118 HR 10445 IH: Further Continuing Appropriations and Disaster Relief Supplemental Appropriations Act, 2025
U.S. House of Representatives
2024-12-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 10445
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.
1.

Short title
This Act may be cited as the “Further Continuing Appropriations and Disaster Relief Supplemental Appropriations Act, 2025”.
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.
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.
A

Further Continuing Appropriations Act, 2025
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:
“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:
“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.
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.
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.
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.
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.
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.
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).
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.
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”.
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.
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.
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.
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.
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.
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.
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.
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”.
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:
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
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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.
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.
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.
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.
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.
XIII

General Provisions
21301.
Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.
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.
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.
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.
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.
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”.
C

Other Matters
I

Disaster Relief
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,”.
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).
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.
II

Recycling, Water, and Environment Related Provisions
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:
“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.
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.
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”.
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”.
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.
III

Foreign Affairs
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”.
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.
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.
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.
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.”.
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.”.
IV

Veterans
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.”.
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:
“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).
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.
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).
V

Comprehensive Outbound Investment National Security Act of 2024
1.

Short title
This title may be cited as the “Comprehensive Outbound Investment National Security Act of 2024” or “COINS Act of 2024”.
2.

Secretary defined
Except as otherwise provided, in this title, the term “Secretary” means the Secretary of the Treasury.
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.
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.
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.
A

Imposition of sanctions
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.
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.
B

Prohibition and notification on investments relating to covered national security transactions
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:
“VIII

Prohibition and notification on investments relating to covered national security transactions
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.
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.
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.
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.
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.
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.
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.”.
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”.
C

Securities and related matters
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).
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,”.
VI

Miscellaneous
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.
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.
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”.
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.
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.
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”.
607.

Additional special assessment
Section 3014 of title 18, United States Code, is amended by striking “December 23, 2024” and inserting “March 14, 2025”.
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”.
D

Commerce matters
I

Second Chance Reauthorization Act of 2024
101.

Short title
This Act may be cited as the “Second Chance Reauthorization Act of 2024”.
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”.
II

Youth Poisoning Prevention
201.

Short title
This title may be cited as the “Youth Poisoning Protection Act”.
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.
III

Consumer product safety standard for certain batteries
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.
IV

Foreign Adversary Communications Transparency Act
401.

Short title
This title may be cited as the “Foreign Adversary Communications Transparency Act”.
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.
V

Promoting Resilient Supply Chains
501.

Short title
This title may be cited as the “Promoting Resilient Supply Chains Act of 2024”.
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.
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).
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.
505.

No additional funds
No additional funds are authorized to be appropriated to carry out this title.
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.
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).
VI

Deploying American Blockchains
601.

Short title
This title may be cited as the “Deploying American Blockchains Act of 2024”.
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.
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.
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.
VII

FUTURE Networks Act
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”.
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).
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.
VIII

Secure Space Act of 2024
901.

Short title
This title may be cited as the “Secure Space Act of 2024”.
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:
“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).
IX

TAKE IT DOWN Act
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”.
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”.
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.
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).
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.
X

Rural Broadband Protection Act of 2024
1101.

Short title
This title may be cited as the “Rural Broadband Protection Act of 2024”.
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.”.
XI

American Music Tourism
1201.

Short title
This title may be cited as the “American Music Tourism Act of 2024”.
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.”.
XII

Informing Consumers about Smart Devices
1301.

Short title
This title may be cited as the “Informing Consumers about Smart Devices Act”.
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.
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.
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.
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.
XIII

Securing Semiconductor Supply Chains Act of 2024
1401.

Short title
This title may be cited as the “Securing Semiconductor Supply Chains Act of 2024” .
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).
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.
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.
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.
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.
XIV

Hotel Fees Transparency Act
1601.

Short title
This title may be cited as the “Hotel Fees Transparency Act of 2024”.
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.
XV

Transparency In Charges for Key Events Ticketing
1701.

Short title
This title may be cited as the “Transparency In Charges for Key Events Ticketing Act” or the “TICKET Act”.
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.
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.
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.
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.
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.
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.
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.
XVI

ROUTERS Act
1801.

Short title
This title may be cited as the “Removing Our Unsecure Technologies to Ensure Reliability and Security Act” or the “ROUTERS Act”.
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.
XVII

NTIA Reauthorization
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”.
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.
A

Reauthorization
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”.
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.
B

Office of Spectrum Management
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:
“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.”.
C

Office of International Affairs
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:
“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.”.
E

Health
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.
I

Medicaid
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.
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).
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.
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).
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.”.
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.”.
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).”.
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.
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.
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”.
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)).
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.
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.
II

Medicare
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.
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”.
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.
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”.
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”.
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”.
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.”.
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”.
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.
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”.
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.”.
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.
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.
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.
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.
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.
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.
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”.
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”.
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.”.
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).
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”.
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.
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.
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.
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.
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.
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.
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.”.
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”.
III

Human Services
A

Reauthorize Child Welfare Services and Strengthen State and Tribal Child Support Program
301.

Short title
This subtitle may be cited as the “Supporting America’s Children and Families Act”.
1

Child Welfare Reauthorization and Modernization
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.
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.
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.).”.
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
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:
“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.
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.
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:
“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”.
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.”.
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).”.
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)”.
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).”.
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).
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:
“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.”.
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.
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)”.
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.
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.
2

Strengthening State and Tribal Child Support
331.

Short title
This part may be cited as the “Strengthening State and Tribal Child Support Enforcement Act”.
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”.
B

Other matters
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”.
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”.
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”.
IV

Public health extenders
A

Extensions
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”.
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.”.
B

World Trade Center Health Program
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”.
V

SUPPORT Act Reauthorization
501.

Short title
This title may be cited as the “SUPPORT for Patients and Communities Reauthorization Act of 2024”.
A

Prevention
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”.
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”.
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”.
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:
“O

FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM
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.
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.
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.
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.”.
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”.
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.”.
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.
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.”.
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.
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.
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.
B

Treatment
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”.
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,”.
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”.
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”.
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).
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”.
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”.
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.
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).
C

Recovery
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”.
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”.
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”.
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.”.
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.”.
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”.
D

Miscellaneous matters
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.”.
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))”.
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.
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”.
VI

Pandemic and All-Hazards Preparedness and Response
601.

Short title
This title may be cited as the “Pandemic and All-Hazards Preparedness and Response Act”.
A

State and local readiness and response
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”.
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”.
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”.
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”.
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).”.
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:
“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.
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”.
B

Federal planning and coordination
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”.
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”.
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:
“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.”.
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”.
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”.
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.”.
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.”.
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.”.
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.
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.”.
C

Addressing the needs of all individuals
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).
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.).
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.”.
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).
D

Additional reauthorizations
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”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
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”.
VII

Public Health Programs
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”.
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.
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”.
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.
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.
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”.
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”.
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.
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.
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:
“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.”.
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:
“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.”.
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.”.
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.”.
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.”.
VIII

Food and Drug Administration
A

Give Kids a Chance
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).
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.
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”.
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).
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).
B

United States-Abraham Accords Cooperation and Security
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:
“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)).
IX

Lowering prescription drug costs
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:
“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:
“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:
“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.”.
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”.
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.
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.
X

Miscellaneous
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.
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.
F

A Stronger Workforce for America Act
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.
I

Workforce Development Activities
A

General Provisions
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.” .
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.
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.”.
B

System alignment
1

State Provisions
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)”.
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.
2

Local provisions
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.”.
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”.
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”.
3

Performance Accountability
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).”.
C

Workforce Investment Activities and Providers
1

Workforce Investment Activities and Providers
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,”.
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:
“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.
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”.
2

Youth Workforce Investment Activities
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.” .
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”.
3

Adult and Dislocated Worker Employment and Training Activities
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”
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).” .
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.”.
4

General Workforce Investment Provisions
145.

Authorization of appropriations
Section 136 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3181) is amended to read as follows:
“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.”.
D

Job Corps
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”.
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”.
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.”.
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”.
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”.
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”.
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”.
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.”.
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.”.
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.”.
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”.
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”.
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.” .
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”.
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.”.
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”.
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.”.
168.

Authorization of appropriations
Section 162 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3212) is amended to read as follows:
“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.”.
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”.
E

National programs
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.”.
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).”.
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).”.
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.”.
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.”.
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.”.
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:
“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.” .
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:
“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.”.
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:
“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.”.
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.”.
F

Administration
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.”.
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”.
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)”
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”.
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”.
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)”.
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:
“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.”.
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.”.
II

Adult Education and Literacy
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”.
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.”.
203.

Authorization of appropriations
Section 206 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3275) is amended to read as follows:
“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.”.
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)”.
205.

Performance accountability system
Section 212 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3292) is amended to read as follows:
“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.”.
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.”.
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.”.
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).”.
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.”.
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”.
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.”.
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”.
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”.
III

Amendments to other laws
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.”.
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.”.
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”.
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”.
IV

Department of Labor technical assistance
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.
V

General provisions
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:
“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.”.
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.
G

Older Americans Act Reauthorization Act of 2024
1.

Short title
This division may be cited as the “Older Americans Act Reauthorization Act of 2024”.
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.
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.).
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).
I

Strengthening the Aging Network to Meet the Needs of Older Individuals
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.”.
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.”.
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.”.
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:
“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.”.
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”.
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”.
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.
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.”.
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.”.
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)).”.
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.”.
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.”.
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:
“II

White House Conference on Aging
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.
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.
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.
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.”.
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”.
II

Improving Health Outcomes and Encouraging Independence for Older Individuals
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)”.
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”.
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.
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.
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;”.
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”.
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.”.
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).
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).
III

Enhancing Innovation and Flexibility in Nutrition Services
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”.
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.”.
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.
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:
“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.”.
IV

Supporting Family Caregivers
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”.
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;”.
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”.
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;”.
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.”.
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.”.
V

Community Service Senior Opportunities Act
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;”.
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.
VI

Improving Services for Native Elders
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.”.
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.”.
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.
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.
VII

Strengthening the Long-Term Care Ombudsman Programs and Elder Abuse Prevention
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”.
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;”.
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.”.
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:
“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.”.
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.
VIII

Authorizations of appropriations
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”.
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”.
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”.
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”.
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”.
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”.
H

Extension of Agricultural Program
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:
“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.
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.