
before ``employers) in the State, and'';
(B) in clause (ii)--
(i) by inserting ``, or bringing evidence-
based strategies to scale,'' after
``strategies''; and
(ii) by inserting ``supporting such
individuals in achieving economic self-
sufficiency and mobility, and'' after
``employment and'';
(C) in clause (iii)--
(i) by striking `` and prior learning
assessment to'' and inserting ``, prior
learning assessment, or a competency-based
assessment identified or developed by the State
under paragraph (2)(B)(viii), to''; and
(ii) by striking ``stackable'' and
inserting ``permit articulation into higher
level degree or other credential programs'';
(D) in clause (iv), by inserting ``, which may
include on-the job training, employer-directed skills
development, transitional jobs, industry or sector
partnerships, apprenticeships, and other programs''
after ``employment'';
(E) in clause (v), by inserting ``which activities
may incorporate the principles of universal design for
learning and be'' after ``subsection (c)(3),'';
(F) in clause (viii)--
(i) in subclause (I), by inserting ``,
including such activities funded through other
Federal and State laws'' after ``development
activities''; and
(ii) in subclause (II)--
(I) in item (cc), by inserting
``activities carried out by
comprehensive transition and
postsecondary programs for students
with intellectual disabilities
established under section 767 of the
Higher Education Act of 1965 (20 U.S.C.
1140g),'' after ``developmental
disabilities,'';
(II) in item (dd), by striking
``activities, including those'' and
inserting ``activities and services to
promote digital literacy skills,
including activities and services'';
(III) in item (ee), by striking
``ex-offenders in reentering the
workforce; and'' and inserting ``
justice-involved individuals in
reentering the workforce;''; and
(IV) by adding at the end the
following:
``(gg) programs under the
Older Americans Act of 1965 (42
U.S.C. 3001 et seq.) that
support employment and economic
security; and'';
(G) in clause (xi), by inserting ``that exceed the
local levels of performance'' after ``local areas'';
(H) in clause (xiii), by striking ``and'' at the
end;
(I) in clause (xiv)--
(i) by inserting ``conducting feasibility
studies for the effectiveness of such
strategies in meeting the employment and skills
development needs of target populations in the
local areas that are using such feasibility
studies,'' after ``data collection,''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(J) by adding at the end the following:
``(xv) supporting employers seeking to
implement skills-based hiring practices, which
may include technical assistance on the use and
validation of employment assessments (including
competency-based assessments developed or
identified by the State pursuant to paragraph
(2)(B)(viii)), and support in the creation of
skills-based job descriptions;
``(xvi) developing partnerships between
educational institutions (including area career
and technical education schools, local
educational agencies, and institutions of
higher education) and employers to create or
improve workforce development programs to
address the identified education and skill
needs of the workforce and the employment needs
of employers in regions of the State, as
determined by the most recent analysis
conducted under subparagraphs (A), (B), and (D)
of section 102(b)(1);
``(xvii) identifying and making available
to residents of the State, free or reduced cost
access to online skills development programs
that are aligned with in-demand industries or
occupations in the State and lead to attainment
of a recognized postsecondary credential valued
by employers in such industries or occupations;
``(xviii) establishing and administering a
critical industry skills fund described in
paragraph (4); and
``(xix) establishing and administering an
industry or sector partnership and career
pathways development fund described in
paragraph (5).''.
(4) Critical industry skills fund.--Section 134(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)),
as amended, is further amended by adding at the end the
following:
``(4) Critical industry skills fund.--
``(A) Performance-based payments.--In addition to
the funds described in paragraph (3)(A), a State may
use any funds reserved under paragraph (3)(A) of
section 128(a) to establish and administer a critical
industry skills fund to award performance-based
payments on a per-worker basis to eligible entities
that provide, to prospective workers or incumbent
workers (which may include youth age 18 through age
24), eligible skills development programs that are in
any of the industries and occupations identified by the
Governor (in consultation with the State board) for
purposes of this paragraph, and that will result in
employment or retention with an employer in such an
industry or occupation (in this paragraph referred to
as a `participating employer').
``(B) Optional priority.--The Governor (in
consultation with the State board) may select the
industries and occupations identified under
subparagraph (A) that should be prioritized under this
paragraph.
``(C) Submission of proposals.--To be eligible to
receive a payment under the critical industry skills
fund established under this paragraph by a State, an
eligible entity shall submit to the Governor, a
proposal describing the eligible skills development
program to be provided by the eligible entity under
this paragraph, in such form, at such time, and
containing such information, as the Governor may
reasonably require.
``(D) Reimbursement for approved proposals.--
``(i) State requirements.--
``(I) In general.--With respect to
each eligible entity whose proposal
under subparagraph (C) has been
approved by the Governor, the Governor
shall make payments (in an amount
determined by the Governor and subject
to the requirements of subclause (II)
of this clause, subparagraph (E), and
any other limitations determined
necessary by the State) from the
critical industry skills fund
established under this paragraph to
such eligible entity for each
participant of the eligible skills
development program described in such
proposal and with respect to whom the
eligible entity meets the requirements
of clause (ii).
``(II) Payments.--In making
payments to an eligible entity under
subclause (I) with respect to a
participant--
``(aa) a portion of the
total payment shall be made
after the participant
successfully completes the
eligible skills development
program offered by the eligible
entity; and
``(bb) the remainder of
such total payment shall be
made after the participant has
been employed by the
participating employer of the
eligible entity for the 6-month
period after successful
completion of the program.
``(ii) Eligible entity requirements.--To be
eligible to receive the payments described in
clause (i) with respect to a participant, an
eligible entity shall submit such documentation
as the Governor determines necessary to verify
whether the participant meets the requirements
of items (aa) and (bb) of clause (i)(II), and
to comply with the performance reporting
described in subparagraph (F).
``(E) Non-federal cost sharing.--
``(i) Limits on federal share.--An eligible
entity may not receive funds under subparagraph
(D) with respect to a participant of the
eligible skills development program offered by
the eligible entity in excess of the following
costs of such program with respect to such
participant:
``(I) In the case of a
participating employer of such eligible
entity with 25 or fewer employees, 90
percent of the costs.
``(II) In the case of a
participating employer of such eligible
entity with more than 25 employees, but
fewer than 100 employees, 75 percent of
the costs.
``(III) In the case of a
participating employer of such eligible
entity with 100 or more employees, 50
percent of the costs.
``(ii) Non-federal share.--
``(I) In general.--Any costs of the
eligible skills development program
offered to a participant by such
eligible entity that are not covered by
the funds received under subparagraph
(D) shall be the non-Federal share
provided by the eligible entity (in
cash or in-kind).
``(II) Employer cost sharing.--If
the eligible skills development program
is being provided on-the-job, the non-
Federal share provided by an eligible
entity may include the amount of the
wages paid by the participating
employer of the eligible entity to a
participant while such participant is
receiving the training.
``(F) Performance reporting.--Using the participant
information provided by eligible entities under
subparagraph (D)(ii), the State shall submit to the
Secretary a report, on an annual basis, with respect to
all participants for which the eligible entities
received funds under this paragraph for the most recent
program year, which shall include--
``(i) the number of individuals who
participated in eligible skills development
programs provided by such eligible entities
through the critical industry skills fund under
this paragraph; and
``(ii) the performance of such participants
on the primary indicators of performance
described in subclauses (I) through (III) of
section 116(b)(2)(A)(i).
``(G) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means--
``(I) a participating employer or a
group of participating employers;
``(II) an industry or sector
partnership that includes a
participating employer; or
``(III) another entity serving as
an intermediary (such as a local board)
that is in partnership with a
participating employer.
``(ii) Eligible skills development
program.--The term `eligible skills development
program', when used with respect to an eligible
entity--
``(I) means a program with respect
to which a State may set a maximum and
minimum length (in weeks);
``(II) includes work-based
education or related occupational
skills instruction that--
``(aa) develops the
specific technical skills
necessary for successful
performance of the occupations
in which participants are to be
employed upon completion; and
``(bb) may be provided--
``(AA) by the
eligible entity; or
``(BB) by any
training provider that
is selected by the
eligible entity and
without regard to
whether such provider
is on a list of
eligible providers of
training services
described in section
122(d); and
``(III) does not include employee
onboarding, orientation, or
professional development generally
provided to employees.''.
(5) Industry or sector partnership and career pathways
development fund.--Section 134(a) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(a)), as amended, is further
amended by adding at the end the following:
``(5) Industry or sector partnership and career pathways
development fund.--
``(A) Purpose.--The purpose of this paragraph is to
establish new or expand existing industry or sector
partnerships and career pathway programs to encourage
regional economic growth and competitiveness, and
improve worker training, retention, and advancement.
``(B) Description of fund.--In addition to the
funds described in paragraph (3)(A), a State may use
any funds reserved under paragraph (3)(A) of section
128(a) to establish and administer an industry or
sector partnership and career pathways development fund
to award grants to eligible partnerships to establish
or expand industry or sector partnerships that include
employers in a high-growth or high-wage industry of the
State in order to meet the following objectives:
``(i) Build capacity among such
partnerships to prepare jobseekers and
incumbent workers participating in such
partnerships for careers in such a high-growth
or high-wage industry.
``(ii) Leverage the capacity of such
partnerships to develop, improve, expand, or
implement education, employment, and training
opportunities for individuals with barriers to
employment.
``(iii) Strengthen coordination between
such industry or sector partnerships and one-
stop partners for the local areas involved that
are described in paragraphs (1) and (2) of
section 121(b).
``(iv) Develop or expand a career pathway
program that utilizes integrated education and
training strategies and supports multiple
points of entry and exit for working learners.
``(C) Duration.--Each grant awarded under this
paragraph shall be for a period of not more than 2
years.
``(D) Award basis.--
``(i) Geographic diversity.--The Governor
shall award grants under this paragraph in a
manner that ensures geographic diversity in the
areas in the State in which activities will be
carried out under the grants.
``(ii) Priority.--In awarding grants under
this paragraph, the Governor shall give
priority consideration to eligible partnerships
that--
``(I) include (or will include) as
a partner in the industry or sector
partnership to be established or
expanded under this paragraph, a 2-year
public institution of higher education;
``(II) demonstrate long-term
sustainability of such industry or
sector partnership; and
``(III) demonstrate the ability of
such industry or sector partnership to
serve individuals who--
``(aa) are individuals with
a barrier to employment,
including individuals with
disabilities;
``(bb) are facing
significant worker dislocation
due to a disruption or change
in the regional or State
economy or labor market;
``(cc) have traditionally
been underserved by regional
economic development and sector
partnership activities
(including rural areas in the
State); or
``(dd) are--
``(AA) opportunity
youth, disadvantaged
youth, or disadvantaged
adults; or
``(BB) unemployed
individuals, within the
meaning of section
6(b)(1)(B) of the
Wagner-Peyser Act (29
U.S.C. 49e(b)(1)(B)).
``(iii) Additional optional priority.--In
awarding grants under this paragraph, in
addition to the priority consideration required
under clause (ii), the Governor may give
priority consideration to eligible partnerships
that include, or will include, as a partner in
the industry or sector partnership to be
established or expanded under this section--
``(I) a 4-year public institution
of higher education at which the
highest degree that is predominantly
awarded to students is an associate
degree; or
``(II) a 2-year Tribal College or
University (as defined in section
316(b) of the Higher Education Act of
1965 (20 U.S.C. 1059c(b)).
``(E) Application.--
``(i) In general.--An eligible partnership
seeking a grant under this paragraph shall
submit an application to the Governor at such
time, in such manner, and containing such
information as the Governor may reasonably
require, including the contents described in
clause (ii).
``(ii) Contents.--An eligible partnership
seeking a grant under this paragraph shall
submit an application to the Governor under
clause (i) containing, at minimum--
``(I) a description of the eligible
partnership, and the industry or sector
partnership that will be established or
expanded with such grant;
``(II) the expected participation
and responsibilities of each of the
partners that will be included in such
industry or sector partnership;
``(III) a description of the high-
growth or high-wage industry sector to
be served by such industry or sector
partnership, and a description of how
such industry sector was identified;
``(IV) a description of the workers
and other individuals who will be
targeted or recruited by such industry
or sector partnership, including the
number of workers and other individuals
who will be served by the partnership;
``(V) an analysis of the existing
labor market to be served by such
industry or sector partnership, which
includes--
``(aa) a description of
potential barriers to
employment for the targeted
workers and other individuals;
``(bb) the estimated share
of such workers and other
individuals who are individuals
with a barrier to employment;
and
``(cc) a description of
strategies that will be
developed to help such workers
and other individuals overcome
such barriers;
``(VI) a description of the Federal
and non-Federal resources, available
under provisions of law other than this
paragraph, that will be leveraged in
support of such industry or sector
partnership and the activities carried
out by the partnership under this
paragraph;
``(VII) a description, using
common, linked, open-data descriptive
language, of the recognized
postsecondary credential that will be
provided to individuals who
successfully complete the education and
training program provided through an
education provider in such industry or
sector partnership;
``(VIII) an assurance that any
eligible provider of training services
in such industry or sector partnership
is on a list of eligible providers of
training services described in section
122(d); and
``(IX) a commitment from a
participating employer in such industry
or sector partnership to employ each
participant of such education and
training program (which may be a career
pathway program) for not less than a 1-
year period, in accordance with the
employment policies of such employer,
after successful completion of the
training portion of the education and
training program operated by such
participating employer.
``(F) Uses of funds.--
``(i) In general.--An eligible partnership
awarded a grant under this paragraph shall use
such grant funds to establish a new industry or
sector partnership or expand the industry or
sector partnership of the eligible partnership
to meet the objectives listed in subparagraph
(B)--
``(I) by engaging businesses in
accordance with clause (iii); and
``(II) by carrying out an education
and training program that--
``(aa) leads to the
recognized postsecondary
credential described in the
eligible partnership's
application in subparagraph
(E)(ii)(VII);
``(bb) includes an
apprenticeship, work-based
learning, or on-the-job
training program that leads to
an employment commitment
described in subparagraph
(E)(ii)(IX) with a
participating employer of the
industry or sector partnership;
``(cc) may include the
development or expansion of a
new or existing career pathway
program as described in clause
(iv); and
``(dd) may include the
provision of supportive
services as described in clause
(v).
``(ii) Planning activities.--An eligible
partnership receiving a grant under this
paragraph may use not more than 20 percent of
the grant funds to carry out planning
activities during the first year of the grant
period that are necessary to establish a new
industry or sector partnership or expand the
industry or sector partnership of the eligible
partnership, which may include--
``(I) recruiting key stakeholders
in the high-growth or high-wage
industry to be served by such industry
or sector partnership;
``(II) conducting outreach to local
businesses, employers, labor
organizations, local boards, education
and training providers, and business
and employer associations;
``(III) identifying, through an
evaluation, the training needs of
multiple businesses in the high-growth
or high-wage industry, including
identifying any needs for--
``(aa) skills critical to
competitiveness and innovation
in the high-growth or high-wage
industry;
``(bb) an education and
training program, including any
apprenticeship program or other
work-based learning program
supported by the grant; and
``(cc) the usage of career
pathways to align education and
training with job openings in
the high-growth or high-wage
industry; and
``(IV) recruiting individuals with
barriers to employment to participate
in the education and training program.
``(iii) Business engagement.--An industry
or sector partnership established or expanded
with a grant under this paragraph shall use the
grant funds to engage businesses (including
small and medium-sized businesses that are in
the high-growth or high-wage industry and that
may be a participating employer of the
partnership) in the establishment and
implementation of an apprenticeship, work-based
learning, or on-the-job training program
offered through the education and training
program of the partnership, and which may
include--
``(I) the navigation of the
registration process for a sponsor of
such an apprenticeship program;
``(II) the connection of the
business with an education provider in
the industry or sector partnership to
develop classroom instruction to
complement learning through such an
apprenticeship, work-based learning, or
on-the-job training program;
``(III) the development of such a
work-based learning program;
``(IV) the provision of career
awareness activities for participants
of such an apprenticeship, work-based
learning, or on-the-job training
program, such as career guidance and
academic counseling;
``(V) the recruitment of
individuals with barriers to employment
to participate in such an
apprenticeship, work-based learning, or
on-the-job training program; and
``(VI) other evidence-based
approaches to connecting businesses
with workers and establishing pathways
to unsubsidized employment for
individuals participating in the
education and training program and
other programs funded under this title.
``(iv) Career pathway programs.--
``(I) In general.--An industry or
sector partnership established or
expanded with a grant under this
paragraph may use such grant funds for
the development or expansion of a new
or existing career pathway program that
utilizes integrated education and
training strategies and supports
multiple entry and exit points for
working students and other working
participants, which may include--
``(aa) dual-enrollment
approaches for participants,
including youth, seeking to
participate in a career pathway
program;
``(bb) strategies that help
working students and other
nontraditional and adult
student populations access
skills and the recognized
postsecondary credentials
described in subparagraph
(E)(ii)(VII) of the eligible
partnership's application; and
``(cc) strategies that
incorporate the principles of
universal design for learning.
``(II) Authorized activities.--In
establishing or expanding such new or
existing career pathway program, the
industry or sector partnership may use
a grant under this paragraph for--
``(aa) the provision of
evidence-based professional
development for faculty and
other staff of an education
provider in the industry or
sector partnership, which may
incorporate the principles of
universal design for learning,
as appropriate;
``(bb) the acquisition of
equipment necessary to support
the delivery of the career
pathway program; and
``(cc) any other evidence-
based activities to support the
development or implementation
of the career pathway program.
``(v) Supportive services.--In accordance
with section 181(h), an industry or sector
partnership established or expanded with a
grant under this paragraph may use such grant
funds to provide supportive services to support
the success of individuals, including
individuals with barriers to employment, who
are participating in training services, as
described in subsection (c)(3)(D), which are
offered through such partnership.
``(G) Designation of a fiscal agent.--An eligible
partnership receiving a grant under this paragraph
shall designate an entity of the eligible partnership
as the fiscal agent for the receipt, management, and
expenditure of the grant funds.
``(H) Non-federal cost sharing.--
``(i) Limits on federal share.--An industry
or sector partnership established or expanded
with a grant under this paragraph may not
receive such grant funds for purposes of
funding the education and training program
offered through such partnership in excess of
the following costs of establishing, operating,
and sustaining such program:
``(I) In the case in which the
participating employers in such
eligible partnership employ 25 or fewer
employees, 70 percent of the costs.
``(II) In the case in which the
participating employers in such
eligible partnership employ more than
25 employees, but fewer than 100
employees, 55 percent of the costs.
``(III) In the case in which the
participating employers in such
eligible partnership employ 100 or more
employees, 40 percent of the costs.
``(ii) Non-federal share.--Any costs of
establishing, operating, and sustaining such
program that are not covered by the grant
received under this paragraph shall be the non-
Federal share provided by the industry or
sector partnership.
``(I) Performance reporting.--Not later than 2
years after the first award of funds under this
paragraph is made by the Governor and on an annual
basis thereafter, the Governor shall prepare and submit
to the Secretary a report with respect to the
participants served by each eligible partnership
receiving funds under this paragraph in the most recent
program year, which report shall include--
``(i) levels of performance achieved by the
eligible partnership, with respect to the
primary indicators of performance under clause
(i) or (ii) of section 116(b)(2)(A), as
applicable, for all individuals served by the
eligible partnership, disaggregated by race,
ethnicity, sex, disability status, and age; and
``(ii) levels of performance achieved by
the eligible partnership with respect to the
primary indicators of performance under clause
(i) or (ii) of section 116(b)(2)(A), as
applicable, for individuals with barriers to
employment served by the eligible partnership,
disaggregated by race, ethnicity, sex,
disability status, and age.
``(J) Availability of report.--The report submitted
by eligible partnerships under subparagraph (I) shall--
``(i) be made digitally available by the
Secretary using linked, open, and interoperable
data; and
``(ii) include the number of individuals
who were served by each such eligible
partnership.
``(K) Limit on administrative costs.--An eligible
partnership receiving a grant under this paragraph may
not use more than 10 percent of the grant funds for
administrative costs.
``(L) Definitions.--In this paragraph:
``(i) Eligible partnership.--The term
`eligible partnership' means--
``(I) an industry or sector
partnership that--
``(aa) includes a
participating employer; and
``(bb) is seeking to
further implement or expand
such industry or sector
partnership; or
``(II) a workforce collaborative
that is seeking to become an industry
or sector partnership that includes a
participating employer.
``(ii) High-growth or high-wage industry.--
The term `high-growth or high-wage industry',
when used with respect to an eligible
partnership, means an industry that--
``(I) has, or is expected to have,
a high rate of growth and an unmet
demand for skilled workers, as
determined by the Governor of the State
in which the eligible partnership is
located;
``(II) has been designated by the
Governor as an in-demand industry
experiencing high growth in such State;
and
``(III) includes occupations
determined by the Governor--
``(aa) with wages that are
significantly higher than an
occupation of similar level of
skill or needed skill
development; or
``(bb) that are aligned
with career pathways into
higher wage occupations.
``(iii) Participating employer.--The term
`participating employer', when used with
respect to an eligible partnership, means an
employer in a high-growth or high-wage industry
that is (or will be) part of the industry or
sector partnership that will be expanded (or
established) by the eligible partnership under
this paragraph.''.
(b) Required Local Employment and Training Activities.--
(1) Minimum amount for skills development.--Section
134(c)(1) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(c)(1)) is amended--
(A) in subparagraph (A)(iv), by striking ``to'' and
inserting ``to provide business services described in
paragraph (4) and'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A), as so
amended, the following:
``(B) Minimum amount for skills development.--
``(i) In general.--Subject to clause (ii),
not less than 50 percent of the funds described
in subparagraph (A) shall be used by the local
area--
``(I) for the payment of training
services--
``(aa) provided to adults
under paragraph (3)(F)(iii);
and
``(bb) provided to adults
and dislocated workers under
paragraph (3)(G)(ii); and
``(II) for the payment of training
services under paragraph (2)(A) of
section 414(c) of the American
Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C.
3224a(c)) after funds allocated to such
local area under paragraph (1) of such
section 414(c) have been exhausted.
``(ii) Exception.--With respect to a local
area that uses any funds described in
subparagraph (A) to provide supportive
services, in accordance with subsection (d)(2)
of this section, for adults and dislocated
workers who are participating in training
services, or individualized career services
described in clauses (iii) and (vii) of
paragraph (2)(B) that enable participation in
training services, each percentage of such
funds so used shall reduce, by one percentage
point, the percentage of such funds required to
be used by such local area in accordance with
clause (i), except that such percentage of
funds may not be reduced by more than 10
percentage points pursuant to this clause.'';
and
(D) in subparagraph (C), as so redesignated, by
striking ``and (ii)'' and inserting ``, (ii), and
(iv)''.
(2) Career services.--Section 134(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)) is
amended--
(A) by redesignating subparagraphs (A) through (C)
as subparagraphs (B) through (D), respectively;
(B) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) Basic career services.--
``(i) In general.--The one-stop delivery
system--
``(I) shall coordinate with the
Employment Service office colocated
with the one-stop delivery system for
such Employment Service office to
provide, using the funds allotted to
the State under section 6 of the
Wagner-Peyser Act (29 U.S.C. 49e),
basic career services, which shall--
``(aa) include, at a
minimum, the services listed in
clause (ii); and
``(bb) be available to
individuals who are adults or
dislocated workers in an
integrated manner to streamline
access to assistance for such
individuals, to avoid
duplication of services, and to
enhance coordination of
services; and
``(II) may use funds allocated
under paragraph (1), as necessary, to
supplement the services that are
provided pursuant to subclause (I) to
individuals who are adults or
dislocated workers.
``(ii) Services.--The basic career services
provided pursuant to clause (i) shall include--
``(I) provision of workforce and
labor market employment statistics
information, including the provision of
accurate (and, to the extent
practicable, real-time) information
relating to local, regional, and
national labor market areas,
including--
``(aa) job vacancy listings
in such labor market areas;
``(bb) information on job
skills necessary to obtain the
jobs included on such listings;
and
``(cc) information relating
to local occupations in demand
(which may include
entrepreneurship
opportunities), and the
earnings, skill requirements,
and opportunities for
advancement for such
occupations;
``(II) labor exchange services,
including job search and placement
assistance and, in appropriate cases,
career counseling, including--
``(aa) provision of
information on in-demand
industry sectors and
occupations;
``(bb) provision of
information on nontraditional
employment; and
``(cc) provision of
information on
entrepreneurship, as
appropriate;
``(III)(aa) provision of
information, in formats that are usable
by and understandable to one-stop
center customers, relating to the
availability of supportive services or
assistance, including child care, child
support, medical or child health
assistance under title XIX or XXI of
the Social Security Act (42 U.S.C. 1396
et seq. and 1397aa et seq.), benefits
under the supplemental nutrition
assistance program established under
the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), assistance
through the earned income tax credit
under section 32 of the Internal
Revenue Code of 1986, and assistance
under a State program for temporary
assistance for needy families funded
under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)
and other supportive services and
transportation provided through funds
made available under such part,
available in the local area; and
``(bb) referral to the services or
assistance described in item (aa), as
appropriate;
``(IV) provision of information and
assistance regarding filing claims for
unemployment compensation; and
``(V) assistance in establishing
eligibility for programs of financial
aid assistance for training and
education programs that are not funded
under this Act.'';
(C) in subparagraph (B), as so redesignated--
(i) in the heading, by striking the heading
and inserting ``Individualized career'';
(ii) in the matter preceding clause (i)--
(I) by inserting ``individualized''
before ``career services''; and
(II) by inserting ``shall, to the
extent practicable, be evidence-
based,'' before ``and shall'';
(iii) in clause (iii), by inserting ``, and
a determination (considering factors including
prior work experience, military service,
education, and the in-demand industry sectors
and occupations in the local area) of whether
such an individual would benefit from a
competency-based assessment developed or
identified by the State pursuant to subsection
(a)(2)(B)(viii) to accelerate the time to
obtaining employment that leads to economic
self-sufficiency or career advancement'' before
the semi-colon at the end;
(iv) by striking clauses (iv), (vi), (ix),
(x), and (xi);
(v) by redesignating clauses (v), (vii),
(viii), (xii), and (xiii) as clauses (iv), (v),
(vi), (vii), and (viii), respectively;
(vi) in clause (v), as so redesignated, by
inserting ``and credential'' after ``by
program'';
(vii) in clause (vi), as so redesignated,
by inserting ``and in multiple languages, to
the extent practicable,'' after ``customers,'';
and
(viii) in clause (vii), as so
redesignated--
(I) in subclause (I)(aa), as so
redesignated, by inserting ``,
including a competency-based assessment
developed or identified by the State
pursuant to subsection
(a)(2)(B)(viii)'' after ``tools'';
(II) in subclause (VI), by
inserting ``digital literacy skills,''
after ``learning skills,'';
(III) in subclause (X), by striking
``or'' at the end;
(IV) in subclause (XI)--
(aa) by striking
``language''; and
(bb) by striking ``and'' at
the end and inserting ``or'';
(V) by adding at the end the
following:
``(XII) review or creation of a
resume or similar document showcasing
the skills, experience, relevant
credentials, and education of the
individual; and''.
(D) by amending subparagraph (C), as so
redesignated, to read as follows:
``(C) Use of previous assessments.--A one-stop
operator or one-stop partner shall not be required to
conduct a new interview, evaluation, or assessment of a
participant under subparagraph (B)(vii) if the one-stop
operator or one-stop partner determines that--
``(i) it is appropriate to use a recent
interview, evaluation, or assessment of the
participant conducted pursuant to another
education or training program; and
``(ii) using such recent interview,
evaluation, or assessment will accelerate an
eligibility determination.''; and
(E) in subparagraph (D), as so redesignated--
(i) in the matter preceding clause (i)--
(I) by inserting ``individualized''
before ``career''; and
(II) by striking ``subparagraph
(A)'' and inserting ``subparagraph
(B)''; and
(ii) in clause (ii), by inserting ``,
libraries, and community-based organizations''
after ``nonprofit service providers''.
(3) Training services.--Section 134(c)(3) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)) is
amended--
(A) in subparagraph (A)--
(i) in clause (i), in the matter preceding
subclause (I), by striking ``clause (ii)'' and
inserting ``clause (ii) or (iii)'';
(ii) by amending clause (i)(II) to read as
follows:
``(II) who select programs of
training services that are directly
linked to the employment
opportunities--
``(aa) in the local area or
the planning region;
``(bb) in another area to
which the adults or dislocated
workers are willing to commute
or relocate; or
``(cc) that may be
performed remotely;''.
(iii) by redesignating clause (iii) as
clause (iv);
(iv) by inserting after clause (ii) the
following:
``(iii) Employer referral.--
``(I) In general.--A one-stop
operator or one-stop partner shall not
be required to conduct an interview,
evaluation, or assessment of an
individual under clause (i) if such
individual--
``(aa) is referred by an
employer to receive on-the-job
training or employer-directed
skills development in
connection with that employer;
and
``(bb) has been certified
by the employer as being an
individual who is in need of
training services to obtain
unsubsidized employment with
such employer and who has the
skills and qualifications to
successfully participate in the
selected program of training
services.
``(II) Priority.--A one-stop
operator or one-stop partner shall
follow the priority system in effect
under subparagraph (E) to determine
whether an individual who meets the
requirements of subclause (I) of this
clause is eligible to receive training
services.''; and
(v) by adding at the end the following:
``(v) Adult education and family literacy
activities.--In the case of an individual who,
after an interview, evaluation, or assessment
under clause (i)(I), is determined to not have
the skills and qualifications to successfully
participate in the selected program of training
services under clause (i)(I)(cc), the one-stop
operator or one-stop partner shall refer such
individual to adult education and literacy
activities under title II, including for co-
enrollment in such activities, as
appropriate.'';
(B) in subparagraph (B)--
(i) in clause (i)--
(I) in subclause (I), by striking
``other grant assistance for such
services, including'' and inserting
``assistance for such services under'';
and
(II) by striking ``under other
grant assistance programs, including''
and inserting ``under''; and
(ii) by adding at the end the following:
``(iv) Participation during eligibility
determination.--An individual may participate
in a program of training services during the
period during which such individual's
eligibility for training services under
subparagraph (A)(i) is being determined, except
that the provider of such a program shall
receive reimbursement under this Act for the
individual's participation during such period
only if such individual is determined to be
eligible under subparagraph (A)(i).'';
(C) in subparagraph (D)(xi), by striking
``customized training'' and inserting ``employer-
directed skills development'';
(D) in subparagraph (E)--
(i) by striking ``are basic skills
deficient'' and inserting ``have foundational
skill needs''; and
(ii) by striking ``paragraph (2)(A)(xii)''
and inserting ``paragraph (2)(B)(vii)'';
(E) in subparagraph (F)(ii), by inserting ``and the
levels of performance for such providers on the
performance criteria described in section 122(b) for
the 2 most recent program years'' after ``in section
122(d)'';
(F) in subparagraph (G)(ii)--
(i) in subclause (II), by striking
``customized training'' and inserting
``employer-directed skills development''; and
(ii) in subclause (IV)--
(I) by striking ``is a'' and
inserting ``is an evidence-based''; and
(II) by inserting ``and to support
such individuals in gaining requisite
skills for in-demand industry sectors
or occupations in the local area,
obtaining recognized postsecondary
credentials, and entering unsubsidized
employment'' after ``employment'';
(G) in subparagraph (H)--
(i) in clause (i), in the matter preceding
subclause (I), by striking ``reimbursement
described in section 3(44)'' and inserting
``reimbursement described in section 3(48)'';
and
(ii) in clause (ii)--
(I) in subclause (I), by inserting
``, such as the extent to which
participants are individuals with
barriers to employment'' after
``participants''; and
(II) in subclause (III), by
inserting ``in an occupation or
industry sector, including whether the
skills a participant will obtain are
transferable to other employers,
occupations, or industries in the local
area or the State'' after
``opportunities''; and
(H) by adding at the end the following:
``(I) Employer-directed skills development.--An
employer may receive a contract from a local board to
provide employer-directed skills development to a
participant or group of participants if the employer
submits to the local board an agreement that
establishes--
``(i) the provider of the skills
development program, which may be the employer;
``(ii) the length of the skills development
program;
``(iii) the recognized postsecondary
credentials that will be awarded to, or the
occupational skills that will be gained by,
program participants;
``(iv) the cost of the skills development
program;
``(v) the estimated earnings of program
participants upon successful completion of the
program;
``(vi) the amount of such cost that will be
paid by the employer, which shall not be less
than the amount specified in subparagraph (C)
of section 3(19); and
``(vii) a commitment by the employer to
employ the participating individual or
individuals upon successful completion of the
program.''.
(c) Business Services.--Section 134(c) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(c)) is further amended by adding at
the end the following:
``(4) Business services.--Funds described in paragraph (1)
shall be used to provide appropriate recruitment and other
business services and strategies on behalf of employers,
including small employers and mid-sized employers, that meet
the workforce investment needs of area employers, as determined
by the local board and consistent with the local plan under
section 108, which services--
``(A) may be provided--
``(i) through effective business
intermediaries working in conjunction with the
local board;
``(ii) on a fee-for-service basis; or
``(iii) through the leveraging of economic
development, philanthropic, and other public
and private resources in a manner determined
appropriate by the local board; and
``(B) may include one or more of the following:
``(i) Developing and implementing industry
sector strategies (including strategies
involving industry partnerships, regional
skills alliances, industry skill panels, and
sectoral skills partnerships).
``(ii) Developing and delivering innovative
workforce investment services and strategies
for area employers, which may include career
pathways, skills upgrading, skill standard
development and certification for recognized
postsecondary credential or other employer use,
apprenticeship, developing and offering
industry-recognized credential (including
short-term industry-recognized credential)
programs, including those that support
individuals with foundational skill needs, and
other effective initiatives for meeting the
workforce investment needs of area employers
and workers.
``(iii) Assistance to area employers in
managing reductions in force in coordination
with rapid response activities provided under
subsection (a)(2)(A) and developing strategies
for the aversion of layoffs, which strategies
may include early identification of firms at
risk of layoffs, use of feasibility studies to
assess the needs of and options for at-risk
firms, and the delivery of employment and
training activities to address risk factors.
``(iv) The marketing of business services
offered under this title to appropriate area
employers, including small and mid-sized
employers.
``(v) Technical assistance or other support
to employers seeking to implement skills-based
hiring practices, which may include technical
assistance on the use and validation of
employment assessments, including competency-
based assessments developed or identified by
the State pursuant to paragraph (2)(B)(viii),
and support in the creation of skills-based job
descriptions.
``(vi) Other services described in this
subsection, including providing information and
referral to microenterprise services, as
appropriate, and specialized business services
not traditionally offered through the one-stop
delivery system.''.
(d) Permissible Local Employment and Training Activities.--
(1) Activities.--Section 134(d)(1)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(A)) is
amended--
(A) in clause (iii), by striking ``10 percent'' and
inserting ``30 percent'';
(B) in clause (v), by inserting ``case
management,'' after ``assessments,'';
(C) in clause (vi)--
(i) in subclause (III), by striking ``and''
at the end;
(ii) by redesignating subclause (IV) as
subclause (VI); and
(iii) by inserting after subclause (III)
the following:
``(IV) employment and training
activities under subsections (d) and
(o) of section 6 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015);
``(V) programs under the Older
Americans Act of 1965 (42 U.S.C. 3001
et seq.) that support employment and
economic security; and'';
(D) in clause (vii)--
(i) in subclause (II)--
(I) by inserting ``and providers of
supportive services,'' after ``small
employers,''; and
(II) by striking ``and'' at the
end;
(ii) in subclause (III), by inserting
``and'' at the end; and
(iii) by adding at the end the following:
``(IV) to strengthen, through
professional development activities,
the knowledge and capacity of one-stop
staff to use the latest digital
technologies, tools, and strategies to
deliver high quality services and
outcomes for jobseekers, workers, and
employers, which may incorporate
universal design for learning;'';
(E) by striking clause (ix);
(F) by redesignating clauses (x) through (xii) as
clauses (ix) through (xi), respectively;
(G) in clause (x), as so redesignated, by striking
``and'' at the end;
(H) in clause (xi), as so redesignated, by striking
the period at the end and inserting a semicolon; and
(I) by adding at the end the following:
``(xii) training programs for individuals
who are dislocated workers as a result of
advances in automation technology;
``(xiii) the use of competency-based
assessments for individuals upon initial
assessment of skills (pursuant to subsection
(c)(2)(A)(iii)) or completion of training
services or other learning experiences;
``(xiv) the development of partnerships
between educational institutions (including
area career and technical education schools,
local educational agencies, and institutions of
higher education) and employers to create or
improve workforce development programs to
address the identified education and skill
needs of the workforce and the employment needs
of employers in a region, as determined based
on the most recent analysis conducted by the
local board under section 107(d)(2); and
``(xv) assistance to one or more public
libraries located in the local area that has
demonstrated success in leveraging additional
resources (such as staff, facilities,
computers, and learning materials) to provide
free and open access to individualized career
services, in order to promote and expand access
to such services.''.
(2) Supportive services.--Section 134(d)(2)(B) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(d)(2)(B)) is amended, by inserting ``, including through
programs of one-stop partners, who are'' after ``programs''.
(3) Needs-related payments.--Section 134(d)(3) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(3))
is amended--
(A) in subparagraph (A), by inserting ``or for
financial assistance through a program carried out by a
one-stop partner'' after ``compensation''; and
(B) in subparagraph (B), by inserting ``or
financial assistance through a program carried out by a
one-stop partner'' after ``compensation''
(4) Incumbent worker training programs.--
(A) In general.--Section 134(d)(4)(A) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(d)(4)(A)) is amended--
(i) in clause (i), by striking ``20'' and
inserting ``30'';
(ii) by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively;
and
(iii) by inserting after clause (i) the
following:
``(ii) Increase in reservation of funds.--
Notwithstanding clause (i)--
``(I) with respect to a local area
that had a rate of unemployment of not
more than 3 percent for not less than 6
months during the preceding program
year, clause (i) shall be applied by
substituting `40 percent' for `30
percent'; or
``(II) with respect to a local area
that meets the requirement in subclause
(I) and is located in a State that had
a labor force participation rate of not
less than 69 percent for not less than
6 months during the preceding program
year, clause (i) shall be applied by
substituting `45 percent' for `30
percent'.''.
(B) Training activities.--Section 134(d)(4)(B) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3174(d)(4)(B)) is amended--
(i) by striking ``The training'', and
inserting the following:
``(i) In general.--The training''; and
(ii) by striking ``delivering training''
and inserting ``delivering training, such as
industry or sector partnerships''.
(C) Non-federal share.--Section
134(d)(4)(D)(ii)(III) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(d)(4)(D)(ii)(III)) is
amended by striking ``50'' and inserting ``55''.
(D) Incumbent worker upskilling accounts.--Section
134(d)(4) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(d)(4)) is further amended by adding
at the end the following:
``(E) Incumbent worker upskilling accounts.--
``(i) In general.--To establish incumbent
worker upskilling accounts through which an
eligible provider of training services under
section 122 may be paid for the program of
training services provided to an incumbent
worker, a local board--
``(I)(aa) may use, from the funds
reserved by the local area under
subparagraph (A)(i), an amount that
does not exceed 5 percent of the funds
allocated to such local area under
section 133(b); or
``(bb) if the local area reserved funds
under subparagraph (A)(ii), may use, from the
funds reserved by the local area under
subparagraph (A)(ii), an amount that does not
exceed 10 percent of the funds allocated to
such local area under section 133(b); and
``(II) may use funds reserved under
section 134(a)(2)(A) for statewide
rapid response activities and provided
by the State to local area to establish
such accounts.
``(ii) Eligibility.--
``(I) In general.--Subject to
subclause (II), a local board that
seeks to establish incumbent worker
upskilling accounts under clause (i)
shall establish criteria for
determining the eligibility of an
incumbent worker to receive such an
account, which shall take into account
factors of--
``(aa) the wages of the
incumbent worker as of the date
of determining such worker's
eligibility under this clause;
``(bb) the career
advancement opportunities for
the incumbent worker in the
occupation of such worker as of
such date; and
``(cc) the ability of the
incumbent worker to, upon
completion of the program of
training services selected by
such worker, secure employment
in an in-demand industry or
occupation in the local area
that will lead to economic
self-sufficiency and wages
higher than the current wages
of the incumbent worker.
``(II) Limitation.--
``(aa) In general.--An
incumbent worker described in
item (bb) shall be ineligible
to receive an incumbent worker
upskilling account under this
subparagraph.
``(bb) Ineligibility.--Item
(aa) shall apply to an
incumbent worker--
``(AA) whose total
annual wages for the
most recent year are
greater than the median
household income of the
State; or
``(BB) who has
earned a baccalaureate
or professional degree.
``(iii) Cost sharing for certain incumbent
workers.--With respect to an incumbent worker
who is determined to be eligible to receive an
incumbent worker upskilling account and who is
not a low-income individual--
``(I) such incumbent worker shall
pay not less than 25 percent of the
cost of the program of training
services selected by such worker; and
``(II) funds provided through the
incumbent worker upskilling account
established for such worker shall cover
the remaining 75 percent of the cost of
the program.''.
(E) Transitional jobs.--Section 134(d)(5) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(d)(5)) is amended by striking ``10'' and inserting
``15''.
(e) Rule of Construction.--Section 134 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174) is further amended by adding at
the end the following:
``(e) Rule of Construction.--Nothing in this section shall be
construed to abrogate a collective bargaining agreement that covers
employees of an entity providing a program of training services,
including an incumbent worker training program.''.
CHAPTER 4--GENERAL WORKFORCE INVESTMENT PROVISIONS
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
Section 136 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3181) is amended to read as follows:
``SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
``(a) Youth Workforce Investment Activities.--There are authorized
to be appropriated to carry out the activities described in section
127(a) $976,573,900 for each of the fiscal years 2025 through 2030.
``(b) Adult Employment and Training Activities.--There are
authorized to be appropriated to carry out the activities described in
section 132(a)(1) $912,218,500 for each of the fiscal years 2025
through 2030.
``(c) Dislocated Worker Employment and Training Activities.--There
are authorized to be appropriated to carry out the activities described
in section 132(a)(2) $1,391,483,193 for each of the fiscal years 2025
through 2030.''.
Subtitle D--Job Corps
SEC. 151. PURPOSES.
Section 141 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3191) is amended--
(1) by striking ``centers'' each place it appears and
inserting ``campuses''; and
(2) in paragraph (1)(A)--
(A) by striking ``secondary school diplomas'' and
inserting ``regular high school diplomas or their
recognized equivalents'';
(B) in clause (i), by striking ``or'' at the end;
(C) in clause (ii), by striking ``, including an
apprenticeship program; and'' and inserting ``; or'';
and
(D) by adding at the end the following:
``(iii) enrollment in an apprenticeship
program; and''.
SEC. 152. DEFINITIONS.
Section 142 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3192) is amended--
(1) in paragraphs (1), (7), (8), and (10), by striking
``center'' each place it appears and inserting ``campus'';
(2) in paragraph (1)(B), by inserting ``the community in
which the Job Corps campus is located or the'' after
``serves'';
(3) in paragraph (5)--
(A) by striking ``secondary school diploma or'' and
inserting ``regular high school diploma or its'';
(B) by striking ``that prepares'' and inserting
``that--
``(A) prepares'';
(C) in subparagraph (A), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(D) by adding at the end the following:
``(B) may lead to the attainment of a recognized
postsecondary credential.''; and
(4) in paragraph (7), by striking ``center'' in the heading
and inserting ``campus''.
SEC. 153. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
Section 144 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3194) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``21'' and inserting
``24'';
(ii) by inserting `` or, if the date of
enrollment is not greater than 60 days after
the date of application, the date of
application,'' after ``enrollment,'';
(iii) by amending subparagraph (A) to read
as follows:
``(A) an individual who is age 16 or 17 shall be
eligible only upon an individual determination by the
director of a Job Corps campus that such individual
meets the criteria described in subparagraph (A) or (B)
of section 145(b)(1); and''; and
(iv) in subparagraph (B), by striking
``either'';
(B) in paragraph (2), by inserting after
``individual'' the following: ``or a resident of a
qualified opportunity zone as defined in section 1400Z-
1(a) of the Internal Revenue Code of 1986''; and
(C) in paragraph (3)--
(i) by amending subparagraph (A) to read as
follows:
``(A) Has foundational skill needs.''; and
(ii) in subparagraph (C)--
(I) by striking ``A homeless
individual (as'' and inserting ``An
individual experiencing homelessness
(meaning a homeless individual as'';
(II) by striking ``(42 U.S.C.
14043e-2(6)))'' and inserting ``(34
U.S.C. 12473(6)))''; and
(III) by striking ``homeless child
or youth (as'' and inserting ``youth
experiencing homelessness (meaning a
homeless child or youth as'';
(2) in subsection (b)--
(A) in the heading, by inserting ``and Certain
Other Armed Forces Members'' after ``Veterans''; and
(B) by inserting ``or a member of the Armed Forces
eligible for preseparation counseling of the Transition
Assistance Program under section 1142 of title 10,
United States Code,'' after ``a veteran''; and
(3) by inserting at the end the following:
``(c) Special Rule for Youth Experiencing Homelessness and Foster
Youth.--In determining whether an individual is eligible to enroll for
services under this subtitle on the basis of being a youth experiencing
homelessness, or a youth in foster care, as described in subsection
(a)(3)(C), staff shall--
``(1) if determining whether the individual is a youth
experiencing homelessness, use a process that is in compliance
with the requirements of subsection (a) of section 479D of the
Higher Education Act of 1965 (20 U.S.C. 1087uu-2) for financial
aid administrators; and
``(2) if determining whether the individual is a youth in
foster care, use a process that is in compliance with the
requirements of subsection (b) of such section 479D of the
Higher Education Act of 1965 (20 U.S.C. 1087uu-2) for financial
aid administrators.''.
SEC. 154. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT OF
ENROLLEES.
Section 145 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3195) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``45''
and inserting ``55'';
(ii) in subparagraph (D), by striking
``and'';
(iii) in subparagraph (E), by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) assist applicable one-stop centers and other
entities identified in paragraph (3) in developing
joint applications for Job Corps, YouthBuild, and the
youth activities described in section 129.''; and
(2) in subsections (b), (c), and (d)--
(A) by striking ``center'' each place it appears
and inserting ``campus''; and
(B) by striking ``centers'' each place it appears
and inserting ``campuses''.
SEC. 155. JOB CORPS CAMPUSES.
Section 147 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3197) is amended--
(1) in the heading, by striking ``centers'' and inserting
``campuses'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``center'' each place it
appears and inserting ``campus''; and
(ii) in subparagraph (A), by inserting
after ``area career and technical education
school,'' the following: ``an institution of
higher education,'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``center'' each
place it appears and inserting
``campus''; and
(II) by inserting after ``United
States Code,'' the following: ``and
section 159(f)(2)(B)(i)(III),''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``operate
a Job Corps center'' and
inserting ``operate a Job Corps
campus'';
(bb) by striking subclause
(IV);
(cc) by redesignating
subclauses (I), (II), (III),
and (V), as subclauses (III),
(IV), (V), and (VI),
respectively;
(dd) by inserting before
subclause (III), as so
redesignated, the following:
``(I)(aa) in the case of an entity
that has previously operated a Job
Corps campus, a numeric metric of the
past achievement on the primary
indicators of performance for eligible
youth described in section
116(b)(2)(A)(ii); or
``(bb) in the case of an entity that has
not previously operated a Job Corps campus, a
comparable alternative numeric metric on the
past effectiveness of the entity in
successfully assisting at-risk youth to connect
to the labor force, based on such primary
indicators of performance for eligible youth;
``(II) in the case of an entity
that has previously operated a Job
Corps campus, any information regarding
the entity included in any report
developed by the Office of Inspector
General of the Department of Labor;'';
(ee) in subclause (III), as
so redesignated, by striking
``center'' and inserting
``campus'';
(ff) by amending subclause
(IV), as so redesignated, to
read as follows:
``(IV) the ability of the entity to
offer career and technical education
and training that has been proposed by
the workforce council under section
154(c), including--
``(aa) the degree to which
such education and training
reflects employment
opportunities in the local
areas in which enrollees at the
campus intend to seek
employment; and
``(bb) the degree to which
such education and training
leads to a recognized
postsecondary credential, or
postsecondary credit, that
permits articulation into a
higher level or other degree or
credential program;'';
(gg) in subclause (V), as
so redesignated, by striking
``center is located;'' and
inserting ``campus is located,
including agreements to provide
off-campus work-based learning
opportunities aligned with the
career and technical education
provided to enrollees; and'';
and
(hh) by amending subclause
(VI), as so redesignated, to
read as follows:
``(VI) the ability of the entity to
implement an effective behavior
management plan, as described in
section 152(a), and maintain a safe and
secure learning environment for
enrollees.''; and
(II) in clause (ii), by striking
``center'' and inserting ``campus'';
and
(C) in paragraph (3)--
(i) by striking ``center'' each place it
appears and inserting ``campus'';
(ii) in subparagraph (B), by inserting ``or
postsecondary credit, which credit shall permit
articulation into a credential program'' after
``program'';
(iii) in subparagraph (D), by inserting
after ``is located'' the following: ``,
including agreements to provide off-campus
work-based learning opportunities aligned with
the career and technical education provided to
enrollees'';
(iv) by redesignating subparagraphs (E),
(F), (G), (H), (I), (J), and (K) as
subparagraphs (F), (G), (H), (I), (J), (K), and
(L), respectively; and
(v) by inserting after subparagraph (D) the
following:
``(E) A description of the policies that will be
implemented at the campus regarding security and access
to campus facilities, including procedures to report on
and respond to violations of the disciplinary policy
described in section 152(b) and other emergencies
occurring on campus.'';
(3) in subsection (b)--
(A) in the heading, by striking ``Centers'' and
inserting ``Campuses'';
(B) by striking ``center'' each place it appears
and inserting ``campus'';
(C) by striking ``centers'' each place it appears
and inserting ``campuses'';
(D) in paragraph (2)(A), by striking ``20 percent''
and inserting ``25 percent''; and
(E) in paragraph (3)(A)(iv), by striking
``secondary school diplomas'' and inserting ``regular
high school diplomas'';
(4) in subsection (c)--
(A) by striking ``centers'' and inserting
``campuses''; and
(B) by striking ``20 percent'' and inserting ``30
percent'';
(5) in subsection (d)--
(A) in the first sentence, by striking ``centers''
and inserting ``campuses''; and
(B) in the second sentence, by striking ``centers''
and inserting ``Centers'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``centers'' and
inserting ``campuses''; and
(B) in paragraph (2), by striking ``450b)'' and
inserting ``5304)'';
(7) in subsection (f), by striking ``2-year period'' and
inserting ``3-year period''; and
(8) in subsection (g)--
(A) by striking ``center'' each place it appears
and inserting ``campus'';
(B) in paragraph (1)--
(i) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) failed to achieve an average of 80 percent or
higher of the expected level of performance under
section 159(c)(1) across all of the primary indicators
of performance for eligible youth described in section
116(b)(2)(A)(ii); or
``(B) failed to--
``(i) take reasonable measures to achieve
an average of 80 percent of the planned average
onboard strength that was agreed to in the
agreement described in subsection (a)(1)(A); or
``(ii) achieve an average of 60 percent of
the planned average onboard strength that was
agreed to in the agreement described in
subsection (a)(1)(A).'';
(C) in paragraph (2)(B), by inserting ``or onboard
strength or enrollment'' after ``performance'';
(D) in paragraph (3), by striking ``shall provide''
and inserting ``shall provide, at least 30 days prior
to renewing the agreement''; and
(E) in paragraph (4)--
(i) in subparagraph (C), by striking
``and'' after the semicolon;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C)
the following:
``(D) has maintained a safe and secure campus
environment; and''.
SEC. 156. PROGRAM ACTIVITIES.
Section 148 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3198) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) by striking ``centers'' each place it appears and
inserting ``campuses'';
(3) in subsection (a)--
(A) in the subsection heading, by striking
``CENTERS'' and inserting ``CAMPUSES''; and
(B) in paragraph (1)--
(i) by inserting ``incorporate the
principles of universal design for learning and
may'' after ``may'';
(ii) by inserting before the period at the
end the following: ``, and productive
activities, such as tutoring or other skills
development opportunities, for enrollees to
participate in outside of regular class time
and work hours''; and
(iii) by striking ``clauses (i) through
(xi) of section 134(c)(2)(A)'' and inserting
``subclauses (I) through (V) of section
134(c)(2)(A)(ii) or in clauses (i) through
(viii) of section 134(c)(2)(B)'';
(4) in subsection (b), by striking ``career and technical
educational institutions'' and inserting ``area career and
technical education schools'';
(5) in subsection (c)(1)--
(A) by striking ``the eligible providers'' and
inserting ``any eligible provider''; and
(B) by inserting after ``under section 122'' the
following: ``that is aligned with the career and
technical education an enrollee has completed''; and
(6) in subsection (d), by inserting ``, in coordination
with the operator of the Job Corps program in which a graduate
was enrolled,'' after ``Secretary''.
SEC. 157. COUNSELING AND JOB PLACEMENT.
Section 149(b) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3199(b)) is amended--
(1) by inserting ``, in coordination with the operator of a
Job Corps campus,'' after ``The Secretary'';
(2) by inserting ``assigned to such campus'' after ``for
enrollees''; and
(3) by inserting ``, in coordination with the operator,''
after ``, the Secretary''.
SEC. 158. SUPPORT.
Section 150 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3200) is amended--
(1) in subsection (a), by striking ``centers'' and
inserting ``campuses''; and
(2) by adding at the end the following:
``(d) Period of Transition.--Notwithstanding the requirements of
section 146(b), a Job Corps graduate may remain an enrollee and a
resident of a Job Corps campus for not more than one month after
graduation as such graduate transitions into independent living and
employment if such graduate receives written approval from the director
of the Job Corps campus to remain such a resident.''.
SEC. 159. OPERATIONS.
Section 151 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3201) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus''; and
(2) by adding at the end the following:
``(d) Local Authority.--
``(1) In general.--Subject to the limitations of the budget
approved by the Secretary for a Job Corps campus, the operator
of a Job Corps campus shall have the authority, without prior
approval from the Secretary, to--
``(A) hire staff and provide staff professional
development;
``(B) set terms and enter into agreements with
Federal, State, or local educational partners, such as
secondary schools, institutions of higher education,
child development centers, units of Junior Reserve
Officers' Training Corps programs established under
section 2031 of title 10, United States Code, or
employers; and
``(C) engage with and educate stakeholders
(including eligible applicants for the Job Corps) about
Job Corps operations, selection procedures, and
activities.
``(2) Nonapplicability.--Notwithstanding section 6702 of
title 41, United States Code, or any other provision of law,
chapter 67 of such title shall not apply to any agreement
described in paragraph (1)(B) for the purpose of providing
child care to enrollees between an entity described in such
paragraph and an operator of a Job Corps campus, if the
operator is not using amounts made available under this
subtitle to pay for such child care services.
``(e) Prior Notice.--Prior to making a change to the agreement
described in section 147(a) or an operating plan described in this
section, the Secretary shall solicit from the operators of the Job
Corps campuses information on any operational costs the operators
expect to result from such change.''.
SEC. 160. STANDARDS OF CONDUCT.
Section 152 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3202) is amended--
(1) by striking ``centers'' each place it appears and
inserting ``campuses'';
(2) in subsection (a), by inserting ``As part of the
operating plan required under section 151(a), the director of
each Job Corps campus shall develop and implement a behavior
management plan consistent with the standards of conduct and
subject to the approval of the Secretary.'' at the end;
(3) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``or
disruptive''; and
(B) in subparagraph (C)(ii), by inserting ``,
subject to the appeal process described in subsection
(c)'' after ``subparagraph (A)''; and
(4) by amending subsection (c) to read as follows:
``(c) Appeal Process.--
``(1) Enrollee appeals.--A disciplinary measure taken by a
director under this section shall be subject to expeditious
appeal in accordance with procedures established by the
Secretary.
``(2) Director appeals.--
``(A) In general.--Not later than 1 year after the
date of enactment of the A Stronger Workforce for
America Act, the Secretary shall establish an appeals
process under which the director of a Job Corps campus
may submit a request that an enrollee who has engaged
in an activity which is a violation of the guidelines
established pursuant to subsection (b)(2)(A) remain
enrolled in the program, but be subject to other
disciplinary actions in lieu of automatic separation
from the program.
``(B) Contents.--A request under subparagraph (A)
shall include--
``(i) a signed certification from the
director attesting that, to the belief of the
director, the continued enrollment of such
enrollee would not impact the safety or
learning environment of the campus; and
``(ii) the behavioral records of such
enrollee.
``(C) Default approval.--The Secretary shall review
such appeal within 30 days of receiving such appeal and
either approve or deny the appeal. An appeal shall be
considered approved if the Secretary has not denied
such appeal after 30 days.''.
SEC. 161. COMMUNITY PARTICIPATION.
Section 153 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3203) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) in subsection (a), by striking ``centers'' and
inserting ``campuses'';
(3) in subsection (b)(1)(C)--
(A) in clause (iii), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(v) industry or sector partnerships, where
applicable; and''; and
(4) in subsection (c), in the heading, by striking
``Centers'' and inserting ``Campuses''.
SEC. 162. WORKFORCE COUNCILS.
Section 154 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3204) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) in subsection (b)(1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting the following after subparagraph
(B):
``(C) representatives of community-based
organizations; and'';
(3) in subsection (c)(2)(C), by inserting ``, recognized
postsecondary credentials,'' after ``skills''; and
(4) in subsection (d), in the heading, by striking ``New
Centers'' and inserting ``New Campuses''.
SEC. 163. ADVISORY COMMITTEES.
Section 155 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3205) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'';
(2) by striking ``centers'' and inserting ``campuses'';
(3) by striking ``center'' and inserting ``campus''; and
(4) by adding at the end the following:
``(b) Advisory Committee to Improve Job Corps Safety and
Performance.--Not later than one year after the date of enactment of
the A Stronger Workforce for America Act, the Secretary shall establish
an advisory committee to provide recommendations on effective or
evidence-based strategies to improve--
``(1) safety, security, and learning conditions on Job
Corps campuses;
``(2) the standards for campus safety established under
section 159(c)(4);
``(3) the levels of performance established under section
159(c)(1), including recommendations to improve the
effectiveness and rigor of such levels of performance and
recommendations to ensure such levels promote continuous
performance improvement; and
``(4) the effectiveness of performance improvement plans
and other measures to continuously improve the performance of
the Job Corps program.''.
SEC. 164. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE.
Section 156 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3206) is amended--
(1) by striking ``center'' and inserting ``campus'';
(2) by striking ``centers'' and inserting ``campuses''; and
(3) in subsection (b)--
(A) by striking ``\1/4\ of 1 percent to provide''
and inserting ``1.25 percent to provide''; and
(B) in paragraph (1), by striking ``and'' at the
end of subparagraph (C) and by adding at the end the
following:
``(D) in the development and implementation of a
behavior management plan under section 152(a); and
``(E) in complying with the campus and student
safety standards described in section 159(c)(4); and''.
SEC. 165. SPECIAL PROVISIONS.
Section 158 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3208) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus''; and
(2) in subsection (f)--
(A) by striking ``may accept on behalf of the Job
Corps or individual Job Corps campuses charitable
donations of cash'' and inserting ``(or the Secretary
of Agriculture, as appropriate), on behalf of the Job
Corps, or a Job Corps campus operator, on behalf of
such campus, may accept grants, charitable donations of
cash,''; and
(B) by inserting at the end the following:
``Notwithstanding sections 501(b) and 522 of title 40,
United States Code, any property acquired by a Job
Corps campus shall be directly transferred, on a
nonreimbursable basis, to the Secretary.''.
SEC. 166. MANAGEMENT INFORMATION.
(a) Levels of Performance.--Section 159 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3209) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--The Secretary'';
(ii) by inserting ``that are ambitious yet
achievable and'' after ``program''; and
(iii) by adding at the end the following
new subparagraphs:
``(B) Levels of performance.--In establishing the
expected levels of performance under subparagraph (A)
for a Job Corps campus, the Secretary may take into
account factors including--
``(i) how the levels involved compare with
the recent performance of such campus and the
performance of other campuses within the same
State or geographic region;
``(ii) the levels of performance set for
the primary indicators of performance described
in section 116(b)(2)(A)(ii) for the youth
programs authorized under chapter 2 of subtitle
B for the State in which the campus is located;
``(iii) the extent to which the levels
involved promote continuous improvement in
performance on the primary indicators of
performance by such campus and ensure optimal
return on the use of Federal funds; and
``(iv) any other considerations identified
by the Secretary after reviewing the
recommendations of the advisory group described
in section 155(b).
``(C) Performance per contract.--The Secretary
shall ensure the expected levels of performance are
established in the relevant contract or agreement.
``(D) Adjustments based on economic conditions and
individuals served during the program year.--
``(i) In general.--In the event of a
significant economic downturn, the Secretary
shall adjust the applicable levels of
performance for each of the campuses for a
program year to reflect the actual economic
conditions during such program year.
``(ii) Report to congress.--Prior to
implementing the adjustments described in
clause (i), the Secretary shall submit to the
Committee on Education and the Workforce of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate a report explaining the reason for such
adjustments.
``(E) Review of levels of performance.--The Office
of Inspector General of the Department of Labor shall,
every 5 years, submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate, and publish in the Federal Register and on
a publicly available website of the Department, a
report containing--
``(i) a quadrennial review of the expected
levels of performance; and
``(ii) an evaluation of whether--
``(I) the Secretary is establishing
such expected levels of performance in
accordance with this Act; and
``(II) such expected levels have
led to continued improvement of the Job
Corps program.'';
(B) in paragraph (2)(B), by striking ``(L), and
(M)'' and inserting ``(M), and (N)'';
(C) in paragraph (3)(B), by striking ``(J), and
(K)'' and inserting ``(K), and (L)'';
(D) by redesignating paragraph (4) as paragraph
(5);
(E) by inserting after paragraph (3) the following:
``(4) Campus safety.--
``(A) In general.--The Secretary shall establish
campus and student safety standards. The Secretary
shall provide technical assistance and develop a safety
improvement plan for a Job Corps campus that fails to
achieve such standards.
``(B) Considerations.--In establishing the campus
and student safety standards under subparagraph (A),
the Secretary shall take into account--
``(i) incidents related to safety that are
reported to the Secretary;
``(ii) survey data from enrollees, faculty,
staff, and community members; and
``(iii) any other considerations identified
by the Secretary after reviewing the
recommendations of the advisory group described
in section 155(b).'';
(F) in paragraph (5), as so redesignated--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(C) the number of contracts that were awarded a
renewal compared to those eligible for a renewal;
``(D) the number of campuses where the contract was
awarded to a new operator; and
``(E) the number of campuses that were required to
receive performance improvement, as described under
subsection (f)(2).''; and
(G) by adding at the end the following:
``(6) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the use
of State wage records to evaluate the performance of Job Corps
campuses on the employment and earnings indicators described in
clause (i)(III) of subparagraph (A) of section 116(b)(2) and
subclauses (I) and (II) of clause (ii) of such subparagraph for
the purposes of the report required under paragraph (5).'';
(3) in subsection (d)(1)--
(A) by inserting ``and make available on the
website of the Department pertaining to the Job Corps
program in a manner that is consumer-tested to ensure
it is easily understood, searchable, and navigable,''
after ``subsection (c)(4),'';
(B) in subparagraph (B), by striking ``gender'' and
inserting ``sex'';
(C) in subparagraph (F), by striking ``regular
secondary school diploma'' and inserting ``regular high
school diploma'';
(D) in subparagraph (G), by striking ``regular
secondary school diploma'' and inserting ``regular high
school diploma'';
(E) by redesignating subparagraphs (J) through (O)
as subparagraphs (K) through (P), respectively; and
(F) by inserting the following after subparagraph
(I):
``(J) the number of appeals under section 152(c)
and a description of each appeal that was approved;'';
(4) in subsection (e), by striking ``116(i)(2)'' and
inserting ``116(j)(2)''; and
(5) in subsection (g)(2), by striking ``comply'' and
inserting ``attest to compliance''.
(b) Performance Assessments and Improvements.--Section 159(f) of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3209) is
amended to read as follows:
``(f) Performance Assessments and Improvements.--
``(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps campus on the
primary indicators of performance described in section
116(b)(2)(A)(ii), where each indicator shall be given equal
weight in determining the overall performance of the campus.
Based on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps program.
``(2) Performance improvement.--
``(A) Comprehensive improvement.--
``(i) In general.--With respect to a Job
Corps campus that, for a program year, performs
as described in clause (ii) and is not already
subject to a performance improvement plan under
this paragraph for such program year or the
succeeding program year, the Secretary shall
develop and implement, for a comprehensive
improvement period beginning with the
succeeding program year, a performance
improvement plan that meets the requirements of
clause (iii).
``(ii) Performance failures.--A Job Corps
campus performs as described in this clause if,
for a program year, such campus--
``(I) fails to meet an average of
90 percent on the expected levels of
performance across all the primary
indicators of performance specified in
subsection (c)(1); and
``(II) is ranked among the lowest
20 percent of all Job Corps campuses.
``(iii) Performance improvement plan
requirements.--A performance improvement plan,
with respect to a Job Corps campus, shall
require the Secretary to take substantial
action during a 3 consecutive program year
period (in this paragraph, referred to as a
`comprehensive improvement period') to improve
the performance of such campus, which shall
include--
``(I) providing technical
assistance to the campus;
``(II) changing the management
staff of the campus;
``(III) changing the career and
technical education and training
offered at the campus;
``(IV) replacing the operator of
the campus; or
``(V) reducing the capacity of the
campus.
``(B) Chronic failure.--
``(i) In general.--With respect to a Job
Corps campus that, for the two consecutive
program years immediately following a
comprehensive improvement period and regardless
of whether such campus is subject to a
subsequent comprehensive improvement period,
fails to meet an average of 85 percent on the
expected levels of performance across all the
primary indicators and is ranked among the
lowest 15 percent of all Job Corps campuses,
the Secretary shall take further substantial
action to improve the performance of such
campus, which shall include--
``(I) relocating the campus;
``(II) closing the campus; or
``(III) notifying the State in
which the campus is located of such
failure and, if such State submits a
written plan to operate a residential
campus in the current location, the
Secretary--
``(aa) shall enter into a
memorandum of understanding
with the State for the purpose
of so operating a residential
campus and award funding
directly to the State for such
purpose;
``(bb) may encourage
innovation in such memorandum
of understanding by waiving any
statutory or regulatory
requirement of this subtitle
except for those related to
participant eligibility under
section 144, program activities
under section 148, counseling
and job placement under section
149, standards of conduct under
section 152, and performance
reporting and accountability
under this section; and
``(cc) if a State chooses
to award funds received under
this clause to an entity that
is not a State agency or other
State entity, require that such
State develop award criteria
that will give priority
consideration for the primary
contract or grant for operation
of the campus to any applicant
that is a non-profit
organization with expertise in
serving opportunity youth and
that otherwise meets such award
criteria.
``(ii) Indian tribes.--
``(I) In general.--In the case of a
Job Corps campus described in clause
(i) that is located on an Indian
reservation, subclause (III) of such
clause shall be applied by--
``(aa) by substituting
`Indian Tribe' for `State' in
each place it appears; and
``(bb) in item (cc), by
substituting `Tribal
organization' for `State agency
or other State entity'.
``(II) Definition.--In this
paragraph, the terms `Indian Tribe' and
`Tribal organization' have the meanings
given such terms in subsections (e) and
(l), respectively, of section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(3) Additional performance improvement.--In addition to
the performance improvement plans required under paragraph (2),
the Secretary may develop and implement additional performance
improvement plans for a Job Corps campus that fails to meet
criteria established by the Secretary other than the expected
levels of performance described in subsection (c)(1).
``(4) Civilian conservation centers.--With respect to a
Civilian Conservation Center that, for 3 consecutive program
years, fails to meet an average of 90 percent of the expected
levels of performance across all the primary indicators of
performance specified in subsection (c)(1) and is ranked among
the lowest 15 percent of campuses, the Secretary of Labor or,
if appropriate, the Secretary of Agriculture shall select, on a
competitive basis, an entity to operate part or all of the
Civilian Conservation Center in accordance with the
requirements of section 147.''.
(c) Conforming Amendments.--Section 159 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3209) is further amended--
(1) in subsection (a)(3), by striking ``centers'' and
inserting ``campuses'';
(2) in subsection (g)(1), in the heading, by striking
``Center'' and inserting ``Campus''; and
(3) in subsection (j), in the heading, by striking
``Center'' and inserting ``Campus''.
SEC. 167. JOB CORPS OVERSIGHT AND REPORTING.
Section 161 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3211) is amended--
(1) in subsection (c)--
(A) in the heading, by striking ``Center'' and
inserting ``Campus''; and
(B) by striking ``center'' and inserting
``campus'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Report on Implementation of Recommendations.--The Secretary
shall, on an annual basis, prepare and submit to the applicable
committees a report regarding the implementation of all outstanding
recommendations regarding the Job Corps program from the Office of
Inspector General of the Department of Labor or the Government
Accountability Office.''.
SEC. 168. AUTHORIZATION OF APPROPRIATIONS.
Section 162 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3212) is amended to read as follows:
``SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle $1,760,155,000 for each of the fiscal years 2025 through
2030.''.
SEC. 169. CONFORMING AMENDMENTS.
Section 146(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3196(a)) is amended by striking ``App. 451'' and inserting
``3801''.
Subtitle E--National Programs
SEC. 171. NATIVE AMERICAN PROGRAMS.
Section 166 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3221) is amended--
(1) in subsection (a)(2), by striking ``(25 U.S.C. 450 et
seq.)'' and inserting ``(25 U.S.C. 5301 et seq.)'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``(25 U.S.C.
450b)'' and inserting ``(25 U.S.C. 5304)''; and
(B) in paragraph (3), by inserting ``(20 U.S.C.
7517)'' before the period at the end;
(3) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B)--
(i) by striking ``leading'' and inserting
``or self-employment that leads''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) are evidence-based, to the extent
practicable.'';
(4) in subsection (d)(2), by striking subparagraph (B) and
inserting the following:
``(B) Administrative costs.--Not more than 15
percent of the funds made available to an entity under
subsection (c) may be used for the administrative costs
of the activities and services described in
subparagraph (A).
``(C) Special rules.--
``(i) Eligibility.--Notwithstanding any
other provision of this section, individuals
who were eligible to participate in programs
under section 401 of the Job Training
Partnership Act (as such section was in effect
on the day before the date of enactment of the
Workforce Investment Act of 1998) shall be
eligible to participate in an activity assisted
under this section.
``(ii) Transfer of unobligated funds.--An
entity receiving funds under subsection (c) may
transfer such funds that are unobligated for an
award year to the following award year for
activities described in subparagraph (A)(i) in
that following award year.'';
(5) in subsection (e)(3), by inserting ``or to develop
skills necessary for successful self-employment'' before the
semicolon at the end;
(6) in subsection (h)--
(A) in paragraph (1)--
(i) in the heading, by striking the heading
and inserting ``Performance standards'';
(ii) by striking subparagraph (A) and
inserting the following:
``(A) Consultation on performance standards.--The
Secretary, in consultation with the Native American
Employment and Training Council, shall develop
performance standards on the primary indicators of
performance described in section 116(b)(2)(A) that
shall be applicable to programs under this section.'';
and
(iii) in subparagraph (B), in the matter
preceding clause (i), by striking ``indicators
and'';
(B) in paragraph (2), by striking ``section
116(b)(2)(A)'' and all that follows through the period
at the end of the paragraph and inserting the
following: ``section 116(b)(2)(A)--
``(A) taking into consideration--
``(i) economic conditions;
``(ii) characteristics and needs of the
individuals and groups served, including the
differences in needs among such groups in
various geographic service areas; and
``(iii) other appropriate factors,
including the economic circumstances of the
communities served; and
``(B) using, to the extent practicable, the
statistical adjustment model under section
116(b)(3)(A)(viii).''; and
(C) by adding at the end the following:
``(3) Program plan.--The levels agreed to under paragraph
(2) shall be the adjusted levels of performance and shall be
incorporated in the program plan.
``(4) Wage records.--
``(A) In general.--The Secretary shall make
arrangements with any State or other appropriate entity
to facilitate the use of State wage records to evaluate
the performance of entities funded under this section
on the employment and earnings indicators described in
subclauses (I) through (III) of section 116(b)(2)(A)(i)
for the purposes of the report required under paragraph
(5).
``(B) Other wage records.--For any individual
working in Indian country (as defined in section 1151
of title 18, United States Code) whose wages are not
submitted to a relevant State as an unemployment
insurance wage record, the Indian tribe with
jurisdiction over that Indian country may submit other
forms of documentation of the wages of such individual
to the State for purposes of the report required under
paragraph (5).
``(5) Performance results.--For each program year, the
Secretary shall make available on a publicly accessible website
of the Department of Labor a report on the performance, during
such program year, of entities funded under this section on--
``(A) the primary indicators of performance
described in section 116(b)(2)(A); and
``(B) the adjusted levels of performance for such
entities as described in paragraph (2).'';
(7) in subsection (i)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``Using'' and
inserting the following:
``(i) Establishment.--Using''; and
(II) by adding at the end the
following:
``(ii) Recommendations.--The Secretary
shall meet, on not less than an annual basis,
with the Council to consider recommendations
from the Council on the operation and
administration of the programs assisted under
this section.'';
(ii) in subparagraph (B)--
(I) by striking ``The Council'' and
inserting the following:
``(i) In general.--The Council''; and
(II) by inserting at the end the
following:
``(ii) Vacancies.--An individual appointed
to fill a vacancy on the Council occurring
before the expiration of the term for which the
predecessor of such individual was appointed
shall be appointed only for the remainder of
that term. Such an individual may serve on the
Council after the expiration of such term until
a successor is appointed.''; and
(iii) in subparagraph (F), by inserting ``,
virtually or in person'' before the period at
the end; and
(B) in paragraph (6)--
(i) by striking ``more than one State'' and
inserting ``a State'';
(ii) by inserting ``or provided by another
grantee that receives funds awarded under
subtitle B from any State for adult, youth, or
dislocated worker programs'' after ``this
title'';
(iii) by striking ``Governors of the
affected States'' and inserting ``Governor of
any affected State''; and
(iv) by striking ``the States'' and
inserting ``the State or other grantee''; and
(8) by amending subsection (k)(2) to read as follows:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$542,000 for each of the fiscal years 2025 through 2030.''.
SEC. 172. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3222) is amended--
(1) in subsection (b)--
(A) by striking ``To be'' and inserting the
following:
``(1) In general.--To be''; and
(B) by adding at the end the following:
``(2) Prohibition on geographic limitations.--In
determining eligibility under paragraph (1), the Secretary may
not place limitations on the geographic location of the entity
or on the intended area to be served.'';
(2) in subsection (c), by adding at the end the following:
``(5) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the use
of State wage records to evaluate the performance of entities
funded under this section on the employment and earnings
indicators described in subclauses (I) through (III) of section
116(b)(2)(A)(i) for the purposes of the report required under
paragraph (6).
``(6) Performance results.--For each program year, the
Secretary shall make available on a publicly accessible website
of the Department a report on the performance, during such
program year, of entities funded under this section on--
``(A) the primary indicators of performance
described in section 116(b)(2)(A); and
``(B) the adjusted levels of performance for such
entities as described in paragraph (3).'';
(3) in subsection (d)(1), by inserting ``development of
digital literacy skills,'' after ``literacy instruction,'';
(4) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively;
(5) by inserting after subsection (d) the following:
``(e) Administrative Costs.--Not more than 10 percent of the funds
provided to an entity under this section may be used for the
administrative costs of the activities and services carried out under
subsection (d).''; and
(6) in subsection (i), as so redesignated--
(A) in the heading, by striking ``Allocation'' and
inserting ``Allocation; Funding Obligation'';
(B) by striking ``From'' and inserting the
following:
``(1) Funding allocation.--From''; and
(C) by adding at the end the following:
``(2) Funding obligation.--Funds appropriated and made
available to carry out this section for any fiscal year may be
obligated by the Secretary during the period beginning on April
1 of the calendar year that begins during such fiscal year and
ending on June 30 of the following calendar year to be made
available to an entity described in subsection (b).''.
SEC. 173. TECHNICAL ASSISTANCE.
(a) General Technical Assistance.--Section 168(a)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3223(a)(1)) is
amended--
(1) by striking ``appropriate training, technical
assistance, staff development'' and inserting ``appropriate
education, technical assistance, professional development for
staff'';
(2) in subparagraphs (B), (C), and (D), by striking
``training'' each place it appears and inserting ``professional
development'';
(3) by redesignating subparagraphs (G) and (H) as
subparagraphs (J) and (K), respectively; and
(4) by inserting after subparagraph (F) the following:
``(G) assistance to the one-stop delivery system
and the Employment Service established under the
Wagner-Peyser Act for the integration of basic career
service activities pursuant to section 134(c)(2)(A);
``(H) assistance to States with maintaining, and
making accessible to jobseekers and employers, the
lists of eligible providers of training services
required under section 122;
``(I) assistance to States that apply for such
assistance under section 122(j) for the purposes
described in such subsection;''.
(b) Performance Accountability Technical Assistance.--Section
168(b) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3223(b)) is amended--
(1) in the header, by striking ``Dislocated Worker'' and
inserting ``Performance Accountability''; and
(2) in paragraph (1)--
(A) in the first sentence--
(i) by inserting ``, pursuant to paragraphs
(1) and (2) of section 116(f),'' after
``technical assistance''; and
(ii) by striking ``with respect to
employment and training activities for
dislocated workers'' and inserting ``with
respect to the core programs''; and
(B) in the second sentence--
(i) by striking ``assistance to dislocated
workers'' and inserting ``assistance to
individuals served by a core program''; and
(ii) by striking ``provided to dislocated
workers'' and inserting ``provided to such
individuals''.
(c) Communities Impacted by Substance Use Disorders.--Section 168
of the Workforce Innovation and Opportunity Act (29 U.S.C. 3223) is
further amended by adding at the end the following:
``(d) Communities Impacted by Substance Use Disorders.--The
Secretary shall, as part of the activities described in subsection
(c)(2), evaluate and disseminate to States and local areas information
regarding evidence-based and promising practices for addressing the
economic workforce impacts associated with high rates of substance use
disorders, which information shall--
``(1) be updated annually to reflect the most recent and
available research; and
``(2) include information--
``(A) shared by States and local areas regarding
effective practices for addressing such impacts; and
``(B) on how to apply for any funding that may be
available under section 170(b)(1)(E).''.
SEC. 174. EVALUATIONS AND RESEARCH.
(a) In General.--Section 169 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3224) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by redesignating subparagraph (G) as
subparagraph (H);
(ii) in subparagraph (F)--
(I) by striking ``; and'' at the
end; and
(II) by inserting ``, including
individuals with barriers to
employment'' after ``demographic
groups''; and
(iii) by inserting the following after
subparagraph (F):
``(G) the extent to which such programs or
activities are using emerging technology to--
``(i) collect, analyze, use, and
disseminate accurate and transparent local and
State level labor market information;
``(ii) integrate administrative data, in
accordance with Federal and State privacy laws,
to more comprehensively understand and improve
education and workforce outcomes; and
``(iii) identify and address deficiencies
in existing Federal, State, and local workforce
data infrastructure and related source systems;
and'';
(B) in paragraph (3)--
(i) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Limitation.--The Secretary may not use the
authority described in subparagraph (A) if the
evaluations required under paragraph (1) have not been
initiated or completed in the time period required.'';
and
(C) in paragraph (4), in the second sentence--
(i) by striking ``The Secretary'' and
inserting ``Beginning after the date of
enactment of the A Stronger Workforce for
America Act, the Secretary''; and
(ii) by striking ``2019'' and inserting
``2028''; and
(2) in subsection (b)--
(A) by amending paragraph (4) to read as follows:
``(4) Studies and reports.--
``(A) Study on employment conditions.--The
Secretary, in coordination with other heads of Federal
agencies, as appropriate, may conduct a study examining
the nature of participants' unsubsidized employment
after exit from programs carried out under this Act--
``(i) including with respect to factors
such as the availability of paid time off in
the employment, health and retirement benefits
provided through the employment, workplace
safety standards at the place of employment,
the predictability and stability of the work
schedule for the employment, the ability to
obtain through the employment credentials that
may permit articulation into a higher level or
other degree or credential program, and
advancement opportunities in the employment;
and
``(ii) that includes a description of the
feasibility of Congress establishing, through
future legislation, an indicator of performance
under section 116 related to such factors.
``(B) Study on improving workforce services for
individuals with disabilities.--The Secretary of Labor,
in coordination with the Secretary of Education and the
Secretary of Health and Human Services, may conduct
studies that analyze the access to services by
individuals with disabilities, including whether an
individual who is unable to receive services under
title IV due to a wait list for such services is able
to receive services under titles I through III.
``(C) Study on the effectiveness of pay for
performance.--The Secretary shall, not later than 4
years after the date of enactment of the A Stronger
Workforce for America Act, conduct a study that--
``(i) compares the effectiveness of the
pay-for-performance strategies used under
sections 129, 134, and 172 after such date of
enactment to the awarding of grants and
contracts under such sections as in effect on
the day before the date of enactment of such
Act; and
``(ii) examines, with respect to grants
under sections 129, 134, and 172 after such
date of enactment--
``(I) the competition structure of
pay-for-performance grants and
contracts under such sections;
``(II) the quality of applications
received for grants and contracts under
such sections; and
``(III) whether individuals with
barriers to employment were effectively
served under the pay-for-performance
strategies for grants and contracts
under such sections.
``(D) Study on individual training accounts for
dislocated workers.--The Secretary shall, not later
than 4 years after the date of enactment of the A
Stronger Workforce for America Act, conduct a study
that compares the usage of individual training accounts
for dislocated workers after such date of enactment to
the usage of such accounts prior to such date of
enactment, including a comparison of--
``(i) the types of training services and
occupations targeted by dislocated workers when
using their individual training accounts; and
``(ii) the effectiveness of the skills
development funded through individual training
accounts in helping such individuals attain
credentials and secure unsubsidized employment.
``(E) Study on statewide critical industry skills
funds.--The Secretary shall, not later than 4 years
after the date of enactment of the A Stronger Workforce
for America Act, conduct a study that will review the
usage of statewide critical industry skills funds
established by States under section 134(a)(4) and
identify, for purposes of measuring the overall
effectiveness of the program--
``(i) the industries targeted by the funds
under section 134(a)(4);
``(ii) the occupations for which workers
are being upskilled;
``(iii) how frequently skills development
is provided to prospective workers and
incumbent workers, and
``(iv) the reported performance outcomes.
``(F) Study on industry or sector partnership and
career pathways development funds.--The Secretary
shall, not later than 4 years after the date of
enactment of the A Stronger Workforce for America Act,
conduct a study that will review the usage of industry
or sector partnership and career pathways development
funds established by States under section 134(a)(5) and
identify, for purposes of measuring the overall
effectiveness of the program--
``(i) the industries targeted by the funds
under section 134(a)(5) and the growth in
employment opportunities in such industries
over the period of the study;
``(ii) the occupations workers are
receiving skills development for and how
frequently such skills development is occurring
through the funds under section 134(a)(5);
``(iii) the States where such funds were
used to establish new industry or sector
partnerships, the States where such funds were
used to expand existing industry or sector
partnerships, and an overview of the types of
partners participating in such partnerships;
and
``(iv) the reported performance outcomes.
``(G) Study on the effectiveness of employer-based
training.--The Secretary shall, not later than 4 years
after the date of enactment of the A Stronger Workforce
for America Act, conduct a study that measures the
effectiveness of on-the-job training, employer-directed
skills training, apprenticeship, and incumbent worker
training under this title in preparing jobseekers and
workers, including those with barriers to employment,
for unsubsidized employment. Such study shall include
the cost per participant and wage and employment
outcomes, as compared to other methods of training.
``(H) Study on the effectiveness and use of
emerging technology in the workforce development
system.--The Secretary shall, not later than 4 years
after the date of enactment of the A Stronger Workforce
for America Act, conduct a study that--
``(i) measures the effectiveness of
emerging technology (including artificial
intelligence and machine learning) and other
advanced computational methods, in improving
State workforce development system service
delivery, labor market data system performance,
data collection and integration to understand
participant and program outcomes, and end-user
tools for facilitating career exploration or
related data insights;
``(ii) measures the extent to which States
have adopted and implemented such technology
and methods in their workforce development
systems, including by describing how the
technology or method is being used, analyzing
the accuracy of such technology or method, and
identifying any exhibited bias by any such
technology or method; and
``(iii) includes an analysis of the
consequences of advances in automation
technology on employment opportunities, skills
development, including digital literacy skills
development, and worker dislocation.
``(I) Study on the alignment between education and
workforce development systems.--The Secretary of Labor,
in coordination with the Secretary of Education, shall,
not later than 4 years after the date of enactment of
the A Stronger Workforce for America Act, conduct a
study on the alignment of workforce development
programs under this Act with elementary and secondary
education and postsecondary education. The study shall
examine--
``(i) State efforts to integrate data
related to career and technical education
programs, dual enrollment programs, pre-
apprenticeships and apprenticeships, and other
work-based learning programs to inform
decisionmaking and improve educational
opportunities and outcomes;
``(ii) challenges related to and strategies
that promote such alignment to facilitate
student participation in high-quality college
and career pathways; and
``(iii) governance structures and funding
sources to promote such alignment.
``(J) Study on job corps.--The Secretary of Labor
shall, not later than 4 years after the date of
enactment of the A Stronger Workforce for America Act,
conduct an evaluation that--
``(i) uses the most rigorous available
methods that are appropriate and feasible to
evaluate program effectiveness;
``(ii) measures the effect of the Job Corps
program on participating individuals on
outcomes related to the purposes described in
section 141(1), including educational
attainment, employment, earnings, and other
related outcomes, compared with the non-
participant peers of those individuals, to
determine if the program has a statistically
significant effect (including long-term
effects) on such outcomes; and
``(iii) evaluates the cost-effectiveness of
the program.
``(K) Reports.--The Secretary shall prepare and
disseminate to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives, and on the publicly available website
of the Department, reports containing the results of
the studies conducted under this paragraph.''; and
(B) in paragraph (5), by adding at the end the
following:
``(C) Evaluation of grants.--
``(i) In general.--For each grant or
contract awarded under this paragraph, the
Secretary shall conduct a rigorous evaluation
of the multistate project to determine the
impact of the activities supported by the
project, including the impact on the employment
and earnings of program participants.
``(ii) Report.--The Secretary shall prepare
and disseminate to the Committee on Health,
Education, Labor, and Pensions of the Senate
and the Committee on Education and the
Workforce of the House of Representatives, and
to the public, including through electronic
means, reports containing the results of
evaluations conducted under this
subparagraph.''.
(b) Workforce Data Quality Initiative.--Section 169 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3224) is further
amended by adding at the end the following:
``(d) Workforce Data Quality Initiative.--
``(1) Grant program.--Of amounts made available pursuant to
section 132(a)(2)(A) for any program year, the Secretary shall
use not less than 5 percent and not more than 10 percent of
such amounts, and may also use funds authorized for purposes of
carrying out this section, to award grants to eligible entities
to create workforce longitudinal data systems and associated
resources for the purposes of strengthening program quality,
building State capacity to produce evidence for decisionmaking,
meeting performance reporting requirements, protecting privacy,
and improving transparency.
``(2) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit an application
to the Secretary at such time and in such manner as the
Secretary may require, which shall include--
``(A) a description of the proposed activities that
will be conducted by the eligible entity, including a
description of the need for such activities and a
detailed budget for such activities;
``(B) a description of the expected outcomes and
outputs (such as systems or products) that will result
from the proposed activities and the proposed uses of
such outputs;
``(C) a description of how the proposed activities
will--
``(i) support the reporting of performance
data, including employment and earnings
outcomes, for the performance accountability
requirements under section 116, including
outcomes for eligible providers of training
services;
``(ii) improve workforce data
standardization across programs in the State;
and
``(iii) improve the collection, accuracy,
timeliness, and usability of real-time,
economy-wide data on new and emerging skills
and in-demand occupational roles;
``(D) a description of the methods and procedures
the eligible entity will use to ensure the security and
privacy of the collection, storage, and use of all data
involved in the systems and resources supported through
the grant, including compliance with State and Federal
privacy and confidentiality statutes and regulations;
and
``(E) a plan for how the eligible entity will
continue the activities or sustain the use of the
outputs created with the grant funds after the grant
period ends.
``(3) Priority.--In awarding grants under the subsection,
the Secretary shall give priority to--
``(A) eligible entities that are--
``(i) a State agency of a State that has
not previously received a grant from the
Secretary for the purposes of this subsection
and demonstrates a substantial need to improve
its data infrastructure; or
``(ii) a consortium of State agencies that
is comprised of State agencies from multiple
States and includes at least one State agency
described in clause (i) and has the capacity to
make significant contributions toward building
interoperable, cross-State data infrastructure;
and
``(B) eligible entities that will use grant funds
to--
``(i) expand the adoption and use of
linked, open, and interoperable data on
credentials, including through the development
of a credential registry or other tools and
services designed to help learners and workers
make informed decisions, such as the credential
navigation feature described in section
122(d)(2);
``(ii) participate in and contribute data
to a multistate data collaborative, including
data that provide participating States the
ability to better understand--
``(I) earnings and employment
outcomes of individuals who work out-
of-State; and
``(II) cross-State earnings and
employment trends;
``(iii) enhance collaboration with private
sector workforce and labor market data entities
and the end-users of workforce and labor market
data, including individuals, employers,
economic development agencies, and workforce
development providers;
``(iv) leverage the use of non-Federal
contributions to improve workforce data
infrastructure, including staff capacity
building; or
``(v) expand existing statewide integrated
longitudinal data systems, including such
systems receiving assistance under section 208
of the Educational Technical Assistance Act of
2002 (20 U.S.C. 9607).
``(4) Use of funds.--In addition to the activities
described in paragraph (3)(B), an eligible entity awarded a
grant under this subsection may use funds to carry out any of
the following activities:
``(A) Developing or enhancing a State's workforce
longitudinal data system, including by participating
and contributing data to the State's data system, if
applicable, that links with elementary and secondary
school and postsecondary data.
``(B) Accelerating the replication and adoption of
data systems, projects, products, or practices already
in use in one or more States to other States.
``(C) Research and labor market data improvement
activities to improve the timeliness, relevance, and
accessibility of such data through pilot projects that
are developed locally but designed to scale to other
regions or States.
``(D) Establishing, enhancing, or connecting to a
system of interoperable learning and employment records
that provides individuals who choose to participate in
such system ownership of a verified and secure record
of their skills and achievements and the ability to
share such record with employers and education
providers.
``(E) Developing policies, guidelines, and security
measures for data collection, storing, and sharing to
ensure compliance with relevant Federal and State
privacy laws and regulations.
``(F) Increasing local board access to and
integration with the State's workforce longitudinal
data system in a secure manner.
``(G) Creating or participating in a data exchange
for collecting and using standards-based jobs and
employment data including, at a minimum, job titles or
occupation codes.
``(H) Improving State and local staff capacity to
understand, use, and analyze data to improve
decisionmaking and improve participant outcomes.
``(5) Administration.--
``(A) Duration.--A grant awarded under this
subsection may be for a period of up to 3 years.
``(B) Supplement, not supplant.--Funds made
available under this subsection shall be used to
supplement, and not supplant, other Federal, State, or
local funds used for development of State data systems.
``(C) Report.--Each eligible entity that receives a
grant under this subsection shall submit a report to
the Secretary not later than 180 days after the
conclusion of the grant period on the activities
supported through the grant and improvements in the use
of workforce and labor market information that have
resulted from such activities.
``(6) Definitions.--In this subsection, the term `eligible
entity' means a State agency or consortium of State agencies,
including a multistate data collaborative, that is or includes
the State agencies responsible for--
``(A) State employer wage records used by the
State's unemployment insurance programs in labor market
information reporting and analysis and for fulfilling
the reporting requirements of this Act;
``(B) the production of labor market information;
and
``(C) the direct administration of one or more of
the core programs.''.
SEC. 175. NATIONAL DISLOCATED WORKER GRANTS.
Section 170 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3225) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D)(ii), by striking
the period at the end and inserting ``; and'';
and
(iii) by adding at the end the following:
``(E) to an entity described in subsection
(c)(1)(B) to provide employment and training activities
related to the prevention and treatment of substance
use disorders, including addiction treatment, mental
health treatment, and pain management, in an area that,
as a result of widespread substance use, addiction, and
overdoses, has higher-than-average demand for such
activities that exceeds the availability of State and
local resources to provide such activities.''; and
(B) by adding at the end the following:
``(3) Performance results.--The Secretary shall collect the
necessary information from each entity receiving a grant under
this section to determine the performance of such entity on the
primary indicators of performance described in section
116(b)(2)(A)(i) and make such information available on the
publicly accessible website of the Department in a format that
does not reveal personally identifiable information.''; and
(2) in subsection (c)--
(A) in paragraph (1)(A)--
(i) by striking ``subsection (b)(1)(A)''
and inserting ``subparagraph (A) or (E) of
subsection (b)(1)''; and
(ii) by striking ``, in such manner, and
containing such information'' and inserting
``and in such manner''; and
(B) in paragraph (2)--
(i) in subparagraph (B)--
(I) in the heading, by striking
``Retraining'' and inserting
``Reskilling''; and
(II) by striking ``retraining'' and
inserting ``reskilling'';
(ii) by redesignating subparagraphs (C) and
(D) as subparagraphs (D) and (E), respectively;
and
(iii) by inserting after subparagraph (B)
the following:
``(C) Substance use related grants.--In order to be
eligible to receive employment and training assistance
under a national dislocated worker grant awarded
pursuant to subsection (b)(1)(E), an individual shall
be--
``(i) a dislocated worker;
``(ii) a long-term unemployed individual;
``(iii) an individual who is unemployed or
significantly underemployed as a result of
widespread substance use in the area; or
``(iv) an individual who is employed or
seeking employment in a health care profession
involved in the prevention and treatment of
substance use disorders, including such
professions that provide addiction treatment,
mental health treatment, or pain management.''.
SEC. 176. YOUTHBUILD PROGRAM.
Section 171 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3226) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``homeless
individuals'' and inserting ``individuals experiencing
homelessness''; and
(B) in paragraph (5), by striking ``homeless and
low-income families'' and inserting ``low-income
families and families of individuals experiencing
homelessness'';
(2) in subsection (b)--
(A) by amending paragraph (4) to read as follows:
``(4) Individual experiencing homelessness.--The term
`individual experiencing homelessness' means an individual who
is a homeless individual (as defined in section 41403(6) of the
Violence Against Women Act of 1994 (34 U.S.C. 12473(6)) or a
homeless child or youth (as defined in section 725(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2))).'';
(B) in paragraph (5), by striking ``homeless
individuals'' and inserting ``individuals experiencing
homelessness'';
(C) in paragraph (7), by striking ``(25 U.S.C.
450b)'' and inserting ``(25 U.S.C. 5304)''; and
(D) in paragraph (12), by striking ``homeless
individuals'' and inserting ``individuals experiencing
homelessness'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) Amount of grants; reservation.--
``(A) Amount of grants.--Subject to subparagraph
(B), the Secretary is authorized to make grants to
applicants for the purpose of carrying out YouthBuild
programs approved under this section.
``(B) Reservation for rural areas and indian
tribes.--
``(i) Tribal reservation.--Subject to
clause (iii), in carrying out subparagraph (A),
the Secretary shall reserve not less than 5
percent of the total amount appropriated for
the purposes of that subparagraph to make
grants to applicants that are--
``(I) Indian tribes, tribal
organizations, or Native Hawaiian
organizations (as such term is defined
in section 166(b)); or
``(II) carrying out programs for
the benefit of Indians.
``(ii) Rural reservation.--Subject to
clause (iii), in carrying out subparagraph (A),
the Secretary shall reserve not less than 10
percent of the total amount appropriated for
purposes of that subparagraph to make grants to
applicants that are located in rural areas.
``(iii) Exception.--If the Secretary does
not receive a sufficient number of applications
of sufficient quality to award the amounts
reserved under clause (i) or amounts reserved
under clause (ii) in accordance with the
requirements of the applicable clause, the
Secretary may--
``(I) award grants to applicants
described in clause (i) or clause (ii),
as the case may be, in an amount not to
exceed $1,500,000 per grant; and
``(II) use any remaining amount
reserved under the applicable clause
to, notwithstanding the requirements of
that clause, award grants under
subparagraph (A) to other applications
that are not described in such
clause.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (iv)--
(aa) in subclause (II), by
striking ``language learners''
and inserting ``learners'';
(bb) in subclause (III), by
striking ``a secondary'' and
inserting ``a regular high'';
and
(cc) in subclause (IV), by
striking ``required'' and
inserting ``available Federal,
State, or institutional'';
(II) in clause (v), by striking
``drug and alcohol abuse'' and
inserting ``substance use disorder'';
(III) in clause (vii)--
(aa) by inserting ``to
ensure full participation in a
YouthBuild program, including
such services for individuals
with disabilities,'' after
``services''; and
(bb) by inserting
``unsubsidized'' after
``retaining''; and
(IV) in clause (viii), by inserting
``, including career services'' after
``assistance'';
(ii) in subparagraph (B), by striking
``homeless individuals'' and inserting
``individuals experiencing homelessness'' each
place the term appears; and
(iii) by adding at the end the following:
``(I) Provision of meals and other food assistance
to participants in conjunction with another activity
described in this paragraph.
``(J) Provision of information on and referral to
Federal and State means tested programs.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``such
time, in such manner, and containing such
information'' and inserting ``such time and in
such manner''; and
(ii) in subparagraph (B)--
(I) in the header, by striking
``Minimum requirements'' and inserting
``Requirements'';
(II) by striking ``, at a
minimum'';
(III) in clause (iii), by striking
``unions'' and inserting ``labor
organizations'';
(IV) by amending clause (v) to read
as follows:
``(v) a description of the educational and
job training activities, work opportunities,
postsecondary education and training
opportunities, and other services that will be
provided to participants, and how those
activities, opportunities, and services will--
``(I) prepare youth for employment
in in-demand industry sectors or
occupations in the labor market area
described in clause (i); and
``(II) support youth in attaining a
regular high school diploma or its
recognized equivalent;'';
(V) in clause (vii)--
(aa) by striking
``(including agencies of Indian
tribes)'' and inserting ``,
Indian tribes, tribal
organizations, and tribal
educational agencies (as such
term is defined in section
6132(b) of the Elementary and
Secondary Education Act of 1965
(20 U.S.C. 7452(b)))''; and
(bb) by striking ``homeless
individuals and other agencies
that serve youth who are
homeless individuals,'' and
inserting ``individuals
experiencing homelessness and
other agencies that serve youth
who are individuals
experiencing homelessness,'';
(VI) in clause (x), by inserting
``located in the region proposed to be
served by such applicant, as
applicable'' after ``tribes'';
(VII) by amending clause (xii) to
read as follows:
``(xii) a description of the levels of
performance the applicant expects to achieve on
the primary indicators of performance described
in section 116(b)(2)(A)(ii);'';
(VIII) in clause (xiii), by
striking ``unions'' and inserting
``labor organizations'';
(IX) by redesignating clauses (xv)
through (xxi) as clauses (xvi) through
(xxii), respectively; and
(X) by inserting after clause (xiv)
the following:
``(xv) a description of any strategies the
applicant will use to engage program
participants in providing feedback and
informing decision-making related to the
program;''; and
(D) in paragraph (4)--
(i) by striking ``such selection criteria
as the Secretary shall establish under this
section, which shall include criteria'' and
inserting ``selection criteria'';
(ii) in subparagraph (I), by striking
``homeless individuals'' and inserting
``individuals experiencing homelessness'';
(iii) in subparagraph (J)(iii), by adding
``and'' after the semicolon;
(iv) in subparagraph (K), by striking ``;
and'' and inserting a period; and
(v) by striking subparagraph (L);
(4) in subsection (d)--
(A) in paragraph (1), by striking ``homeless
individuals'' and inserting ``individuals experiencing
homelessness''; and
(B) in paragraph (2), by striking ``homeless
individuals'' and inserting ``individuals experiencing
homelessness'';
(5) in subsection (e)(1)--
(A) in subparagraph (A)(ii), by striking
``offender'' and inserting ``who is a justice-involved
individual''; and
(B) in subparagraph (B)(i)--
(i) by striking ``are basic skills
deficient'' and inserting ``have foundational
skill needs''; and
(ii) by striking ``secondary'' and
inserting ``regular high'';
(6) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) Use of wage records.--The Secretary shall make
arrangements with a State or other appropriate entity to
facilitate the use of State wage records to evaluate the
performance of YouthBuild programs funded under this section on
the employment and earnings indicators described in section
116(b)(2)(A)(ii) for the purposes of the report required under
paragraph (3).
``(3) Performance results.--For each program year, the
Secretary shall make available, on a publicly accessible
website of the Department, a report on the performance of
YouthBuild programs, during such program year, funded under
this section on--
``(A) the primary indicators of performance
described in section 116(b)(2)(A)(ii); and
``(B) the expected levels of performance for such
programs as described in paragraph (1).
``(4) Consultation.--In establishing expected levels of
performance under paragraph (1), the Secretary shall consult,
on not less than an annual basis, with entities carrying out
YouthBuild programs to ensure such levels of performance
account for the workforce development and postsecondary
education experiences of youth served by such programs.'';
(7) in subsection (g), by inserting at the end the
following:
``(4) Annual release of funding opportunity announcement.--
The Secretary shall, to the greatest extent practicable,
announce new funding opportunities for grants under this
section during the same time period each year for which such
grants are available.''; and
(8) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $108,150,000 for each of the
fiscal years 2025 through 2030.''.
SEC. 177. REENTRY EMPLOYMENT OPPORTUNITIES.
Subtitle D of title I of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3221 et seq.) is amended--
(1) by redesignating section 172 as section 175; and
(2) by inserting after section 171 the following:
``SEC. 172. REENTRY EMPLOYMENT OPPORTUNITIES.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the employment, earnings, and skill
attainment, and reduce recidivism, of adults and youth who have
been involved with the justice system;
``(2) to prompt innovation and improvement in the reentry
of justice-involved individuals into the workforce so that
successful initiatives can be established or continued, and
replicated; and
``(3) to further develop the evidence on how to improve
employment, earnings, and skill attainment, and reduce
recidivism, of justice-involved individuals, through rigorous
evaluations of specific services provided, including how they
affect different populations and how they are best combined and
sequenced, and disseminate such evidence to entities supporting
the reentry of justice-involved individuals into the workforce.
``(b) Reentry Employment Opportunities Program.--
``(1) In general.--From the amounts appropriated under
section 175(e) and not reserved under subsection (h), the
Secretary shall carry out a Reentry Employment Opportunities
Program, through which the Secretary--
``(A) except as provided in subparagraph (B), in
order to implement reentry projects that serve eligible
adults or eligible youth shall, on a competitive
basis--
``(i) make direct awards (through grants,
contracts, or cooperative agreements) to
eligible entities to implement such reentry
projects; and
``(ii) in any year for which the Secretary
makes awards under clause (i), make
intermediary awards to eligible entities who
are national or regional intermediaries, who
shall use the award funds--
``(I) to make direct awards to
eligible entities to implement such
reentry projects; or
``(II) to implement such reentry
projects; and
``(B) in order to implement youth reentry
employment opportunities projects, through that
program, that serve eligible youth shall, on a
competitive basis--
``(i) make direct awards to youth project
eligible entities to implement such youth
reentry projects; and
``(ii) in any year for which the Secretary
makes awards under clause (i), make
intermediary awards to youth project eligible
entities who are national or regional
intermediaries, who shall use the award funds--
``(I) to make direct awards to
youth project eligible entities to
implement such youth reentry projects;
or
``(II) to implement such youth
reentry projects.
``(2) Allocation to activities.--From the amounts
appropriated under section 175(e) and not reserved under
subsection (h), the Secretary--
``(A) shall use not less than 20 percent of such
amounts for awards under paragraph (1)(A) to eligible
entities to serve as national or regional
intermediaries to provide the award funds to other
eligible entities--
``(i) to implement reentry projects
described in paragraph (1)(A); and
``(ii) to monitor and support such
entities;
``(B) shall use not less than 20 percent of such
amounts for direct or intermediary awards under
paragraph (1)(B) to--
``(i) implement youth reentry projects
described in paragraph (1)(B); and
``(ii) in cases in which the award
recipients make direct awards to other youth
reentry project eligible entities, monitor and
support such entities;
``(C) shall use 20 percent of such amounts, from
the portion reserved to carry out paragraph (1)(A), to
award funds to eligible entities using pay-for-
performance contracts--
``(i) that specify a fixed amount that will
be paid to such an entity based on the
achievement, within a defined timeframe, of
proposed levels of performance described under
subsection (e)(2)(A) on the indicators of
performance described in subsection
(e)(1)(A)(i); and
``(ii) which may provide for bonus payments
to such entity to expand capacity to provide
effective services; and
``(D) shall ensure awards made under this section
are made to eligible entities from geographically
diverse areas, in addition to giving the priorities
described in paragraph (5).
``(3) Initial award periods.--The Secretary shall make an
award under this section for an initial period of not more than
4 years.
``(4) Additional awards.--The Secretary may make, for a
period of not more than 4 years, 1 or more additional awards to
an eligible entity that received an award under this section if
the eligible entity achieved the levels of performance agreed
upon with the Secretary (as described in subsection (e)(2)) for
the most recent award period.
``(5) Priority.--In awarding funds under this section, the
Secretary shall give priority to eligible entities whose
applications submitted under subsection (c) demonstrate a
commitment to use such funds to implement a reentry project--
``(A) that will serve a high-poverty area;
``(B) that will enroll eligible youth or eligible
adults--
``(i) prior to the release of such
individuals from incarceration in a
correctional institution; or
``(ii) not later than 90 days after such
release;
``(C) whose strategy and design are evidence-based;
``(D) for which the eligible entity will establish
a partnership with--
``(i) a business;
``(ii) an institution of higher education
or provider under section 122 (as determined by
the State where services are being provided) to
provide project participants with a program
leading to a recognized postsecondary
credential in an in-demand industry sector or
occupation;
``(iii) a local educational agency; or
``(iv) an agency that receives assistance
for a program under section 225;
``(E) that provides training services, including
employment-directed skills development and on-the-job
training, that are designed to meet the specific
requirements of an employer (including a group of
employers), industry, or sector, and are conducted with
a commitment by the employer to employ individuals upon
successful completion of the preparation; and
``(F) that will serve a rural area.
``(6) Construction.--
``(A) Projects with intermediaries.--An
intermediary who receives funds under paragraph (1), to
the extent that the intermediary uses the funds to make
direct awards to eligible entities, shall carry out the
functions of the Secretary described in paragraphs (3),
(4), and (5) of this subsection, and paragraphs (1),
(2) (other than paragraph (2)(J)), and (4) of
subsection (c).
``(B) Reentry employment opportunities program
projects.--For purposes of this section, a reference to
an eligible entity, used with respect to a youth
reentry project carried out under paragraph (1)(B),
shall be considered to be a reference to a youth
project eligible entity.
``(c) Application.--
``(1) Form and procedure.--To be qualified to receive funds
under this section, an eligible entity shall submit an
application to the Secretary at such time, and in such manner,
as is determined by the Secretary, and containing the
information described in paragraph (2) and, as applicable,
paragraph (3) or (4).
``(2) Contents.--An application submitted by an eligible
entity under paragraph (1) shall contain the following:
``(A) A description of the eligible entity,
including the experience of the eligible entity in
providing education, employment, and training services
for justice-involved individuals.
``(B) A description of the needs that will be
addressed by the reentry project supported by the funds
received under this section and the target participant
population and the geographic area to be served.
``(C) A description of the proposed education,
employment, and training services and supportive
services, if applicable, to be provided under such
reentry project, and how such activities will prepare
participants for employment in an in-demand industry
sector or occupation within the geographic area to be
served by such reentry project.
``(D) The anticipated schedule for carrying out the
activities proposed for the reentry project.
``(E) A description of--
``(i) the partnerships the eligible entity
will establish with agencies and entities
within the criminal justice system, agencies
and entities within the juvenile justice
system, local boards, one-stop operators, one-
stop partners, community-based organizations,
and employers (including local businesses) to
provide participants in the reentry project
with work-based learning, job placement, and
recruitment (if applicable); and
``(ii) how the eligible entity will
coordinate its activities with other services
and benefits available to justice-involved
individuals in the geographic area to be served
by the reentry project.
``(F) A description of the manner in which
individuals will be recruited and selected for
participation for the reentry project.
``(G) A detailed budget and a description of the
system of fiscal controls, and auditing and
accountability procedures, that will be used to ensure
fiscal soundness for the reentry project.
``(H) A description of the proposed levels of
performance to be achieved with respect to the
indicators of performance described in subsection (e).
``(I) A description of the evidence-based practices
the eligible entity will use in administration of the
reentry project.
``(J) An assurance that the eligible entity will
collect, disaggregate by each subpopulation of
individuals with barriers to employment, and by race,
ethnicity, sex, and age, and report to the Secretary
the data required with respect to the reentry project
carried out by the eligible entity for purposes of
determining levels of performance achieved and
conducting the evaluation under this section.
``(K) An assurance that the eligible entity will
provide a match as described in subsection (d)(4).
``(L) A description of how the eligible entity
plans to continue the reentry project after the award
period.
``(M) For any project offering a recognized
postsecondary credential, a description of how the
project leads to the credential.
``(N) For a project that also serves as a program
carried out under section 225, a description of how the
award funds will be used to carry out the education
described in section 225, in conjunction with the
activities described in subsection (d).
``(3) Additional content for intermediary applicants.--An
application submitted by an eligible entity seeking to serve as
a national or regional intermediary as described in
subparagraph (A) or (B) of subsection (b)(1) shall also contain
each of the following:
``(A) An identification and description of the
eligible entities that will be subawardees of such
intermediary and implement the reentry projects, which
shall include subawardees in--
``(i) 3 or more noncontiguous metropolitan
areas or rural areas; and
``(ii) not fewer than 2 States.
``(B) A description of the services and supports
the intermediary will provide to the subawardees,
including administrative and fiscal support to ensure
the subawardees comply with all subaward requirements.
``(C) A description of how the intermediary will
facilitate the replication of evidence-based practices
or other best practices identified by the intermediary
across all subawardees.
``(D) If such intermediary is currently receiving,
or has previously received, funds under this section as
an intermediary to implement a reentry project, an
assurance that none of the subawardees identified under
subparagraph (A) are current or were previous
subawardees of the intermediary for such reentry
project and failed to meet the levels of performance
established for such reentry project.
``(4) Additional content for youth reo applications.--An
application submitted under paragraph (1) by a youth project
eligible entity seeking to serve youth applicants through an
award described in subsection (b)(1)(B) shall also contain the
following:
``(A) A description of--
``(i) how the youth reentry project will
facilitate the enrollment of eligible youth in
a program of a local educational agency, a
program of adult education and literacy
activities, a YouthBuild program, the Job
Corps, or a program of an institution of higher
education;
``(ii) how the youth reentry project will
connect eligible youth with mentors or peer
support groups to provide guidance,
encouragement, and positive role modeling
during the reentry process;
``(iii) how the youth reentry project will
involve family members, guardians, and other
supportive people in an eligible youth's life
in the reentry process;
``(iv) how the youth reentry project will
provide or support access to counseling and
substance use disorder programs for an eligible
youth;
``(v) how the youth reentry project will
assist eligible youth to find safe and stable
housing;
``(vi) how the youth reentry project will
ensure activities carried out under an award
described in subsection (b)(1)(B) are designed
to meet the needs of the population served; and
``(vii) the experience of the eligible
entity in providing services to youth,
including eligible youth, and the strategies
the eligible entity will use to ensure that
services provided are age-appropriate for
eligible youth.
``(B) A description of how a youth project eligible
entity plans to provide skills development, for
stakeholders involved in an eligible youth's reentry,
on best practices pertaining to eligible youth and
reentry.
``(d) Uses of Funds.--
``(1) Required activities.--An eligible entity that
receives funds under this section shall use such funds to
implement a reentry project for eligible adults, eligible
youth, or both, that provides each of the following:
``(A) One or more of the individualized career
services listed in subclauses (I) through (IX) of
section 134(c)(2)(B)(vii).
``(B) One or more of the training services listed
in clauses (i) through (xi) in section 134(c)(3)(D),
including subsidized employment opportunities through
transitional jobs.
``(C) For participants who are eligible youth, 1 or
more of the program elements listed in subparagraphs
(A) through (O) of section 129(c)(2).
``(2) Allowable activities.--An eligible entity that
receives funds under this section may use such funds to provide
to eligible adults, eligible youth, or both, each of the
following:
``(A) Followup services after placement in
unsubsidized employment as described in section
134(c)(2)(B)(viii).
``(B) Apprenticeship programs.
``(C) Education in digital literacy skills.
``(D) Mentoring.
``(E) Assistance in obtaining employment, including
as a result of the eligible entity--
``(i) establishing and developing
relationships and networks with large and small
employers; and
``(ii) coordinating with employers to
develop employer-directed skills development
programs and on-the-job training.
``(F) Assistance with driver's license
reinstatement (including assistance with removing or
expunging records as permitted under the applicable
Federal or State law to facilitate that reinstatement)
and fees for driver's licenses and other necessary
documents for employment and removing barriers to
employment.
``(G) Provision of or referral to evidence-based
mental health treatment by licensed practitioners.
``(H) Provision of or referral to substance use
disorder treatment services, provided that funds
awarded under this section are only used to provide
such services to participants who are unable to obtain
such services through other programs providing such
services.
``(I) Provision of or referral to supportive
services, provided that, notwithstanding section
181(h)(2), no more than 10 percent of funds awarded to
an eligible entity under this section may be used to
provide such services to participants who may be able
to obtain such services through other programs
providing such services.
``(3) Administrative cost limit.--An eligible entity may
not use more than 7 percent of the funds received under this
section for administrative costs, including for costs related
to collecting information, analysis, and coordination for
purposes of subsection (e) or (f).
``(4) Matching.--An eligible entity shall provide a match,
which may be provided in cash or in-kind, for the costs of the
project in an amount that is not less than 25 percent of the
total amount of funds awarded to the entity under this section
for the period involved, except that the Secretary may waive
the matching requirement, on a case-by-case basis and for not
more than 20 percent of all awards made under this section, if
the eligible entity involved demonstrates significant financial
hardship.
``(e) Levels of Performance.--
``(1) Establishment of levels.--
``(A) In general.--The Secretary shall establish
expected levels of performance for reentry projects
funded under this section for--
``(i) each of the primary indicators of
performance--
``(I) for adults, as described in
section 116(b)(2)(A)(i), for eligible
adults in reentry projects for eligible
adults or reentry projects for both
eligible adults and eligible youth; and
``(II) for youth, as described in
section 116(b)(2)(A)(ii), for eligible
youth in reentry projects for eligible
youth or reentry projects for both
eligible adults and eligible youth; and
``(ii) an indicator of performance
established by the Secretary with respect to
participant recidivism.
``(B) Updates.--The levels established under
subparagraph (A) shall be updated for each 4-year-award
period.
``(2) Agreement on levels of performance.--In establishing
and updating levels of performance under paragraph (1), the
Secretary shall reach agreement on such levels with the
eligible entities receiving awards under this section that will
be subject to such levels, based on, as the Secretary
determines relevant for each indicator of performance
applicable under paragraph (1), each of the following factors:
``(A) The proposed levels of performance of each
such eligible entity described in the application
submitted under subsection (c)(2)(H).
``(B) The local economic conditions of the
geographic area to be served by each such eligible
entity, including differences in unemployment rates and
job losses or gains in particular industries.
``(C) The characteristics of project participants
when entering the project involved, including--
``(i) criminal records;
``(ii) indicators of work history;
``(iii) work experience;
``(iv) educational or occupational skills
attainment;
``(v) levels of literacy or English
proficiency;
``(vi) disability status;
``(vii) homelessness; and
``(viii) receipt of public assistance.
``(3) Failure to meet levels of performance.--In the case
of an eligible entity that fails to meet the levels of
performance established under paragraph (1) and updated to
reflect the actual local economic conditions and
characteristics of participants (as described in subparagraphs
(B) and (C) of paragraph (2)) served by the reentry project
involved for any award year, the Secretary shall provide
technical assistance to the eligible entity, including the
development of a performance improvement plan.
``(f) Evaluation of Reentry Projects.--
``(1) In general.--Not later than 5 years after the first
award of funds under this section is made, the Secretary
(acting through the Chief Evaluation Officer) shall meet each
of the following requirements:
``(A) Design and conduct of evaluation.--Design and
conduct an evaluation to evaluate the effectiveness of
the reentry projects funded under this section, which
meets the requirements of paragraph (2), and includes
an evaluation of each of the following:
``(i) The effectiveness of such projects in
assisting individuals with finding unsubsidized
employment, and maintaining unsubsidized
employment during the second quarter and fourth
quarter after exit from the project.
``(ii) The effectiveness of such projects
in assisting individuals with earning
recognized postsecondary credentials.
``(iii) The effectiveness of such projects
in relation to their cost, including the extent
to which the projects improve reentry outcomes,
including in employment, compensation (which
may include wages earned and benefits), career
advancement, measurable skills gains, and
recognized postsecondary credentials earned,
and including the extent to which the projects
reduce recidivism of participants in comparison
to comparably situated individuals who did not
participate in such projects.
``(iv) The effectiveness of specific
services and interventions provided and of the
overall project design.
``(v) If applicable, the extent to which
such projects effectively serve various
demographic groups, including people of
different geographic locations, ages, races,
national origins, and criminal records, and
individuals with disabilities.
``(vi) If applicable, the appropriateness
of the sequencing, combination, or concurrent
structure, of services for each subpopulation
of individuals who are participants in such
projects, such as the order, combination, or
concurrent structure of services in which
transitional jobs and occupational skills
development are provided, to ensure that such
participants are prepared to fully benefit from
education, employment, and training services
provided under the project.
``(vii) Limitations or barriers to
education and employment encountered by
participants served by the projects as a result
of occupational or educational licensing
restrictions.
``(B) Data accessibility.--Make available, on the
publicly accessible website managed by the Department
of Labor, data collected during the course of
evaluation under this subsection, in an aggregated
format that does not disclose personally identifiable
information.
``(2) Design requirements.--An evaluation under this
subsection--
``(A) shall--
``(i) be designed by the Secretary (acting
through the Chief Evaluation Officer) in
conjunction with the eligible entities carrying
out the reentry projects being evaluated;
``(ii) include analysis of participant
feedback and outcome and process measures; and
``(iii) use designs that employ the most
rigorous analytical and statistical methods
that are reasonably feasible, such as the use
of control groups; and
``(B) may not--
``(i) collect personally identifiable
information, except to the extent such
information is necessary to conduct the
evaluation; or
``(ii) reveal or share personally
identifiable information.
``(3) Publication and reporting of evaluation findings.--
The Secretary (acting through the Chief Evaluation Officer)
shall--
``(A) in accordance with the timeline determined to
be appropriate by the Chief Evaluation Officer, publish
an interim report on such evaluation;
``(B) not later than 90 days after the date on
which any evaluation is completed under this
subsection, publish and make publicly available the
results of such evaluation; and
``(C) not later than 60 days after the completion
date described in subparagraph (B), submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report
on such evaluation.
``(g) Annual Report.--
``(1) Contents.--Subject to paragraph (2), the Secretary
shall post, using transparent, linked, open, and interoperable
data formats, on the publicly accessible website described in
subsection (f)(1)(B), an annual report, covering the most
recent program preceding the report, on--
``(A) the number of individuals who participated in
projects assisted under this section during the program
year;
``(B) the percentage of such individuals who
successfully completed the requirements of such
projects;
``(C) the performance of eligible entities on such
projects as measured by the indicators of performance
set forth in subsection (e); and
``(D) an explanation of any waivers granted by the
Secretary of the matching requirement under subsection
(d)(4).
``(2) Disaggregation.--The information provided under
subparagraphs (A) through (C) of paragraph (1) with respect to
a program year shall be disaggregated by each project assisted
under this section for such program year.
``(h) Reservation of Funds.--Of the funds appropriated under
section 175(e) for a fiscal year, the Secretary--
``(1) may reserve not more than 5 percent for the
administration of awards made under this section, of which not
more than 2 percent of the appropriated funds may be reserved
for the provision of--
``(A) technical assistance to eligible entities
that receive funds under this section; and
``(B) outreach and technical assistance to eligible
entities desiring to receive such funds, including
assistance with application development and submission;
and
``(2) shall reserve not less than 1 percent and not more
than 2.5 percent for the evaluation activities under subsection
(f) or to support eligible entities with any required data
collection, analysis, and coordination related to such
evaluation activities.
``(i) Definitions.--In this section:
``(1) Award.--The term `award' means an award of funds
through a grant, contract, or cooperative agreement.
``(2) Chief evaluation officer.--The term `Chief Evaluation
Officer' means the head of the independent evaluation office
located in the Office of the Assistant Secretary for Policy of
the Department of Labor.
``(3) Correctional institution.--The term `correctional
institution' has the meaning given the term in section 225(e).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a private nonprofit organization under
section 501(c)(3) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of
such Code, including a community-based or faith-based
organization;
``(B) a local board;
``(C) a State or local government;
``(D) an Indian or Native American entity eligible
for grants under section 166;
``(E) a labor organization or joint labor-
management organization;
``(F) an industry or sector partnership;
``(G) an institution of higher education; or
``(H) a consortium of the entities described in
subparagraphs (A) through (G).
``(5) Eligible adult.--The term `eligible adult' means a
justice-involved individual who is age 25 or older.
``(6) Eligible youth.--The term `eligible youth' means a
justice-involved individual who is not younger than age 14 or
older than age 24.
``(7) High-poverty.--The term `high-poverty', when used
with respect to a geographic area, means an area with a poverty
rate of at least 20 percent as determined based on the most
recently available data from the American Community Survey
conducted by the Bureau of the Census.
``(8) Justice-involved individual.--Notwithstanding section
3, the term `justice-involved individual' means--
``(A) an individual of any age who--
``(i) not more than 5 years before
enrollment in a project funded under subsection
(b)(1)--
``(I) was released from
incarceration in a correctional
institution (including being enrolled
in a work release center at the
institution); or
``(II) finished serving an
alternative sentence, or a sentence to
a diversion program, ordered through
the adult criminal justice system; or
``(ii) on such date of enrollment, is
subject to the adult criminal justice system,
including an individual who--
``(I) is incarcerated in a
correctional institution (including
being enrolled in a work release center
at the institution), but is scheduled
to be released not more than 180 days
after such date of enrollment;
``(II) is residing in a residential
reentry center;
``(III) is subject to electronic or
home-based monitoring;
``(IV) is in the community on
probation or parole; or
``(V) is serving an alternative
sentence, or a sentence to a diversion
program, ordered through that system;
or
``(B) an individual who--
``(i) is not younger than age 14 or older
than age 24; and
``(ii) has been--
``(I) charged with, or convicted
of, any criminal offense; or
``(II) charged with, detained for,
or adjudicated of, a delinquent act or
status offense in a juvenile court.
``(9) Youth project eligible entity.--The term `youth
project eligible entity' means--
``(A) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is
exempt from taxation under section 501(a) of such Code;
or
``(B) a State or local juvenile justice agency, or
a State or local adult correctional agency with a focus
on eligible youth.''.
SEC. 178. YOUTH APPRENTICESHIP READINESS GRANT PROGRAM.
Subtitle D of title I of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3221 et seq.) is further amended by inserting after
section 172, as added by the preceding section, the following:
``SEC. 173. YOUTH APPRENTICESHIP READINESS GRANT PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to increase earnings and employment for in-school
youth and opportunity youth, ages 16 through 24, through
enrollment in and completion of evidence-based pre-
apprenticeship programs and apprenticeship programs that serve
youth;
``(2) to engage educational entities, organizations
carrying out programs that serve opportunity youth, local
educational agencies, State boards, local boards, employers,
workforce partners (including one-stop partners), and other
apprenticeship intermediaries, to establish innovative models
for pre-apprenticeship programs and apprenticeship programs
that serve youth, including coordinating with programs that
offer supportive services that can enable participation in and
completion of the program; and
``(3) to promote alignment between education and workforce
development systems (such as through public-private
partnerships) to enable in-school youth and opportunity youth
to participate in postsecondary education and career pathways,
including apprenticeships, that result in careers.
``(b) Youth Apprenticeship Readiness Grant Program.--
``(1) In general.--From the amounts made available to carry
out this section under section 414(c) of the American
Competitiveness and Workforce Improvement Act (29 U.S.C. 3224a)
and not reserved under paragraph (2), the Secretary shall, on a
competitive basis, make grants to eligible entities for
projects to develop new or expand existing pre-apprenticeship
programs and apprenticeships that serve youth.
``(2) Administrative reservation.--Of the amounts made
available to carry out this section, the Secretary may reserve
not more than 5 percent for the administration of grants made
under this section, including--
``(A) not more than 3 percent for the provision of
technical assistance to eligible entities during the
application period or the implementation phase of such
grant; and
``(B) not more than 2 percent for evaluations of
employment and earnings outcomes described in clauses
(vi), (vii), and (viii) of subsection (e)(2)(B),
identifying best practices, and facilitating the
sharing of best practices among eligible entities by
carrying out the identification and dissemination
described in subsection (f)(2).
``(3) Grant period.--The Secretary shall make such a grant
for a period of not more than 4 years and may extend the grant
for a period of not more than 2 additional years if the grant
recipient is making progress in achieving the objectives of the
project's identified programs.
``(4) Priority.--In making grants under this section, the
Secretary shall give priority to eligible entities that--
``(A) serve an area with significant workforce
shortages in the industry sector or occupation for
which the eligible entity proposes to establish an
identified program;
``(B) propose to expand or have a demonstrated
track record of expanding employment opportunities and
career pathways for individuals with a barrier to
employment;
``(C) propose to primarily serve a population that
is located in a rural or urban community and has an
area median household income of not more than 150
percent of the poverty line; or
``(D) include within the eligible entity a high-
need local educational agency or a high-need
educational service agency.
``(5) Matching requirement for grants.--In order to receive
a grant from the Secretary under this section, an eligible
entity shall provide a non-Federal contribution, which may be
provided in cash or in-kind, for the costs of the project in an
amount that is not less than 25 percent of the total amount of
funds awarded to the entity for such period.
``(c) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require and shall
include the following:
``(1)(A) A description of the eligible entity's proposed
project, to be supported by such grant, including a provision
identifying whether such project will develop or expand 1 or
more pre-apprenticeship programs or 1 or more apprenticeship
programs that serve youth.
``(B) Except in the case of an identified program by an eligible
entity described in subsection (i)(5)(A)(i) that is an apprenticeship
program that serves youth and requires each enrolled youth apprentice
to have a regular high school diploma (or recognized equivalent) as a
condition of enrollment, an assurance that each identified program will
be designed to enable--
``(i) in-school youth to receive a regular high school
diploma (in partnership with the local educational agency that
serves such youth) and receive a recognized postsecondary
credential (other than such a credential that is a
baccalaureate degree) upon completion of the program; or
``(ii) opportunity youth to receive a high school diploma
or recognized equivalent and receive a recognized postsecondary
credential (other than such a credential that is a
baccalaureate degree) upon completion of the program.
``(2) A description of the eligible entity and a
description of how such eligible entity will--
``(A) engage with employers to develop or expand,
and sustain, each identified program; and
``(B) combine academic, career and technical
education, or related classroom instruction with on-
the-job training, allowing youth to develop industry-
specific or occupation-specific workplace competencies
and skills.
``(3) A description of the need for and design of the
project, including--
``(A) a description of the specific youth
population to be served by the project, including--
``(i) the subgroups of participants in the
population and skill levels of such
participants, and whether such participants are
in-school youth or opportunity youth;
``(ii) how the project will increase
employment opportunities for youth who are
individuals with a barrier to employment and
youth from different subgroups of participants;
and
``(iii) how the eligible entity will ensure
that a wide range of youth, including youth who
are individuals with a barrier to employment
and youth from different subgroups of
participants, are able to participate in each
identified program;
``(B) a description of the industry sector or
occupation targeted through the eligible entity's
proposed project, the projected demand for the project
in the area served by the eligible entity, and a
citation of the data source for the projected demand;
``(C) a description of the on-the-job training
portion of the project, including a list of the
partners responsible for providing the on-the-job
training, and how such training will be designed
flexibly to meet the needs and schedule of in-school
youth and opportunity youth;
``(D) a description of the related classroom
instruction portion of the project, including--
``(i) how coursework for that instruction
will be integrated into each identified program
and developed in conjunction with and provided
by education and training providers that are or
are within the eligible entity, the specific
partners that will provide the related
classroom instruction, and (as applicable) how
the program may be aligned with the programs of
early college high schools or dual or
concurrent enrollment programs to support youth
pre-apprentices or apprentices involved in
earning postsecondary credit;
``(ii) with respect to an identified
project by an eligible entity described in
subsection (i)(5)(A)(ii) that is designed to
serve in-school youth, a description of how the
eligible entity, through the project, will
partner with the local educational agency that
serves such youth to align challenging State
academic standards and occupational skill
standards to enable such youth to obtain a
regular high school diploma while served by the
program; and
``(iii) an explanation of how the project
will combine academic, career and technical
education, or related classroom instruction
with on-the-job training;
``(E) a description of the proposed supportive
services strategy for the youth pre-apprentices or
apprentices involved, how the project will partner with
or refer youth pre-apprentices or apprentices to
entities in the area served by the eligible entity that
provide supportive services, how such supportive
services will promote retention in and completion of
the identified program involved, and the projected
Federal, State, and local costs of such supportive
services;
``(F) if the eligible entity proposes to operate an
apprenticeship program that serves youth--
``(i) the youth apprenticeship agreement
the eligible entity intends to use;
``(ii) a description of how such eligible
entity will incorporate into the apprenticeship
program recognized postsecondary credentials
that enable youth apprentices to articulate to
employment or higher level degree or other
credential programs for multiple pathways,
including enrollment in postsecondary education
and employment; and
``(iii) if the eligible entity proposes to
develop a new apprenticeship program that
serves youth, a description of how the lead
applicant and partners will register such new
program with the Office of Apprenticeship or
State apprenticeship agency and ensure the
employer or sponsor is in compliance with the
standards and requirements of a registered
apprenticeship under the Act of August 16, 1937
(commonly known as the `National Apprenticeship
Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.), and that youth apprentices will earn
a recognized postsecondary credential; and
``(G) if the eligible entity proposes to operate a
pre-apprenticeship program--
``(i) a description of how the eligible
entity, through the program, will connect
participants to and prepare participants for an
apprenticeship program; and
``(ii) an explanation of how the eligible
entity, in carrying out the project involved,
will work with alternative and non-traditional
schools, institutions of higher education, and
opportunity youth programs.
``(4) A description of how the eligible entity will promote
alignment between local or State education and workforce
development systems by supporting policies or practices that
facilitate transitions from secondary school (including
alternative and nontraditional schools) and pre-apprenticeship
programs to apprenticeship programs and postsecondary
education.
``(5) A description of expected outcomes and outputs from
the project that includes--
``(A) an attestation that the eligible entity will
report to the Secretary, in a timely and complete
manner, the information required under subsection (e);
and
``(B) estimated levels of performance over each
year of the grant period for each of the indicators
described in subparagraphs (B) and (C) of subsection
(e)(2).
``(6) A description of the roles and responsibilities of
each entity involved in the project, including any such entity
that is a State or local government entity, qualified
intermediary, service provider, independent evaluator, or other
stakeholder.
``(7) An attestation that the eligible entity has, or will
attempt to develop, a memorandum of understanding with any
relevant State workforce agency to facilitate matches to wage
record data for youth pre-apprentices or apprentices to obtain
the necessary information to fulfill the requirements of
subsection (e)(2).
``(8) The total intended budget for the project, including
a description of any additional resources that may supplement
the amount awarded under this section, including any funds the
eligible entity intends to use to fulfill the matching funds
requirement described under subsection (b)(5), and a
description of the eligible entity's plan to sustain the
project funded through the grant beyond the conclusion of the
grant period.
``(9) For any program offering a recognized postsecondary
credential, a description of how the program leads to the
credential.
``(d) Uses of Funds.--
``(1) In general.--An eligible entity receiving a grant
under this section shall use the grant funds to carry out the
project proposed under subsection (c) for purposes of carrying
out 1 or more of the following activities:
``(A) Develop or expand a pre-apprenticeship
program.
``(B) Develop or expand an apprenticeship program
that serves youth, including registering such a program
and its youth apprentices through the Office of
Apprenticeship or an applicable State apprenticeship
agency.
``(2) Additional uses.--An eligible entity receiving a
grant under this section may use the grant funds, for each
identified program, to--
``(A) recruit youth to and enroll youth in an
identified program, including conducting outreach to
individuals with a barrier to employment and
individuals preparing for nontraditional employment
(when the identified program is in such field);
``(B) conduct participant assessments to determine
skill levels;
``(C) support the provision of on-the-job training
for participants in accordance with subsection
(c)(3)(C), including by developing or modifying
training activities to meet the needs of participants,
as applicable;
``(D) support the provision of related classroom
instruction by education and training providers for
participants in accordance with subsection (c)(3)(D),
including--
``(i) the development of courses at the
secondary level--
``(I) that are aligned with
requirements to obtain a regular high
school diploma and integrated into the
identified program; and
``(II) that may be aligned with the
requirements of early college high
schools or dual or concurrent
enrollment programs to support youth
pre-apprentices or youth apprentices
involved in earning postsecondary
credit;
``(ii) if the identified program is
designed to serve in-school youth, the
alignment of challenging State academic
standards and occupational skill standards in
secondary education;
``(iii) payment of participant tuition or
other educational fees for projects; and
``(iv) the provision of instructional
materials, equipment, and educational
technology for such instruction;
``(E) provide supportive services such as
transportation, child care, dependent care, housing,
and needs-related payments to enable youth to
participate in and complete the education and training
activities of the identified program;
``(F) provide professional development
opportunities for secondary and postsecondary
educators, and employers and mentors in the project, to
prepare the educators, employers, and mentors to
effectively support youth participating in the
identified program;
``(G) increase awareness among parents, educators,
students (especially individuals with a barrier to
employment, individuals from underserved populations,
and individuals from nontraditional apprenticeship
populations), and employers or apprenticeship sponsors
in the targeted service area about the benefits of
youth participating in a pre-apprenticeship program or
an apprenticeship program that serves youth;
``(H) promote innovation, inclusion in the
identified program, and alignment of the program with
programs authorized under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.); and
``(I) develop and integrate data collection
systems, including within a statewide longitudinal data
system, to track educational and employment outcomes of
participants in the identified program.
``(3) Supportive services.--An eligible entity receiving a
grant under this section may use, as provided in paragraph
(2)(E), not more than 15 percent of grant funds awarded under
this section to provide supportive services in accordance with
that paragraph.
``(e) Levels of Performance.--
``(1) Targeted levels of performance.--
``(A) In general.--An eligible entity receiving a
grant under this section shall, in accordance with the
indicators for participant outcomes described in
paragraph (2)(B) and for program outputs described in
paragraph (2)(C), identify targeted levels of
performance for such indicators, which shall, at
minimum, be equal to or greater than the estimated
levels of performance identified by the eligible entity
in the entity's application under subsection (c)(5).
``(B) Agreement on targeted levels of
performance.--Not later than 2 months after the
identification described in subparagraph (A), the
eligible entity shall reach an agreement with the
Secretary on levels of performance for each indicator
described in subparagraphs (B) and (C) of paragraph
(2).
``(2) Annual recipient report.--
``(A) In general.--Not later than 2 years after
receipt of a grant under this section and annually
thereafter, the eligible entity shall prepare and
submit to the Secretary a report evaluating the
performance and impact of the project funded through
the grant with respect to participant outcome and
program output indicators described in subparagraphs
(B) and (C), disaggregated by the subgroups of
participants subject to paragraph (3).
``(B) Participant outcomes.--Consistent with
subparagraph (A), an eligible entity receiving a grant
under this section shall report to the Secretary data,
for each identified program carried out by the eligible
entity, on participant outcome indicators for each such
program consisting of the--
``(i) total participants served and
enrolled in any identified program,
disaggregated by youth pre-apprentices and
apprentices;
``(ii) retention rate during each fiscal
year of participants enrolled in any identified
program in the project that have not completed
such program, compared to that retention rate
for the previous fiscal year, disaggregated by
youth pre-apprentices and apprentices;
``(iii) total participants who attain a
regular high school diploma or recognized
equivalent, disaggregated by youth pre-
apprentices and apprentices;
``(iv) total participants who complete such
an identified program;
``(v) total participants who receive an
associate or baccalaureate degree or other type
of recognized postsecondary credential during
or upon completion of the identified program;
``(vi) median hourly wage of youth pre-
apprentices (as applicable) or youth
apprentices on the date of exit from the
identified program and during the second and
fourth quarters after exit from the program,
and a comparison of such wage to the local
median hourly wage for the industry sector or
occupation for which the identified program is
targeted;
``(vii) total participants in employment
during the second and fourth quarter after exit
from the program; and
``(viii) total participants who complete a
pre-apprenticeship program, disaggregated by
the type of education, skills development, and
apprenticeship opportunities or employment
pursued by such youth pre-apprentices after
such completion.
``(C) Program outputs.--Consistent with
subparagraph (A), an eligible entity receiving a grant
under this section shall report to the Secretary data
on program output indicators consisting of the--
``(i) total number of all identified
programs developed or expanded during the
period covered by the report, disaggregated by
pre-apprenticeship programs and apprenticeship
programs that serve youth;
``(ii) total number of apprenticeships that
serve youth, if applicable, that were developed
or expanded during that period, including an
apprenticeship program expanded as described in
subsection (d)(1) to new industry sectors,
occupations, or service areas;
``(iii) total number of employers who
became engaged in an identified program during
that period, as a direct result of a grant
under this section; and
``(iv) for each year of the period covered
by the report, the total share of the grant
received under this section spent by the
eligible entity on the uses of funds described
under subparagraphs (C) and (D) of subsection
(d)(2).
``(3) Disaggregation.--The disaggregation of data under
paragraph (2) shall not be required in a case where the number
of participants in the subgroup of participants is insufficient
to yield statistically reliable information or the results
would reveal personally identifiable information about an
individual participant.
``(4) Use of results.--
``(A) Evaluation.--
``(i) Annual evaluation.--Not later than 2
years after the date of enactment of the A
Stronger Workforce for America Act and annually
thereafter, the Secretary shall evaluate
whether each eligible entity involved met the
agreed levels of performance described in
paragraph (1)(B) for each of the eligible
entity's identified programs.
``(ii) End of program evaluation.--Not
later than 30 days after each cohort of
participants completes an eligible entity's
identified program, the Secretary shall
evaluate whether the eligible entity met the
agreed levels of performance for that
identified program.
``(B) Technical assistance.--If the Secretary
determines under subparagraph (A) that an eligible
entity fails to meet 1 or more of the agreed levels of
performance for an identified program, the Secretary
shall provide technical assistance, including
assistance in the development of a performance
improvement plan.
``(C) Nonrenewal of grant.--If the Secretary
determines, 1 year after the eligible entity receives
that technical assistance and implements that plan,
that the eligible entity fails to meet the agreed
levels of performance described in paragraph (1)(B) for
an identified program, the Secretary shall not extend a
grant for that eligible entity for that program under
subsection (b).
``(f) Evaluations and Reports.--
``(1) Report to congress.--Not later than 24 months after
the date of enactment of the A Stronger Workforce for America
Act and annually thereafter, the Secretary, in coordination
with the Secretary of Education, using data reported by
eligible entities pursuant to the requirements under subsection
(e)--
``(A) shall publish the data;
``(B) shall prepare and make publicly available a
report containing the data on the indicators described
in subparagraphs (B) and (C) of subsection (e)(2); and
``(C) shall submit the report to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House of Representatives.
``(2) Sharing of best practices.--Not later than 2 years
after the date of enactment of the A Stronger Workforce for
America Act, the Secretary shall use funds reserved under
subsection (b)(2)(C) to identify and disseminate, through a
website developed by the Department of Labor, best practices in
developing and expanding pre-apprenticeship opportunities or
apprenticeship opportunities for youth used by--
``(A) eligible entities receiving a grant under
this section; and
``(B) States and local areas adopting innovative
and effective practices to develop and expand such
opportunities.
``(g) Compliance With Other Laws and Agreements.--
``(1) Collective bargaining.--Nothing in a youth
apprenticeship agreement under this section shall be construed
to invalidate an applicable provision in a collective
bargaining agreement, between employers and employees, that
establishes higher standards for programs in the national
apprenticeship system.
``(2) Child labor.--
``(A) In general.--An eligible entity carrying out
a project under this section shall ensure compliance
with the provisions on child labor under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.) and State
law (including Federal and State regulations under
those laws), and with State workers' compensation laws.
``(B) Minimum legal age.--The eligible entity shall
only serve in-school youth, and opportunity youth, who
are not younger than the minimum legal age to be
employed as apprentices under the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.) and any applicable
State laws.
``(C) Pre-apprenticeship exception.--An eligible
entity that prepares or intends to prepare individuals
for a covered occupation may submit an application
under subsection (c) to develop or expand a pre-
apprenticeship program that serves a youth who is
younger than the age of 18 only if the program is
limited to classroom instruction in the covered
occupation.
``(h) Special Rules Regarding Protections for Youth in Programs
That Prepare Youth for Covered Occupations.--
``(1) Pre-apprenticeships in covered occupations for youth
under the age of 18.--A pre-apprenticeship program supported
using funds awarded under this section that serves or intends
to serve a youth who is younger than the age of 18 and prepares
such youth for a covered occupation may only provide classroom
instruction to such youth in such program and may not provide
on-the-job training in a covered occupation to such youth in
such program.
``(2) Prohibition on youth apprenticeships in covered
occupations for youth under the age of 18.--An apprenticeship
program that serves youth that is supported using funds awarded
under this section and that prepares a youth apprentice for a
covered occupation may not enroll in such program a youth who
is younger than the age of 18.
``(3) Apprenticeships for youth under the age of 18.--An
apprenticeship program supported using funds awarded under this
section may serve youth who are not younger than age 16 or
older than age 17, provided that such program is not preparing
such youth for a covered occupation.
``(i) Definitions.--In this section:
``(1) Apprenticeship program that serves youth.--The term
`apprenticeship program that serves youth' means a registered
apprenticeship program registered by the Office of
Apprenticeship or a State apprenticeship agency under the Act
of August 16, 1937 (commonly known as the `National
Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.), that is designed for youth not younger than age 16 or
older than age 24.
``(2) Covered occupation.--The term `covered occupation'
means an occupation in--
``(A) manufacturing;
``(B) construction;
``(C) mining;
``(D) trenching or excavation;
``(E) logging or an occupation related to timber;
``(F) work involving a saw mill;
``(G) work involving the operation of heavy
machinery;
``(H) work involving exposure to radioactive
substances or to ionizing radiations;
``(I) meat processing;
``(J) demolition;
``(K) explosives; or
``(L) work in any industry sector or occupation
that is prohibited to a youth who is younger than the
age of 18 under the laws or policies of the State where
the work occurs.
``(3) CTE terms.--The terms `Tribally controlled college or
university' and `Tribally controlled postsecondary career and
technical institution' have the meanings given the terms
`tribally controlled college or university' and `tribally
controlled postsecondary career and technical institution',
respectively, in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
``(4) Education and training provider.--The term `education
and training provider' means--
``(A) an area career and technical education
school;
``(B) an early college high school;
``(C) a provider of a dual or concurrent enrollment
program;
``(D) a community-based organization that offers
job training;
``(E) a high school operated by a local educational
agency;
``(F) a local educational agency, educational
service agency, or State educational agency;
``(G) a Tribal education agency (meaning such an
agency within the meaning of section 3(20)(E) of the
Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302(20)(E))), Tribally controlled
college or university, or Tribally controlled
postsecondary career and technical institution;
``(H) the Bureau of Indian Education;
``(I) an institution of higher education;
``(J) a State entity that coordinates higher
education, such as a community college system office, a
single State educational board, or State higher
education agency (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003));
``(K) a historically Black college or university,
meaning a part B institution as defined in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061);
``(L) a minority-serving institution;
``(M) a local agency administering plans under
title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or part C of that
title (29 U.S.C. 732, 741);
``(N) a related integrated instruction provider,
including a qualified intermediary acting as a related
integrated instruction provider as approved by the
Office of Apprenticeship or a State apprenticeship
agency recognized by the Secretary;
``(O) a consortium of entities described in any of
subparagraphs (A) through (N); or
``(P) as used with respect to an eligible entity
described in paragraph (5)(A)(i), the joint labor-
management organization that is such eligible entity.
``(5) Eligible entity.--
``(A) In general.--The term `eligible entity'
means--
``(i) a joint labor-management
organization; or
``(ii) a partnership that--
``(I) shall include as the lead
applicant 1 entity that is--
``(aa) an education and
training provider;
``(bb) a workforce
development system entity;
``(cc) a qualified
intermediary;
``(dd) a State agency of
the State in which the
partnership is located; or
``(ee) a joint labor-
management organization;
``(II) shall include as a partner--
``(aa) at least 1 employer
or an industry or trade
association that represents at
least 2 employers;
``(bb) an education and
training provider;
``(cc) the State
apprenticeship agency;
``(dd) a local board or the
State board;
``(ee) a local educational
agency, if the partnership is
serving in-school youth; or
``(ff) a qualified
intermediary; and
``(III) may include as an
additional partner--
``(aa) the State
educational agency;
``(bb) an institution of
higher education;
``(cc) an Indian Tribe;
``(dd) the State entity
that coordinates higher
education, such as a community
college system office, a single
State educational board, or
State higher education agency
(as defined in section 103 of
the Higher Education Act of
1965 (20 U.S.C. 1003));
``(ee) a community-based
organization that offers job
training; or
``(ff) a joint labor-
management organization.
``(B) Rule of construction.--For purposes of this
section, a reference to a lead applicant, partner, or
partnership between a lead applicant and partners, with
respect to an eligible entity described in subparagraph
(A)(i), shall be deemed to be a reference to the
eligible entity.
``(6) ESEA terms.--The terms `dual or concurrent enrollment
program', `early college high school', `educational service
agency', and `high school' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(7) Grant.--The term `grant' means a contract,
cooperative agreement, or award.
``(8) High-need educational service agency.--The term
`high-need educational service agency' means an educational
service agency that serves a significant number or percentage
of high-need local educational agencies.
``(9) High-need local educational agency.--The term `high-
need local educational agency' has the meaning given the term
in section 200 of the Higher Education Act of 1965 (20 U.S.C.
1021).
``(10) Identified program.--The term `identified program'
means a pre-apprenticeship program, or youth program that
serves youth, that is proposed to be carried out by an eligible
entity in an application approved under subsection (c) for a
project.
``(11) Minority-serving institution.--The term `minority-
serving institution' means an institution defined in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
``(12) National apprenticeship system.--The term `national
apprenticeship system' means the apprenticeship programs,
apprenticeship programs that serve youth, and pre-
apprenticeship programs that are approved by the Office of
Apprenticeship or State apprenticeship agencies.
``(13) Pre-apprenticeship program.--The term `pre-
apprenticeship program' means a program that--
``(A) prepares youth to enroll in and complete an
apprenticeship program;
``(B) maintains a written partnership with an
apprenticeship program; and
``(C) in the case of a program with respect to a
covered occupation, is provided only through classroom
instruction for any youth pre-apprentice who is younger
than the age of 18.
``(14) Qualified intermediary.--The term `qualified
intermediary'--
``(A) means a nonprofit entity operating in a State
or local area that demonstrates expertise and
experience in serving participants, employers, and
schools by--
``(i) building, sustaining, measuring, and
improving the quality and performance of
apprenticeship programs that serve youth;
``(ii) assisting in the design, approval,
registration, and implementation of
apprenticeship programs that serve youth,
including program development and meeting
program requirements, including registration
and reporting requirements;
``(iii) in collaboration with 1 or more
State educational agencies, local educational
agencies, or institutions of higher education
included in the eligible entity involved,
providing collaborative professional
development activities such as training for
workplace supervisors, mentors, counselors, and
teachers, instructors, and other educators;
``(iv) supporting the recruitment for,
retention in, and completion of apprenticeship
programs that serve youth with respect to
potential or enrolled youth apprentices,
including youth apprentices who are from low-
income backgrounds or members of nontraditional
apprenticeship populations;
``(v) developing and providing supportive
services including by partnering with
organizations to provide access to or referrals
for supportive services, financial literacy
services, and other support based upon needs of
potential or enrolled youth apprentices; or
``(vi) serving as a program sponsor; and
``(B) may consist of--
``(i) a joint labor-management
organization;
``(ii) a community-based organization; or
``(iii) an industry association.
``(15) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and an outlying area.
``(16) State agency.--The term `State agency' means a State
educational agency, State workforce agency, or State
apprenticeship agency.
``(17) State apprenticeship agency.--The term `State
apprenticeship agency' means an agency of a State government
that has been authorized by the Office of Apprenticeship to
register and oversee apprenticeship programs and has the
responsibility and accountability for apprenticeship programs
within the State.
``(18) Subgroup of participants.--The term `subgroup of
participants' means--
``(A) in-school youth;
``(B) opportunity youth; and
``(C) each of the special populations, as defined
in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
``(19) Workforce development system entity.--The term
`workforce development system entity' means an entity that is
involved in administering a workforce development system
established under this Act, which shall be a State board, a
local board, or an Indian Tribe, Tribal organization, or Native
Hawaiian organization, as defined in section 166(b).
``(20) Youth.--The term `youth' means an individual who is
not younger than age 16 or older than age 24.
``(21) Youth apprentice.--The term `youth', used with
respect to an apprentice, means a youth who is participating in
an apprenticeship program that serves youth.
``(22) Youth apprenticeship agreement.--The term `youth
apprenticeship agreement' means a written agreement under
subsection (c)(3)(F) that is agreed to by each of the
following:
``(A) A youth.
``(B) The youth's parent or legal guardian, as
applicable.
``(C) One or more local educational agencies, if
the eligible entity involved is serving in-school
youth.
``(D) The youth apprenticeship sponsor, which may
be an employer.
``(E) As applicable, a qualified intermediary for
an apprenticeship program that serves youth.
``(F) As applicable, one or more institutions of
higher education.
``(G) As applicable, one or more employers.
``(23) Youth pre-apprentice.--The term `youth', used with
respect to a pre-apprentice, means a youth who is participating
in a pre-apprenticeship program.''.
SEC. 179. STRENGTHENING COMMUNITY COLLEGES GRANT PROGRAM.
Subtitle D of title I of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3221 et seq.) is further amended by inserting after
section 173, as added by the preceding section, the following:
``SEC. 174. STRENGTHENING COMMUNITY COLLEGES WORKFORCE DEVELOPMENT
GRANTS PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to establish, improve, or expand high-quality
workforce development programs at community colleges; and
``(2) to expand opportunities for individuals to obtain
recognized postsecondary credentials that are nationally or
regionally portable and stackable for high-skill, high-wage, or
in-demand industry sectors or occupations.
``(b) Strengthening Community Colleges Workforce Development Grants
Program.--
``(1) In general.--From the amounts appropriated to carry
out this section under section 175(f) and not reserved under
paragraph (2), the Secretary shall, on a competitive basis,
make grants to eligible institutions to carry out the
activities described in subsection (e).
``(2) Reservation.--Of the amounts appropriated to carry
out this section under section 175(f), the Secretary may
reserve not more than 2 percent for the administration of
grants awarded under this section, including--
``(A) providing technical assistance and targeted
outreach to support eligible institutions serving a
high number or high percentage of low-income
individuals or individuals with barriers to employment,
and rural-serving eligible institutions, to provide
guidance and assistance in the process of applying for
grants under this section; and
``(B) evaluating and reporting on the performance
and impact of programs funded under this section in
accordance with subsections (f) through (h).
``(c) Award Period.--
``(1) Initial grant period.--Each grant under this section
shall be awarded for an initial period of not more than 4
years.
``(2) Subsequent grants.--An eligible institution that
receives an initial grant under this section may receive one or
more additional grants under this section for additional
periods of not more than 4 years each if the eligible
institution demonstrates that, during the most recently
completed grant period for a grant received under this section,
such eligible institution achieved the levels of performance
agreed to by the eligible institution with respect to the
performance indicators specified in subsection (f).
``(d) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, an eligible institution shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require.
``(2) Contents.--An application submitted by an eligible
institution under paragraph (1) shall include a description of
each the following:
``(A) The extent to which the eligible institution
has demonstrated success building partnerships with
employers in in-demand industry sectors or occupations
to provide students with the skills needed for
occupations in such industries and an explanation of
the results of any such partnerships.
``(B) The methods and strategies the eligible
institution will use to engage with employers in in-
demand industry sectors or occupations, including any
arrangements to place individuals who complete the
workforce development programs supported by the grant
into employment with such employers.
``(C) The proposed eligible institution and
industry partnership that the eligible institution will
establish or maintain to comply with subsection (e)(1),
including--
``(i) the roles and responsibilities of
each employer, organization, agency, or
institution of higher education that the
eligible institution will partner with to carry
out the activities under this section; and
``(ii) the needs that will be addressed by
such eligible institution and industry
partnership.
``(D) One or more industries that such partnership
will target and real-time labor market data
demonstrating that those industries are aligned with
employer demand in the geographic area to be served by
the eligible institution.
``(E) The extent to which the eligible institution
can--
``(i) leverage additional resources to
support the programs to be funded with the
grant, which shall include written commitments
of any leveraged or matching funds for the
proposed programs; and
``(ii) demonstrate the future
sustainability of each such program.
``(F) The steps the institution will take to ensure
the high quality of each program to be funded with the
grant, including the career pathways within such
programs.
``(G) The population and geographic area to be
served by the eligible institution, including the
number of individuals the eligible institution intends
to serve during the grant period.
``(H) The workforce development programs to be
supported by the grant.
``(I) The recognized postsecondary credentials that
are expected to be earned by participants in such
workforce development programs and the related high-
skill, high-wage, or in-demand industry sectors or
occupations for which such programs will prepare
participants.
``(J) The evidence upon which the education and
skills development strategies to be used in such
workforce development programs are based and an
explanation of how such evidence influenced the design
of the programs to improve education and employment
outcomes.
``(K) How activities of the eligible institution
are expected to align with the workforce strategies
identified in--
``(i) any State plan or local plan
submitted under this Act by the State, outlying
area, or locality in which the eligible
institution is expected to operate;
``(ii) any State plan submitted under
section 122 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2342) by such State or outlying area; and
``(iii) any economic development plan of
the chief executive of such State or outlying
area.
``(L) The goals of the eligible institution with
respect to--
``(i) capacity building (as described in
subsection (f)(1)(B)); and
``(ii) the expected performance of
individuals participating in the programs to be
offered by the eligible institution, including
with respect to any performance indicators
applicable under section 116 or subsection (f)
of this section.
``(3) Consideration of previous experience.--The Secretary
may not disqualify an eligible institution from receiving a
grant under this section solely because such institution lacks
previous experience in building partnerships, as described in
paragraph (2)(A).
``(4) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible institutions that--
``(A) will use the grant to serve--
``(i) individuals with barriers to
employment; or
``(ii) incumbent workers who need to gain
or improve foundational skills to enhance their
employability;
``(B) use competency-based assessments, such as the
competency-based assessment identified by the State in
which the eligible institution is located under section
134(a)(2)(B)(vii), to award academic credit for prior
learning for programs supported by the grant; or
``(C) have, or will seek to have, the career
education programs supported by the grant included on
the list of eligible providers of training services
under section 122 for the State in which the eligible
institution is located.
``(e) Uses of Funds.--
``(1) Eligible institution and industry partnership.--For
the purpose of carrying out the activities specified in
paragraphs (2) and (3), an eligible institution that receives a
grant under this section shall establish a partnership (or
continue an existing partnership) with one or more employers in
an in-demand industry sector or occupation (in this section
referred to as an `eligible institution and industry
partnership') and shall maintain such partnership for the
duration of the grant period. The eligible institution shall
ensure that the partnership--
``(A) targets one or more specific high-skill,
high-wage, or in-demand industries;
``(B) includes collaboration with the workforce
development system;
``(C) serves adult and dislocated workers,
incumbent workers, and new entrants to the workforce;
``(D) uses an evidence-based program design that is
appropriate for the activities carried out by the
partnership;
``(E) incorporates work-based learning
opportunities; and
``(F) incorporates, to the extent appropriate,
virtual service delivery to facilitate technology-
enabled learning.
``(2) Required activities.--An eligible institution that
receives a grant under this section shall, in consultation with
the employers in the eligible institution and industry
partnership described in paragraph (1)--
``(A) establish, improve, or expand high-quality,
evidence-based workforce development programs, career
pathway programs, or work-based learning programs
(including apprenticeship programs or
preapprenticeships);
``(B) provide career services to individuals
participating in the programs funded with the grant to
facilitate retention and program completion, which may
include--
``(i) career navigation, coaching,
mentorship, and case management services,
including providing information and outreach to
individuals with barriers to employment to
encourage such individuals to participate in
programs funded with the grant; and
``(ii) providing access to course
materials, technological devices, required
equipment, and other supports necessary for
participation in and successful completion of
such programs; and
``(C) make available, in a format that is open,
searchable, and easily comparable, information on--
``(i) curricula and recognized
postsecondary credentials offered through
programs funded with the grant, including any
curricula or credentials created or further
developed using such grant, which for each
recognized postsecondary credential, shall
include--
``(I) the issuing entity of such
credential;
``(II) any third-party endorsements
of such credential;
``(III) the occupations for which
the credential prepares individuals;
``(IV) the skills and competencies
necessary to achieve to earn such
credential;
``(V) the level of mastery of such
skills and competencies (including how
mastery is assessed); and
``(VI) any transfer value or
stackability of the credential;
``(ii) any skills or competencies developed
by individuals who participate in such programs
beyond the skills and competencies identified
as part of the recognized postsecondary
credential awarded; and
``(iii) related employment and earnings
outcomes on the primary indicators of
performance described in subclauses (I) through
(III) of section 116(b)(2)(A)(i).
``(3) Additional activities.--In addition to the activities
required under paragraph (2), an eligible institution that
receives a grant under this section shall, in consultation with
the employers in the eligible institution and industry
partnership described in paragraph (1), carry out one or more
of the following activities:
``(A) Establish, improve, or expand--
``(i) articulation agreements (as defined
in section 486A(a) of the Higher Education Act
of 1965 (20 U.S.C. 1093a(a)));
``(ii) credit transfer agreements;
``(iii) corequisite remediation programs
that enable a student to receive remedial
education services while enrolled in a
postsecondary course rather than requiring the
student to receive remedial education before
enrolling in such a course;
``(iv) dual or concurrent enrollment
programs;
``(v) competency-based education and
assessment; or
``(vi) policies and processes to award
academic credit for prior learning or for the
programs described in paragraph (2)(A).
``(B) Establish or implement plans for providers of
the programs described in paragraph (2)(A) to meet the
criteria and carry out the procedures necessary to be
included on the list of eligible providers of training
services described in section 122(d).
``(C) Purchase, lease, or refurbish specialized
equipment as necessary to carry out such programs,
provided that not more than 15 percent of the funds
awarded to the eligible institution under this section
may be used for activities described in this
subparagraph.
``(D) Reduce or eliminate unmet financial need
relating to the cost of attendance (as defined under
section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll)) of participants in such programs.
``(4) Administrative cost limit.--An eligible institution
may use not more than 7 percent of the funds awarded under this
section for administrative costs, including costs related to
collecting information, analysis, and coordination for purposes
of subsection (f).
``(f) Levels of Performance and Performance Reviews.--
``(1) In general.--The Secretary shall develop and
implement guidance that establishes the levels of performance
that are expected to be achieved by each eligible institution
receiving a grant under this section. Such levels of
performance shall be established on the following indicators:
``(A) Each of the primary indicators of performance
for adults described in section 116(b)(2)(A)(i), which
shall be applied for all individuals who participated
in a program that received funding from a grant under
this section.
``(B) The extent to which the eligible institution
built capacity by--
``(i) increasing the breadth and depth of
employer engagement and investment in workforce
development programs in the in-demand industry
sectors and occupations targeted by the
eligible institution and industry partnership
established or maintained by the eligible
institution under subsection (e)(1);
``(ii) designing or implementing new and
accelerated instructional techniques or
technologies, including the use of advanced
online and technology-enabled learning (such as
immersive technology); and
``(iii) increasing program and policy
alignment across systems and decreasing
duplicative services or service gaps.
``(C) With respect to individuals who participated
in a workforce development program funded with the
grant--
``(i) the percentage of participants who
successfully completed the program; and
``(ii) of the participants who were
incumbent workers at the time of enrollment in
the program, the percentage who advanced into
higher level positions during or after
completing the program.
``(2) Consultation and determination of levels of
performance.--
``(A) Consideration.--In developing levels of
performance in accordance with paragraph (1), the
Secretary shall take into consideration the goals of
the eligible institution pursuant to subsection
(d)(2)(L).
``(B) Determination.--After completing the
consideration required under subparagraph (A), the
Secretary shall separately determine the levels of
performance that will apply to each eligible
institution, taking into account--
``(i) the expected levels of performance of
each eligible institution with respect to the
goals described by the eligible institution
pursuant to subsection (d)(2)(L); and
``(ii) local economic conditions in the
geographic area to be served by the eligible
institution, including differences in
unemployment rates and job losses or gains in
particular industries.
``(C) Notice and acknowledgment.--
``(i) Notice.--The Secretary shall provide
each eligible institution with a written
notification that sets forth the levels of
performance that will apply to the eligible
institution, as determined under subparagraph
(B).
``(ii) Acknowledgment.--After receiving the
notification described in clause (i), each
eligible institution shall submit to the
Secretary written confirmation that the
eligible institution--
``(I) received the notification;
and
``(II) agrees to be evaluated in
accordance with the levels of
performance determined by the
Secretary.
``(3) Performance reviews.--On an annual basis during each
year of the grant period, the Secretary shall evaluate the
performance during such year of each eligible institution
receiving a grant under this section in a manner consistent
with the levels of performance determined for such institution
pursuant to paragraph (2).
``(4) Failure to meet levels of performance.--After
conducting an evaluation under paragraph (3), if the Secretary
determines that an eligible institution did not achieve the
levels of performance applicable to the eligible institution
under paragraph (2), the Secretary shall--
``(A) provide technical assistance to the eligible
institution; and
``(B) develop a performance improvement plan for
the eligible institution.
``(g) Evaluations and Reports.--
``(1) In general.--Not later than 4 years after the date on
which the first grant is made under this section, the Secretary
shall design and conduct an evaluation to determine the overall
effectiveness of the eligible institutions receiving a grant
under this section.
``(2) Elements.--The evaluation of the effectiveness of
eligible institutions conducted under paragraph (1) shall
include an assessment of the general effectiveness of programs
and activities supported by the grants awarded to such eligible
institutions under this section, including the extent to which
the programs and activities--
``(A) developed new, or expanded existing,
successful industry sector strategies, including the
extent to which such eligible institutions deepened
employer engagement and developed workforce development
programs that met industry skill needs;
``(B) created, expanded, or enhanced career
pathways, including the extent to which the eligible
institutions developed or improved competency-based
education and assessment, credit for prior learning,
modularized and self-paced curricula, integrated
education and workforce development, dual enrollment in
secondary and postsecondary career pathways, stacked
and latticed credentials, and online and distance
learning;
``(C) created alignment between eligible
institutions and the workforce development system;
``(D) assisted individuals with finding, retaining,
or advancing in employment;
``(E) assisted individuals with earning recognized
postsecondary credentials; and
``(F) provided equal access to various demographic
groups, including people of different geographic
locations, ages, races, national origins, and sexes.
``(3) Design requirements.--The evaluation under this
subsection shall--
``(A) be designed by the Secretary (acting through
the Chief Evaluation Officer) in conjunction with the
eligible institutions being evaluated;
``(B) include analysis of program participant
feedback and outcome and process measures; and
``(C) use designs that employ the most rigorous
analytical and statistical methods that are reasonably
feasible, such as the use of control groups.
``(4) Data accessibility.--The Secretary shall make
available on a publicly accessible website of the Department of
Labor any data collected as part of the evaluation under this
subsection. Such data shall be made available in an aggregated
format that does not reveal personally identifiable information
and that ensures compliance with relevant Federal laws,
including section 444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights and Privacy
Act of 1974') (20 U.S.C. 1232g).
``(5) Publication and reporting of evaluation findings.--
The Secretary (acting through the Chief Evaluation Officer)
shall--
``(A) in accordance with the timeline determined to
be appropriate by the Chief Evaluation Officer, publish
an interim report on the preliminary results of the
evaluation conducted under this subsection;
``(B) not later than 60 days after the date on
which the evaluation is completed under this
subsection, submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report on such evaluation; and
``(C) not later than 90 days after such completion
date, publish and make the results of such evaluation
available on a publicly accessible website of the
Department of Labor.
``(h) Annual Reports.--The Secretary shall make available on a
publicly accessible website of the Department of Labor, in transparent,
linked, open, and interoperable data formats, the following
information:
``(1) The performance of eligible institutions on the
capacity-building performance indicator set forth under
subsection (f)(1)(B).
``(2) The performance of eligible institutions on the
workforce development participant outcome performance
indicators set forth under subsection (f)(1)(C).
``(3) The number of individuals enrolled in workforce
development programs funded with a grant under this section.
``(i) Definitions.--In this section:
``(1) Chief evaluation officer.--The term `Chief Evaluation
Officer' means the head of the independent evaluation office
located in the Office of the Assistant Secretary for Policy of
the Department of Labor.
``(2) Community college.--The term `community college'
means--
``(A) a public institution of higher education (as
defined in section 101(a) of the Higher Education Act
(20 U.S.C. 1001(a)), at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(B) a branch campus of a 4-year public
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), if, at such branch campus--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(C) a 2-year Tribal College or University (as
defined in section 316(b)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)(3))); or
``(D) a degree-granting Tribal College or
University (as defined in section 316(b)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)))
at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree.
``(3) Eligible institution.--The term `eligible
institution' means--
``(A) a community college;
``(B) a postsecondary vocational institution (as
defined in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c))); or
``(C) a consortium of such colleges or
institutions.
``(j) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local public funds made available for carrying out the
activities described in this section.''.
SEC. 180. AUTHORIZATION OF APPROPRIATIONS.
Section 175 of the Workforce Innovation and Opportunity Act, as so
redesignated, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by striking subsections (a) through (d) and inserting
the following:
``(a) Native American Programs.--There are authorized to be
appropriated to carry out section 166 (not including subsection (k) of
such section) $61,800,000 for each of the fiscal years 2025 through
2030.
``(b) Migrant and Seasonal Farmworker Programs.--There are
authorized to be appropriated to carry out section 167 $100,317,900 for
each of the fiscal years 2025 through 2030.
``(c) Technical Assistance.--There are authorized to be
appropriated to carry out section 168 $5,000,000 for each of the fiscal
years 2025 through 2030.
``(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169 $12,720,000 for each of the
fiscal years 2025 through 2030.
``(e) Reentry Program.--There are authorized to be appropriated to
carry out section 172 $115,000,000 for each of the fiscal years 2025
through 2030.
``(f) Strengthening Community Colleges Program.--There are
authorized to be appropriated to carry out section 173 $65,000,000 for
each of the fiscal years 2025 through 2030.''.
Subtitle F--Administration
SEC. 191. REQUIREMENTS AND RESTRICTIONS.
(a) Labor Standards.--Section 181(b) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3241(b)) is amended by adding at the end
the following:
``(8) Child labor.--Individuals in on-the-job training or
individuals employed in programs and activities under this
title shall be employed in accordance with the provisions on
child labor under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) and applicable State law.
``(9) Consultation.--If an employer provides on-the-job
training, incumbent worker training, or employer-directed
skills development with funds made available under this title
directly to employees of such employer that are subject to a
collective bargaining agreement with the employer, the employer
shall consult with the labor organization that represents such
employees on the planning and design of such training or
development.''.
(b) Remedies.--Section 181(c)(3)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3241(c)(3)(B)) is amended by inserting ``for
a period of not less than 2 years'' before the semicolon at the end.
(c) Relocation.--Section 181(d)(2) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3241(d)(2)) is amended by striking
``incumbent worker training,'' and inserting ``incumbent worker
training, employer-directed skills development,''.
(d) Supportive Services.--Section 181 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3241) is amended by adding at the end
the following:
``(h) Supportive Services.--Except as provided in section
134(d)(2), funds provided under this title may only be used to provide
supportive services to individuals who--
``(1) are participating in activities under programs
authorized under this title;
``(2) are unable to obtain the supportive services through
programs listed in section 121(b)(2); and
``(3) require supportive services to enable participation
in activities under programs authorized under this title.''.
SEC. 192. MONITORING.
Section 183 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3243) is amended by striking ``recipients'' each place it
appears and inserting ``recipients and subrecipients''.
SEC. 193. FISCAL CONTROLS; SANCTIONS.
Section 184(b) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3244(b)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (5), and (6), respectively;
(2) by inserting before paragraph (3), as so redesignated,
the following:
``(1) In general.--For the purposes of this title, a
substantial violation shall--
``(A) be determined in accordance with the
procedures established by the Governor as described in
paragraph (2); and
``(B) include any willful violation of the
requirements under subsections (a) or (b) of section
181 for which there has been a final determination of
the violation without any remaining right to appeal.
``(2) Procedures.--The Governor shall establish procedures
to be used by local areas and, in the case of funds described
in section 128(a) or pertaining to the enforcement provisions
under section 122(g), by any other individual or entity
specified by the Governor to determine if a substantial
violation of this title has occurred.'';
(3) in paragraph (3), as so redesignated--
(A) in subparagraph (A), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (B)(v), by striking the period
at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) reduce any local allotment under section
128(b) or 133(b) to the local area involved by not more
than 5 percent for the fiscal year after the fiscal
year in which the substantial violation, for which
corrective action was not taken, occurred.'';
(4) by inserting after paragraph (3), as so redesignated,
the following:
``(4) Reallocation of reductions.--Any amount that was
reduced from an allotment to a local area in accordance with
paragraph (3)(C) shall be reallocated by the Governor to the
other local areas within the State that are not subject to an
action described in paragraph (3) in a manner determined by the
Governor, which may take into consideration whether such other
local area is serving a significant number of individuals with
barriers to employment.'';
(5) in paragraph (5), as so redesignated, by striking ``(A)
and (B)'' and inserting ``(A), (B), and (C)''; and
(6) in paragraph (6), as so redesignated, by striking
``paragraph (1)'' and inserting ``paragraph (2)''
SEC. 194. ADMINISTRATIVE ADJUDICATION.
Section 186(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3246(a)) is amended by striking ``184'' and inserting ``181 or
184''.
SEC. 195. JUDICIAL REVIEW.
Section 187(a)(1) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3247(a)(1)) is amended by striking ``184'' and inserting
``181 or 184''.
SEC. 196. GENERAL WAIVERS OF STATUTORY OR REGULATORY REQUIREMENTS.
Section 189(i)(3)(A)(i) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3249(i)(3)(A)(i)) is amended by striking ``procedures
for review and approval of plans'' and inserting ``the procedures for
review and approval of plans, the performance reports described in
section 116(d), and the requirement described in section
134(c)(1)(B)''.
SEC. 197. STATE FLEXIBILITY PILOT AUTHORITY.
Section 190 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3250) is amended to read as follows:
``SEC. 190. STATE FLEXIBILITY PILOT AUTHORITY.
``(a) Purpose.--The purpose of this section is to--
``(1) authorize States to apply under this section, in the
case of an eligible State, on behalf of the State as a whole,
or for any State, on behalf of a local area or a consortium of
local areas in the State, to receive the allotments or
allocations of the State or the local areas, respectively, for
youth workforce investment activities under chapter 2 of
subtitle B and adult and dislocated worker employment and
training activities under chapter 3 of subtitle B as a
consolidated grant for 5 years for the purpose of carrying out
a pilot project to pursue innovative reforms to achieve better
outcomes for jobseekers, workers, employers, and taxpayers; and
``(2) require that rigorous evaluations be conducted to
demonstrate if better outcomes and opportunities to achieve
economic self-sufficiency for participants, including
participants receiving a priority for services under this
section, and associated innovative reforms to improve service
delivery were achieved as a result of such pilot projects.
``(b) General Authority.--
``(1) Waivers, pilot project grant amounts, and
reservations.--Notwithstanding any other provision of subtitle
A or B, except as otherwise provided in this section, during
the pilot project period applicable to a pilot project approved
for a State pursuant to subsection (d)(3), the Secretary, the
Governor of a State participating in such pilot project on
behalf of the State as a whole, local area, or consortium of
local areas, and a local area or consortium of local areas on
whose behalf a Governor is participating in such a pilot
project, shall, as applicable, comply with each of the
following:
``(A) Waivers.--Subject to paragraph (2), the
Secretary shall waive for the State as a whole, or for
the local area or the consortium of local areas
selected by the State to carry out such pilot project,
all the statutory and regulatory requirements of
subtitles A and B.
``(B) Pilot project grant amounts.--For each fiscal
year applicable to a pilot period, the Secretary shall
carry out the following:
``(i) State as a whole.--In a case of a
State approved to carry out a pilot project
under this section on behalf of the State as a
whole, distribute as a consolidated sum to the
State, for purposes of carrying out the
project, the State's total allotment for such
fiscal year under--
``(I) subsections (b)(1)(C) and (c)
of section 127;
``(II) paragraphs (1)(B) and (2)(B)
of section 132(b); and
``(III) section 132(c).
``(ii) Local area.--In a case of a local
area selected by a State and approved to carry
out a pilot project under this section, require
the State to--
``(I) distribute as a consolidated
sum to the local board for such local
area, for purposes of carrying out the
project, the local area's allocation
for such fiscal year under--
``(aa) subsections (b) and
(c) of section 128; and
``(bb) subsections (b) and
(c) of section 133; or
``(II) if the local board of the
local area enters into a written
agreement with the State for the State
to serve as the fiscal agent for the
local board during the pilot project,
use the funds described in subclause
(I) for purposes of carrying out the
project on behalf of the local board.
``(iii) Consortium of local areas.--In a
case of a consortium of local areas selected by
a State and approved to carry out a pilot
project under this section, require the State
to--
``(I) distribute as a consolidated
sum to the consortium, for purposes of
carrying out the project, the total
amount of the allocations for the local
areas in such consortium for such
fiscal year under--
``(aa) subsections (b) and
(c) of section 128; and
``(bb) subsections (b) and
(c) of section 133; or
``(II) if the consortium enters
into a written agreement with the State
for the State to serve as the fiscal
agent for the consortium during the
pilot project, use the funds described
in subclause (I) for purposes of
carrying out the project on behalf of
such consortium.
``(C) State reservation.--The Governor of a State
participating in a pilot project on behalf of the State
as a whole shall reserve not less than 25 percent of
the consolidated sum allotted to the State, as
described in subparagraph (B)(i), for the purpose of
developing and implementing evidence-based workforce
development activities in the State. Such activities--
``(i) shall comply with the priority of
service requirement described in subsection
(e)(3); and
``(ii) may include strategies such as--
``(I) innovative skills development
programs to improve employment outcomes
for jobseekers, incumbent workers, and
dislocated workers;
``(II) job training programs and
assistance with removing barriers to
employment for justice-involved
individuals;
``(III) pre-apprenticeships,
apprenticeships, and evidence-based
workforce development and employment
opportunities, including for youth
(particularly opportunity youth);
``(IV) the development and
strengthening of industry or sector
partnerships and training programs
offered under such partnerships;
``(V) the optimization of
supportive service delivery and the
integration of such services within the
workforce system to promote retention
in and completion of training programs
for participants served under the pilot
project; and
``(VI) other strategies as may be
appropriate and necessary to achieve
better outcomes for jobseekers,
workers, employers, and taxpayers, as
determined by the Governor.
``(D) Local area and consortium reservation.--A
local area or a consortium of local areas for which a
pilot project is authorized under this section shall
reserve not less than 25 percent of the consolidated
sum allotted, as described in clause (ii) or (iii),
respectively, of subparagraph (B), to the local area or
consortium of local areas, respectively, for the
purpose of developing and implementing evidence-based
workforce development activities described in
subparagraph (C) in the local area or local areas
served by the consortium, respectively.
``(2) Exceptions.--
``(A) In general.--A State, local area, or
consortium of local areas carrying out a pilot project
under this section shall comply with statutory or
regulatory requirements of this Act relating to--
``(i) performance accountability and
reporting, except as otherwise provided in this
section;
``(ii) the membership of local boards or
State boards in instances where a State
carrying out a pilot project will maintain the
use of such local boards or State boards,
respectively, during the pilot project period;
``(iii) the requirement to set minimum
levels of performance on the criteria described
in section 122(b)(2)(B) for any providers of
training services that will receive funding
under the pilot project;
``(iv) the establishment of the one-stop
delivery system to make the services and
activities carried out under the pilot project
available to individuals in the State, local
area, or consortium of local areas carrying out
the pilot project, except that, of the
requirements in section 121(e), such one-stop
delivery system shall only be required to meet
the requirements of paragraph (2) of that
section and only with respect to the services
and activities of the pilot project;
``(v) the fiscal and management
accountability information systems described in
section 116(j) and, in the case of a pilot
project carried out by a local area or
consortium of local areas, the provisions on
fiscal integrity described in section 106; and
``(vi) the priority of service described in
section 134(c)(3)(E).
``(B) Applicability of defined terms.--In carrying
out a pilot project under this section, a State, local
area, or consortium of local areas may only use a term
defined in section 3 to describe an activity carried
out under such pilot project if the State, local area,
or consortium of local areas gives such term the same
meaning as such term is given under such section.
``(C) Rule of construction.--Nothing in
subparagraph (A)(iv) shall be construed to prevent a
State, local area, or consortium of local areas
carrying out a pilot project under this section from
deciding to maintain the one-stop delivery system in
effect for the State, local area, or consortium,
respectively, prior to the start of the pilot project.
``(3) Authority for third-party evaluation.--
``(A) In general.--Not later than 180 days after
the first pilot project is approved under this section,
the Secretary shall contract with a third-party
evaluator to conduct a rigorous evaluation of each
pilot project approved under this section. The
evaluation shall--
``(i) cover the entire period of each pilot
project;
``(ii) include a description of--
``(I) the populations served under
the pilot project, including with
respect to individuals with barriers to
employment served under the pilot
project, disaggregated by each
subpopulation of such individuals, and
by race, ethnicity, sex, and age;
``(II) the services provided
through the pilot project, the
providers of such services, and the
cost of such services, disaggregated by
the type of service provided;
``(III) if the pilot project is
carried out by a State, the geographic
distribution within the State of the
services provided under the pilot
project; and
``(IV) the workforce development
systems in the State, local area, or
consortium of local areas that were
affected, and the nature of such
effects, as a result of the pilot
project;
``(iii) compare the employment and earnings
outcomes of participants in activities carried
out under the pilot project to--
``(I) the outcomes of similarly
situated individuals who do not
participate in such activities and who
are located in such State, such local
area, or a local area in such
consortium, as applicable;
``(II) the outcomes of similarly
situated participants in similarly
situated States or local areas within
such States, as applicable, that do not
receive authority to carry out a pilot
project under this section; and
``(III) the outcomes of
participants in activities under
chapter 2 or 3 of subtitle B in the
State, local area, or a local area in
the consortium that was awarded a
waiver prior to the award of such
waiver;
``(iv) conduct a qualitative analysis that
identifies any practices or strategies
(including promising, evidence-based, or
innovative practices and strategies) that--
``(I) would not have been conducted
without the waiving of statutory or
regulatory provisions through the pilot
project; and
``(II) led to changes in employment
and earnings outcomes for the
participants, including employment and
earnings outcomes for participants who
are opportunity youth and individuals
with barriers to employment; and
``(v) compare the outcomes for subclauses
(I), (II), and (III) of clause (iii) with
respect to the subpopulations described in
section 116(d)(2)(B).
``(B) Report.--Not later than 2 years after the
final year of a pilot project approved under this
section, the Secretary shall submit to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate the results of the
evaluation conducted under this paragraph.
``(c) Pilot Period; Limitations.--
``(1) In general.--A pilot project approved under this
section for a State, local area, or consortium--
``(A) shall be carried out for a 5-year pilot
project period; and
``(B) may be renewed for an additional 4-year pilot
project period, if the State, local area, or
consortium--
``(i) for each of the final 3 years of the
preceding 5-year pilot project period, meets
its expected levels of performance established
under subsection (f)(1)(C); and
``(ii) for the final year of the preceding
5-year pilot project period, achieves a
performance improvement of not less than an
average of a 5-percent increase across all of
the indicators of performance described in
clauses (i) and (ii) of subsection (f)(1)(A),
compared with--
``(I) the highest level of
performance for the corresponding
indicators of performance, as described
in subsection (f)(1)(B)(i) with respect
to such State, for the most recent
program year that ended prior to the
beginning of the first year of the
preceding 5-year pilot project period;
or
``(II) the alternate baseline level
of performance for the corresponding
indicators of performance that is
agreed upon between the State and the
Secretary under subsection
(f)(1)(B)(ii).
``(2) Limitations.--
``(A) Pilot period limitations.--For each pilot
period (including renewals of such period) the
Secretary may not approve--
``(i) more than 5 pilot projects for
eligible States described in paragraph (3) to
carry out a pilot project described in
subsection (b)(1)(B)(i), except as provided in
subparagraph (C); and
``(ii) more than 4 pilot projects for local
areas (or consortia of local areas) to carry
out a pilot project described in clause (ii) or
(iii) of subsection (b)(1)(B).
``(B) State limitations.--Not more than 1 pilot
project may be approved under this section per State.
For purposes of this subparagraph, a pilot project
described in clause (ii) or (iii) of subsection
(b)(1)(B) approved for a local area or a consortium of
local areas, respectively, in a State shall be
considered a pilot project approved under this section
for the State.
``(C) Subsequent approval.--Notwithstanding
subparagraph (A)(i), the Secretary may award authority
to carry out a pilot project for a State as a whole
under this section to 2 additional eligible States
described in paragraph (3), if, at the beginning of the
third year of the pilot projects awarded to the 5
eligible States under subparagraph (A)(i), each of such
States--
``(i) has met or exceeded expected levels
of performance under the primary indicators of
performance described in section 116(b)(2)(A);
and
``(ii) meets the requirement described in
subsection (e)(4).
``(3) Eligible states.--The Secretary may not approve a
pilot project for a State as a whole described in subsection
(b)(1)(B)(i) unless, at the time of submission of the
application, such State is an eligible State, meaning--
``(A) a State designated as a single State local
area under section 106(d), including a State that has
received consent to be so designated under section
106(d)(2); or
``(B) a State with--
``(i) a labor force participation rate that
is less than 60 percent for the most recent
program year; and
``(ii) a population of less than 5,100,000,
as determined by the most recent decennial
census released by the Bureau of the Census.
``(4) Equitable flexibility pilot authority.--No less than
2 and no more than 3 of the eligible States for which the
Secretary awards authority to carry out a pilot project for the
eligible State as a whole under this section shall be States
eligible under paragraph (3)(B), at the time of submission of
the application, except that in the case of subsequent approval
described in paragraph (2)(C), exactly 50 percent of the
eligible States for which the Secretary awards authority under
such paragraph to carry out a pilot project for the eligible
State as a whole shall be States eligible under paragraph
(3)(B).
``(d) Application.--
``(1) In general.--To be eligible to carry out a pilot
project under this section, a State shall submit to the
Secretary an application at such time and in such manner as the
Secretary may reasonably require, and containing the
information described in paragraph (2).
``(2) Content.--Each application submitted by a State under
this subsection shall include the following:
``(A) A description of the pilot project to be
carried out under this section, including--
``(i) whether the project will be carried
out--
``(I) by the State as a whole;
``(II) by a local area, and if so--
``(aa) an identification
of--
``(AA) such local
area; and
``(BB) whether the
local area will be the
fiscal agent for the
project, or whether the
local board has entered
into a written
agreement with the
State for the State to
serve as the fiscal
agent during the
project; and
``(bb) written verification
from the local board for such
local area that such local
board agrees--
``(AA) to carry out
such project; and
``(BB) to the
fiscal agent identified
in item (aa)(BB); or
``(III) by a consortium of local
areas in the State, and if so--
``(aa) an identification
of--
``(AA) each local
area that comprises the
consortium; and
``(BB) the local
area that will serve as
the fiscal agent for
the consortium during
the project, or whether
the consortium has
entered into a written
agreement with the
State for the State to
serve as the fiscal
agent; and
``(bb) written verification
from each local board of each
local area identified in item
(aa)(AA) that such local board
agrees--
``(AA) to carry out
such project as a
consortium; and
``(BB) to the
fiscal agent for the
consortium identified
in item (aa)(BB);
``(ii) a description of the activities to
be carried out under the project, including--
``(I) the activities to be carried
out under the reservation required
under subparagraph (C) or (D) of
subsection (b)(1), as applicable;
``(II) how the activities will
comply with the priority of service
described in subsection (e)(3); and
``(III) how the activities will be
made available through the one-stop
delivery system described in subsection
(b)(2)(A)(iv);
``(iii) the goals the State, local area, or
consortium intends to achieve through such
activities, which shall be aligned with the
purpose described in subsection (a); and
``(iv) a description of any reforms or
improvements, including any reforms or
improvements that may be evidence-based, to
service delivery to be carried out under the
project.
``(B) A description of the performance outcomes the
State, the local area, or consortium expects to achieve
for such activities for each year of the pilot project
period as described in subsection (f)(1).
``(C) A description of how the State, local area,
or consortium consulted with employers, the State
board, and the local boards in the State in determining
the activities to carry out under the pilot project.
``(D) A description of how the State will make such
activities available to jobseekers and employers in
each of the local areas in the State or, in a case of a
project that will be carried out by a local area or a
consortium, a description of how such services will be
made available to jobseekers and employers in such
local area or each of the local areas in the
consortium.
``(E) A description, if appropriate, of how the
State, local area, or consortium will integrate the
funds received, and the activities carried out, under
the pilot project under this section with funds and
activities for State workforce development programs and
other Federal, State, or local workforce, education, or
social service programs (including the programs and
activities listed in section 103(a)(2), the program of
adult education and literacy activities authorized
under title II, and the program authorized under title
I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.)).
``(F) An assurance that the State, local area, or
consortium will meet the requirements of this section.
``(3) Secretarial approval.--
``(A) In general.--The Secretary shall--
``(i) approve an application submitted
under this subsection, and the pilot project
described in such application, not later than
90 days after the date on which such
application is submitted, unless the Secretary
meets the requirements of clause (ii); and
``(ii) have the authority to disapprove
such application only if, by not later than 90
days after the date on which such application
is submitted, the Secretary--
``(I) determines--
``(aa) that such
application is subject to the
limitations described in
subsection (c)(2); or
``(bb) that such
application fails to meet the
requirements of this section;
and
``(II) in a case which the
Secretary makes the determination
described in subclause (I)(bb),
provides to the State a written
explanation of initial disapproval that
meets the requirements of subparagraph
(B).
``(B) Initial disapproval.--An explanation of
initial disapproval provided by the Secretary to a
State under subparagraph (A)(ii)(II) shall provide the
State with--
``(i) a detailed explanation of why the
application does not meet the requirements of
this section; and
``(ii) if the State is not subject to the
limitations described in subsection (c), an
opportunity to revise and resubmit the State's
application under this section.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to require the Secretary
to approve more pilot projects than allowed under the
limitations described in subsection (c)(2).
``(4) Priority.--In approving pilot projects under this
section in the case that more eligible States, for the State as
a whole, or more States, on behalf of local areas and consortia
of local areas, have submitted applications that meet the
requirements of this section than the Secretary is allowed to
approve pursuant to the limitations described in subsection
(c)(2), the Secretary shall give priority consideration as
follows:
``(A) For applications seeking a pilot project for
the eligible State as a whole--
``(i) first, to applications submitted by
eligible States with a population of not more
than 5,000,000 and not less than 15 workforce
boards, as of the date of enactment of the A
Stronger Workforce for America Act; and
``(ii) second, to applications submitted by
eligible States that have achieved the State
adjusted levels of performance for the youth
program authorized under chapter 2 of subtitle
B and the adult and dislocated worker programs
authorized under chapter 3 of subtitle B in the
most recent program year for which performance
information is available.
``(B) For applications seeking a pilot project for
a local area or consortium of local areas, to
applications submitted by local areas or consortia of
local areas that have achieved the negotiated local
levels of performance for such youth program and such
adult and dislocated worker programs in the most recent
program year for which performance information is
available.
``(e) State Pilot Project Requirements.--A State, local area, or
consortium that has been approved to carry out a pilot project under
this section shall meet each of the following requirements:
``(1) Use of funds.--Use the funds received pursuant to
subsection (b)(1)(B) solely to carry out the activities of the
pilot project to achieve the goals of the pilot project, as
described in subsection (d)(2)(A).
``(2) Administrative costs limitation.--Use not more than
10 percent of the funds received pursuant to subsection
(b)(1)(B) for a fiscal year for the administrative costs of
carrying out the pilot project.
``(3) Priority for services.--Give priority for services
under the project to veterans and their eligible spouses in
accordance with the requirements of section 4215 of title 38,
United States Code, recipients of public assistance, low-income
individuals, individuals who have foundational skill needs,
opportunity youth, and dislocated workers.
``(4) Number of participants.--Serve a number of
participants under the activities of the pilot project for each
year of the pilot project period that--
``(A) is greater than the number of participants
served by such State, local area, or consortium, as
applicable, under the programs described in
subparagraph (A) of section 3(13) for the most recent
program year that ended prior to the beginning of the
first year of the pilot project period; or
``(B) is not less than the number of participants
to be served under the activities of the pilot project
that is agreed upon between the State, local area, or
consortium, as applicable, and the Secretary--
``(i) prior to the Secretary's approval of
the application submitted under subsection (d);
and
``(ii) after the Secretary takes into
account--
``(I) the goals the State, local
area, or consortium intends to achieve
through the pilot project; and
``(II) the participants the State,
local area, or consortium intends to
serve under such project.
``(5) Reporting outcomes.--Submit, on an annual basis, to
the Secretary a report, with respect to such State, local area,
or consortium--
``(A) on participant outcomes for each indicator of
performance described in subsection (f)(1)(A) for the
activities carried out under the project;
``(B) on the applicable requirements of section
116(d)(2), including--
``(i) subparagraph (B) of such section; and
``(ii) subparagraphs (C), (D), (E), (F),
(G), and (J) of such section, as such
subparagraphs are applicable to activities
under the pilot project; and
``(C) containing a description of how the State
spent the amounts reserved under subsection (b)(1)(C)
or the local area or consortium spent the amounts
reserved under subsection (b)(1)(D), as applicable, and
any evidence-based practices developed with such
amounts.
``(6) Compliance with certain existing requirements.--
Comply with the statutory or regulatory requirements listed in
subparagraphs (A) and (B) of subsection (b)(2).
``(f) Performance Accountability.--
``(1) Establishment of baseline levels for performance.--
``(A) In general.--Each State shall describe in the
application submitted under subsection (d), for each
year of the pilot project period--
``(i) with respect to participants who are
at least 25 years old, the expected State
levels of performance or expected local levels
of performance, as the case may be, for each of
the indicators of performance under section
116(b)(2)(A)(i) for the activities carried out
under the project under this section, which
shall meet the requirements of subparagraph
(B); and
``(ii) with respect to participants who are
at least 16 years old and not older than 24
years old, the expected State levels of
performance or expected local levels of
performance, as the case may be, for each of
the indicators of performance under section
116(b)(2)(A)(ii) for the activities carried out
under the project under this section, which
shall meet the requirements of subparagraph
(B).
``(B) Fifth year.--Each of the expected levels of
performance established pursuant to subparagraph (A)
for each of the indicators of performance for the fifth
year of the pilot project period shall be higher than--
``(i) the highest State adjusted or
negotiated local level of performance, as
applicable, for the corresponding indicator of
performance for the programs described in
subparagraph (A) of section 3(13), for the most
recent program year for such State that ended
prior to the beginning of the first year of the
pilot project period; or
``(ii) an alternate baseline level of
performance that--
``(I) shall not be lower than the
most recent State adjusted or
negotiated local level of performance
(including any revisions) for the
corresponding indicator of performance
for the youth program under chapter 2
of subtitle B or the adult or
dislocated worker program under chapter
3 of such subtitle (using the program
determined most applicable by the
Governor of the State submitting the
application), taking into account the
goals the State intends to achieve
through the pilot project and the
participants the State intends to serve
through such project; and
``(II) is agreed upon between the
State and the Secretary--
``(aa) prior to the
Secretary's approval of the
application submitted under
subsection (d); and
``(bb) after the Secretary
takes into account--
``(AA) the goals
the State intends to
achieve through the
pilot project; and
``(BB) the
participants the State
intends to serve under
such project.
``(C) Agreed level for performance on expected
levels of performance.--Prior to approving an
application for a pilot project submitted by a State,
and using the expected levels of performance described
in such application, the Secretary shall reach an
agreement with such State on the expected levels of
performance for each of the indicators of performance.
In reaching an agreement on such expected levels of
performance, the Secretary and the State may consider
the factors described in section 116(b)(3)(A)(v).
``(2) Sanctions.--
``(A) In general.--The sanctions described in
section 116(f)(1)(B) shall apply to a State, local
area, or consortium of local areas beginning on the
third year of the pilot project period (and, for
failures described in clause (ii)(II) of that section,
shall first apply for consecutive failures in that
third year and the following year) for such State,
local area, or consortium, except that the expected
levels of performance established under paragraph (1)
shall be--
``(i) deemed to be levels of performance
agreed to under section 116(b)(3)(A)(iv), for
purposes of this paragraph; and
``(ii) adjusted at the end of each program
year to reflect the actual characteristics of
participants served and the actual economic
conditions experienced using a statistical
adjustment model similar to the model described
in section 116(b)(3)(A)(viii).
``(B) Ineligibility for renewal.--A State, local
area, or consortium that is subject to such sanctions
shall be ineligible to renew its pilot project period
under subsection (c).
``(3) Impact of local or consortium pilot projects on
statewide accountability.--With respect to a State with an
approved pilot project for a local area or consortium of local
areas in the State--
``(A) the performance of such local area or
consortium for the programs described in subparagraph
(A) of section 3(13) shall not be included in the
levels of performance for such State for any of such
programs for purposes of section 116 for any program
year that is applicable to any year of the pilot
project period; and
``(B) with respect to any local areas of the State
that are not part of the pilot project, the State shall
reach a new agreement with the Secretary, for purposes
of section 116(b)(3)(A), on levels of performance for
such programs for such program years.
``(g) Termination.--Except as provided under subsection (c)(1)(B),
the Secretary may not approve a pilot project after December 31,
2030.''.
SEC. 198. GENERAL PROGRAM REQUIREMENTS.
Section 194 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3254)) is amended by adding at the end the following:
``(16)(A) In general.--Each recipient of funds described in
section 128(a), section 128(b), or section 133(b) or under
subtitle C or D (including a provider described in section
122(i) that is awarded such funds by a State or local area)
shall provide to the appropriate entity an assurance that the
recipient will adhere to the requirements under subsections (a)
and (b) of section 181.
``(B) Appropriate Entity.--For the purposes of this paragraph, the
term `appropriate entity' means--
``(i) in the case of any funds described in section 128(a),
the Governor of the State providing such funds;
``(ii) in the case of any funds described in section 128(b)
or section 133(b), the local board providing such funds; and
``(iii) in the case of any funds under subtitle C or D, the
Secretary.
``(17) Regarding states with low population density.--
``(A) Low-density workforce area considerations.--
In the case of a local area located in a `low-density
workforce area', section 129(c)(4) shall be applied--
``(i) by substituting `25 percent' for `40
percent'; and
``(ii) by substituting `7 and 1/2 percent'
for `12 and 1/2 percent'.
``(B) Low-density workforce area definition.--In
this title, the term `low-density workforce area' means
a State with a population density of less than 1.5
persons per square mile, as determined by the most
recent decennial census of the Bureau of the Census.''.
TITLE II--ADULT EDUCATION AND LITERACY
SEC. 201. PURPOSE.
Section 202 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3271) is amended--
(1) in paragraph (1), by inserting ``(including digital
literacy skills)'' before ``necessary'';
(2) in paragraph (3), by striking ``secondary school
diploma'' and inserting ``regular high school diploma or its
recognized equivalent''; and
(3) in paragraph (4), by striking ``English language
learners'' and inserting ``English learners''.
SEC. 202. DEFINITIONS.
Section 203 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3272) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``and speak'' and inserting
``listen, speak, and comprehend''; and
(ii) by striking ``secondary'' and
inserting ``regular high'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following:
``(C) develop and use digital literacy skills;
and'';
(2) by redesignating paragraphs (3) through (14), (15),
(16), and (17), as paragraphs (4) through (15), (17), (18), and
(19), respectively;
(3) by inserting after paragraph (2) the following:
``(3) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).'';
(4) in paragraph (5)(C) (as so redesignated)--
(A) by striking clause (i) and inserting the
following:
``(i) has foundational skill needs;'';
(B) in clause (ii), by striking ``secondary'' and
inserting ``regular high''; and
(C) in clause (iii), by striking ``English language
learner'' and inserting ``English learner'';
(5) in paragraph (7) (as so redesignated)--
(A) in subparagraph (A), by striking ``English
language learners'' and inserting ``English learners'';
and
(B) in subparagraph (B)(i)(I), by striking
``secondary'' and inserting ``regular high'';
(6) in paragraph (8) (as so redesignated)--
(A) in the paragraph heading, by striking
``language''; and
(B) in the matter preceding subparagraph (A), by
striking ``English language learner'' and inserting
``English learner'';
(7) in the matter preceding subparagraph (A) in paragraph
(10) (as so redesignated), by inserting ``and educational''
after ``the economic'';
(8) in paragraph (13) (as so redesignated)--
(A) by striking ``English language learners'' and
inserting ``English learners''; and
(B) by striking ``and may include workforce
training.'' and inserting the following: ``and may--
``(A) include skills development, postsecondary
preparation activities, digital literacy skills
instruction, financial literacy instruction, and
workforce training; and
``(B) be provided concurrently with other
activities and services, such as adult education.'';
(9) in paragraph (14) (as so redesignated), by striking
``and speak in English, compute, and solve problems,'' and
inserting ``speak, and comprehend in English, compute, solve
problems, and have digital literacy skills,''; and
(10) by inserting after paragraph (15) (as so redesignated)
the following:
``(16) Postsecondary preparation activities.--The term
`postsecondary preparation activities' means academic
counseling (which may be provided by a college and career
navigator) and services designed to support enrollment and
success in postsecondary education that include assisting
individuals to--
``(A) identify postsecondary educational options
that prepare individuals for unsubsidized employment;
``(B) navigate the transition from adult education
to postsecondary education;
``(C) navigate the transition from adult education
to workforce development programs and services;
``(D) coenroll in adult education and workforce
development programs, if applicable;
``(E) improve academic skills so that individuals
are prepared to participate in postsecondary education
without need for remediation; or
``(F) learn notetaking, study skills, and other
skills that promote student success in postsecondary
education.''.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 206 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3275) is amended to read as follows:
``SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$751,042,100 for each of the fiscal years 2025 through 2030.''.
SEC. 204. SPECIAL RULE.
Section 211 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3291) is amended--
(1) in subsection (d)(3), by striking ``secondary'' and
inserting ``regular high''; and
(2) in subsection (e)(3), by striking ``period described in
section 3(45)'' and inserting ``period described in
subparagraph (B) of section 3(50)''.
SEC. 205. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 212 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3292) is amended to read as follows:
``SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
``(a) In General.--Programs and activities authorized in this title
are subject to the performance accountability provisions described in
section 116, except that the indicator described in subsection
(b)(2)(A)(i)(VI) of such section shall be applied as if it were the
percentage of program participants who exited the program during the
program year and completed an integrated education and training
program.
``(b) Data Collection.--Notwithstanding section 134(a) of the
Higher Education Act of 1965 (20 U.S.C. 1015c(a)), the Secretary is
authorized to collect deidentified participant-level data for
participants in programs and activities funded under this title on the
information required for State performance reports as described in
section 116(d) for the sole purpose of administering the performance
accountability system under section 116.''.
SEC. 206. MATCHING REQUIREMENT.
Section 222(b) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3302(b)) is amended by adding at the end the following:
``(3) Public availability of information on matching
funds.--Each eligible agency shall maintain, on a publicly
accessible website of such agency and in an easily accessible
format, information documenting the non-Federal contributions
made available to programs that offer adult education and
literacy activities or family literacy activities pursuant to
this subsection, including--
``(A) the sources of such contributions, except
that in the case of private contributions, names of the
individuals or entities providing such contributions
may not be disclosed; and
``(B) in the case of funds made available by a
State or outlying area, an explanation of how such
funds are distributed to eligible providers.''.
SEC. 207. STATE LEADERSHIP ACTIVITIES.
Section 223(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3303(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking
``activities.'' and inserting ``activities and the
identification of opportunities to coordinate with
activities supported under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.) to expand integrated education and training
programs.'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``based on
the most rigorous or scientifically valid
research available and appropriate, in reading,
writing, speaking, mathematics,'' and inserting
``based on evidence-based practices, in
reading, writing, speaking, English
comprehension, mathematics,'';
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) in clause (iii), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(iv) assistance in reporting participant
outcomes for the performance accountability
system described in section 212, including
facilitating partnerships with the appropriate
State entities to conduct matches with State
administrative data (such as wage records) to
determine program performance on the indicators
of performance described in subclauses (I)
through (III) of section 116(b)(2)(A)(i) and
which may include assistance in integrating
with statewide longitudinal data systems.'';
(C) by redesignating subparagraph (D) as
subparagraph (E); and
(D) by inserting after subparagraph (C) the
following:
``(D) The development, identification, acquisition,
and dissemination (which may be done in coordination
with other States) of evidence-based instructional
materials (to the extent available) that lead to
literacy, English language acquisition, a recognized
postsecondary credential, or any combination of such
results; and--
``(i) are designed to meet the needs of
adult learners, including English learners, and
may be developed for integrated education and
training in an in-demand industry sector or
occupation within the State; and
``(ii) will improve the instruction
provided pursuant to the local activities
required under section 231(b).''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (E), (F), (G),
(H), (I), (J), (K), (L), and (M), as subparagraphs (F),
(G), (H), (I), (J), (K), (L), (M), and (R),
respectively;
(B) by inserting after subparagraph (D) the
following:
``(E) Developing content and models for programs
that support family literacy activities.'';
(C) in subparagraph (J)(i) (as so redesignated)--
(i) by striking ``mathematics, and
English'' and inserting ``mathematics,
English''; and
(ii) by striking ``acquisition;'' and
inserting ``acquisition, and digital literacy
skills;'';
(D) by striking subparagraph (K) (as so
redesignated) and inserting the following:
``(K) Developing and piloting of strategies for
improving adult educator recruitment, quality, and
retention, such as--
``(i) the provision of professional
development; and
``(ii) the development and maintenance of
policies for awarding recognized postsecondary
credentials to adult educators who demonstrate
effectiveness at improving the achievement of
adult students.'';
(E) in subparagraph (L) (as so redesignated), by
striking ``English language learners'' and inserting
``English learners'';
(F) in subparagraph (M) (as so redesignated), by
inserting ``, which may include through partnerships
with local educational agencies or public agencies to
recruit eligible individuals'' after ``employers''; and
(G) by inserting after subparagraph (M) (as so
redesignated) the following:
``(N) Performance incentive payments to eligible
providers, including incentive payments linked to
increased use of integrated education and training or
other forms of instruction linking adult education with
the development of occupational skills for an in-demand
industry sector or occupation in the State.
``(O) Strengthening the quality and effectiveness
of adult education and programs that support family
literacy activities in the State through support for
program quality standards and accreditation
requirements.
``(P) Raising public awareness (including through
public service announcements, such as social media
campaigns) about career and technical education
programs and community-based organizations, and other
endeavors focused on programs that prepare individuals
for in-demand industry sectors or occupations.
``(Q) Postsecondary preparation activities.''.
SEC. 208. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
Section 225 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3305) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Program Authorized.--
``(1) In general.--From funds made available under section
222(a)(1) for a fiscal year, each eligible agency shall carry
out corrections education and education for justice-involved
individuals and other institutionalized individuals.
``(2) Priority.--An eligible agency granting awards from
funds authorized under paragraph (1) shall give priority to an
eligible entity that proposes to operate an educational program
in a correctional institution that is also served by a program
authorized under section 172.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``for criminal offenders in correctional
institutions and for other institutionalized
individuals'' and inserting ``for justice-involved
individuals in correctional institutions and for other
institutionalized individuals''; and
(B) in paragraph (3), by striking ``secondary
school credit'' and inserting ``attainment of a regular
high school diploma or its recognized equivalent'';
(3) in subsection (c), by striking ``criminal offenders''
and inserting ``justice-involved individuals'';
(4) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(5) by inserting after subsection (c) the following:
``(d) Coordination.--Each eligible agency that is using assistance
provided under this section to carry out a program for justice-involved
individuals within a correctional institution shall--
``(1) coordinate such educational programs with career and
technical education activities provided to individuals in State
institutions from funds reserved under section 112(a)(2)(A) of
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2322(a)(2)(A));
``(2) identify opportunities to develop integrated
education and training opportunities for such individuals;
``(3) coordinate with institutions of higher education
operating a prison education program in the State; and
``(4) if the correctional institution is also served by a
program authorized under section 172, provide a description of
how the award funds under this section will be used to carry
out the activities described in section 172, in conjunction
with the activities described in subsection (b).'';
(6) in subsection (e) (as so redesignated), by striking
``criminal offenders'' and inserting ``justice-involved
individuals''; and
(7) in subsection (f) (as so redesignated)--
(A) in paragraph (1)(F), by striking ``criminal
offenders'' and inserting ``justice-involved
individuals''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Justice-involved individual.--The term `justice-
involved individual' means any individual who has been
adjudicated delinquent or convicted of a crime and imprisoned
under Federal or State law.
``(3) Prison education program.--The term `prison education
program' has the meaning given the term in section 484 of the
Higher Education Act of 1965 (20 U.S.C. 1091).''.
SEC. 209. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
Section 231 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3321) is amended--
(1) in subsection (a)--
(A) by striking ``From grant funds'' and inserting
the following:
``(1) In general.--From grant funds''; and
(B) by adding at the end the following:
``(2) Prompt availability of funds.--Each eligible agency
shall ensure that funds are available for reimbursement to an
eligible provider that is awarded a multiyear grant or contract
under paragraph (1) not later than 45 days after the date on
which the multiyear grant or contract is awarded.'';
(2) in subsection (d), by striking ``section 203(4)'' and
inserting ``section 203(5)'';
(3) in subsection (e)--
(A) in paragraph (1)(B)(ii), by striking ``English
language learners'' and inserting ``English learners'';
(B) in paragraph (5)--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by adding ``and''
at the end; and
(iii) by adding at the end the following:
``(C) uses instructional materials that are
designed to meet the needs of adult learners and
English learners and are evidence-based (to the extent
practicable), which may include, but shall not be
required to include, the instructional materials
disseminated by the State under section
223(a)(1)(D);'';
(C) in paragraph (6)--
(i) by striking ``speaking, mathematics,
and English'' and inserting ``speaking and
listening, mathematics, comprehension, and
English''; and
(ii) by inserting before the semicolon at
the end the following: ``, which may include
the application of the principles of universal
design for learning''; and
(D) in paragraph (10), by inserting ``local
educational agencies,'' after ``strong links with'';
and
(4) by adding at the end the following:
``(f) Cost Analysis.--In determining the amount of funds to be
awarded in grants or contracts under this section, the eligible agency
may consider the costs of providing learning in context, including
integrated education and training and workplace adult education and
literacy activities, and the extent to which the eligible provider
intends to serve individuals using such activities, in order to align
the amount of funds awarded with such costs.''.
SEC. 210. LOCAL APPLICATION.
Section 232 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3322) is amended--
(1) in paragraph (4), by inserting ``and coordinate with
the appropriate State entity'' after ``data'';
(2) in paragraph (6), by striking ``; and'' and inserting
``, such as how the eligible provider may provide adult
education and literacy activities in a manner that is
integrated with postsecondary preparation activities to enable
students to prepare for opportunities to attain a recognized
postsecondary credential;'';
(3) by redesignating paragraph (7) as paragraph (8); and
(4) by inserting after paragraph (6) the following:
``(7) a description of how the eligible provider will
provide learning in context, including through partnerships
with employers to offer workplace adult education and literacy
activities and integrated education and training; and''.
SEC. 211. LOCAL ADMINISTRATIVE COST LIMITS.
Section 233(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3323(a)) is amended--
(1) in paragraph (1), by striking ``95'' and inserting
``85''; and
(2) by striking paragraph (2) and inserting the following:
``(2) the remaining amount--
``(A) not to exceed 10 percent, may be used for
professional development for adult educators; and
``(B) not to exceed 5 percent, shall be used for
planning, administration (including carrying out the
requirements of section 116), professional development
of administrative staff, and the activities described
in paragraphs (3) and (5) of section 232.''.
SEC. 212. NATIONAL LEADERSHIP ACTIVITIES.
Section 242 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3332) is amended--
(1) in subsection (b)(1), by striking ``116;'' and
inserting ``116, including the dissemination of effective
practices used by States to use statewide longitudinal data
systems or other sources of administrative data to determine
program performance and reduce the data collection and
reporting burden on eligible providers;''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting
``including, where appropriate, the application
of the principles of universal design for
learning and'' after ``literacy activities,'';
(ii) in subparagraph (B), by striking
``English language learners'' and inserting
``English learners''; and
(iii) in subparagraph (C), by inserting
``skills'' after ``digital literacy''; and
(B) in paragraph (2)--
(i) in subparagraph (C)--
(I) in clause (i), by striking
``rigorous research'' and inserting
``evidence-based practices''; and
(II) in clause (vii)--
(aa) in subclause (I), by
striking ``adults with'' and
all that follows through the
semicolon and inserting
``adults with disabilities,
including adults with learning
disabilities, and with adults
who are English learners;'';
(bb) in subclause (III), by
striking ``and'' after the
semicolon;
(cc) in subclause (IV), by
inserting ``and'' after the
semicolon; and
(dd) by adding at the end
the following:
``(V) programs that offer family
literacy activities;'';
(ii) in subparagraph (F), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (G) as
subparagraph (J); and
(iv) by inserting after subparagraph (F)
the following:
``(G) developing and rigorously evaluating programs
for the preparation of effective adult educators and
disseminating the results of such evaluations;
``(H) carrying out initiatives to support the
effectiveness and impact of adult education, that
States may adopt on a voluntary basis, through--
``(i) the development and dissemination of
staffing models, which may include full-time
staffing models, that prioritize demonstrated
effectiveness and continuous improvement in
supporting the learning of adult students; and
``(ii) the evaluation and improvement of
program quality standards and accreditation
requirements;
``(I) providing technical assistance to eligible
agencies regarding effective professional development
for programs that offer adult education and literacy
activities or family literacy activities; and''.
SEC. 213. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
Section 243(c)(1) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3333(c)(1)) is amended by striking ``English language
learners'' and inserting ``English learners''.
TITLE III--AMENDMENTS TO OTHER LAWS
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
(a) Definitions.--Section 2(5) of the Wagner-Peyser Act (29 U.S.C.
49a(5)) is amended by inserting ``the Commonwealth of the Northern
Mariana Islands, American Samoa,'' after ``Guam,''.
(b) Unemployment Compensation Law Requirement.--Section 5(b)(1) of
the Wagner-Peyser Act (29 U.S.C. 49d(b)(1)) is amended by inserting
``the Commonwealth of the Northern Mariana Islands, or American
Samoa,'' after ``Guam,''.
(c) Allotments.--Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e)
is amended--
(1) in subsection (a)--
(A) by striking ``except for Guam'' and inserting
``except for Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa'';
(B) by striking ``first allot to Guam and the
Virgin Islands'' and inserting the following: ``first
allot--
``(1) to Guam and the Virgin Islands'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following:
``(2) beginning with the first fiscal year for which the
total amount available for allotments under this section is
greater than the total amount available for allotments under
this section for fiscal year 2024, and for each succeeding
fiscal year, to each of the Commonwealth of the Northern
Mariana Islands and American Samoa, an amount which is equal to
one-half of the amount allotted to Guam under paragraph (1) for
the corresponding fiscal year.''; and
(2) in subsection (b)(1), in the matter following
subparagraph (B), by inserting ``, the Commonwealth of the
Northern Mariana Islands, American Samoa,'' after ``Guam''.
(d) Use of Funds.--Section 7 of the Wagner-Peyser Act (29 U.S.C.
49f) is amended--
(1) in subsection (a)(1), by striking ``and referral to
employers'' and inserting ``referral to employers, and the
services described in section 134(c)(2)(A)(ii) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(ii))
when provided by the employment service office colocated with
the one-stop delivery system''; and
(2) in subsection (e), by inserting before the period at
the end the following: ``and in accordance with the
requirements of section 134(c)(2)(A)(i)(I) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3174(c)(2)(A)(i)(I))''.
(e) Workforce and Labor Market Information System.--Section 15 of
the Wagner-Peyser Act (29 U.S.C. 49l-2) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``timely manner'' and inserting
``manner that is as close to real-time as
practicable'';
(ii) in clause (i), by striking ``part-
time, and seasonal workers'' and inserting
``part-time, contingent, and seasonal workers,
and workers engaged in alternative employment
arrangements'';
(iii) by redesignating clauses (iii) and
(iv) as clauses (iv) and (v), respectively; and
(iv) by inserting after clause (ii), the
following:
``(iii) real-time trends in new and
emerging occupational roles, and in new and
emerging skills by occupation and industry,
with particular attention paid to State and
local conditions;'';
(B) in subparagraph (B)(i), by inserting
``(including, to the extent practicable, real-time)''
after ``current''; and
(C) in subparagraph (G), by striking ``user-
friendly manner and'' and inserting ``manner that makes
the data, information, and analysis available on-demand
and is user-friendly,'';
(2) in subsection (b)(2)(F)--
(A) in clause (i), by striking ``; and'' and
inserting ``(including, to the extent practicable,
provided in real time);'';
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i), as so amended,
the following:
``(ii) the capabilities of digital
technology and modern data collection
approaches are effectively utilized; and'';
(3) in subsection (e)(2)(H), by striking ``section
116(i)(2) of the Workforce Innovation and Opportunity Act'' and
inserting ``section 116(j)(2) of the Workforce Innovation and
Opportunity Act''; and
(4) by amending subsection (g) to read as follows:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $64,532,600 for each of the
fiscal years 2025 through 2030.''.
SEC. 302. JOB TRAINING GRANTS.
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 3224a) is amended to read as
follows:
``(c) Job Training Grants.--
``(1) Allotment.--
``(A) In general.--Of the funds available under
section 286(s)(2) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)(2)), the Secretary of Labor
shall, for each fiscal year--
``(i) return permanently 12 percent of such
amounts in each fiscal year to the general fund
of the Treasury;
``(ii) use $65,000,000 of such funds to
carry out the program established under section
173 of the Workforce Innovation and Opportunity
Act; and
``(iii) using the funds remaining after
carrying out clauses (i) and (ii), make
allotments to each State that receives an
allotment under section 132(b) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3172(b)) for the purpose of providing training
services through individual training accounts
for eligible dislocated workers as described in
paragraph (2)(A).
``(B) Reservation; allotment among states.--
``(i) Reservation.--From the amount made
available under subparagraph (A)(iii) for a
fiscal year, the Secretary shall reserve not
more than \1/4\ of 1 percent of such amount to
provide assistance to the outlying areas for
the purpose described in paragraph (2)(A).
``(ii) Allotment among states.--Subject to
clause (iii) of this subparagraph, the
Secretary shall use the remainder of the amount
made available under subparagraph (A)(iii) (in
this subparagraph referred to as the `remainder
amount') for a fiscal year to make allotments
to States described in subparagraph (A)(iii) on
the following basis:
``(I) 33 and \1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
each such State, compared to the total
number of unemployed individuals in all
such States.
``(II) 33 and \1/3\ percent shall
be allotted on the basis of the
relative number of disadvantaged adults
in each such State, compared to the
total number of disadvantaged adults in
all such States.
``(III) 33 and \1/3\ percent shall
be allotted on the basis of the
relative number of individuals in the
civilian labor force in each such
State, compared to the total number in
the civilian labor force in all such
States.
``(iii) Small state minimum.--The Secretary
shall ensure that no State shall receive an
allotment under this subparagraph for a fiscal
year that is less than--
``(I) in the case of a fiscal year
for which the remainder amount is not
more than $180,000,000, \3/10\ of 1
percent of such remainder amount; and
``(II) in the case of a fiscal year
for which the remainder amount exceeds
$180,000,000, the total of--
``(aa) \3/10\ of 1 percent
of $180,000,000; and
``(bb) \2/5\ of 1 percent
of such excess amount.
``(iv) Disadvantaged adult defined.--For
purposes of this subparagraph and subparagraph
(C), the term `disadvantaged adult' has the
meaning given such term in section
132(b)(1)(B)(v)(IV) of the Workforce Innovation
and Opportunity Act (29 U.S.C.
3172(b)(1)(B)(v)(IV)).
``(v) Reallotment.--
``(I) In general.--The Secretary of
Labor shall, in accordance with this
clause, reallot to eligible States
amounts that are made available to
States from allotments made under this
subparagraph (referred to individually
in this subsection as a `State
allotment') and that are available for
reallotment.
``(II) Amount.--The amount
available for reallotment for a program
year is equal to the amount by which
the unobligated balance of the State
allotment, at the end of the program
year prior to the program year for
which the determination under this
subclause is made, exceeds 20 percent
of such allotment for the prior program
year.
``(III) Reallotment.--In making
reallotments to eligible States of
amounts available pursuant to subclause
(II) for a program year, the Secretary
shall allot to each eligible State an
amount based on the relative amount of
the State allotment for the program
year for which the determination is
made, as compared to the total amount
of the State allotments for all
eligible States for such program year.
``(IV) Eligibility.--For purposes
of this subsection, an `eligible State'
means a State that does not have an
amount available for reallotment under
subclause (II) for the program year for
which the determination under subclause
(II) is made.
``(C) Within state allocations.--
``(i) In general.--The Governor shall
allocate the funds allotted to the State under
subparagraph (B) for a fiscal year to the local
areas in the State on the following basis:
``(I) 33 and \1/3\ percent of the
funds on the basis described in
subparagraph (B)(ii)(I).
``(II) 33 and \1/3\ percent of the
funds on the basis described in
subparagraph (B)(ii)(II).
``(III) 33 and \1/3\ percent of the
funds on the basis described in
subparagraph (B)(ii)(III).
``(ii) Application.--For purposes of
carrying out clause (i)--
``(I) references in subparagraph
(B)(ii) to a State shall be deemed to
be references to a local area; and
``(II) references in subparagraph
(B)(ii) to all States shall be deemed
to be references to all local areas in
the State involved.
``(iii) Reallocation among local areas.--
``(I) In general.--The Governor
may, in accordance with this clause and
after consultation with the State
board, reallocate to eligible local
areas within the State amounts that are
made available to local areas from
allocations made under this
subparagraph (referred to individually
in this subsection as a `local
allocation') and that are available for
reallocation.
``(II) Amount.--The amount
available for reallocation for a
program year is equal to the amount by
which the unobligated balance of the
local allocation, at the end of the
program year prior to the program year
for which the determination under this
subclause is made, exceeds 20 percent
of such allocation for the prior
program year.
``(III) Reallocation.--In making
reallocations to eligible local areas
of amounts available pursuant to
subclause (II) for a program year, the
Governor shall allocate to each
eligible local area within the State an
amount based on the relative amount of
the local allocation for the program
year for which the determination is
made, as compared to the total amount
of the local allocations for all
eligible local areas in the State for
such program year.
``(IV) Eligibility.--For purposes
of this subsection, an eligible local
area means a local area that does not
have an amount available for
reallotment under subclause (II) for
the program year for which the
determination under subclause (II) is
made.
``(2) Use of funds.--
``(A) In general.--Funds allocated pursuant to
paragraph (1) to a local area shall be used to pay,
through the use of an individual training account in
accordance with section 134(c)(3)(F)(iii) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(F)(iii)), an eligible provider of training
services from the list of eligible providers of
training services described in section 122(d) of such
Act (29 U.S.C. 3152(d)) for training services provided
to eligible dislocated workers in the local area.
``(B) Requirements for local areas.--As a condition
of receipt of funds under paragraph (1), a local area
shall agree to each of the following:
``(i) Required notice to workers.--Prior to
an eligible dislocated worker selecting a
program of training services from the list of
eligible providers of training services under
section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)), the local
area shall inform such dislocated worker of any
opportunities the dislocated worker may have to
participate in on-the-job training or employer-
directed skills development funded through such
local area.
``(ii) Amounts available.--Except as
provided in clause (iv)(II), a local area--
``(I) may not limit the maximum
amount available for an individual
training account for an eligible
dislocated worker under subparagraph
(A) to an amount that is less than
$5,000; and
``(II) may not pay an amount,
through the use of an individual
training account under subparagraph
(A), for training services provided to
an eligible dislocated worker that
exceeds the costs of such services.
``(iii) WIOA funds.--A local area may not
use funds made available to the local area for
a fiscal year pursuant to section 134(c)(1)(B)
of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174(c)(1)(B)) to make payments
under subparagraph (A) until the funds
allocated to the local area pursuant to
paragraph (1) of this subsection for such
fiscal year have been exhausted.
``(iv) Exhaustion of allocations.--Upon the
exhaustion of the funds allocated to the local
area pursuant to paragraph (1) of this
subsection, for the purpose of paying, through
the use of individual training accounts under
subparagraph (A), the costs of training
services for eligible dislocated workers in the
local area seeking such services, the local
area--
``(I) shall use any funds made
available to the local area pursuant to
section 134(c)(1)(B) of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3174(c)(1)(B)) to pay for such
costs under subparagraph (A) (other
than any costs that exceed the limit
set by the local area pursuant to
clause (ii) or subclause (II)); and
``(II) for any eligible dislocated
worker who is not a low-income
individual, may limit the maximum
amount available for the individual
training account under subparagraph (A)
for such worker to an amount that is
less than $5,000.
``(3) Eligible dislocated worker.--A dislocated worker
shall be an eligible dislocated worker for purposes of this
subsection if the dislocated worker--
``(A) meets the requirements under section
134(c)(3)(A)(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(3)(A)(i)) to be
eligible for training services; and
``(B) has not received training services through an
individual training account under this subsection or
under section 134(c)(3)(F)(iii) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(F)(iii)) during the preceding 5-year period
or, if such a worker has received such training
services during such period, the worker has been
granted an exception by the local area due to an
exceptional circumstance, as determined by the local
area.
``(4) Excess demand.--Upon the exhaustion of the funds
allocated to a local area pursuant to paragraph (1) of this
subsection and any funds that may be available to such local
area pursuant to section 134(c)(1)(B) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(1)(B)) for
the purpose described in paragraph (2)(A) of this subsection,
the local area--
``(A) may request additional funds for such purpose
from the Governor under section 134(a)(2)(A)(i)(III) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3174(a)(2)(A)(i)(III)); and
``(B) shall not be required to pay for training
services or establish an individual training account
for an eligible dislocated worker.
``(5) Definitions.--Except as otherwise specified, a term
used in this subsection shall have the meaning given such term
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
``(6) Rule of construction.--Nothing in this subsection
shall be construed to provide an individual with an entitlement
to a service under this subsection or under title I of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et
seq.) or to mandate a State or local area to provide a service
if Federal funds are not available for such service.''.
SEC. 303. ACCESS TO NATIONAL DIRECTORY OF NEW HIRES.
Section 453(j)(8) of the Social Security Act (42 U.S.C. 653(j)(8))
is amended--
(1) in subparagraph (A)--
(A) by inserting ``or conducting the reporting and
evaluation activities required under section 116 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141)'' after ``State law''; and
(B) by striking ``such program'' and inserting
``such programs'' ; and
(2) in subparagraph (C)(i), by striking ``purposes of
administering a program referred to'' and inserting ``the
purposes specified''.
SEC. 304. REFERENCES TO OTHER LAWS.
(a) References to Provisions of the Workforce Innovation and
Opportunity Act.--
(1) Section 8041(g)(2)(C) of the SUPPORT for Patients and
Communities Act (29 U.S.C. 3225a(g)(2)(C)) is amended by
striking ``section 172(f) of such Act (29 U.S.C. 3227(f))'' and
inserting ``section 175(h) of such Act (29 U.S.C. 3227(h))''.
(2) Section 60302(23) of the Digital Equity Act of 2021 (47
U.S.C. 1721(23)) is amended by striking ``section 3(66) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(66))''
and inserting ``section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102)''.
(b) Related Provisions.--
(1) Section 286(s)(2) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)(2)) is amended by striking
``demonstration programs and projects'' and inserting ``the
programs, activities, and uses''.
(2) Section 1154 of title 10, United States Code, is
amended--
(A) in paragraphs (2)(C) and (3)(D) of subsection
(a), by striking ``Job Corps center as defined'' and
inserting ``Job Corps campus as described'';
(B) in subsection (d)(4)(A)(ii), by striking ``Job
Corps centers'' and inserting ``Job Corps campuses'';
and
(C) in subsection (e)(2)(E), by striking ``Job
Corps center'' and inserting ``Job Corps campus''.
(3) Section 7102(c) of the SUPPORT for Patients and
Communities Act (42 U.S.C. 290bb-7a(c)) is amended--
(A) in paragraph (2)(I), by striking ``(I)'' and
all that follows through ``meaning'', and inserting the
following:
``(I) Opportunity youth.--The term `opportunity
youth' has the meaning''; and
(B) in paragraph (3)(A), by striking ``out-of-
school'' and inserting ``opportunity''.
TITLE IV--DEPARTMENT OF LABOR TECHNICAL ASSISTANCE
SEC. 401. TECHNICAL ASSISTANCE FOR TRANSFORMING TO COMPETITIVE
INTEGRATED EMPLOYMENT.
(a) In General.--From the amounts appropriated under subsection
(c), the Secretary (acting through the Office of Disability Employment
Policy in partnership with the Employment and Training Administration),
in partnership with the Administration for Community Living of the
Department of Health and Human Services and the Office of Special
Education and Rehabilitative Services of the Department of Education,
shall establish a Center for Technical Assistance for Transforming to
Competitive Integrated Employment to--
(1) provide technical assistance to employers who are
transitioning from employing individuals with disabilities
using special certificates on such transition, which shall
include technical assistance on providing services that result
in competitive integrated employment;
(2) provide technical assistance to State agencies seeking
to support such employers described in paragraph (1) on such
transition described in paragraph (1) on coordination and
alignment of services and funding in support of such
transition, including technical assistance on how such services
and funding can result in competitive integrated employment;
(3) in providing the technical assistance describing in
paragraphs (1) and (2), coordinate such technical assistance
with education materials and opportunities made available
through existing technical assistance provided by--
(A) the Office of Disability Employment Policy;
(B) the Employment and Training Administration;
(C) the Administration for Community Living of the
Department of Health and Human Services; and
(D) the Office of Special Education and
Rehabilitative Services of the Department of Education;
and
(4) in providing the technical assistance described in
paragraphs (1) and (2), make use of technical assistance that
is in existence on the date of enactment of this Act, including
the CIE Transformation Hub, the Advancing State Policy
Integration for Recovery and Employment Initiative, and the
National Expansion of Employment Opportunities Network.
(b) Definitions.--In this section:
(1) Competitive integrated employment.--The term
``competitive integrated employment'' has the meaning given the
term in section 7(5) of the Rehabilitation Act of 1973 (29
U.S.C. 705(5)).
(2) Disability.--The term ``disability'' includes any
intellectual, developmental, mental health, or other
disability.
(3) Individuals with disabilities.--The term ``individuals
with disabilities'' means individuals described in section
14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)(1)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) Special certificate.--The term ``special certificate''
means a special certificate issued under section 14(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)).
(6) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
the territory of Guam.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2025 through 2030.
TITLE V--GENERAL PROVISIONS
SEC. 501. REPORT ON DATA CAPABILITY AND INTEROPERABILITY OF FEDERAL AND
STATE DATABASES AND DATA EXCHANGE AGREEMENTS.
The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.) is amended by striking section 505 and inserting the following:
``SEC. 505. REPORT ON DATA CAPABILITY AND INTEROPERABILITY OF FEDERAL
AND STATE DATABASES AND DATA EXCHANGE AGREEMENTS.
``(a) In General.--The Comptroller General of the United States
shall prepare and submit an interim report and a final report to
Congress regarding existing Federal and State databases and data
exchange agreements, as of the date of the report, and the
interoperability of data in such databases and agreements, that contain
job training information relevant to the administration of programs
authorized under this Act (as amended by the A Stronger Workforce for
America Act) and the amendments made by this Act (as so amended).
``(b) Requirements.--The report required under subsection (a)
shall--
``(1) list existing Federal and State databases and data
exchange agreements described in subsection (a) and, for each,
describe--
``(A) the purposes of the database or agreement;
``(B) the data elements, such as wage and
employment outcomes, contained in the database or
accessible under the agreement;
``(C) the data elements described in subparagraph
(B) that are shared between States;
``(D) the Federal and State workforce training
programs from which each Federal and State database
derives the data elements described in subparagraph
(B);
``(E) the number and type of common data elements
across such databases and data exchange agreements;
``(F) the number and type of Federal and State
agencies having access to such data;
``(G) the number and type of private research
organizations having access to, through grants,
contracts, or other agreements, such data;
``(H) whether the database or data exchange
agreement provides for opt-out procedures for
individuals whose data is shared through the database
or data exchange agreement; and
``(I) the volume of data being shared and applied
to improve performance accountability and effectiveness
of programs under this Act;
``(2) study the effects that access by State workforce
agencies and the Secretary of Labor to the databases and data
exchange agreements described in subsection (a) would have on
efforts to carry out this Act and the amendments made by this
Act, and on individual privacy;
``(3) explore opportunities to enhance--
``(A) the quality, reliability, timeliness, and
reporting frequency of the data included in such
databases and data exchange agreements; and
``(B) the commonality and interoperability of data
elements included in such databases and data exchange
agreements;
``(4) describe, for each database or data exchange
agreement considered by the study described in subsection (a),
the number of individuals whose data is contained in each
database or accessible through the data agreement, and the
specific data elements contained in each that could be used to
personally identify an individual;
``(5) include the number of data breaches having occurred
since 2014 to data systems administered by Federal and State
agencies;
``(6) include the number of data breaches regarding any
type of personal data having occurred since 2014 to private
research organizations with whom Federal and State agencies
contract for studies;
``(7) include a survey of the security protocols used for
protecting personal data, including best practices shared
amongst States for access to, and administration of, data
elements stored and recommendations for improving security
protocols for the safe warehousing of data elements;
``(8) include an evaluation of the State wage interchange
system developed by the Department of Labor and report on the
effectiveness of the system in facilitating data exchange
between State agencies for the purpose of assessing and
reporting on State and local performance for the programs
authorized under this Act;
``(9) include an assessment of the feasibility, costs, and
potential impacts of establishing federally-designated,
transparent, interoperable, and nonproprietary data exchange
standards using human readable and machine actionable data
formats for necessary categories of information that a State
agency operating a program under this Act may receive through
each database or data exchange agreement described in
subsection (a);
``(10) include a survey of--
``(A) customer service and outcome management
systems utilized by States for programs under each
title of this Act;
``(B) the level of interoperability (if any) of
such systems;
``(C) whether any State has successfully connected
such a system serving a program under a title of this
Act with such a system serving a program under another
title of this Act; and
``(D) the benefits achieved through any such
connection; and
``(11) describe the most significant developments and
advancements pertaining to Federal and State databases and data
exchange agreements described in subsection (a) since the final
report was submitted by the Comptroller General to Congress
under this section, as in effect on the day before the date of
enactment of the A Stronger Workforce for America Act.
``(c) Timing of Reports.--
``(1) Interim report.--Not later than 18 months after the
date of enactment of the A Stronger Workforce for America Act,
the Comptroller General shall prepare and submit to Congress an
interim report regarding the initial findings of the report
required under this section.
``(2) Final report.--Not later than 2 years after the date
of enactment of the A Stronger Workforce for America Act, the
Comptroller General shall prepare and submit to Congress the
final report required under this section.''.
SEC. 502. EFFECTIVE DATES; TRANSITION AUTHORITY.
(a) Effective Dates.--
(1) In general.--This division, and the amendments made by
this division, shall take effect on the first day of the first
full program year after the date of enactment of this Act,
except as otherwise provided in this division.
(2) Performance accountability system.--The amendments made
to section 116 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3141) by this division shall take effect on the
first day of the second full program year after the date of
enactment of this Act, except that--
(A) the amendments to clauses (iii) through (v) of
subsection (b)(3)(A) of that section 116 shall take
effect on January 1, 2026; and
(B) the amendment to paragraph (1) of subsection
(d) of that section 116, the amendments to subsections
(i) and (j) of that section 116 that are made by
section 119(g) of this division, and the amendment to
subsection (k) of that section 116, shall take effect
on the day that is 1 year after the date of enactment
of this Act.
(3) One-stop delivery system.--The amendments made to
section 121 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3151) by this division shall take effect on the first
day of the second full program year after the date of enactment
of this Act.
(4) Youth workforce investment activities.--The amendments
made to section 129 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3164) by this division shall take effect on the
first day of the second full program year after the date of
enactment of this Act.
(5) Adult and dislocated worker activities.--The amendments
made to section 134 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3174) by this division shall take effect on the
first day of the second full program year after the date of
enactment of this Act.
(6) Job corps management information requirements.--The
amendments made to section 159 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3209) by this division shall take
effect on the first day of the second full program year after
the date of enactment of this Act.
(b) Transition Authority.--
(1) In general.--Pursuant to section 503(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3343(a)),
the Secretary of Labor and the Secretary of Education shall,
effective on the date of enactment of this Act, have the
authority to take such steps as are necessary to provide for
the orderly implementation of the amendments to the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) by this
division, including addressing cross references to provisions
specified in subparagraphs (A) and (B) of subsection (a)(2).
(2) Termination.--The authority described in paragraph (1)
shall terminate on the first day of the second full program
year after the date of enactment of this Act.
(c) Transition Period for Implementation.--
(1) Eligible providers of training services.--Each Governor
and local board shall implement the requirements of section 122
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3152), as amended by this division, not later than the first
day of the second full program year after the date of enactment
of this Act. In order to facilitate early implementation of
that section 122, the Governor may establish transition
procedures under which eligible providers of training services
under chapter 1 of subtitle B of title I of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3151 et seq.), as
such chapter was in effect on the day before the date of
enactment of this Act, may continue to be eligible to provide
such services until December 31, 2026, or until such earlier
date as the Governor determines to be appropriate.
(2) State plans and local plans.--
(A) Modification of plans.--Not later than the
first day of the second full program year after the
date of enactment of this Act--
(i) each Governor of a State shall submit
to the Secretary of Labor any modifications to
the State plan in effect for such State that
are necessary for the State plan to comply with
the amendments made by this division to section
102 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3112); and
(ii) each local board shall submit to the
Governor of a State any modifications to the
local plan in effect for the local area served
by the local board that are necessary for the
local plan to comply with the amendments made
by this division to section 108 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3123).
(B) New plans.--Not later than the first day of the
fourth full program year after the date of enactment of
this Act--
(i) each Governor of a State shall submit
to the Secretary of Labor a new State plan for
such State that complies with the requirements
of section 102 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3112), as amended by
this division; and
(ii) each local board shall submit to the
Governor of a State a new local plan for the
local area served by the local board that
complies with the requirements of section 108
of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3123), as amended by this division.
(3) Definitions.--In this subsection, the terms ``local
board'', ``local plan'', ``State'', ``State plan'', and
``training services'' have the meanings given the terms in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
(d) Conforming Amendments.--
(1) Repeal.--Subsections (a) through (e) of section 503 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3343)
are repealed.
(2) Regulations.--Section 503 of such Act is amended--
(A) by redesignating subsections (f) and (g) as
subsections (a) and (b), respectively;
(B) by amending subsection (a) to read as follows:
``(a) Regulations.--
``(1) Proposed regulations.--Not later than 180 days after
the date of enactment of the A Stronger Workforce for America
Act, the Secretary of Labor, and the Secretary of Education, as
appropriate, shall develop and publish in the Federal Register
proposed regulations relating to the transition to, and
implementation of, the A Stronger Workforce for America Act,
including the amendments to this Act made by the A Stronger
Workforce for America Act.
``(2) Final regulations.--Not later than 12 months after
the date of enactment of the A Stronger Workforce for America
Act, the Secretaries described in paragraph (1), as
appropriate, shall develop and publish in the Federal Register
final regulations relating to the transition to, and
implementation of, the A Stronger Workforce for America Act,
including the amendments to this Act made by the A Stronger
Workforce for America Act.''; and
(C) in subsection (b), as so redesignated, by
striking ``subsection (f)'' and inserting ``subsection
(a)''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act.
DIVISION G--OLDER AMERICANS ACT REAUTHORIZATION ACT OF 2024
SEC. 1. SHORT TITLE.
This division may be cited as the ``Older Americans Act
Reauthorization Act of 2024''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Definitions.
TITLE I--STRENGTHENING THE AGING NETWORK TO MEET THE NEEDS OF OLDER
INDIVIDUALS
Sec. 101. Declaration of objectives.
Sec. 102. Addressing mental health and substance use disorders and
cognitive impairments of older individuals.
Sec. 103. List of national resource centers.
Sec. 104. Awareness of relevant Federal programs.
Sec. 105. Evaluations and surveys.
Sec. 106. Contracting.
Sec. 107. Guidance on reallocation of funding between area agencies on
aging.
Sec. 108. Right to first refusal.
Sec. 109. Area agency on aging capabilities.
Sec. 110. Supporting older individuals with disabilities through
improved coordination.
Sec. 111. Business acumen, fiscal training, and technical assistance.
Sec. 112. Enhancing access to assistive technology.
Sec. 113. White House Conference on Aging.
Sec. 114. Technical amendments.
TITLE II--IMPROVING HEALTH OUTCOMES AND ENCOURAGING INDEPENDENCE FOR
OLDER INDIVIDUALS
Sec. 201. Disease prevention and health promotion services.
Sec. 202. Improving health outcomes.
Sec. 203. Technical assistance on evidence-based programs.
Sec. 204. Enhancing multipurpose senior centers.
Sec. 205. Addressing home modifications.
Sec. 206. National resource center for engaging older adults.
Sec. 207. Multigenerational and civic engagement activities.
Sec. 208. Report relating to health outcomes for older individuals
living with or near family members.
Sec. 209. Improving broadband coordination and reducing social
isolation.
TITLE III--ENHANCING INNOVATION AND FLEXIBILITY IN NUTRITION SERVICES
Sec. 301. Medically tailored meals.
Sec. 302. Grab-and-go meals.
Sec. 303. GAO study on Nutrition Services Incentive Program.
Sec. 304. Innovations in nutrition programs and services.
TITLE IV--SUPPORTING FAMILY CAREGIVERS
Sec. 401. Improving the National Family Caregiver Support Program.
Sec. 402. Emphasizing respite care.
Sec. 403. Clarifying supportive services.
Sec. 404. Direct care workforce resource center.
Sec. 405. Supporting Grandparents Raising Grandchildren Act.
Sec. 406. RAISE Family Caregivers Act.
TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT
Sec. 501. Improving the Community Service Employment Program.
Sec. 502. GAO report on alignment within the Community Service
Employment Program.
TITLE VI--IMPROVING SERVICES FOR NATIVE ELDERS
Sec. 601. Older Americans Tribal Advisory Committee.
Sec. 602. Supportive services; set aside.
Sec. 603. GAO report on Tribal services.
Sec. 604. Technical amendments.
TITLE VII--STRENGTHENING THE LONG-TERM CARE OMBUDSMAN PROGRAMS AND
ELDER ABUSE PREVENTION
Sec. 701. Director of the Office of Long-Term Care Ombudsman Programs.
Sec. 702. Legal assistance training resources relating to elder abuse
prevention.
Sec. 703. Improving training of volunteers under the State Long-Term
Care Ombudsman Program.
Sec. 704. Reporting on State Long-Term Care Ombudsman Programs.
Sec. 705. Study on State Long-Term Care Ombudsman Programs.
TITLE VIII--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 801. Administration on Aging.
Sec. 802. Grants for State and community programs on aging.
Sec. 803. Activities for health, independence, and longevity.
Sec. 804. Community Service Senior Opportunities Act.
Sec. 805. Grants for Native Americans.
Sec. 806. Allotments for elder rights protection activities.
SEC. 3. REFERENCES.
Except as otherwise expressly provided in this division, wherever
in this division an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision, the
reference shall be considered to be made to that section or other
provision of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).
SEC. 4. DEFINITIONS.
In this division, the terms ``area agency on aging'', ``Assistant
Secretary'', ``older individual'', and ``Secretary'' have the meanings
given such terms in section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002).
TITLE I--STRENGTHENING THE AGING NETWORK TO MEET THE NEEDS OF OLDER
INDIVIDUALS
SEC. 101. DECLARATION OF OBJECTIVES.
Section 101 (42 U.S.C. 3001) is amended--
(1) in the matter preceding paragraph (1), by striking ``of
the following objectives:'' and inserting ``of the objectives
of--'';
(2) in each of paragraphs (1) through (10), by amending the
first word so that it begins with a lowercase letter;
(3) in each of paragraphs (1) through (8), by striking the
period at the end and inserting a semicolon;
(4) in each of paragraphs (9) and (10), by striking the
period at the end and inserting ``; and'';
(5) in paragraph (2), by inserting ``to improve health
outcomes and reduce health care expenditures'' after ``economic
status'';
(6) by redesignating paragraphs (1) through (10) as
subparagraphs (A) through (J), respectively, and adjusting the
margins accordingly;
(7) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``our democratic society, the older
people'' and inserting the following: ``our democratic
society--
``(1) the older people''; and
(8) by adding at the end the following:
``(2) the families of older individuals and community-based
organizations, including faith-based organizations, also play a
vital role in supporting and honoring older individuals and
their happiness, dignity, and independence.''.
SEC. 102. ADDRESSING MENTAL HEALTH AND SUBSTANCE USE DISORDERS AND
COGNITIVE IMPAIRMENTS OF OLDER INDIVIDUALS.
Section 201(f) (42 U.S.C. 3011(f)) is amended to read as follows:
``(f)(1) The Assistant Secretary may designate an officer or
employee who shall be responsible for the administration of services
for mental health and substance use disorders and cognitive impairments
authorized under this Act and serve as an effective and visible
advocate for the related needs of older individuals within the
Department of Health and Human Services, including by ensuring that
relevant information disseminated and research conducted or supported
by the Department takes into consideration such services.
``(2) It shall be the duty of the Assistant Secretary, acting
through the individual designated under paragraph (1), and in
consultation with the heads of relevant agencies within the Department
of Health and Human Services, including the Substance Abuse and Mental
Health Services Administration, to develop objectives, priorities, and
a long-term plan for supporting State and local efforts under this Act
involving education about, and prevention, detection, and treatment of,
mental health and substance use disorders and cognitive impairments,
including age-related dementia, depression, and Alzheimer's disease and
related neurological disorders with neurological and organic brain
dysfunction.
``(3) Not later than 2 years after the date of enactment of the
Older Americans Act Reauthorization Act of 2024, the Assistant
Secretary shall report to the Committee on Health, Education, Labor,
and Pensions of the Senate, the Special Committee on Aging of the
Senate, and the Committee on Education and the Workforce of the House
of Representatives on the activities of the officer or employee
designated under paragraph (1) in carrying out the requirements under
this subsection, including any activities to identify and reduce
duplication and gaps across the Department in such information
disseminated and research conducted or supported by the Department.''.
SEC. 103. LIST OF NATIONAL RESOURCE CENTERS.
Section 202 (42 U.S.C. 3012) is amended--
(1) in subsection (d)(4), by striking ``Resource Center on
Elder Abuse'' and inserting ``Center''; and
(2) by striking subsection (h) and inserting the following:
``(h)(1) The Assistant Secretary shall publish online in a publicly
accessible format, on an annual basis, a list of national resource
centers and demonstration projects authorized under, or
administratively established through funds provided under, this Act.
``(2) The Assistant Secretary shall ensure that the list published
pursuant to paragraph (1)--
``(A) includes--
``(i) a description of each such center and demonstration
project, including the projected goals and activities of each
such center and demonstration project;
``(ii) a citation to the statutory authorization of each
such center and demonstration project, or a citation to the
statutory authority that the Assistant Secretary relies upon to
administratively establish each such center and demonstration
project;
``(iii) the award amount for each such center and
demonstration project; and
``(iv) a summary of any evaluations required under this Act
for each such center, including a description of any measures
of effectiveness; and
``(B) is directly provided to State agencies, area agencies on
aging, and the Committee on Health, Education, Labor, and Pensions and
the Special Committee on Aging of the Senate and the Committee on
Education and the Workforce of the House of Representatives.''.
SEC. 104. AWARENESS OF RELEVANT FEDERAL PROGRAMS.
Title II (42 U.S.C. 3011 et seq.) is amended by inserting after
section 203A (42 U.S.C. 3013a) the following:
``SEC. 203B. AWARENESS OF RELEVANT FEDERAL PROGRAMS.
``In carrying out section 203(a)(1), the Assistant Secretary shall
coordinate with the heads of relevant Federal departments and agencies
to ensure that the aging network and individuals served under this Act
are aware of, and, subject to applicable eligibility criteria, have
access to, Federal programs that may advance the objectives of this
Act, including programs described in section 203(b) and other programs
to meet housing, health care, and other supportive service needs to
help such individuals age in place.''.
SEC. 105. EVALUATIONS AND SURVEYS.
Section 206 (42 U.S.C. 3017) is amended--
(1) by striking subsection (d) and inserting the following:
``(d)(1) In carrying out evaluations under this section, the
Secretary shall--
``(A) award grants to, or enter into contracts with, public or
nonprofit private organizations or academic or research institutions to
survey State agencies, area agencies on aging, and other program and
project participants about the strengths and weaknesses of the programs
and projects; and
``(B) conduct, where appropriate, evaluations that compare the
effectiveness of related programs in achieving common objectives.
``(2) The surveys and evaluations under paragraph (1) shall include
information on programs, services, use and sources of funding
(including any transfer of funding between area agencies on aging),
identified unmet need for services and related indicators, and any
other challenges faced by State agencies and area agencies on aging in
carrying out the activities of this Act.
``(3) The Secretary shall, in carrying out the evaluations under
paragraph (1), consult with organizations concerned with older
individuals, including organizations that represent minority
individuals, older individuals residing in rural areas, and older
individuals with disabilities.''; and
(2) in subsection (g), by striking ``him'' and inserting
``the Secretary''.
SEC. 106. CONTRACTING.
(a) In General.--Section 212 (42 U.S.C. 3020c) is amended--
(1) in the section heading, by striking ``and grant
authority'';
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Subject to subsection (b), this Act shall not be
construed to prevent a recipient of a grant or a contract under this
Act (other than title V) from entering into a contract, commercial
relationship, or other business arrangement (referred to in this
section as an `agreement') with a profitmaking organization for the
recipient to provide services to individuals or entities not otherwise
receiving services under this Act, provided that--
``(1) in the case funds provided under this Act are used in
developing or carrying out the agreement--
``(A) such agreement guarantees that the cost is
reimbursed to the recipient;
``(B) if such agreement provides for the provision
of 1 or more services, of the type provided under this
Act by or on behalf of such recipient, to an individual
or entity seeking to receive such services--
``(i) the individuals and entities may only
purchase such services at their fair market
rate;
``(ii) all costs incurred by the recipient
in providing such services (and not otherwise
reimbursed under subparagraph (A)), are
reimbursed to such recipient; and
``(iii) except in the case of an agreement
with a health plan or health care provider, the
recipient reports the rates for providing such
services under such agreement in accordance
with subsection (c) and the rates are
consistent with the prevailing market rate for
provision of such services in the relevant
geographic area as determined by the State
agency or area agency on aging (as applicable);
and
``(C) any amount of payment to the recipient under
the agreement that exceeds reimbursement under this
subsection of the recipient's costs is used to provide,
or support the provision of, services under this Act;
and
``(2) subject to subsection (e), in the case no funds
provided under this Act are used in developing or carrying out
the agreement--
``(A) not later than 45 days after the agreement
first goes into effect, and annually thereafter until
the termination of such agreement, the recipient of a
grant or contract under this Act shall, in writing--
``(i) notify the State agency of--
``(I) the existence of the
agreement; and
``(II) the services provided and
populations served under the agreement;
and
``(ii) provide assurances to the State
agency that--
``(I) nothing in the agreement--
``(aa) undermines--
``(AA) the duties
of the recipient under
this Act; or
``(BB) the
provision of services
in accordance with this
Act; or
``(bb) violates any other
terms and conditions of an
award received by the recipient
under this Act; and
``(II) any potential real or
perceived conflict of interest with
respect to the agreement has been
prevented, mitigated, or otherwise
addressed, including providing a
description of any such conflicts of
interest and a description of the
actions taken to mitigate such
conflicts of interest; and
``(B) not later than 45 days after the population
or services under the agreement substantially change
due to an amendment to the agreement, the recipient
shall, in writing--
``(i) notify the State agency of such
change; and
``(ii) provide the assurances described in
subparagraph (A)(ii) with respect to such
change.'';
(3) by striking subsection (b) and inserting the following:
``(b) Ensuring Appropriate Use of Funds.--An agreement--
``(1) described in subsection (a)(1) may not--
``(A) be made without the prior approval of the
State agency (or, in the case of a grantee under title
VI, without the prior recommendation of the Director of
the Office for American Indian, Alaska Native, and
Native Hawaiian Programs and the prior approval of the
Assistant Secretary), after timely submission of all
relevant documents related to the agreement including
information on all costs incurred; or
``(B) directly or indirectly provide for, or have
the effect of, paying, reimbursing, subsidizing, or
otherwise compensating an individual or entity in an
amount that exceeds the fair market value of the
services subject to such agreement; and
``(2) described in subsection (a) may not--
``(A) result in the displacement of services
otherwise available to an older individual with
greatest social need, an older individual with greatest
economic need, or an older individual who is at risk
for institutional placement; or
``(B) in any other way compromise, undermine, or be
inconsistent with the objective of serving the needs of
older individuals, as determined by the Assistant
Secretary.'';
(4) by striking subsection (c) and inserting the following:
``(c) Monitoring and Reporting.--To ensure that any agreement
described in subsection (a)(1) complies with the requirements of this
section and other applicable provisions of this Act, the Assistant
Secretary shall develop and implement uniform monitoring procedures and
reporting requirements consistent with the provisions of subparagraphs
(A) through (E) of section 306(a)(13) in consultation with the State
agencies and area agencies on aging. The Assistant Secretary shall
conduct a review on the impact of such agreements on the provision of
services under this Act, including the number of agreements per State,
summaries of such agreements, and the impact of such agreements on
access to services consistent with the goals of this Act. The Assistant
Secretary shall annually prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate, the Special Committee on
Aging of the Senate, and the Committee on Education and the Workforce
of the House of Representatives the findings of such review.''; and
(5) by striking subsection (e) and inserting the following:
``(e) Requesting Additional Information for Certain Non-OAA
Agreements.--
``(1) In general.--In the case of an agreement described in
subsection (a)(2), if the State agency has a reasonable belief
that an agreement may violate the assurances provided under
subsection (a)(2)(A)(ii), the State agency may request
additional information from the recipient of funds under this
Act that is a party to such agreement, which may include a
request for a copy of such agreement. Such recipient shall make
a good faith effort to address such request for additional
information, except that such recipient shall not provide
agreements or other data that are restricted under the terms of
a non-disclosure agreement signed by such recipient. If such
recipient declines to provide a copy of an agreement to a State
agency, such recipient shall provide a justification to the
State agency within 30 days of receiving such request.
``(2) Confidentiality.--A State agency shall keep
confidential, as required by applicable Federal and State law,
all information received under this subsection that is--
``(A) a trade secret;
``(B) commercial or financial information; and
``(C) information obtained from an individual that
is privileged and confidential.
``(f) Definitions.--In this section:
``(1) Cost.--The term `cost' means an expense, including an
administrative expense, incurred by a recipient in developing
or carrying out an agreement described in subsection (a),
whether the recipient contributed funds, staff time, or other
plant, equipment, or services to meet the expense.
``(2) Recipient.--The term `recipient' means an area agency
on aging in a State with multiple planning and service
areas.''.
(b) Area Plans.--Section 306 (42 U.S.C. 3026) is amended--
(1) in subsection (a)(13)--
(A) in subparagraph (B)(i), by striking ``any
service to older individuals'' and inserting ``any
service under this Act to older individuals or
caregivers''; and
(B) in subparagraph (E), by inserting ``or
caregivers under this Act'' after ``older
individuals''; and
(2) in subsection (g), by inserting ``, except as provided
under section 212(a)(2),'' after ``Nothing in this Act''.
SEC. 107. GUIDANCE ON REALLOCATION OF FUNDING BETWEEN AREA AGENCIES ON
AGING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Assistant Secretary shall disseminate one-time
guidance to State agencies (as defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002)) and area agencies on aging on
circumstances under which funds appropriated pursuant to part B and
subparts 1 and 2 of part C of title III of the Older Americans Act (42
U.S.C. 3030d et seq., 42 U.S.C. 3030e et seq., 42 U.S.C. 3030f et seq.)
may be appropriate to reallocate between area agencies on aging within
a single State, with the approval of the State agency and the
concurrence of any involved area agencies on aging, within a budget
year.
(b) Considerations.--In disseminating the guidance under subsection
(a), the Assistant Secretary may consider circumstances that affect the
expenditure of the funds described in such subsection.
SEC. 108. RIGHT TO FIRST REFUSAL.
Section 305(b)(5)(B) (42 U.S.C. 3025(b)(5)(B)) is amended to read
as follows:
``(B) Whenever a State agency designates a new area agency on aging
after the date of enactment of the Older Americans Act Reauthorization
Act of 2024, the State agency shall give the right to first refusal to
a unit of general purpose local government if--
``(i) such unit can meet the requirements of subsection
(c);
``(ii)(I) such unit has demonstrated experience
administering services for older individuals; or
``(II) the State agency determines that there is not another entity
eligible under subsection (c)(1) within the planning and service area
with such demonstrated experience; and
``(iii) the boundaries of such unit and the boundaries of
the planning and service area are reasonably contiguous.''.
SEC. 109. AREA AGENCY ON AGING CAPABILITIES.
(a) Organization.--Section 305(c) (42 U.S.C. 3025(c)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and moving such
subparagraphs 2 ems to the right;
(2) by striking ``shall be'' and inserting the following:
``shall--
``(1) be--'';
(3) in subparagraph (E), as so redesignated--
(A) by striking ``(b)(5)'' and inserting
``(b)(5)(A)''; and
(B) by inserting ``and'' after the semicolon; and
(4) by striking ``and shall provide assurance, determined
adequate by the State agency, that the area agency on aging
will have the ability to develop an area plan and to carry out,
directly or through contractual or other arrangements, a
program in accordance with the plan within the planning and
service area.'' and inserting the following:
``(2) provide assurance, determined adequate by the State
agency, that the area agency on aging will have the ability,
and maintain the capabilities necessary, to develop an area
plan as required under section 306(a), and carry out, directly
or through contractual or other arrangements, and oversee
activities in accordance with--
``(A) the plan within the planning and service
area;
``(B) any other relevant requirements of this Act;
``(C) other applicable Federal and State laws; and
``(D) other terms and conditions of awards received
under this Act.''.
(b) Plans.--Section 306(f)(1) (42 U.S.C. 3026(f)(1)) is amended--
(1) by inserting ``the assurances required under section
305(c)(2),'' after ``of this section,''; and
(2) by striking the period at the end and inserting ``, and
if the State agency determines, in the discretion of the State
agency, that an area agency on aging failed in 2 successive
years to comply with the requirements under this title, then
the State agency may require the area agency on aging to submit
a plan for a 1-year period that meets such requirements, for
subsequent years until the State agency determines that the
area agency on aging is in compliance with such
requirements.''.
SEC. 110. SUPPORTING OLDER INDIVIDUALS WITH DISABILITIES THROUGH
IMPROVED COORDINATION.
(a) Area Plans.--Section 306(a)(5) (42 U.S.C. 3026(a)(5)) is
amended by striking ``with agencies that develop or provide services
for individuals with disabilities'' and inserting ``with entities that
develop or provide services for individuals with disabilities, which
may include centers for independent living, relevant service providers,
and other community-based organizations, as appropriate''.
(b) Supporting Older Individuals With Disabilities Through Improved
Coordination.--
(1) In general.--The Administrator of the Administration
for Community Living of the Department of Health and Human
Services (referred to in this section as the ``Administrator'')
shall identify--
(A) opportunities to improve coordination between
the aging and disability networks, which may include
the formation of partnerships to serve individuals
eligible for programs under the Older Americans Act of
1965 (42 U.S.C. 3001 et seq.);
(B) lessons learned from disability networks,
including centers for independent living, State
developmental disabilities councils, university centers
for excellence in developmental disabilities education,
research, and service, and State protection and
advocacy agencies that could improve operations and
service delivery within the aging network; and
(C) any technical assistance needs related to
subparagraphs (A) and (B).
(2) Guidance.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall issue guidance
to State agencies and area agencies on aging on strategies to
leverage disability networks, including centers for independent
living, State developmental disabilities councils, university
centers for excellence in developmental disabilities,
education, research, and service, and State protection and
advocacy agencies, as appropriate, to strengthen the provision
of services under the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.).
(3) Technical assistance.--The Administrator shall
coordinate across the Administration for Community Living to
address any technical assistance needs identified under
paragraph (1)(C) in a manner that does not unnecessarily
duplicate other technical assistance activities carried out
prior to the date of enactment of this Act.
(c) Definitions.--Section 102 (42 U.S.C. 3002) is amended--
(1) in paragraph (4), by striking ``(as defined in section
3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102))'';
(2) in paragraph (13), by striking ``The term'' and all
that follows through ``adjustment.'' and inserting ``The term
`disability' has the meaning given such term in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12102).''; and
(3) in paragraph (49)(B), by striking ``of the major life
activities specified in subparagraphs (A) through (G) of
paragraph (8)'' and inserting ``major life activities specified
in section 3(2) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102(2)).''.
SEC. 111. BUSINESS ACUMEN, FISCAL TRAINING, AND TECHNICAL ASSISTANCE.
Section 307(a) (42 U.S.C. 3027(a)) is amended by adding at the end
the following:
``(31) The plan shall provide assurances that the State
agency, to the extent feasible and when applicable and
appropriate, provides technical assistance for area agencies on
aging related to the development of business acumen, sound
fiscal practices, capacity building, organizational
development, innovation, and other methods of growing and
sustaining the capacity of the aging network to carry out
activities funded under this Act to serve older individuals and
caregivers most effectively.''.
SEC. 112. ENHANCING ACCESS TO ASSISTIVE TECHNOLOGY.
Section 307(a) (42 U.S.C. 3027(a)), as amended by section 111 of
this division, is further amended by adding at the end the following:
``(32) The plan shall provide assurances that the State
will coordinate services, to the extent feasible, with lead
agencies designated to carry out State assistive technology
programs under the Assistive Technology Act of 1998 (29 U.S.C.
3001 et seq.) and with area agencies on aging to assist
eligible older individuals, including older individuals with
disabilities, in accessing and acquiring assistive
technology.''.
SEC. 113. WHITE HOUSE CONFERENCE ON AGING.
Title II of the Older Americans Act Amendments of 1987 (42 U.S.C.
3001 note; Public Law 100-175) is amended by striking title II and
inserting the following:
``TITLE II--WHITE HOUSE CONFERENCE ON AGING
``SEC. 201. AUTHORIZATION OF THE CONFERENCE.
``(a) Authority To Call Conference.--Not earlier than January 21,
2025 and not later than December 31, 2025, the President shall convene
the White House Conference on Aging in order to fulfill the purpose set
forth in subsection (c) and to make fundamental policy recommendations
regarding programs that are important to older individuals and to the
families and communities of such individuals.
``(b) Planning and Direction.--The Conference described in
subsection (a) shall be planned and conducted under the direction of
the Secretary, in cooperation with the Assistant Secretary for Aging,
the Director of the National Institute on Aging, the Administrator of
the Centers for Medicare and Medicaid Services, the Social Security
Administrator, and the heads of such other Federal agencies serving
older individuals as are appropriate. Planning and conducting the
Conference includes the assignment of personnel.
``(c) Purpose.--The purpose of the Conference described in
subsection (a) shall be to gather individuals representing the spectrum
of thought and experience in the field of aging to--
``(1) evaluate the manner in which the objectives of the
Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) can be met
by using the resources and talents of older individuals, of
families and communities of such individuals, and of
individuals from the public and private sectors;
``(2) evaluate the manner in which Federal policies,
programs, and activities meet and respond to the needs of older
individuals, including an examination of innovative and
fiscally responsible strategies relating to retirement
security, caregiving, nutrition and supportive services, health
care, elder justice, and long-term services and supports;
``(3) be informed by the work and recommendations of the
Interagency Coordinating Committee on Healthy Aging and Age-
Friendly Communities, evaluate the recommendations of the
Committee, and, as appropriate, suggest implementation
strategies for such recommendations; and
``(4) develop recommendations to guide the President,
Congress, and Federal agencies in improving Federal programs
that serve older individuals, which may relate to the
prevention and mitigation of disease, injury, abuse, social
isolation, loneliness, and economic insecurity, including food
insecurity, and promotion of healthy aging in place.
``(d) Conference Participants and Delegates.--
``(1) Participants.--In order to carry out the purposes of
this section, the Conference shall bring together--
``(A) representatives of Federal, State, Tribal,
and local governments;
``(B) professionals and volunteers who are working
in the field of aging; and
``(C) representatives of the general public,
particularly older individuals.
``(2) Selection of delegates.--The delegates shall be
selected without regard to political affiliation or past
partisan activity and shall, to the best of the appointing
authority's ability, be representative of the spectrum of
thought in the field of aging. Delegates shall include older
individuals, individuals who are professionals in the field of
aging, individuals who are community leaders, minority
individuals, individuals from rural areas, low-income
individuals, and representatives of Federal, State, Tribal, and
local governments.
``SEC. 202. CONFERENCE ADMINISTRATION.
``(a) Administration.--In administering this section, the Secretary
shall--
``(1) consult with relevant State, Tribal, and local
officials, stakeholders, and subject matter experts in planning
the Conference;
``(2) request the cooperation and assistance of the heads
of such other Federal departments and agencies, including such
officials of the Interagency Coordinating Committee on Healthy
Aging and Age-Friendly Communities, as may be appropriate in
the carrying out of this section;
``(3) make available for public comment a proposed agenda
for the Conference, which will reflect to the greatest extent
possible the major issues facing older individuals, consistent
with the provisions of section 201(c);
``(4) prepare and make available such background materials
for the use of delegates to the Conference as the Secretary
deems necessary; and
``(5) engage such additional personnel as may be necessary
to carry out the provisions of this section without regard to
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates.
``(b) Duties.--The Secretary shall, in carrying out the Secretary's
responsibilities and functions under this section, and as part of the
White House Conference on Aging, ensure that--
``(1) the agenda prepared under subsection (a)(3) for the
Conference is published in the Federal Register not later than
30 days after such agenda is approved by the Secretary;
``(2) the personnel engaged under subsection (a)(5) shall
be fairly balanced in terms of points of views represented and
shall be appointed without regard to political affiliation or
previous partisan activities;
``(3) the recommendations of the Conference are not
inappropriately influenced by any appointing authority or by
any special interest, but will instead be the result of the
independent judgment of the Conference; and
``(4) current and adequate statistical data, including
decennial census data, and other information on the well-being
of older individuals in the United States, are readily
available, in advance of the Conference, to the delegates of
the Conference, together with such information as may be
necessary to evaluate Federal programs and policies relating to
aging. In carrying out this subparagraph, the Secretary is
authorized to make grants to, and enter into cooperative
agreements with, public agencies and nonprofit private
organizations.
``(c) Gifts.--The Secretary may accept, on behalf of the United
States, gifts (in cash or in kind, including voluntary and
uncompensated services) that shall be available to carry out this
title. Gifts of cash shall be available in addition to amounts
appropriated to carry out this title. Gifts may be earmarked by the
donor for a specific purpose.
``(d) Records.--The Secretary shall maintain records regarding--
``(1) the sources, amounts, and uses of gifts accepted
under subsection (c); and
``(2) the identity of each person receiving assistance to
carry out this title, and the amount of such assistance
received by each such person.
``SEC. 203. REPORT OF THE CONFERENCE.
``(a) Preliminary Report.--Not later than 100 days after the date
on which the Conference adjourns, the Secretary shall publish and
deliver to the States a preliminary report on the Conference. Comments
on the preliminary report of the Conference shall be accepted by the
Secretary.
``(b) Final Report.--Not later than 180 days after the date on
which the Conference adjourns, the Secretary shall publish and transmit
to the President and to Congress recommendations resulting from the
Conference and suggestions for any administrative action and
legislation necessary to implement the recommendations contained within
the report.
``SEC. 204. DEFINITIONS.
``In this title:
``(1) Conference.--The term `Conference' means the White
House Conference on Aging.
``(2) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(3) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands of the United
States, the Trust Territory of the Pacific Islands, or the
Commonwealth of the Northern Mariana Islands.''.
SEC. 114. TECHNICAL AMENDMENTS.
The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is
amended--
(1) in section 201(d)(3)(J) (42 U.S.C. 3011(d)(3)(J)), by
striking ``Speaker of the House of Representatives and the
President pro tempore of the Senate'' and inserting ``Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives'';
(2) in section 202(b)(8)(E) (42 U.S.C. 3012(b)(8)(E)), by
striking ``preventative health benefits under the provisions
of, and amendments made by, the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003'' and inserting
``preventive health benefits under such program'';
(3) in section 203(c)(7) (42 U.S.C. 3013(c)(7))--
(A) in the matter preceding subparagraph (A), by
striking ``the Committee on Education and Labor of the
House of Representatives'' and inserting ``the
Committee on Education and the Workforce of the House
of Representatives''; and
(B) in subparagraph (C), by striking ``chairman''
and inserting ``chairperson'';
(4) in section 339 (42 U.S.C. 3030g-21), by striking ``this
chapter'' each place it appears and inserting ``this part'';
and
(5) in section 432(b)(1) (42 U.S.C. 3033a(b)(1)), by
striking ``Speaker of the House of Representatives and the
President pro tempore of the Senate'' and inserting ``Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives''.
TITLE II--IMPROVING HEALTH OUTCOMES AND ENCOURAGING INDEPENDENCE FOR
OLDER INDIVIDUALS
SEC. 201. DISEASE PREVENTION AND HEALTH PROMOTION SERVICES.
Section 102(14) (42 U.S.C. 3002(14)) is amended--
(1) in subparagraph (B), by inserting ``heart rate,
respiratory function,'' after ``hearing,'';
(2) in subparagraph (K), by inserting ``providing'' before
``information'';
(3) by redesignating subparagraphs (L), (M), (N), and (O),
as subparagraphs (M), (N), (O), and (P), respectively;
(4) by inserting after subparagraph (K) the following:
``(L) providing information concerning testing,
diagnosis, and treatment of infectious diseases, taking
into consideration infectious diseases for which older
individuals are at increased risk of infection or
serious health outcomes;''; and
(5) in subparagraph (P), as so redesignated, by striking
``subparagraphs (A) through (N)'' and inserting ``subparagraphs
(A) through (O)''.
SEC. 202. IMPROVING HEALTH OUTCOMES.
(a) Research and Evaluation Activities.--Section 201 (42 U.S.C.
3011) is amended--
(1) in subsection (c)(3)(B), by striking ``in behalf'' and
inserting ``on behalf''; and
(2) in subsection (g)--
(A) in paragraph (3)(A)(ii), by inserting
``reduction of health care expenditures,'' after
``quality of life,''; and
(B) in paragraph (7), by inserting ``and
recommendations relating to further research,
evaluation, and demonstration projects conducted under
this section'' after ``title IV''.
(b) Falls Prevention Programs.--Section 411(a)(15) (42 U.S.C.
3032(a)(15)) is amended to read as follows:
``(15) bringing to scale and sustaining evidence-based
falls prevention programs to reduce the number of falls, fear
of falling, and fall-related injuries affecting older
individuals, including older individuals with disabilities,
which shall--
``(A) provide training and technical assistance to
the aging network; and
``(B) share best practices with the aging network,
including the Aging and Disability Resource Centers;''.
(c) Interagency Coordinating Committee on Healthy Aging and Age-
Friendly Communities.--Section 203(c) (42 U.S.C. 3013(c)) is amended--
(1) in paragraph (6)(B)--
(A) in clause (ii), by striking ``and'' after the
semicolon;
(B) in clause (iii), by inserting ``and'' after the
semicolon; and
(C) by adding at the end the following:
``(iv) strategies to address social isolation,
including by promoting strong and stable connections
across different generations in a family and in the
community;''; and
(2) in paragraph (7), as amended by section 114(3) of this
division--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following:
``(C) contains an assessment of the effectiveness
of relevant Federal efforts and programs, including
implementation of best practices described in paragraph
(6)(B); and''.
SEC. 203. TECHNICAL ASSISTANCE ON EVIDENCE-BASED PROGRAMS.
(a) Technical Assistance.--The Assistant Secretary, at the request
of a State agency (as defined in section 102 of the Older Americans Act
of 1965 (42 U.S.C. 3002)) or area agencies on aging, may provide
technical assistance on the requirements of evidence-based programs
under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).
(b) Consideration.--The Assistant Secretary may consider whether
there are evidence-informed practices, based on the best available
science, that may improve health outcomes.
SEC. 204. ENHANCING MULTIPURPOSE SENIOR CENTERS.
(a) In General.--Section 202(a)(30) (42 U.S.C. 3012(a)(30)) is
amended by inserting ``, access to services provided at multipurpose
senior centers, and (where appropriate) the establishment and
maintenance of multipurpose senior centers'' before the semicolon at
the end.
(b) Area Agency on Aging Plans.--Section 306(a)(2)(A) (42 U.S.C.
3026(a)(2)(A)) is amended by inserting ``, including those services
provided at multipurpose senior centers, where appropriate'' before the
semicolon at the end.
(c) State Plans.--Section 307(a)(2)(A) (42 U.S.C. 3027(a)(2)(A)) is
amended by inserting ``and, to the extent feasible, make such
evaluation public'' before the semicolon at the end.
SEC. 205. ADDRESSING HOME MODIFICATIONS.
(a) Indoor Air Quality.--Section 361(c) (42 U.S.C. 3030m(c)) is
amended by striking ``buildings'' and all that follows and inserting
``buildings and residences where older individuals congregate or
live''.
(b) Weatherization.--Section 321(a)(4) (42 U.S.C. 3030d(a)(4)) is
amended by striking subparagraph (A) and inserting ``(A) to assist
older individuals in obtaining and maintaining adequate housing,
including residential repair and renovation projects, and (if
assistance for weatherization projects does not unnecessarily duplicate
other Federal assistance available) weatherization projects, designed
to enable older individuals to maintain their homes in conformity with
minimum housing and (as applicable and appropriate) other relevant
standards, in order to support such older individuals in aging in place
and maintaining their health;''.
SEC. 206. NATIONAL RESOURCE CENTER FOR ENGAGING OLDER ADULTS.
Section 411(a)(18) (42 U.S.C. 3032(a)(18)) is amended by inserting
``, such as providing appropriate training, resources, and best
practices to the aging network'' after ``older individuals''.
SEC. 207. MULTIGENERATIONAL AND CIVIC ENGAGEMENT ACTIVITIES.
Section 417 (42 U.S.C. 3032f) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``projects,'' and all that follows through
``to--'' and inserting the following: ``projects to
serve individuals in younger generations and older
individuals by developing, carrying out, and promoting
participation in multigenerational activities to--'';
(B) in paragraph (2), by adding ``and'' at the end;
(C) in paragraph (3), by striking ``opportunities
for older individuals to become a mentor to individuals
in younger generations; and'' and inserting
``opportunities--
``(A) for older individuals to become mentors to
individuals in younger generations; and
``(B) at facilities that serve older individuals or
individuals in younger generations, at which
multigenerational activities might occur.''; and
(D) by striking paragraph (4);
(2) in subsection (c)(2), by striking ``(4)'' and inserting
``(3)'';
(3) in subsection (d)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively;
(4) in subsection (g)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``of enactment of the
Supporting Older Americans Act of 2020,'' and inserting
``on which the first grant is awarded under this
section following the date of enactment of the Older
Americans Act Reauthorization Act of 2024,''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``the Speaker of the
House of Representatives and the President pro tempore
of the Senate'' and inserting ``the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House of Representatives''; and
(5) in subsection (h)(1), by striking ``or a family support
program.'' and inserting ``or a family support program, or a
program at a multipurpose senior center, long-term care
facility, or any other residential facility for older
individuals.''.
SEC. 208. REPORT RELATING TO HEALTH OUTCOMES FOR OLDER INDIVIDUALS
LIVING WITH OR NEAR FAMILY MEMBERS.
(a) In General.--The Secretary shall prepare a report that
assesses--
(1) the health outcomes for older individuals who live
with, on the same property as, or otherwise in the community in
close geographic proximity, relative to the area, to family
members; and
(2) the degree to which programs under the Older Americans
Act of 1965 (42 U.S.C. 3001 et seq.) promote living in the
settings described in paragraph (1), as appropriate.
(b) Inclusion.--The report described under subsection (a) shall
include--
(1) an assessment of physical and mental health outcomes of
older individuals who live in the settings described in
subsection (a)(1) in comparison to physical and mental health
outcomes of older individuals who do not live in such settings;
(2) an assessment of the extent to which living in such
settings mitigates social isolation and loneliness in older
adults; and
(3) a description of the different types of such settings
and whether, and to what extent, findings under paragraphs (1)
and (2) vary across such different types.
(c) Submission.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions and the Special Committee on Aging of
the Senate and the Committee on Education and the Workforce of the
House of Representatives the report required by subsection (a).
SEC. 209. IMPROVING BROADBAND COORDINATION AND REDUCING SOCIAL
ISOLATION.
(a) In General.--The Assistant Secretary shall, as appropriate,
coordinate with the Assistant Secretary of Commerce for Communications
and Information of the National Telecommunications and Information
Administration to ensure that the aging network (as defined in section
102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) and other
relevant stakeholders are aware of, and, subject to applicable
eligibility criteria, have access to, Federal programs relating to
digital literacy and the adoption of broadband that may support healthy
aging and aging in place for older individuals.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Assistant Secretary shall prepare, and submit to the
Committee on Health, Education, Labor, and Pensions, the Special
Committee on Aging, and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Education and the
Workforce of the House of Representatives, a report regarding any
coordination efforts carried out pursuant to subsection (a).
TITLE III--ENHANCING INNOVATION AND FLEXIBILITY IN NUTRITION SERVICES
SEC. 301. MEDICALLY TAILORED MEALS.
(a) Definitions.--Section 102(14) (42 U.S.C. 3002(14)) is amended--
(1) in subparagraph (C), by inserting ``, which may include
counseling related to the provision of medically tailored
meals,'' after ``counseling''; and
(2) in subparagraph (D), by inserting ``(including from
medically tailored meals)'' after ``improved nutrition''.
(b) Administration of Nutrition Services.--Section 205(a)(2)(A) (42
U.S.C. 3016(a)(2)(A)) is amended--
(1) in clause (vi), by inserting ``, including through the
use of innovative approaches'' after ``systems''; and
(2) in clause (viii), by inserting ``and innovative
interventions'' after ``including strategies''.
(c) Nutrition Education.--Section 214(2)(C) (42 U.S.C. 3020e(2)(C))
is amended by inserting ``, including interventions,'' after ``other
activities''.
(d) Nutrition Services Purposes.--Section 330(3) (42 U.S.C. 3030d-
21(3)) is amended by inserting ``, tailored to their individual medical
and nutritional needs to the extent feasible,'' after ``services''.
SEC. 302. GRAB-AND-GO MEALS.
Section 308(b)(4) (42 U.S.C. 3028(b)(4)) is amended by adding at
the end the following:
``(E) A State may elect in its plan under section 307 to allow use
of not more than 25 percent of the funds received by such State under
subpart 1 of part C, calculated after any transfers under subparagraphs
(A) and (B) are completed, to make meals available at congregate meal
sites or other community locations for consumption by older individuals
outside such sites and locations, such as carry-out or similar meals. A
State electing to allow use of funds under the preceding sentence
shall--
``(i) ensure that such allowable use complements the
delivery of services through the congregate meals program under
section 331; and
``(ii) notify the Assistant Secretary of such election,
including a description of the amount and percentage of funds
received by such State under subpart 1 of part C to be used for
such purposes.''.
SEC. 303. GAO STUDY ON NUTRITION SERVICES INCENTIVE PROGRAM.
(a) In General.--The Comptroller General of the United States shall
conduct a study to evaluate the Nutrition Services Incentive Program
under section 311 (42 U.S.C. 3030a) (referred to in this section as the
``Program'').
(b) Inclusions.--The study under this section--
(1) shall--
(A) include an assessment of how States and Tribal
organizations use funding provided under the Program,
including the degree to which States and Tribal
organizations use such funding to procure food products
from local or regional producers for meals supported
under the Program; and
(B) identify any challenges or barriers to
increasing the use of local and regional producers
under the Program; and
(2) may make recommendations related to improving the
effectiveness of the Program, including with respect to the use
of local and regional producers.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Health, Education, Labor, and Pensions
and the Special Committee on Aging of the Senate and the Committee on
Education and the Workforce of the House of Representatives a report on
the results of the study under this section.
SEC. 304. INNOVATIONS IN NUTRITION PROGRAMS AND SERVICES.
Subpart 3 of part C of title III (42 U.S.C. 3030g-21 et seq.) is
amended by adding at the end the following:
``SEC. 340. INNOVATIONS IN NUTRITION PROGRAMS AND SERVICES.
``(a) Demonstration to Reduce Hunger, Food Insecurity, and
Malnutrition.--
``(1) In general.--From funds available under paragraph
(5), the Assistant Secretary shall make grants, on a
competitive basis, to eligible entities, to achieve the
purposes of section 330(1) by developing, testing,
implementing, and evaluating innovative local or regional
approaches to improve the quality, effectiveness, efficiency,
and outcomes of nutrition projects and services described in
sections 311, 331, and 336.
``(2) Eligibility.--In order to be eligible for a grant
under paragraph (1), an entity shall--
``(A) be--
``(i) a State agency, an area agency on
aging, an Indian Tribe, a Tribal organization,
or another public or nonprofit private entity,
including a nutrition service provider, a
multipurpose senior center, a health care
entity, or an institution of higher education;
or
``(ii) a partnership between any entities
described in clause (i); and
``(B) submit an application at such time and in
such manner as the Assistant Secretary may require,
including--
``(i) a description of an innovative
approach referred to in paragraph (1) that the
entity proposes to implement under the grant;
``(ii) a plan for evaluating the
effectiveness, including cost-effectiveness, of
the innovative approach proposed; and
``(iii) a plan for the publication of the
results of such evaluation.
``(3) Priority.--In selecting eligible entities for grants
under this subsection, the Assistant Secretary shall give
priority to eligible entities proposing to carry out a grant in
1 or more rural areas.
``(4) Report.--Not later than 1 year after the date of
enactment of the Older Americans Act Reauthorization Act of
2024, and annually thereafter, the Assistant Secretary shall
submit a report to the Committee on Health, Education, Labor,
and Pensions and the Special Committee on Aging of the Senate
and the Committee on Education and the Workforce of the House
of Representatives describing any activities carried out under
paragraph (1), an assessment of the outcomes of such activities
using rigorous methodologies, and recommendations for inclusion
of any successful innovative approaches within nutrition
programs established under this Act.
``(5) Reservation.--From the total of the amounts made
available for a fiscal year under paragraphs (1) and (2) of
section 303(b) and in section 311(e), the Assistant Secretary
shall reserve an amount equal to not more than 1 percent to
carry out activities described in paragraph (1) of this
subsection.
``(b) Innovative Approaches to Reduce Hunger, Food Insecurity, and
Malnutrition.--
``(1) In general.--Subject to paragraph (6), in carrying
out nutrition projects established under this Act, a State
agency or title VI grantee may implement innovative approaches,
including any applicable approaches implemented previously by
the Assistant Secretary or pursuant to subsection (a), that are
demonstrated to be effective, to achieve the purposes described
in section 330(1) by improving--
``(A) the quality, composition, preparation,
modality, delivery, or location of meals provided to
older individuals under this Act; or
``(B) the efficiency and effectiveness of
distributing, delivering, or otherwise making meals
available to older individuals under this Act.
``(2) Waiver.--At the request of a State agency
implementing an approach under paragraph (1), the Assistant
Secretary may waive any requirements of subpart 1 or 2 with
respect to such State agency if such requirements impede the
ability of such State agency to successfully implement such an
approach.
``(3) Flexibility.--The Secretary shall provide maximum
flexibility to a title VI grantee implementing an approach
under paragraph (1) in the same manner as the Secretary
provides maximum flexibility in accordance with section
614(c)(3).
``(4) Sunset.--The authority to carry out activities
described in paragraph (1) shall expire on October 1, 2029.
``(5) Report.--Not later than September 30, 2028, the
Assistant Secretary shall submit a report to the Committee on
Health, Education, Labor, and Pensions and the Special
Committee on Aging of the Senate and the Committee on Education
and the Workforce of the House of Representatives describing
any activities carried out by State agencies or title VI
grantees under paragraph (1), an assessment of the outcomes of
such activities using rigorous methodologies, and
recommendations for inclusion of any successful innovative
approaches within nutrition programs established under this
Act.
``(6) Use of allotment.--If the amount appropriated to
carry out section 311 for a fiscal year exceeds the amount
appropriated to carry out section 311 for the prior fiscal year
or fiscal year 2024, whichever is greater, a State agency and
title VI grantee in receipt of an allotment under section
311(b) may elect to use the difference between the allotment
received for the fiscal year and the allotment received for the
prior fiscal year or fiscal year 2024, whichever is greater,
for activities described in paragraph (1).
``(7) Rule of construction.--Nothing in this subsection
shall be construed as limiting or prohibiting the requirements
described in section 339 from applying to nutrition projects
utilizing an innovative approach under this subsection.''.
TITLE IV--SUPPORTING FAMILY CAREGIVERS
SEC. 401. IMPROVING THE NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
(a) State Requirements for State and Community Programs on Aging
Grants.--Section 305(a)(3)(E) (42 U.S.C. 3025(a)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) available supports for family
caregivers and older relative caregivers (as
defined in section 372(a)).''.
(b) Area Plan Requirements.--Section 306(a)(7)(D) (42 U.S.C.
3026(a)(7)(D)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by adding ``and'' after the semicolon;
and
(3) by adding at the end the following:
``(iii) available supports for family
caregivers and older relative caregivers (as
defined in section 372(a));''.
(c) Definitions Relating to the National Family Caregiver Support
Program.--
(1) In general.--Section 372(a) (42 U.S.C. 3030s(a)) is
amended--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``The term'' and inserting the following:
``(A) In general.--The term''; and
(ii) in subparagraph (A) (as so
designated), in the second sentence--
(I) by striking the period at the
end and inserting ``; and'';
(II) by striking ``Such assessment
shall be administered through'' and
inserting the following:
``(B) Administration of assessments.--A caregiver
assessment under subparagraph (A) shall--
``(i) be administered through''; and
(III) by adding at the end the
following:
``(ii) take into account--
``(I) linguistic and cultural
differences;
``(II) the ease for the caregiver
to access information, supports, or
services, and the timeliness of access
to such information, supports, or
services;
``(III) barriers to accessing
information, supports, or services;
``(IV) the availability of
information, supports, or services in
accessible formats; and
``(V) the quality of information,
supports, or services received, and the
degree to which it is helpful to the
caregiver.'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Child or youth.--The term `child or youth' means an
individual who is not more than--
``(A) 18 years of age; or
``(B) 22 years of age, in the case of an individual
who is enrolled in any form of schooling (including on
a part-time basis), including--
``(i) in high school or secondary school
(as such terms are defined in section 8101 of
the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)); or
``(ii) in an institution of higher
education (as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C.
1002)).''; and
(C) in paragraph (4)(B)--
(i) in clause (i), by inserting ``adult''
after ``or other''; and
(ii) by amending clause (iii) to read as
follows:
``(iii)(I) has a legal relationship to the
child or youth, such as legal custody,
adoption, or guardianship, or is raising the
child or youth informally; and
``(II) in the case of a child or youth described in
paragraph (2)(B) who is 18 years of age or older, had
established such a legal relationship, or began raising
such child or youth informally, prior to the child or
youth reaching the age of 18; and''.
(2) Conforming amendments.--Part E of title III (42 U.S.C.
3030s et seq.) is amended--
(A) by inserting ``or youth'' after ``child'' each
place it appears (other than in sections 372(a)(2) (as
amended by paragraph (1)(B)) and 372(a)(4)(B)(iii) (as
amended by paragraph (1)(C)(ii))); and
(B) in section 373(c)(2)(B) (42 U.S.C. 3030s-
1(c)(2)(B)), by inserting ``or youth'' after
``children''.
(d) Program Authorized.--Section 373 (42 U.S.C. 3030s-1) is
amended--
(1) in subsection (b)(3)--
(A) by inserting ``which may include trauma-
informed services, peer supports,'' after ``individual
counseling,''; and
(B) by inserting ``elder abuse prevention,'' after
``nutrition,'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Priority'' and inserting ``Priority; Consideration'';
and
(B) by adding at the end the following:
``(3) Consideration.--In providing services under this
part, the State shall consider--
``(A) that older relative caregivers caring for
multiple children or youth may need greater resources
and supports; and
``(B) the circumstances and unique needs of
different types of caregivers, including the needs of
children or youth and their older relative caregivers
whose families have been affected by substance use
disorder, including opioid use disorder.'';
(3) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking ``Not later than'' and all that follows
through ``the Assistant Secretary shall'' and inserting
``The Assistant Secretary shall, on a regular basis'';
(B) in paragraph (1)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B)
the following:
``(C) the use of caregiver assessments; and''; and
(C) in paragraph (2), by striking ``make
available'' and inserting ``prepare, publish, and
disseminate'';
(4) in subsection (i)--
(A) in paragraph (1), by inserting ``, which may
include the improvement of the quality and consistency
of caregiver assessments and access to other
information, supports, or services'' after ``section
631''; and
(B) in paragraph (2), by inserting ``(including
outcome measures)'' after ``program evaluation''; and
(5) in subsection (j)--
(A) in the matter preceding paragraph (1), by
striking ``Not later than'' and all that follows
through ``shall provide technical assistance'' and
inserting ``Beginning not later than 1 year after the
date of enactment of the Older Americans Act
Reauthorization Act of 2024, the Assistant Secretary,
in consultation with stakeholders with appropriate
expertise and, as appropriate, informed by the most
recent strategy developed under the RAISE Family
Caregivers Act (42 U.S.C. 3030s note) and the most
recent report developed under the Supporting
Grandparents Raising Grandchildren Act (Public Law 115-
196; 132 Stat. 1511), shall provide ongoing technical
assistance'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following:
``(3) the quality and consistency of caregiver assessments
used across States; and''.
SEC. 402. EMPHASIZING RESPITE CARE.
Section 321(a)(19) (42 U.S.C. 3030d(a)(19)) is amended to read as
follows:
``(19) services, which may include respite care through
various models, designed to support family members and other
persons providing voluntary care to older individuals that need
long-term care services, which may include older individuals
with cognitive impairments such as Alzheimer's disease and
related disorders with neurological and organic brain
dysfunction;''.
SEC. 403. CLARIFYING SUPPORTIVE SERVICES.
Section 321(a)(18) (42 U.S.C. 3030d(a)(18)) is amended by striking
``mentally impaired older individuals'' and inserting ``older
individuals with cognitive, physical, or mental impairments''.
SEC. 404. DIRECT CARE WORKFORCE RESOURCE CENTER.
Section 411(a)(13) (42 U.S.C. 3032(a)(13)) is amended--
(1) in subparagraph (B), by adding ``and'' at the end;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(3) in the matter preceding clause (i) (as so
redesignated)--
(A) by inserting ``and, as appropriate, the heads
of other relevant Federal departments and agencies''
after ``Labor''; and
(B) by striking ``workers, and the soliciting,''
and inserting the following: ``workers, including--
``(A) the soliciting,''; and
(4) by adding at the end the following:
``(B) the establishment and operation of a national
resource center that supports the growth and
professionalization of the direct care workforce
necessary to meet the needs of older individuals and
individuals with disabilities, and, in a manner that
does not unnecessarily duplicate the activities of
other resource centers supported by the Assistant
Secretary, that addresses training and other
educational needs of family caregivers, which
activities of the center may include--
``(i) the provision of training and
technical assistance, including through the
development and dissemination of educational
materials, to States, long-term services and
supports providers, direct care workers, and
family caregivers; and
``(ii) promoting existing, and supporting
the demonstration of new, strategies for the
recruitment, retention, career development, or
advancement of direct care workers to reduce
barriers to entry for a diverse and high-
quality direct care workforce, including
providing wages, benefits, and advancement
opportunities needed to attract or retain
direct care workers;''.
SEC. 405. SUPPORTING GRANDPARENTS RAISING GRANDCHILDREN ACT.
(a) Findings.--The Supporting Grandparents Raising Grandchildren
Act (Public Law 115-196; 132 Stat. 1511) is amended by striking section
2.
(b) Definitions.--The Supporting Grandparents Raising Grandchildren
Act is amended by redesignating section 4 as section 2 and moving the
section so as to follow section 1.
(c) Advisory Council.--Section 3 of the Supporting Grandparents
Raising Grandchildren Act is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (G)
through (I) as subparagraphs (H) through (J);
(ii) by inserting after subparagraph (F)
the following:
``(G) The Assistant Secretary for Health.'';
(iii) in subparagraph (I), as so
redesignated, by striking ``of children''; and
(iv) in subparagraph (J), as so
redesignated, by striking ``relatives'' and
inserting ``relative caregivers''; and
(B) by adding at the end the following:
``(3) Limitation on non-federal members.--Not more than 10
members of the Advisory Council may be individuals who are not
Federal officers or employees.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``relatives'' and
inserting ``relative caregivers''; and
(II) in clause (i)--
(aa) by striking ``the
health,'' and inserting ``the
near- and long-term health,
including mental health,''; and
(bb) by striking ``care;
and'' and inserting ``care,
including any needs related to
the circumstances that caused
such children to be raised by a
grandparent or older relative
caregiver; and''; and
(ii) in subparagraph (B)--
(I) by striking ``(B)'' and all
that follows through ``In'' and
inserting the following:
``(B) Considerations.--In''; and
(II) by striking ``needs of those
affected by the opioid crisis'' and
inserting ``needs and challenges of
individuals affected by substance use
disorder, including opioid use
disorder, or, as applicable and
appropriate, needs and challenges of
individuals related to other
circumstances, which may include public
health emergencies'';
(B) in paragraph (2)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``enactment
of this Act'' and inserting ``enactment of the
Older Americans Act Reauthorization Act of
2024''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking
``relatives'' and inserting
``relative caregivers''; and
(bb) by striking ``needs of
children'' and all that follows
through ``epidemic;'' and
inserting ``needs of children
and their older relative
caregivers who have been
affected by substance use
disorder, including opioid use
disorder;'';
(II) in clause (ii), by striking
the ``and'' at the end;
(III) by redesignating clause (iii)
as clause (iv); and
(IV) by inserting after clause (ii)
the following:
``(iii) a description of any activities of
the Department of Health and Human Services to
evaluate the effectiveness of supportive
services in addressing the needs of children
and their older relative caregivers, including
those who have been affected by substance use
disorder, including opioid use disorder, and
any related findings; and'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``(3)'' and all
that follows through ``Not'' and
inserting the following:
``(3) Follow-up reports.--Not'';
(II) by striking ``2 years'' and
inserting ``180 days''; and
(III) by inserting after
``submitted,'' the following: ``and
every 2 years thereafter until the
Advisory Council terminates under
subsection (f),''; and
(D) in paragraph (4) by striking ``relatives'' each
place it appears and inserting ``relative caregivers'';
(3) in subsection (d), by striking ``the Federal Advisory
Committee Act (5 U.S.C. App.).'' and inserting ``chapter 10 of
title 5, United States Code.''; and
(4) in subsection (f), by striking ``terminate'' and all
that follows through ``Act.'' and inserting ``terminate on
September 30, 2029.''.
SEC. 406. RAISE FAMILY CAREGIVERS ACT.
(a) Strategy.--Section 3 of the RAISE Family Caregivers Act (42
U.S.C. 3030s note) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``(or the Secretary's designee)'' after ``The
Secretary''; and
(B) in paragraph (1), by inserting ``and made
publicly available by the Secretary,'' after
``caregiver programs,''; and
(2) in subsection (d)(2), by inserting ``in'' after
``caregiver programs''.
(b) Council.--Section 4(e) of that Act (42 U.S.C. 3030s note) is
amended by striking ``The Federal Advisory Committee Act (5 U.S.C.
App.)'' and inserting ``Chapter 10 of title 5, United States Code,''.
(c) Sunset Extension.--Section 6 of that Act (42 U.S.C. 3030s note)
is amended by striking ``terminate'' and all that follows through
``Act.'' and inserting ``terminate on September 30, 2029.''.
TITLE V--COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT
SEC. 501. IMPROVING THE COMMUNITY SERVICE EMPLOYMENT PROGRAM.
(a) Program.--Section 502(b)(1) (42 U.S.C. 3056(b)(1)) is amended--
(1) in subparagraph (C)(ii), by striking ``section
513(a)(2)(E)'' and inserting ``section 513(a)(2)(F)''; and
(2) in subparagraph (E), by inserting ``older
individuals,'' after ``youth,''.
(b) Performance.--Section 513 (42 U.S.C. 3056k) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (D)(iii), by inserting ``,
including toward the long-term performance goals
determined by the Department of Labor under the
Government Performance and Results Act of 1993 (Public
Law 103-62; 107 Stat. 285) and the amendments made by
such Act,'' after ``core measures'';
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) Biennial report.--Not later than 2 years
after the date of enactment of the Older Americans Act
Reauthorization Act of 2024, and every 2 years
thereafter during the period of the program described
in section 502(a)(1), the Secretary shall prepare, make
publicly available, and submit to the Committee on
Health, Education, Labor, and Pensions and the Special
Committee on Aging of the Senate and the Committee on
Education and the Workforce of the House of
Representatives a report regarding the methodology used
to arrive at the expected levels of performance
described in subparagraph (B) for each grantee,
including the particular statistical model used and
other factors taken into account, as described in
subparagraph (D).'';
(2) in subsection (b)(1)(C), by striking ``fourth quarter
after exit from the project'' and inserting ``second quarter
after exit from the project and remain in unsubsidized
employment during the fourth quarter after exit from the
project'';
(3) in subsection (c) and paragraphs (1)(A), (2)(A), and
(3)(A) of subsection (d), by striking ``subsection (a)(2)(E)''
and inserting ``subsection (a)(2)(F)''; and
(4) in subsection (d)--
(A) in paragraph (2)(B)(iii), by adding at the end
the following: ``For grants awarded on or after the
date that is 2 years after the date of enactment of the
Older Americans Act Reauthorization Act of 2024, any
grantee who has failed to meet the expected levels of
performance for the 2 consecutive years prior to the
subsequent grant competition under section 514 shall
not be allowed to compete in the subsequent grant
competition under section 514 following the second
consecutive year of failure but may compete in the next
such grant competition after that subsequent
competition.''; and
(B) in paragraph (3)(B)(iii), by adding at the end
the following: ``For grants awarded on or after the
date that is 2 years after the date of enactment of the
Older Americans Act Reauthorization Act of 2024, if the
Secretary determines that the State fails to meet the
expected levels of performance described in
subparagraph (A) for 2 consecutive program years, the
Secretary shall provide for the conduct by the State of
a competition to award the funds allotted to the State
under section 506(e) for the first full program year
following the Secretary's determination.''.
(c) Definitions and Rule.--
(1) Definitions.--Section 518(a)(1)(A) (42 U.S.C.
3056p(a)(1)(A)) is amended to read as follows:
``(A) social, health, welfare, and educational
services (including literacy tutoring and services
provided by the aging network), legal and other
counseling services and assistance (including tax
counseling and assistance and financial counseling),
and library, recreational, and other similar
services;''.
(2) Rule.--Section 518(b)(2)(F) (42 U.S.C. 3056p(b)(2)(F))
is amended to read as follows:
``(F) has failed to find employment after receiving any
combination of training services or the following career
services provided under title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.)--
``(i) initial or comprehensive skills assessment;
``(ii) labor exchange services;
``(iii) provision of workforce and labor market
information or job search assistance;
``(iv) development of an individual employment
plan;
``(v) group or individual counseling;
``(vi) career planning;
``(vii) internship, work experience, workforce
preparation activities, or prevocational services;
``(viii) English language acquisition and
integrated education and training; or
``(ix) followup services;''.
SEC. 502. GAO REPORT ON ALIGNMENT WITHIN THE COMMUNITY SERVICE
EMPLOYMENT PROGRAM.
(a) Review.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall
complete a review in which the Comptroller General--
(1) evaluates--
(A) the distinct differences and similarities
between the older American community service employment
program as authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.) and the
programs carried out under title I of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111 et
seq.); and
(B) how the programs described in subparagraph (A)
serve older individuals in seeking and obtaining
community service employment;
(2) analyzes the expected levels of performance described
in section 513(a) of the Older Americans Act of 1965 (42 U.S.C.
3056k(a)), the efficacy and impacts of the indicators of
performance described in section 513(b) of the Older Americans
Act of 1965 (42 U.S.C. 3056k(b)), and corrective measures
described in section 513(d) of the Older Americans Act of 1965
(42 U.S.C. 3056k(d)) for the older American community service
employment program, compared with the expected levels of
performance, efficacy and impacts of the indicators of
performance, and corrective measures described in section 116
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3141) for programs authorized under title I of such Act,
including the efficacy of the indicators of performance
described in section 513(b) of the Older Americans Act of 1965
(42 U.S.C. 3056k(b)) for individuals described in subsection
(a)(3)(B)(ii) or subsection (b) of section 518 of the Older
Americans Act of 1965 (42 U.S.C. 3056p);
(3) develops recommendations for any alternative measures
that may better measure the efficacy of the older American
community service employment program as authorized under title
V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.)
for individuals described in subsection (a)(3)(B)(ii) or
subsection (b) of section 518 of the Older Americans Act of
1965 (42 U.S.C. 3056p) to achieve the objectives described in
section 101 of the Older Americans Act of 1965 (42 U.S.C.
3001); and
(4) evaluates how the Department of Labor coordinates
delivery of services with State and national grantees under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et
seq.) and with States and local workforce development areas
under title I of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3111 et seq.) to serve older individuals.
(b) Report to Congress.--Not later than 180 days after the review
required under this section is completed, the Comptroller General shall
submit to the Committee on Health, Education, Labor, and Pensions and
the Special Committee on Aging of the Senate and the Committee on
Education and the Workforce of the House of Representatives a report on
the results of such review.
TITLE VI--IMPROVING SERVICES FOR NATIVE ELDERS
SEC. 601. OLDER AMERICANS TRIBAL ADVISORY COMMITTEE.
Section 201(c) (42 U.S.C. 3011(c)) is amended by adding at the end
the following:
``(4)(A) In addition to other methods of government-to-
government consultation between the Administration and Indian
Tribes and conferring with organizations representing Native
Hawaiians, the Assistant Secretary shall establish an advisory
committee, to be known as the `Older Americans Tribal Advisory
Committee' (referred to in this paragraph as the `Committee')
to provide advice and guidance to the Assistant Secretary on
matters relating to the needs of older individuals who are
Native Americans and implementation of related programs and
activities under this Act.
``(B) The Committee shall be composed of 11 voting, non-Federal
members, including--
``(i) geographically diverse individuals with expertise on
the range of issues affecting Indian Tribes, organizations
representing Native Hawaiians, and older individuals who are
Native Americans;
``(ii) not less than 1 member who is an Alaska Native; and
``(iii) not less than 1 member who is a Native Hawaiian.
``(C) The Committee shall include non-voting, ex officio
representatives of relevant Federal departments and agencies,
including--
``(i) the Administration;
``(ii) the Indian Health Service;
``(iii) the Centers for Medicare & Medicaid Services;
``(iv) the Department of the Interior;
``(v) the Department of Labor; and
``(vi) any other agency or office with subject matter
expertise that the Assistant Secretary determines appropriate.
``(D) The Committee shall meet in person not less frequently than
twice each year.
``(E) The Committee shall coordinate, as appropriate, with the
Secretary's Tribal Advisory Committee of the Department of Health and
Human Services.
``(F)(i) Not less frequently than once each year, the Committee
shall submit to the Assistant Secretary and make publicly available a
report that describes--
``(I) the activities of the Committee during the previous year; and
``(II) recommendations for administrative action, including the
identification of any statutory barriers to carrying out such
recommendations, for the following year.
``(ii) Not later than 60 days after the date on which the Assistant
Secretary receives a report under clause (i), the Assistant Secretary
shall submit to the Committee a written response to such report.
``(G) Chapter 10 of title 5, United States Code, shall not apply to
the Committee.
``(H) In establishing, developing procedures for, and operating the
Committee, the Assistant Secretary shall--
``(i) consult with Indian Tribes and confer with organizations
representing Native Hawaiians; and
``(ii) take into consideration best practices of other Tribal
advisory committees operated by the Department of Health and Human
Services before the date of enactment of the Older Americans Act
Reauthorization Act of 2024.''.
SEC. 602. SUPPORTIVE SERVICES; SET ASIDE.
(a) Supportive Services.--Section 636 (42 U.S.C. 3057k-21) is
amended--
(1) in subsection (a), by striking ``may'' and inserting
``shall, as practicable,''; and
(2) in subsection (b)(2), by striking ``in-home
assistance'' and inserting ``in-home services''.
(b) Funding Set Aside.--Section 644 (42 U.S.C. 3057o) is amended--
(1) by striking ``Of'' and inserting the following:
``(a) In General.--Of''; and
(2) by adding at the end the following:
``(b) Report.--Not later than 1 year after the date of enactment of
the Older Americans Act Reauthorization Act of 2024, the Assistant
Secretary shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives, a report on the use of funds
under part D. Such report shall include--
``(1) the total amount of funds made available under
subsection (a) to carry out part D for each fiscal year;
``(2) a list of award recipients under part D; and
``(3) a summary of supportive services for healthy aging
and independence provided under part D.''.
SEC. 603. GAO REPORT ON TRIBAL SERVICES.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report that--
(1) evaluates and identifies barriers to Indian Tribes (as
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)) and organizations
serving Native Hawaiians accessing programs under title VI of
the Older Americans Act of 1965 (42 U.S.C. 3057 et seq.), and
coordination of such programs under such title VI with programs
funded under titles III and IV of such Act (42 U.S.C. 3021 et
seq., 42 U.S.C. 3031 et seq.), including by--
(A) estimating the number of Native Americans
unserved by programs under such title VI;
(B) identifying States and area agencies on aging
making grants to Indian Tribes under such title III;
and
(C) providing estimates of funding necessary to
support programs under such title VI for all Tribal
organizations (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304)) and organizations serving Native
Hawaiians that are not eligible under such title VI (as
in effect on the date of enactment of this Act); and
(2) details how grantees under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.) are serving
older individuals who are Native Americans with funds received
under such title V, including by evaluating how the Secretary
of Labor coordinates with State and national grantees under
such title V to serve older individuals who are Native
Americans.
SEC. 604. TECHNICAL AMENDMENTS.
The Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is
amended--
(1) in section 102 (42 U.S.C. 3002)--
(A) in paragraph (27), by striking ``the term
`Indian tribe' means any tribe'' and inserting ``the
term `Indian Tribe' means any Tribe''; and
(B) in paragraph (56), by striking ``the term
`tribal organization' means'' and inserting ``the term
`Tribal organization' means'';
(2) in section 418(a)(2)(6) (42 U.S.C. 3032g(a)(2)(6)), by
striking ``Speaker of the House of Representatives and the
President pro tempore of the Senate'' and inserting ``Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House of
Representatives'';
(3) in section 612(c) (42 U.S.C. 3057c(c))--
(A) by striking ``terms `Indian tribe' and `tribal
organization' have'' and inserting ``terms `Indian
Tribe' and `Tribal organization' have''; and
(B) by striking ``(25 U.S.C. 450b)'' and inserting
``(25 U.S.C. 5304)''; and
(4) by striking ``tribe'', ``tribes'', and ``tribal'' each
place such terms appear and inserting ``Tribe'', ``Tribes'',
and ``Tribal'', respectively.
TITLE VII--STRENGTHENING THE LONG-TERM CARE OMBUDSMAN PROGRAMS AND
ELDER ABUSE PREVENTION
SEC. 701. DIRECTOR OF THE OFFICE OF LONG-TERM CARE OMBUDSMAN PROGRAMS.
Section 201(d)(2)(A) (42 U.S.C. 3011(d)(2)(A)) is amended, in the
second sentence, by inserting ``serve on a full-time basis and'' after
``shall''.
SEC. 702. LEGAL ASSISTANCE TRAINING RESOURCES RELATING TO ELDER ABUSE
PREVENTION.
Section 201(e)(2)(A) (42 U.S.C. 3011(e)(2)(A)) is amended by
striking clause (v) and inserting the following:
``(v) establishing an information
clearinghouse to collect, maintain, and
disseminate information concerning best
practices and resources for training, technical
assistance, and other activities, which may
include training resources for paralegals or
law students who are under the direct
supervision of an attorney, to assist State
Long-Term Care Ombudsman programs, adult
protective services programs, and other legal
services relating to defense of guardianship,
promotion of self-determination, and the
matters described in clause (ii)(I), and to
assist States and communities to carry out
evidence-based programs to prevent and address
elder abuse, neglect, and exploitation;''.
SEC. 703. IMPROVING TRAINING OF VOLUNTEERS UNDER THE STATE LONG-TERM
CARE OMBUDSMAN PROGRAM.
Section 712 (42 U.S.C. 3058g) is amended--
(1) in subsection (h)(5)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``the representatives'' and
inserting ``each type of representative''; and
(ii) by inserting ``types of'' before
``unpaid volunteers'';
(B) in subparagraph (A), by inserting ``for each
such type of representative'' before the semicolon at
the end;
(C) in subparagraph (B)(iii), by striking ``and''
at the end;
(D) in subparagraph (C), by adding ``and'' at the
end; and
(E) by adding at the end the following:
``(D) with respect to representatives of the Office
who are unpaid volunteers, take into consideration the
degree to which each such type of unpaid volunteer
performs activities requiring specialized training,
with a goal of reducing unnecessary training
requirements for prospective unpaid volunteers;''; and
(2) by adding at the end the following:
``(k) Training Requirements for Unpaid Volunteers.--
``(1) In general.--In providing the model standards
described in subsection (h)(5), the Director of the Office of
Long-Term Care Ombudsman Programs shall review and, as
necessary, update such model standards on a regular basis to
tailor such model standards to the individualized training
needs of each type of representative of the Office, including
each type of unpaid volunteer.
``(2) Considerations.--In carrying out paragraph (1), the
Director of the Office of Long-Term Care Ombudsman Programs
shall take into consideration the degree to which each type of
representative of the Office performs activities that require
specialized training, with a goal of reducing unnecessary
training requirements for unpaid volunteers.''.
SEC. 704. REPORTING ON STATE LONG-TERM CARE OMBUDSMAN PROGRAMS.
Chapter 2 of subtitle A of title VII (42 U.S.C. 3058f et seq.) is
amended by adding at the end the following:
``SEC. 714. REPORTS TO CONGRESS.
``Each year, the Assistant Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions and the Special Committee on
Aging of the Senate and the Committee on Education and the Workforce of
the House of Representatives, and make publicly available, a report
that--
``(1) aggregates all reports submitted under section 712(h)
for such year; and
``(2) provides a summary of the findings of such
reports.''.
SEC. 705. STUDY ON STATE LONG-TERM CARE OMBUDSMAN PROGRAMS.
(a) In General.--The Assistant Secretary shall seek to enter into a
contract with the National Academies of Sciences, Engineering, and
Medicine (referred to in this section as the ``National Academies'') to
conduct a study on the State Long-Term Care Ombudsman programs carried
out under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.),
including an assessment of the effectiveness of such programs and any
related challenges and recommendations. The study shall include an
assessment of the current (as of the date on which the contract is
entered into) recommended staff-to-bed ratio for such programs, as
appropriate.
(b) Report.--Not later than 18 months after the date on which a
contract is entered into under subsection (a), the National Academies
shall publicly issue a report on the findings of the study under this
section.
TITLE VIII--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 801. ADMINISTRATION ON AGING.
Section 216 (42 U.S.C. 3020f) is amended--
(1) in subsection (a), by striking ``$43,937,410'' and all
that follows through ``fiscal year 2024'' and inserting
``$55,469,968 for fiscal year 2025, $55,469,968 for fiscal year
2026, $55,469,968 for fiscal year 2027, $55,469,968 for fiscal
year 2028, and $55,469,968 for fiscal year 2029''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``$2,180,660''
and all that follows through ``fiscal year 2024'' and
inserting ``$2,753,033 for fiscal year 2025, $2,753,033
for fiscal year 2026, $2,753,033 for fiscal year 2027,
$2,753,033 for fiscal year 2028, and $2,753,033 for
fiscal year 2029'';
(B) in paragraph (2), by striking ``$1,988,060''
and all that follows through ``fiscal year 2024'' and
inserting ``$2,509,880 for fiscal year 2025, $2,509,880
for fiscal year 2026, $2,509,880 for fiscal year 2027,
$2,509,880 for fiscal year 2028, and $2,509,880 for
fiscal year 2029'';
(C) in paragraph (3), by striking ``$1,371,740''
and all that follows through ``fiscal year 2024'' and
inserting ``$1,731,790 for fiscal year 2025, $1,731,790
for fiscal year 2026, $1,731,790 for fiscal year 2027,
$1,731,790 for fiscal year 2028, and $1,731,790 for
fiscal year 2029''; and
(D) in paragraph (4), by striking ``$8,687,330''
and all that follows through ``fiscal year 2024'' and
inserting ``$10,967,554 for fiscal year 2025,
$10,967,554 for fiscal year 2026, $10,967,554 for
fiscal year 2027, $10,967,554 for fiscal year 2028, and
$10,967,554 for fiscal year 2029''.
SEC. 802. GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING.
(a) In General.--Section 303 (42 U.S.C. 3023) is amended--
(1) in subsection (a)(1), by striking ``$412,029,180'' and
all that follows through ``fiscal year 2024'' and inserting
``$520,177,347 for fiscal year 2025, $520,177,347 for fiscal
year 2026, $520,177,347 for fiscal year 2027, $520,177,347 for
fiscal year 2028, and $520,177,347 for fiscal year 2029'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``$530,015,940''
and all that follows through ``fiscal year 2024'' and
inserting ``$669,132,913 for fiscal year 2025,
$669,132,913 for fiscal year 2026, $669,132,913 for
fiscal year 2027, $669,132,913 for fiscal year 2028,
and $669,132,913 for fiscal year 2029''; and
(B) in paragraph (2), by striking ``$268,935,940''
and all that follows through ``fiscal year 2024'' and
inserting ``$381,342,000 for fiscal year 2025,
$381,342,000 for fiscal year 2026, $381,342,000 for
fiscal year 2027, $381,342,000 for fiscal year 2028,
and $381,342,000 for fiscal year 2029'';
(3) in subsection (d), by striking ``$26,587,360'' and all
that follows through ``fiscal year 2024'' and inserting
``$33,565,929 for fiscal year 2025, $33,565,929 for fiscal year
2026, $33,565,929 for fiscal year 2027, $33,565,929 for fiscal
year 2028, and $33,565,929 for fiscal year 2029''; and
(4) in subsection (e), by striking ``$193,869,020'' and all
that follows through ``fiscal year 2024'' and inserting
``$244,755,171 for fiscal year 2025, $244,755,171 for fiscal
year 2026, $244,755,171 for fiscal year 2027, $244,755,171 for
fiscal year 2028, and $244,755,171 for fiscal year 2029''.
(b) Nutrition Services Incentive Program.--Section 311(e) (42
U.S.C. 3030a(e)) is amended by striking ``$171,273,830'' and all that
follows through ``fiscal year 2024'' and inserting ``$216,229,264 for
fiscal year 2025, $216,229,264 for fiscal year 2026, $216,229,264 for
fiscal year 2027, $216,229,264 for fiscal year 2028, and $216,229,264
for fiscal year 2029''.
SEC. 803. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY.
Section 411(b) (42 U.S.C. 3032(b)) is amended--
(1) in paragraph (1), by striking ``$14,514,550'' and all
that follows through ``fiscal year 2024'' and inserting
``$26,564,974 for fiscal year 2025, $26,564,974 for fiscal year
2026, $26,564,974 for fiscal year 2027, $26,564,974 for fiscal
year 2028, and $26,564,974 for fiscal year 2029''; and
(2) in paragraph (2), by striking ``$15,613,440'' and all
that follows through ``fiscal year 2024'' and inserting
``$19,711,608 for fiscal year 2025, $19,711,608 for fiscal year
2026, $19,711,608 for fiscal year 2027, $19,711,608 for fiscal
year 2028, and $19,711,608 for fiscal year 2029''.
SEC. 804. COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT.
Section 517(a) (42 U.S.C. 3056o(a)) is amended by striking
``$428,000,000'' and all that follows through ``fiscal year 2024'' and
inserting ``$540,340,139 for fiscal year 2025, $540,340,139 for fiscal
year 2026, $540,340,139 for fiscal year 2027, $540,340,139 for fiscal
year 2028, and $540,340,139 for fiscal year 2029''.
SEC. 805. GRANTS FOR NATIVE AMERICANS.
Section 643 (42 U.S.C. 3057n) is amended--
(1) in paragraph (1), by striking ``$37,102,560'' and all
that follows through ``fiscal year 2024'' and inserting
``$47,028,435 for fiscal year 2025, $47,028,435 for fiscal year
2026, $47,028,435 for fiscal year 2027, $47,028,435 for fiscal
year 2028, and $47,028,435 for fiscal year 2029''; and
(2) in paragraph (2), by striking ``$10,759,920'' and all
that follows through ``fiscal year 2024'' and inserting
``$13,584,151 for fiscal year 2025, $13,584,151 for fiscal year
2026, $13,584,151 for fiscal year 2027, $13,584,151 for fiscal
year 2028, and $13,584,151 for fiscal year 2029''.
SEC. 806. ALLOTMENTS FOR ELDER RIGHTS PROTECTION ACTIVITIES.
Section 702 (42 U.S.C. 3058a) is amended--
(1) in subsection (a), by striking ``$18,066,950'' and all
that follows through ``fiscal year 2024'' and inserting
``$22,809,108 for fiscal year 2025, $22,809,108 for fiscal year
2026, $22,809,108 for fiscal year 2027, $22,809,108 for fiscal
year 2028, and $22,809,108 for fiscal year 2029''; and
(2) in subsection (b), by striking ``$5,107,110'' and all
that follows through ``fiscal year 2024'' and inserting
``$6,447,609 for fiscal year 2025, $6,447,609 for fiscal year
2026, $6,447,609 for fiscal year 2027, $6,447,609 for fiscal
year 2028, and $6,447,609 for fiscal year 2029''.
DIVISION H--EXTENSION OF AGRICULTURAL PROGRAM
SEC. 1. EXTENSION OF AGRICULTURAL PROGRAMS.
(a) Extension.--
(1) In general.--Except as otherwise provided in this
section and the amendments made by this section,
notwithstanding any other provision of law, the authorities
(including any limitations on such authorities) provided by
each provision of the Agriculture Improvement Act of 2018
(Public Law 115-334; 132 Stat. 4490) and each provision of law
amended by that Act (and for mandatory programs at such funding
levels) as in effect (including pursuant to section 102 of
division B of the Further Continuing Appropriations and Other
Extensions Act, 2024 (Public Law 118-22)) on September 30,
2024, shall continue and be carried out until the date
specified in paragraph (2).
(2) Date specified.--With respect to an authority described
in paragraph (1), the date specified in this paragraph is the
later of--
(A) September 30, 2025;
(B) the date specified with respect to such
authority in the Agriculture Improvement Act of 2018
(Public Law 115-334; 132 Stat. 4490) or a provision of
law amended by that Act (Public Law 115-334; 132 Stat.
4490); or
(C) the date in effect with respect to such
authority pursuant to section 102 of division B of the
Further Continuing Appropriations and Other Extensions
Act, 2024 (Public Law 118-22).
(b) Discretionary Programs.--Programs carried out using the
authorities described in subsection (a)(1) that are funded by
discretionary appropriations (as defined in section 250(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c))) shall be subject to the availability of appropriations.
(c) Commodity Programs.--
(1) In general.--The provisions of law applicable to a
covered commodity (as defined in section 1111 of the
Agricultural Act of 2014 (7 U.S.C. 9011)), a loan commodity (as
defined in section 1201 of that Act (7 U.S.C. 9031)),
sugarcane, or sugar beets for the 2024 crop year pursuant to
title I of that Act (7 U.S.C. 9011 et seq.), each amendment
made by subtitle C of title I of the Agriculture Improvement
Act of 2018 (Public Law 115-334; 132 Stat. 4511), and section
102 of division B of the Further Continuing Appropriations and
Other Extensions Act, 2024 (Public Law 118-22) shall be
applicable to the 2025 crop year for that covered commodity,
loan commodity, sugarcane, or sugar beets.
(2) Extra long staple cotton.--Section 1208(a) of the
Agricultural Act of 2014 (7 U.S.C. 9038 (a)) is amended by
striking ``2024'' and inserting ``2026''.
(3) Extension of payment amount.--Section 1116(d) of the
Agricultural Act of 2014 (7 U.S.C. 9016(d)) is amended, in the
matter preceding paragraph (1), by striking ``2024'' and
inserting ``2025''.
(4) Dairy.--
(A) Dairy margin coverage.--
(i) Duration.--Section 1409 of the
Agricultural Act of 2014 (7 U.S.C. 9059) is
amended by striking ``December 31, 2024'' and
inserting ``December 31, 2025''.
(ii) Availability of premium discount.--
With respect to coverage for calendar year
2025, section 1407(g) of the Agricultural Act
of 2014 (7 U.S.C. 9057(g)) shall only apply to
a participating dairy operation with respect to
which the premium was reduced in accordance
with that section (as applied to such
participating dairy operation pursuant to
section 102(c)(2)(B)(ii) of division B of the
Further Continuing Appropriations and Other
Extensions Act, 2024 (Public Law 118-22)) for
calendar year 2024.
(B) Dairy forward pricing program.--Section
1502(e)(2) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8772(e)(2)) is amended by striking
``2027'' and inserting ``2028''.
(5) Suspension of permanent price support authorities.--The
provisions of law specified in--
(A) subsections (a) and (b) of section 1602 of the
Agricultural Act of 2014 (7 U.S.C. 9092)--
(i) shall not be applicable to the 2025
crops of covered commodities (as defined in
section 1111 of that Act (7 U.S.C. 9011)),
cotton, and sugar; and
(ii) shall not be applicable to milk
through December 31, 2025; and
(B) section 1602(c) of that Act (7 U.S.C. 9092(c))
shall not be applicable to the crops of wheat planted
for harvest in calendar year 2025.
(d) Other Programs.--
(1) Grassroots source water protection program.--Section
1240O(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3839bb-
2(b)(3)) is amended--
(A) in subparagraph (A), by striking the ``and'' at
the end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) $1,000,000 beginning in fiscal year 2025, to
remain available until expended.''.
(2) Voluntary public access and habitat incentive
program.--Section 1240R(f)(1) of the Food Security Act of 1985
(16 U.S.C. 3839bb-5(f)(1)) is amended--
(A) by striking the ``and'' after ``2023,''; and
(B) by inserting ``, and $10,000,000 for fiscal
year 2025'' before the period at the end.
(3) Feral swine eradication and control pilot program.--
Section 2408(g)(1) of the Agriculture Improvement Act of 2018
(7 U.S.C. 8351 note; Public Law 115-334) is amended--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting ``, and $15,000,000 for fiscal
year 2025'' before the period at the end.
(4) Commodity trust.--Section 302(h)(2) of the Bill Emerson
Humanitarian Trust Act (7 U.S.C. 1736f-1(h)(2)) is amended by
striking ``September 30, 2024'' and inserting ``September 30,
2025''.
(5) Nutrition.--
(A) State and local supplementation of
commodities.--Section 203D(d)(5) of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7507(d)(5)) is amended
by striking ``2024'' and inserting ``2025''.
(B) Replacement extension.--Section 501(b)(2)(C) of
division HH of the Consolidated Appropriations Act,
2023 (7 U.S.C. 2016a(b)(2)(C)) is amended by striking
``December 20, 2024'' and inserting ``September 30,
2028''.
(6) Research.--
(A) Scholarships for students.--Section 1446 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3222a) is amended--
(i) in subsection (a)--
(I) in paragraph (1), in the matter
preceding subparagraph (A), by
inserting ``(to be known as David A.
Scott 1890 Scholarships)'' after
``scholarships'';
(II) by striking paragraph (3); and
(III) by redesignating paragraph
(4) as paragraph (3); and
(ii) by amending subsection (b)(1) to read
as follows:
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall make available to carry
out this section $15,000,000 for fiscal year 2025 and each
fiscal year thereafter.''.
(B) Urban, indoor, and other emerging agricultural
production research, education, and extension
initiative.--Section 1672E(d)(1) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925g(d)(1)) is amended--
(i) in subparagraph (A), by striking
``and'' at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) $2,000,000 for fiscal year 2025, to remain
available until expended.''.
(C) Foundation for food and agriculture research.--
Section 7601(g)(1)(A) of the Agricultural Act of 2014
(7 U.S.C. 5939(g)(1)(A)) is amended--
(i) by striking clauses (ii) and (iii); and
(ii) by adding at the end the following:
``(ii) Additional funding.--Of the funds of
the Commodity Credit Corporation, the Secretary
shall transfer to the Foundation to carry out
this section, to remain available until
expended--
``(I) on the date on which the
strategic plan described in subsection
(f)(3)(B)(iv) is submitted,
$185,000,000;
``(II) not later than 30 days after
November 17, 2023, $37,000,000; and
``(III) not later than 30 days
after the date of enactment of this
subclause, $37,000,000.''.
(D) Grazinglands research laboratory.--Section 7502
of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2019; 132 Stat. 4817) is
amended to read as follows:
``SEC. 7502. GRAZINGLANDS RESEARCH LABORATORY.
``Except as otherwise specifically authorized by law and
notwithstanding any other provision of law, the Federal land and
facilities at El Reno, Oklahoma, administered by the Secretary (as of
the date of enactment of this Act) as the Grazinglands Research
Laboratory, shall not at any time, in whole or in part, be declared to
be excess or surplus Federal property under chapter 5 of subtitle I of
title 40, United States Code, or otherwise be conveyed or transferred
in whole or in part, for the period beginning on the date of the
enactment of this Act and ending on September 30, 2025.''.
(7) Energy.--
(A) Biobased markets program.--Section 9002(k)(1)
of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8102(k)(1)) is amended by striking ``2024''
and inserting ``2025''.
(B) Bioenergy program for advanced biofuels.--
Section 9005(g)(1)(F) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8105(g)(1)(F)) is
amended by striking ``2024'' and inserting ``2025''.
(C) Feedstock flexibility program.--Section 9010(b)
of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8110(b)) is amended in paragraphs (1)(A) and
(2)(A) by striking ``2024'' each place it appears and
inserting ``2025''.
(8) Horticulture.--
(A) Organic production and market data
initiatives.--Section 7407(d)(1) of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)(1))
is amended--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) $1,000,000 for fiscal year 2025.''.
(B) Modernization and improvement of international
trade technology systems and data collection.--Section
2123(c)(4) of the Organic Foods Production Act of 1990
(7 U.S.C. 6522(c)(4)) is amended, in the matter
preceding subparagraph (A)--
(i) by striking ``2019 and'' and inserting
``2019,''; and
(ii) by striking ``2024'' and inserting
``2024, and $1,000,000 for fiscal year 2025''.
(C) National organic certification cost-share
program.--Section 10606(d)(1)(C) of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C.
6523(d)(1)(C)) is amended by striking ``2024'' and
inserting ``2025''.
(D) Multiple crop and pesticide use survey.--
Section 10109(c)(1) of the Agriculture Improvement Act
of 2018 (Public Law 115-334; 132 Stat. 4906) is
amended--
(i) by striking ``2019 and'' and inserting
``2019,''; and
(ii) by striking ``2024'' and inserting
``2024, and $100,000 for fiscal year 2025''.
(9) Miscellaneous.--
(A) Pima agriculture cotton trust fund.--Section
12314 of the Agricultural Act of 2014 (7 U.S.C. 2101
note; Public Law 113-79) is amended--
(i) in subsection (b), in the matter
preceding paragraph (1), by striking ``2024''
and inserting ``2025''; and
(ii) in subsection (h), by striking
``2024'' and inserting ``2025''.
(B) Agriculture wool apparel manufacturers trust
fund.--Section 12315 of the Agricultural Act of 2014 (7
U.S.C. 7101 note; Public Law 113-79) is amended by
striking ``2024'' each place it appears and inserting
``2025''.
(C) Wool research and promotion.--Section 12316(a)
of the Agricultural Act of 2014 (7 U.S.C. 7101 note;
Public Law 113-79) is amended by striking ``2024'' and
inserting ``2025''.
(D) Emergency citrus disease research and
development trust fund.--Section 12605(d) of the
Agriculture Improvement Act of 2018 (7 U.S.C. 7632
note; Public Law 115-334) is amended by striking
``2024'' and inserting ``2025''.
(E) Sheep production and marketing grant program.--
Section 209(c) of the Agricultural Marketing Act of
1946 (7 U.S.C. 1627a(c)) is amended by striking ``for
fiscal year 2024'' and inserting ``for each of fiscal
years 2024 and 2025''.
(10) Exceptions.--
(A) Mandatory funding.--Subsection (a) does not
apply with respect to mandatory funding under the
following provisions of law:
(i) Section 1614(c)(4) of the Agricultural
Act of 2014 (7 U.S.C. 9097(c)(4)).
(ii) Subparagraphs (A) and (B) of section
1241(a)(1) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(1)).
(B) Limitations.--Subsection (a) does not apply
with respect to limitations under the following
provisions of law in fiscal year 2025:
(i) Section 1240G of the Food Security Act
of 1985 (16 U.S.C. 3839aa-7).
(ii) Section 1240L(f) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-24(f)).
(e) Reports.--
(1) In general.--Subject to paragraph (2), any requirement
under a provision of law described in paragraph (1) of
subsection (a) to submit a report on a recurring basis, and the
final report under which was required to be submitted during
fiscal year 2024, shall continue, and the requirement shall be
carried out, on the same recurring basis, until the later of
the dates specified in paragraph (2) of that subsection.
(2) Appropriations required.--If discretionary
appropriations (as defined in section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c))) are required to carry out a reporting requirement
described in paragraph (1), the application of that paragraph
to that reporting requirement shall be subject to the
availability of appropriations.
(f) Effective Date.--Except with respect to subparagraph (C) of
subsection (d)(6) and the amendments made by such subparagraph, this
section and the amendments made by this section shall be applied and
administered as if this section and those amendments had been enacted
on September 30, 2024.
SEC. 2. RESCISSIONS.
(a) Rural Development Loans and Grants.--Of the unobligated
balances of amounts made available under section 313B(e)(2) of the
Rural Electrification Act of 1936 (7 U.S.C. 940c-2(e)(2)), $3,835,000
is rescinded.
(b) Biorefinery, Renewable Chemical, and Biobased Product
Manufacturing Assistance.--Of the unobligated balances of amounts made
available under section 9003(g)(1)(A) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8103(g)(1)(A)), $115,610,000 is
rescinded.
(c) Office of the Secretary.--Of the unobligated balances of
amounts made available under the heading ``Department of Agriculture--
Agricultural Programs--Office of the Secretary'' in title I of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136; 134 Stat. 505), $18,500,000 is rescinded.
(d) Distance Learning, Telemedicine, and Broadband Program.--Of the
unobligated balances of amounts made available under the heading
``Rural Development Programs--Rural Utilities Service--Distance
learning, telemedicine, and broadband program'' in title I of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136; 134 Stat. 507), $4,750,000 is rescinded.
<all>