TallyHQ
github
HR 7148 · 119th Congress · Economics and Public Finance

Consolidated Appropriations Act, 2026

Introduced January 20, 2026 Latest action February 03, 2026 0 cosponsors

Sponsor

Latest action

Became Public Law No: 119-75.

Action timeline

Every recorded action on this bill, newest first. Stage badges color-code the legislative path.

Feb 03, 2026
floor Pursuant to the provisions of H. Res. 1032, Mr. Cole called up the Senate amendments to H.R. 7148.
Feb 03, 2026
other Mr. Cole moved that the House agree to the Senate amendments (consideration: CR H1960-1967)
Feb 03, 2026
floor DEBATE - Pursuant to the provisions of H. Res. 1032, the House proceeded with one hour of debate on the motion to agree to the Senate amendments to H.R. 7148.
Feb 03, 2026
floor The previous question was ordered pursuant to the rule.
Feb 03, 2026
passed Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 217 - 214 (Roll no. 53).

Roll-call votes

Floor votes recorded on this bill.

Roll call #13 — On Cloture on the Motion to Proceed H.R. 7148

January 29, 2026 · Cloture on the Motion to Proceed Rejected
44
Yea
55
Nay
0
Missed
D 0–45 R 44–8 I 0–2
view official roll-call →

Roll call #20 — On Passage of the Bill H.R. 7148

January 30, 2026 · Bill Passed
70
Yea
29
Nay
0
Missed
D 22–23 R 47–5 I 1–1
view official roll-call →

Roll call #43 — On Agreeing to the Amendment

January 22, 2026 · Failed
164
Yea
268
Nay
4
Missed
D 4–211 (1 missed) R 160–57 (3 missed)
view official roll-call →

Roll call #44 — On Agreeing to the Amendment

January 22, 2026 · Failed
136
Yea
291
Nay
9
Missed
D 0–215 (1 missed) R 136–76 (8 missed)
view official roll-call →

Roll call #45 — On Passage

January 22, 2026 · Passed
341
Yea
88
Nay
2
Missed
D 149–64 R 192–24 (2 missed)
view official roll-call →

Roll call #53 — On Motion to Concur in the Senate Amendments

February 03, 2026 · Passed
217
Yea
214
Nay
1
Missed
D 21–193 R 196–21 (1 missed)
view official roll-call →

Text versions

Each stage of the bill — official text published by GPO. Click any format to read on congress.gov / govinfo.

Feb 04, 2026 Public Law
Jan 30, 2026 Engrossed Amendment Senate
XML
Jan 26, 2026 Placed on Calendar Senate
XML
Jan 22, 2026 Engrossed in House
XML
Jan 20, 2026 Introduced in House
XML
— Enrolled Bill
XML

CRS summaries

Plain-English summaries written by the Congressional Research Service — neutral, nonpartisan staff who summarize bills as they advance through stages. The authoritative description of what each version of the bill does.

Show 1 earlier CRS summary

via Congressional Research Service · published through congress.gov

Changelog
ⓘ

How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.

  1. ih / is — Introduced in House / Senate. First filed version.
  2. rfh / rfs — Referred to a committee for review.
  3. rh / rs — Reported back by the committee to the floor (often with amendments — this is where most language changes happen).
  4. pcs / pch — Placed on Calendar for floor consideration.
  5. eh / es — Engrossed. Passed by the originating chamber. Text is now what was actually voted on.
  6. rdh / rds — Received by the other chamber.
  7. eah / eas — Engrossed Amendment. The other chamber passed an amended version.
  8. ath / ats — Agreed to. Both chambers settled on the same text.
  9. enr — Enrolled. Final reconciled text, sent to the President.
  10. pl — Public Law. Signed by the President. It's now law.
  11. pp — Public Print. Official printing post-enactment.

Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.

Line-level diff between text versions of this bill — what actually changed at each legislative stage.

→
+10331 −14210 3364 unchanged
Generating AI summary
Reading both versions of the bill and writing a plain-English summary. Typical bills take 5–15 seconds; large reconciliation bills can take a minute. This summary will be cached after generation.
--- Placed on Calendar (Senate)
+++ Enrolled
@@ -1,48 +1,37 @@
[From the U.S. Government Publishing Office]
-[H.R. 7148 Placed on Calendar Senate (PCS)]
-
-<DOC>
-
-Calendar No. 302
-119th CONGRESS
-2d Session
-H. R. 7148
-
-_______________________________________________________________________
-
-IN THE SENATE OF THE UNITED STATES
-
-January 26 (legislative day, January 15), 2026
-
-Received; read the first time
-
-January 26, 2026
-
-Read the second time and placed on the calendar
-
-_______________________________________________________________________
-
-AN ACT
+[H.R. 7148 Enrolled Bill (ENR)]
+
+H.R.7148
+
+One Hundred Nineteenth Congress
+
+of the
+
+United States of America
+
+AT THE SECOND SESSION
+
+Begun and held at the City of Washington on Saturday,
+the third day of January, two thousand and twenty-six
+
+An Act
Making further consolidated appropriations for the fiscal year ending
September 30, 2026, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
-
SECTION 1. SHORT TITLE.
-
This Act may be cited as the ``Consolidated Appropriations Act,
2026''.
-
SEC. 2. TABLE OF CONTENTS.
-
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Payment to Widows and Heirs of Deceased Members of Congress.
+
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026
Title I--Military Personnel
@@ -53,6 +42,7 @@
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
+
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026
@@ -61,6 +51,7 @@
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
+
DIVISION D--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2026
@@ -68,6 +59,7 @@
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
+
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2026
@@ -80,8 +72,9 @@
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
-DIVISION F--NATIONAL SECURITY, DEPARTMENT OF STATE, AND RELATED
-PROGRAMS APPROPRIATIONS ACT, 2026
+
+DIVISION F--NATIONAL SECURITY, DEPARTMENT OF STATE, AND RELATED PROGRAMS
+APPROPRIATIONS ACT, 2026
Title I--Department of State and Related Programs
Title II--Administration of Assistance
@@ -90,62 +83,41 @@
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
+
DIVISION G--OTHER MATTERS
-DIVISION H--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2026
-
-Title I--Departmental Management, Intelligence, Situational Awareness,
-and Oversight
-Title II--Security, Enforcement, and Investigations
-Title III--Protection, Preparedness, Response, and Recovery
-Title IV--Research, Development, Training, and Services
-Title V--General Provisions
+DIVISION H--FURTHER CONTINUING APPROPRIATIONS ACT, 2026
+
DIVISION I--AUTHORIZING EXTENDERS AND TECHNICAL CORRECTIONS
DIVISION J--HEALTH CARE EXTENDERS
SEC. 3. REFERENCES.
-
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
-
SEC. 4. EXPLANATORY STATEMENT.
-
-The explanatory statement regarding this Act, printed in
-the House section of the Congressional Record on or about
-January 21, 2026, and submitted by the chair of the Committee
-on Appropriations of the House, shall have the same effect with
-respect to the allocation of funds and implementation of
-divisions A through D of this Act as if it were a joint
-explanatory statement of a committee of conference.
-The explanatory statement regarding division A of H.R. 7006
-of the 119th Congress, the explanatory statement regarding
-division B of H.R. 7006 of the 119th Congress, and the
-explanatory statement regarding division C of H.R. 7006 of the
-119th Congress, printed in the House section of the
-Congressional Record on January 14, 2026, and submitted by the
-chair of the Committee on Appropriations of the House, shall
-each have the same effect with respect to the allocation of
-funds and implementation of divisions E, F, and G,
-respectively, of this Act as if they were each a joint
-explanatory statement of a committee of conference.
-The explanatory statement regarding H.R. 7147 of the 119th
-Congress, printed in the House section of the Congressional
-Record on or about January 21, 2026, and submitted by the chair
-of the Committee on Appropriations of the House, shall have the
-same effect with respect to the allocation of funds and
-implementation of division H of this Act as if it were a joint
-explanatory statement of a committee of conference.
-
+The explanatory statement regarding this Act, printed in the House
+section of the Congressional Record on or about January 21, 2026, and
+submitted by the chair of the Committee on Appropriations of the House,
+shall have the same effect with respect to the allocation of funds and
+implementation of divisions A through D of this Act as if it were a
+joint explanatory statement of a committee of conference.
+The explanatory statement regarding division A of H.R. 7006 of the
+119th Congress, the explanatory statement regarding division B of H.R.
+7006 of the 119th Congress, and the explanatory statement regarding
+division C of H.R. 7006 of the 119th Congress, printed in the House
+section of the Congressional Record on January 14, 2026, and submitted
+by the chair of the Committee on Appropriations of the House, shall
+each have the same effect with respect to the allocation of funds and
+implementation of divisions E, F, and G, respectively, of this Act as
+if they were each a joint explanatory statement of a committee of
+conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
-
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2026.
-
SEC. 6. PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS.
-
For payment to Jill Marie LaMalfa, widow of Douglas L. LaMalfa,
late a Representative from the State of California, $174,000.
@@ -820,8 +792,7 @@
Auxiliary Vessels, $290,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $886,846,000; and
-Completion of Prior Year Shipbuilding Programs,
-$1,676,587,000.
+Completion of Prior Year Shipbuilding Programs, $1,676,587,000.
In all: $27,151,616,000, to remain available for obligation until
September 30, 2030: Provided, That additional obligations may be
incurred after September 30, 2030, for engineering services, tests,
@@ -1248,13 +1219,13 @@
to the congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2026: Provided, That the report shall include--
-(1) a table for each appropriation with a separate column
-to display the President's budget request, adjustments made by
-Congress, adjustments due to enacted rescissions, if
-appropriate, and the fiscal year enacted level;
-(2) a delineation in the table for each appropriation both
-by budget activity and program, project, and activity as
-detailed in the Budget Appendix; and
+(1) a table for each appropriation with a separate column to
+display the President's budget request, adjustments made by
+Congress, adjustments due to enacted rescissions, if appropriate,
+and the fiscal year enacted level;
+(2) a delineation in the table for each appropriation both by
+budget activity and program, project, and activity as detailed in
+the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
@@ -1269,10 +1240,9 @@
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
-(5) ``Environmental Restoration, Formerly Used Defense
-Sites''; and
-(6) ``Drug Interdiction and Counter-drug Activities,
-Defense''.
+(5) ``Environmental Restoration, Formerly Used Defense Sites'';
+and
+(6) ``Drug Interdiction and Counter-drug Activities, Defense''.
(transfer of funds)
@@ -1326,24 +1296,23 @@
for this fiscal year or any prior fiscal year may be used for a
multiyear contract executed after the date of the enactment of this Act
unless in the case of any such contract--
-(1) the Secretary of Defense has submitted to Congress a
-budget request for full funding of units to be procured through
-the contract and, in the case of a contract for procurement of
+(1) the Secretary of Defense has submitted to Congress a budget
+request for full funding of units to be procured through the
+contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
-through the contract for which procurement funds are requested
-in that budget request for production beyond advance
-procurement activities in the fiscal year covered by the
-budget, full funding of procurement of such unit in that fiscal
-year;
+through the contract for which procurement funds are requested in
+that budget request for production beyond advance procurement
+activities in the fiscal year covered by the budget, full funding
+of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
-consideration of recurring manufacturing costs of the
-contractor associated with the production of unfunded units to
-be delivered under the contract;
-(3) the contract provides that payments to the contractor
-under the contract shall not be made in advance of incurred
-costs on funded units; and
-(4) the contract does not provide for a price adjustment
-based on a failure.
+consideration of recurring manufacturing costs of the contractor
+associated with the production of unfunded units to be delivered
+under the contract;
+(3) the contract provides that payments to the contractor under
+the contract shall not be made in advance of incurred costs on
+funded units; and
+(4) the contract does not provide for a price adjustment based
+on a failure.
(c) Concurrent with the annual budget submission of the President
for fiscal year 2027 pursuant to section 1105(a) of title 31, United
States Code, that is in compliance with subsection (b)(1), and
@@ -1547,14 +1516,13 @@
than $79,000,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $57,900,000 shall be available from ``Operation and
-Maintenance, Air Force'' to support Civil Air Patrol
-Corporation operation and maintenance, readiness, counter-drug
-activities, and drug demand reduction activities involving
-youth programs;
-(2) $17,800,000 shall be available from ``Aircraft
-Procurement, Air Force''; and
-(3) $3,300,000 shall be available from ``Other Procurement,
-Air Force'' for vehicle procurement.
+Maintenance, Air Force'' to support Civil Air Patrol Corporation
+operation and maintenance, readiness, counter-drug activities, and
+drug demand reduction activities involving youth programs;
+(2) $17,800,000 shall be available from ``Aircraft Procurement,
+Air Force''; and
+(3) $3,300,000 shall be available from ``Other Procurement, Air
+Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
@@ -1745,10 +1713,9 @@
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
-after such date under contracts that are entered into before
-such date if the option prices are adjusted for any reason
-other than the application of a waiver granted under subsection
-(a).
+after such date under contracts that are entered into before such
+date if the option prices are adjusted for any reason other than
+the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
@@ -1836,10 +1803,10 @@
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
-civilian employee of the Department of Defense who is
-transferred or reassigned from a headquarters activity if the
-member or employee's place of duty remains at the location of
-that headquarters.
+civilian employee of the Department of Defense who is transferred
+or reassigned from a headquarters activity if the member or
+employee's place of duty remains at the location of that
+headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
@@ -1849,14 +1816,14 @@
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
-(2) an Army field operating agency established to
-eliminate, mitigate, or counter the effects of improvised
-explosive devices, and, as determined by the Secretary of the
-Army, other similar threats;
-(3) an Army field operating agency established to improve
-the effectiveness and efficiencies of biometric activities and
-to integrate common biometric technologies throughout the
-Department of Defense; or
+(2) an Army field operating agency established to eliminate,
+mitigate, or counter the effects of improvised explosive devices,
+and, as determined by the Secretary of the Army, other similar
+threats;
+(3) an Army field operating agency established to improve the
+effectiveness and efficiencies of biometric activities and to
+integrate common biometric technologies throughout the Department
+of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
@@ -1866,33 +1833,30 @@
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
-(1) the conversion is based on the result of a public-
-private competition that includes a most efficient and cost
-effective organization plan developed by such activity or
-function;
-(2) the Competitive Sourcing Official determines that, over
-all performance periods stated in the solicitation of offers
-for performance of the activity or function, the cost of
-performance of the activity or function by a contractor would
-be less costly to the Department of Defense by an amount that
-equals or exceeds the lesser of--
+(1) the conversion is based on the result of a public-private
+competition that includes a most efficient and cost effective
+organization plan developed by such activity or function;
+(2) the Competitive Sourcing Official determines that, over all
+performance periods stated in the solicitation of offers for
+performance of the activity or function, the cost of performance of
+the activity or function by a contractor would be less costly to
+the Department of Defense by an amount that equals or exceeds the
+lesser of--
(A) 10 percent of the most efficient organization's
-personnel-related costs for performance of that
-activity or function by Federal employees; or
+personnel-related costs for performance of that activity or
+function by Federal employees; or
(B) $10,000,000; and
-(3) the contractor does not receive an advantage for a
-proposal that would reduce costs for the Department of Defense
-by--
-(A) not making an employer-sponsored health
-insurance plan available to the workers who are to be
-employed in the performance of that activity or
-function under the contract; or
-(B) offering to such workers an employer-sponsored
-health benefits plan that requires the employer to
-contribute less towards the premium or subscription
-share than the amount that is paid by the Department of
-Defense for health benefits for civilian employees
-under chapter 89 of title 5, United States Code.
+(3) the contractor does not receive an advantage for a proposal
+that would reduce costs for the Department of Defense by--
+(A) not making an employer-sponsored health insurance plan
+available to the workers who are to be employed in the
+performance of that activity or function under the contract; or
+(B) offering to such workers an employer-sponsored health
+benefits plan that requires the employer to contribute less
+towards the premium or subscription share than the amount that
+is paid by the Department of Defense for health benefits for
+civilian employees under chapter 89 of title 5, United States
+Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
@@ -1900,19 +1864,19 @@
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
-(A) is included on the procurement list established
-pursuant to section 2 of the Javits-Wagner-O'Day Act (section
-8503 of title 41, United States Code);
-(B) is planned to be converted to performance by a
-qualified nonprofit agency for the blind or by a qualified
-nonprofit agency for other severely handicapped individuals in
-accordance with that Act; or
-(C) is planned to be converted to performance by a
-qualified firm under at least 51 percent ownership by an Indian
-tribe, as defined in section 4(e) of the Indian Self-
-Determination and Education Assistance Act (25 U.S.C. 450b(e)),
-or a Native Hawaiian Organization, as defined in section
-8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
+(A) is included on the procurement list established pursuant to
+section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41,
+United States Code);
+(B) is planned to be converted to performance by a qualified
+nonprofit agency for the blind or by a qualified nonprofit agency
+for other severely handicapped individuals in accordance with that
+Act; or
+(C) is planned to be converted to performance by a qualified
+firm under at least 51 percent ownership by an Indian tribe, as
+defined in section 4(e) of the Indian Self-Determination and
+Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian
+Organization, as defined in section 8(a)(15) of the Small Business
+Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
@@ -1933,36 +1897,33 @@
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:
-``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2020/
-2031, $240,245,000;
-``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2022/
-2026, $418,624,000;
-``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2023/
-2027, $483,391,000;
+``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2020/2031,
+$240,245,000;
+``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2022/2026,
+$418,624,000;
+``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2023/2027,
+$483,391,000;
``Cooperative Threat Reduction Account'', 2024/2026,
$33,936,000;
``Other Procurement, Army'', 2024/2026, $15,000,000;
``Weapons Procurement, Navy'', 2024/2026, $2,943,000;
-``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2024/
-2028, $1,271,572,000;
-``Aircraft Procurement, Air Force'', 2024/2026,
-$25,397,000;
+``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2024/2028,
+$1,271,572,000;
+``Aircraft Procurement, Air Force'', 2024/2026, $25,397,000;
``Missile Procurement, Air Force'', 2024/2026, $41,189,000;
``Procurement, Space Force'', 2024/2026, $107,100,000;
``Defense Health Program'', 2024/2026, $10,473,000;
``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', 2025/2026, $50,000,000;
-``Procurement of Weapons and Tracked Combat Vehicles,
-Army'', 2025/2027, $452,647,000;
+``Procurement of Weapons and Tracked Combat Vehicles, Army'',
+2025/2027, $452,647,000;
``Other Procurement, Army'', 2025/2027, $119,887,000;
``Aircraft Procurement, Navy'', 2025/2027, $155,711,000;
``Weapons Procurement, Navy'', 2025/2027, $200,272,000;
-``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2025/
-2029, $151,230,000;
-``Aircraft Procurement, Air Force'', 2025/2027,
-$193,555,000;
-``Missile Procurement, Air Force'', 2025/2027,
-$209,045,000;
+``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2025/2029,
+$151,230,000;
+``Aircraft Procurement, Air Force'', 2025/2027, $193,555,000;
+``Missile Procurement, Air Force'', 2025/2027, $209,045,000;
``Other Procurement, Air Force'', 2025/2027, $186,638,000;
``Procurement, Space Force'', 2025/2027, $339,196,000;
``Procurement, Defense-Wide'', 2025/2027, $11,807,000;
@@ -1972,10 +1933,10 @@
2026, $82,461,000;
``Research, Development, Test and Evaluation, Air Force'',
2025/2026, $329,435,000;
-``Research, Development, Test and Evaluation, Space
-Force'', 2025/2026, $370,149,000; and
-``Defense Modernization Account , Defense-Wide'', 2025/
-2028, $28,249,000.
+``Research, Development, Test and Evaluation, Space Force'',
+2025/2026, $370,149,000; and
+``Defense Modernization Account , Defense-Wide'', 2025/2028,
+$28,249,000.
Sec. 8047. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
@@ -2024,10 +1985,10 @@
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
-(1) such costs are for a bonus or otherwise in excess of
-the normal salary paid by the contractor to the employee; and
-(2) such bonus is part of restructuring costs associated
-with a business combination.
+(1) such costs are for a bonus or otherwise in excess of the
+normal salary paid by the contractor to the employee; and
+(2) such bonus is part of restructuring costs associated with a
+business combination.
(including transfer of funds)
@@ -2184,8 +2145,8 @@
Sec. 8064. (a) None of the funds appropriated in this or any other
Act, including prior year Acts, may be used to implement a change to--
(1) the appropriations account structure for the National
-Intelligence Program budget, including through the creation of
-a new appropriation or new appropriation account;
+Intelligence Program budget, including through the creation of a
+new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
@@ -2206,15 +2167,14 @@
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
-(1) provide the proposed alternatives to all affected
-agencies;
-(2) receive certification from all affected agencies
-attesting that the proposed alternatives will not adversely
-affect counterintelligence; and
+(1) provide the proposed alternatives to all affected agencies;
+(2) receive certification from all affected agencies attesting
+that the proposed alternatives will not adversely affect
+counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
-alternatives and certifications to the congressional defense
-and intelligence committees.
+alternatives and certifications to the congressional defense and
+intelligence committees.
(including transfer of funds)
@@ -2315,51 +2275,46 @@
heading ``Shipbuilding and Conversion, Navy'', $1,676,587,000 shall be
available until September 30, 2026, to fund prior year shipbuilding
cost increases for the following programs:
-(1) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2013/2026: Carrier Replacement Program, $150,000,000;
-(2) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2016/2026: Virginia Class Submarine Program,
-$121,538,000;
-(3) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2016/2026: DDG 51 Program, $14,892,000;
-(4) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2017/2026: Virginia Class Submarine Program,
-$99,116,000;
-(5) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2017/2026: DDG 51 Program, $62,365,000;
-(6) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2017/2026: LHA Replacement Program, $93,603,000;
-(7) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2018/2026: Virginia Class Submarine Program,
-$289,761,000;
-(8) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2018/2026: DDG 51 Program, $104,238,000;
-(9) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2018/2026: LPD Flight II Program, $93,442,000;
-(10) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2018/2026: Oceanographic Ships Program, $6,015,000;
-(11) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2019/2026: Littoral Combat Ship Program, $5,766,000;
-(12) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2019/2026: T-AO Fleet Oiler Program, $15,400,000;
-(13) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2019/2026: Ship to Shore Connector Program,
-$15,480,000;
-(14) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2020/2026: CVN Refueling Overhauls, $483,100,000;
-(15) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2020/2026: T-AO Fleet Oiler Program, $48,260,000;
-(16) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2022/2026: T-AO Fleet Oiler Program, $19,650,000;
-(17) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2022/2026: Expeditionary Sea Base Program, $30,000,000;
-(18) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2022/2026: Expeditionary Fast Transport Program,
-$11,231,000;
-(19) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2023/2026: T-AO Fleet Oiler Program, $6,530,000; and
-(20) Under the heading ``Shipbuilding and Conversion,
-Navy'', 2024/2026: T-AO Fleet Oiler Program, $6,200,000.
+(1) Under the heading ``Shipbuilding and Conversion, Navy'',
+2013/2026: Carrier Replacement Program, $150,000,000;
+(2) Under the heading ``Shipbuilding and Conversion, Navy'',
+2016/2026: Virginia Class Submarine Program, $121,538,000;
+(3) Under the heading ``Shipbuilding and Conversion, Navy'',
+2016/2026: DDG 51 Program, $14,892,000;
+(4) Under the heading ``Shipbuilding and Conversion, Navy'',
+2017/2026: Virginia Class Submarine Program, $99,116,000;
+(5) Under the heading ``Shipbuilding and Conversion, Navy'',
+2017/2026: DDG 51 Program, $62,365,000;
+(6) Under the heading ``Shipbuilding and Conversion, Navy'',
+2017/2026: LHA Replacement Program, $93,603,000;
+(7) Under the heading ``Shipbuilding and Conversion, Navy'',
+2018/2026: Virginia Class Submarine Program, $289,761,000;
+(8) Under the heading ``Shipbuilding and Conversion, Navy'',
+2018/2026: DDG 51 Program, $104,238,000;
+(9) Under the heading ``Shipbuilding and Conversion, Navy'',
+2018/2026: LPD Flight II Program, $93,442,000;
+(10) Under the heading ``Shipbuilding and Conversion, Navy'',
+2018/2026: Oceanographic Ships Program, $6,015,000;
+(11) Under the heading ``Shipbuilding and Conversion, Navy'',
+2019/2026: Littoral Combat Ship Program, $5,766,000;
+(12) Under the heading ``Shipbuilding and Conversion, Navy'',
+2019/2026: T-AO Fleet Oiler Program, $15,400,000;
+(13) Under the heading ``Shipbuilding and Conversion, Navy'',
+2019/2026: Ship to Shore Connector Program, $15,480,000;
+(14) Under the heading ``Shipbuilding and Conversion, Navy'',
+2020/2026: CVN Refueling Overhauls, $483,100,000;
+(15) Under the heading ``Shipbuilding and Conversion, Navy'',
+2020/2026: T-AO Fleet Oiler Program, $48,260,000;
+(16) Under the heading ``Shipbuilding and Conversion, Navy'',
+2022/2026: T-AO Fleet Oiler Program, $19,650,000;
+(17) Under the heading ``Shipbuilding and Conversion, Navy'',
+2022/2026: Expeditionary Sea Base Program, $30,000,000;
+(18) Under the heading ``Shipbuilding and Conversion, Navy'',
+2022/2026: Expeditionary Fast Transport Program, $11,231,000;
+(19) Under the heading ``Shipbuilding and Conversion, Navy'',
+2023/2026: T-AO Fleet Oiler Program, $6,530,000; and
+(20) Under the heading ``Shipbuilding and Conversion, Navy'',
+2024/2026: T-AO Fleet Oiler Program, $6,200,000.
Sec. 8073. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities and
intelligence-related activities not otherwise authorized in the
@@ -2431,10 +2386,10 @@
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2026: Provided, That the report shall include--
-(1) a table for each appropriation with a separate column
-to display the President's budget request, adjustments made by
-Congress, adjustments due to enacted rescissions, if
-appropriate, and the fiscal year enacted level;
+(1) a table for each appropriation with a separate column to
+display the President's budget request, adjustments made by
+Congress, adjustments due to enacted rescissions, if appropriate,
+and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
@@ -2459,13 +2414,12 @@
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
-(3) transfers funding into or out of the National
-Intelligence Program; or
+(3) transfers funding into or out of the National Intelligence
+Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
-advance of such reprogramming of funds; this notification
-period may be reduced for urgent national security
-requirements.
+advance of such reprogramming of funds; this notification period
+may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
@@ -2492,21 +2446,20 @@
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
-employment, that the employee or independent contractor agree
-to resolve through arbitration any claim under title VII of the
-Civil Rights Act of 1964 or any tort related to or arising out
-of sexual assault or harassment, including assault and battery,
-intentional infliction of emotional distress, false
-imprisonment, or negligent hiring, supervision, or retention;
-or
+employment, that the employee or independent contractor agree to
+resolve through arbitration any claim under title VII of the Civil
+Rights Act of 1964 or any tort related to or arising out of sexual
+assault or harassment, including assault and battery, intentional
+infliction of emotional distress, false imprisonment, or negligent
+hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
-agreement with an employee or independent contractor that
-mandates that the employee or independent contractor resolve
-through arbitration any claim under title VII of the Civil
-Rights Act of 1964 or any tort related to or arising out of
-sexual assault or harassment, including assault and battery,
-intentional infliction of emotional distress, false
-imprisonment, or negligent hiring, supervision, or retention.
+agreement with an employee or independent contractor that mandates
+that the employee or independent contractor resolve through
+arbitration any claim under title VII of the Civil Rights Act of
+1964 or any tort related to or arising out of sexual assault or
+harassment, including assault and battery, intentional infliction
+of emotional distress, false imprisonment, or negligent hiring,
+supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
@@ -2597,14 +2550,13 @@
Sec. 8092. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
-Foreign Intelligence Surveillance Act of 1978 for the purpose
-of targeting a United States person; or
-(2) acquire, monitor, or store the contents (as such term
-is defined in section 2510(8) of title 18, United States Code)
-of any electronic communication of a United States person from
-a provider of electronic communication services to the public
-pursuant to section 501 of the Foreign Intelligence
-Surveillance Act of 1978.
+Foreign Intelligence Surveillance Act of 1978 for the purpose of
+targeting a United States person; or
+(2) acquire, monitor, or store the contents (as such term is
+defined in section 2510(8) of title 18, United States Code) of any
+electronic communication of a United States person from a provider
+of electronic communication services to the public pursuant to
+section 501 of the Foreign Intelligence Surveillance Act of 1978.
Sec. 8093. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
@@ -2657,12 +2609,12 @@
Sec. 8097. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
-(1) the Rapid Prototyping Fund established under section
-804(d) of the National Defense Authorization Act for Fiscal
-Year 2016 (10 U.S.C. 2302 note); or
-(2) credited to a military-department specific fund
-established under section 804(d)(2) of the National Defense
-Authorization Act for Fiscal Year 2016.
+(1) the Rapid Prototyping Fund established under section 804(d)
+of the National Defense Authorization Act for Fiscal Year 2016 (10
+U.S.C. 2302 note); or
+(2) credited to a military-department specific fund established
+under section 804(d)(2) of the National Defense Authorization Act
+for Fiscal Year 2016.
Sec. 8098. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
@@ -2711,8 +2663,7 @@
0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
-(4) Space Domain Awareness/Planning/Tasking SW (PE
-1208248SF);
+(4) Space Domain Awareness/Planning/Tasking SW (PE 1208248SF);
(5) Global Command and Control System (PE 0303150K);
(6) Acquisition Visibility (PE 0608648D8Z);
(7) Enterprise Platforms and Capabilities--Software Pilot
@@ -2737,15 +2688,15 @@
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
-Restructuring Act of 1998 (division G of Public Law 105-277;
-112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
-prescribed thereto, including regulations under part 208 of
-title 8, Code of Federal Regulations, and part 95 of title 22,
-Code of Federal Regulations.
+Restructuring Act of 1998 (division G of Public Law 105-277; 112
+Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
+thereto, including regulations under part 208 of title 8, Code of
+Federal Regulations, and part 95 of title 22, Code of Federal
+Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
-Emergency Supplemental Appropriations to Address Hurricanes in
-the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
-Law 109-148).
+Emergency Supplemental Appropriations to Address Hurricanes in the
+Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
+148).
Sec. 8105. None of the funds made available by this Act may be
used to provide arms, training, or other assistance to the Azov
Battalion.
@@ -2846,15 +2797,14 @@
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that--
-(1) Rosoboronexport has ceased the transfer of lethal
-military equipment to, and the maintenance of existing lethal
-military equipment for, the Government of the Syrian Arab
-Republic;
-(2) the armed forces of the Russian Federation have
-withdrawn from Ukraine; and
-(3) agents of the Russian Federation have ceased taking
-active measures to destabilize the control of the Government of
-Ukraine over eastern Ukraine.
+(1) Rosoboronexport has ceased the transfer of lethal military
+equipment to, and the maintenance of existing lethal military
+equipment for, the Government of the Syrian Arab Republic;
+(2) the armed forces of the Russian Federation have withdrawn
+from Ukraine; and
+(3) agents of the Russian Federation have ceased taking active
+measures to destabilize the control of the Government of Ukraine
+over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
@@ -2886,12 +2836,11 @@
(b) Each report required by subsection (a) shall also include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
-(2) an identification of the military department and units
-that participated in each such activity or exercise (including
-an estimate of the number of participants);
-(3) the total cost of the activity or exercise, by budget
-line item (with a breakdown by cost element such as
-transportation); and
+(2) an identification of the military department and units that
+participated in each such activity or exercise (including an
+estimate of the number of participants);
+(3) the total cost of the activity or exercise, by budget line
+item (with a breakdown by cost element such as transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be submitted in
@@ -2947,10 +2896,10 @@
available by this or any other Act shall be obligated or expended by
the United States Government for any of the following purposes:
(1) To establish any military installation or base for the
-purpose of providing for the permanent stationing of United
-States Armed Forces in Iraq.
-(2) To exercise United States control over any oil resource
-of Iraq or Syria.
+purpose of providing for the permanent stationing of United States
+Armed Forces in Iraq.
+(2) To exercise United States control over any oil resource of
+Iraq or Syria.
Sec. 8120. Up to $500,000,000 of the funds appropriated by this
Act under the heading ``Operation and Maintenance, Defense-Wide'' for
the Defense Security Cooperation Agency may be used to support the
@@ -2959,8 +2908,7 @@
hereby reduced by $1,050,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $100,000,000;
-(2) From ``Operation and Maintenance, Navy'', $450,000,000;
-and
+(2) From ``Operation and Maintenance, Navy'', $450,000,000; and
(3) From ``Operation and Maintenance, Air Force'',
$500,000,000.
Sec. 8122. Of the funds appropriated in this Act under the heading
@@ -2980,12 +2928,12 @@
Defense for Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall apply such
policy and guidance, except that--
-(1) the limitation on periods regarding embryo
-cryopreservation and storage set forth in part III(G) and in
-part IV(H) of such memorandum shall not apply; and
-(2) the term ``assisted reproductive technology'' shall
-include embryo cryopreservation and storage without limitation
-on the duration of such cryopreservation and storage.
+(1) the limitation on periods regarding embryo cryopreservation
+and storage set forth in part III(G) and in part IV(H) of such
+memorandum shall not apply; and
+(2) the term ``assisted reproductive technology'' shall include
+embryo cryopreservation and storage without limitation on the
+duration of such cryopreservation and storage.
Sec. 8124. The Secretary of Defense may obligate funds made
available by this Act for procurement or for research, development,
test and evaluation for the F-35 Joint Strike Fighter to modify not
@@ -3039,15 +2987,13 @@
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
-(3) an identification of the intended purpose of such
-funds;
-(4) an identification of the recipient or prospective
-recipient of such funds (including any third-party entity
-recipient, as applicable);
+(3) an identification of the intended purpose of such funds;
+(4) an identification of the recipient or prospective recipient
+of such funds (including any third-party entity recipient, as
+applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
-(6) any other information the Secretary determines
-appropriate.
+(6) any other information the Secretary determines appropriate.
Sec. 8130. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
@@ -3055,9 +3001,8 @@
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
-(2) is or was held on or after June 24, 2009, at United
-States Naval Station, Guantanamo Bay, Cuba, by the Department
-of Defense.
+(2) is or was held on or after June 24, 2009, at United States
+Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 8131. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
@@ -3078,13 +3023,13 @@
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
-(1) is not a citizen of the United States or a member of
-the Armed Forces of the United States; and
+(1) is not a citizen of the United States or a member of the
+Armed Forces of the United States; and
(2) is--
-(A) in the custody or under the effective control
-of the Department of Defense; or
-(B) otherwise under detention at United States
-Naval Station, Guantanamo Bay, Cuba.
+(A) in the custody or under the effective control of the
+Department of Defense; or
+(B) otherwise under detention at United States Naval
+Station, Guantanamo Bay, Cuba.
Sec. 8133. None of the funds made available by this Act may be
used to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
@@ -3136,11 +3081,11 @@
(1) proposed allocations by account, by fiscal year, and by
program, project, or activity, with detailed justifications;
(2) P-1 and R-1 budget justification documents, which shall
-identify the allocation of funds by program, project, and
-activity; and
-(3) budget justification documents, to be known as M-1 and
-O-1, which shall identify the allocation of funds by budget
-activity, activity group, and sub-activity group.
+identify the allocation of funds by program, project, and activity;
+and
+(3) budget justification documents, to be known as M-1 and O-1,
+which shall identify the allocation of funds by budget activity,
+activity group, and sub-activity group.
(b) Subsequent to the submission required in subsection (a), the
Secretary of Defense shall submit to the Committees on Appropriations
of the House of Representatives and Senate quarterly reports on the
@@ -3202,12 +3147,12 @@
used to close--
(1) the Rock Island Arsenal Museum located in Rock Island
Arsenal, Illinois;
-(2) the Fort Sill National Historic Landmark and Museum
-located in Lawton, Oklahoma;
+(2) the Fort Sill National Historic Landmark and Museum located
+in Lawton, Oklahoma;
(3) the United States Army Transportation Museum located at
Fort Eustis, Virginia; or
-(4) the General George Patton Museum of Leadership located
-at Fort Knox, Kentucky.
+(4) the General George Patton Museum of Leadership located at
+Fort Knox, Kentucky.
Sec. 8143. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $1,000,000,000, to remain available until
@@ -3307,10 +3252,10 @@
$157,000,000;
``Research, Development, Test and Evaluation, Air Force'',
$325,000,000;
-``Research, Development, Test and Evaluation, Space
-Force'', $140,000,000; and
-``Research, Development, Test and Evaluation, Defense-
-Wide'', $238,000,000:
+``Research, Development, Test and Evaluation, Space Force'',
+$140,000,000; and
+``Research, Development, Test and Evaluation, Defense-Wide'',
+$238,000,000:
Provided, That this section shall not apply to appropriations for the
National Intelligence Program: Provided further, That if a law
reauthorizing 15 U.S.C. 638 for fiscal year 2026 is enacted after the
@@ -3346,18 +3291,17 @@
Force, and Department of Defense and the ``Research, Development, Test
and Evaluation, Defense-Wide'' account, only for the following
purposes--
-(1) investment in modernization, expansion, or
-facilitization of the solid rocket motor industrial base,
-including capital equipment, tooling, and facility upgrades;
+(1) investment in modernization, expansion, or facilitization
+of the solid rocket motor industrial base, including capital
+equipment, tooling, and facility upgrades;
(2) workforce development, training, and retention;
(3) supplier base expansion and qualification, including
-second- and third-tier vendors and non-traditional
-manufacturers;
+second- and third-tier vendors and non-traditional manufacturers;
(4) process improvements, automation, and digital
manufacturing; and
-(5) risk reduction and surge capacity initiatives necessary
-to ensure reliable, affordable, and timely production of solid
-rocket motors and related energetics:
+(5) risk reduction and surge capacity initiatives necessary to
+ensure reliable, affordable, and timely production of solid rocket
+motors and related energetics:
(b) Not later than 60 days after the date of the enactment of this
Act, the Secretary of Defense shall provide a briefing to the
congressional defense committees on planned activities under this
@@ -3398,171 +3342,152 @@
Apprenticeship Act, $3,981,588,000 plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
-activities, youth activities, and dislocated worker employment
-and training activities, $2,919,332,000 as follows:
+activities, youth activities, and dislocated worker employment and
+training activities, $2,919,332,000 as follows:
(A) $875,649,000 for adult employment and training
-activities, of which $163,649,000 shall be available
-for the period July 1, 2026 through June 30, 2027, and
-of which $712,000,000 shall be available for the period
-October 1, 2026 through June 30, 2027;
-(B) $948,130,000 for youth activities, which shall
-be available for the period April 1, 2026 through June
-30, 2027; and
-(C) $1,095,553,000 for dislocated worker employment
-and training activities, of which $235,553,000 shall be
-available for the period July 1, 2026 through June 30,
-2027, and of which $860,000,000 shall be available for
-the period October 1, 2026 through June 30, 2027:
+activities, of which $163,649,000 shall be available for the
+period July 1, 2026 through June 30, 2027, and of which
+$712,000,000 shall be available for the period October 1, 2026
+through June 30, 2027;
+(B) $948,130,000 for youth activities, which shall be
+available for the period April 1, 2026 through June 30, 2027;
+and
+(C) $1,095,553,000 for dislocated worker employment and
+training activities, of which $235,553,000 shall be available
+for the period July 1, 2026 through June 30, 2027, and of which
+$860,000,000 shall be available for the period October 1, 2026
+through June 30, 2027:
Provided, That the funds available for allotment to outlying
-areas to carry out subtitle B of title I of the WIOA shall not
-be subject to the requirements of section 127(b)(1)(B)(ii) of
-such Act: Provided further, That notwithstanding the
-requirements of WIOA, outlying areas may submit a single
-application for a consolidated grant that awards funds that
-would otherwise be available to such areas to carry out the
-activities described in subtitle B of title I of the WIOA:
-Provided further, That such application shall be submitted to
-the Secretary of Labor (referred to in this title as
-``Secretary''), at such time, in such manner, and containing
-such information as the Secretary may require: Provided
-further, That outlying areas awarded a consolidated grant
-described in the preceding provisos may use the funds for any
-of the programs and activities authorized under such subtitle B
-of title I of the WIOA subject to approval of the application
-and such reporting requirements issued by the Secretary; and
+areas to carry out subtitle B of title I of the WIOA shall not be
+subject to the requirements of section 127(b)(1)(B)(ii) of such
+Act: Provided further, That notwithstanding the requirements of
+WIOA, outlying areas may submit a single application for a
+consolidated grant that awards funds that would otherwise be
+available to such areas to carry out the activities described in
+subtitle B of title I of the WIOA: Provided further, That such
+application shall be submitted to the Secretary of Labor (referred
+to in this title as ``Secretary''), at such time, in such manner,
+and containing such information as the Secretary may require:
+Provided further, That outlying areas awarded a consolidated grant
+described in the preceding provisos may use the funds for any of
+the programs and activities authorized under such subtitle B of
+title I of the WIOA subject to approval of the application and such
+reporting requirements issued by the Secretary; and
(2) for national programs, $1,062,256,000 as follows:
-(A) $300,859,000 for the dislocated workers
-assistance national reserve, of which $100,859,000
-shall be available for the period July 1, 2026 through
-September 30, 2027, and of which $200,000,000 shall be
-available for the period October 1, 2026 through
-September 30, 2027: Provided, That funds provided to
-carry out section 132(a)(2)(A) of the WIOA may be used
-to provide assistance to a State for statewide or local
-use in order to address cases where there have been
-worker dislocations across multiple sectors or across
-multiple local areas and such workers remain
-dislocated; coordinate the State workforce development
-plan with emerging economic development needs; and
-train such eligible dislocated workers: Provided
-further, That funds provided to carry out sections
-168(b) and 169(c) of the WIOA may be used for technical
-assistance and demonstration projects, respectively,
-that provide assistance to new entrants in the
-workforce and incumbent workers: Provided further,
-That notwithstanding section 168(b) of the WIOA, of the
-funds provided under this subparagraph, the Secretary
-may reserve not more than 10 percent of such funds to
+(A) $300,859,000 for the dislocated workers assistance
+national reserve, of which $100,859,000 shall be available for
+the period July 1, 2026 through September 30, 2027, and of
+which $200,000,000 shall be available for the period October 1,
+2026 through September 30, 2027: Provided, That funds provided
+to carry out section 132(a)(2)(A) of the WIOA may be used to
+provide assistance to a State for statewide or local use in
+order to address cases where there have been worker
+dislocations across multiple sectors or across multiple local
+areas and such workers remain dislocated; coordinate the State
+workforce development plan with emerging economic development
+needs; and train such eligible dislocated workers: Provided
+further, That funds provided to carry out sections 168(b) and
+169(c) of the WIOA may be used for technical assistance and
+demonstration projects, respectively, that provide assistance
+to new entrants in the workforce and incumbent workers:
+Provided further, That notwithstanding section 168(b) of the
+WIOA, of the funds provided under this subparagraph, the
+Secretary may reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
-activities related to the transition to the WIOA:
-Provided further, That of the funds provided under this
-subparagraph, $120,000,000 shall be for training and
-employment assistance under sections 168(b), 169(c)
-(notwithstanding the 10 percent limitation in such
-section) and 170 of the WIOA as follows:
-(i) $55,000,000 shall be for workers in the
-Appalachian region, as defined by 40 U.S.C.
-14102(a)(1), workers in the Lower Mississippi,
-as defined in section 4(2) of the Delta
-Development Act (Public Law 100-460, 102 Stat.
-2246; 7 U.S.C. 2009aa(2)), and workers in the
-region served by the Northern Border Regional
-Commission, as defined by 40 U.S.C. 15733; and
-(ii) $65,000,000 shall be for the purpose
-of developing, offering, or improving
-educational or career training programs at
-community colleges, defined as public
-institutions of higher education, as described
-in section 101(a) of the Higher Education Act
-of 1965 and at which the associate's degree is
-primarily the highest degree awarded, with
-other eligible institutions of higher
-education, as defined in section 101(a) of the
-Higher Education Act of 1965, eligible to
-participate through consortia, with community
-colleges as the lead grantee: Provided, That
-the Secretary shall follow the requirements for
-the program in House Report 116-62: Provided
-further, That any grant funds used for
-apprenticeships shall be used to support only
-apprenticeship programs registered under the
-National Apprenticeship Act and as referred to
-in section 3(7)(B) of the WIOA;
-(B) $62,500,000 for Native American programs under
-section 166 of the WIOA, which shall be available for
-the period July 1, 2026 through June 30, 2027;
+activities related to the transition to the WIOA: Provided
+further, That of the funds provided under this subparagraph,
+$120,000,000 shall be for training and employment assistance
+under sections 168(b), 169(c) (notwithstanding the 10 percent
+limitation in such section) and 170 of the WIOA as follows:
+(i) $55,000,000 shall be for workers in the Appalachian
+region, as defined by 40 U.S.C. 14102(a)(1), workers in the
+Lower Mississippi, as defined in section 4(2) of the Delta
+Development Act (Public Law 100-460, 102 Stat. 2246; 7
+U.S.C. 2009aa(2)), and workers in the region served by the
+Northern Border Regional Commission, as defined by 40
+U.S.C. 15733; and
+(ii) $65,000,000 shall be for the purpose of
+developing, offering, or improving educational or career
+training programs at community colleges, defined as public
+institutions of higher education, as described in section
+101(a) of the Higher Education Act of 1965 and at which the
+associate's degree is primarily the highest degree awarded,
+with other eligible institutions of higher education, as
+defined in section 101(a) of the Higher Education Act of
+1965, eligible to participate through consortia, with
+community colleges as the lead grantee: Provided, That the
+Secretary shall follow the requirements for the program in
+House Report 116-62: Provided further, That any grant
+funds used for apprenticeships shall be used to support
+only apprenticeship programs registered under the National
+Apprenticeship Act and as referred to in section 3(7)(B) of
+the WIOA;
+(B) $62,500,000 for Native American programs under section
+166 of the WIOA, which shall be available for the period July
+1, 2026 through June 30, 2027;
(C) $97,396,000 for migrant and seasonal farmworker
-programs under section 167 of the WIOA, including
-$90,134,000 for formula grants (of which not less than
-70 percent shall be for employment and training
-services), $6,591,000 for migrant and seasonal housing
-(of which not less than 70 percent shall be for
-permanent housing), and $671,000 for other
-discretionary purposes, which shall be available for
-the period April 1, 2026 through June 30, 2027:
-Provided, That notwithstanding any other provision of
-law or related regulation, the Department of Labor
-shall take no action limiting the number or proportion
-of eligible participants receiving related assistance
-services or discouraging grantees from providing such
-services: Provided further, That notwithstanding the
-definition of ``eligible seasonal farmworker'' in
-section 167(i)(3)(A) of the WIOA relating to an
-individual being ``low-income'', an individual is
-eligible for migrant and seasonal farmworker programs
-under section 167 of the WIOA under that definition if,
-in addition to meeting the requirements of clauses (i)
-and (ii) of section 167(i)(3)(A), such individual is a
-member of a family with a total family income equal to
-or less than 150 percent of the poverty line;
-(D) $105,000,000 for YouthBuild activities as
-described in section 171 of the WIOA, which shall be
-available for the period April 1, 2026 through June 30,
-2027;
-(E) $110,000,000 for ex-offender activities, under
-the authority of section 169 of the WIOA, which shall
-be available for the period April 1, 2026 through June
-30, 2027: Provided, That of this amount, $30,000,000
-shall be for competitive grants to national and
-regional intermediaries for activities that prepare for
-employment young adults with criminal legal histories,
-young adults who have been justice system-involved, or
-young adults who have dropped out of school or other
-educational programs, with a priority for projects
-serving high-crime, high-poverty areas;
-(F) $6,000,000 for the Workforce Data Quality
-Initiative, under the authority of section 169 of the
-WIOA, which shall be available for the period July 1,
-2026 through June 30, 2027;
+programs under section 167 of the WIOA, including $90,134,000
+for formula grants (of which not less than 70 percent shall be
+for employment and training services), $6,591,000 for migrant
+and seasonal housing (of which not less than 70 percent shall
+be for permanent housing), and $671,000 for other discretionary
+purposes, which shall be available for the period April 1, 2026
+through June 30, 2027: Provided, That notwithstanding any
+other provision of law or related regulation, the Department of
+Labor shall take no action limiting the number or proportion of
+eligible participants receiving related assistance services or
+discouraging grantees from providing such services: Provided
+further, That notwithstanding the definition of ``eligible
+seasonal farmworker'' in section 167(i)(3)(A) of the WIOA
+relating to an individual being ``low-income'', an individual
+is eligible for migrant and seasonal farmworker programs under
+section 167 of the WIOA under that definition if, in addition
+to meeting the requirements of clauses (i) and (ii) of section
+167(i)(3)(A), such individual is a member of a family with a
+total family income equal to or less than 150 percent of the
+poverty line;
+(D) $105,000,000 for YouthBuild activities as described in
+section 171 of the WIOA, which shall be available for the
+period April 1, 2026 through June 30, 2027;
+(E) $110,000,000 for ex-offender activities, under the
+authority of section 169 of the WIOA, which shall be available
+for the period April 1, 2026 through June 30, 2027: Provided,
+That of this amount, $30,000,000 shall be for competitive
+grants to national and regional intermediaries for activities
+that prepare for employment young adults with criminal legal
+histories, young adults who have been justice system-involved,
+or young adults who have dropped out of school or other
+educational programs, with a priority for projects serving
+high-crime, high-poverty areas;
+(F) $6,000,000 for the Workforce Data Quality Initiative,
+under the authority of section 169 of the WIOA, which shall be
+available for the period July 1, 2026 through June 30, 2027;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
-Apprenticeship Act and as referred to in section
-3(7)(B) of the WIOA, to be available to the Secretary
-to carry out activities through grants, cooperative
-agreements, contracts and other arrangements, with
-States and other appropriate entities, including equity
-intermediaries and business and labor industry partner
-intermediaries, which shall be available for the period
+Apprenticeship Act and as referred to in section 3(7)(B) of the
+WIOA, to be available to the Secretary to carry out activities
+through grants, cooperative agreements, contracts and other
+arrangements, with States and other appropriate entities,
+including equity intermediaries and business and labor industry
+partner intermediaries, which shall be available for the period
July 1, 2026 through June 30, 2027; and
-(H) $95,501,000 for carrying out Demonstration and
-Pilot projects under section 169(c) of the WIOA, which
-shall be available for the period April 1, 2026 through
-June 30, 2027, in addition to funds available for such
-activities under subparagraph (A) for the projects, and
-in the amounts, specified in the table titled
-``Community Project Funding/Congressionally Directed
-Spending'' included in the explanatory statement
-described in section 4 (in the matter preceding
-division A of this consolidated Act): Provided, That
-such funds may be used for projects that are related to
-the employment and training needs of dislocated
-workers, other adults, or youth: Provided further,
-That the 10 percent funding limitation under such
-section of the WIOA shall not apply to such funds:
-Provided further, That section 169(b)(6)(C) of the WIOA
-shall not apply to such funds: Provided further, That
-sections 102 and 107 of this Act shall not apply to
-such funds.
+(H) $95,501,000 for carrying out Demonstration and Pilot
+projects under section 169(c) of the WIOA, which shall be
+available for the period April 1, 2026 through June 30, 2027,
+in addition to funds available for such activities under
+subparagraph (A) for the projects, and in the amounts,
+specified in the table titled ``Community Project Funding/
+Congressionally Directed Spending'' included in the explanatory
+statement described in section 4 (in the matter preceding
+division A of this consolidated Act): Provided, That such
+funds may be used for projects that are related to the
+employment and training needs of dislocated workers, other
+adults, or youth: Provided further, That the 10 percent
+funding limitation under such section of the WIOA shall not
+apply to such funds: Provided further, That section
+169(b)(6)(C) of the WIOA shall not apply to such funds:
+Provided further, That sections 102 and 107 of this Act shall
+not apply to such funds.
job corps
@@ -3577,20 +3502,20 @@
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2026 through June 30, 2027;
(2) $123,000,000 for construction, rehabilitation and
-acquisition of Job Corps Centers, which shall be available for
-the period July 1, 2026 through June 30, 2029, and which may
-include the acquisition, maintenance, and repair of major items
-of equipment: Provided, That the Secretary may transfer up to
-15 percent of such funds to meet the operational needs of such
-centers or to achieve administrative efficiencies: Provided
-further, That any funds transferred pursuant to the preceding
-proviso shall not be available for obligation after June 30,
-2027: Provided further, That the Committees on Appropriations
-of the House of Representatives and the Senate are notified at
-least 15 days in advance of any transfer; and
+acquisition of Job Corps Centers, which shall be available for the
+period July 1, 2026 through June 30, 2029, and which may include
+the acquisition, maintenance, and repair of major items of
+equipment: Provided, That the Secretary may transfer up to 15
+percent of such funds to meet the operational needs of such centers
+or to achieve administrative efficiencies: Provided further, That
+any funds transferred pursuant to the preceding proviso shall not
+be available for obligation after June 30, 2027: Provided further,
+That the Committees on Appropriations of the House of
+Representatives and the Senate are notified at least 15 days in
+advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
-shall be available for obligation for the period October 1,
-2025 through September 30, 2026:
+shall be available for obligation for the period October 1, 2025
+through September 30, 2026:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps Centers.
@@ -3630,80 +3555,76 @@
not to exceed $4,000,584,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
-(1) $3,226,635,000 from the Trust Fund is for grants to
-States for the administration of State unemployment insurance
-laws as authorized under title III of the Social Security Act
-(including not less than $467,000,000 to carry out reemployment
-services and eligibility assessments under section 306 of such
-Act, any claimants of regular compensation, as defined in such
-section, including those who are profiled as most likely to
-exhaust their benefits, may be eligible for such services and
-assessments: Provided, That of such amount, $117,000,000 is
-specified for grants under section 306 of the Social Security
-Act and is provided to meet the terms of a concurrent
-resolution on the budget and $350,000,000 is additional new
-budget authority specified for purposes of a concurrent
-resolution on the budget; and $9,000,000 for continued support
-of the Unemployment Insurance Integrity Center of Excellence),
-the administration of unemployment insurance for Federal
-employees and for ex-service members as authorized under 5
-U.S.C. 8501-8523, and the administration of trade readjustment
-allowances, reemployment trade adjustment assistance, and
-alternative trade adjustment assistance under the Trade Act of
-1974 and under section 231(a) of the Trade Adjustment
-Assistance Extension Act of 2011, sections 405(a) and 406 of
-the Trade Preferences Extension Act of 2015, and section 285(a)
-of the Trade Act of 1974, as amended, and shall be available
-for Federal obligation through December 31, 2026, except that
-funds for outcome payments pursuant to section 306(f)(2) of the
-Social Security Act shall be available for Federal obligation
-through March 31, 2027: Provided, That notwithstanding any
-other provision of law, the Secretary may recapture any funds
-appropriated under this paragraph that remain unexpended by a
-State after the period of expenditure for a State (but before
-such funds have been returned to the Trust Fund), and such
-recaptured funds shall remain available until expended for
-reobligation by the Secretary to the States to carry out
-automation activities related to the administration of
+(1) $3,226,635,000 from the Trust Fund is for grants to States
+for the administration of State unemployment insurance laws as
+authorized under title III of the Social Security Act (including
+not less than $467,000,000 to carry out reemployment services and
+eligibility assessments under section 306 of such Act, any
+claimants of regular compensation, as defined in such section,
+including those who are profiled as most likely to exhaust their
+benefits, may be eligible for such services and assessments:
+Provided, That of such amount, $117,000,000 is specified for grants
+under section 306 of the Social Security Act and is provided to
+meet the terms of a concurrent resolution on the budget and
+$350,000,000 is additional new budget authority specified for
+purposes of a concurrent resolution on the budget; and $9,000,000
+for continued support of the Unemployment Insurance Integrity
+Center of Excellence), the administration of unemployment insurance
+for Federal employees and for ex-service members as authorized
+under 5 U.S.C. 8501-8523, and the administration of trade
+readjustment allowances, reemployment trade adjustment assistance,
+and alternative trade adjustment assistance under the Trade Act of
+1974 and under section 231(a) of the Trade Adjustment Assistance
+Extension Act of 2011, sections 405(a) and 406 of the Trade
+Preferences Extension Act of 2015, and section 285(a) of the Trade
+Act of 1974, as amended, and shall be available for Federal
+obligation through December 31, 2026, except that funds for outcome
+payments pursuant to section 306(f)(2) of the Social Security Act
+shall be available for Federal obligation through March 31, 2027:
+Provided, That notwithstanding any other provision of law, the
+Secretary may recapture any funds appropriated under this paragraph
+that remain unexpended by a State after the period of expenditure
+for a State (but before such funds have been returned to the Trust
+Fund), and such recaptured funds shall remain available until
+expended for reobligation by the Secretary to the States to carry
+out automation activities related to the administration of
unemployment compensation laws: Provided further, That funds
transferred pursuant to the preceding proviso shall not be
-available until 60 days after the Secretary has submitted a
-plan to the Committees on Appropriations of the House of
-Representatives and the Senate on the planned use of funds;
-(2) $18,000,000 from the Trust Fund is for national
-activities necessary to support the administration of the
-Federal-State unemployment insurance system;
-(3) $653,639,000 from the Trust Fund, together with
-$21,413,000 from the General Fund of the Treasury, is for
-grants to States in accordance with section 6 of the Wagner-
-Peyser Act, and shall be available for Federal obligation for
-the period July 1, 2026 through June 30, 2027;
-(4) $17,500,000 from the Trust Fund is for national
-activities of the Employment Service, including administration
-of the work opportunity tax credit under section 51 of the
-Internal Revenue Code of 1986 (including assisting States in
-adopting or modernizing information technology for use in the
-processing of certification requests), and the provision of
-technical assistance and staff training under the Wagner-Peyser
-Act;
-(5) $84,810,000 from the Trust Fund is for the
-administration of foreign labor certifications and related
-activities under the Immigration and Nationality Act and
-related laws, of which $61,528,000 shall be available for the
-Federal administration of such activities, and $23,282,000
-shall be available for grants to States for the administration
-of such activities; and
-(6) $52,893,000 from the General Fund is to provide
-workforce information, national electronic tools, and one-stop
-system building under the Wagner-Peyser Act and shall be
+available until 60 days after the Secretary has submitted a plan to
+the Committees on Appropriations of the House of Representatives
+and the Senate on the planned use of funds;
+(2) $18,000,000 from the Trust Fund is for national activities
+necessary to support the administration of the Federal-State
+unemployment insurance system;
+(3) $653,639,000 from the Trust Fund, together with $21,413,000
+from the General Fund of the Treasury, is for grants to States in
+accordance with section 6 of the Wagner-Peyser Act, and shall be
available for Federal obligation for the period July 1, 2026
-through June 30, 2027, of which up to $9,800,000 may be used to
-carry out research and demonstration projects related to
-testing effective ways to promote greater labor force
-participation of people with disabilities: Provided, That the
-Secretary may transfer amounts made available for research and
-demonstration projects under this paragraph to the ``Office of
-Disability Employment Policy'' account for such purposes:
+through June 30, 2027;
+(4) $17,500,000 from the Trust Fund is for national activities
+of the Employment Service, including administration of the work
+opportunity tax credit under section 51 of the Internal Revenue
+Code of 1986 (including assisting States in adopting or modernizing
+information technology for use in the processing of certification
+requests), and the provision of technical assistance and staff
+training under the Wagner-Peyser Act;
+(5) $84,810,000 from the Trust Fund is for the administration
+of foreign labor certifications and related activities under the
+Immigration and Nationality Act and related laws, of which
+$61,528,000 shall be available for the Federal administration of
+such activities, and $23,282,000 shall be available for grants to
+States for the administration of such activities; and
+(6) $52,893,000 from the General Fund is to provide workforce
+information, national electronic tools, and one-stop system
+building under the Wagner-Peyser Act and shall be available for
+Federal obligation for the period July 1, 2026 through June 30,
+2027, of which up to $9,800,000 may be used to carry out research
+and demonstration projects related to testing effective ways to
+promote greater labor force participation of people with
+disabilities: Provided, That the Secretary may transfer amounts
+made available for research and demonstration projects under this
+paragraph to the ``Office of Disability Employment Policy'' account
+for such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2026 is projected by the
Department of Labor to exceed 3,075,000, an additional $28,600,000 from
@@ -3786,34 +3707,33 @@
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which--
-(1) $185,000,000 is for Jobs for Veterans State grants
-under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
-outreach program specialists under section 4103A of such title
-and local veterans' employment representatives under section
-4104(b) of such title, and for the expenses described in
-section 4102A(b)(5)(C), which shall be available for
-expenditure by the States through September 30, 2028, and not
-to exceed 3 percent for the necessary Federal expenditures for
-data systems and contract support to allow for the tracking of
-participant and performance information: Provided, That, in
-addition, such funds may be used to support such specialists
-and representatives in the provision of services to
-transitioning members of the Armed Forces who have participated
-in the Transition Assistance Program and have been identified
-as in need of intensive services, to members of the Armed
-Forces who are wounded, ill, or injured and receiving treatment
-in military treatment facilities or warrior transition units,
-to the spouses or other family caregivers of such wounded, ill,
-or injured members, and to surviving spouses of individuals who
-died while serving as members of the Armed Forces or as a
-result of a service-connected disability;
-(2) $34,379,000 is for carrying out the Transition
-Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
-(3) $47,048,000 is for Federal administration of chapters
-41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
-of title 38, United States Code: Provided, That up to $500,000
-may be used to carry out the Hire VETS Act (division O of
-Public Law 115-31); and
+(1) $185,000,000 is for Jobs for Veterans State grants under 38
+U.S.C. 4102A(b)(5) to support disabled veterans' outreach program
+specialists under section 4103A of such title and local veterans'
+employment representatives under section 4104(b) of such title, and
+for the expenses described in section 4102A(b)(5)(C), which shall
+be available for expenditure by the States through September 30,
+2028, and not to exceed 3 percent for the necessary Federal
+expenditures for data systems and contract support to allow for the
+tracking of participant and performance information: Provided,
+That, in addition, such funds may be used to support such
+specialists and representatives in the provision of services to
+transitioning members of the Armed Forces who have participated in
+the Transition Assistance Program and have been identified as in
+need of intensive services, to members of the Armed Forces who are
+wounded, ill, or injured and receiving treatment in military
+treatment facilities or warrior transition units, to the spouses or
+other family caregivers of such wounded, ill, or injured members,
+and to surviving spouses of individuals who died while serving as
+members of the Armed Forces or as a result of a service-connected
+disability;
+(2) $34,379,000 is for carrying out the Transition Assistance
+Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
+(3) $47,048,000 is for Federal administration of chapters 41,
+42, and 43 of title 38, and sections 2021, 2021A and 2023 of title
+38, United States Code: Provided, That up to $500,000 may be used
+to carry out the Hire VETS Act (division O of Public Law 115-31);
+and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
@@ -3966,8 +3886,8 @@
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $25,956,000;
-(3) For periodic roll disability management and medical
-review, $25,957,000;
+(3) For periodic roll disability management and medical review,
+$25,957,000;
(4) For program integrity, $2,346,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
@@ -4058,23 +3978,23 @@
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
-(2) to conduct an inspection or investigation in response
-to an employee complaint, to issue a citation for violations
-found during such inspection, and to assess a penalty for
-violations which are not corrected within a reasonable
-abatement period and for any willful violations found;
-(3) to take any action authorized by the Act with respect
-to imminent dangers;
-(4) to take any action authorized by the Act with respect
-to health hazards;
-(5) to take any action authorized by the Act with respect
-to a report of an employment accident which is fatal to one or
-more employees or which results in hospitalization of two or
-more employees, and to take any action pursuant to such
-investigation authorized by the Act; and
-(6) to take any action authorized by the Act with respect
-to complaints of discrimination against employees for
-exercising rights under the Act:
+(2) to conduct an inspection or investigation in response to an
+employee complaint, to issue a citation for violations found during
+such inspection, and to assess a penalty for violations which are
+not corrected within a reasonable abatement period and for any
+willful violations found;
+(3) to take any action authorized by the Act with respect to
+imminent dangers;
+(4) to take any action authorized by the Act with respect to
+health hazards;
+(5) to take any action authorized by the Act with respect to a
+report of an employment accident which is fatal to one or more
+employees or which results in hospitalization of two or more
+employees, and to take any action pursuant to such investigation
+authorized by the Act; and
+(6) to take any action authorized by the Act with respect to
+complaints of discrimination against employees for exercising
+rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
@@ -4317,86 +4237,82 @@
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee--
-``(A) employed to adjust or evaluate claims resulting from
-or relating to such major disaster, by an employer not engaged,
+``(A) employed to adjust or evaluate claims resulting from or
+relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
-marketing property, casualty, or liability insurance policies
-or contracts;
+marketing property, casualty, or liability insurance policies or
+contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
-weekly amount established by the Secretary, whichever is
-greater, for the number of weeks such employee is engaged in
-any of the activities described in subparagraph (C); and
+weekly amount established by the Secretary, whichever is greater,
+for the number of weeks such employee is engaged in any of the
+activities described in subparagraph (C); and
``(C) whose duties include any of the following:
-``(i) interviewing insured individuals, individuals
-who suffered injuries or other damages or losses
-arising from or relating to a disaster, witnesses, or
-physicians;
-``(ii) inspecting property damage or reviewing
-factual information to prepare damage estimates;
-``(iii) evaluating and making recommendations
-regarding coverage or compensability of claims or
-determining liability or value aspects of claims;
+``(i) interviewing insured individuals, individuals who
+suffered injuries or other damages or losses arising from or
+relating to a disaster, witnesses, or physicians;
+``(ii) inspecting property damage or reviewing factual
+information to prepare damage estimates;
+``(iii) evaluating and making recommendations regarding
+coverage or compensability of claims or determining liability
+or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
-catastrophe declared or designated by any State or Federal
-agency or department;
-``(B) the term `employee employed to adjust or evaluate
-claims resulting from or relating to such major disaster' means
-an individual who timely secured or secures a license required
-by applicable law to engage in and perform the activities
-described in clauses (i) through (v) of paragraph (1)(C)
-relating to a major disaster, and is employed by an employer
-that maintains worker compensation insurance coverage or
-protection for its employees, if required by applicable law,
-and withholds applicable Federal, State, and local income and
-payroll taxes from the wages, salaries and any benefits of such
-employees; and
-``(C) the term `affiliate' means a company that, by reason
-of ownership or control of 25 percent or more of the
-outstanding shares of any class of voting securities of one or
-more companies, directly or indirectly, controls, is controlled
-by, or is under common control with, another company.''.
+catastrophe declared or designated by any State or Federal agency
+or department;
+``(B) the term `employee employed to adjust or evaluate claims
+resulting from or relating to such major disaster' means an
+individual who timely secured or secures a license required by
+applicable law to engage in and perform the activities described in
+clauses (i) through (v) of paragraph (1)(C) relating to a major
+disaster, and is employed by an employer that maintains worker
+compensation insurance coverage or protection for its employees, if
+required by applicable law, and withholds applicable Federal,
+State, and local income and payroll taxes from the wages, salaries
+and any benefits of such employees; and
+``(C) the term `affiliate' means a company that, by reason of
+ownership or control of 25 percent or more of the outstanding
+shares of any class of voting securities of one or more companies,
+directly or indirectly, controls, is controlled by, or is under
+common control with, another company.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
-(1) In general.--Subject to paragraph (2), if a petition
-for H-2B nonimmigrants filed by an employer in the seafood
-industry is granted, the employer may bring the nonimmigrants
-described in the petition into the United States at any time
-during the 120-day period beginning on the start date for which
-the employer is seeking the services of the nonimmigrants
-without filing another petition.
-(2) Requirements for crossings after 90th day.--An employer
-in the seafood industry may not bring H-2B nonimmigrants into
-the United States after the date that is 90 days after the
-start date for which the employer is seeking the services of
-the nonimmigrants unless the employer--
-(A) completes a new assessment of the local labor
-market by--
-(i) listing job orders in local newspapers
-on 2 separate Sundays; and
-(ii) posting the job opportunity on the
-appropriate Department of Labor Electronic Job
-Registry and at the employer's place of
-employment; and
-(B) offers the job to an equally or better
-qualified United States worker who--
+(1) In general.--Subject to paragraph (2), if a petition for H-
+2B nonimmigrants filed by an employer in the seafood industry is
+granted, the employer may bring the nonimmigrants described in the
+petition into the United States at any time during the 120-day
+period beginning on the start date for which the employer is
+seeking the services of the nonimmigrants without filing another
+petition.
+(2) Requirements for crossings after 90th day.--An employer in
+the seafood industry may not bring H-2B nonimmigrants into the
+United States after the date that is 90 days after the start date
+for which the employer is seeking the services of the nonimmigrants
+unless the employer--
+(A) completes a new assessment of the local labor market
+by--
+(i) listing job orders in local newspapers on 2
+separate Sundays; and
+(ii) posting the job opportunity on the appropriate
+Department of Labor Electronic Job Registry and at the
+employer's place of employment; and
+(B) offers the job to an equally or better qualified United
+States worker who--
(i) applies for the job; and
-(ii) will be available at the time and
-place of need.
+(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
-Secretary of Labor shall not consider an employer in the
-seafood industry who brings H-2B nonimmigrants into the United
-States during the 120-day period specified in paragraph (1) to
-be staggering the date of need in violation of section
-655.20(d) of title 20, Code of Federal Regulations, or any
-other applicable provision of law.
+Secretary of Labor shall not consider an employer in the seafood
+industry who brings H-2B nonimmigrants into the United States
+during the 120-day period specified in paragraph (1) to be
+staggering the date of need in violation of section 655.20(d) of
+title 20, Code of Federal Regulations, or any other applicable
+provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
@@ -4429,41 +4345,39 @@
by adding at the end the following new section:
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
-``(1) provide protection for the Secretary of Labor during
-the workday of the Secretary and during any activity that is
-preliminary or postliminary to the performance of official
-duties by the Secretary;
-``(2) provide protection, incidental to the protection
-provided to the Secretary, to a member of the immediate family
-of the Secretary who is participating in an activity or event
-relating to the official duties of the Secretary;
-``(3) provide continuous protection to the Secretary
-(including during periods not described in paragraph (1)) and
-to the members of the immediate family of the Secretary if
-there is a unique and articulable threat of physical harm, in
-accordance with guidelines established by the Secretary; and
-``(4) provide protection to the Deputy Secretary of Labor
-or another senior officer representing the Secretary of Labor
-at a public event if there is a unique and articulable threat
-of physical harm, in accordance with guidelines established by
-the Secretary.
+``(1) provide protection for the Secretary of Labor during the
+workday of the Secretary and during any activity that is
+preliminary or postliminary to the performance of official duties
+by the Secretary;
+``(2) provide protection, incidental to the protection provided
+to the Secretary, to a member of the immediate family of the
+Secretary who is participating in an activity or event relating to
+the official duties of the Secretary;
+``(3) provide continuous protection to the Secretary (including
+during periods not described in paragraph (1)) and to the members
+of the immediate family of the Secretary if there is a unique and
+articulable threat of physical harm, in accordance with guidelines
+established by the Secretary; and
+``(4) provide protection to the Deputy Secretary of Labor or
+another senior officer representing the Secretary of Labor at a
+public event if there is a unique and articulable threat of
+physical harm, in accordance with guidelines established by the
+Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
-``(2) make arrests without a warrant for any offense
-against the United States committed in the presence of such
-officer or special agent;
+``(2) make arrests without a warrant for any offense against
+the United States committed in the presence of such officer or
+special agent;
``(3) perform protective intelligence work, including
-identifying and mitigating potential threats and conducting
-advance work to review security matters relating to sites and
-events;
+identifying and mitigating potential threats and conducting advance
+work to review security matters relating to sites and events;
``(4) coordinate with local law enforcement agencies; and
-``(5) initiate criminal and other investigations into
-potential threats to the security of the Secretary, in
-coordination with the Inspector General of the Department of
-Labor.
+``(5) initiate criminal and other investigations into potential
+threats to the security of the Secretary, in coordination with the
+Inspector General of the Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
@@ -4489,20 +4403,20 @@
Marcos, Texas, respectively.
Sec. 115. None of the funds made available by this Act may be used
to--
-(1) alter or terminate the Interagency Agreement between
-the United States Department of Labor and the United States
-Department of Agriculture;
-(2) close any of the Civilian Conservation Centers, except
-if such closure is necessary to prevent the endangerment of the
-health and safety of the students, the capacity of the program
-is retained, and the requirements of section 159(j) of the WIOA
-are met; or
-(3) close any Job Corps Centers, except if such closure
-meets the criterion entitled ``Long-Term Center Performance''
-or the criterion entitled ``Evaluation of Continuing Center
-Operations'' established by 81 FR 12529, the capacity of the
-program is retained, and the requirements of section 159(j) of
-the WIOA are met.
+(1) alter or terminate the Interagency Agreement between the
+United States Department of Labor and the United States Department
+of Agriculture;
+(2) close any of the Civilian Conservation Centers, except if
+such closure is necessary to prevent the endangerment of the health
+and safety of the students, the capacity of the program is
+retained, and the requirements of section 159(j) of the WIOA are
+met; or
+(3) close any Job Corps Centers, except if such closure meets
+the criterion entitled ``Long-Term Center Performance'' or the
+criterion entitled ``Evaluation of Continuing Center Operations''
+established by 81 FR 12529, the capacity of the program is
+retained, and the requirements of section 159(j) of the WIOA are
+met.
(rescission)
@@ -5544,28 +5458,28 @@
including for Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $75,000,000 shall be available for a cost of living
-adjustment, and with respect to any continuing appropriations
-act, funding available for a cost of living adjustment shall
-not be construed as an authority or condition under this Act;
+adjustment, and with respect to any continuing appropriations act,
+funding available for a cost of living adjustment shall not be
+construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
-Secretary to supplement activities described in paragraphs
-(7)(B) and (9) of section 641(c) of the Head Start Act under
-the Designation Renewal System, established under the authority
-of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act,
-and such funds shall not be included in the calculation of
-``base grant'' in subsequent fiscal years, as such term is used
-in section 640(a)(7)(A) of such Act;
-(3) $10,000,000 shall be available for the Tribal Colleges
-and Universities Head Start Partnership Program consistent with
-section 648(g) of such Act;
-(4) Not to exceed $8,000,000 shall be available until
-September 30, 2027 for the Marshall Islands and Micronesia for
-the start-up and operation of Head Start services and for the
-provision of training and technical assistance: Provided, That
-an agency awarded these funds shall not be subject to the
-requirements of the system for designation renewal as defined
-by section 641 of the Head Start Act, for this award only,
-prior to 24 months after the date of such award; and
+Secretary to supplement activities described in paragraphs (7)(B)
+and (9) of section 641(c) of the Head Start Act under the
+Designation Renewal System, established under the authority of
+sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and such
+funds shall not be included in the calculation of ``base grant'' in
+subsequent fiscal years, as such term is used in section
+640(a)(7)(A) of such Act;
+(3) $10,000,000 shall be available for the Tribal Colleges and
+Universities Head Start Partnership Program consistent with section
+648(g) of such Act;
+(4) Not to exceed $8,000,000 shall be available until September
+30, 2027 for the Marshall Islands and Micronesia for the start-up
+and operation of Head Start services and for the provision of
+training and technical assistance: Provided, That an agency
+awarded these funds shall not be subject to the requirements of the
+system for designation renewal as defined by section 641 of the
+Head Start Act, for this award only, prior to 24 months after the
+date of such award; and
(5) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
@@ -5750,30 +5664,28 @@
production, and procurement of medical countermeasures to counter
potential chemical, biological, radiological, and nuclear threats to
civilian populations, $3,207,991,000: Provided, That of such amount:
-(1) $1,050,000,000, to remain available through September
-30, 2027, shall be for expenses necessary to support advanced
-research and development pursuant to section 319L of the PHS
-Act and other administrative expenses of the Biomedical
-Advanced Research and Development Authority;
-(2) $850,000,000, to remain available until expended, shall
-be for expenses necessary for procuring security
-countermeasures (as defined in section 319F-2(c)(1)(B) of the
-PHS Act);
-(3) $1,000,000,000, to remain available until expended,
-shall be for expenses necessary to carry out section 319F-2(a)
-of the PHS Act; and
-(4) $307,991,000 shall be for expenses necessary to prepare
-for or respond to an influenza pandemic, of which $280,000,000
-shall remain available until expended for activities including
-the development and purchase of vaccines, antivirals, necessary
-medical supplies, diagnostics, and surveillance tools:
-Provided, That notwithstanding section 496(b) of the PHS Act,
-funds allocated under this paragraph may be used for the
-construction or renovation of privately owned facilities for
-the production of pandemic influenza vaccines and other
-biologics, if the Secretary finds such construction or
-renovation necessary to secure sufficient supplies of such
-vaccines or biologics:
+(1) $1,050,000,000, to remain available through September 30,
+2027, shall be for expenses necessary to support advanced research
+and development pursuant to section 319L of the PHS Act and other
+administrative expenses of the Biomedical Advanced Research and
+Development Authority;
+(2) $850,000,000, to remain available until expended, shall be
+for expenses necessary for procuring security countermeasures (as
+defined in section 319F-2(c)(1)(B) of the PHS Act);
+(3) $1,000,000,000, to remain available until expended, shall
+be for expenses necessary to carry out section 319F-2(a) of the PHS
+Act; and
+(4) $307,991,000 shall be for expenses necessary to prepare for
+or respond to an influenza pandemic, of which $280,000,000 shall
+remain available until expended for activities including the
+development and purchase of vaccines, antivirals, necessary medical
+supplies, diagnostics, and surveillance tools: Provided, That
+notwithstanding section 496(b) of the PHS Act, funds allocated
+under this paragraph may be used for the construction or renovation
+of privately owned facilities for the production of pandemic
+influenza vaccines and other biologics, if the Secretary finds such
+construction or renovation necessary to secure sufficient supplies
+of such vaccines or biologics:
Provided further, That funds provided under this heading for purposes
of acquisition of security countermeasures shall be in addition to any
other funds made available for such purposes: Provided further, That
@@ -5990,47 +5902,45 @@
and environmental disease, and other health activities abroad during
fiscal year 2026:
(1) The Secretary may exercise authority equivalent to that
-available to the Secretary of State in section 2(c) of the
-State Department Basic Authorities Act of 1956. The Secretary
-shall consult with the Secretary of State and relevant Chief of
-Mission to ensure that the authority provided in this section
-is exercised in a manner consistent with section 207 of the
-Foreign Service Act of 1980 and other applicable statutes
-administered by the Department of State.
+available to the Secretary of State in section 2(c) of the State
+Department Basic Authorities Act of 1956. The Secretary shall
+consult with the Secretary of State and relevant Chief of Mission
+to ensure that the authority provided in this section is exercised
+in a manner consistent with section 207 of the Foreign Service Act
+of 1980 and other applicable statutes administered by the
+Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
-States for the use of HHS. The Department of State shall
-cooperate fully with the Secretary to ensure that HHS has
-secure, safe, functional facilities that comply with applicable
-regulation governing location, setback, and other facilities
-requirements and serve the purposes established by this Act.
-The Secretary is authorized, in consultation with the Secretary
-of State, through grant or cooperative agreement, to make
-available to public or nonprofit private institutions or
-agencies in participating foreign countries, funds to acquire,
-lease, alter, or renovate facilities in those countries as
-necessary to conduct programs of assistance for international
-health activities, including activities relating to HIV/AIDS
-and other infectious diseases, chronic and environmental
-diseases, and other health activities abroad.
+States for the use of HHS. The Department of State shall cooperate
+fully with the Secretary to ensure that HHS has secure, safe,
+functional facilities that comply with applicable regulation
+governing location, setback, and other facilities requirements and
+serve the purposes established by this Act. The Secretary is
+authorized, in consultation with the Secretary of State, through
+grant or cooperative agreement, to make available to public or
+nonprofit private institutions or agencies in participating foreign
+countries, funds to acquire, lease, alter, or renovate facilities
+in those countries as necessary to conduct programs of assistance
+for international health activities, including activities relating
+to HIV/AIDS and other infectious diseases, chronic and
+environmental diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
-appointed or assigned by the Secretary to serve abroad,
-allowances and benefits similar to those provided under chapter
-9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
-4081 through 4086 and subject to such regulations prescribed by
-the Secretary. The Secretary is further authorized to provide
-locality-based comparability payments (stated as a percentage)
-up to the amount of the locality-based comparability payment
-(stated as a percentage) that would be payable to such
-personnel under section 5304 of title 5, United States Code if
-such personnel's official duty station were in the District of
-Columbia. Leaves of absence for personnel under this subsection
-shall be on the same basis as that provided under subchapter I
-of chapter 63 of title 5, United States Code, or section 903 of
-the Foreign Service Act of 1980, to individuals serving in the
-Foreign Service.
+appointed or assigned by the Secretary to serve abroad, allowances
+and benefits similar to those provided under chapter 9 of title I
+of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086
+and subject to such regulations prescribed by the Secretary. The
+Secretary is further authorized to provide locality-based
+comparability payments (stated as a percentage) up to the amount of
+the locality-based comparability payment (stated as a percentage)
+that would be payable to such personnel under section 5304 of title
+5, United States Code if such personnel's official duty station
+were in the District of Columbia. Leaves of absence for personnel
+under this subsection shall be on the same basis as that provided
+under subchapter I of chapter 63 of title 5, United States Code, or
+section 903 of the Foreign Service Act of 1980, to individuals
+serving in the Foreign Service.
(transfer of funds)
@@ -6093,21 +6003,19 @@
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
-(A) for the full period of the contract or for the
-first fiscal year in which the contract is in effect;
-and
-(B) for the estimated costs associated with a
-necessary termination of the contract; and
-(2) the Secretary determines that a multi-year contract
-will serve the best interests of the Federal Government by
-encouraging full and open competition or promoting economy in
-administration, performance, and operation of BARDA's programs.
+(A) for the full period of the contract or for the first
+fiscal year in which the contract is in effect; and
+(B) for the estimated costs associated with a necessary
+termination of the contract; and
+(2) the Secretary determines that a multi-year contract will
+serve the best interests of the Federal Government by encouraging
+full and open competition or promoting economy in administration,
+performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
-subsection (c) of section 3903 of title 41, United States Code;
-and
-(2) shall be subject to the congressional notice
-requirement stated in subsection (d) of such section.
+subsection (c) of section 3903 of title 41, United States Code; and
+(2) shall be subject to the congressional notice requirement
+stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2027
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
@@ -6119,21 +6027,21 @@
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
-(1) For each such fiscal year, the section of such Act
-under which such funds were appropriated, a statement
-indicating the program, project, or activity receiving such
-funds, the Federal operating division or office that
-administers such program, and the amount of funding received in
-discretionary or mandatory appropriations.
+(1) For each such fiscal year, the section of such Act under
+which such funds were appropriated, a statement indicating the
+program, project, or activity receiving such funds, the Federal
+operating division or office that administers such program, and the
+amount of funding received in discretionary or mandatory
+appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
-(1) are supported through appropriations enacted in laws
-other than the ACA and work on programs that existed prior to
-the passage of the ACA;
+(1) are supported through appropriations enacted in laws other
+than the ACA and work on programs that existed prior to the passage
+of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
@@ -6176,12 +6084,12 @@
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
-reference to the recommendations of such Task Force with
-respect to breast cancer screening, mammography, and prevention
-last issued before 2009; and
-(2) such recommendations last issued before 2009 applied to
-any screening mammography modality under section 1861(jj) of
-the Social Security Act (42 U.S.C. 1395x(jj)).
+reference to the recommendations of such Task Force with respect to
+breast cancer screening, mammography, and prevention last issued
+before 2009; and
+(2) such recommendations last issued before 2009 applied to any
+screening mammography modality under section 1861(jj) of the Social
+Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
@@ -6207,12 +6115,12 @@
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
-established under the Patient Protection and Affordable Care
-Act of 2010 pertaining to enrollments during the open
-enrollment period; and
+established under the Patient Protection and Affordable Care Act of
+2010 pertaining to enrollments during the open enrollment period;
+and
(2) Notification of any new or competitive grant awards,
-including supplements, authorized under section 330 of the
-Public Health Service Act.
+including supplements, authorized under section 330 of the Public
+Health Service Act.
(b) The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
@@ -6264,42 +6172,39 @@
the case that the Secretary determines that housing unaccompanied alien
children in such a facility is necessary on a temporary basis due to an
influx of such children or an emergency, provided that--
-(1) the terms of the grant or contract for the operations
-of any such facility that remains in operation for more than
-six consecutive months shall require compliance with--
-(A) the same requirements as licensed placements,
-as listed in Exhibit 1 of the Flores Settlement
-Agreement that the Secretary determines are applicable
-to non-State licensed facilities; and
-(B) staffing ratios of one (1) on-duty Youth Care
-Worker for every eight (8) children or youth during
-waking hours, one (1) on-duty Youth Care Worker for
-every sixteen (16) children or youth during sleeping
-hours, and clinician ratios to children (including
-mental health providers) as required in grantee
-cooperative agreements;
-(2) the Secretary may grant a 60-day waiver for a
-contractor's or grantee's non-compliance with paragraph (1) if
-the Secretary certifies and provides a report to Congress on
-the contractor's or grantee's good-faith efforts and progress
-towards compliance;
-(3) not more than four consecutive waivers under paragraph
-(2) may be granted to a contractor or grantee with respect to a
+(1) the terms of the grant or contract for the operations of
+any such facility that remains in operation for more than six
+consecutive months shall require compliance with--
+(A) the same requirements as licensed placements, as listed
+in Exhibit 1 of the Flores Settlement Agreement that the
+Secretary determines are applicable to non-State licensed
+facilities; and
+(B) staffing ratios of one (1) on-duty Youth Care Worker
+for every eight (8) children or youth during waking hours, one
+(1) on-duty Youth Care Worker for every sixteen (16) children
+or youth during sleeping hours, and clinician ratios to
+children (including mental health providers) as required in
+grantee cooperative agreements;
+(2) the Secretary may grant a 60-day waiver for a contractor's
+or grantee's non-compliance with paragraph (1) if the Secretary
+certifies and provides a report to Congress on the contractor's or
+grantee's good-faith efforts and progress towards compliance;
+(3) not more than four consecutive waivers under paragraph (2)
+may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
-(5) for any such unlicensed facility in operation for more
-than three consecutive months, ORR shall conduct a minimum of
-one comprehensive monitoring visit during the first three
-months of operation, with quarterly monitoring visits
-thereafter; and
-(6) not later than 60 days after the date of enactment of
-this Act, ORR shall brief the Committees on Appropriations of
-the House of Representatives and the Senate outlining the
-requirements of ORR for influx facilities including any
-requirement listed in paragraph (1)(A) that the Secretary has
-determined are not applicable to non-State licensed facilities.
+(5) for any such unlicensed facility in operation for more than
+three consecutive months, ORR shall conduct a minimum of one
+comprehensive monitoring visit during the first three months of
+operation, with quarterly monitoring visits thereafter; and
+(6) not later than 60 days after the date of enactment of this
+Act, ORR shall brief the Committees on Appropriations of the House
+of Representatives and the Senate outlining the requirements of ORR
+for influx facilities including any requirement listed in paragraph
+(1)(A) that the Secretary has determined are not applicable to non-
+State licensed facilities.
Sec. 232. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the
Secretary shall notify the Committees on Appropriations of the House of
@@ -6338,11 +6243,11 @@
parents, or guardians), subsequently classified as unaccompanied alien
children, and transferred to the care and custody of ORR during the
previous month. Each report shall contain the following information:
-(1) the number and ages of children so separated subsequent
-to apprehension at or between ports of entry, to be reported by
-sector where separation occurred; and
-(2) the documented cause of separation, as reported by DHS
-when each child was referred.
+(1) the number and ages of children so separated subsequent to
+apprehension at or between ports of entry, to be reported by sector
+where separation occurred; and
+(2) the documented cause of separation, as reported by DHS when
+each child was referred.
Sec. 235. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
@@ -7286,15 +7191,15 @@
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
-(1) entities described in paragraph (a) of such section
-shall be considered ``qualified entities'' under section 3 of
-the National Child Protection Act of 1993 (``NCPA'');
-(2) individuals described in such section shall be
-considered ``volunteers'' under section 3 of NCPA; and
+(1) entities described in paragraph (a) of such section shall
+be considered ``qualified entities'' under section 3 of the
+National Child Protection Act of 1993 (``NCPA'');
+(2) individuals described in such section shall be considered
+``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
-established pursuant to section 178 of the 1990 Act, are
-authorized to receive criminal history record information,
-consistent with Public Law 92-544.
+established pursuant to section 178 of the 1990 Act, are authorized
+to receive criminal history record information, consistent with
+Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146, and 147 of the
1990 Act, an individual who successfully completes a term of service of
not less than 1,200 hours during a period of not more than one year may
@@ -7315,15 +7220,15 @@
is released from completing the required term of service for such
position, the Chief Executive Officer of the Corporation for National
and Community Service may--
-(1) deem such individual as having met the minimum
-requirements of the position or program for purposes of section
-139(c)(1) of the 1990 Act; and
-(2) notwithstanding section 139(c)(2)(B) of the 1990 Act,
-award the individual a pro-rated value of the educational award
-that corresponds to the quantity of the term of service
-actually completed by the individual without regard to whether
-such individual has completed at least 15 percent of their term
-of service as required under section 139(c) of the 1990 Act.
+(1) deem such individual as having met the minimum requirements
+of the position or program for purposes of section 139(c)(1) of the
+1990 Act; and
+(2) notwithstanding section 139(c)(2)(B) of the 1990 Act, award
+the individual a pro-rated value of the educational award that
+corresponds to the quantity of the term of service actually
+completed by the individual without regard to whether such
+individual has completed at least 15 percent of their term of
+service as required under section 139(c) of the 1990 Act.
Federal Mediation and Conciliation Service
@@ -7681,8 +7586,8 @@
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
-(1) the percentage of the total costs of the program or
-project which will be financed with Federal money;
+(1) the percentage of the total costs of the program or project
+which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
@@ -7700,14 +7605,13 @@
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
-(1) if the pregnancy is the result of an act of rape or
-incest; or
-(2) in the case where a woman suffers from a physical
-disorder, physical injury, or physical illness, including a
-life-endangering physical condition caused by or arising from
-the pregnancy itself, that would, as certified by a physician,
-place the woman in danger of death unless an abortion is
-performed.
+(1) if the pregnancy is the result of an act of rape or incest;
+or
+(2) in the case where a woman suffers from a physical disorder,
+physical injury, or physical illness, including a life-endangering
+physical condition caused by or arising from the pregnancy itself,
+that would, as certified by a physician, place the woman in danger
+of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
@@ -7733,11 +7637,11 @@
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
-(2) research in which a human embryo or embryos are
-destroyed, discarded, or knowingly subjected to risk of injury
-or death greater than that allowed for research on fetuses in
-utero under 45 CFR 46.204(b) and section 498(b) of the Public
-Health Service Act (42 U.S.C. 289g(b)).
+(2) research in which a human embryo or embryos are destroyed,
+discarded, or knowingly subjected to risk of injury or death
+greater than that allowed for research on fetuses in utero under 45
+CFR 46.204(b) and section 498(b) of the Public Health Service Act
+(42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
@@ -7764,11 +7668,11 @@
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
-regarding submission of an annual report to the Secretary of
-Labor concerning employment of certain veterans; and
-(2) such entity has not submitted a report as required by
-that section for the most recent year for which such
-requirement was applicable to such entity.
+regarding submission of an annual report to the Secretary of Labor
+concerning employment of certain veterans; and
+(2) such entity has not submitted a report as required by that
+section for the most recent year for which such requirement was
+applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
@@ -7787,9 +7691,8 @@
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
-(3) increases funds or personnel by any means for any
-project or activity for which funds have been denied or
-restricted;
+(3) increases funds or personnel by any means for any project
+or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
@@ -7881,9 +7784,8 @@
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
-(2) attendance at and support for scientific conferences
-shall be tabulated separately from and not included in agency
-totals.
+(2) attendance at and support for scientific conferences shall
+be tabulated separately from and not included in agency totals.
Sec. 522. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
@@ -7909,13 +7811,13 @@
and the Senate not less than 3 full business days prior to announcing
or providing notice of--
(1) any new or non-competing continuation grant, including
-supplements, issued at the discretion of such Departments
-(other than emergency response grants at any time of the year
-or for grant awards made during the last 10 business days of
-the fiscal year, or if applicable, of the program year); and
-(2) the termination or non-continuation of any grant,
-including a short description of the reason for the termination
-or non-continuation.
+supplements, issued at the discretion of such Departments (other
+than emergency response grants at any time of the year or for grant
+awards made during the last 10 business days of the fiscal year, or
+if applicable, of the program year); and
+(2) the termination or non-continuation of any grant, including
+a short description of the reason for the termination or non-
+continuation.
Sec. 525. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
@@ -7995,25 +7897,24 @@
For necessary expenses of the Office of the Secretary,
$187,344,000, to remain available until September 30, 2027: Provided,
That of the sums appropriated under this heading--
-(1) $3,764,000 shall be available for the immediate Office
-of the Secretary;
-(2) $1,348,000 shall be available for the immediate Office
-of the Deputy Secretary;
+(1) $3,764,000 shall be available for the immediate Office of
+the Secretary;
+(2) $1,348,000 shall be available for the immediate Office of
+the Deputy Secretary;
(3) $27,780,000 shall be available for the Office of the
-General Counsel: Provided, That the Secretary of
-Transportation (referred to in this title as ``the Secretary'')
-shall report to the House and Senate Committees on
-Appropriations on the implementation of all sections under
-title V of the FAA Reauthorization Act of 2024 (Public Law 118-
-63) not later than 90 days after enactment of this Act;
-(4) $21,358,000 shall be available for the Office of the
-Under Secretary of Transportation for Policy, of which
-$5,000,000 is for the Office for Multimodal Freight
-Infrastructure and Policy: Provided, That the Secretary must
-obtain reprogramming approval from the House and Senate
-Committees on Appropriations under section 405 of this Act
-prior to executing the authorities of section 118(g)(2)-(3) of
-title 49, United States Code;
+General Counsel: Provided, That the Secretary of Transportation
+(referred to in this title as ``the Secretary'') shall report to
+the House and Senate Committees on Appropriations on the
+implementation of all sections under title V of the FAA
+Reauthorization Act of 2024 (Public Law 118-63) not later than 90
+days after enactment of this Act;
+(4) $21,358,000 shall be available for the Office of the Under
+Secretary of Transportation for Policy, of which $5,000,000 is for
+the Office for Multimodal Freight Infrastructure and Policy:
+Provided, That the Secretary must obtain reprogramming approval
+from the House and Senate Committees on Appropriations under
+section 405 of this Act prior to executing the authorities of
+section 118(g)(2)-(3) of title 49, United States Code;
(5) $21,505,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,807,000 shall be available for the Office of the
@@ -8026,15 +7927,15 @@
Executive Secretariat;
(10) $19,388,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
-(11) $1,707,000 shall be available for the Office of the
-Chief Information Officer;
+(11) $1,707,000 shall be available for the Office of the Chief
+Information Officer;
(12) $1,517,000 shall be available for the Office of Tribal
Government Affairs; and
(13) $60,993,000 shall be available for shared services as
-authorized in section 327 of title 49, United States Code, for
-the Office of the Secretary that would otherwise be provided by
-the Working Capital Fund, in addition to amounts otherwise
-available for such purposes:
+authorized in section 327 of title 49, United States Code, for the
+Office of the Secretary that would otherwise be provided by the
+Working Capital Fund, in addition to amounts otherwise available
+for such purposes:
Provided further, That the Secretary is authorized to transfer funds
appropriated under this heading among the purposes specified in the
first proviso under this heading: Provided further, That such
@@ -8433,8 +8334,8 @@
be transferred under subsection (a) are--
(1) the local and regional project assistance program under
section 6702 of title 49, United States Code;
-(2) the university transportation centers program under
-section 5505 of title 49, United States Code; and
+(2) the university transportation centers program under section
+5505 of title 49, United States Code; and
(3) the drone infrastructure inspection grant program as
authorized by section 912 of title IX of Public Law 118-63.
Sec. 109. The Secretary of Transportation may transfer amounts
@@ -8494,11 +8395,11 @@
carrier is in compliance with the contract terms.
Sec. 109D. Of the unobligated balances of funds remaining from--
(1) ``Transportation Planning, Research, and Development''
-account in title I of division A of Public Law 111-117,
-$108,147.49 is hereby permanently rescinded; and
+account in title I of division A of Public Law 111-117, $108,147.49
+is hereby permanently rescinded; and
(2) ``Transportation Planning, Research, and Development''
-account in title I of division F of Public Law 108-199,
-$744,000 is hereby permanently rescinded.
+account in title I of division F of Public Law 108-199, $744,000 is
+hereby permanently rescinded.
Sec. 109E. Of the unobligated balances from amounts made available
for ``Railroad Rehabilitation and Improvement Financing Program'' in
section 420 of title IV of division G of Public Law 116-6, $25,476 is
@@ -8535,12 +8436,12 @@
organization activities;
(3) $41,755,000 shall be available for commercial space
transportation activities;
-(4) $963,410,000 shall be available for finance and
-management activities;
-(5) $65,813,000 shall be available for NextGen and
-operations planning activities;
-(6) $154,896,000 shall be available for security and
-hazardous materials safety activities; and
+(4) $963,410,000 shall be available for finance and management
+activities;
+(5) $65,813,000 shall be available for NextGen and operations
+planning activities;
+(6) $154,896,000 shall be available for security and hazardous
+materials safety activities; and
(7) $301,422,000 shall be available for staff offices:
Provided further, That of the amounts allocated under the previous
proviso--
@@ -8551,26 +8452,26 @@
(C) not less than $279,200,000 shall be used to fund direct
operations of the current air traffic control towers in the
contract tower program, including the contract tower cost share
-program, and any airport that is currently qualified or that
-will qualify for the program during the fiscal year;
-(D) $6,000,000 shall be for the pilot program to convert
-high activity air traffic control towers operating under the
-contract tower program to FAA staffed visual flight rules
-towers, as authorized under section 625 of the FAA
-Reauthorization Act of 2024, and to prioritize the contract
-towers as required under section 625(a)(2) of such Act;
+program, and any airport that is currently qualified or that will
+qualify for the program during the fiscal year;
+(D) $6,000,000 shall be for the pilot program to convert high
+activity air traffic control towers operating under the contract
+tower program to FAA staffed visual flight rules towers, as
+authorized under section 625 of the FAA Reauthorization Act of
+2024, and to prioritize the contract towers as required under
+section 625(a)(2) of such Act;
(E) not less than $16,000,000 shall be for the Office of
Spectrum Engineering;
(F) $6,000,000 shall be for unmanned aircraft system test
ranges;
(G) not less than $7,500,000 shall be for the internship
-program authorized under section 404 of the FAA Reauthorization
-Act of 2024 (Public Law 118-63);
+program authorized under section 404 of the FAA Reauthorization Act
+of 2024 (Public Law 118-63);
(H) not less than $1,000,000 shall be for the human
intervention motivation study contract and the flight attendant
drug and alcohol program contract; and
-(I) $3,000,000 shall be for the FAA's veterans' pilot
-training program:
+(I) $3,000,000 shall be for the FAA's veterans' pilot training
+program:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
@@ -8732,24 +8633,22 @@
section 625 of the FAA Reauthorization Act of 2018, as amended (49
U.S.C. 40132 note): Provided further, That of the amounts set aside
under the preceding proviso--
-(1) no less than $10,000,000 shall be awarded for
-manufacturing workforce grants as authorized under section 625
-(a)(3) of such Act;
+(1) no less than $10,000,000 shall be awarded for manufacturing
+workforce grants as authorized under section 625 (a)(3) of such
+Act;
(2) $10,000,000 shall be for not more than two community
-colleges that are sponsors of a general aviation airport
-identified in the National Plan of Integrated Airport Systems:
-Provided, That grants awarded under this paragraph for
-community colleges shall be awarded for an amount not less than
-$5,000,000 per award: Provided further, That the Secretary may
-award such grants under this subsection notwithstanding section
-625(b)(2) of the FAA Reauthorization Act of 2018, as amended
-(49 U.S.C. 40132 note); and
-(3) no less than $20,000,000 shall be awarded to
-institutions eligible under paragraphs (1) and (3) of section
-1067q(a) of title 20, United States Code, and priority shall be
-given to institutions or consortiums of institutions near
-commercial aviation manufacturing and military aviation
-employment opportunities.
+colleges that are sponsors of a general aviation airport identified
+in the National Plan of Integrated Airport Systems: Provided, That
+grants awarded under this paragraph for community colleges shall be
+awarded for an amount not less than $5,000,000 per award: Provided
+further, That the Secretary may award such grants under this
+subsection notwithstanding section 625(b)(2) of the FAA
+Reauthorization Act of 2018, as amended (49 U.S.C. 40132 note); and
+(3) no less than $20,000,000 shall be awarded to institutions
+eligible under paragraphs (1) and (3) of section 1067q(a) of title
+20, United States Code, and priority shall be given to institutions
+or consortiums of institutions near commercial aviation
+manufacturing and military aviation employment opportunities.
grants-in-aid for airports
@@ -8824,58 +8723,56 @@
limitation on obligations for the Grants-in-Aid for Airports program
set forth in any Act: Provided further, That of the sums appropriated
under this heading--
-(1) $542,356,000 shall be made available for the purposes,
-and in the amounts, specified for Community Project Funding/
-Congressionally Directed Spending in the table entitled
-``Community Project Funding/Congressionally Directed Spending''
-for this division in the explanatory statement described in
-section 4 (in the matter preceding division A of this
-consolidated Act): Provided, That amounts made available in
-the preceding proviso for such purposes shall not diminish or
-prejudice any application or geographic region for other
-discretionary grant or loan awards made by the Department of
-Transportation: Provided further, That funds made available
-under this section shall not be subject to or considered under
-section 47115(j)(3)(B), 47115(j)(3)(C), or 47115(j)(3)(D) of
-title 49, United States Code; and
-(2) up to $35,000,000 shall be made available to the
-Secretary to distribute as discretionary grants to airports
-that include, but are not limited to, projects that are
-eligible under section 47115(j)(3)(D) of title 49, United
-States Code: Provided, That of amounts made available under
-this heading, $20,000,000 shall be made available for the
-Secretary to distribute as discretionary grants for airports
-with scheduled commercial service in calendar year 2024, that
-serve essential air service markets as reported in October
-2024, reported and certified zero dollars total debt at end of
-year on the form FAA-5100-127 submitted before the date of
-enactment of this Act for fiscal year 2024, and were allocated
-an amount under the heading ``Grants-in-Aid for Airports'' in
-division B of Public Law 116-136 equal to or less than the
-amount designated for a regional airport under paragraph (4)
-under such heading: Provided further, That the funds made
-available under the preceding proviso shall be prioritized for
-airports participating in the FAA Contract Tower Program:
+(1) $542,356,000 shall be made available for the purposes, and
+in the amounts, specified for Community Project Funding/
+Congressionally Directed Spending in the table entitled ``Community
+Project Funding/Congressionally Directed Spending'' for this
+division in the explanatory statement described in section 4 (in
+the matter preceding division A of this consolidated Act):
+Provided, That amounts made available in the preceding proviso for
+such purposes shall not diminish or prejudice any application or
+geographic region for other discretionary grant or loan awards made
+by the Department of Transportation: Provided further, That funds
+made available under this section shall not be subject to or
+considered under section 47115(j)(3)(B), 47115(j)(3)(C), or
+47115(j)(3)(D) of title 49, United States Code; and
+(2) up to $35,000,000 shall be made available to the Secretary
+to distribute as discretionary grants to airports that include, but
+are not limited to, projects that are eligible under section
+47115(j)(3)(D) of title 49, United States Code: Provided, That of
+amounts made available under this heading, $20,000,000 shall be
+made available for the Secretary to distribute as discretionary
+grants for airports with scheduled commercial service in calendar
+year 2024, that serve essential air service markets as reported in
+October 2024, reported and certified zero dollars total debt at end
+of year on the form FAA-5100-127 submitted before the date of
+enactment of this Act for fiscal year 2024, and were allocated an
+amount under the heading ``Grants-in-Aid for Airports'' in division
+B of Public Law 116-136 equal to or less than the amount designated
+for a regional airport under paragraph (4) under such heading:
+Provided further, That the funds made available under the preceding
+proviso shall be prioritized for airports participating in the FAA
+Contract Tower Program:
Provided further, That of the amounts made available under this
heading--
(1) $300,000,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal years 2023, 2024, 2025, and 2026 for personnel,
-contracting, and other costs to administer and oversee grants
-(excluding amounts transferred to the Office of Inspector
-General of the Department of Transportation) under the heading
-``Federal Aviation Administration--Airport Infrastructure
-Grants'' in title VIII of division J of the Infrastructure
-Investment and Jobs Act (Public Law 117-58); and
+unobligated balances of amounts previously appropriated for fiscal
+years 2023, 2024, 2025, and 2026 for personnel, contracting, and
+other costs to administer and oversee grants (excluding amounts
+transferred to the Office of Inspector General of the Department of
+Transportation) under the heading ``Federal Aviation
+Administration--Airport Infrastructure Grants'' in title VIII of
+division J of the Infrastructure Investment and Jobs Act (Public
+Law 117-58); and
(2) $68,670,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal years 2023, 2024, 2025, and 2026 for personnel,
-contracting, and other costs to administer and oversee grants
-(excluding amounts transferred to the Office of Inspector
-General of the Department of Transportation) under the heading
-``Federal Aviation Administration--Airport Terminal Program''
-in title VIII of division J of the Infrastructure Investment
-and Jobs Act (Public Law 117-58):
+unobligated balances of amounts previously appropriated for fiscal
+years 2023, 2024, 2025, and 2026 for personnel, contracting, and
+other costs to administer and oversee grants (excluding amounts
+transferred to the Office of Inspector General of the Department of
+Transportation) under the heading ``Federal Aviation
+Administration--Airport Terminal Program'' in title VIII of
+division J of the Infrastructure Investment and Jobs Act (Public
+Law 117-58):
Provided further, That amounts transferred pursuant to the preceding
provisos shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5.
@@ -9002,27 +8899,24 @@
Sec. 119F. Section 44502(e) of title 49, United States Code, shall
be applied by inserting the following after paragraph (4):
``(5) Limitations.--
-``(A) Systems or equipment.--Eligible air traffic
-systems or equipment identified in subparagraphs (A)
-through (C) of paragraph (3) of this subsection to be
-transferred to the Administrator under this subsection
-must have been purchased by the transferor airport on
-or after October 5, 2018.
-``(B) Other systems or equipment.--Eligible air
-traffic systems or equipment identified in subparagraph
-(D) of paragraph (3) of this subsection to be
-transferred to the Administrator under this subsection
-must have been purchased by the transferor airport on
-or after October 1, 2024.
-``(6) Airports classified as a basic or local general
-aviation airport.--An airport that is categorized as a basic or
-local general aviation airport under the most recently
-published national plan of integrated airport systems under
-section 47103 may only transfer an eligible air traffic system
-or equipment under this subsection in accordance with the
-exception provided in paragraph (4) if such system or equipment
-was purchased by the transferor airport on or after October 1,
-2024.''.
+``(A) Systems or equipment.--Eligible air traffic systems
+or equipment identified in subparagraphs (A) through (C) of
+paragraph (3) of this subsection to be transferred to the
+Administrator under this subsection must have been purchased by
+the transferor airport on or after October 5, 2018.
+``(B) Other systems or equipment.--Eligible air traffic
+systems or equipment identified in subparagraph (D) of
+paragraph (3) of this subsection to be transferred to the
+Administrator under this subsection must have been purchased by
+the transferor airport on or after October 1, 2024.
+``(6) Airports classified as a basic or local general aviation
+airport.--An airport that is categorized as a basic or local
+general aviation airport under the most recently published national
+plan of integrated airport systems under section 47103 may only
+transfer an eligible air traffic system or equipment under this
+subsection in accordance with the exception provided in paragraph
+(4) if such system or equipment was purchased by the transferor
+airport on or after October 1, 2024.''.
Sec. 119G. None of the funds in this or any other Act shall be
used to plan, design, or implement the privatization or separation of
the air traffic organization functions of the Federal Aviation
@@ -9099,79 +8993,72 @@
of which--
(1) $1,093,756,000 shall be derived from the unobligated
balances of amounts previously appropriated under the heading
-``Federal Highway Administration--Highway Infrastructure
-Programs'' in title VIII of division J of Public Law 117-58, as
-follows:
-(A) $125,000,000 from amounts previously
-appropriated for fiscal years 2023, 2024, 2025, and
-2026 for operations and administration of the Federal
-Highway Administration (excluding amounts transferred
-to the Office of Inspector General of the Department of
-Transportation);
-(B) $75,000,000 from amounts previously
-appropriated for fiscal year 2022 in paragraph (2) of
-such title VIII for the Joint Office of Energy and
-Transportation;
-(C) $300,000,000 from amounts previously
-appropriated for fiscal years 2024, 2025, and 2026 in
-paragraph (2) of such title VIII for grants to States
-or localities that require additional assistance to
-strategically deploy electric vehicle charging
-infrastructure;
-(D) $503,756,000 from amounts previously
-appropriated for fiscal years 2022, 2023, 2024, 2025,
-and 2026 in paragraph (2) of such title VIII that were
-distributed among the States, to be derived on a
-proportional basis from such unobligated amounts based
-on the unobligated balances from fiscal year 2022 by
-State as of January 31, 2026; and
-(E) $90,000,000 from amounts previously
-appropriated for fiscal years 2024, 2025, and 2026
-under paragraph (5) of such title VIII for the
-reduction of truck emissions at port facilities
-program:
-Provided, That amounts derived from the unobligated balances
-as described in the matter preceding this proviso shall
-continue to be treated as amounts specified in section 103(b)
-of division A of Public Law 118-5;
+``Federal Highway Administration--Highway Infrastructure Programs''
+in title VIII of division J of Public Law 117-58, as follows:
+(A) $125,000,000 from amounts previously appropriated for
+fiscal years 2023, 2024, 2025, and 2026 for operations and
+administration of the Federal Highway Administration (excluding
+amounts transferred to the Office of Inspector General of the
+Department of Transportation);
+(B) $75,000,000 from amounts previously appropriated for
+fiscal year 2022 in paragraph (2) of such title VIII for the
+Joint Office of Energy and Transportation;
+(C) $300,000,000 from amounts previously appropriated for
+fiscal years 2024, 2025, and 2026 in paragraph (2) of such
+title VIII for grants to States or localities that require
+additional assistance to strategically deploy electric vehicle
+charging infrastructure;
+(D) $503,756,000 from amounts previously appropriated for
+fiscal years 2022, 2023, 2024, 2025, and 2026 in paragraph (2)
+of such title VIII that were distributed among the States, to
+be derived on a proportional basis from such unobligated
+amounts based on the unobligated balances from fiscal year 2022
+by State as of January 31, 2026; and
+(E) $90,000,000 from amounts previously appropriated for
+fiscal years 2024, 2025, and 2026 under paragraph (5) of such
+title VIII for the reduction of truck emissions at port
+facilities program:
+Provided, That amounts derived from the unobligated balances as
+described in the matter preceding this proviso shall continue to be
+treated as amounts specified in section 103(b) of division A of
+Public Law 118-5;
(2) $20,000,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal years 2025 and 2026 under the heading ``Federal Motor
-Carrier Safety Administration--Motor Carrier Safety Operations
-and Program'' in title VIII of division J of Public Law 117-58:
+unobligated balances of amounts previously appropriated for fiscal
+years 2025 and 2026 under the heading ``Federal Motor Carrier
+Safety Administration--Motor Carrier Safety Operations and
+Program'' in title VIII of division J of Public Law 117-58:
Provided, That amounts derived by transfer as described in the
matter preceding this proviso shall continue to be treated as
amounts specified in section 103(b) of division A of Public Law
118-5;
(3) $204,912,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal years 2022, 2023, 2024, 2025, and 2026 under the heading
-``Office of the Secretary--Strengthening Mobility and
-Revolutionizing Transportation Grant Program'' in title VIII of
-division J of Public Law 117-58: Provided, That amounts
+unobligated balances of amounts previously appropriated for fiscal
+years 2022, 2023, 2024, 2025, and 2026 under the heading ``Office
+of the Secretary--Strengthening Mobility and Revolutionizing
+Transportation Grant Program'' in title VIII of division J of
+Public Law 117-58: Provided, That amounts derived by transfer as
+described in the matter preceding this proviso shall continue to be
+treated as amounts specified in section 103(b) of division A of
+Public Law 118-5;
+(4) $50,000,000 shall be derived by transfer from the
+unobligated balances of amounts made available by transfer pursuant
+to section 801 in title VIII of division J of Public Law 117-58
+(excluding amounts transferred to the Office of Inspector General
+of the Department of Transportation): Provided, That amounts
derived by transfer as described in the matter preceding this
proviso shall continue to be treated as amounts specified in
-section 103(b) of division A of Public Law 118-5;
-(4) $50,000,000 shall be derived by transfer from the
-unobligated balances of amounts made available by transfer
-pursuant to section 801 in title VIII of division J of Public
-Law 117-58 (excluding amounts transferred to the Office of
-Inspector General of the Department of Transportation):
+section 103(b) of division A of Public Law 118-5; and
+(5) $100,000,000 shall be derived by transfer from the
+unobligated balances of amounts previously appropriated for fiscal
+year 2026 under the heading ``Pipeline and Hazardous Materials
+Safety Administration--Natural Gas Distribution Infrastructure
+Safety and Modernization Grant Program'' in title VIII of division
+J of Public Law 117-58 (excluding amounts transferred to the Office
+of Inspector General of the Department of Transportation):
Provided, That amounts derived by transfer as described in the
matter preceding this proviso shall continue to be treated as
amounts specified in section 103(b) of division A of Public Law
-118-5; and
-(5) $100,000,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal year 2026 under the heading ``Pipeline and Hazardous
-Materials Safety Administration--Natural Gas Distribution
-Infrastructure Safety and Modernization Grant Program'' in
-title VIII of division J of Public Law 117-58 (excluding
-amounts transferred to the Office of Inspector General of the
-Department of Transportation): Provided, That amounts derived
-by transfer as described in the matter preceding this proviso
-shall continue to be treated as amounts specified in section
-103(b) of division A of Public Law 118-5:
+118-5:
Provided further, That the funds made available under this heading
shall be in addition to any funds provided for fiscal year 2026 in this
or any other Act for: (1) ``Federal-aid Highways'' under chapter 1 of
@@ -9196,326 +9083,307 @@
construction programs set forth in any Act making annual
appropriations: Provided further, That of the sums appropriated or
otherwise made available under this heading--
-(1) $1,514,721,091, which shall be available until
-September 30, 2029, shall be for the purposes, and in the
-amounts, specified for Community Project Funding/
-Congressionally Directed Spending in the table entitled
-``Community Project Funding/Congressionally Directed Spending''
-included for this division in the explanatory statement
-described in section 4 (in the matter preceding division A of
-this consolidated Act): Provided, That amounts made available
-in the preceding proviso for such purposes shall not diminish
-or prejudice any application or geographic region for other
+(1) $1,514,721,091, which shall be available until September
+30, 2029, shall be for the purposes, and in the amounts, specified
+for Community Project Funding/Congressionally Directed Spending in
+the table entitled ``Community Project Funding/Congressionally
+Directed Spending'' included for this division in the explanatory
+statement described in section 4 (in the matter preceding division
+A of this consolidated Act): Provided, That amounts made available
+in the preceding proviso for such purposes shall not diminish or
+prejudice any application or geographic region for other
discretionary grant or loan awards made by the Department of
Transportation: Provided further, That, except as otherwise
-provided under this heading, the funds made available under
-this paragraph shall be administered as if apportioned under
-chapter 1 of title 23, United States Code: Provided further,
-That funds made available under this paragraph that are used
-for Tribal projects shall be administered as if allocated under
-chapter 2 of title 23, United States Code, except that the set-
-asides described in subparagraph (C) of section 202(b)(3) of
-title 23, United States Code, and subsections (a)(6), (c), and
-(e) of section 202 of such title, and section 1123(h)(1) of
-MAP-21 (as amended by Public Law 117-58), shall not apply to
-such funds;
-(2) $200,000,000, to remain available until September 30,
-2029, shall be for activities eligible under the Tribal
-transportation program, as described in section 202 of title
-23, United States Code: Provided, That, except as otherwise
-provided under this heading, the funds made available under
-this paragraph shall be administered as if allocated under
-chapter 2 of title 23, United States Code: Provided further,
-That the set-asides described in subparagraph (C) of section
-202(b)(3) of title 23, United States Code, and subsections
-(a)(6), (c), and (e) of section 202 of such title shall not
-apply to funds made available under this paragraph: Provided
-further, That the set-aside described in section 1123(h)(1) of
-MAP-21 (as amended by Public Law 117-58), shall not apply to
-such funds;
-(3) $200,000,000, to remain available until expended, shall
-be to carry out the Nationally Significant Multimodal Freight
-and Highway Projects program under section 117 of title 23,
-United States Code: Provided, That the funds made available
-under this paragraph shall be for projects to provide public
-parking for commercial motor vehicles: Provided further, That
-such projects shall be within reasonable access to or in the
-right of way of an Interstate highway, the National Highway
-System, or the National Highway Freight Network: Provided
-further, That the Secretary shall reserve not less than 50
-percent of the amounts made available under this paragraph to
-make grants for projects that do not satisfy the minimum
-threshold under section 117(d)(1)(B) of such title: Provided
-further, That, of the amount reserved under the preceding
-proviso, not less than 30 percent shall be used for projects in
-rural areas: Provided further, That each grant made with funds
-reserved under the third proviso of this paragraph shall be in
-an amount that is at least $5,000,000: Provided further, That
-in addition to other applicable requirements, in making grants
-with funds reserved under the third proviso of this paragraph,
-the Secretary shall take into consideration the project
-selection considerations described in section 117(e)(3) of such
-title: Provided further, That, except as described in the
-preceding proviso, subsections (e) and (i) of section 117 of
-such title shall not apply to funds made available under this
-paragraph: Provided further, That the Secretary shall reserve
-not less than 25 percent of the amounts made available under
-this paragraph to make grants for projects located in rural
-areas: Provided further, That if qualified applications will
-not allow for the amount reserved under the preceding proviso
-to be fully utilized, the Secretary shall combine the
-unutilized amounts with the amounts reserved under the fourth
-proviso of this paragraph: Provided further, That the
-requirements in section 117(g) of such title shall not apply to
-a project assisted with a grant under this paragraph that does
-not meet the minimum threshold under section 117(d)(1)(B):
-Provided further, That, except as described in the following
-proviso, the Federal share of the cost of a project assisted
-with a grant under this paragraph may not exceed 60 percent:
-Provided further, That the Federal share of the cost of a
-project that does not meet the minimum threshold under section
-117(d)(1)(B) of such title shall be 80 percent: Provided
-further, That an eligible applicant that receives a grant under
-this paragraph may partner with a private entity to fund the
-development, capacity expansion, or operation or maintenance of
-a facility: Provided further, That no fees may be charged by
-an eligible applicant receiving a grant under this paragraph to
-a commercial motor vehicle driver to use parking constructed,
-expanded, opened, maintained, or improved with a grant under
-this paragraph: Provided further, That the funds made
+provided under this heading, the funds made available under this
+paragraph shall be administered as if apportioned under chapter 1
+of title 23, United States Code: Provided further, That funds made
+available under this paragraph that are used for Tribal projects
+shall be administered as if allocated under chapter 2 of title 23,
+United States Code, except that the set-asides described in
+subparagraph (C) of section 202(b)(3) of title 23, United States
+Code, and subsections (a)(6), (c), and (e) of section 202 of such
+title, and section 1123(h)(1) of MAP-21 (as amended by Public Law
+117-58), shall not apply to such funds;
+(2) $200,000,000, to remain available until September 30, 2029,
+shall be for activities eligible under the Tribal transportation
+program, as described in section 202 of title 23, United States
+Code: Provided, That, except as otherwise provided under this
+heading, the funds made available under this paragraph shall be
+administered as if allocated under chapter 2 of title 23, United
+States Code: Provided further, That the set-asides described in
+subparagraph (C) of section 202(b)(3) of title 23, United States
+Code, and subsections (a)(6), (c), and (e) of section 202 of such
+title shall not apply to funds made available under this paragraph:
+Provided further, That the set-aside described in section
+1123(h)(1) of MAP-21 (as amended by Public Law 117-58), shall not
+apply to such funds;
+(3) $200,000,000, to remain available until expended, shall be
+to carry out the Nationally Significant Multimodal Freight and
+Highway Projects program under section 117 of title 23, United
+States Code: Provided, That the funds made available under this
+paragraph shall be for projects to provide public parking for
+commercial motor vehicles: Provided further, That such projects
+shall be within reasonable access to or in the right of way of an
+Interstate highway, the National Highway System, or the National
+Highway Freight Network: Provided further, That the Secretary
+shall reserve not less than 50 percent of the amounts made
+available under this paragraph to make grants for projects that do
+not satisfy the minimum threshold under section 117(d)(1)(B) of
+such title: Provided further, That, of the amount reserved under
+the preceding proviso, not less than 30 percent shall be used for
+projects in rural areas: Provided further, That each grant made
+with funds reserved under the third proviso of this paragraph shall
+be in an amount that is at least $5,000,000: Provided further,
+That in addition to other applicable requirements, in making grants
+with funds reserved under the third proviso of this paragraph, the
+Secretary shall take into consideration the project selection
+considerations described in section 117(e)(3) of such title:
+Provided further, That, except as described in the preceding
+proviso, subsections (e) and (i) of section 117 of such title shall
+not apply to funds made available under this paragraph: Provided
+further, That the Secretary shall reserve not less than 25 percent
+of the amounts made available under this paragraph to make grants
+for projects located in rural areas: Provided further, That if
+qualified applications will not allow for the amount reserved under
+the preceding proviso to be fully utilized, the Secretary shall
+combine the unutilized amounts with the amounts reserved under the
+fourth proviso of this paragraph: Provided further, That the
+requirements in section 117(g) of such title shall not apply to a
+project assisted with a grant under this paragraph that does not
+meet the minimum threshold under section 117(d)(1)(B): Provided
+further, That, except as described in the following proviso, the
+Federal share of the cost of a project assisted with a grant under
+this paragraph may not exceed 60 percent: Provided further, That
+the Federal share of the cost of a project that does not meet the
+minimum threshold under section 117(d)(1)(B) of such title shall be
+80 percent: Provided further, That an eligible applicant that
+receives a grant under this paragraph may partner with a private
+entity to fund the development, capacity expansion, or operation or
+maintenance of a facility: Provided further, That no fees may be
+charged by an eligible applicant receiving a grant under this
+paragraph to a commercial motor vehicle driver to use parking
+constructed, expanded, opened, maintained, or improved with a grant
+under this paragraph: Provided further, That the funds made
available under this paragraph shall not be used for the
-construction, or development phase activities that would enable
-the construction, of charging or fueling infrastructure for the
+construction, or development phase activities that would enable the
+construction, of charging or fueling infrastructure for the
propulsion of a vehicle, including a commercial motor vehicle:
-Provided further, That for purposes of this paragraph, (1) the
-term ``commercial motor vehicle'' has the meaning given the
-term in section 31132 of title 49, United States Code, and (2)
-the term ``rural area'' has the meaning given the term in
-section 117(i)(3) of title 23, United States Code;
-(4) $5,000,000, to remain available until September 30,
-2029, shall be to carry out section 11502 of the Infrastructure
+Provided further, That for purposes of this paragraph, (1) the term
+``commercial motor vehicle'' has the meaning given the term in
+section 31132 of title 49, United States Code, and (2) the term
+``rural area'' has the meaning given the term in section 117(i)(3)
+of title 23, United States Code;
+(4) $5,000,000, to remain available until September 30, 2029,
+shall be to carry out section 11502 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 148 note): Provided, That,
-except as otherwise provided under such section or this
-heading, the funds made available under this paragraph shall be
-administered as if apportioned under chapter 1 of title 23,
-United States Code;
-(5) $5,000,000, to remain available until September 30,
-2029, shall be to carry out the regional infrastructure
-accelerator demonstration program under section 1441 of the
-FAST Act (23 U.S.C. 601 note): Provided, That for funds made
-available under this paragraph, the Federal share of the costs
-shall be, at the option of the recipient, up to 100 percent:
-Provided further, That funds made available under this
-paragraph may be transferred to the Office of the Secretary;
+except as otherwise provided under such section or this heading,
+the funds made available under this paragraph shall be administered
+as if apportioned under chapter 1 of title 23, United States Code;
+(5) $5,000,000, to remain available until September 30, 2029,
+shall be to carry out the regional infrastructure accelerator
+demonstration program under section 1441 of the FAST Act (23 U.S.C.
+601 note): Provided, That for funds made available under this
+paragraph, the Federal share of the costs shall be, at the option
+of the recipient, up to 100 percent: Provided further, That funds
+made available under this paragraph may be transferred to the
+Office of the Secretary;
(6) $20,000,000 shall be for necessary expenses for
construction of the Appalachian development highway system, as
-authorized under section 1069(y) of Public Law 102-240:
-Provided, That for the purposes of funds made available under
-this paragraph, the term ``Appalachian State'' means a State
-that contains 1 or more counties (including any political
-subdivision located within the area) in the Appalachian region
-as defined in section 14102(a) of title 40, United States Code:
-Provided further, That funds made available under this heading
-for construction of the Appalachian development highway system
-shall remain available until expended: Provided further, That,
-except as provided in the following proviso, funds made
-available under this heading for construction of the
-Appalachian development highway system shall be administered as
-if apportioned under chapter 1 of title 23, United States Code:
+authorized under section 1069(y) of Public Law 102-240: Provided,
+That for the purposes of funds made available under this paragraph,
+the term ``Appalachian State'' means a State that contains 1 or
+more counties (including any political subdivision located within
+the area) in the Appalachian region as defined in section 14102(a)
+of title 40, United States Code: Provided further, That funds made
+available under this heading for construction of the Appalachian
+development highway system shall remain available until expended:
+Provided further, That, except as provided in the following
+proviso, funds made available under this heading for construction
+of the Appalachian development highway system shall be administered
+as if apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project carried out with funds made
-available under this heading for construction of the
-Appalachian development highway system shall be carried out in
-the same manner as a project under section 14501 of title 40,
-United States Code: Provided further, That subject to the
-following proviso, funds made available under this heading for
-construction of the Appalachian development highway system
-shall be apportioned to Appalachian States according to the
-percentages derived from the 2012 Appalachian development
-highway system cost-to-complete estimate, adopted in
-Appalachian Regional Commission Resolution Number 736, and
-confirmed as each Appalachian State's relative share of the
-estimated remaining need to complete the Appalachian
-development highway system, adjusted to exclude those corridors
-that such States have no current plans to complete, as reported
-in the 2013 Appalachian Development Highway System Completion
-Report, unless those States have modified and assigned a higher
-priority for completion of an Appalachian development highway
-system corridor, as reported in the 2020 Appalachian
-Development Highway System Future Outlook: Provided further,
-That the Secretary shall adjust apportionments made under the
-preceding proviso so that no Appalachian State shall be
-apportioned an amount in excess of 30 percent of the amount
-made available for construction of the Appalachian development
-highway system under this heading: Provided further, That the
-Secretary shall consult with the Appalachian Regional
-Commission in making adjustments under the preceding two
-provisos: Provided further, That the Federal share of the
-costs for which an expenditure is made for construction of the
-Appalachian development highway system under this heading shall
+available under this heading for construction of the Appalachian
+development highway system shall be carried out in the same manner
+as a project under section 14501 of title 40, United States Code:
+Provided further, That subject to the following proviso, funds made
+available under this heading for construction of the Appalachian
+development highway system shall be apportioned to Appalachian
+States according to the percentages derived from the 2012
+Appalachian development highway system cost-to-complete estimate,
+adopted in Appalachian Regional Commission Resolution Number 736,
+and confirmed as each Appalachian State's relative share of the
+estimated remaining need to complete the Appalachian development
+highway system, adjusted to exclude those corridors that such
+States have no current plans to complete, as reported in the 2013
+Appalachian Development Highway System Completion Report, unless
+those States have modified and assigned a higher priority for
+completion of an Appalachian development highway system corridor,
+as reported in the 2020 Appalachian Development Highway System
+Future Outlook: Provided further, That the Secretary shall adjust
+apportionments made under the preceding proviso so that no
+Appalachian State shall be apportioned an amount in excess of 30
+percent of the amount made available for construction of the
+Appalachian development highway system under this heading:
+Provided further, That the Secretary shall consult with the
+Appalachian Regional Commission in making adjustments under the
+preceding two provisos: Provided further, That the Federal share
+of the costs for which an expenditure is made for construction of
+the Appalachian development highway system under this heading shall
be up to 100 percent;
-(7) $3,000,000, to remain available until September 30,
-2029, shall be transferred to the Southwest Border Regional
-Commission (40 U.S.C. 15101 et seq.) to make grants, in
-addition to amounts otherwise made available to the Southwest
-Border Regional Commission for such purpose, for authorized
-activities, including for administration of grants or
-cooperative agreements to support interjurisdictional planning
-activities advancing transportation infrastructure: Provided,
-That a grant made with funds made available under this
-paragraph shall be administered in the same manner as a grant
-made under subtitle V of title 40, United States Code;
-(8) $5,000,000, to remain available until expended, shall
-be transferred to the Northern Border Regional Commission (40
-U.S.C. 15101 et seq.) to make grants, in addition to amounts
-otherwise made available to the Northern Border Regional
-Commission for such purpose, to carry out pilot projects that
-demonstrate the capabilities of wood-based infrastructure
-projects: Provided, That a grant made with funds made
-available under this paragraph shall be administered in the
-same manner as a grant made under subtitle V of title 40,
-United States Code;
-(9) $5,000,000 shall be transferred to the Denali
-Commission for activities eligible under section 307(d) of the
-Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
-105-277): Provided, That funds made available under this
-paragraph shall not be subject to section 311 of such Act:
-Provided further, That except as otherwise provided under
-section 307(d) of such Act or this heading, funds made
-available under this paragraph shall be administered as if
-directly appropriated to the Denali Commission and subject to
-applicable provisions of such Act, including the requirement in
-section 307(d) of such Act that the local community provides a
-10 percent non-Federal match in the form of any necessary land
-or planning and design funds: Provided further, That such
-funds shall be available until expended: Provided further,
-That the Federal share of the costs for which an expenditure is
-made with funds transferred under this paragraph shall be up to
-90 percent;
-(10) $15,000,000 shall be transferred to the Denali
-Commission to carry out the Denali access system program under
-section 309 of the Denali Commission Act of 1998 (42 U.S.C.
-3121 note; Public Law 105-277): Provided, That a transfer
-under this paragraph shall not be subject to section 311 of
-such Act: Provided further, That except as otherwise provided
-under this heading, funds made available under this paragraph
-shall be administered as if directly appropriated to the Denali
-Commission and subject to applicable provisions of such Act:
-Provided further, That funds made available under this
-paragraph shall not be subject to section 309(j)(2) of such
-Act: Provided further, That funds made available under this
-paragraph shall be available until expended: Provided further,
-That the Federal share of the costs for which an expenditure is
-made with funds transferred under this paragraph shall be up to
-100 percent;
-(11) $2,000,000, to remain available until September 30,
-2029, shall be to carry out the pollinator-friendly practices
-on roadsides and highway rights-of-way program under section
-332 of title 23, United States Code;
-(12) $10,000,000, to remain available until September 30,
-2029, shall be for the national scenic byways program under
-section 162 of title 23, United States Code: Provided, That,
-except as otherwise provided under this heading, the funds made
-available under this paragraph shall be administered as if
-apportioned under chapter 1 of title 23, United States Code;
+(7) $3,000,000, to remain available until September 30, 2029,
+shall be transferred to the Southwest Border Regional Commission
+(40 U.S.C. 15101 et seq.) to make grants, in addition to amounts
+otherwise made available to the Southwest Border Regional
+Commission for such purpose, for authorized activities, including
+for administration of grants or cooperative agreements to support
+interjurisdictional planning activities advancing transportation
+infrastructure: Provided, That a grant made with funds made
+available under this paragraph shall be administered in the same
+manner as a grant made under subtitle V of title 40, United States
+Code;
+(8) $5,000,000, to remain available until expended, shall be
+transferred to the Northern Border Regional Commission (40 U.S.C.
+15101 et seq.) to make grants, in addition to amounts otherwise
+made available to the Northern Border Regional Commission for such
+purpose, to carry out pilot projects that demonstrate the
+capabilities of wood-based infrastructure projects: Provided, That
+a grant made with funds made available under this paragraph shall
+be administered in the same manner as a grant made under subtitle V
+of title 40, United States Code;
+(9) $5,000,000 shall be transferred to the Denali Commission
+for activities eligible under section 307(d) of the Denali
+Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277):
+Provided, That funds made available under this paragraph shall not
+be subject to section 311 of such Act: Provided further, That
+except as otherwise provided under section 307(d) of such Act or
+this heading, funds made available under this paragraph shall be
+administered as if directly appropriated to the Denali Commission
+and subject to applicable provisions of such Act, including the
+requirement in section 307(d) of such Act that the local community
+provides a 10 percent non-Federal match in the form of any
+necessary land or planning and design funds: Provided further,
+That such funds shall be available until expended: Provided
+further, That the Federal share of the costs for which an
+expenditure is made with funds transferred under this paragraph
+shall be up to 90 percent;
+(10) $15,000,000 shall be transferred to the Denali Commission
+to carry out the Denali access system program under section 309 of
+the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
+105-277): Provided, That a transfer under this paragraph shall not
+be subject to section 311 of such Act: Provided further, That
+except as otherwise provided under this heading, funds made
+available under this paragraph shall be administered as if directly
+appropriated to the Denali Commission and subject to applicable
+provisions of such Act: Provided further, That funds made
+available under this paragraph shall not be subject to section
+309(j)(2) of such Act: Provided further, That funds made available
+under this paragraph shall be available until expended: Provided
+further, That the Federal share of the costs for which an
+expenditure is made with funds transferred under this paragraph
+shall be up to 100 percent;
+(11) $2,000,000, to remain available until September 30, 2029,
+shall be to carry out the pollinator-friendly practices on
+roadsides and highway rights-of-way program under section 332 of
+title 23, United States Code;
+(12) $10,000,000, to remain available until September 30, 2029,
+shall be for the national scenic byways program under section 162
+of title 23, United States Code: Provided, That, except as
+otherwise provided under this heading, the funds made available
+under this paragraph shall be administered as if apportioned under
+chapter 1 of title 23, United States Code;
(13) $350,000,000, to remain available until September 30,
-2029, shall be for a competitive highway bridge program for
-States that--
+2029, shall be for a competitive highway bridge program for States
+that--
(A) have--
-(i) a population density of less than 115
-individuals per square mile; or
-(ii) a population of less than 1,100,000
-individuals; and
+(i) a population density of less than 115 individuals
+per square mile; or
+(ii) a population of less than 1,100,000 individuals;
+and
(B) have--
-(i) less than 26 percent of total bridges
-classified as in good condition; or
-(ii) greater than or equal to 4.9 percent
-of total bridges classified as in poor
-condition:
-Provided, That any such State with more than 14 percent of
-total bridges classified as in poor condition shall receive not
-less than $32,500,000 of the funds made available in this
-paragraph for grant applications for projects eligible under
-this paragraph: Provided further, That if the Secretary
-determines that eligible applications from any such State
-meeting the criteria under the preceding proviso are
-insufficient to make awards of at least $32,500,000, the
-Secretary shall use the unutilized amounts to provide other
-grants to States eligible under this paragraph: Provided
-further, That no State shall be awarded more than $55,000,000
-in awards from funds made available under this paragraph for
-grant applications for projects eligible under this paragraph:
-Provided further, That the funds made available under this
-paragraph shall be used for highway bridge replacement or
+(i) less than 26 percent of total bridges classified as
+in good condition; or
+(ii) greater than or equal to 4.9 percent of total
+bridges classified as in poor condition:
+Provided, That any such State with more than 14 percent of total
+bridges classified as in poor condition shall receive not less than
+$32,500,000 of the funds made available in this paragraph for grant
+applications for projects eligible under this paragraph: Provided
+further, That if the Secretary determines that eligible
+applications from any such State meeting the criteria under the
+preceding proviso are insufficient to make awards of at least
+$32,500,000, the Secretary shall use the unutilized amounts to
+provide other grants to States eligible under this paragraph:
+Provided further, That no State shall be awarded more than
+$55,000,000 in awards from funds made available under this
+paragraph for grant applications for projects eligible under this
+paragraph: Provided further, That the funds made available under
+this paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads that demonstrate cost
-savings by bundling multiple highway bridge projects and,
-except as otherwise provided in this heading, shall be
-administered as if apportioned under chapter 1 of title 23,
-United States Code: Provided further, That the requirements of
-section 144(j)(5) of title 23, United States Code, shall not
-apply to funds made available under this paragraph: Provided
-further, That for purposes of this paragraph, the Secretary
-shall calculate population and population density figures based
-on the latest available data from the decennial census
-conducted under section 141(a) of title 13, United States Code:
-Provided further, That for purposes of this paragraph, the
-Secretary shall calculate the percentages of bridge counts
-(including the percentages of bridge counts classified as in
-poor and good condition) based on the national bridge inventory
-as of June 2024;
+savings by bundling multiple highway bridge projects and, except as
+otherwise provided in this heading, shall be administered as if
+apportioned under chapter 1 of title 23, United States Code:
+Provided further, That the requirements of section 144(j)(5) of
+title 23, United States Code, shall not apply to funds made
+available under this paragraph: Provided further, That for
+purposes of this paragraph, the Secretary shall calculate
+population and population density figures based on the latest
+available data from the decennial census conducted under section
+141(a) of title 13, United States Code: Provided further, That for
+purposes of this paragraph, the Secretary shall calculate the
+percentages of bridge counts (including the percentages of bridge
+counts classified as in poor and good condition) based on the
+national bridge inventory as of June 2024;
(14) $25,000,000 shall be for a competitive Type 3 highway
bridge program for the replacement or rehabilitation of bridges
that--(A) are owned by a county; (B) are classified as a Type 3
bridge by the Bureau of Reclamation; (C) are eligible under the
-Federal lands access program, as described in section 204 of
-title 23, United States Code; and (D) cross a water conveyance
-structure owned by the Bureau of Reclamation: Provided, That
-the Secretary, in consultation with the Bureau of Reclamation,
-shall prioritize awards to projects that will lead to--(i)
-improved water delivery; (ii) improved bridge conditions; and
-(iii) improved safety, efficiency, and reliability of the
-movement of people and goods over Type 3 bridges crossing a
-water conveyance structure owned by the Bureau of Reclamation:
-Provided further, That only a county owning a bridge meeting
-the conditions in this paragraph shall be an eligible applicant
-for a grant under this paragraph: Provided further, That,
-except as otherwise provided under this heading, funds made
-available under this paragraph shall be administered as if
-allocated under section 204 of such title, except that such
+Federal lands access program, as described in section 204 of title
+23, United States Code; and (D) cross a water conveyance structure
+owned by the Bureau of Reclamation: Provided, That the Secretary,
+in consultation with the Bureau of Reclamation, shall prioritize
+awards to projects that will lead to--(i) improved water delivery;
+(ii) improved bridge conditions; and (iii) improved safety,
+efficiency, and reliability of the movement of people and goods
+over Type 3 bridges crossing a water conveyance structure owned by
+the Bureau of Reclamation: Provided further, That only a county
+owning a bridge meeting the conditions in this paragraph shall be
+an eligible applicant for a grant under this paragraph: Provided
+further, That, except as otherwise provided under this heading,
+funds made available under this paragraph shall be administered as
+if allocated under section 204 of such title, except that such
funds shall not be subject to subsections (b) or (c) of such
section: Provided further, That for the purposes of funds made
-available under this paragraph, the term ``Type 3 bridge''
-means a bridge classified as a Type 3 bridge by the Bureau of
-Reclamation as defined in its Reclamation Manual Directives and
-Standards FAC 07-01 (as updated on June 9, 2023): Provided
-further, That funds made available under this paragraph shall
-remain available until expended: Provided further, That the
-Federal share of the costs for which an expenditure is made
-with funds made available under this paragraph shall be 100
-percent: Provided further, That the Secretary of
-Transportation shall issue the notice of funding opportunity
-for the funds made available under this paragraph no later than
-60 days after enactment of this Act: Provided further, That
-the Secretary of Transportation shall make grants for the funds
-made available under this paragraph no later than 270 days
+available under this paragraph, the term ``Type 3 bridge'' means a
+bridge classified as a Type 3 bridge by the Bureau of Reclamation
+as defined in its Reclamation Manual Directives and Standards FAC
+07-01 (as updated on June 9, 2023): Provided further, That funds
+made available under this paragraph shall remain available until
+expended: Provided further, That the Federal share of the costs
+for which an expenditure is made with funds made available under
+this paragraph shall be 100 percent: Provided further, That the
+Secretary of Transportation shall issue the notice of funding
+opportunity for the funds made available under this paragraph no
+later than 60 days after enactment of this Act: Provided further,
+That the Secretary of Transportation shall make grants for the
+funds made available under this paragraph no later than 270 days
after enactment of this Act;
-(15) $6,159,500, to remain available until expended, shall
-be for research leading to sustainable stormwater management
-technologies and techniques to reduce the impacts of 6PPD and
-6PPD-quinone on salmon-bearing streams: Provided, That the
-Federal Highway Administration shall implement this research as
-specified under the paragraph entitled ``Stormwater
-Management'' in Senate Report 119-47; and
-(16) $30,000,000, to remain available until expended, shall
-be for capital construction grants under the Reconnecting
-Communities Pilot Program as authorized under section 11509(d)
-of division A of the Infrastructure Investment and Jobs Act
-(Public Law 117-58): Provided, That funds made available under
-this paragraph shall only be available for projects in States
-in which the Department of Transportation previously awarded a
-competitive grant award and signed a grant agreement of not
-less than $145,000,000 under section 177 of title 23, United
-States Code, and any amount of such funds were subsequently
-rescinded by an Act of Congress.
+(15) $6,159,500, to remain available until expended, shall be
+for research leading to sustainable stormwater management
+technologies and techniques to reduce the impacts of 6PPD and 6PPD-
+quinone on salmon-bearing streams: Provided, That the Federal
+Highway Administration shall implement this research as specified
+under the paragraph entitled ``Stormwater Management'' in Senate
+Report 119-47; and
+(16) $30,000,000, to remain available until expended, shall be
+for capital construction grants under the Reconnecting Communities
+Pilot Program as authorized under section 11509(d) of division A of
+the Infrastructure Investment and Jobs Act (Public Law 117-58):
+Provided, That funds made available under this paragraph shall only
+be available for projects in States in which the Department of
+Transportation previously awarded a competitive grant award and
+signed a grant agreement of not less than $145,000,000 under
+section 177 of title 23, United States Code, and any amount of such
+funds were subsequently rescinded by an Act of Congress.
administrative provisions--federal highway administration
@@ -9523,157 +9391,144 @@
Sec. 120. (a) For fiscal year 2026, the Secretary of Transportation
shall--
-(1) not distribute from the obligation limitation for
-Federal-aid highways--
-(A) amounts authorized for administrative expenses
-and programs by section 104(a) of title 23, United
-States Code; and
-(B) amounts authorized for the Bureau of
-Transportation Statistics;
-(2) not distribute an amount from the obligation limitation
-for Federal-aid highways that is equal to the unobligated
-balance of amounts--
-(A) made available from the Highway Trust Fund
-(other than the Mass Transit Account) for Federal-aid
-highway and highway safety construction programs for
-previous fiscal years the funds for which are allocated
-by the Secretary (or apportioned by the Secretary under
-section 202 or 204 of title 23, United States Code);
-and
-(B) for which obligation limitation was provided in
-a previous fiscal year;
+(1) not distribute from the obligation limitation for Federal-
+aid highways--
+(A) amounts authorized for administrative expenses and
+programs by section 104(a) of title 23, United States Code; and
+(B) amounts authorized for the Bureau of Transportation
+Statistics;
+(2) not distribute an amount from the obligation limitation for
+Federal-aid highways that is equal to the unobligated balance of
+amounts--
+(A) made available from the Highway Trust Fund (other than
+the Mass Transit Account) for Federal-aid highway and highway
+safety construction programs for previous fiscal years the
+funds for which are allocated by the Secretary (or apportioned
+by the Secretary under section 202 or 204 of title 23, United
+States Code); and
+(B) for which obligation limitation was provided in a
+previous fiscal year;
(3) determine the proportion that--
-(A) the obligation limitation for Federal-aid
-highways, less the aggregate of amounts not distributed
-under paragraphs (1) and (2) of this subsection; bears
-to
-(B) the total of the sums authorized to be
-appropriated for the Federal-aid highway and highway
-safety construction programs (other than sums
-authorized to be appropriated for provisions of law
-described in paragraphs (1) through (11) of subsection
-(b) and sums authorized to be appropriated for section
-119 of title 23, United States Code, equal to the
-amount referred to in subsection (b)(12) for such
-fiscal year), less the aggregate of the amounts not
-distributed under paragraphs (1) and (2) of this
-subsection;
+(A) the obligation limitation for Federal-aid highways,
+less the aggregate of amounts not distributed under paragraphs
+(1) and (2) of this subsection; bears to
+(B) the total of the sums authorized to be appropriated for
+the Federal-aid highway and highway safety construction
+programs (other than sums authorized to be appropriated for
+provisions of law described in paragraphs (1) through (11) of
+subsection (b) and sums authorized to be appropriated for
+section 119 of title 23, United States Code, equal to the
+amount referred to in subsection (b)(12) for such fiscal year),
+less the aggregate of the amounts not distributed under
+paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
-programs to which paragraph (1) applies) that are allocated by
-the Secretary under authorized Federal-aid highway and highway
-safety construction programs, or apportioned by the Secretary
-under section 202 or 204 of title 23, United States Code, by
+programs to which paragraph (1) applies) that are allocated by the
+Secretary under authorized Federal-aid highway and highway safety
+construction programs, or apportioned by the Secretary under
+section 202 or 204 of title 23, United States Code, by
multiplying--
-(A) the proportion determined under paragraph (3);
-by
-(B) the amounts authorized to be appropriated for
-each such program for such fiscal year; and
+(A) the proportion determined under paragraph (3); by
+(B) the amounts authorized to be appropriated for each such
+program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
-paragraphs (1) and (2) and the amounts distributed under
-paragraph (4), for Federal-aid highway and highway safety
-construction programs that are apportioned by the Secretary
-under title 23, United States Code (other than the amounts
-apportioned for the national highway performance program in
-section 119 of title 23, United States Code, that are exempt
-from the limitation under subsection (b)(12) and the amounts
-apportioned under sections 202 and 204 of that title) in the
-proportion that--
-(A) amounts authorized to be appropriated for the
-programs that are apportioned under title 23, United
-States Code, to each State for such fiscal year; bears
-to
-(B) the total of the amounts authorized to be
-appropriated for the programs that are apportioned
-under title 23, United States Code, to all States for
-such fiscal year.
+paragraphs (1) and (2) and the amounts distributed under paragraph
+(4), for Federal-aid highway and highway safety construction
+programs that are apportioned by the Secretary under title 23,
+United States Code (other than the amounts apportioned for the
+national highway performance program in section 119 of title 23,
+United States Code, that are exempt from the limitation under
+subsection (b)(12) and the amounts apportioned under sections 202
+and 204 of that title) in the proportion that--
+(A) amounts authorized to be appropriated for the programs
+that are apportioned under title 23, United States Code, to
+each State for such fiscal year; bears to
+(B) the total of the amounts authorized to be appropriated
+for the programs that are apportioned under title 23, United
+States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
-(2) section 147 of the Surface Transportation Assistance
-Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
-(3) section 9 of the Federal-Aid Highway Act of 1981 (95
-Stat. 1701);
+(2) section 147 of the Surface Transportation Assistance Act of
+1978 (23 U.S.C. 144 note; 92 Stat. 2714);
+(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
+1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
-Transportation and Uniform Relocation Assistance Act of 1987
-(101 Stat. 198);
+Transportation and Uniform Relocation Assistance Act of 1987 (101
+Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
-(7) section 157 of title 23, United States Code (as in
-effect on June 8, 1998);
-(8) section 105 of title 23, United States Code (as in
-effect for fiscal years 1998 through 2004, but only in an
-amount equal to $639,000,000 for each of those fiscal years);
-(9) Federal-aid highway programs for which obligation
-authority was made available under the Transportation Equity
-Act for the 21st Century (112 Stat. 107) or subsequent Acts for
-multiple years or to remain available until expended, but only
-to the extent that the obligation authority has not lapsed or
-been used;
-(10) section 105 of title 23, United States Code (as in
-effect for fiscal years 2005 through 2012, but only in an
-amount equal to $639,000,000 for each of those fiscal years);
-(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
-Stat. 1248), to the extent that funds obligated in accordance
-with that section were not subject to a limitation on
-obligations at the time at which the funds were initially made
-available for obligation; and
-(12) section 119 of title 23, United States Code (but, for
-each of fiscal years 2013 through 2026, only in an amount equal
-to $639,000,000).
+(7) section 157 of title 23, United States Code (as in effect
+on June 8, 1998);
+(8) section 105 of title 23, United States Code (as in effect
+for fiscal years 1998 through 2004, but only in an amount equal to
+$639,000,000 for each of those fiscal years);
+(9) Federal-aid highway programs for which obligation authority
+was made available under the Transportation Equity Act for the 21st
+Century (112 Stat. 107) or subsequent Acts for multiple years or to
+remain available until expended, but only to the extent that the
+obligation authority has not lapsed or been used;
+(10) section 105 of title 23, United States Code (as in effect
+for fiscal years 2005 through 2012, but only in an amount equal to
+$639,000,000 for each of those fiscal years);
+(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
+1248), to the extent that funds obligated in accordance with that
+section were not subject to a limitation on obligations at the time
+at which the funds were initially made available for obligation;
+and
+(12) section 119 of title 23, United States Code (but, for each
+of fiscal years 2013 through 2026, only in an amount equal to
+$639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
-available under subsection (a) if an amount distributed cannot
-be obligated during that fiscal year; and
+available under subsection (a) if an amount distributed cannot be
+obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
-obligate amounts in addition to those previously distributed
-during that fiscal year, giving priority to those States having
-large unobligated balances of funds apportioned under sections
-144 (as in effect on the day before the date of enactment of
-Public Law 112-141) and 104 of title 23, United States Code.
+obligate amounts in addition to those previously distributed during
+that fiscal year, giving priority to those States having large
+unobligated balances of funds apportioned under sections 144 (as in
+effect on the day before the date of enactment of Public Law 112-
+141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
-contract authority for transportation research programs carried
-out under--
+contract authority for transportation research programs carried out
+under--
(A) chapter 5 of title 23, United States Code;
-(B) title VI of the Fixing America's Surface
-Transportation Act; and
+(B) title VI of the Fixing America's Surface Transportation
+Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
-(A) remain available for a period of 4 fiscal
-years; and
-(B) be in addition to the amount of any limitation
-imposed on obligations for Federal-aid highway and
-highway safety construction programs for future fiscal
-years.
+(A) remain available for a period of 4 fiscal years; and
+(B) be in addition to the amount of any limitation imposed
+on obligations for Federal-aid highway and highway safety
+construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
-Secretary shall distribute to the States any funds (excluding
-funds authorized for the program under section 202 of title 23,
-United States Code) that--
-(A) are authorized to be appropriated for such
-fiscal year for Federal-aid highway programs; and
-(B) the Secretary determines will not be allocated
-to the States (or will not be apportioned to the States
-under section 204 of title 23, United States Code), and
-will not be available for obligation, for such fiscal
-year because of the imposition of any obligation
-limitation for such fiscal year.
-(2) Ratio.--Funds shall be distributed under paragraph (1)
-in the same proportion as the distribution of obligation
-authority under subsection (a)(5).
+Secretary shall distribute to the States any funds (excluding funds
+authorized for the program under section 202 of title 23, United
+States Code) that--
+(A) are authorized to be appropriated for such fiscal year
+for Federal-aid highway programs; and
+(B) the Secretary determines will not be allocated to the
+States (or will not be apportioned to the States under section
+204 of title 23, United States Code), and will not be available
+for obligation, for such fiscal year because of the imposition
+of any obligation limitation for such fiscal year.
+(2) Ratio.--Funds shall be distributed under paragraph (1) in
+the same proportion as the distribution of obligation authority
+under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
@@ -9713,18 +9568,18 @@
project carried out with funds made available under this section shall
be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
-(1) congressionally directed spending, as defined in rule
-XLIV of the Standing Rules of the Senate, identified in a prior
-law, report, or joint explanatory statement, which was
-authorized to be appropriated or appropriated more than 10
-fiscal years prior to the current fiscal year, and administered
-by the Federal Highway Administration; or
+(1) congressionally directed spending, as defined in rule XLIV
+of the Standing Rules of the Senate, identified in a prior law,
+report, or joint explanatory statement, which was authorized to be
+appropriated or appropriated more than 10 fiscal years prior to the
+current fiscal year, and administered by the Federal Highway
+Administration; or
(2) a congressional earmark, as defined in rule XXI of the
-Rules of the House of Representatives, identified in a prior
-law, report, or joint explanatory statement, which was
-authorized to be appropriated or appropriated more than 10
-fiscal years prior to the current fiscal year, and administered
-by the Federal Highway Administration.
+Rules of the House of Representatives, identified in a prior law,
+report, or joint explanatory statement, which was authorized to be
+appropriated or appropriated more than 10 fiscal years prior to the
+current fiscal year, and administered by the Federal Highway
+Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
@@ -9832,9 +9687,8 @@
made available under this heading--
(1) not less than $63,098,000, to remain available for
obligation until September 30, 2028, shall be for development,
-modernization, enhancement, and continued operation and
-maintenance of information technology and information
-management; and
+modernization, enhancement, and continued operation and maintenance
+of information technology and information management; and
(2) $14,073,000, to remain available for obligation until
September 30, 2028, shall be for the research and technology
program:
@@ -9864,8 +9718,8 @@
September 30, 2027, shall be for the motor carrier safety
assistance program;
(2) $45,200,000, to remain available for obligation until
-September 30, 2027, shall be for the commercial driver's
-license program implementation program;
+September 30, 2027, shall be for the commercial driver's license
+program implementation program;
(3) $62,400,000, to remain available for obligation until
September 30, 2027, shall be for the high priority program;
(4) $1,500,000, to remain available for obligation until
@@ -9873,16 +9727,16 @@
operators grant program; and
(5) $10,000,000, to remain available for obligation until
September 30, 2027, shall be for the commercial motor vehicle
-enforcement training and support grant program, of which
-$5,000,000 shall be made available from prior year unobligated
-contract authority made available for Motor Carrier Safety
-Grants in section 23001 of the Infrastructure Investment and
-Jobs Act (Public Law 117-58): Provided, That such prior year
-unobligated contract authority shall be available to complete
-the fiscal year 2024 commercial motor vehicle enforcement
-training and support grant program notice of funding
-opportunity and shall be available to all applicants otherwise
-eligible under such notice of funding opportunity.
+enforcement training and support grant program, of which $5,000,000
+shall be made available from prior year unobligated contract
+authority made available for Motor Carrier Safety Grants in section
+23001 of the Infrastructure Investment and Jobs Act (Public Law
+117-58): Provided, That such prior year unobligated contract
+authority shall be available to complete the fiscal year 2024
+commercial motor vehicle enforcement training and support grant
+program notice of funding opportunity and shall be available to all
+applicants otherwise eligible under such notice of funding
+opportunity.
administrative provisions--federal motor carrier safety administration
@@ -9945,12 +9799,12 @@
execution of programs the total obligations for which, in fiscal year
2026, are in excess of $209,600,000: Provided further, That of the
sums appropriated under this heading--
-(1) $202,000,000 shall be for programs authorized under
-section 403 of title 23, United States Code, including
-behavioral research on automated driving systems and advanced
-driver assistance systems and improving consumer responses to
-safety recalls, and section 25024 of the Infrastructure
-Investment and Jobs Act (Public Law 117-58); and
+(1) $202,000,000 shall be for programs authorized under section
+403 of title 23, United States Code, including behavioral research
+on automated driving systems and advanced driver assistance systems
+and improving consumer responses to safety recalls, and section
+25024 of the Infrastructure Investment and Jobs Act (Public Law
+117-58); and
(2) $7,600,000 shall be for the national driver register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $209,600,000 obligation limitation
@@ -9984,11 +9838,10 @@
this heading--
(1) $393,400,000 shall be for highway safety programs under
section 402 of title 23, United States Code;
-(2) $367,500,000 shall be for national priority safety
-programs under section 405 of title 23, United States Code;
-(3) $44,300,000 shall be for the high visibility
-enforcement program under section 404 of title 23, United
-States Code; and
+(2) $367,500,000 shall be for national priority safety programs
+under section 405 of title 23, United States Code;
+(3) $44,300,000 shall be for the high visibility enforcement
+program under section 404 of title 23, United States Code; and
(4) $44,454,625 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
@@ -10086,52 +9939,49 @@
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) $87,426,000 shall be available for the purposes, and in
-amounts, specified for Community Project Funding/
-Congressionally Directed Spending in the table entitled
-``Community Project Funding/Congressionally Directed Spending''
-included for this division in the explanatory statement
-described in section 4 (in the matter preceding division A of
-this consolidated Act): Provided further, That amounts made
-available in the preceding proviso for such purposes shall not
-diminish or prejudice any application or geographic region for
-other discretionary grant or loan awards made by the Department
-of Transportation: Provided further, That requirements under
-subsections (g) and (l) of section 22907 of title 49, United
-States Code, shall not apply to the funds made available under
-this paragraph: Provided further, That any remaining funds
-available after the distribution of the Community Project
-Funding/Congressionally Directed Spending described in this
+amounts, specified for Community Project Funding/Congressionally
+Directed Spending in the table entitled ``Community Project
+Funding/Congressionally Directed Spending'' included for this
+division in the explanatory statement described in section 4 (in
+the matter preceding division A of this consolidated Act):
+Provided further, That amounts made available in the preceding
+proviso for such purposes shall not diminish or prejudice any
+application or geographic region for other discretionary grant or
+loan awards made by the Department of Transportation: Provided
+further, That requirements under subsections (g) and (l) of section
+22907 of title 49, United States Code, shall not apply to the funds
+made available under this paragraph: Provided further, That any
+remaining funds available after the distribution of the Community
+Project Funding/Congressionally Directed Spending described in this
paragraph shall be available to the Secretary to distribute as
discretionary grants under this heading; and
(2) $50,000,000 shall be available to the Secretary to
-distribute as discretionary grants under this heading in this
-Act:
+distribute as discretionary grants under this heading in this Act:
Provided further, That of the amounts made available under this
heading--
(1) $20,000,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal year 2026 for the costs of award and project management
+unobligated balances of amounts previously appropriated for fiscal
+year 2026 for the costs of award and project management oversight
+of grants, including amounts transferred to the ``Financial
+Assistance Oversight and Technical Assistance'' account (excluding
+amounts transferred to the Office of Inspector General of the
+Department of Transportation and to the National Railroad Passenger
+Corporation Office of Inspector General) under the heading
+``Federal Railroad Administration--Consolidated Rail Infrastructure
+and Safety Improvements'' in title VIII of division J of the
+Infrastructure Investment and Jobs Act (Public Law 117-58); and
+(2) $110,000,000 shall be derived by transfer from the
+unobligated balances of amounts previously appropriated for fiscal
+years 2025 and 2026 for the costs of award and project management
oversight of grants, including amounts transferred to the
-``Financial Assistance Oversight and Technical Assistance''
-account (excluding amounts transferred to the Office of
-Inspector General of the Department of Transportation and to
-the National Railroad Passenger Corporation Office of Inspector
-General) under the heading ``Federal Railroad Administration--
-Consolidated Rail Infrastructure and Safety Improvements'' in
-title VIII of division J of the Infrastructure Investment and
-Jobs Act (Public Law 117-58); and
-(2) $110,000,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal years 2025 and 2026 for the costs of award and project
-management oversight of grants, including amounts transferred
-to the ``Financial Assistance Oversight and Technical
-Assistance'' account (excluding amounts transferred to the
-Office of Inspector General of the Department of Transportation
-and to the National Railroad Passenger Corporation Office of
-Inspector General) under the heading ``Federal Railroad
-Administration--Federal-State Partnership for Intercity
-Passenger Rail Grants'' in title VIII of division J of the
-Infrastructure Investment and Jobs Act (Public Law 117-58):
+``Financial Assistance Oversight and Technical Assistance'' account
+(excluding amounts transferred to the Office of Inspector General
+of the Department of Transportation and to the National Railroad
+Passenger Corporation Office of Inspector General) under the
+heading ``Federal Railroad Administration--Federal-State
+Partnership for Intercity Passenger Rail Grants'' in title VIII of
+division J of the Infrastructure Investment and Jobs Act (Public
+Law 117-58):
Provided further, That amounts transferred pursuant to the preceding
proviso shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5: Provided further, That for
@@ -10287,48 +10137,43 @@
Sec. 155. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,200,000 riders in 39 States and the
-District of Columbia and are particularly important in rural
-areas; and
-(2) long-distance passenger rail routes and services should
-be sustained to ensure connectivity throughout the National
-Network (as defined in section 24102 of title 49, United States
-Code).
+District of Columbia and are particularly important in rural areas;
+and
+(2) long-distance passenger rail routes and services should be
+sustained to ensure connectivity throughout the National Network
+(as defined in section 24102 of title 49, United States Code).
Sec. 156. Of the unobligated balances of funds remaining from--
(1) ``Railroad Safety Grants'' account totaling $795,331.70
-appropriated by Public Law 114-113 is hereby permanently
-rescinded;
-(2) ``Grants to the National Railroad Passenger
-Corporation'' account totaling $20 appropriated by Public Law
-104-50 is hereby permanently rescinded;
-(3) ``Capital Assistance to States--Intercity Passenger
-Rail Grant Program'' account totaling $292,181.41 appropriated
-by Public Law 111-8 is hereby permanently rescinded;
+appropriated by Public Law 114-113 is hereby permanently rescinded;
+(2) ``Grants to the National Railroad Passenger Corporation''
+account totaling $20 appropriated by Public Law 104-50 is hereby
+permanently rescinded;
+(3) ``Capital Assistance to States--Intercity Passenger Rail
+Grant Program'' account totaling $292,181.41 appropriated by Public
+Law 111-8 is hereby permanently rescinded;
(4) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling $9,912.54
-appropriated by Public Law 111-117 is hereby permanently
+appropriated by Public Law 111-117 is hereby permanently rescinded;
+(5) ``Railroad Research and Development'' account totaling
+$1,008,385 appropriated by Public Law 109-115 is hereby permanently
rescinded;
-(5) ``Railroad Research and Development'' account totaling
-$1,008,385 appropriated by Public Law 109-115 is hereby
-permanently rescinded;
(6) ``National Network Grants to the National Railroad
-Passenger Corporation'' account totaling $76,633.70
-appropriated by Public Law 115-31 is hereby permanently
-rescinded;
+Passenger Corporation'' account totaling $76,633.70 appropriated by
+Public Law 115-31 is hereby permanently rescinded;
(7) ``Magnetic Levitation Technology Deployment Program''
-account totaling $14,000,000 appropriated by the following
-public laws are hereby permanently rescinded:
+account totaling $14,000,000 appropriated by the following public
+laws are hereby permanently rescinded:
(A) Public Law 116-6 a total of $10,000,000;
(B) Public Law 116-94 a total of $2,000,000; and
(C) Public Law 116-260 a total of $2,000,000;
(8) ``Consolidated Rail Infrastructure and Safety
-Improvements'' account totaling $5,000,000 appropriated by
-Public Law 117-328 for preconstruction planning activities and
-capital costs related to the deployment of magnetic levitation
+Improvements'' account totaling $5,000,000 appropriated by Public
+Law 117-328 for preconstruction planning activities and capital
+costs related to the deployment of magnetic levitation
transportation projects is hereby permanently rescinded; and
(9) ``Capital Assistance for High Speed Rail Corridors and
-Intercity Passenger Rail Service'' account totaling
-$928,620,000 appropriated by Public Law 111-117 is hereby
-permanently rescinded.
+Intercity Passenger Rail Service'' account totaling $928,620,000
+appropriated by Public Law 111-117 is hereby permanently rescinded.
Federal Transit Administration
@@ -10369,140 +10214,132 @@
to remain available until expended: Provided, That of the sums
provided under this heading in this Act--
(1) $25,000,000 shall be available for ferry boat grants as
-authorized under section 5307(h) of such title: Provided, That
-of the amounts provided in this paragraph, no less than
-$4,000,000 shall be available for low or zero emission ferries
-or ferries using electric battery or fuel cell components and
-the infrastructure to support such ferries;
+authorized under section 5307(h) of such title: Provided, That of
+the amounts provided in this paragraph, no less than $4,000,000
+shall be available for low or zero emission ferries or ferries
+using electric battery or fuel cell components and the
+infrastructure to support such ferries;
(2) $1,500,000 shall be available for the operation and
-maintenance of the bus testing facilities selected under
-section 5318 of such title;
+maintenance of the bus testing facilities selected under section
+5318 of such title;
(3) $2,000,000 shall be available for the accelerating
-innovative mobility initiative as authorized under section 5312
-of title 49, United States Code: Provided, That such amounts
-shall be available for competitive grants to improve mobility
-and enhance the rider experience with a focus on innovative
-service delivery models, creative financing, novel
-partnerships, and integrated payment solutions in order to help
-disseminate proven innovation mobility practices throughout the
-public transportation industry;
-(4) $147,923,390 shall be available for the purposes, and
-in the amounts, specified for Community Project Funding/
-Congressionally Directed Spending in the table entitled
-``Community Project Funding/Congressionally Directed Spending''
-included for this division in the explanatory statement
-described in section 4 (in the matter preceding division A of
-this consolidated Act): Provided, That amounts made available
-in this paragraph for such purposes shall not diminish or
-prejudice any application or geographic region for other
-discretionary grant or loan awards made by the Department of
-Transportation: Provided further, That unless otherwise
-specified, applicable requirements under chapter 53 of title
-49, United States Code, shall apply to amounts made available
-in this paragraph, except that the Federal share of the costs
-for a project in this paragraph shall be in an amount equal to
-80 percent of the net costs of the project, unless the
-Secretary approves a higher maximum Federal share of the net
-costs of the project consistent with administration of similar
-projects funded under chapter 53 of title 49, United States
-Code;
-(5) $20,000,000 shall be available for ferry service for
-rural communities under section 71103 of division G of Public
-Law 117-58: Provided, That for amounts made available in this
-paragraph, notwithstanding section 71103(a)(2)(B), eligible
-service shall include passenger ferry service that serves at
-least two rural areas with a single segment over 15 miles
-between the two rural areas: Provided further, That for (1)
-amounts made available in this paragraph, (2) unobligated
-balances from amounts made available pursuant to section
-1101(a)(12) of division A of the Full-Year Continuing
-Appropriations and Extensions Act, 2025 (Public Law 119-4) for
-ferry service for rural communities previously appropriated in
-paragraph (5) under this heading in division F of the
-Consolidated Appropriations Act, 2024 (Public Law 118-42), and
-(3) unobligated balances from amounts made available in
-paragraph (5) under this heading in division F of the
+innovative mobility initiative as authorized under section 5312 of
+title 49, United States Code: Provided, That such amounts shall be
+available for competitive grants to improve mobility and enhance
+the rider experience with a focus on innovative service delivery
+models, creative financing, novel partnerships, and integrated
+payment solutions in order to help disseminate proven innovation
+mobility practices throughout the public transportation industry;
+(4) $147,923,390 shall be available for the purposes, and in
+the amounts, specified for Community Project Funding/
+Congressionally Directed Spending in the table entitled ``Community
+Project Funding/Congressionally Directed Spending'' included for
+this division in the explanatory statement described in section 4
+(in the matter preceding division A of this consolidated Act):
+Provided, That amounts made available in this paragraph for such
+purposes shall not diminish or prejudice any application or
+geographic region for other discretionary grant or loan awards made
+by the Department of Transportation: Provided further, That unless
+otherwise specified, applicable requirements under chapter 53 of
+title 49, United States Code, shall apply to amounts made available
+in this paragraph, except that the Federal share of the costs for a
+project in this paragraph shall be in an amount equal to 80 percent
+of the net costs of the project, unless the Secretary approves a
+higher maximum Federal share of the net costs of the project
+consistent with administration of similar projects funded under
+chapter 53 of title 49, United States Code;
+(5) $20,000,000 shall be available for ferry service for rural
+communities under section 71103 of division G of Public Law 117-58:
+Provided, That for amounts made available in this paragraph,
+notwithstanding section 71103(a)(2)(B), eligible service shall
+include passenger ferry service that serves at least two rural
+areas with a single segment over 15 miles between the two rural
+areas: Provided further, That for (1) amounts made available in
+this paragraph, (2) unobligated balances from amounts made
+available pursuant to section 1101(a)(12) of division A of the
+Full-Year Continuing Appropriations and Extensions Act, 2025
+(Public Law 119-4) for ferry service for rural communities
+previously appropriated in paragraph (5) under this heading in
+division F of the Consolidated Appropriations Act, 2024 (Public Law
+118-42), and (3) unobligated balances from amounts made available
+in paragraph (5) under this heading in division F of the
Consolidated Appropriations Act, 2024 (Public Law 118-42),
-notwithstanding section 71103(e)(2), eligible service shall
-include passenger ferry service that receives funds apportioned
-under chapter 53 of title 49, United States Code: Provided
-further, That entities that provide eligible service pursuant
-to the preceding two provisos may use amounts made available in
-this paragraph for public transportation capital projects to
-support any ferry service between two rural areas; and
+notwithstanding section 71103(e)(2), eligible service shall include
+passenger ferry service that receives funds apportioned under
+chapter 53 of title 49, United States Code: Provided further, That
+entities that provide eligible service pursuant to the preceding
+two provisos may use amounts made available in this paragraph for
+public transportation capital projects to support any ferry service
+between two rural areas; and
(6) $15,000,000 shall be available for costs related to
-operating equipment and facilities for use in public
-transportation to improve public safety in transit systems:
-Provided, That the Secretary shall provide amounts made
-available in this paragraph as if such amounts were provided
-under section 5307 of title 49, United States Code, as
-applicable: Provided further, That notwithstanding subsection
-(a)(1) or (a)(2) of section 5307 of such title, amounts made
-available in this paragraph shall be available for the
-operating cost of equipment and facilities for use in public
-transportation eligible under section 5307 of such title:
+operating equipment and facilities for use in public transportation
+to improve public safety in transit systems: Provided, That the
+Secretary shall provide amounts made available in this paragraph as
+if such amounts were provided under section 5307 of title 49,
+United States Code, as applicable: Provided further, That
+notwithstanding subsection (a)(1) or (a)(2) of section 5307 of such
+title, amounts made available in this paragraph shall be available
+for the operating cost of equipment and facilities for use in
+public transportation eligible under section 5307 of such title:
Provided further, That amounts made available in this paragraph
-shall be for eligible recipients under section 5307 of such
-title for such operating costs to improve public safety, reduce
-crime, and increase security in transit systems: Provided
-further, That the Secretary shall allocate amounts made
-available in this paragraph to the 10 eligible recipients with
-the highest ridership in fiscal year 2024: Provided further,
-That amounts shall be provided to eligible recipients
-proportionally based on ridership in fiscal year 2024:
-Provided further, That no eligible recipient may receive an
-allocation of more than 50 percent of the total amounts made
-available in this paragraph: Provided further, That the
-Secretary shall allocate any excess funds above the 50 percent
-threshold in the preceding proviso to all other eligible
-recipients in this paragraph proportionally based on ridership
-in fiscal year 2024: Provided further, That the Secretary
-shall allocate amounts made available in this paragraph to
-eligible recipients no later than 30 days after the date of
-enactment of this Act:
+shall be for eligible recipients under section 5307 of such title
+for such operating costs to improve public safety, reduce crime,
+and increase security in transit systems: Provided further, That
+the Secretary shall allocate amounts made available in this
+paragraph to the 10 eligible recipients with the highest ridership
+in fiscal year 2024: Provided further, That amounts shall be
+provided to eligible recipients proportionally based on ridership
+in fiscal year 2024: Provided further, That no eligible recipient
+may receive an allocation of more than 50 percent of the total
+amounts made available in this paragraph: Provided further, That
+the Secretary shall allocate any excess funds above the 50 percent
+threshold in the preceding proviso to all other eligible recipients
+in this paragraph proportionally based on ridership in fiscal year
+2024: Provided further, That the Secretary shall allocate amounts
+made available in this paragraph to eligible recipients no later
+than 30 days after the date of enactment of this Act:
Provided further, That amounts made available under this heading
shall be derived from the general fund, of which--
(1) $40,795,000 shall be derived from amounts previously
-appropriated for fiscal year 2026 for administrative and
+appropriated for fiscal year 2026 for administrative and oversight
+expenses as authorized under section 5334 and section 5338(c) of
+title 49, United States Code, (excluding amounts transferred to the
+Office of Inspector General of the Department of Transportation)
+under the heading ``Federal Transit Administration--Transit
+Infrastructure Grants'' in title VIII of division J of the
+Infrastructure Investment and Jobs Act (Public Law 117-58);
+(2) $4,975,000 shall be derived by transfer from the
+unobligated balances of amounts previously appropriated for fiscal
+years 2022, 2023, 2024, 2025, and 2026 for administrative and
oversight expenses as authorized under section 5334 and section
5338(c) of title 49, United States Code, (excluding amounts
-transferred to the Office of Inspector General of the
-Department of Transportation) under the heading ``Federal
-Transit Administration--Transit Infrastructure Grants'' in
-title VIII of division J of the Infrastructure Investment and
-Jobs Act (Public Law 117-58);
-(2) $4,975,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal years 2022, 2023, 2024, 2025, and 2026 for
-administrative and oversight expenses as authorized under
-section 5334 and section 5338(c) of title 49, United States
-Code, (excluding amounts transferred to the Office of Inspector
-General of the Department of Transportation) under the heading
-``Federal Transit Administration--Electric or Low-Emitting
-Ferry Program'' in title VIII of division J of the
-Infrastructure Investment and Jobs Act (Public Law 117-58);
+transferred to the Office of Inspector General of the Department of
+Transportation) under the heading ``Federal Transit
+Administration--Electric or Low-Emitting Ferry Program'' in title
+VIII of division J of the Infrastructure Investment and Jobs Act
+(Public Law 117-58);
(3) $4,601,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal years 2022, 2023, 2024, 2025, and 2026 for
-administrative and oversight expenses as authorized under
-section 5334 and section 5338(c) of title 49, United States
-Code, (excluding amounts transferred to the Office of Inspector
-General of the Department of Transportation) under the heading
-``Federal Transit Administration--Ferry Service for Rural
-Communities'' in title VIII of division J of the Infrastructure
-Investment and Jobs Act (Public Law 117-58); and
+unobligated balances of amounts previously appropriated for fiscal
+years 2022, 2023, 2024, 2025, and 2026 for administrative and
+oversight expenses as authorized under section 5334 and section
+5338(c) of title 49, United States Code, (excluding amounts
+transferred to the Office of Inspector General of the Department of
+Transportation) under the heading ``Federal Transit
+Administration--Ferry Service for Rural Communities'' in title VIII
+of division J of the Infrastructure Investment and Jobs Act (Public
+Law 117-58); and
(4) $138,000,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated for
-fiscal years 2025 and 2026 for the costs of award and project
-management oversight of grants, including amounts transferred
-to the ``Financial Assistance Oversight and Technical
-Assistance'' account (excluding amounts transferred to the
-Office of Inspector General of the Department of Transportation
-and to the National Railroad Passenger Corporation Office of
-Inspector General) under the heading ``Federal Railroad
-Administration--Federal-State Partnership for Intercity
-Passenger Rail Grants'' in title VIII of division J of the
-Infrastructure Investment and Jobs Act (Public Law 117-58):
+unobligated balances of amounts previously appropriated for fiscal
+years 2025 and 2026 for the costs of award and project management
+oversight of grants, including amounts transferred to the
+``Financial Assistance Oversight and Technical Assistance'' account
+(excluding amounts transferred to the Office of Inspector General
+of the Department of Transportation and to the National Railroad
+Passenger Corporation Office of Inspector General) under the
+heading ``Federal Railroad Administration--Federal-State
+Partnership for Intercity Passenger Rail Grants'' in title VIII of
+division J of the Infrastructure Investment and Jobs Act (Public
+Law 117-58):
Provided further, That amounts transferred pursuant to the preceding
proviso shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5: Provided further, That
@@ -10532,9 +10369,8 @@
(Public Law 114-94), $1,700,000,000, to remain available until
expended: Provided, That of the sums appropriated under this heading
in this Act--
-(1) $1,357,300,000 shall be available for projects
-authorized under section 5309(d) of title 49, United States
-Code;
+(1) $1,357,300,000 shall be available for projects authorized
+under section 5309(d) of title 49, United States Code;
(2) $200,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(3) $25,700,000 shall be available for projects authorized
@@ -10640,8 +10476,8 @@
title 49, United States Code;
(2) ``bus and bus-related equipment and facilities'' under
section 5309 of title 49, United States Code; and
-(3) ``Alternative Transportation in Parks and Public
-Lands'' under section 5320 of title 49, United States Code:
+(3) ``Alternative Transportation in Parks and Public Lands''
+under section 5320 of title 49, United States Code:
Provided, That such assistance shall be for any eligible entity as
defined by section 6702 of title 49, United States Code, that serves or
supports service to a venue that is part of the 2028 international
@@ -10667,27 +10503,27 @@
operating expenses for equipment and facilities in support of matches
or other public events held in domestic host cities for the FIFA World
Cup 2026--
-(1) ``Clean Fuels Grant Program'' under section 5308 of
-title 49, United States Code;
+(1) ``Clean Fuels Grant Program'' under section 5308 of title
+49, United States Code;
(2) ``Job Access and Reverse Commute Formula Grants'' under
section 5316 of title 49, United States Code;
(3) ``New Freedom'' under section 5317 of title 49, United
States Code, as amended by Public Law 109-59; and
-(4) ``Rural Transportation Accessibility Incentive
-Program'' under section 3038 of Public Law 105-178:
+(4) ``Rural Transportation Accessibility Incentive Program''
+under section 3038 of Public Law 105-178:
Provided, That the Secretary shall apportion such amounts not later
than 30 days after enactment of this Act so that the transit agencies
in each of the domestic host cities for the FIFA World Cup 2026 are
each entitled to receive an amount equal to--
-(1) 70 percent of the total amount apportioned multiplied
-by a ratio equal to the FIFA estimated stadium capacity of the
-host stadium at the time of apportionment divided by the total
-FIFA estimated stadium capacity of all host stadiums at the
-time of apportionment; and
-(2) 30 percent of the total amount apportioned multiplied
-by a ratio equal to the number of matches to be held in the
-host stadium divided by the total number of matches to be held
-in all host cities in the United States:
+(1) 70 percent of the total amount apportioned multiplied by a
+ratio equal to the FIFA estimated stadium capacity of the host
+stadium at the time of apportionment divided by the total FIFA
+estimated stadium capacity of all host stadiums at the time of
+apportionment; and
+(2) 30 percent of the total amount apportioned multiplied by a
+ratio equal to the number of matches to be held in the host stadium
+divided by the total number of matches to be held in all host
+cities in the United States:
Provided further, That notwithstanding subsection (a)(1) or (b) of
section 5307 of title 49, United States Code, amounts made available in
this section are available for the planning, capital, and operating
@@ -10779,17 +10615,16 @@
(2) $50,000,000 shall remain available until expended for
facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
-(3) $50,000,000 shall remain available until expended for
-the capital improvement program at the United States Merchant
-Marine Academy;
-(4) $2,000,000 shall remain available until September 30,
-2027, for the maritime environmental and technical assistance
-program authorized under section 50307 of title 46, United
-States Code; and
-(5) $5,000,000 shall remain available until expended, for
-the United States marine highway program to make grants for the
-purposes authorized under section 55601 of title 46, United
-States Code:
+(3) $50,000,000 shall remain available until expended for the
+capital improvement program at the United States Merchant Marine
+Academy;
+(4) $2,000,000 shall remain available until September 30, 2027,
+for the maritime environmental and technical assistance program
+authorized under section 50307 of title 46, United States Code; and
+(5) $5,000,000 shall remain available until expended, for the
+United States marine highway program to make grants for the
+purposes authorized under section 55601 of title 46, United States
+Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
@@ -10812,30 +10647,28 @@
activities for State Maritime Academies, $138,900,000: Provided, That
of the sums appropriated under this heading--
(1) $7,800,000 shall remain available until expended for
-maintenance, repair, and life extension of training ships at
-the State Maritime Academies;
-(2) $110,000,000 shall remain available until expended for
-the national security multi-mission vessel program, of which--
-(A) not less than $55,000,000 shall be for
-necessary expenses to design, plan, construct
-infrastructure, and purchase equipment necessary to
-berth such ships, as determined by the Secretary:
-Provided, That such funds may be used to reimburse
-State Maritime Academies for costs incurred prior to
+maintenance, repair, and life extension of training ships at the
+State Maritime Academies;
+(2) $110,000,000 shall remain available until expended for the
+national security multi-mission vessel program, of which--
+(A) not less than $55,000,000 shall be for necessary
+expenses to design, plan, construct infrastructure, and
+purchase equipment necessary to berth such ships, as determined
+by the Secretary: Provided, That such funds may be used to
+reimburse State Maritime Academies for costs incurred prior to
the date of enactment of this Act; and
-(B) up to $55,000,000 shall be for expenses related
-to the operation, integration, oversight, and
-management of national security multi-mission vessel
-school ships, including insurance, maintenance, repair,
-and equipment costs;
-(3) $4,800,000 shall remain available until September 30,
-2030, for the student incentive program;
+(B) up to $55,000,000 shall be for expenses related to the
+operation, integration, oversight, and management of national
+security multi-mission vessel school ships, including
+insurance, maintenance, repair, and equipment costs;
+(3) $4,800,000 shall remain available until September 30, 2030,
+for the student incentive program;
(4) $9,300,000 shall remain available until expended for
training ship fuel assistance; and
-(5) $7,000,000 shall remain available until September 30,
-2027, for direct payments for State Maritime Academies:
-Provided, That each institution eligible for such payments
-receives no more than $1,000,000.
+(5) $7,000,000 shall remain available until September 30, 2027,
+for direct payments for State Maritime Academies: Provided, That
+each institution eligible for such payments receives no more than
+$1,000,000.
assistance to small shipyards
@@ -10867,18 +10700,17 @@
That of the sums appropriated under this heading in this Act--
(1) $38,628,000 shall be for projects for coastal seaports,
inland river ports, or Great Lakes ports: Provided, That for
-grants awarded under this paragraph in this Act, the minimum
-grant size shall be $1,000,000; and
-(2) $64,702,000 shall be for the purposes, and in the
-amounts, specified for Community Project Funding/
-Congressionally Directed Spending in the table entitled
-``Community Project Funding/Congressionally Directed Spending''
-included for this division in the explanatory statement
-described in section 4 (in the matter preceding division A of
-this consolidated Act): Provided, That amounts made available
-in this paragraph for such purposes shall not diminish or
-prejudice any applicant or geographic region for other
-discretionary grant or loan awards made by the Department of
+grants awarded under this paragraph in this Act, the minimum grant
+size shall be $1,000,000; and
+(2) $64,702,000 shall be for the purposes, and in the amounts,
+specified for Community Project Funding/Congressionally Directed
+Spending in the table entitled ``Community Project Funding/
+Congressionally Directed Spending'' included for this division in
+the explanatory statement described in section 4 (in the matter
+preceding division A of this consolidated Act): Provided, That
+amounts made available in this paragraph for such purposes shall
+not diminish or prejudice any applicant or geographic region for
+other discretionary grant or loan awards made by the Department of
Transportation.
administrative provisions--maritime administration
@@ -11136,19 +10968,19 @@
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
-(1) that except with respect to apprentices or trainees, a
-pool of readily available but unemployed individuals possessing
-the knowledge, skill, and ability to perform the work that the
-contract requires resides in the jurisdiction;
+(1) that except with respect to apprentices or trainees, a pool
+of readily available but unemployed individuals possessing the
+knowledge, skill, and ability to perform the work that the contract
+requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
-provisions in its bid document ensuring that the contractor
-does not displace any of its existing employees in order to
-satisfy such hiring preference; and
-(3) that any increase in the cost of labor, training, or
-delays resulting from the use of such hiring preference does
-not delay or displace any transportation project in the
-applicable statewide transportation improvement program or
-transportation improvement program.
+provisions in its bid document ensuring that the contractor does
+not displace any of its existing employees in order to satisfy such
+hiring preference; and
+(3) that any increase in the cost of labor, training, or delays
+resulting from the use of such hiring preference does not delay or
+displace any transportation project in the applicable statewide
+transportation improvement program or transportation improvement
+program.
Sec. 191. The Secretary of Transportation shall coordinate with
the Secretaries of Homeland Security and Commerce to ensure that best
practices for Industrial Control Systems Procurement are up-to-date and
@@ -11218,22 +11050,22 @@
For necessary salaries and expenses for Administrative Support
Offices, $595,000,000, to remain available until September 30, 2027:
Provided, That of the sums appropriated under this heading--
-(1) $103,200,000 shall be available for the Office of the
-Chief Financial Officer;
+(1) $103,200,000 shall be available for the Office of the Chief
+Financial Officer;
(2) $93,000,000 shall be available for the Office of the
General Counsel;
(3) $218,000,000 shall be available for the Office of
Administration;
-(4) $53,000,000 shall be available for the Office of the
-Chief Human Capital Officer;
-(5) $29,500,000 shall be available for the Office of the
-Chief Procurement Officer;
+(4) $53,000,000 shall be available for the Office of the Chief
+Human Capital Officer;
+(5) $29,500,000 shall be available for the Office of the Chief
+Procurement Officer;
(6) $40,000,000 shall be available for the Office of Field
Policy and Management;
(7) $3,300,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
-(8) $55,000,000 shall be available for the Office of the
-Chief Information Officer:
+(8) $55,000,000 shall be available for the Office of the Chief
+Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
@@ -11252,18 +11084,17 @@
For necessary salaries and expenses for Program Offices,
$842,500,000, to remain available until September 30, 2027: Provided,
That of the sums appropriated under this heading--
-(1) $233,000,000 shall be available for the Office of
-Public and Indian Housing;
-(2) $129,000,000 shall be available for the Office of
-Community Planning and Development;
-(3) $380,000,000 shall be available for the Office of
-Housing;
+(1) $233,000,000 shall be available for the Office of Public
+and Indian Housing;
+(2) $129,000,000 shall be available for the Office of Community
+Planning and Development;
+(3) $380,000,000 shall be available for the Office of Housing;
(4) $31,500,000 shall be available for the Office of Policy
Development and Research;
(5) $60,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
-(6) $9,000,000 shall be available for the Office of Lead
-Hazard Control and Healthy Homes.
+(6) $9,000,000 shall be available for the Office of Lead Hazard
+Control and Healthy Homes.
information technology fund
@@ -11317,335 +11148,309 @@
$4,000,000,000, to remain available until expended, which shall be
available on October 1, 2026: Provided, That of the sums appropriated
under this heading--
-(1) $34,957,000,000 shall be available for renewals of
-expiring section 8 tenant-based annual contributions contracts
-(including renewals of enhanced vouchers under any provision of
-law authorizing such assistance under section 8(t) of the Act)
-and including renewal of other special purpose incremental
-vouchers: Provided, That notwithstanding any other provision
-of law, from amounts provided under this paragraph and any
-carryover, the Secretary for the calendar year 2026 funding
-cycle shall provide renewal funding for each public housing
-agency based on validated voucher management system (VMS) or
-successor system leasing and cost data for the prior calendar
-year and by applying an inflation factor as established by the
-Secretary, by notice published in the Federal Register, and by
-making any necessary adjustments for the costs associated with
-the first-time renewal of vouchers under this paragraph
-including tenant protection and choice neighborhoods vouchers:
-Provided further, That none of the funds provided under this
-paragraph may be used to fund a total number of unit months
+(1) $34,957,000,000 shall be available for renewals of expiring
+section 8 tenant-based annual contributions contracts (including
+renewals of enhanced vouchers under any provision of law
+authorizing such assistance under section 8(t) of the Act) and
+including renewal of other special purpose incremental vouchers:
+Provided, That notwithstanding any other provision of law, from
+amounts provided under this paragraph and any carryover, the
+Secretary for the calendar year 2026 funding cycle shall provide
+renewal funding for each public housing agency based on validated
+voucher management system (VMS) or successor system leasing and
+cost data for the prior calendar year and by applying an inflation
+factor as established by the Secretary, by notice published in the
+Federal Register, and by making any necessary adjustments for the
+costs associated with the first-time renewal of vouchers under this
+paragraph including tenant protection and choice neighborhoods
+vouchers: Provided further, That none of the funds provided under
+this paragraph may be used to fund a total number of unit months
under lease which exceeds a public housing agency's authorized
-level of units under contract, except for public housing
-agencies participating in the moving to work (MTW)
-demonstration, which are instead governed in accordance with
-the requirements of the MTW demonstration program or their MTW
-agreements, if any, or as necessary on a temporary basis and
-within available resources to facilitate the transition of
-residents assisted by emergency housing vouchers (Public Law
-117-2; 135 Stat. 58) to tenant-based rental assistance under
-the housing assistance payment contract under section 8(o) of
-the Act: Provided further, That any leasing or associated
-costs authorized for emergency housing vouchers in the
-preceding proviso above the public housing agency's authorized
+level of units under contract, except for public housing agencies
+participating in the moving to work (MTW) demonstration, which are
+instead governed in accordance with the requirements of the MTW
+demonstration program or their MTW agreements, if any, or as
+necessary on a temporary basis and within available resources to
+facilitate the transition of residents assisted by emergency
+housing vouchers (Public Law 117-2; 135 Stat. 58) to tenant-based
+rental assistance under the housing assistance payment contract
+under section 8(o) of the Act: Provided further, That any leasing
+or associated costs authorized for emergency housing vouchers in
+the preceding proviso above the public housing agency's authorized
level of units under contract shall not be included in the
calculation of the agency's renewal funding allocation for any
subsequent fiscal year: Provided further, That the Secretary
-shall, to the extent necessary to stay within the amount
-specified under this paragraph (except as otherwise modified
-under this paragraph), prorate each public housing agency's
-allocation otherwise established pursuant to this paragraph:
-Provided further, That except as provided in the following
-provisos, the entire amount specified under this paragraph
-(except as otherwise modified under this paragraph) shall be
-obligated to the public housing agencies based on the
-allocation and pro rata method described above, and the
-Secretary shall notify public housing agencies of their annual
-budget by the latter of 60 days after enactment of this Act or
-March 1, 2026: Provided further, That the Secretary may extend
-the notification period only after the House and Senate
-Committees on Appropriations are notified at least 10 business
-days in advance of the deadline: Provided further, That public
-housing agencies participating in the MTW demonstration shall
-be funded in accordance with the requirements of the MTW
-demonstration program or their MTW agreements, if any, and
-shall be subject to the same pro rata adjustments under the
-preceding provisos: Provided further, That the Secretary may
-perform a statutory offset of public housing agencies' calendar
-year 2026 allocations based on the excess amounts of public
-housing agencies' net restricted assets accounts, including
-HUD-held programmatic reserves (in accordance with VMS or
-successor system data in calendar year 2025 that is verifiable
-and complete), as determined by the Secretary: Provided
-further, That public housing agencies participating in the MTW
-demonstration shall also be subject to the statutory offset:
-Provided further, That for amounts subject to the single fund
-budget authority provisions of their MTW agreements, excess
-amounts shall be offset only to the extent permitted by section
-239 of the Consolidated Appropriations Act, 2016 (Public Law
-114-113): Provided further, That for public housing agencies
-in the MTW demonstration subject to single fund budget
-authority provisions, the Secretary shall provide not less than
-60 days to appeal such offsets and shall not offset amounts
-that have been committed to capital improvement, development,
-and other repositioning activities that are scheduled to close
-within 12 months of enactment of this Act, as evidenced in
-funding applications, project schedules, or other commitments
-to third parties implementing such activities, to the extent
-that reserve amounts excluded from offset under such section
-239 are insufficient to cover such commitments: Provided
-further, That the Secretary shall not offset any portion of a
-public housing agency's excess amounts if offsetting such
-portion would result in a public housing agency being put in a
-shortfall position in calendar year 2026, as estimated by HUD
-prior to the offset's implementation, as determined by the
-Secretary: Provided further, That the Secretary shall use any
-such offset amounts referred to in the preceding five provisos
-throughout the calendar year to prevent the termination of
+shall, to the extent necessary to stay within the amount specified
+under this paragraph (except as otherwise modified under this
+paragraph), prorate each public housing agency's allocation
+otherwise established pursuant to this paragraph: Provided
+further, That except as provided in the following provisos, the
+entire amount specified under this paragraph (except as otherwise
+modified under this paragraph) shall be obligated to the public
+housing agencies based on the allocation and pro rata method
+described above, and the Secretary shall notify public housing
+agencies of their annual budget by the latter of 60 days after
+enactment of this Act or March 1, 2026: Provided further, That the
+Secretary may extend the notification period only after the House
+and Senate Committees on Appropriations are notified at least 10
+business days in advance of the deadline: Provided further, That
+public housing agencies participating in the MTW demonstration
+shall be funded in accordance with the requirements of the MTW
+demonstration program or their MTW agreements, if any, and shall be
+subject to the same pro rata adjustments under the preceding
+provisos: Provided further, That the Secretary may perform a
+statutory offset of public housing agencies' calendar year 2026
+allocations based on the excess amounts of public housing agencies'
+net restricted assets accounts, including HUD-held programmatic
+reserves (in accordance with VMS or successor system data in
+calendar year 2025 that is verifiable and complete), as determined
+by the Secretary: Provided further, That public housing agencies
+participating in the MTW demonstration shall also be subject to the
+statutory offset: Provided further, That for amounts subject to
+the single fund budget authority provisions of their MTW
+agreements, excess amounts shall be offset only to the extent
+permitted by section 239 of the Consolidated Appropriations Act,
+2016 (Public Law 114-113): Provided further, That for public
+housing agencies in the MTW demonstration subject to single fund
+budget authority provisions, the Secretary shall provide not less
+than 60 days to appeal such offsets and shall not offset amounts
+that have been committed to capital improvement, development, and
+other repositioning activities that are scheduled to close within
+12 months of enactment of this Act, as evidenced in funding
+applications, project schedules, or other commitments to third
+parties implementing such activities, to the extent that reserve
+amounts excluded from offset under such section 239 are
+insufficient to cover such commitments: Provided further, That the
+Secretary shall not offset any portion of a public housing agency's
+excess amounts if offsetting such portion would result in a public
+housing agency being put in a shortfall position in calendar year
+2026, as estimated by HUD prior to the offset's implementation, as
+determined by the Secretary: Provided further, That the Secretary
+shall use any such offset amounts referred to in the preceding five
+provisos throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
-funding, as determined by the Secretary, and to avoid or reduce
-the proration of renewal funding allocations: Provided
-further, That the Secretary may waive or specify alternative
-requirements for section 5A and section 8(o) of the Act or any
-regulation applicable to such statutes related to the
-administration of waiting lists, local preferences,
-portability, and public housing agency plan and public hearing
-requirements to facilitate or expedite the transition of
-residents assisted by emergency housing vouchers (Public Law
-117-2; 135 Stat. 58) to tenant-based rental assistance under
-the housing assistance payment contract under section 8(o) of
+funding, as determined by the Secretary, and to avoid or reduce the
+proration of renewal funding allocations: Provided further, That
+the Secretary may waive or specify alternative requirements for
+section 5A and section 8(o) of the Act or any regulation applicable
+to such statutes related to the administration of waiting lists,
+local preferences, portability, and public housing agency plan and
+public hearing requirements to facilitate or expedite the
+transition of residents assisted by emergency housing vouchers
+(Public Law 117-2; 135 Stat. 58) to tenant-based rental assistance
+under the housing assistance payment contract under section 8(o) of
the Act: Provided further, That up to $400,000,000 shall be
available only:
-(A) for adjustments in the allocations for public
-housing agencies, after application for an adjustment
-by a public housing agency that experienced a
-significant increase, as determined by the Secretary,
-in renewal costs of vouchers resulting from unforeseen
-circumstances or from portability under section 8(r) of
-the Act;
-(B) for vouchers that were not in use during the
-previous 12-month period in order to be available to
-meet a commitment pursuant to section 8(o)(13) of the
-Act, or an adjustment for a funding obligation not yet
-expended in the previous calendar year for a MTW-
-eligible activity to develop affordable housing for an
-agency added to the MTW demonstration under the
+(A) for adjustments in the allocations for public housing
+agencies, after application for an adjustment by a public
+housing agency that experienced a significant increase, as
+determined by the Secretary, in renewal costs of vouchers
+resulting from unforeseen circumstances or from portability
+under section 8(r) of the Act;
+(B) for vouchers that were not in use during the previous
+12-month period in order to be available to meet a commitment
+pursuant to section 8(o)(13) of the Act, or an adjustment for a
+funding obligation not yet expended in the previous calendar
+year for a MTW-eligible activity to develop affordable housing
+for an agency added to the MTW demonstration under the
expansion authority provided in section 239 of the
-Transportation, Housing and Urban Development, and
-Related Agencies Appropriations Act, 2016 (division L
-of Public Law 114-113);
-(C) for adjustments for costs associated with HUD-
-Veterans Affairs Supportive Housing (HUD-VASH)
-vouchers;
+Transportation, Housing and Urban Development, and Related
+Agencies Appropriations Act, 2016 (division L of Public Law
+114-113);
+(C) for adjustments for costs associated with HUD-Veterans
+Affairs Supportive Housing (HUD-VASH) vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
-Secretary, would otherwise be required to terminate
-rental assistance for families as a result of
-insufficient funding;
-(E) for adjustments in the allocations for public
-housing agencies that--
-(i) are leasing a lower-than-average
-percentage of their authorized vouchers,
-(ii) have low amounts of budget authority
-in their net restricted assets accounts and
-HUD-held programmatic reserves, relative to
-other agencies, and
-(iii) are not participating in the MTW
-demonstration, to enable such agencies to lease
-more vouchers;
-(F) for withheld payments in accordance with
-section 8(o)(8)(A)(ii) of the Act for months in the
-previous calendar year that were subsequently paid by
-the public housing agency after the agency's actual
-costs were validated;
-(G) for public housing agencies that have
-experienced increased costs or loss of units in an area
-for which the President declared a disaster under title
-IV of the Robert T. Stafford Disaster Relief and
-Emergency Assistance Act (42 U.S.C. 5170 et seq.); and
+Secretary, would otherwise be required to terminate rental
+assistance for families as a result of insufficient funding;
+(E) for adjustments in the allocations for public housing
+agencies that--
+(i) are leasing a lower-than-average percentage of
+their authorized vouchers,
+(ii) have low amounts of budget authority in their net
+restricted assets accounts and HUD-held programmatic
+reserves, relative to other agencies, and
+(iii) are not participating in the MTW demonstration,
+to enable such agencies to lease more vouchers;
+(F) for withheld payments in accordance with section
+8(o)(8)(A)(ii) of the Act for months in the previous calendar
+year that were subsequently paid by the public housing agency
+after the agency's actual costs were validated;
+(G) for public housing agencies that have experienced
+increased costs or loss of units in an area for which the
+President declared a disaster under title IV of the Robert T.
+Stafford Disaster Relief and Emergency Assistance Act (42
+U.S.C. 5170 et seq.); and
(H) for costs associated with mainstream vouchers:
-Provided further, That the Secretary shall allocate amounts
-under the preceding proviso based on need, as determined by the
+Provided further, That the Secretary shall allocate amounts under
+the preceding proviso based on need, as determined by the
Secretary;
(2) $600,622,000 shall be available for section 8 rental
-assistance for relocation and replacement of housing units that
-are demolished or disposed of pursuant to section 18 of the
-Act, conversion of section 23 projects to assistance under
-section 8, relocation of witnesses (including victims of
-violent crimes) in connection with efforts to combat crime in
-public and assisted housing pursuant to a request from a law
-enforcement or prosecution agency, enhanced vouchers under any
-provision of law authorizing such assistance under section 8(t)
-of the Act, choice neighborhood vouchers, mandatory and
-voluntary conversions, and tenant protection assistance
-including replacement and relocation assistance or for project-
-based assistance to prevent the displacement of unassisted
-elderly tenants currently residing in section 202 properties
-financed between 1959 and 1974 that are refinanced pursuant to
-Public Law 106-569, as amended, or under the authority as
-provided under this Act: Provided, That when a public housing
-development is submitted for demolition or disposition under
-section 18 of the Act, the Secretary may provide section 8
-rental assistance when the units pose an imminent health and
-safety risk to residents: Provided further, That the Secretary
-may provide section 8 rental assistance from amounts made
-available under this paragraph for units assisted under a
-project-based subsidy contract funded under the ``Project-Based
-Rental Assistance'' heading under this title where the owner
-has received a Notice of Default and the units pose an imminent
-health and safety risk to residents: Provided further, That of
-the amounts made available under this paragraph, no less than
-$5,000,000 may be available to provide tenant protection
-assistance, not otherwise provided under this paragraph, to
-residents residing in low vacancy areas and who may have to pay
-rents greater than 30 percent of household income, as the
-result of: (A) the maturity of a HUD-insured, HUD-held or
-section 202 loan that requires the permission of the Secretary
-prior to loan prepayment; (B) the expiration of a rental
-assistance contract for which the tenants are not eligible for
-enhanced voucher or tenant protection assistance under existing
+assistance for relocation and replacement of housing units that are
+demolished or disposed of pursuant to section 18 of the Act,
+conversion of section 23 projects to assistance under section 8,
+relocation of witnesses (including victims of violent crimes) in
+connection with efforts to combat crime in public and assisted
+housing pursuant to a request from a law enforcement or prosecution
+agency, enhanced vouchers under any provision of law authorizing
+such assistance under section 8(t) of the Act, choice neighborhood
+vouchers, mandatory and voluntary conversions, and tenant
+protection assistance including replacement and relocation
+assistance or for project-based assistance to prevent the
+displacement of unassisted elderly tenants currently residing in
+section 202 properties financed between 1959 and 1974 that are
+refinanced pursuant to Public Law 106-569, as amended, or under the
+authority as provided under this Act: Provided, That when a public
+housing development is submitted for demolition or disposition
+under section 18 of the Act, the Secretary may provide section 8
+rental assistance when the units pose an imminent health and safety
+risk to residents: Provided further, That the Secretary may
+provide section 8 rental assistance from amounts made available
+under this paragraph for units assisted under a project-based
+subsidy contract funded under the ``Project-Based Rental
+Assistance'' heading under this title where the owner has received
+a Notice of Default and the units pose an imminent health and
+safety risk to residents: Provided further, That of the amounts
+made available under this paragraph, no less than $5,000,000 may be
+available to provide tenant protection assistance, not otherwise
+provided under this paragraph, to residents residing in low vacancy
+areas and who may have to pay rents greater than 30 percent of
+household income, as the result of: (A) the maturity of a HUD-
+insured, HUD-held or section 202 loan that requires the permission
+of the Secretary prior to loan prepayment; (B) the expiration of a
+rental assistance contract for which the tenants are not eligible
+for enhanced voucher or tenant protection assistance under existing
law; or (C) the expiration of affordability restrictions
-accompanying a mortgage or preservation program administered by
-the Secretary: Provided further, That such tenant protection
+accompanying a mortgage or preservation program administered by the
+Secretary: Provided further, That such tenant protection
assistance made available under the preceding proviso may be
-provided under the authority of section 8(t) or section
-8(o)(13) of the Act: Provided further, That any tenant
-protection voucher made available from amounts under this
-paragraph shall not be reissued by any public housing agency,
-except the replacement vouchers as defined by the Secretary by
-notice, when the initial family that received any such voucher
-no longer receives such voucher, and the authority for any
-public housing agency to issue any such voucher shall cease to
-exist: Provided further, That the Secretary may only provide
-replacement vouchers for units that were occupied within the
-previous 24 months that cease to be available as assisted
-housing, subject only to the availability of funds: Provided
-further, That amounts made available under this paragraph may
-be available to provide calendar year 2026 assistance to public
+provided under the authority of section 8(t) or section 8(o)(13) of
+the Act: Provided further, That any tenant protection voucher made
+available from amounts under this paragraph shall not be reissued
+by any public housing agency, except the replacement vouchers as
+defined by the Secretary by notice, when the initial family that
+received any such voucher no longer receives such voucher, and the
+authority for any public housing agency to issue any such voucher
+shall cease to exist: Provided further, That the Secretary may
+only provide replacement vouchers for units that were occupied
+within the previous 24 months that cease to be available as
+assisted housing, subject only to the availability of funds:
+Provided further, That amounts made available under this paragraph
+may be available to provide calendar year 2026 assistance to public
housing agencies that would otherwise be required to terminate
emergency housing vouchers (Public Law 117-2; 135 Stat. 58) for
families as a result of insufficient funding;
-(3) $2,835,935,000 shall be available for administrative
-and other expenses of public housing agencies in administering
-the section 8 tenant-based rental assistance program, of which
-up to $30,000,000 shall be available to the Secretary to
-allocate to public housing agencies that need additional funds
-to administer their section 8 programs, including fees
-associated with section 8 tenant protection rental assistance,
-the administration of disaster related vouchers, HUD-VASH
-vouchers, and other special purpose incremental vouchers:
-Provided, That no less than $2,805,935,000 of the amount
-provided in this paragraph shall be allocated to public housing
-agencies for the calendar year 2026 funding cycle based on
-section 8(q) of the Act (and related appropriations Act
-provisions) as in effect immediately before the enactment of
-the Quality Housing and Work Responsibility Act of 1998 (Public
-Law 105-276): Provided further, That if the amounts made
-available under this paragraph are insufficient to pay the
-amounts determined under the preceding proviso, the Secretary
-may decrease the amounts allocated to agencies by a uniform
-percentage applicable to all agencies receiving funding under
-this paragraph or may, to the extent necessary to provide full
-payment of amounts determined under the preceding proviso,
-utilize unobligated balances, including recaptures and
-carryover, remaining from funds appropriated under this heading
-from prior fiscal years, excluding special purpose vouchers,
-notwithstanding the purposes for which such amounts were
-appropriated: Provided further, That all public housing
-agencies participating in the MTW demonstration shall be funded
-in accordance with the requirements of the MTW demonstration
-program or their MTW agreements, if any, and shall be subject
-to the same uniform percentage decrease as under the preceding
+(3) $2,835,935,000 shall be available for administrative and
+other expenses of public housing agencies in administering the
+section 8 tenant-based rental assistance program, of which up to
+$30,000,000 shall be available to the Secretary to allocate to
+public housing agencies that need additional funds to administer
+their section 8 programs, including fees associated with section 8
+tenant protection rental assistance, the administration of disaster
+related vouchers, HUD-VASH vouchers, and other special purpose
+incremental vouchers: Provided, That no less than $2,805,935,000
+of the amount provided in this paragraph shall be allocated to
+public housing agencies for the calendar year 2026 funding cycle
+based on section 8(q) of the Act (and related appropriations Act
+provisions) as in effect immediately before the enactment of the
+Quality Housing and Work Responsibility Act of 1998 (Public Law
+105-276): Provided further, That if the amounts made available
+under this paragraph are insufficient to pay the amounts determined
+under the preceding proviso, the Secretary may decrease the amounts
+allocated to agencies by a uniform percentage applicable to all
+agencies receiving funding under this paragraph or may, to the
+extent necessary to provide full payment of amounts determined
+under the preceding proviso, utilize unobligated balances,
+including recaptures and carryover, remaining from funds
+appropriated under this heading from prior fiscal years, excluding
+special purpose vouchers, notwithstanding the purposes for which
+such amounts were appropriated: Provided further, That all public
+housing agencies participating in the MTW demonstration shall be
+funded in accordance with the requirements of the MTW demonstration
+program or their MTW agreements, if any, and shall be subject to
+the same uniform percentage decrease as under the preceding
proviso: Provided further, That amounts provided under this
-paragraph shall be only for activities related to the provision
-of tenant-based rental assistance authorized under section 8,
+paragraph shall be only for activities related to the provision of
+tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $15,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing program
-administered in conjunction with the Department of Veterans
-Affairs as authorized under section 8(o)(19) of the United
-States Housing Act of 1937: Provided, That the Secretary of
-Housing and Urban Development shall make such funding
-available, notwithstanding section 203 (competition provision)
-of this title, to public housing agencies that partner with
-eligible VA medical centers or other entities as designated by
-the Secretary of the Department of Veterans Affairs, based on
-geographical need for such assistance as identified by the
-Secretary of the Department of Veterans Affairs, public housing
-agency administrative performance, and other factors as
-specified by the Secretary of Housing and Urban Development in
+administered in conjunction with the Department of Veterans Affairs
+as authorized under section 8(o)(19) of the United States Housing
+Act of 1937: Provided, That the Secretary of Housing and Urban
+Development shall make such funding available, notwithstanding
+section 203 (competition provision) of this title, to public
+housing agencies that partner with eligible VA medical centers or
+other entities as designated by the Secretary of the Department of
+Veterans Affairs, based on geographical need for such assistance as
+identified by the Secretary of the Department of Veterans Affairs,
+public housing agency administrative performance, and other factors
+as specified by the Secretary of Housing and Urban Development in
consultation with the Secretary of the Department of Veterans
-Affairs: Provided further, That the Secretary of Housing and
-Urban Development may waive, or specify alternative
-requirements for (in consultation with the Secretary of the
-Department of Veterans Affairs), any provision of any statute
-or regulation that the Secretary of Housing and Urban
-Development administers in connection with the use of funds
-made available under this paragraph (except for requirements
-related to fair housing, nondiscrimination, labor standards,
-and the environment), upon a finding by the Secretary that any
-such waivers or alternative requirements are necessary for the
-effective delivery and administration of such voucher
-assistance: Provided further, That assistance made available
-under this paragraph shall continue to remain available for
-homeless veterans upon turn-over: Provided further, That of
-the total amount made available under this paragraph, up to
-$10,000,000 may be for additional fees established by and
-allocated pursuant to a method determined by the Secretary for
-administrative and other expenses (including those eligible
+Affairs: Provided further, That the Secretary of Housing and Urban
+Development may waive, or specify alternative requirements for (in
+consultation with the Secretary of the Department of Veterans
+Affairs), any provision of any statute or regulation that the
+Secretary of Housing and Urban Development administers in
+connection with the use of funds made available under this
+paragraph (except for requirements related to fair housing,
+nondiscrimination, labor standards, and the environment), upon a
+finding by the Secretary that any such waivers or alternative
+requirements are necessary for the effective delivery and
+administration of such voucher assistance: Provided further, That
+assistance made available under this paragraph shall continue to
+remain available for homeless veterans upon turn-over: Provided
+further, That of the total amount made available under this
+paragraph, up to $10,000,000 may be for additional fees established
+by and allocated pursuant to a method determined by the Secretary
+for administrative and other expenses (including those eligible
activities defined by notice to facilitate leasing, such as
-security deposit assistance and costs related to the retention
-and support of participating owners) of public housing agencies
-in administering HUD-VASH vouchers;
-(5) $30,000,000 shall be available for the family
-unification program as authorized under section 8(x) of the
-Act: Provided, That the amounts made available under this
-paragraph are provided as follows:
-(A) $5,000,000 shall be available for new
-incremental voucher assistance, which shall continue to
-remain available for family unification upon turnover;
-and
-(B) $25,000,000 shall be available for new
-incremental voucher assistance to assist eligible youth
-as defined by such section 8(x)(2)(B) of the Act, which
-shall continue to remain available for such eligible
-youth upon turnover: Provided, That such amounts shall
-be available on a noncompetitive basis to public
-housing agencies that partner with public child welfare
-agencies to identify such eligible youth, that request
-such assistance to timely assist such eligible youth,
-and that meet any other criteria as specified by the
-Secretary: Provided further, That the Secretary shall
-review utilization of such assistance and assistance
-originating from appropriations made available for
-youth under this heading in any prior Act that the
-Secretary made available on a noncompetitive basis, at
-an interval to be determined by the Secretary, and
-unutilized voucher assistance that is no longer needed
-based on such review shall be recaptured by the
-Secretary and reallocated pursuant to the preceding
-proviso:
-Provided further, That any public housing agency
-administering new incremental voucher assistance originating
-from appropriations made available for the family unification
-program under this heading in this or any prior Act that the
-Secretary made available on a competitive basis that determines
-it no longer has an identified need for such assistance upon
-turnover shall notify the Secretary, and the Secretary shall
-recapture such assistance from the agency and reallocate it to
-any other public housing agency or agencies based on need for
-voucher assistance in connection with such specified program or
-eligible youth, as applicable; and
-(6) the Secretary shall separately track all special
-purpose vouchers funded under this heading and continue to
-provide timely updates on budget, utilization, spending and
-leasing trends for all vouchers by purpose on the voucher data
-dashboard on the publicly accessible website of the Department:
-Provided, That upon turnover, special purpose vouchers issued
-pursuant to section 811 of the Cranston-Gonzalez National
-Affordable Housing Act (42 U.S.C. 8013) funded under this or
-any other heading in this or prior Acts, shall be provided to
-non-elderly persons with disabilities.
+security deposit assistance and costs related to the retention and
+support of participating owners) of public housing agencies in
+administering HUD-VASH vouchers;
+(5) $30,000,000 shall be available for the family unification
+program as authorized under section 8(x) of the Act: Provided,
+That the amounts made available under this paragraph are provided
+as follows:
+(A) $5,000,000 shall be available for new incremental
+voucher assistance, which shall continue to remain available
+for family unification upon turnover; and
+(B) $25,000,000 shall be available for new incremental
+voucher assistance to assist eligible youth as defined by such
+section 8(x)(2)(B) of the Act, which shall continue to remain
+available for such eligible youth upon turnover: Provided,
+That such amounts shall be available on a noncompetitive basis
+to public housing agencies that partner with public child
+welfare agencies to identify such eligible youth, that request
+such assistance to timely assist such eligible youth, and that
+meet any other criteria as specified by the Secretary:
+Provided further, That the Secretary shall review utilization
+of such assistance and assistance originating from
+appropriations made available for youth under this heading in
+any prior Act that the Secretary made available on a
+noncompetitive basis, at an interval to be determined by the
+Secretary, and unutilized voucher assistance that is no longer
+needed based on such review shall be recaptured by the
+Secretary and reallocated pursuant to the preceding proviso:
+Provided further, That any public housing agency administering
+new incremental voucher assistance originating from appropriations
+made available for the family unification program under this
+heading in this or any prior Act that the Secretary made available
+on a competitive basis that determines it no longer has an
+identified need for such assistance upon turnover shall notify the
+Secretary, and the Secretary shall recapture such assistance from
+the agency and reallocate it to any other public housing agency or
+agencies based on need for voucher assistance in connection with
+such specified program or eligible youth, as applicable; and
+(6) the Secretary shall separately track all special purpose
+vouchers funded under this heading and continue to provide timely
+updates on budget, utilization, spending and leasing trends for all
+vouchers by purpose on the voucher data dashboard on the publicly
+accessible website of the Department: Provided, That upon
+turnover, special purpose vouchers issued pursuant to section 811
+of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
+8013) funded under this or any other heading in this or prior Acts,
+shall be provided to non-elderly persons with disabilities.
housing certificate fund
@@ -11684,73 +11489,69 @@
(2) $337,000,000 shall be available for the Secretary to
allocate pursuant to a need-based application process,
notwithstanding section 203 of this title, not subject to such
-operating fund formula, and without regard to unit count, to
-public housing agencies that experience, or are at risk of,
-financial shortfalls, as determined by the Secretary:
-Provided, That the Secretary shall notify public housing
-agencies of their estimated shortfall eligibility no later than
-60 days of the enactment of this Act;
+operating fund formula, and without regard to unit count, to public
+housing agencies that experience, or are at risk of, financial
+shortfalls, as determined by the Secretary: Provided, That the
+Secretary shall notify public housing agencies of their estimated
+shortfall eligibility no later than 60 days of the enactment of
+this Act;
(3) $3,200,000,000 shall be available for the Secretary to
-allocate pursuant to the capital fund formula at section
-905.400 of title 24, Code of Federal Regulations: Provided,
-That for funds described under this paragraph, the limitation
-in section 9(g)(1) of the Act shall be 25 percent: Provided
-further, That the Secretary may waive the limitation in the
-preceding proviso to allow public housing agencies to fund
-activities authorized under section 9(e)(1)(C) of the Act:
-Provided further, That the Secretary shall notify public
-housing agencies requesting waivers under the preceding proviso
-if the request is approved or denied within 14 days of
-submitting the request: Provided further, That from the funds
-made available under this paragraph, the Secretary shall
-provide bonus awards in fiscal year 2026 to public housing
-agencies that are designated high performers: Provided
-further, That the Department shall notify public housing
-agencies of their formula allocation within 60 days of
-enactment of this Act;
-(4) $30,000,000 shall be available for the Secretary to
-make grants, notwithstanding section 203 of this title, to
-public housing agencies for emergency capital needs, including
-safety and security measures necessary to address crime and
-drug-related activity, as well as needs resulting from
-unforeseen or unpreventable emergencies and natural disasters
-excluding Presidentially declared emergencies and natural
-disasters under the Robert T. Stafford Disaster Relief and
-Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
-2026: Provided, That of the amount made available under this
-paragraph, not less than $10,000,000 shall be for safety and
-security measures: Provided further, That in addition to the
-amount in the preceding proviso for such safety and security
-measures, any amounts that remain available, after all
-applications received on or before September 30, 2027, for
-emergency capital needs have been processed, shall be allocated
-to public housing agencies for such safety and security
+allocate pursuant to the capital fund formula at section 905.400 of
+title 24, Code of Federal Regulations: Provided, That for funds
+described under this paragraph, the limitation in section 9(g)(1)
+of the Act shall be 25 percent: Provided further, That the
+Secretary may waive the limitation in the preceding proviso to
+allow public housing agencies to fund activities authorized under
+section 9(e)(1)(C) of the Act: Provided further, That the
+Secretary shall notify public housing agencies requesting waivers
+under the preceding proviso if the request is approved or denied
+within 14 days of submitting the request: Provided further, That
+from the funds made available under this paragraph, the Secretary
+shall provide bonus awards in fiscal year 2026 to public housing
+agencies that are designated high performers: Provided further,
+That the Department shall notify public housing agencies of their
+formula allocation within 60 days of enactment of this Act;
+(4) $30,000,000 shall be available for the Secretary to make
+grants, notwithstanding section 203 of this title, to public
+housing agencies for emergency capital needs, including safety and
+security measures necessary to address crime and drug-related
+activity, as well as needs resulting from unforeseen or
+unpreventable emergencies and natural disasters excluding
+Presidentially declared emergencies and natural disasters under the
+Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C.
+5121 et seq.) occurring in fiscal year 2026: Provided, That of the
+amount made available under this paragraph, not less than
+$10,000,000 shall be for safety and security measures: Provided
+further, That in addition to the amount in the preceding proviso
+for such safety and security measures, any amounts that remain
+available, after all applications received on or before September
+30, 2027, for emergency capital needs have been processed, shall be
+allocated to public housing agencies for such safety and security
measures;
-(5) $50,000,000 shall be available for competitive grants
-to public housing agencies to evaluate and reduce residential
-health hazards in public housing, including lead-based paint
-(by carrying out the activities of risk assessments, abatement,
-and interim controls, as those terms are defined in section
-1004 of the Residential Lead-Based Paint Hazard Reduction Act
-of 1992 (42 U.S.C. 4851b)), carbon monoxide, mold, radon, and
-fire safety: Provided, That not less than $25,000,000 of the
-amounts provided under this paragraph shall be awarded for
-evaluating and reducing lead-based paint hazards, except that
-if such amount is undersubscribed any remaining amounts may be
-awarded to qualified applicants for other purposes under this
-paragraph: Provided further, That for purposes of
-environmental review, a grant under this paragraph shall be
-considered funds for projects or activities under title I of
-the Act for purposes of section 26 of the Act (42 U.S.C. 1437x)
-and shall be subject to the regulations implementing such
-section; and
+(5) $50,000,000 shall be available for competitive grants to
+public housing agencies to evaluate and reduce residential health
+hazards in public housing, including lead-based paint (by carrying
+out the activities of risk assessments, abatement, and interim
+controls, as those terms are defined in section 1004 of the
+Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
+U.S.C. 4851b)), carbon monoxide, mold, radon, and fire safety:
+Provided, That not less than $25,000,000 of the amounts provided
+under this paragraph shall be awarded for evaluating and reducing
+lead-based paint hazards, except that if such amount is
+undersubscribed any remaining amounts may be awarded to qualified
+applicants for other purposes under this paragraph: Provided
+further, That for purposes of environmental review, a grant under
+this paragraph shall be considered funds for projects or activities
+under title I of the Act for purposes of section 26 of the Act (42
+U.S.C. 1437x) and shall be subject to the regulations implementing
+such section; and
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to public housing agencies in receivership, designated
-troubled or substandard, or otherwise at risk, as determined by
-the Secretary, for costs associated with public housing asset
-improvement, in addition to other amounts for that purpose
-provided under any heading under this title:
+troubled or substandard, or otherwise at risk, as determined by the
+Secretary, for costs associated with public housing asset
+improvement, in addition to other amounts for that purpose provided
+under any heading under this title:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2026, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
@@ -11843,58 +11644,54 @@
to remain available until September 30, 2029, $206,400,000: Provided,
That of the sums appropriated under this heading--
(1) $156,400,000 shall be available for the family self-
-sufficiency program to support family self-sufficiency
-coordinators under section 23 of the United States Housing Act
-of 1937 (42 U.S.C. 1437u), to promote the development of local
-strategies to coordinate the use of assistance under sections 8
-and 9 of such Act with public and private resources, and enable
-eligible families to achieve economic independence and self-
-sufficiency: Provided, That the Secretary may use recaptured
-amounts made available under this paragraph in prior Acts to
-provide bonus awards to programs that are assigned a ranking of
-performance category 1 based on their publicly available family
-self-sufficiency achievement metrics (FAM) scores;
-(2) $40,000,000 shall be available for the resident
-opportunity and self-sufficiency program to provide for
-supportive services, service coordinators, and congregate
-services as authorized by section 34 of the United States
-Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native American
-Housing Assistance and Self-Determination Act of 1996 (25
-U.S.C. 4101 et seq.): Provided, That amounts made available
-under this paragraph may be used to renew resident opportunity
-and self-sufficiency program grants to allow the public housing
-agency, or a new owner, to continue to serve (or restart
-service to) residents of a project with assistance converted
-from public housing to project-based rental assistance under
-section 8 of the United States Housing Act of 1937 (42 U.S.C.
-1437f) or assistance under section 8(o)(13) of such Act under
-the heading ``Rental Assistance Demonstration'' in the
-Department of Housing and Urban Development Appropriations Act,
-2012 (Public Law 112-55), as amended (42 U.S.C. 1437f note);
-and
-(3) $10,000,000 shall be available for a jobs-plus
-initiative, modeled after the jobs-plus demonstration:
-Provided, That funding provided under this paragraph shall be
-available for competitive grants to partnerships between public
-housing agencies, local workforce investment boards established
-under section 107 of the Workforce Innovation and Opportunity
-Act of 2014 (29 U.S.C. 3122), and other agencies and
-organizations that provide support to help public housing
-residents obtain employment and increase earnings: Provided
-further, That applicants must demonstrate the ability to
-provide services to residents, partner with workforce
-investment boards, and leverage service dollars: Provided
-further, That the Secretary may allow public housing agencies
-to request exemptions from rent and income limitation
-requirements under sections 3 and 6 of the United States
-Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
-implement the jobs-plus program, on such terms and conditions
-as the Secretary may approve upon a finding by the Secretary
-that any such waivers or alternative requirements are necessary
-for the effective implementation of the jobs-plus initiative as
-a voluntary program for residents: Provided further, That the
-Secretary shall publish by notice in the Federal Register any
-waivers or alternative requirements pursuant to the preceding
+sufficiency program to support family self-sufficiency coordinators
+under section 23 of the United States Housing Act of 1937 (42
+U.S.C. 1437u), to promote the development of local strategies to
+coordinate the use of assistance under sections 8 and 9 of such Act
+with public and private resources, and enable eligible families to
+achieve economic independence and self-sufficiency: Provided, That
+the Secretary may use recaptured amounts made available under this
+paragraph in prior Acts to provide bonus awards to programs that
+are assigned a ranking of performance category 1 based on their
+publicly available family self-sufficiency achievement metrics
+(FAM) scores;
+(2) $40,000,000 shall be available for the resident opportunity
+and self-sufficiency program to provide for supportive services,
+service coordinators, and congregate services as authorized by
+section 34 of the United States Housing Act of 1937 (42 U.S.C.
+1437z-6) and the Native American Housing Assistance and Self-
+Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided, That
+amounts made available under this paragraph may be used to renew
+resident opportunity and self-sufficiency program grants to allow
+the public housing agency, or a new owner, to continue to serve (or
+restart service to) residents of a project with assistance
+converted from public housing to project-based rental assistance
+under section 8 of the United States Housing Act of 1937 (42 U.S.C.
+1437f) or assistance under section 8(o)(13) of such Act under the
+heading ``Rental Assistance Demonstration'' in the Department of
+Housing and Urban Development Appropriations Act, 2012 (Public Law
+112-55), as amended (42 U.S.C. 1437f note); and
+(3) $10,000,000 shall be available for a jobs-plus initiative,
+modeled after the jobs-plus demonstration: Provided, That funding
+provided under this paragraph shall be available for competitive
+grants to partnerships between public housing agencies, local
+workforce investment boards established under section 107 of the
+Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3122),
+and other agencies and organizations that provide support to help
+public housing residents obtain employment and increase earnings:
+Provided further, That applicants must demonstrate the ability to
+provide services to residents, partner with workforce investment
+boards, and leverage service dollars: Provided further, That the
+Secretary may allow public housing agencies to request exemptions
+from rent and income limitation requirements under sections 3 and 6
+of the United States Housing Act of 1937 (42 U.S.C. 1437a, 1437d),
+as necessary to implement the jobs-plus program, on such terms and
+conditions as the Secretary may approve upon a finding by the
+Secretary that any such waivers or alternative requirements are
+necessary for the effective implementation of the jobs-plus
+initiative as a voluntary program for residents: Provided further,
+That the Secretary shall publish by notice in the Federal Register
+any waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice.
@@ -11907,90 +11704,86 @@
with respect to Indian tribes, and for related activities and
assistance, $1,354,000,000, to remain available until September 30,
2030: Provided, That of the sums appropriated under this heading--
-(1) $1,111,000,000 shall be available for the Native
-American housing block grants program, as authorized under
-title I of NAHASDA: Provided, That, notwithstanding NAHASDA,
-to determine the amount of the allocation under title I of such
-Act for each Indian tribe, the Secretary shall apply the
-formula under section 302 of such Act with the need component
-based on single-race census data and with the need component
-based on multi-race census data, and the amount of the
-allocation for each Indian tribe shall be the greater of the
-two resulting allocation amounts: Provided further, That the
-Secretary shall notify grantees of their formula allocation not
-later than 60 days after the date of enactment of this Act;
+(1) $1,111,000,000 shall be available for the Native American
+housing block grants program, as authorized under title I of
+NAHASDA: Provided, That, notwithstanding NAHASDA, to determine the
+amount of the allocation under title I of such Act for each Indian
+tribe, the Secretary shall apply the formula under section 302 of
+such Act with the need component based on single-race census data
+and with the need component based on multi-race census data, and
+the amount of the allocation for each Indian tribe shall be the
+greater of the two resulting allocation amounts: Provided further,
+That the Secretary shall notify grantees of their formula
+allocation not later than 60 days after the date of enactment of
+this Act;
(2) $125,000,000 shall be available for competitive grants
under the Native American housing block grants program, as
-authorized under title I of NAHASDA: Provided, That the
-Secretary shall obligate such amount for competitive grants to
-eligible recipients authorized under NAHASDA that apply for
-funds: Provided further, That in awarding amounts made
-available in this paragraph, the Secretary shall consider need
-and administrative capacity, and shall give priority to
-projects that will spur construction and rehabilitation of
-housing: Provided further, That any amounts transferred for
-the necessary costs of administering and overseeing the
-obligation and expenditure of such additional amounts in prior
-Acts may also be used for the necessary costs of administering
-and overseeing such additional amount;
-(3) $10,000,000 shall be available for noncompetitive
-grants to recipients that received a Tribal HUD-Veterans
-Affairs Supportive Housing grant in prior years, to be
-available under the same terms and conditions as funds
-specified under paragraph (5) under the heading ``Public and
-Indian Housing-Tenant-Based Rental Assistance'' in Public Law
-118-42: Provided, That the Secretary may reallocate, as
-determined by the Secretary, amounts returned or recaptured
-from awards under the Tribal HUD-VASH program under prior Acts
-to existing recipients under the Tribal HUD-VASH program;
-(4) $1,000,000 shall be available for the cost of
-guaranteed notes and other obligations, as authorized by title
-VI of NAHASDA: Provided, That such costs, including the cost
-of modifying such notes and other obligations, shall be as
-defined in section 502 of the Congressional Budget Act of 1974
-(2 U.S.C. 661a): Provided further, That amounts made available
-in this and prior Acts for the cost of such guaranteed notes
-and other obligations that are unobligated, including
-recaptures and carryover, may be available to subsidize the
-total principal amount of any notes and other obligations, any
-part of which is to be guaranteed, not to exceed $60,000,000,
-to remain available until September 30, 2027;
-(5) $100,000,000 shall be available for grants to Indian
-tribes for carrying out the Indian community development block
-grant program under title I of the Housing and Community
-Development Act of 1974, notwithstanding section 106(a)(1) of
-such Act, of which, notwithstanding any other provision of law
-(including section 203 of this Act), not more than $10,000,000
-may be used for emergencies that constitute imminent threats to
-health and safety: Provided, That not to exceed 20 percent of
-any grant made with amounts made available in this paragraph
-shall be expended for planning and management development and
-administration; and
-(6) $7,000,000, in addition to amounts otherwise available
-for such purpose, shall be available for providing training and
-technical assistance to Indian tribes, Indian housing
-authorities, and tribally designated housing entities, to
-support the inspection of Indian housing units, for contract
-expertise, and for training and technical assistance related to
-amounts made available under this heading and other headings in
-this Act for the needs of Native American families and Indian
-country: Provided, That of the amounts made available in this
-paragraph, not less than $2,000,000 shall be for a national
-organization as authorized under section 703 of NAHASDA (25
-U.S.C. 4212): Provided further, That amounts made available in
-this paragraph may be used, contracted, or competed as
-determined by the Secretary: Provided further, That
+authorized under title I of NAHASDA: Provided, That the Secretary
+shall obligate such amount for competitive grants to eligible
+recipients authorized under NAHASDA that apply for funds: Provided
+further, That in awarding amounts made available in this paragraph,
+the Secretary shall consider need and administrative capacity, and
+shall give priority to projects that will spur construction and
+rehabilitation of housing: Provided further, That any amounts
+transferred for the necessary costs of administering and overseeing
+the obligation and expenditure of such additional amounts in prior
+Acts may also be used for the necessary costs of administering and
+overseeing such additional amount;
+(3) $10,000,000 shall be available for noncompetitive grants to
+recipients that received a Tribal HUD-Veterans Affairs Supportive
+Housing grant in prior years, to be available under the same terms
+and conditions as funds specified under paragraph (5) under the
+heading ``Public and Indian Housing-Tenant-Based Rental
+Assistance'' in Public Law 118-42: Provided, That the Secretary
+may reallocate, as determined by the Secretary, amounts returned or
+recaptured from awards under the Tribal HUD-VASH program under
+prior Acts to existing recipients under the Tribal HUD-VASH
+program;
+(4) $1,000,000 shall be available for the cost of guaranteed
+notes and other obligations, as authorized by title VI of NAHASDA:
+Provided, That such costs, including the cost of modifying such
+notes and other obligations, shall be as defined in section 502 of
+the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided
+further, That amounts made available in this and prior Acts for the
+cost of such guaranteed notes and other obligations that are
+unobligated, including recaptures and carryover, may be available
+to subsidize the total principal amount of any notes and other
+obligations, any part of which is to be guaranteed, not to exceed
+$60,000,000, to remain available until September 30, 2027;
+(5) $100,000,000 shall be available for grants to Indian tribes
+for carrying out the Indian community development block grant
+program under title I of the Housing and Community Development Act
+of 1974, notwithstanding section 106(a)(1) of such Act, of which,
+notwithstanding any other provision of law (including section 203
+of this Act), not more than $10,000,000 may be used for emergencies
+that constitute imminent threats to health and safety: Provided,
+That not to exceed 20 percent of any grant made with amounts made
+available in this paragraph shall be expended for planning and
+management development and administration; and
+(6) $7,000,000, in addition to amounts otherwise available for
+such purpose, shall be available for providing training and
+technical assistance to Indian tribes, Indian housing authorities,
+and tribally designated housing entities, to support the inspection
+of Indian housing units, for contract expertise, and for training
+and technical assistance related to amounts made available under
+this heading and other headings in this Act for the needs of Native
+American families and Indian country: Provided, That of the
+amounts made available in this paragraph, not less than $2,000,000
+shall be for a national organization as authorized under section
+703 of NAHASDA (25 U.S.C. 4212): Provided further, That amounts
+made available in this paragraph may be used, contracted, or
+competed as determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States Code
-(commonly known as the Federal Grant and Cooperative Agreements
-Act of 1977), the amounts made available in this paragraph may
-be used by the Secretary to enter into cooperative agreements
-with public and private organizations, agencies, institutions,
-and other technical assistance providers to support the
-administration of negotiated rulemaking under section 106 of
-NAHASDA (25 U.S.C. 4116), the administration of the allocation
-formula under section 302 of NAHASDA (25 U.S.C. 4152), and the
-administration of performance tracking and reporting under
-section 407 of NAHASDA (25 U.S.C. 4167).
+(commonly known as the Federal Grant and Cooperative Agreements Act
+of 1977), the amounts made available in this paragraph may be used
+by the Secretary to enter into cooperative agreements with public
+and private organizations, agencies, institutions, and other
+technical assistance providers to support the administration of
+negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
+4116), the administration of the allocation formula under section
+302 of NAHASDA (25 U.S.C. 4152), and the administration of
+performance tracking and reporting under section 407 of NAHASDA (25
+U.S.C. 4167).
indian housing loan guarantee fund program account
@@ -12064,94 +11857,90 @@
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of the
Housing and Community Development Act of 1974, as amended (42
-U.S.C. 5301 et seq.) (in this heading ``the Act''): Provided,
-That not to exceed 20 percent of any grant made with funds made
-available under this paragraph shall be expended for planning
-and management development and administration: Provided
-further, That a metropolitan city, urban county, unit of
-general local government, or insular area that directly or
-indirectly receives funds under this paragraph may not sell,
-trade, or otherwise transfer all or any portion of such funds
-to another such entity in exchange for any other funds,
-credits, or non-Federal considerations, but shall use such
-funds for activities eligible under title I of the Act:
-Provided further, That notwithstanding section 105(e)(1) of the
-Act, no funds made available under this paragraph may be
-provided to a for-profit entity for an economic development
-project under section 105(a)(17) unless such project has been
-evaluated and selected in accordance with guidelines required
-under subsection (e)(2) of section 105;
-(2) $50,000,000 shall be available for the Secretary to
-award grants on a competitive basis to State and local
-governments, metropolitan planning organizations, and
-multijurisdictional entities for additional activities under
-title I of the Act for the identification and removal of
-barriers to affordable housing production and preservation,
-including new housing construction: Provided, That eligible
-uses of such grants include activities to further develop,
-evaluate, and implement housing policy plans, improve housing
-strategies, and facilitate affordable housing production and
-preservation: Provided further, That the Secretary shall
-select applicants that (A) have enacted or implemented (or
+U.S.C. 5301 et seq.) (in this heading ``the Act''): Provided, That
+not to exceed 20 percent of any grant made with funds made
+available under this paragraph shall be expended for planning and
+management development and administration: Provided further, That
+a metropolitan city, urban county, unit of general local
+government, or insular area that directly or indirectly receives
+funds under this paragraph may not sell, trade, or otherwise
+transfer all or any portion of such funds to another such entity in
+exchange for any other funds, credits, or non-Federal
+considerations, but shall use such funds for activities eligible
+under title I of the Act: Provided further, That notwithstanding
+section 105(e)(1) of the Act, no funds made available under this
+paragraph may be provided to a for-profit entity for an economic
+development project under section 105(a)(17) unless such project
+has been evaluated and selected in accordance with guidelines
+required under subsection (e)(2) of section 105;
+(2) $50,000,000 shall be available for the Secretary to award
+grants on a competitive basis to State and local governments,
+metropolitan planning organizations, and multijurisdictional
+entities for additional activities under title I of the Act for the
+identification and removal of barriers to affordable housing
+production and preservation, including new housing construction:
+Provided, That eligible uses of such grants include activities to
+further develop, evaluate, and implement housing policy plans,
+improve housing strategies, and facilitate affordable housing
+production and preservation: Provided further, That the Secretary
+shall select applicants that (A) have enacted or implemented (or
caused another entity to enact or implement) less restrictive
zoning, land use, or permitting laws and regulations, that are
-reasonably expected to preserve or produce new housing units;
-and (B) can demonstrate an acute need for housing affordable to
+reasonably expected to preserve or produce new housing units; and
+(B) can demonstrate an acute need for housing affordable to
households with incomes below 100 percent of the area median
income: Provided further, That grantees shall report to the
Secretary on their activities and housing supply outcomes:
Provided further, That the Secretary shall analyze observable
housing production, preservation, and cost trends in the
-participating jurisdictions or geographic areas: Provided
-further, That the Secretary shall annually report to the House
-and Senate Committees on Appropriations, and make publicly
-available, a summary of the information collected in the
-preceding two provisos: Provided further, That funds allocated
-for such grants shall not adversely affect the amount of any
-formula assistance received by a jurisdiction under paragraph
-(1) of this heading: Provided further, That in administering
-such amounts the Secretary may waive or specify alternative
-requirements for any provision of title I of the Act except for
-requirements related to fair housing, nondiscrimination, labor
-standards, the environment, and requirements that activities
-benefit persons of low- and moderate-income, upon a finding
-that any such waivers or alternative requirements are necessary
-to expedite or facilitate the use of such amounts: Provided
-further, That the Secretary shall issue a notice of funding
-opportunity not later than 120 days after the date of enactment
-of this Act;
-(3) $30,000,000 shall be available for activities
-authorized under section 8071 of the SUPPORT for Patients and
-Communities Act (Public Law 115-271): Provided, That funds
-allocated pursuant to this paragraph shall not adversely affect
-the amount of any formula assistance received by a State under
-paragraph (1) of this heading: Provided further, That the
-Secretary shall allocate the funds for such activities based on
-the notice establishing the funding formula published in 84 FR
-16027 (April 17, 2019) except that the formula shall use age-
-adjusted rates of drug overdose deaths for 2023 based on data
-from the Centers for Disease Control and Prevention; and
+participating jurisdictions or geographic areas: Provided further,
+That the Secretary shall annually report to the House and Senate
+Committees on Appropriations, and make publicly available, a
+summary of the information collected in the preceding two provisos:
+Provided further, That funds allocated for such grants shall not
+adversely affect the amount of any formula assistance received by a
+jurisdiction under paragraph (1) of this heading: Provided
+further, That in administering such amounts the Secretary may waive
+or specify alternative requirements for any provision of title I of
+the Act except for requirements related to fair housing,
+nondiscrimination, labor standards, the environment, and
+requirements that activities benefit persons of low- and moderate-
+income, upon a finding that any such waivers or alternative
+requirements are necessary to expedite or facilitate the use of
+such amounts: Provided further, That the Secretary shall issue a
+notice of funding opportunity not later than 120 days after the
+date of enactment of this Act;
+(3) $30,000,000 shall be available for activities authorized
+under section 8071 of the SUPPORT for Patients and Communities Act
+(Public Law 115-271): Provided, That funds allocated pursuant to
+this paragraph shall not adversely affect the amount of any formula
+assistance received by a State under paragraph (1) of this heading:
+Provided further, That the Secretary shall allocate the funds for
+such activities based on the notice establishing the funding
+formula published in 84 FR 16027 (April 17, 2019) except that the
+formula shall use age-adjusted rates of drug overdose deaths for
+2023 based on data from the Centers for Disease Control and
+Prevention; and
(4) $3,615,244,120 shall be available for grants for the
economic development initiative (EDI) for the purposes, and in
-amounts, specified for Community Project Funding/
-Congressionally Directed Spending in the table entitled
-``Community Project Funding/Congressionally Directed Spending''
-included for this division in the explanatory statement
-described in section 4 (in the matter preceding division A of
-this consolidated Act): Provided, That amounts made available
-under this paragraph for such purposes shall not diminish or
-prejudice any application or geographic region for other
-discretionary grant or loan awards made by the Department of
-Housing and Urban Development: Provided further, That eligible
-expenses of such grants in this and prior Acts may include
-administrative, planning, operations and maintenance, and other
-costs: Provided further, That such grants for the EDI shall be
-available for reimbursement of otherwise eligible expenses
-incurred on or after the date of enactment of this Act and
-prior to the date of grant execution: Provided further, That
-none of the amounts made available under this paragraph for
-grants for the EDI shall be used for reimbursement of expenses
-incurred prior to the date of enactment of this Act:
+amounts, specified for Community Project Funding/Congressionally
+Directed Spending in the table entitled ``Community Project
+Funding/Congressionally Directed Spending'' included for this
+division in the explanatory statement described in section 4 (in
+the matter preceding division A of this consolidated Act):
+Provided, That amounts made available under this paragraph for such
+purposes shall not diminish or prejudice any application or
+geographic region for other discretionary grant or loan awards made
+by the Department of Housing and Urban Development: Provided
+further, That eligible expenses of such grants in this and prior
+Acts may include administrative, planning, operations and
+maintenance, and other costs: Provided further, That such grants
+for the EDI shall be available for reimbursement of otherwise
+eligible expenses incurred on or after the date of enactment of
+this Act and prior to the date of grant execution: Provided
+further, That none of the amounts made available under this
+paragraph for grants for the EDI shall be used for reimbursement of
+expenses incurred prior to the date of enactment of this Act:
Provided further, That for amounts made available under paragraphs
(1) and (3), the Secretary shall notify grantees of their formula
allocation within 60 days of enactment of this Act.
@@ -12213,19 +12002,19 @@
September 30, 2028: Provided, That of the sums appropriated under this
heading--
(1) $12,000,000 shall be available for the self-help
-homeownership opportunity program as authorized under such
-section 11;
-(2) $46,000,000 shall be available for the second, third,
-and fourth capacity building entities specified in section 4(a)
-of the HUD Demonstration Act of 1993 (III Stat 201; 42 U.S.C.
-9816 note), of which not less than $5,000,000 shall be for
-rural capacity building activities; and
+homeownership opportunity program as authorized under such section
+11;
+(2) $46,000,000 shall be available for the second, third, and
+fourth capacity building entities specified in section 4(a) of the
+HUD Demonstration Act of 1993 (III Stat 201; 42 U.S.C. 9816 note),
+of which not less than $5,000,000 shall be for rural capacity
+building activities; and
(3) $7,000,000 shall be available for capacity building by
-national rural housing organizations having experience
-assessing national rural conditions and providing financing,
-training, technical assistance, information, and research to
-local nonprofit organizations, local governments, and Indian
-tribes serving high need rural communities.
+national rural housing organizations having experience assessing
+national rural conditions and providing financing, training,
+technical assistance, information, and research to local nonprofit
+organizations, local governments, and Indian tribes serving high
+need rural communities.
homeless assistance grants
@@ -12233,106 +12022,100 @@
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities
and assistance, $4,417,000,000, to remain available until September 30,
2028: Provided, That of the sums appropriated under this heading--
-(1) $290,000,000 shall be available for the emergency
-solutions grants program authorized under subtitle B of such
-title IV (42 U.S.C. 11371 et seq.): Provided, That the
-Department shall notify grantees of their formula allocation
-from amounts allocated (which may represent initial or final
-amounts allocated) for the emergency solutions grant program
-not later than 60 days after enactment of this Act;
-(2) $4,010,000,000 shall be available for the continuum of
-care program authorized under subtitle C of such title IV (42
-U.S.C. 11381 et seq.) and the rural housing stability
-assistance programs authorized under subtitle D of such title
-IV (42 U.S.C. 11408): Provided, That the Secretary shall
-prioritize funding under the continuum of care program to
-continuums of care that have demonstrated a capacity to
-reallocate funding from lower performing projects to higher
-performing projects: Provided further, That the Secretary
-shall make reasonable adjustments to renewal amounts to enable
-renewal projects to operate at substantially the same levels,
-including cost-of-living adjustments for supportive services
-from the prior grant: Provided further, That in allocating and
-awarding amounts made available under this paragraph, the
-Secretary shall select projects totaling not less than 60
-percent of the annual renewal demand for each collaborative
-applicant based on rankings determined by the local continuum
-of care and consistent with 42 U.S.C. 11381 et seq.: Provided
-further, That the Secretary may establish by notice an
-alternative maximum amount for administrative costs related to
-the requirements described in sections 402(f)(1) and 402(f)(2)
-of subtitle A of such title IV of no more than 5 percent or
-$50,000, whichever is greater, notwithstanding the 3 percent
-limitation in section 423(a)(10) of such subtitle C: Provided
-further, That of the amounts made available for the continuum
-of care program under this paragraph, $52,000,000 shall be for
-grants for new rapid re-housing projects and supportive service
-projects providing coordinated entry, and for eligible
-activities that the Secretary determines to be critical in
-order to assist survivors of domestic violence, dating
-violence, sexual assault, or stalking, except that the
-Secretary may make additional grants for such projects and
-purposes from amounts made available for such continuum of care
-program: Provided further, That amounts made available for the
-continuum of care program under this paragraph and any
-remaining unobligated balances under this heading in prior Acts
-may be used to competitively or non-competitively renew or
-replace grants for youth homelessness demonstration projects
-under the continuum of care program, notwithstanding any
-conflict with the requirements of the continuum of care
-program: Provided further, That any continuum of care, in
-consultation with their youth action board, that determines it
-no longer has an identified need for funds to renew a youth
-homelessness demonstration project shall notify the Secretary,
-and the Secretary shall recapture such assistance from the
-continuum of care and competitively award it to any other
+(1) $290,000,000 shall be available for the emergency solutions
+grants program authorized under subtitle B of such title IV (42
+U.S.C. 11371 et seq.): Provided, That the Department shall notify
+grantees of their formula allocation from amounts allocated (which
+may represent initial or final amounts allocated) for the emergency
+solutions grant program not later than 60 days after enactment of
+this Act;
+(2) $4,010,000,000 shall be available for the continuum of care
+program authorized under subtitle C of such title IV (42 U.S.C.
+11381 et seq.) and the rural housing stability assistance programs
+authorized under subtitle D of such title IV (42 U.S.C. 11408):
+Provided, That the Secretary shall prioritize funding under the
+continuum of care program to continuums of care that have
+demonstrated a capacity to reallocate funding from lower performing
+projects to higher performing projects: Provided further, That the
+Secretary shall make reasonable adjustments to renewal amounts to
+enable renewal projects to operate at substantially the same
+levels, including cost-of-living adjustments for supportive
+services from the prior grant: Provided further, That in
+allocating and awarding amounts made available under this
+paragraph, the Secretary shall select projects totaling not less
+than 60 percent of the annual renewal demand for each collaborative
+applicant based on rankings determined by the local continuum of
+care and consistent with 42 U.S.C. 11381 et seq.: Provided
+further, That the Secretary may establish by notice an alternative
+maximum amount for administrative costs related to the requirements
+described in sections 402(f)(1) and 402(f)(2) of subtitle A of such
+title IV of no more than 5 percent or $50,000, whichever is
+greater, notwithstanding the 3 percent limitation in section
+423(a)(10) of such subtitle C: Provided further, That of the
+amounts made available for the continuum of care program under this
+paragraph, $52,000,000 shall be for grants for new rapid re-housing
+projects and supportive service projects providing coordinated
+entry, and for eligible activities that the Secretary determines to
+be critical in order to assist survivors of domestic violence,
+dating violence, sexual assault, or stalking, except that the
+Secretary may make additional grants for such projects and purposes
+from amounts made available for such continuum of care program:
+Provided further, That amounts made available for the continuum of
+care program under this paragraph and any remaining unobligated
+balances under this heading in prior Acts may be used to
+competitively or non-competitively renew or replace grants for
+youth homelessness demonstration projects under the continuum of
+care program, notwithstanding any conflict with the requirements of
+the continuum of care program: Provided further, That any
+continuum of care, in consultation with their youth action board,
+that determines it no longer has an identified need for funds to
+renew a youth homelessness demonstration project shall notify the
+Secretary, and the Secretary shall recapture such assistance from
+the continuum of care and competitively award it to any other
continuum of care with the amounts provided under this heading
-under paragraph (4): Provided further, That the Secretary
-shall issue the notice of funding opportunity for the amounts
-made available in this paragraph not later than June 1, 2026
-and shall award such amounts not later than December 1, 2026;
-(3) $10,000,000 shall be available for the national
-homeless data analysis project: Provided, That notwithstanding
-the provisions of the Federal Grant and Cooperative Agreements
-Act of 1977 (31 U.S.C. 6301-6308), the amounts made available
-under this paragraph and any remaining unobligated balances
-under this heading for such purposes in prior Acts may be used
-by the Secretary to enter into cooperative agreements with such
-entities as may be determined by the Secretary, including
-public and private organizations, agencies, and institutions;
-and
-(4) $107,000,000 shall be available to implement projects
-to demonstrate how a comprehensive approach to serving homeless
-youth, age 24 and under, in up to 25 communities with a
-priority for communities with substantial rural populations in
-up to eight locations, can dramatically reduce youth
-homelessness: Provided, That of the amount made available
-under this paragraph, up to $25,000,000 may be for youth
-homelessness system improvement grants to support communities,
-including but not limited to the communities assisted under the
-matter preceding this proviso, in establishing and implementing
-an evidence-based response system for youth homelessness, or
-for improving their existing system, including through the
-establishment of local youth advisory boards, collaboration
-with youth with lived experience of homelessness in project
-design and implementation, improving data collection,
-management, utilization and evaluation, cross-system
-partnerships with juvenile justice, child welfare, and
-education systems: Provided further, That of the amount made
-available under this paragraph, up to $10,000,000 shall be to
-provide technical assistance to communities, including but not
-limited to the communities assisted in the preceding proviso
-and the matter preceding such proviso, on improving system
-responses to youth homelessness, and collection, analysis, use,
-and reporting of data and performance measures under the
-comprehensive approaches to serve homeless youth, in addition
-to and in coordination with other technical assistance funds
-provided under this title: Provided further, That the
-Secretary may use up to 10 percent of the amount made available
-under the preceding proviso to build the capacity of current
-technical assistance providers or to train new technical
-assistance providers with verifiable prior experience with
-systems and programs for youth experiencing homelessness:
+under paragraph (4): Provided further, That the Secretary shall
+issue the notice of funding opportunity for the amounts made
+available in this paragraph not later than June 1, 2026 and shall
+award such amounts not later than December 1, 2026;
+(3) $10,000,000 shall be available for the national homeless
+data analysis project: Provided, That notwithstanding the
+provisions of the Federal Grant and Cooperative Agreements Act of
+1977 (31 U.S.C. 6301-6308), the amounts made available under this
+paragraph and any remaining unobligated balances under this heading
+for such purposes in prior Acts may be used by the Secretary to
+enter into cooperative agreements with such entities as may be
+determined by the Secretary, including public and private
+organizations, agencies, and institutions; and
+(4) $107,000,000 shall be available to implement projects to
+demonstrate how a comprehensive approach to serving homeless youth,
+age 24 and under, in up to 25 communities with a priority for
+communities with substantial rural populations in up to eight
+locations, can dramatically reduce youth homelessness: Provided,
+That of the amount made available under this paragraph, up to
+$25,000,000 may be for youth homelessness system improvement grants
+to support communities, including but not limited to the
+communities assisted under the matter preceding this proviso, in
+establishing and implementing an evidence-based response system for
+youth homelessness, or for improving their existing system,
+including through the establishment of local youth advisory boards,
+collaboration with youth with lived experience of homelessness in
+project design and implementation, improving data collection,
+management, utilization and evaluation, cross-system partnerships
+with juvenile justice, child welfare, and education systems:
+Provided further, That of the amount made available under this
+paragraph, up to $10,000,000 shall be to provide technical
+assistance to communities, including but not limited to the
+communities assisted in the preceding proviso and the matter
+preceding such proviso, on improving system responses to youth
+homelessness, and collection, analysis, use, and reporting of data
+and performance measures under the comprehensive approaches to
+serve homeless youth, in addition to and in coordination with other
+technical assistance funds provided under this title: Provided
+further, That the Secretary may use up to 10 percent of the amount
+made available under the preceding proviso to build the capacity of
+current technical assistance providers or to train new technical
+assistance providers with verifiable prior experience with systems
+and programs for youth experiencing homelessness:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or
@@ -12684,28 +12467,26 @@
(1) $26,355,000 shall be for the fair housing assistance
program under such title VIII;
(2) $56,000,000 shall be for the fair housing initiatives
-program under such section 561, of which, not less than
-$10,400,000 shall be available for education and outreach
-programs, not less than $3,700,000 shall be available for fair
-housing organization initiatives, and not less than $40,500,000
-shall be available for the private enforcement initiative,
-except that if any program or initiative is undersubscribed any
-remaining amounts may be awarded to qualified applicants of
-other programs or initiatives under this paragraph: Provided,
-That the Secretary shall issue each notice of funding
-opportunity for the fair housing initiatives program not later
-than 150 days after the date of enactment of this Act;
-(3) $1,000,000 may be for the Secretary for the creation
-and promotion of translated materials and other programs that
-support the assistance of persons with limited English
-proficiency in utilizing the services provided by the
-Department of Housing and Urban Development; and
-(4) $3,000,000 shall be for the national fair housing
-training academy: Provided, That notwithstanding section 3302
-of title 31, United States Code, the Secretary may also assess
-and collect fees to cover the costs of such academy, and may
-use such funds to develop online courses and provide such
-training:
+program under such section 561, of which, not less than $10,400,000
+shall be available for education and outreach programs, not less
+than $3,700,000 shall be available for fair housing organization
+initiatives, and not less than $40,500,000 shall be available for
+the private enforcement initiative, except that if any program or
+initiative is undersubscribed any remaining amounts may be awarded
+to qualified applicants of other programs or initiatives under this
+paragraph: Provided, That the Secretary shall issue each notice of
+funding opportunity for the fair housing initiatives program not
+later than 150 days after the date of enactment of this Act;
+(3) $1,000,000 may be for the Secretary for the creation and
+promotion of translated materials and other programs that support
+the assistance of persons with limited English proficiency in
+utilizing the services provided by the Department of Housing and
+Urban Development; and
+(4) $3,000,000 shall be for the national fair housing training
+academy: Provided, That notwithstanding section 3302 of title 31,
+United States Code, the Secretary may also assess and collect fees
+to cover the costs of such academy, and may use such funds to
+develop online courses and provide such training:
Provided further, That none of the funds made available under this
heading may be used to lobby the executive or legislative branches of
the Federal Government in connection with a specific contract, grant,
@@ -12725,46 +12506,43 @@
$295,600,000, to remain available until September 30, 2028: Provided,
That the amounts made available under this heading are provided as
follows:
-(1) $155,600,000 shall be for the award of grants pursuant
-to such section 1011, of which not less than $105,000,000 shall
-be provided to areas with the highest lead-based paint
-abatement need;
+(1) $155,600,000 shall be for the award of grants pursuant to
+such section 1011, of which not less than $105,000,000 shall be
+provided to areas with the highest lead-based paint abatement need;
(2) $140,000,000 shall be for the healthy homes initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
-outreach concerning lead-based paint poisoning and other
-housing-related diseases and hazards, and mitigating housing-
-related health and safety hazards in housing of low-income
-families: Provided, That up to $10,000,000 of amounts made
-available under this paragraph shall be for a one-time national
-pilot program to facilitate new financing mechanisms to address
-lead and other residential environmental stressors in low-
-income communities: Provided further, That the Secretary shall
-issue the notice of funding of opportunity for the pilot
-program established in the preceding proviso within 120 days of
-enactment of this Act: Provided further, That $30,000,000 of
-amounts made available under this paragraph shall be for grants
-to experienced non-profit organizations, States, local
-governments, or public housing agencies for safety and
-functional home modification repairs and renovations to meet
-the needs of low-income seniors to enable them to remain in
-their primary residence, of which no less than $10,000,000
-shall be available to meet such needs in communities with
-substantial rural populations: Provided further, That for
-funds made available for such grants in the preceding proviso
-or under this heading or the heading ``Housing for the
-Elderly'' in prior Acts, all eligible activities, except those
-that would alter the existing footprint of a structure or
-improvement in a floodplain or a wetland, are exempt from
-environmental review and not subject to the Federal laws and
-authorities cited in section 58.5 of title 24, Code of Federal
-Regulations; and
+outreach concerning lead-based paint poisoning and other housing-
+related diseases and hazards, and mitigating housing-related health
+and safety hazards in housing of low-income families: Provided,
+That up to $10,000,000 of amounts made available under this
+paragraph shall be for a one-time national pilot program to
+facilitate new financing mechanisms to address lead and other
+residential environmental stressors in low-income communities:
+Provided further, That the Secretary shall issue the notice of
+funding of opportunity for the pilot program established in the
+preceding proviso within 120 days of enactment of this Act:
+Provided further, That $30,000,000 of amounts made available under
+this paragraph shall be for grants to experienced non-profit
+organizations, States, local governments, or public housing
+agencies for safety and functional home modification repairs and
+renovations to meet the needs of low-income seniors to enable them
+to remain in their primary residence, of which no less than
+$10,000,000 shall be available to meet such needs in communities
+with substantial rural populations: Provided further, That for
+funds made available for such grants in the preceding proviso or
+under this heading or the heading ``Housing for the Elderly'' in
+prior Acts, all eligible activities, except those that would alter
+the existing footprint of a structure or improvement in a
+floodplain or a wetland, are exempt from environmental review and
+not subject to the Federal laws and authorities cited in section
+58.5 of title 24, Code of Federal Regulations; and
(3) up to $2,000,000 in total of the amounts made available
-under paragraph (2) may be transferred to the heading
-``Research and Technology'' for the purposes of conducting
-research and studies and for use in accordance with the
-provisos under that heading for non-competitive agreements:
+under paragraph (2) may be transferred to the heading ``Research
+and Technology'' for the purposes of conducting research and
+studies and for use in accordance with the provisos under that
+heading for non-competitive agreements:
Provided further, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such
@@ -12885,129 +12663,119 @@
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
-(A) For occupied units in the transferring project:
-The number of low-income and very low-income units and
-the configuration (i.e., bedroom size) provided by the
-transferring project shall be no less than when
-transferred to the receiving project or projects and
-the net dollar amount of Federal assistance provided to
-the transferring project shall remain the same in the
-receiving project or projects. The Secretary, upon
-determination of good cause, including a determination
-that there will be no loss of assistance to currently
-assisted households, may authorize a different number
-of such units or a change in such configuration, or
-both, at the receiving project or projects in the event
-there is a transfer of use restrictions without an
-associated transfer of project-based assistance to the
-receiving project. The Secretary shall publish a notice
-in the Federal Register for public comment containing
-the criteria for determinations of good cause no less
-than 60 days before the effective date of such notice.
-(B) For unoccupied units in the transferring
-project: The Secretary may authorize a reduction in the
-number of dwelling units in the receiving project or
-projects to allow for a reconfiguration of bedroom
-sizes to meet current market demands, as determined by
-the Secretary and provided there is no increase in the
-project-based assistance budget authority.
+(A) For occupied units in the transferring project: The
+number of low-income and very low-income units and the
+configuration (i.e., bedroom size) provided by the transferring
+project shall be no less than when transferred to the receiving
+project or projects and the net dollar amount of Federal
+assistance provided to the transferring project shall remain
+the same in the receiving project or projects. The Secretary,
+upon determination of good cause, including a determination
+that there will be no loss of assistance to currently assisted
+households, may authorize a different number of such units or a
+change in such configuration, or both, at the receiving project
+or projects in the event there is a transfer of use
+restrictions without an associated transfer of project-based
+assistance to the receiving project. The Secretary shall
+publish a notice in the Federal Register for public comment
+containing the criteria for determinations of good cause no
+less than 60 days before the effective date of such notice.
+(B) For unoccupied units in the transferring project: The
+Secretary may authorize a reduction in the number of dwelling
+units in the receiving project or projects to allow for a
+reconfiguration of bedroom sizes to meet current market
+demands, as determined by the Secretary and provided there is
+no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
-Secretary, be either physically obsolete or economically
-nonviable, or be reasonably expected to become economically
-nonviable when complying with State or Federal requirements for
-community integration and reduced concentration of individuals
-with disabilities.
+Secretary, be either physically obsolete or economically nonviable,
+or be reasonably expected to become economically nonviable when
+complying with State or Federal requirements for community
+integration and reduced concentration of individuals with
+disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
-(4) The owner or mortgagor of the transferring project
-shall notify and consult with the tenants residing in the
-transferring project and provide a certification of approval by
-all appropriate local governmental officials.
-(5) The tenants of the transferring project who remain
-eligible for assistance to be provided by the receiving project
-or projects shall not be required to vacate their units in the
-transferring project or projects until new units in the
-receiving project are available for occupancy.
-(6) The Secretary determines that this transfer is in the
-best interest of the tenants.
-(7) If either the transferring project or the receiving
-project or projects meets the condition specified in subsection
-(d)(2)(A), any lien on the receiving project resulting from
-additional financing obtained by the owner shall be subordinate
-to any FHA-insured mortgage lien transferred to, or placed on,
-such project by the Secretary, except that the Secretary may
-waive this requirement upon determination that such a waiver is
-necessary to facilitate the financing of acquisition,
-construction, and/or rehabilitation of the receiving project or
-projects.
+(4) The owner or mortgagor of the transferring project shall
+notify and consult with the tenants residing in the transferring
+project and provide a certification of approval by all appropriate
+local governmental officials.
+(5) The tenants of the transferring project who remain eligible
+for assistance to be provided by the receiving project or projects
+shall not be required to vacate their units in the transferring
+project or projects until new units in the receiving project are
+available for occupancy.
+(6) The Secretary determines that this transfer is in the best
+interest of the tenants.
+(7) If either the transferring project or the receiving project
+or projects meets the condition specified in subsection (d)(2)(A),
+any lien on the receiving project resulting from additional
+financing obtained by the owner shall be subordinate to any FHA-
+insured mortgage lien transferred to, or placed on, such project by
+the Secretary, except that the Secretary may waive this requirement
+upon determination that such a waiver is necessary to facilitate
+the financing of acquisition, construction, and/or rehabilitation
+of the receiving project or projects.
(8) If the transferring project meets the requirements of
-subsection (d)(2), the owner or mortgagor of the receiving
-project or projects shall execute and record either a
-continuation of the existing use agreement or a new use
-agreement for the project where, in either case, any use
-restrictions in such agreement are of no lesser duration than
-the existing use restrictions.
+subsection (d)(2), the owner or mortgagor of the receiving project
+or projects shall execute and record either a continuation of the
+existing use agreement or a new use agreement for the project
+where, in either case, any use restrictions in such agreement are
+of no lesser duration than the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
-appropriations are provided in advance for the amount of any
-such increased cost.
+appropriations are provided in advance for the amount of any such
+increased cost.
(d) For purposes of this section--
-(1) the terms ``low-income'' and ``very low-income'' shall
-have the meanings provided by the statute and/or regulations
-governing the program under which the project is insured or
-assisted;
-(2) the term ``multifamily housing project'' means housing
-that meets one of the following conditions--
-(A) housing that is subject to a mortgage insured
-under the National Housing Act;
-(B) housing that has project-based assistance
-attached to the structure including projects undergoing
-mark to market debt restructuring under the Multifamily
-Assisted Housing Reform and Affordability Housing Act;
-(C) housing that is assisted under section 202 of
-the Housing Act of 1959 (12 U.S.C. 1701q);
-(D) housing that is assisted under section 202 of
-the Housing Act of 1959 (12 U.S.C. 1701q), as such
-section existed before the enactment of the Cranston-
-Gonzales National Affordable Housing Act;
-(E) housing that is assisted under section 811 of
-the Cranston-Gonzales National Affordable Housing Act
-(42 U.S.C. 8013); or
+(1) the terms ``low-income'' and ``very low-income'' shall have
+the meanings provided by the statute and/or regulations governing
+the program under which the project is insured or assisted;
+(2) the term ``multifamily housing project'' means housing that
+meets one of the following conditions--
+(A) housing that is subject to a mortgage insured under the
+National Housing Act;
+(B) housing that has project-based assistance attached to
+the structure including projects undergoing mark to market debt
+restructuring under the Multifamily Assisted Housing Reform and
+Affordability Housing Act;
+(C) housing that is assisted under section 202 of the
+Housing Act of 1959 (12 U.S.C. 1701q);
+(D) housing that is assisted under section 202 of the
+Housing Act of 1959 (12 U.S.C. 1701q), as such section existed
+before the enactment of the Cranston-Gonzales National
+Affordable Housing Act;
+(E) housing that is assisted under section 811 of the
+Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
+8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
-(A) assistance provided under section 8(b) of the
-United States Housing Act of 1937 (42 U.S.C. 1437f(b));
-(B) assistance for housing constructed or
-substantially rehabilitated pursuant to assistance
-provided under section 8(b)(2) of such Act (as such
-section existed immediately before October 1, 1983);
-(C) rent supplement payments under section 101 of
-the Housing and Urban Development Act of 1965 (12
-U.S.C. 1701s);
-(D) interest reduction payments under section 236
-and/or additional assistance payments under section
-236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
-1);
-(E) assistance payments made under section
-202(c)(2) of the Housing Act of 1959 (12 U.S.C.
-1701q(c)(2)); and
-(F) assistance payments made under section
-811(d)(2) of the Cranston-Gonzalez National Affordable
-Housing Act (42 U.S.C. 8013(d)(2));
+(A) assistance provided under section 8(b) of the United
+States Housing Act of 1937 (42 U.S.C. 1437f(b));
+(B) assistance for housing constructed or substantially
+rehabilitated pursuant to assistance provided under section
+8(b)(2) of such Act (as such section existed immediately before
+October 1, 1983);
+(C) rent supplement payments under section 101 of the
+Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
+(D) interest reduction payments under section 236 and/or
+additional assistance payments under section 236(f)(2) of the
+National Housing Act (12 U.S.C. 1715z-1);
+(E) assistance payments made under section 202(c)(2) of the
+Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
+(F) assistance payments made under section 811(d)(2) of the
+Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
+8013(d)(2));
(4) the term ``receiving project or projects'' means the
-multifamily housing project or projects to which some or all of
-the project-based assistance, debt, and statutorily required
-low-income and very low-income use restrictions are to be
-transferred;
+multifamily housing project or projects to which some or all of the
+project-based assistance, debt, and statutorily required low-income
+and very low-income use restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
-housing project which is transferring some or all of the
-project-based assistance, debt, and the statutorily required
-low-income and very low-income use restrictions to the
-receiving project or projects; and
-(6) the term ``Secretary'' means the Secretary of Housing
-and Urban Development.
+housing project which is transferring some or all of the project-
+based assistance, debt, and the statutorily required low-income and
+very low-income use restrictions to the receiving project or
+projects; and
+(6) the term ``Secretary'' means the Secretary of Housing and
+Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
@@ -13017,22 +12785,22 @@
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
-education (as defined under section 102 of the Higher Education
-Act of 1965 (20 U.S.C. 1002));
+education (as defined under section 102 of the Higher Education Act
+of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
-(6) is not a person with disabilities, as such term is
-defined in section 3(b)(3)(E) of the United States Housing Act
-of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
-assistance under such section 8 as of November 30, 2005;
-(7) is not a youth who left foster care at age 14 or older
-and is at risk of becoming homeless; and
-(8) is not otherwise individually eligible, or has parents
-who, individually or jointly, are not eligible, to receive
-assistance under section 8 of the United States Housing Act of
-1937 (42 U.S.C. 1437f).
+(6) is not a person with disabilities, as such term is defined
+in section 3(b)(3)(E) of the United States Housing Act of 1937 (42
+U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such
+section 8 as of November 30, 2005;
+(7) is not a youth who left foster care at age 14 or older and
+is at risk of becoming homeless; and
+(8) is not otherwise individually eligible, or has parents who,
+individually or jointly, are not eligible, to receive assistance
+under section 8 of the United States Housing Act of 1937 (42 U.S.C.
+1437f).
Sec. 210. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
@@ -13128,10 +12896,10 @@
similar project-based assistance--
(1) receives a failing score under the Uniform Physical
Condition Standards (UPCS) or successor standard; or
-(2) fails to certify in writing to the Secretary within 3
-days that all Exigent Health and Safety deficiencies, or those
-deficiencies requiring correction within 24 hours, identified
-by the inspector at the project have been corrected.
+(2) fails to certify in writing to the Secretary within 3 days
+that all Exigent Health and Safety deficiencies, or those
+deficiencies requiring correction within 24 hours, identified by
+the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to
@@ -13150,35 +12918,35 @@
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
-(A) require immediate replacement of project management
-with a management agent approved by the Secretary;
-(B) impose civil money penalties, which shall be used
-solely for the purpose of supporting safe and sanitary
-conditions at applicable properties, as designated by the
-Secretary, with priority given to the tenants of the property
-affected by the penalty;
-(C) abate the section 8 contract, including partial
-abatement, as determined by the Secretary, until all
-deficiencies have been corrected;
-(D) pursue transfer of the project to an owner, approved by
-the Secretary under established procedures, who will be
-obligated to promptly make all required repairs and to accept
-renewal of the assistance contract if such renewal is offered;
-(E) transfer the existing section 8 contract to another
-project or projects and owner or owners;
+(A) require immediate replacement of project management with a
+management agent approved by the Secretary;
+(B) impose civil money penalties, which shall be used solely
+for the purpose of supporting safe and sanitary conditions at
+applicable properties, as designated by the Secretary, with
+priority given to the tenants of the property affected by the
+penalty;
+(C) abate the section 8 contract, including partial abatement,
+as determined by the Secretary, until all deficiencies have been
+corrected;
+(D) pursue transfer of the project to an owner, approved by the
+Secretary under established procedures, who will be obligated to
+promptly make all required repairs and to accept renewal of the
+assistance contract if such renewal is offered;
+(E) transfer the existing section 8 contract to another project
+or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
-property and cure all project deficiencies or seek a judicial
-order of specific performance requiring the owner to cure all
-project deficiencies;
+property and cure all project deficiencies or seek a judicial order
+of specific performance requiring the owner to cure all project
+deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
-capital provided by a third-party that requires time to
-effectuate; or
-(I) take any other regulatory or contractual remedies
-available as deemed necessary and appropriate by the Secretary.
+capital provided by a third-party that requires time to effectuate;
+or
+(I) take any other regulatory or contractual remedies available
+as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
@@ -13187,31 +12955,29 @@
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
-(1) the costs of rehabilitating and operating the property
-and all available Federal, State, and local resources,
-including rent adjustments under section 524 of the Multifamily
-Assisted Housing Reform and Affordability Act of 1997
-(``MAHRAA''); and
-(2) environmental conditions that cannot be remedied in a
-cost-effective fashion, the Secretary may contract for project-
-based rental assistance payments with an owner or owners of
-other existing housing properties, or provide other rental
-assistance.
+(1) the costs of rehabilitating and operating the property and
+all available Federal, State, and local resources, including rent
+adjustments under section 524 of the Multifamily Assisted Housing
+Reform and Affordability Act of 1997 (``MAHRAA''); and
+(2) environmental conditions that cannot be remedied in a cost-
+effective fashion, the Secretary may contract for project-based
+rental assistance payments with an owner or owners of other
+existing housing properties, or provide other rental assistance.
(e) The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have failing physical inspection scores or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
-(1) identification of the enforcement actions being taken
-to address such conditions, including imposition of civil money
+(1) identification of the enforcement actions being taken to
+address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
-(2) identification of actions that the Department of
-Housing and Urban Development is taking to protect tenants of
-such identified properties; and
+(2) identification of actions that the Department of Housing
+and Urban Development is taking to protect tenants of such
+identified properties; and
(3) any administrative or legislative recommendations to
-further improve the living conditions at properties covered
-under a housing assistance payment contract.
+further improve the living conditions at properties covered under a
+housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the enactment
of this Act, and the second report shall be submitted within 180 days
@@ -13416,14 +13182,13 @@
requirements, other than requirements related to tenant rights and
protections, rent setting, fair housing, nondiscrimination, labor
standards, and the environment, for--
-(1) section 8(o)(6)(A) of the United States Housing Act of
-1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions
-related to the administration of waiting lists, local
-preferences, and the initial term and extensions of tenant-
-based vouchers; and
-(2) section 8(x)(2) of the United States Housing Act of
-1937 (42 U.S.C. 1437f(x)(2)) regarding the timing of referral
-of youth leaving foster care.
+(1) section 8(o)(6)(A) of the United States Housing Act of 1937
+(42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions related to the
+administration of waiting lists, local preferences, and the initial
+term and extensions of tenant-based vouchers; and
+(2) section 8(x)(2) of the United States Housing Act of 1937
+(42 U.S.C. 1437f(x)(2)) regarding the timing of referral of youth
+leaving foster care.
Sec. 237. The Secretary shall fulfill their responsibilities to
enforce the Fair Housing Act (42 U.S.C. 3601 et seq.): Provided, That
none of the funds made available by this Act may be used by the
@@ -13448,8 +13213,8 @@
(1) 200 or fewer assisted units;
(2) a Flex Sub loan with an unpaid principal balance of
$2,000,000 or less;
-(3) a score of 80 or higher on the most recent REAC
-inspection; and
+(3) a score of 80 or higher on the most recent REAC inspection;
+and
(4) a most recent management and occupancy review score of
``above average'' or ``superior.''
(c) The Secretary may set such terms and conditions as the
@@ -13686,19 +13451,17 @@
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
-(1) does not meet identified needs for knowledge, skills,
-and abilities bearing directly upon the performance of official
-duties;
-(2) contains elements likely to induce high levels of
-emotional response or psychological stress in some
-participants;
-(3) does not require prior employee notification of the
-content and methods to be used in the training and written end
-of course evaluation;
-(4) contains any methods or content associated with
-religious or quasi-religious belief systems or ``new age''
-belief systems as defined in Equal Employment Opportunity
-Commission Notice N-915.022, dated September 2, 1988; or
+(1) does not meet identified needs for knowledge, skills, and
+abilities bearing directly upon the performance of official duties;
+(2) contains elements likely to induce high levels of emotional
+response or psychological stress in some participants;
+(3) does not require prior employee notification of the content
+and methods to be used in the training and written end of course
+evaluation;
+(4) contains any methods or content associated with religious
+or quasi-religious belief systems or ``new age'' belief systems as
+defined in Equal Employment Opportunity Commission Notice N-
+915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
@@ -13715,49 +13478,47 @@
expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
-(3) increases funds or personnel for any program, project,
-or activity for which funds have been denied or restricted by
-the Congress;
-(4) proposes to use funds directed for a specific activity
-by either the House or Senate Committees on Appropriations for
-a different purpose;
+(3) increases funds or personnel for any program, project, or
+activity for which funds have been denied or restricted by the
+Congress;
+(4) proposes to use funds directed for a specific activity by
+either the House or Senate Committees on Appropriations for a
+different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
-(7) creates, reorganizes, or restructures a branch,
-division, office, bureau, board, commission, agency,
-administration, or department different from the budget
-justifications submitted to the House and Senate Committees on
-Appropriations, the explanatory statement described in section
-4 (in the matter preceding division A of this consolidated
-Act), or the relevant operating plan properly submitted by each
-agency, whichever is more detailed.
+(7) creates, reorganizes, or restructures a branch, division,
+office, bureau, board, commission, agency, administration, or
+department different from the budget justifications submitted to
+the House and Senate Committees on Appropriations, the explanatory
+statement described in section 4 (in the matter preceding division
+A of this consolidated Act), or the relevant operating plan
+properly submitted by each agency, whichever is more detailed.
(b) Not later than 60 days after the date of enactment of this Act,
each agency funded by this Act shall submit an operating plan to the
House and Senate Committees on Appropriations to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided, That the operating plan shall include--
-(1) a table for each appropriation with a separate column
-to display the prior year enacted level, the President's budget
-request, adjustments made by Congress, adjustments due to
-enacted rescissions, if appropriate, and the fiscal year
-enacted level;
-(2) a delineation in the table for (A) each appropriation
-and its respective prior year enacted level by object class and
+(1) a table for each appropriation with a separate column to
+display the prior year enacted level, the President's budget
+request, adjustments made by Congress, adjustments due to enacted
+rescissions, if appropriate, and the fiscal year enacted level;
+(2) a delineation in the table for (A) each appropriation and
+its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
explanatory statement described in section 4 (in the matter
-preceding division A of this consolidated Act), or in the
-budget appendix for the respective appropriations, whichever is
-more detailed, (B) each item for which a dollar amount is
-specified and for all programs for which new budget
-(obligational) authority is provided, and (C) each
-discretionary grant and discretionary grant allocation;
-(3) an organizational chart that includes current and
-estimated staffing numbers, by office, at the customary level
-of detail unless otherwise directed by this Act or the
-explanatory statement described in section 4 (in the matter
-preceding division A of this consolidated Act); and
+preceding division A of this consolidated Act), or in the budget
+appendix for the respective appropriations, whichever is more
+detailed, (B) each item for which a dollar amount is specified and
+for all programs for which new budget (obligational) authority is
+provided, and (C) each discretionary grant and discretionary grant
+allocation;
+(3) an organizational chart that includes current and estimated
+staffing numbers, by office, at the customary level of detail
+unless otherwise directed by this Act or the explanatory statement
+described in section 4 (in the matter preceding division A of this
+consolidated Act); and
(4) an identification of items of special congressional
interest.
(c) Each agency may reprogram amounts in excess of or contrary to
@@ -13765,8 +13526,8 @@
(1) providing written notification to the House and Senate
Committees on Appropriations no less than 30 days in advance of
such reprogramming of funds; and
-(2) receiving prior written approval from the House and
-Senate Committees on Appropriations.
+(2) receiving prior written approval from the House and Senate
+Committees on Appropriations.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2026 from appropriations made available for salaries
@@ -13918,146 +13679,135 @@
Development, and Related Agencies Appropriations Act, 2022 (division L
of Public Law 117-103)--
(1) the item relating to ``Kansas Rail Safety Improvement
-Project'' is deemed to be amended by striking recipient
-``Pittsburg Port Authority (KS)'' and inserting ``Kansas
-Department of Transportation'';
-(2) the item relating to ``The Barkers Creek Industrial
-Park Power Expansion'' is deemed to be amended by striking
-``The Barkers Creek Industrial Park Power Expansion'' and
-inserting ``Barkers Creek Industrial Park Access Bridge, Phase
-II'';
+Project'' is deemed to be amended by striking recipient ``Pittsburg
+Port Authority (KS)'' and inserting ``Kansas Department of
+Transportation'';
+(2) the item relating to ``The Barkers Creek Industrial Park
+Power Expansion'' is deemed to be amended by striking ``The Barkers
+Creek Industrial Park Power Expansion'' and inserting ``Barkers
+Creek Industrial Park Access Bridge, Phase II'';
(3) the item relating to ``Acquisition of new commercial
-space'' is deemed to be amended by striking project
-``Acquisition of new commercial space'' and inserting
-``Renovation of commercial space'';
-(4) the item relating to ``Electric school bus and
-associated electric vehicle (EV) charging infrastructure'' is
-deemed to be amended by striking recipient ``Falls Church City
-Public Schools'' and inserting ``City of Falls Church'';
-(5) the item relating to ``North Commons Regional Vision''
-is deemed to be amended by striking recipient ``Minneapolis
-Park and Recreation Board'' and inserting ``City of
-Minneapolis'';
-(6) the item relating to ``Orangewood Parkette'' is deemed
-to be amended by striking project ``Orangewood Parkette'' and
+space'' is deemed to be amended by striking project ``Acquisition
+of new commercial space'' and inserting ``Renovation of commercial
+space'';
+(4) the item relating to ``Electric school bus and associated
+electric vehicle (EV) charging infrastructure'' is deemed to be
+amended by striking recipient ``Falls Church City Public Schools''
+and inserting ``City of Falls Church'';
+(5) the item relating to ``North Commons Regional Vision'' is
+deemed to be amended by striking recipient ``Minneapolis Park and
+Recreation Board'' and inserting ``City of Minneapolis'';
+(6) the item relating to ``Orangewood Parkette'' is deemed to
+be amended by striking project ``Orangewood Parkette'' and
inserting ``Orangewood Complete Streets'';
-(7) the item relating to ``Replacing Five Elevators in a
-Public Housing Development'' is deemed to be amended by
-striking project ``Replacing Five Elevators in a Public Housing
-Development'' and inserting ``Replacing Elevators in a Public
-Housing Development'';
+(7) the item relating to ``Replacing Five Elevators in a Public
+Housing Development'' is deemed to be amended by striking project
+``Replacing Five Elevators in a Public Housing Development'' and
+inserting ``Replacing Elevators in a Public Housing Development'';
(8) the item relating to ``Long Branch Stream Valley Park
-Pedestrian Bridge Replacements and ADA Improvements'' is deemed
-to be amended by striking recipient ``Montgomery County
-Government'' and inserting ``Maryland National Capital Park and
-Planning Commission'';
-(9) the item relating to ``Washington Gorge Action
-Programs--Goldendale Childcare and Early Learning Center'' is
-deemed to be amended by striking ``Goldendale'';
+Pedestrian Bridge Replacements and ADA Improvements'' is deemed to
+be amended by striking recipient ``Montgomery County Government''
+and inserting ``Maryland National Capital Park and Planning
+Commission'';
+(9) the item relating to ``Washington Gorge Action Programs--
+Goldendale Childcare and Early Learning Center'' is deemed to be
+amended by striking ``Goldendale'';
(10) the item relating to ``Habitat for Humanity's Veterans
Blitz Build'' is deemed to be amended by striking recipient
-``Habitat for Humanity San Bernardino Area, Inc.'' and
-inserting ``Neighborhood Partnership Housing Services, Inc.
-(NPHS)'';
+``Habitat for Humanity San Bernardino Area, Inc.'' and inserting
+``Neighborhood Partnership Housing Services, Inc. (NPHS)'';
(11) the item relating to ``Allen University Restoration of
-Historic Waverly-Good Samaritan Hospital'' is deemed to be
-amended by striking ``Allen University Restoration of Historic
-Waverly-Good Samaritan Hospital'' and inserting ``Facility
-Upgrades'';
+Historic Waverly-Good Samaritan Hospital'' is deemed to be amended
+by striking ``Allen University Restoration of Historic Waverly-Good
+Samaritan Hospital'' and inserting ``Facility Upgrades'';
(12) the item relating to ``The MEWS at Spencer Road,
Affordable Housing and Mixed Use Development'' is deemed to be
amended by striking ``The MEWS at Spencer Road,''; and
(13) The item relating to ``ARISE housing for young adults
transitioning out of foster care'' is deemed to be amended by
striking ``ARISE housing for young adults transitioning out of
-foster care'' and inserting ``Construction of Housing in the
-City of Greenville.''
+foster care'' and inserting ``Construction of Housing in the City
+of Greenville.''
(b) In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division L of the Consolidated Appropriations Act, 2023 (Public Law
117-328) described in section 4 in the matter preceding division A of
such Act--
(1) the item relating to ``Lower Shore Clinic Co-Occurring
-Disorder Treatment Facility Housing'' is deemed to be amended
-by:
-(A) striking ``Lower Shore Clinic Co-Occurring
-Disorder Treatment Facility Housing'' and inserting
-``HealthPort Co-Occurring Disorder Treatment
-Facility''; and
-(B) striking recipient ``Lower Shore Clinic Inc.''
-and inserting ``HealthPort, Inc.'';
+Disorder Treatment Facility Housing'' is deemed to be amended by:
+(A) striking ``Lower Shore Clinic Co-Occurring Disorder
+Treatment Facility Housing'' and inserting ``HealthPort Co-
+Occurring Disorder Treatment Facility''; and
+(B) striking recipient ``Lower Shore Clinic Inc.'' and
+inserting ``HealthPort, Inc.'';
(2) the item relating to ``Metra Zero Emission Locomotive
Commuter Rail Pilot'' is deemed to be amended by striking
``Locomotive'';
(3) the item relating to ``Acquisition of Property for the
-Revitalization of Cliftondale Square Business District'' is
-deemed to be amended by striking ``Acquisition of Property for
-the'';
+Revitalization of Cliftondale Square Business District'' is deemed
+to be amended by striking ``Acquisition of Property for the'';
(4) the item relating to ``Supportive Living, Community Day
-Services, and Housing Site Project for Adults with Intellectual
-and Developmental Disabilities'' is deemed to be amended by
-striking project ``Supportive Living, Community Day Services,
-and Housing Site Project for Adults with Intellectual and
-Developmental Disabilities'' and inserting ``Community Day
-Services and Housing Expansion for Adults with Intellectual and
-Developmental Disabilities'';
-(5) the item relating to ``Public Library Addition'' is
-deemed to be amended by striking project ``Public Library
-Addition'' and inserting ``Public Library Renovations'';
+Services, and Housing Site Project for Adults with Intellectual and
+Developmental Disabilities'' is deemed to be amended by striking
+project ``Supportive Living, Community Day Services, and Housing
+Site Project for Adults with Intellectual and Developmental
+Disabilities'' and inserting ``Community Day Services and Housing
+Expansion for Adults with Intellectual and Developmental
+Disabilities'';
+(5) the item relating to ``Public Library Addition'' is deemed
+to be amended by striking project ``Public Library Addition'' and
+inserting ``Public Library Renovations'';
(6) the item relating to ``Renovation of Snelling Motel to
Affordable Housing for Veterans'' is deemed to be amended by
striking project ``Renovation of Snelling Motel to Affordable
-Housing for Veterans'' and inserting ``Acquisition for
-Affordable Housing for Veterans'';
-(7) the item relating to ``El Centro de la Raza-Pattison's
-West Community Campus Property Acquisition'' is deemed to be
-amended by striking project ``El Centro de la Raza-Pattison's
-West Community Campus Property Acquisition'' and inserting
-``Pattison's West Community Campus'';
-(8) the item relating to ``Riverbrook Regional YMCA'' is
-deemed to be amended by striking recipient ``Riverbrook
-Regional Young Men's Christian Association, Inc.'' and
-inserting ``City of Norwalk'';
+Housing for Veterans'' and inserting ``Acquisition for Affordable
+Housing for Veterans'';
+(7) the item relating to ``El Centro de la Raza-Pattison's West
+Community Campus Property Acquisition'' is deemed to be amended by
+striking project ``El Centro de la Raza-Pattison's West Community
+Campus Property Acquisition'' and inserting ``Pattison's West
+Community Campus'';
+(8) the item relating to ``Riverbrook Regional YMCA'' is deemed
+to be amended by striking recipient ``Riverbrook Regional Young
+Men's Christian Association, Inc.'' and inserting ``City of
+Norwalk'';
(9) the item relating to ``The SE1 Rehab'' is deemed to be
-amended by striking recipient ``The Skid Row Housing Trust''
-and inserting ``PATH Ventures'' and striking project ``The SE1
-Rehab'' and inserting ``Skid Row Permanent Supportive Housing
+amended by striking recipient ``The Skid Row Housing Trust'' and
+inserting ``PATH Ventures'' and striking project ``The SE1 Rehab''
+and inserting ``Skid Row Permanent Supportive Housing
Rehabilitation'';
(10) the item relating to ``Community Aging & Retirement
Services, Inc.'' is deemed to be amended by striking recipient
``Community Aging & Retirement Services, Inc.'' and inserting
``Pasco County,'' and striking project ``CARES One Stop Senior
-Center Acquisition and Construction'' and inserting ``Senior
-Center Acquisition and Construction'';
+Center Acquisition and Construction'' and inserting ``Senior Center
+Acquisition and Construction'';
(11) the item relating to ``Western Flyer Coast Guard Pier
-Repair and Classroom Design'' is deemed to be amended by
-striking project ``Western Flyer Coast Guard Pier Repair and
-Classroom Design'' and inserting ``Western Flyer Pier and
-Classroom Repair'';
+Repair and Classroom Design'' is deemed to be amended by striking
+project ``Western Flyer Coast Guard Pier Repair and Classroom
+Design'' and inserting ``Western Flyer Pier and Classroom Repair'';
(12) the item relating to ``NYCHA ADA Accessibility and
Security Lighting Project'' is deemed to be amended by striking
-project ``NYCHA ADA Accessibility and Security Lighting
-Project'' and inserting ``Installation of Exterior Lighting at
-Borinquen Plaza II'';
-(13) the item relating to ``Ausonia Apartments
-Modernization'' is deemed to be amended by striking recipient
-``Ausonia Apartments'' and inserting ``Boston Housing
-Authority'';
+project ``NYCHA ADA Accessibility and Security Lighting Project''
+and inserting ``Installation of Exterior Lighting at Borinquen
+Plaza II'';
+(13) the item relating to ``Ausonia Apartments Modernization''
+is deemed to be amended by striking recipient ``Ausonia
+Apartments'' and inserting ``Boston Housing Authority'';
(14) the item relating to ``Helping Up Mission Permanent
Housing on East Baltimore Street'' is deemed to be amended by
-striking ``Helping Up Mission Permanent Housing on East
-Baltimore Street'' and inserting ``Greenspace Development in
-Baltimore'';
-(15) the item relating to ``The Choir School of Delaware's
-New Building at 8th and West Street in Wilmington's Historic
-Quaker Hill District'' is deemed to be amended by striking ``at
-8th and West Street in Wilmington's Historic Quaker Hill
-District'' and inserting ``in Wilmington'';
+striking ``Helping Up Mission Permanent Housing on East Baltimore
+Street'' and inserting ``Greenspace Development in Baltimore'';
+(15) the item relating to ``The Choir School of Delaware's New
+Building at 8th and West Street in Wilmington's Historic Quaker
+Hill District'' is deemed to be amended by striking ``at 8th and
+West Street in Wilmington's Historic Quaker Hill District'' and
+inserting ``in Wilmington'';
(16) the item relating to ``WTA 2011 Fixed Route Diesel to
-Electric Replacement Project, Bellingham'' is deemed to be
-amended by striking ``WTA 2011 Fixed Route Diesel to Electric
-Replacement Project, Bellingham'' and inserting ``Acquisition
-of Hybrid-Electric Buses''; and
+Electric Replacement Project, Bellingham'' is deemed to be amended
+by striking ``WTA 2011 Fixed Route Diesel to Electric Replacement
+Project, Bellingham'' and inserting ``Acquisition of Hybrid-
+Electric Buses''; and
(17) the item relating to ``Media and Arts Collaborative
Building Renovation'' is deemed to be amended by striking
``Renovation''.
@@ -14075,61 +13825,57 @@
Livermore Falls and Jay'' is deemed to be amended by striking
recipient ``United Way of the Tri-Valley Area'' and inserting
``Town of Jay'';
-(4) the item relating to ``Pawtucket Library, Sayles
-Building Re-Pointing'' is deemed to be amended by striking
-project ``Pawtucket Library, Sayles Building Re-Pointing'' and
-inserting ``Pawtucket Library, Sayles Building Renovation'';
-(5) the item relating to ``Germany Road Relocation
-Project'' is deemed to be amended by striking project ``Germany
-Road Relocation Project'' and inserting ``Sewer Improvements'';
-(6) the item relating to ``Community Center Expansion and
-Land Acquisition'' is deemed to be amended by striking
-``Expansion and Land Acquisition'' and inserting ``Planning and
-Design'';
-(7) the item relating to ``Laconia, NH Hill Street
-Pedestrian Bridge Replacement'' is deemed to be amended by
-striking ``Hill Street'' and inserting ``Mill Street'';
-(8) the item relating to ``Sunnyside Community Reinvestment
-as Cultura & Traditions: Tucson, AZ'' is deemed to be amended
-by striking recipient ``Sunnyside Foundation'' and inserting
+(4) the item relating to ``Pawtucket Library, Sayles Building
+Re-Pointing'' is deemed to be amended by striking project
+``Pawtucket Library, Sayles Building Re-Pointing'' and inserting
+``Pawtucket Library, Sayles Building Renovation'';
+(5) the item relating to ``Germany Road Relocation Project'' is
+deemed to be amended by striking project ``Germany Road Relocation
+Project'' and inserting ``Sewer Improvements'';
+(6) the item relating to ``Community Center Expansion and Land
+Acquisition'' is deemed to be amended by striking ``Expansion and
+Land Acquisition'' and inserting ``Planning and Design'';
+(7) the item relating to ``Laconia, NH Hill Street Pedestrian
+Bridge Replacement'' is deemed to be amended by striking ``Hill
+Street'' and inserting ``Mill Street'';
+(8) the item relating to ``Sunnyside Community Reinvestment as
+Cultura & Traditions: Tucson, AZ'' is deemed to be amended by
+striking recipient ``Sunnyside Foundation'' and inserting
``Sunnyside Unified School District'';
-(9) the item relating to ``Craighead Technology Park and
-Public Safety Center'' is deemed to be amended by striking
-recipient ``City Water and Light of Jonesboro'' and inserting
-``City of Jonesboro'';
+(9) the item relating to ``Craighead Technology Park and Public
+Safety Center'' is deemed to be amended by striking recipient
+``City Water and Light of Jonesboro'' and inserting ``City of
+Jonesboro'';
(10) the item relating to ``Capital Repairs of 4 Affordable
-Housing properties, City of Seattle, King County, WA'' is
-deemed to be amended by striking ``4'' and inserting ``3'';
+Housing properties, City of Seattle, King County, WA'' is deemed to
+be amended by striking ``4'' and inserting ``3'';
(11) the item relating to ``Middletown Plaza Elevator
Replacement'' is deemed to be amended by striking ``Middletown
-Plaza Elevator Replacement'' and inserting ``Security Upgrades
-at NYCHA's Soundview Houses'';
+Plaza Elevator Replacement'' and inserting ``Security Upgrades at
+NYCHA's Soundview Houses'';
(12) the item relating to ``Morris Affordable Housing
Infrastructure'' is deemed to be amended by striking recipient
-``Morris Affordable Housing Infrastructure'' and inserting
-``Morris Housing Authority'';
-(13) the item relating to ``Rehabilitation of Historic
-Alumni House as Skills-based Workforce Development Community
-Center'' is deemed to be amended by striking ``Historic Alumni
-House as'' and inserting ``a building for a'';
+``Morris Affordable Housing Infrastructure'' and inserting ``Morris
+Housing Authority'';
+(13) the item relating to ``Rehabilitation of Historic Alumni
+House as Skills-based Workforce Development Community Center'' is
+deemed to be amended by striking ``Historic Alumni House as'' and
+inserting ``a building for a'';
(14) the item relating to ``Mt. Airy/Germantown Streetscape
-Improvement and Reconnection'' is deemed to be amended by
-striking recipient ``Mt. Airy Business Improvement District''
-and inserting ``City of Philadelphia'';
+Improvement and Reconnection'' is deemed to be amended by striking
+recipient ``Mt. Airy Business Improvement District'' and inserting
+``City of Philadelphia'';
(15) the item relating to ``YMCA of Greater Pittsburgh'' is
-deemed to be amended by striking ``YMCA of Greater Pittsburgh''
-and inserting ``Allegheny YMCA Renovation'';
-(16) the item relating to ``Corn Maiden Early Learning
-Center'' is deemed to be amended by striking recipient ``Corn
-Maiden Early Learning Center'' and inserting ``Indian Pueblo
-Cultural Center'';
+deemed to be amended by striking ``YMCA of Greater Pittsburgh'' and
+inserting ``Allegheny YMCA Renovation'';
+(16) the item relating to ``Corn Maiden Early Learning Center''
+is deemed to be amended by striking recipient ``Corn Maiden Early
+Learning Center'' and inserting ``Indian Pueblo Cultural Center'';
(17) the item relating to ``10th Street Realignment Project
-Overpass Project'' is deemed to be amended by striking
-recipient ``City of Richmond'' and inserting ``Fort Bend
-County''; and
-(18) the item relating to ``S. Roosevelt Road Share Use
-Path'' is deemed to be amended by striking ``S. Roosevelt
-Road''.
+Overpass Project'' is deemed to be amended by striking recipient
+``City of Richmond'' and inserting ``Fort Bend County''; and
+(18) the item relating to ``S. Roosevelt Road Share Use Path''
+is deemed to be amended by striking ``S. Roosevelt Road''.
(d) Each amendment made by subsection (a) shall be considered and
treated as a continuation of an existing obligation of funds and not as
a new obligation of funds.
@@ -14143,39 +13889,38 @@
transferred to ``Department of Transportation--Transit Infrastructure
Grants'' and shall be available under the heading to which transferred
for its original purpose.
-(1) The item relating to ``Midway Crossing'' is deemed to
-be amended by striking account ``Consolidated Rail
-Infrastructure and Safety Improvements'' and inserting
-``Transit Infrastructure Grants'' in the table of projects
-entitled ``Community Project Funding/Congressionally Directed
-Spending'' in the explanatory statement for division L of the
-Consolidated Appropriations Act, 2023 (Public Law 117-328)
-described in section 4 in the matter preceding division A of
-such Act.
+(1) The item relating to ``Midway Crossing'' is deemed to be
+amended by striking account ``Consolidated Rail Infrastructure and
+Safety Improvements'' and inserting ``Transit Infrastructure
+Grants'' in the table of projects entitled ``Community Project
+Funding/Congressionally Directed Spending'' in the explanatory
+statement for division L of the Consolidated Appropriations Act,
+2023 (Public Law 117-328) described in section 4 in the matter
+preceding division A of such Act.
Sec. 422. The Department of Transportation and the Department of
Housing and Urban Development shall provide the House and Senate
Committees on Appropriations:
-(1) quarterly reports on the status of all funds, including
-the start of year unobligated and uncommitted balances, and the
-total obligations and recaptures for the fiscal year, by
-program, project, and activity;
+(1) quarterly reports on the status of all funds, including the
+start of year unobligated and uncommitted balances, and the total
+obligations and recaptures for the fiscal year, by program,
+project, and activity;
(2) semiannual reports on staffing levels, hirings, and
-separations (including through the deferred resignation program
-and any other voluntary retirement programs), consistent with
-direction provided in this Act or the explanatory statement
-described in section 4 (in the matter preceding division A of
-this consolidated Act); and
+separations (including through the deferred resignation program and
+any other voluntary retirement programs), consistent with direction
+provided in this Act or the explanatory statement described in
+section 4 (in the matter preceding division A of this consolidated
+Act); and
(3) additional, updated budget or financial technical
assistance, upon request.
Sec. 423. Each Department and agency funded in this Act shall
maintain on its publicly accessible website:
-(1) notices of funding opportunities (including any
-amendments) for all competitive grant programs issued in the
-most recent 10 years;
+(1) notices of funding opportunities (including any amendments)
+for all competitive grant programs issued in the most recent 10
+years;
(2) grant awards for the most recent 10 years; and
(3) programmatic notices, guidance, and grant agreement
-templates for any grant program with disbursement activity
-within the previous 5 fiscal years.
+templates for any grant program with disbursement activity within
+the previous 5 fiscal years.
Sec. 424. No later than 30 days after the date of enactment of
this Act, and annually thereafter, the Departments and agencies funded
under this Act shall submit a report to the House and Senate Committees
@@ -14199,55 +13944,49 @@
``Kaine, Warner'' for the project identified as the ``Center of
Excellence in Environmental Forecasting'' for the recipient
``Virginia Institute of Marine Science'';
-(2) the contents in the ``Recipient'' column are deemed to
-be amended by--
-(A) inserting ``Research Foundation of the'' before
-``City University of New York on behalf of Medgar Evers
-College'' for the project identified as ``Advancing
-Scientific Research Capabilities'';
-(B) inserting ``Research Foundation of the'' before
-``State University of New York on behalf of the
-University at Buffalo'' for the project identified as
-``Center of Excellence for Cross-Border Supply
-Chains'';
-(C) striking ``Game Department/Great Bay National
-Estuarine Research'' and inserting ``New Hampshire Fish
-and Game Department/Great Bay National Estuarine
-Research Reserve'' for the project identified as
-``Great Bay National Estuarine Research Reserve:
-Research Facility'';
-(D) striking ``of Albany'' and inserting ``at
-Albany'' for the project identified as ``UAlbany CNSE
-200mm Wafer Cleanroom Equipment Upgrade''; and
-(E) striking ``Penn'' and inserting ``Pennington''
-for the project identified as ``Jail Tech Upgrades'';
-and
+(2) the contents in the ``Recipient'' column are deemed to be
+amended by--
+(A) inserting ``Research Foundation of the'' before ``City
+University of New York on behalf of Medgar Evers College'' for
+the project identified as ``Advancing Scientific Research
+Capabilities'';
+(B) inserting ``Research Foundation of the'' before ``State
+University of New York on behalf of the University at Buffalo''
+for the project identified as ``Center of Excellence for Cross-
+Border Supply Chains'';
+(C) striking ``Game Department/Great Bay National Estuarine
+Research'' and inserting ``New Hampshire Fish and Game
+Department/Great Bay National Estuarine Research Reserve'' for
+the project identified as ``Great Bay National Estuarine
+Research Reserve: Research Facility'';
+(D) striking ``of Albany'' and inserting ``at Albany'' for
+the project identified as ``UAlbany CNSE 200mm Wafer Cleanroom
+Equipment Upgrade''; and
+(E) striking ``Penn'' and inserting ``Pennington'' for the
+project identified as ``Jail Tech Upgrades''; and
(3) the contents in the ``Project'' column are deemed to be
amended by inserting--
-(A) ``Chip Design Hub: Advanced Chip Design,
-Testing and'' before ``Fabrication Laboratory Equipment
-for Preparing the Semiconductor Workforce'' for
-recipient ``Florida Atlantic University'';
+(A) ``Chip Design Hub: Advanced Chip Design, Testing and''
+before ``Fabrication Laboratory Equipment for Preparing the
+Semiconductor Workforce'' for recipient ``Florida Atlantic
+University'';
(B) ``University of Texas at Dallas Comparative
-Effectiveness of'' before ``North Texas Workforce
-Development Programs for Semiconductors'' for recipient
-``The University of Texas at Dallas'';
-(C) ``D'Youville University School of Pharmacy
-Sterile'' before ``Compounding and Non-Sterile
-Hazardous Compounding Lab'' for recipient ``D'Youville
-University'';
-(D) ``Building the Workforce of the Future
-Generation By'' before ``Empowering Underserved
-Students with Technology-based STEM Education'' for
-recipient ``Research Foundation of CUNY'';
-(E) ``Additive Construction and Manufacturing
-Equipment for'' before ``Affordable and Resilient
-Housing Research and Workforce Development'' for
-recipient ``Rowan University''; and
-(F) ``Interdisciplinary Engineering & Computing
-initiative to'' before ``Advance Semiconductor Industry
-and National Security Project'' for recipient ``Florida
-International University''.
+Effectiveness of'' before ``North Texas Workforce Development
+Programs for Semiconductors'' for recipient ``The University of
+Texas at Dallas'';
+(C) ``D'Youville University School of Pharmacy Sterile''
+before ``Compounding and Non-Sterile Hazardous Compounding
+Lab'' for recipient ``D'Youville University'';
+(D) ``Building the Workforce of the Future Generation By''
+before ``Empowering Underserved Students with Technology-based
+STEM Education'' for recipient ``Research Foundation of CUNY'';
+(E) ``Additive Construction and Manufacturing Equipment
+for'' before ``Affordable and Resilient Housing Research and
+Workforce Development'' for recipient ``Rowan University''; and
+(F) ``Interdisciplinary Engineering & Computing initiative
+to'' before ``Advance Semiconductor Industry and National
+Security Project'' for recipient ``Florida International
+University''.
(b) The table titled ``Department of Commerce Allocation of
National Institute of Standards and Technology Funds: CHIPS Act Fiscal
Year 2026'' in the explanatory statement for division A of the
@@ -14267,15 +14006,14 @@
System'' and inserting ``Oregon Metro for Waste Improvement System''.
(d) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2026, is amended--
-(1) in the matter preceding the first proviso under the
-heading ``National Park Service--Operation of the National Park
-System'' by striking ``$2,877,195,000'' and inserting
-``$2,901,195,000'', striking ``$148,285,000'' and inserting
-``$157,165,000'', and striking ``$157,950,000'' and inserting
-``$173,070,000''; and
-(2) in the matter preceding the first proviso under the
-heading ``National Park Service--Historic Preservation Fund'',
-by striking ``$205,059,000'' and inserting ``$181,059,000''.
+(1) in the matter preceding the first proviso under the heading
+``National Park Service--Operation of the National Park System'' by
+striking ``$2,877,195,000'' and inserting ``$2,901,195,000'',
+striking ``$148,285,000'' and inserting ``$157,165,000'', and
+striking ``$157,950,000'' and inserting ``$173,070,000''; and
+(2) in the matter preceding the first proviso under the heading
+``National Park Service--Historic Preservation Fund'', by striking
+``$205,059,000'' and inserting ``$181,059,000''.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2026''.
@@ -14304,22 +14042,20 @@
(1) not to exceed $1,350,000 is for official reception and
representation expenses of which $1,000,000 is available until
January 30, 2027, for hosting the G20 Financial Summit;
-(2) not to exceed $258,000 is for unforeseen emergencies of
-a confidential nature to be allocated and expended under the
-direction of the Secretary of the Treasury and to be accounted
-for solely on the Secretary's certificate; and
+(2) not to exceed $258,000 is for unforeseen emergencies of a
+confidential nature to be allocated and expended under the
+direction of the Secretary of the Treasury and to be accounted for
+solely on the Secretary's certificate; and
(3) not to exceed $42,000,000 shall remain available until
September 30, 2027, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
-(B) information technology modernization
-requirements;
-(C) the audit, oversight, and administration of the
-Gulf Coast Restoration Trust Fund;
-(D) the development and implementation of programs
-within the Office of Cybersecurity and Critical
-Infrastructure Protection, including entering into
-cooperative agreements;
+(B) information technology modernization requirements;
+(C) the audit, oversight, and administration of the Gulf
+Coast Restoration Trust Fund;
+(D) the development and implementation of programs within
+the Office of Cybersecurity and Critical Infrastructure
+Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
@@ -14500,106 +14236,100 @@
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $324,000,000. Of the amount
appropriated under this heading--
-(1) not less than $188,000,000, notwithstanding section
-108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
-Small and/or Emerging Community Development Financial
-Institutions Assistance awards, is available until September
-30, 2027, for financial assistance and technical assistance
-under subparagraphs (A) and (B) of section 108(a)(1),
-respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
-and (B)), of which up to $1,600,000 may be available for
-training and outreach under section 109 of Public Law 103-325
-(12 U.S.C. 4708), of which up to $3,153,750 may be used for the
-cost of direct loans, of which up to $10,000,000,
-notwithstanding subsection (d) of section 108 of Public Law
-103-325 (12 U.S.C. 4707(d)), may be available to provide
-financial assistance, technical assistance, training, and
-outreach to community development financial institutions to
-expand investments that benefit individuals with disabilities,
-and of which up to $2,000,000 shall be for the Economic
-Mobility Corps to be operated in conjunction with the
-Corporation for National and Community Service, pursuant to 42
-U.S.C. 12571: Provided, That the cost of direct and guaranteed
-loans, including the cost of modifying such loans, shall be as
-defined in section 502 of the Congressional Budget Act of 1974:
-Provided further, That these funds are available to subsidize
-gross obligations for the principal amount of direct loans not
-to exceed $25,000,000: Provided further, That of the funds
-provided under this paragraph, excluding those made to
-community development financial institutions to expand
-investments that benefit individuals with disabilities and
-those made to community development financial institutions that
-serve populations living in persistent poverty counties, the
-CDFI Fund shall prioritize Financial Assistance awards to
-organizations that invest and lend in high-poverty areas:
-Provided further, That for purposes of this section, the term
-``high-poverty area'' means any census tract with a poverty
-rate of at least 20 percent as measured by the 2016-2020 5-year
-data series available from the American Community Survey of the
-Bureau of the Census for all States and Puerto Rico or with a
-poverty rate of at least 20 percent as measured by the 2020
-Island areas Decennial Census data for any territory or
-possession of the United States;
-(2) not less than $28,000,000, notwithstanding section
-108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
-until September 30, 2027, for financial assistance, technical
-assistance, training, and outreach programs designed to benefit
-Native American, Native Hawaiian, and Alaska Native communities
-and provided primarily through qualified community development
-lender organizations with experience and expertise in community
-development banking and lending in Indian country, Native
-American organizations, Tribes and Tribal organizations, and
-other suitable providers;
-(3) not less than $40,000,000 is available until September
-30, 2027, for the Bank Enterprise Award program;
-(4) not less than $24,000,000, notwithstanding subsections
-(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
-4707(d) and (e)), is available until September 30, 2027, for a
-Healthy Food Financing Initiative to provide financial
+(1) not less than $188,000,000, notwithstanding section 108(e)
+of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/
+or Emerging Community Development Financial Institutions Assistance
+awards, is available until September 30, 2027, for financial
+assistance and technical assistance under subparagraphs (A) and (B)
+of section 108(a)(1), respectively, of Public Law 103-325 (12
+U.S.C. 4707(a)(1)(A) and (B)), of which up to $1,600,000 may be
+available for training and outreach under section 109 of Public Law
+103-325 (12 U.S.C. 4708), of which up to $3,153,750 may be used for
+the cost of direct loans, of which up to $10,000,000,
+notwithstanding subsection (d) of section 108 of Public Law 103-325
+(12 U.S.C. 4707(d)), may be available to provide financial
assistance, technical assistance, training, and outreach to
-community development financial institutions for the purpose of
-offering affordable financing and technical assistance to
-expand the availability of healthy food options in distressed
-communities;
-(5) not less than $9,000,000 is available until September
-30, 2027, to provide grants for loan loss reserve funds and to
-provide technical assistance for small dollar loan programs
-under section 122 of Public Law 103-325 (12 U.S.C. 4719):
-Provided, That sections 108(d) and 122(b)(2) of such Public Law
-shall not apply to the provision of such grants and technical
-assistance;
-(6) not less than $35,000,000 is available for
-administrative expenses, including administration of CDFI Fund
-programs and the New Markets Tax Credit Program, of which not
-less than $1,000,000 is for the development of tools to better
-assess and inform CDFI investment performance and CDFI program
-impacts, and up to $300,000 is for administrative expenses to
-carry out the direct loan program; and
-(7) during fiscal year 2026, none of the funds available
-under this heading are available for the cost, as defined in
-section 502 of the Congressional Budget Act of 1974, of
-commitments to guarantee bonds and notes under section 114A of
-the Riegle Community Development and Regulatory Improvement Act
-of 1994 (12 U.S.C. 4713a): Provided, That commitments to
-guarantee bonds and notes under such section 114A shall not
-exceed $500,000,000: Provided further, That such section 114A
-shall remain in effect until December 31, 2027: Provided
-further, That of the funds awarded under this heading, except
-those provided for the Economic Mobility Corps, not less than
-10 percent shall be used for awards that support investments
-that serve populations living in persistent poverty counties:
-Provided further, That for the purposes of this paragraph and
-paragraph (1), the term ``persistent poverty counties'' means
-any county, including county equivalent areas in Puerto Rico,
-that has had 20 percent or more of its population living in
-poverty over the past 30 years, as measured by the 1990 and
-2000 decennial censuses and the 2016-2020 5-year data series
-available from the American Community Survey of the Bureau of
-the Census or any other territory or possession of the United
-States that has had 20 percent or more of its population living
-in poverty over the past 30 years, as measured by the 1990,
-2000, 2010 and 2020 Island Areas Decennial Censuses, or
-equivalent data, of the Bureau of the Census.
+community development financial institutions to expand investments
+that benefit individuals with disabilities, and of which up to
+$2,000,000 shall be for the Economic Mobility Corps to be operated
+in conjunction with the Corporation for National and Community
+Service, pursuant to 42 U.S.C. 12571: Provided, That the cost of
+direct and guaranteed loans, including the cost of modifying such
+loans, shall be as defined in section 502 of the Congressional
+Budget Act of 1974: Provided further, That these funds are
+available to subsidize gross obligations for the principal amount
+of direct loans not to exceed $25,000,000: Provided further, That
+of the funds provided under this paragraph, excluding those made to
+community development financial institutions to expand investments
+that benefit individuals with disabilities and those made to
+community development financial institutions that serve populations
+living in persistent poverty counties, the CDFI Fund shall
+prioritize Financial Assistance awards to organizations that invest
+and lend in high-poverty areas: Provided further, That for
+purposes of this section, the term ``high-poverty area'' means any
+census tract with a poverty rate of at least 20 percent as measured
+by the 2016-2020 5-year data series available from the American
+Community Survey of the Bureau of the Census for all States and
+Puerto Rico or with a poverty rate of at least 20 percent as
+measured by the 2020 Island areas Decennial Census data for any
+territory or possession of the United States;
+(2) not less than $28,000,000, notwithstanding section 108(e)
+of Public Law 103-325 (12 U.S.C. 4707(e)), is available until
+September 30, 2027, for financial assistance, technical assistance,
+training, and outreach programs designed to benefit Native
+American, Native Hawaiian, and Alaska Native communities and
+provided primarily through qualified community development lender
+organizations with experience and expertise in community
+development banking and lending in Indian country, Native American
+organizations, Tribes and Tribal organizations, and other suitable
+providers;
+(3) not less than $40,000,000 is available until September 30,
+2027, for the Bank Enterprise Award program;
+(4) not less than $24,000,000, notwithstanding subsections (d)
+and (e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and
+(e)), is available until September 30, 2027, for a Healthy Food
+Financing Initiative to provide financial assistance, technical
+assistance, training, and outreach to community development
+financial institutions for the purpose of offering affordable
+financing and technical assistance to expand the availability of
+healthy food options in distressed communities;
+(5) not less than $9,000,000 is available until September 30,
+2027, to provide grants for loan loss reserve funds and to provide
+technical assistance for small dollar loan programs under section
+122 of Public Law 103-325 (12 U.S.C. 4719): Provided, That
+sections 108(d) and 122(b)(2) of such Public Law shall not apply to
+the provision of such grants and technical assistance;
+(6) not less than $35,000,000 is available for administrative
+expenses, including administration of CDFI Fund programs and the
+New Markets Tax Credit Program, of which not less than $1,000,000
+is for the development of tools to better assess and inform CDFI
+investment performance and CDFI program impacts, and up to $300,000
+is for administrative expenses to carry out the direct loan
+program; and
+(7) during fiscal year 2026, none of the funds available under
+this heading are available for the cost, as defined in section 502
+of the Congressional Budget Act of 1974, of commitments to
+guarantee bonds and notes under section 114A of the Riegle
+Community Development and Regulatory Improvement Act of 1994 (12
+U.S.C. 4713a): Provided, That commitments to guarantee bonds and
+notes under such section 114A shall not exceed $500,000,000:
+Provided further, That such section 114A shall remain in effect
+until December 31, 2027: Provided further, That of the funds
+awarded under this heading, except those provided for the Economic
+Mobility Corps, not less than 10 percent shall be used for awards
+that support investments that serve populations living in
+persistent poverty counties: Provided further, That for the
+purposes of this paragraph and paragraph (1), the term ``persistent
+poverty counties'' means any county, including county equivalent
+areas in Puerto Rico, that has had 20 percent or more of its
+population living in poverty over the past 30 years, as measured by
+the 1990 and 2000 decennial censuses and the 2016-2020 5-year data
+series available from the American Community Survey of the Bureau
+of the Census or any other territory or possession of the United
+States that has had 20 percent or more of its population living in
+poverty over the past 30 years, as measured by the 1990, 2000, 2010
+and 2020 Island Areas Decennial Censuses, or equivalent data, of
+the Bureau of the Census.
Internal Revenue Service
@@ -14731,8 +14461,8 @@
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
-(1) to make a payment to any employee under a bonus, award,
-or recognition program; or
+(1) to make a payment to any employee under a bonus, award, or
+recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
@@ -14831,21 +14561,21 @@
years for each capital investment project that has not been fully
completed.
Sec. 123. During fiscal year 2026--
-(1) none of the funds made available in this or any other
-Act may be used by the Department of the Treasury, including
-the Internal Revenue Service, to issue, revise, or finalize any
+(1) none of the funds made available in this or any other Act
+may be used by the Department of the Treasury, including the
+Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
-determine whether an organization is operated exclusively for
-the promotion of social welfare for purposes of section
-501(c)(4) of the Internal Revenue Code of 1986 (including the
-proposed regulations published at 78 Fed. Reg. 71535 (November
-29, 2013)); and
+determine whether an organization is operated exclusively for the
+promotion of social welfare for purposes of section 501(c)(4) of
+the Internal Revenue Code of 1986 (including the proposed
+regulations published at 78 Fed. Reg. 71535 (November 29, 2013));
+and
(2) the standard and definitions as in effect on January 1,
-2010, which are used to make such determinations shall apply
-after the date of the enactment of this Act for purposes of
-determining status under section 501(c)(4) of such Code of
-organizations created on, before, or after such date.
+2010, which are used to make such determinations shall apply after
+the date of the enactment of this Act for purposes of determining
+status under section 501(c)(4) of such Code of organizations
+created on, before, or after such date.
Sec. 124. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
@@ -14862,14 +14592,14 @@
the House of Representatives, and the Senate Committee on Banking,
Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
-(1) the obligations made during the previous quarter by
-object class, office, and activity;
-(2) the estimated obligations for the remainder of the
-fiscal year by object class, office, and activity;
+(1) the obligations made during the previous quarter by object
+class, office, and activity;
+(2) the estimated obligations for the remainder of the fiscal
+year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
-(4) the estimated number of full-time equivalents within
-each office for the remainder of the fiscal year; and
+(4) the estimated number of full-time equivalents within each
+office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
@@ -15247,15 +14977,15 @@
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
-(1) a narrative summary of the budgetary impact of such
-order or memorandum on the Federal Government;
-(2) the impact on mandatory and discretionary obligations
-and outlays as the result of such order or memorandum, listed
-by Federal agency, for each year in the 5-fiscal-year period
-beginning in fiscal year 2026; and
+(1) a narrative summary of the budgetary impact of such order
+or memorandum on the Federal Government;
+(2) the impact on mandatory and discretionary obligations and
+outlays as the result of such order or memorandum, listed by
+Federal agency, for each year in the 5-fiscal-year period beginning
+in fiscal year 2026; and
(3) the impact on revenues of the Federal Government as the
-result of such order or memorandum over the 5-fiscal-year
-period beginning in fiscal year 2026.
+result of such order or memorandum over the 5-fiscal-year period
+beginning in fiscal year 2026.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2026 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
@@ -15807,34 +15537,30 @@
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
-(1) the National Academy of Sciences, in consultation with
-the National Highway Traffic Safety Administration and the
-Department of Defense, completes a study to determine--
-(A) the technical validity of the lateral stability
-and vehicle handling requirements proposed by such
-standard for purposes of reducing the risk of
-Recreational Off-Highway Vehicle (referred to in this
-section as ``ROV'') rollovers in the off-road
-environment, including the repeatability and
+(1) the National Academy of Sciences, in consultation with the
+National Highway Traffic Safety Administration and the Department
+of Defense, completes a study to determine--
+(A) the technical validity of the lateral stability and
+vehicle handling requirements proposed by such standard for
+purposes of reducing the risk of Recreational Off-Highway
+Vehicle (referred to in this section as ``ROV'') rollovers in
+the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
-(B) the number of ROV rollovers that would be
-prevented if the proposed requirements were adopted;
-(C) whether there is a technical basis for the
-proposal to provide information on a point-of-sale
-hangtag about a ROV's rollover resistance on a
-progressive scale; and
-(D) the effect on the utility of ROVs used by the
-United States military if the proposed requirements
-were adopted; and
+(B) the number of ROV rollovers that would be prevented if
+the proposed requirements were adopted;
+(C) whether there is a technical basis for the proposal to
+provide information on a point-of-sale hangtag about a ROV's
+rollover resistance on a progressive scale; and
+(D) the effect on the utility of ROVs used by the United
+States military if the proposed requirements were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
-(A) the Committee on Commerce, Science, and
-Transportation of the Senate;
-(B) the Committee on Energy and Commerce of the
-House of Representatives;
-(C) the Committee on Appropriations of the Senate;
-and
+(A) the Committee on Commerce, Science, and Transportation
+of the Senate;
+(B) the Committee on Energy and Commerce of the House of
+Representatives;
+(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 502. None of the funds provided may be used to promulgate,
@@ -16054,90 +15780,83 @@
Connecticut:
Hartford, U.S. Courthouse, $10,000,000;
Puerto Rico:
-San Juan, Clemente Ruiz-Nazario U.S.
-Courthouse and Federico Degetau Federal
-Building, $20,000,000;
+San Juan, Clemente Ruiz-Nazario U.S. Courthouse and
+Federico Degetau Federal Building, $20,000,000;
Tennessee:
Chattanooga, U.S. Courthouse, $43,500,000;
-Memphis, Odell Horton Federal Building,
-$1,500,000;
+Memphis, Odell Horton Federal Building, $1,500,000;
Washington:
-Seattle, National Archives Replacement
-Facility, $30,000,000; and
+Seattle, National Archives Replacement Facility,
+$30,000,000; and
Environmental Remediation, $60,661,000:
Provided, That each of the foregoing limits of costs on
-construction and acquisition projects may be exceeded to the
-extent that savings are effected in other such projects, but
-not to exceed 20 percent of the amounts included in a
-transmitted prospectus, if required, unless advance approval is
-obtained from the Committees on Appropriations of the House of
-Representatives and the Senate of a greater amount;
+construction and acquisition projects may be exceeded to the extent
+that savings are effected in other such projects, but not to exceed
+20 percent of the amounts included in a transmitted prospectus, if
+required, unless advance approval is obtained from the Committees
+on Appropriations of the House of Representatives and the Senate of
+a greater amount;
(2) $933,553,000 shall remain available until expended for
repairs and alterations, including associated design and
-construction services, in addition to amounts otherwise
-provided for such purposes, of which--
-(A) $239,000,000 is for Major Repairs and
-Alterations;
-(B) $479,000,000 is for Basic Repairs and
-Alterations; and
+construction services, in addition to amounts otherwise provided
+for such purposes, of which--
+(A) $239,000,000 is for Major Repairs and Alterations;
+(B) $479,000,000 is for Basic Repairs and Alterations; and
(C) $215,553,000 is for Special Emphasis Programs:
-Provided, That funds made available in this or any previous
-Act in the Federal Buildings Fund for Repairs and Alterations
-shall, for prospectus projects, be limited to the amount
-identified for each project, except each project in this or any
-previous Act may be increased by an amount not to exceed 20
-percent unless advance approval is obtained from the Committees
-on Appropriations of the House of Representatives and the
-Senate of a greater amount: Provided further, That additional
-projects for which prospectuses have been fully approved may be
-funded under this category only if advance approval is obtained
-from the Committees on Appropriations of the House of
-Representatives and the Senate: Provided further, That the
-amounts provided in this or any prior Act for ``Repairs and
-Alterations'' may be used to fund costs associated with
-implementing security improvements to buildings necessary to
-meet the minimum standards for security in accordance with
-current law and in compliance with the reprogramming guidelines
-of the appropriate Committees of the House and Senate:
-Provided further, That the difference between the funds
-appropriated and expended on any projects in this or any prior
-Act, under the heading ``Repairs and Alterations'', may be
-transferred to ``Basic Repairs and Alterations'' or used to
-fund authorized increases in prospectus projects: Provided
-further, That the amount provided in this or any prior Act for
-``Basic Repairs and Alterations'' may be used to pay claims
-against the Government arising from any projects under the
-heading ``Repairs and Alterations'' or used to fund authorized
+Provided, That funds made available in this or any previous Act
+in the Federal Buildings Fund for Repairs and Alterations shall,
+for prospectus projects, be limited to the amount identified for
+each project, except each project in this or any previous Act may
+be increased by an amount not to exceed 20 percent unless advance
+approval is obtained from the Committees on Appropriations of the
+House of Representatives and the Senate of a greater amount:
+Provided further, That additional projects for which prospectuses
+have been fully approved may be funded under this category only if
+advance approval is obtained from the Committees on Appropriations
+of the House of Representatives and the Senate: Provided further,
+That the amounts provided in this or any prior Act for ``Repairs
+and Alterations'' may be used to fund costs associated with
+implementing security improvements to buildings necessary to meet
+the minimum standards for security in accordance with current law
+and in compliance with the reprogramming guidelines of the
+appropriate Committees of the House and Senate: Provided further,
+That the difference between the funds appropriated and expended on
+any projects in this or any prior Act, under the heading ``Repairs
+and Alterations'', may be transferred to ``Basic Repairs and
+Alterations'' or used to fund authorized increases in prospectus
+projects: Provided further, That the amount provided in this or
+any prior Act for ``Basic Repairs and Alterations'' may be used to
+pay claims against the Government arising from any projects under
+the heading ``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,574,593,000 for rental of space to remain available
until expended; and
-(4) $3,012,954,000 for building operations to remain
-available until expended: Provided, That the total amount of
-funds made available from this Fund to the General Services
-Administration shall not be available for expenses of any
-construction, repair, alteration and acquisition project for
-which a prospectus, if required by 40 U.S.C. 3307(a), has not
-been approved, except that necessary funds may be expended for
-each project for required expenses for the development of a
-proposed prospectus: Provided further, That funds available in
-the Federal Buildings Fund may be expended for emergency
-repairs when advance approval is obtained from the Committees
-on Appropriations of the House of Representatives and the
-Senate: Provided further, That amounts necessary to provide
-reimbursable special services to other agencies under 40 U.S.C.
-592(b)(2) and amounts to provide such reimbursable fencing,
-lighting, guard booths, and other facilities on private or
-other property not in Government ownership or control as may be
-appropriate to enable the United States Secret Service to
-perform its protective functions pursuant to 18 U.S.C. 3056,
-shall be available from such revenues and collections:
-Provided further, That revenues and collections and any other
-sums accruing to this Fund during fiscal year 2026, excluding
-reimbursements under 40 U.S.C. 592(b)(2), in excess of the
-aggregate new obligational authority authorized for Real
-Property Activities of the Federal Buildings Fund in this Act
-shall remain in the Fund and shall not be available for
-expenditure except as authorized in appropriations Acts.
+(4) $3,012,954,000 for building operations to remain available
+until expended: Provided, That the total amount of funds made
+available from this Fund to the General Services Administration
+shall not be available for expenses of any construction, repair,
+alteration and acquisition project for which a prospectus, if
+required by 40 U.S.C. 3307(a), has not been approved, except that
+necessary funds may be expended for each project for required
+expenses for the development of a proposed prospectus: Provided
+further, That funds available in the Federal Buildings Fund may be
+expended for emergency repairs when advance approval is obtained
+from the Committees on Appropriations of the House of
+Representatives and the Senate: Provided further, That amounts
+necessary to provide reimbursable special services to other
+agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
+reimbursable fencing, lighting, guard booths, and other facilities
+on private or other property not in Government ownership or control
+as may be appropriate to enable the United States Secret Service to
+perform its protective functions pursuant to 18 U.S.C. 3056, shall
+be available from such revenues and collections: Provided further,
+That revenues and collections and any other sums accruing to this
+Fund during fiscal year 2026, excluding reimbursements under 40
+U.S.C. 592(b)(2), in excess of the aggregate new obligational
+authority authorized for Real Property Activities of the Federal
+Buildings Fund in this Act shall remain in the Fund and shall not
+be available for expenditure except as authorized in appropriations
+Acts.
general activities
@@ -16658,70 +16377,69 @@
540 of this Act: Provided further, That of the amount appropriated
under this heading--
(1) $150,000,000 shall be available to fund grants for
-performance as authorized by section 21 of the Small Business
-Act (15 U.S.C. 648), of which $30,000,000 shall remain
-available until September 30, 2027;
-(2) $41,000,000 shall be available for marketing,
-management, and technical assistance under section 7(m)(4) of
-the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries
-that make microloans under the microloan program, of which
-$8,200,000 shall remain available until September 30, 2027;
-(3) $20,000,000, to remain available until September 30,
-2027, shall be available for grants to States to carry out
-export programs that assist small business concerns authorized
-under section 22(l) of the Small Business Act (15 U.S.C.
-649(l));
+performance as authorized by section 21 of the Small Business Act
+(15 U.S.C. 648), of which $30,000,000 shall remain available until
+September 30, 2027;
+(2) $41,000,000 shall be available for marketing, management,
+and technical assistance under section 7(m)(4) of the Small
+Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make
+microloans under the microloan program, of which $8,200,000 shall
+remain available until September 30, 2027;
+(3) $20,000,000, to remain available until September 30, 2027,
+shall be available for grants to States to carry out export
+programs that assist small business concerns authorized under
+section 22(l) of the Small Business Act (15 U.S.C. 649(l));
(4) $27,000,000 shall be available for the Women's Business
-Center program described in section 29 of the Small Business
-Act (15 U.S.C. 656), of which $5,400,000 shall remain available
-until September 30, 2027;
-(5) $21,400,000 shall be available for conducting outreach
-to veterans, including through the Boots to Business Program
+Center program described in section 29 of the Small Business Act
+(15 U.S.C. 656), of which $5,400,000 shall remain available until
+September 30, 2027;
+(5) $21,400,000 shall be available for conducting outreach to
+veterans, including through the Boots to Business Program
established under section 32(h) of the Small Business Act (15
U.S.C. 657b(h)) and Veteran Business Outreach Centers, of which
$4,280,000 shall remain available until September 30, 2027;
(6) $17,000,000 shall be available for the Service Corps of
Retired Executives established under section 8(b)(1)(B) of the
-Small Business Act (15 U.S.C. 637(b)(1)(B)), of which
-$3,400,000 shall remain available until September 30, 2027;
-(7) $9,000,000 shall be available for grants and
-cooperative agreements under the Federal and State Technology
-Partnership Program under section 34 of the Small Business Act
-(15 U.S.C. 657d), of which $1,800,000 shall remain available
+Small Business Act (15 U.S.C. 637(b)(1)(B)), of which $3,400,000
+shall remain available until September 30, 2027;
+(7) $9,000,000 shall be available for grants and cooperative
+agreements under the Federal and State Technology Partnership
+Program under section 34 of the Small Business Act (15 U.S.C.
+657d), of which $1,800,000 shall remain available until September
+30, 2027;
+(8) $9,000,000 shall be available for the Regional Innovation
+Cluster Initiative, of which $1,800,000 shall remain available
until September 30, 2027;
-(8) $9,000,000 shall be available for the Regional
-Innovation Cluster Initiative, of which $1,800,000 shall remain
-available until September 30, 2027;
(9) $7,000,000 shall be available for providing technical
-assistance under the Program for Investors in
-Microentrepreneurs, of which $1,400,000 shall remain available
-until September 30, 2027;
+assistance under the Program for Investors in Microentrepreneurs,
+of which $1,400,000 shall remain available until September 30,
+2027;
(10) $9,000,000 shall be available for grants to growth
accelerators to assist entrepreneurs to start and scale their
businesses, of which $1,800,000 shall remain available until
September 30, 2027;
(11) $5,300,000 shall be available for the Office of Native
-American Affairs to carry out the outreach activities for
-Native American-owned small businesses, of which $1,060,000
-shall remain available until September 30, 2027;
-(12) $3,800,000 shall be available for financial assistance
-for the program established under section 7(j) of the Small
-Business Act (15 U.S.C. 636(j)), of which $760,000 shall remain
+American Affairs to carry out the outreach activities for Native
+American-owned small businesses, of which $1,060,000 shall remain
available until September 30, 2027;
+(12) $3,800,000 shall be available for financial assistance for
+the program established under section 7(j) of the Small Business
+Act (15 U.S.C. 636(j)), of which $760,000 shall remain available
+until September 30, 2027;
(13) $4,000,000 shall be available for technical and
-certification assistance for the HUBZone program established
-under section 31 of the Small Business Act (15 U.S.C. 657a), of
-which $800,000 shall remain available until September 30, 2027;
-(14) $2,000,000 shall be available to provide
-entrepreneurship education, of which $400,000 shall remain
-available until September 30, 2027;
+certification assistance for the HUBZone program established under
+section 31 of the Small Business Act (15 U.S.C. 657a), of which
+$800,000 shall remain available until September 30, 2027;
+(14) $2,000,000 shall be available to provide entrepreneurship
+education, of which $400,000 shall remain available until September
+30, 2027;
(15) $3,000,000 shall be available to make grants under the
-Cybersecurity for Small Businesses Pilot Program, of which
-$600,000 shall remain available until September 30, 2027; and
+Cybersecurity for Small Businesses Pilot Program, of which $600,000
+shall remain available until September 30, 2027; and
(16) $1,500,000 shall be available for the National Women's
Business Council established under section 405 of the Women's
-Business Ownership Act of 1988 (15 U.S.C. 7105), of which
-$300,000 shall remain available until September 30, 2027.
+Business Ownership Act of 1988 (15 U.S.C. 7105), of which $300,000
+shall remain available until September 30, 2027.
office of inspector general
@@ -16973,16 +16691,15 @@
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
-organization as described in section 501(c) of the Internal
-Revenue Code of 1986 and exempt from taxation under section
-501(a) of such Code from the Department of the Treasury or the
-Internal Revenue Service.
+organization as described in section 501(c) of the Internal Revenue
+Code of 1986 and exempt from taxation under section 501(a) of such
+Code from the Department of the Treasury or the Internal Revenue
+Service.
(b) Subsection (a) shall not apply--
-(1) in the case of an official background investigation
-report, if such individual has given express written consent
-for such request not more than 6 months prior to the date of
-such request and during the same presidential administration;
-or
+(1) in the case of an official background investigation report,
+if such individual has given express written consent for such
+request not more than 6 months prior to the date of such request
+and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
@@ -17042,27 +16759,26 @@
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
-(A) the Judicial Officers' Retirement Fund (28
-U.S.C. 377(o));
-(B) the Judicial Survivors' Annuities Fund (28
-U.S.C. 376(c)); and
-(C) the United States Court of Federal Claims
-Judges' Retirement Fund (28 U.S.C. 178(l)).
+(A) the Judicial Officers' Retirement Fund (28 U.S.C.
+377(o));
+(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
+376(c)); and
+(C) the United States Court of Federal Claims Judges'
+Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
-employees, as authorized by chapter 89 of title 5,
-United States Code, and the Retired Federal Employees
-Health Benefits Act (74 Stat. 849); and
+employees, as authorized by chapter 89 of title 5, United
+States Code, and the Retired Federal Employees Health Benefits
+Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
-employees retiring after December 31, 1989 (5 U.S.C.
-ch. 87).
+employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
-increased annuity benefits under the Civil Service Retirement
-and Disability Fund (5 U.S.C. 8348).
-(5) Payment of annuities authorized to be paid from the
-Civil Service Retirement and Disability Fund by statutory
-provisions other than subchapter III of chapter 83 or chapter
-84 of title 5, United States Code.
+increased annuity benefits under the Civil Service Retirement and
+Disability Fund (5 U.S.C. 8348).
+(5) Payment of annuities authorized to be paid from the Civil
+Service Retirement and Disability Fund by statutory provisions
+other than subchapter III of chapter 83 or chapter 84 of title 5,
+United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
@@ -17180,8 +16896,8 @@
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, shall clearly state--
-(1) the percentage of the total costs of the program or
-project which will be financed with Federal money;
+(1) the percentage of the total costs of the program or project
+which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
@@ -17298,16 +17014,15 @@
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
-(1) Acquisition, waste reduction and prevention, and
-recycling programs as described in Executive Order No. 14057
-(December 8, 2021), including any such programs adopted prior
-to the effective date of the Executive order.
+(1) Acquisition, waste reduction and prevention, and recycling
+programs as described in Executive Order No. 14057 (December 8,
+2021), including any such programs adopted prior to the effective
+date of the Executive order.
(2) Other Federal agency environmental management programs,
-including, but not limited to, the development and
-implementation of hazardous waste management and pollution
-prevention programs.
-(3) Other employee programs as authorized by law or as
-deemed appropriate by the head of the Federal agency.
+including, but not limited to, the development and implementation
+of hazardous waste management and pollution prevention programs.
+(3) Other employee programs as authorized by law or as deemed
+appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
@@ -17369,43 +17084,40 @@
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
-(1) prohibits or prevents, or attempts or threatens to
-prohibit or prevent, any other officer or employee of the
-Federal Government from having any direct oral or written
-communication or contact with any Member, committee, or
-subcommittee of the Congress in connection with any matter
-pertaining to the employment of such other officer or employee
-or pertaining to the department or agency of such other officer
-or employee in any way, irrespective of whether such
-communication or contact is at the initiative of such other
-officer or employee or in response to the request or inquiry of
-such Member, committee, or subcommittee; or
-(2) removes, suspends from duty without pay, demotes,
-reduces in rank, seniority, status, pay, or performance or
-efficiency rating, denies promotion to, relocates, reassigns,
-transfers, disciplines, or discriminates in regard to any
-employment right, entitlement, or benefit, or any term or
-condition of employment of, any other officer or employee of
-the Federal Government, or attempts or threatens to commit any
-of the foregoing actions with respect to such other officer or
-employee, by reason of any communication or contact of such
-other officer or employee with any Member, committee, or
-subcommittee of the Congress as described in paragraph (1).
+(1) prohibits or prevents, or attempts or threatens to prohibit
+or prevent, any other officer or employee of the Federal Government
+from having any direct oral or written communication or contact
+with any Member, committee, or subcommittee of the Congress in
+connection with any matter pertaining to the employment of such
+other officer or employee or pertaining to the department or agency
+of such other officer or employee in any way, irrespective of
+whether such communication or contact is at the initiative of such
+other officer or employee or in response to the request or inquiry
+of such Member, committee, or subcommittee; or
+(2) removes, suspends from duty without pay, demotes, reduces
+in rank, seniority, status, pay, or performance or efficiency
+rating, denies promotion to, relocates, reassigns, transfers,
+disciplines, or discriminates in regard to any employment right,
+entitlement, or benefit, or any term or condition of employment of,
+any other officer or employee of the Federal Government, or
+attempts or threatens to commit any of the foregoing actions with
+respect to such other officer or employee, by reason of any
+communication or contact of such other officer or employee with any
+Member, committee, or subcommittee of the Congress as described in
+paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
-(1) does not meet identified needs for knowledge, skills,
-and abilities bearing directly upon the performance of official
-duties;
-(2) contains elements likely to induce high levels of
-emotional response or psychological stress in some
-participants;
-(3) does not require prior employee notification of the
-content and methods to be used in the training and written end
-of course evaluation;
-(4) contains any methods or content associated with
-religious or quasi-religious belief systems or ``new age''
-belief systems as defined in Equal Employment Opportunity
-Commission Notice N-915.022, dated September 2, 1988; or
+(1) does not meet identified needs for knowledge, skills, and
+abilities bearing directly upon the performance of official duties;
+(2) contains elements likely to induce high levels of emotional
+response or psychological stress in some participants;
+(3) does not require prior employee notification of the content
+and methods to be used in the training and written end of course
+evaluation;
+(4) contains any methods or content associated with religious
+or quasi-religious belief systems or ``new age'' belief systems as
+defined in Equal Employment Opportunity Commission Notice N-
+915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
@@ -17434,10 +17146,10 @@
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
-(1) means an Executive agency, as defined under 5 U.S.C.
-105; and
-(2) includes a military department, as defined under
-section 102 of such title and the United States Postal Service.
+(1) means an Executive agency, as defined under 5 U.S.C. 105;
+and
+(2) includes a military department, as defined under section
+102 of such title and the United States Postal Service.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
@@ -17528,16 +17240,14 @@
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
-derived from any means, that includes any personally
-identifiable information relating to an individual's access to
-or use of any Federal Government Internet site of the agency;
-or
-(2) to enter into any agreement with a third party
-(including another government agency) to collect, review, or
-obtain any aggregation of data, derived from any means, that
-includes any personally identifiable information relating to an
-individual's access to or use of any nongovernmental Internet
-site.
+derived from any means, that includes any personally identifiable
+information relating to an individual's access to or use of any
+Federal Government Internet site of the agency; or
+(2) to enter into any agreement with a third party (including
+another government agency) to collect, review, or obtain any
+aggregation of data, derived from any means, that includes any
+personally identifiable information relating to an individual's
+access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
@@ -17546,19 +17256,18 @@
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
-(4) any action described in subsection (a)(1) that is a
-system security action taken by the operator of an Internet
-site and is necessarily incident to providing the Internet site
-services or to protecting the rights or property of the
-provider of the Internet site.
+(4) any action described in subsection (a)(1) that is a system
+security action taken by the operator of an Internet site and is
+necessarily incident to providing the Internet site services or to
+protecting the rights or property of the provider of the Internet
+site.
(c) Definitions.--For the purposes of this section:
-(1) The term ``regulatory'' means agency actions to
-implement, interpret or enforce authorities provided in law.
-(2) The term ``supervisory'' means examinations of the
-agency's supervised institutions, including assessing safety
-and soundness, overall financial condition, management
-practices and policies and compliance with applicable standards
-as provided in law.
+(1) The term ``regulatory'' means agency actions to implement,
+interpret or enforce authorities provided in law.
+(2) The term ``supervisory'' means examinations of the agency's
+supervised institutions, including assessing safety and soundness,
+overall financial condition, management practices and policies and
+compliance with applicable standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
@@ -17567,9 +17276,8 @@
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
-(2) any existing or future plan, if the carrier for the
-plan objects to such coverage on the basis of religious
-beliefs.
+(2) any existing or future plan, if the carrier for the plan
+objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
@@ -17624,28 +17332,27 @@
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
-(1) In general.--Any Secretary shall waive subsection (a)
-with respect to any Federal Government contract under the
-authority of such Secretary if the Secretary determines that
-the waiver is required in the interest of national security.
-(2) Report to congress.--Any Secretary issuing a waiver
-under paragraph (1) shall report such issuance to Congress.
+(1) In general.--Any Secretary shall waive subsection (a) with
+respect to any Federal Government contract under the authority of
+such Secretary if the Secretary determines that the waiver is
+required in the interest of national security.
+(2) Report to congress.--Any Secretary issuing a waiver under
+paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2026, for each employee who--
-(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
-title 5, United States Code; or
+(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
+5, United States Code; or
(2) retires under any other provision of subchapter III of
-chapter 83 or chapter 84 of such title 5 and receives a payment
-as an incentive to separate, the separating agency shall remit
-to the Civil Service Retirement and Disability Fund an amount
-equal to the Office of Personnel Management's average unit cost
-of processing a retirement claim for the preceding fiscal year.
-Such amounts shall be available until expended to the Office of
-Personnel Management and shall be deemed to be an
-administrative expense under section 8348(a)(1)(B) of title 5,
-United States Code.
+chapter 83 or chapter 84 of such title 5 and receives a payment as
+an incentive to separate, the separating agency shall remit to the
+Civil Service Retirement and Disability Fund an amount equal to the
+Office of Personnel Management's average unit cost of processing a
+retirement claim for the preceding fiscal year. Such amounts shall
+be available until expended to the Office of Personnel Management
+and shall be deemed to be an administrative expense under section
+8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
@@ -17653,16 +17360,15 @@
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
-directors, or any of its affiliates or subsidiaries to a
-candidate for election for Federal office or to a political
-committee, or that is otherwise made with respect to any
-election for Federal office.
-(2) Any disbursement of funds (other than a payment
-described in paragraph (1)) made by the entity, its officers or
-directors, or any of its affiliates or subsidiaries to any
-person with the intent or the reasonable expectation that the
-person will use the funds to make a payment described in
-paragraph (1).
+directors, or any of its affiliates or subsidiaries to a candidate
+for election for Federal office or to a political committee, or
+that is otherwise made with respect to any election for Federal
+office.
+(2) Any disbursement of funds (other than a payment described
+in paragraph (1)) made by the entity, its officers or directors, or
+any of its affiliates or subsidiaries to any person with the intent
+or the reasonable expectation that the person will use the funds to
+make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
@@ -17682,26 +17388,24 @@
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
-fiscal years until the normal effective date of the applicable
-wage survey adjustment that is to take effect in fiscal year
-2026, in an amount that exceeds the rate payable for the
-applicable grade and step of the applicable wage schedule in
-accordance with such section; and
+fiscal years until the normal effective date of the applicable wage
+survey adjustment that is to take effect in fiscal year 2026, in an
+amount that exceeds the rate payable for the applicable grade and
+step of the applicable wage schedule in accordance with such
+section; and
(B) during the period consisting of the remainder of fiscal
-year 2026, in an amount that exceeds, as a result of a wage
-survey adjustment, the rate payable under subparagraph (A) by
-more than the sum of--
-(i) the percentage adjustment taking effect in
-fiscal year 2026 under section 5303 of title 5, United
-States Code, in the rates of pay under the General
-Schedule; and
-(ii) the difference between the overall average
-percentage of the locality-based comparability payments
-taking effect in fiscal year 2026 under section 5304 of
-such title (whether by adjustment or otherwise), and
-the overall average percentage of such payments which
-was effective in the previous fiscal year under such
-section.
+year 2026, in an amount that exceeds, as a result of a wage survey
+adjustment, the rate payable under subparagraph (A) by more than
+the sum of--
+(i) the percentage adjustment taking effect in fiscal year
+2026 under section 5303 of title 5, United States Code, in the
+rates of pay under the General Schedule; and
+(ii) the difference between the overall average percentage
+of the locality-based comparability payments taking effect in
+fiscal year 2026 under section 5304 of such title (whether by
+adjustment or otherwise), and the overall average percentage of
+such payments which was effective in the previous fiscal year
+under such section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
@@ -17738,19 +17442,19 @@
basic pay for the statutory pay systems that take place in fiscal year
2026 under sections 5344 and 5348 of title 5, United States Code, shall
be--
-(1) not less than the percentage received by employees in
-the same location whose rates of basic pay are adjusted
-pursuant to the statutory pay systems under sections 5303 and
-5304 of title 5, United States Code: Provided, That prevailing
-rate employees at locations where there are no employees whose
-pay is increased pursuant to sections 5303 and 5304 of title 5,
-United States Code, and prevailing rate employees described in
-section 5343(a)(5) of title 5, United States Code, shall be
-considered to be located in the pay locality designated as
-``Rest of United States'' pursuant to section 5304 of title 5,
-United States Code, for purposes of this subsection; and
-(2) effective as of the first day of the first applicable
-pay period beginning after September 30, 2025.
+(1) not less than the percentage received by employees in the
+same location whose rates of basic pay are adjusted pursuant to the
+statutory pay systems under sections 5303 and 5304 of title 5,
+United States Code: Provided, That prevailing rate employees at
+locations where there are no employees whose pay is increased
+pursuant to sections 5303 and 5304 of title 5, United States Code,
+and prevailing rate employees described in section 5343(a)(5) of
+title 5, United States Code, shall be considered to be located in
+the pay locality designated as ``Rest of United States'' pursuant
+to section 5304 of title 5, United States Code, for purposes of
+this subsection; and
+(2) effective as of the first day of the first applicable pay
+period beginning after September 30, 2025.
Sec. 738. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
@@ -17767,17 +17471,17 @@
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
-(C) the cost of employee or contractor travel to
-and from the conference; and
-(D) a discussion of the methodology used to
-determine which costs relate to the conference; and
+(C) the cost of employee or contractor travel to and from
+the conference; and
+(D) a discussion of the methodology used to determine which
+costs relate to the conference; and
(4) a description of the contracting procedures used
including--
-(A) whether contracts were awarded on a competitive
-basis; and
-(B) a discussion of any cost comparison conducted
-by the departmental component or office in evaluating
-potential contractors for the conference.
+(A) whether contracts were awarded on a competitive basis;
+and
+(B) a discussion of any cost comparison conducted by the
+departmental component or office in evaluating potential
+contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
@@ -17918,13 +17622,13 @@
or ambassador at large is subject to subsection (b) in the same manner
as other employees who are paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
-(A) a noncareer appointee in the Senior Executive Service
-paid a rate of basic pay at or above the official rate for
-level IV of the Executive Schedule; or
-(B) a limited term appointee or limited emergency appointee
-in the Senior Executive Service serving under a political
-appointment and paid a rate of basic pay at or above the
-official rate for level IV of the Executive Schedule.
+(A) a noncareer appointee in the Senior Executive Service paid
+a rate of basic pay at or above the official rate for level IV of
+the Executive Schedule; or
+(B) a limited term appointee or limited emergency appointee in
+the Senior Executive Service serving under a political appointment
+and paid a rate of basic pay at or above the official rate for
+level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) may not receive a
pay rate increase during calendar year 2026, except as provided in
@@ -17991,16 +17695,15 @@
the United States Government shall notify the Committees on
Appropriations and the Budget of the House of Representatives and the
Senate and any other appropriate congressional committees if--
-(1) an apportionment is not made in the required time
-period provided in section 1513(b) of title 31, United States
-Code;
+(1) an apportionment is not made in the required time period
+provided in section 1513(b) of title 31, United States Code;
(2) an approved apportionment received by the department or
-agency conditions the availability of an appropriation on
-further action; or
+agency conditions the availability of an appropriation on further
+action; or
(3) an approved apportionment received by the department or
-agency may hinder the prudent obligation of such appropriation
-or the execution of a program, project, or activity by such
-department or agency.
+agency may hinder the prudent obligation of such appropriation or
+the execution of a program, project, or activity by such department
+or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying the
bureau, account name, appropriation name, and Treasury Appropriation
@@ -18115,22 +17818,21 @@
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
-(2) eliminates a program, project, or responsibility
-center;
+(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
-(4) increases funds or personnel by any means for any
-program, project, or responsibility center for which funds have
-been denied or restricted;
-(5) re-establishes any program or project previously
-deferred through reprogramming;
-(6) augments any existing program, project, or
-responsibility center through a reprogramming of funds in
-excess of $3,000,000 or 10 percent, whichever is less; or
+(4) increases funds or personnel by any means for any program,
+project, or responsibility center for which funds have been denied
+or restricted;
+(5) re-establishes any program or project previously deferred
+through reprogramming;
+(6) augments any existing program, project, or responsibility
+center through a reprogramming of funds in excess of $3,000,000 or
+10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
-specific program, project or responsibility center, unless
-prior approval is received from the Committees on
-Appropriations of the House of Representatives and the Senate.
+specific program, project or responsibility center, unless prior
+approval is received from the Committees on Appropriations of the
+House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2026.
@@ -18149,28 +17851,25 @@
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
-Department who resides in the District of Columbia or is
-otherwise designated by the Chief of the Department;
-(2) at the discretion of the Fire Chief, an officer or
-employee of the District of Columbia Fire and Emergency Medical
-Services Department who resides in the District of Columbia and
-is on call 24 hours a day;
+Department who resides in the District of Columbia or is otherwise
+designated by the Chief of the Department;
+(2) at the discretion of the Fire Chief, an officer or employee
+of the District of Columbia Fire and Emergency Medical Services
+Department who resides in the District of Columbia and is on call
+24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
-Department of Corrections who resides in the District of
-Columbia and is on call 24 hours a day;
-(4) at the discretion of the Chief Medical Examiner, an
-officer or employee of the Office of the Chief Medical Examiner
-who resides in the District of Columbia and is on call 24 hours
-a day;
-(5) at the discretion of the Director of the Homeland
-Security and Emergency Management Agency, an officer or
-employee of the Homeland Security and Emergency Management
-Agency who resides in the District of Columbia and is on call
-24 hours a day;
+Department of Corrections who resides in the District of Columbia
+and is on call 24 hours a day;
+(4) at the discretion of the Chief Medical Examiner, an officer
+or employee of the Office of the Chief Medical Examiner who resides
+in the District of Columbia and is on call 24 hours a day;
+(5) at the discretion of the Director of the Homeland Security
+and Emergency Management Agency, an officer or employee of the
+Homeland Security and Emergency Management Agency who resides in
+the District of Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
-(7) the Chairman of the Council of the District of
-Columbia.
+(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
@@ -18296,13 +17995,12 @@
(e) This section shall not apply to a project or activity during
any period of fiscal year 2027 if any other provision of law (other
than an authorization of appropriations)--
-(1) makes an appropriation, makes funds available, or
-grants authority for such project or activity to continue for
-such period; or
-(2) specifically provides that no appropriation shall be
-made, no funds shall be made available, or no authority shall
-be granted for such project or activity to continue for such
-period.
+(1) makes an appropriation, makes funds available, or grants
+authority for such project or activity to continue for such period;
+or
+(2) specifically provides that no appropriation shall be made,
+no funds shall be made available, or no authority shall be granted
+for such project or activity to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
@@ -18351,45 +18049,41 @@
Sec. 820. The District of Columbia College Access Act of 1999
(sec. 38-2701 et seq., D.C. Official Code), is amended--
(1) in section 3--
-(A) in subsection (a)(2)(A), by striking
-``$10,000'' and inserting ``$15,000'';
-(B) in subsection (a)(2)(B), by striking
-``$50,000'' and inserting ``$75,000''; and
+(A) in subsection (a)(2)(A), by striking ``$10,000'' and
+inserting ``$15,000'';
+(B) in subsection (a)(2)(B), by striking ``$50,000'' and
+inserting ``$75,000''; and
(C) in subsection (b)(1)--
-(i) in subparagraph (A), by striking ``;
-and'' and inserting a semicolon;
-(ii) by redesignating subparagraph (B) as
-subparagraph (C);
-(iii) by inserting after subparagraph (A)
-the following new subparagraph: ``(B) after
-making reductions under subparagraph (A),
-ratably reduce the amount of the tuition and
-fee payment of each eligible student who
-receives more than $10,000 for the award year;
-and''; and
-(iv) in subparagraph (C), as so
-redesignated, by striking ``subparagraph (A)''
-and inserting ``subparagraph (B)''; and
+(i) in subparagraph (A), by striking ``; and'' and
+inserting a semicolon;
+(ii) by redesignating subparagraph (B) as subparagraph
+(C);
+(iii) by inserting after subparagraph (A) the following
+new subparagraph: ``(B) after making reductions under
+subparagraph (A), ratably reduce the amount of the tuition
+and fee payment of each eligible student who receives more
+than $10,000 for the award year; and''; and
+(iv) in subparagraph (C), as so redesignated, by
+striking ``subparagraph (A)'' and inserting ``subparagraph
+(B)''; and
(2) in section 5--
-(A) in subsection (a)(2)(A), by striking ``$2,500''
-and inserting ``$3,750'';
-(B) in subsection (a)(2)(B), by striking
-``$12,500'' and inserting ``$18,750''; and
+(A) in subsection (a)(2)(A), by striking ``$2,500'' and
+inserting ``$3,750'';
+(B) in subsection (a)(2)(B), by striking ``$12,500'' and
+inserting ``$18,750''; and
(C) in subsection (b)(1)--
-(i) in subparagraph (A), by striking ``;
-and'' and inserting a semicolon;
-(ii) by redesignating subparagraph (B) as
-subparagraph (C);
-(iii) by inserting after subparagraph (A)
-the following new subparagraph: ``(B) after
-making reductions under subparagraph (A),
-ratably reduce the amount of the tuition and
-fee payment of each eligible student who
-receives more than $2,500 for the award year;
-and''; and
-(iv) in subparagraph (C), as so
-redesignated, by striking ``subparagraph (A)''
-and inserting ``subparagraph (B)''.
+(i) in subparagraph (A), by striking ``; and'' and
+inserting a semicolon;
+(ii) by redesignating subparagraph (B) as subparagraph
+(C);
+(iii) by inserting after subparagraph (A) the following
+new subparagraph: ``(B) after making reductions under
+subparagraph (A), ratably reduce the amount of the tuition
+and fee payment of each eligible student who receives more
+than $2,500 for the award year; and''; and
+(iv) in subparagraph (C), as so redesignated, by
+striking ``subparagraph (A)'' and inserting ``subparagraph
+(B)''.
Sec. 821. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
@@ -18418,30 +18112,28 @@
through (4), as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
-without regard to civil service and classification laws of
-persons on a temporary basis (not to exceed $700,000), as
-authorized by section 801 of the United States Information and
-Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
-$3,987,233,000, of which up to $724,204,000 is for Worldwide
-Security Protection.
-(2) Overseas programs.--For necessary expenses for the
-regional bureaus of the Department of State and overseas
-activities as authorized by law, $1,437,707,000.
-(3) Diplomatic policy and support.--For necessary expenses
-for the functional bureaus of the Department of State,
-including representation to certain international organizations
-in which the United States participates pursuant to treaties
-ratified pursuant to the advice and consent of the Senate or
-specific Acts of Congress, general administration, and arms
-control, nonproliferation, and disarmament activities as
-authorized, $871,645,000.
+without regard to civil service and classification laws of persons
+on a temporary basis (not to exceed $700,000), as authorized by
+section 801 of the United States Information and Educational
+Exchange Act of 1948 (62 Stat. 11; Chapter 36), $3,987,233,000, of
+which up to $724,204,000 is for Worldwide Security Protection.
+(2) Overseas programs.--For necessary expenses for the regional
+bureaus of the Department of State and overseas activities as
+authorized by law, $1,437,707,000.
+(3) Diplomatic policy and support.--For necessary expenses for
+the functional bureaus of the Department of State, including
+representation to certain international organizations in which the
+United States participates pursuant to treaties ratified pursuant
+to the advice and consent of the Senate or specific Acts of
+Congress, general administration, and arms control,
+nonproliferation, and disarmament activities as authorized,
+$871,645,000.
(4) Security programs.--For necessary expenses for security
-activities, $3,061,651,000, of which up to $3,034,632,000 is
-for Worldwide Security Protection.
-(5) Reprogramming.--Notwithstanding any other provision of
-this Act, funds may be reprogrammed within and between
-paragraphs (1) through (4) under this heading subject to
-section 7015 of this Act.
+activities, $3,061,651,000, of which up to $3,034,632,000 is for
+Worldwide Security Protection.
+(5) Reprogramming.--Notwithstanding any other provision of this
+Act, funds may be reprogrammed within and between paragraphs (1)
+through (4) under this heading subject to section 7015 of this Act.
consular and border security programs
@@ -19637,16 +19329,15 @@
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000); and
(2) $740,250,000 shall remain available until September 30,
-2028, for the activities described in subsections (b), (c),
-(e), (f), and (g) of section 1421 of the BUILD Act of 2018,
-except such amounts obligated in a fiscal year for activities
-described in section 1421(c) of such Act shall remain available
-for disbursement for the term of the underlying project:
-Provided further, That amounts made available under this
-paragraph may be paid to the ``United States International
-Development Finance Corporation--Program Account'' for programs
-authorized by subsections (b), (e), (f), and (g) of section
-1421 of the BUILD Act of 2018:
+2028, for the activities described in subsections (b), (c), (e),
+(f), and (g) of section 1421 of the BUILD Act of 2018, except such
+amounts obligated in a fiscal year for activities described in
+section 1421(c) of such Act shall remain available for disbursement
+for the term of the underlying project: Provided further, That
+amounts made available under this paragraph may be paid to the
+``United States International Development Finance Corporation--
+Program Account'' for programs authorized by subsections (b), (e),
+(f), and (g) of section 1421 of the BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation
with the appropriate congressional committees and the regular
@@ -19785,20 +19476,20 @@
available by such savings shall be subject to prior consultation with
the Committees on Appropriations.
(c) Interim and Temporary Facilities Abroad.--
-(1) Security vulnerabilities.--Funds appropriated by this
-Act under the heading ``Embassy Security, Construction, and
-Maintenance'' may be made available, following consultation
-with the appropriate congressional committees, to address
-security vulnerabilities at interim and temporary United States
-diplomatic facilities abroad, including physical security
-upgrades and local guard staffing.
+(1) Security vulnerabilities.--Funds appropriated by this Act
+under the heading ``Embassy Security, Construction, and
+Maintenance'' may be made available, following consultation with
+the appropriate congressional committees, to address security
+vulnerabilities at interim and temporary United States diplomatic
+facilities abroad, including physical security upgrades and local
+guard staffing.
(2) Consultation.--The opening, closure, or any significant
-modification to an interim or temporary United States
-diplomatic facility shall be subject to prior consultation with
-the appropriate congressional committees and the regular
-notification procedures of the Committees on Appropriations,
-except that such consultation and notification may be waived if
-there is a security risk to personnel.
+modification to an interim or temporary United States diplomatic
+facility shall be subject to prior consultation with the
+appropriate congressional committees and the regular notification
+procedures of the Committees on Appropriations, except that such
+consultation and notification may be waived if there is a security
+risk to personnel.
(d) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
@@ -19872,121 +19563,112 @@
Sec. 7009. (a) Department of State.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
-appropriation made available for the current fiscal
-year for the Department of State under title I of this
-Act may be transferred between, and merged with, such
-appropriations, but no such appropriation, except as
-otherwise specifically provided, shall be increased by
-more than 10 percent by any such transfers, and no such
-transfer may be made to increase the appropriation
-under the heading ``Representation Expenses''.
+appropriation made available for the current fiscal year for
+the Department of State under title I of this Act may be
+transferred between, and merged with, such appropriations, but
+no such appropriation, except as otherwise specifically
+provided, shall be increased by more than 10 percent by any
+such transfers, and no such transfer may be made to increase
+the appropriation under the heading ``Representation
+Expenses''.
(B) Embassy security.--Funds appropriated under the
-headings ``Diplomatic Programs'', including for
-Worldwide Security Protection, ``Embassy Security,
-Construction, and Maintenance'', and ``Emergencies in
-the Diplomatic and Consular Service'' in this Act may
-be transferred to, and merged with, funds appropriated
-under such headings if the Secretary of State
-determines and reports to the Committees on
-Appropriations that to do so is necessary to implement
-the recommendations of the Benghazi Accountability
-Review Board, for emergency evacuations, or to prevent
-or respond to security situations and requirements,
-subject to the regular notification procedures of such
-Committees.
-(C) Emergencies in the diplomatic and consular
-service.--Of the amount made available under the
-heading ``Diplomatic Programs'' for Worldwide Security
-Protection, not to exceed $50,000,000 may be
-transferred to, and merged with, funds made available
-by this Act under the heading ``Emergencies in the
-Diplomatic and Consular Service'', to be available only
-for emergency evacuations and rewards, as authorized.
-(D) Capital investment fund.--Of the amount made
-available under the heading, ``Diplomatic Programs'',
-up to $50,000,000 may be transferred to, and merged
-with, funds made available in title I of this Act under
-the heading ``Capital Investment Fund''.
-(E) Prior consultation.--The transfer authorities
-provided by subparagraphs (B), (C), and (D) are in
-addition to any transfer authority otherwise available
-in this Act and under any other provision of law and
-the exercise of such authority shall be subject to
-prior consultation with the Committees on
+headings ``Diplomatic Programs'', including for Worldwide
+Security Protection, ``Embassy Security, Construction, and
+Maintenance'', and ``Emergencies in the Diplomatic and Consular
+Service'' in this Act may be transferred to, and merged with,
+funds appropriated under such headings if the Secretary of
+State determines and reports to the Committees on
+Appropriations that to do so is necessary to implement the
+recommendations of the Benghazi Accountability Review Board,
+for emergency evacuations, or to prevent or respond to security
+situations and requirements, subject to the regular
+notification procedures of such Committees.
+(C) Emergencies in the diplomatic and consular service.--Of
+the amount made available under the heading ``Diplomatic
+Programs'' for Worldwide Security Protection, not to exceed
+$50,000,000 may be transferred to, and merged with, funds made
+available by this Act under the heading ``Emergencies in the
+Diplomatic and Consular Service'', to be available only for
+emergency evacuations and rewards, as authorized.
+(D) Capital investment fund.--Of the amount made available
+under the heading, ``Diplomatic Programs'', up to $50,000,000
+may be transferred to, and merged with, funds made available in
+title I of this Act under the heading ``Capital Investment
+Fund''.
+(E) Prior consultation.--The transfer authorities provided
+by subparagraphs (B), (C), and (D) are in addition to any
+transfer authority otherwise available in this Act and under
+any other provision of law and the exercise of such authority
+shall be subject to prior consultation with the Committees on
Appropriations.
-(2) Reorganization.--Funds appropriated by this Act and
-prior Acts making appropriations for the Department of State,
-foreign operations, and related programs under the headings
-``Administration of Foreign Affairs'' in title I and
-``Operating Expenses'' in title II may be transferred to and
-between accounts under such headings if the Secretary of State
-determines such transfer is necessary to implement a
-reorganization, redesign, or other plan as defined by section
-7063(b) of this Act that is expressly authorized by a
-subsequent Act of Congress: Provided, That such transfer
-authority is in addition to any other transfer authority
-provided by this Act or any other Act and is subject to prior
-consultation with, and the regular notification procedures of,
-the Committees on Appropriations.
-(3) Treatment as reprogramming.--Any transfer pursuant to
-this subsection shall be treated as a reprogramming of funds
-under section 7015 of this Act and shall not be available for
-obligation or expenditure except in compliance with the
-procedures set forth in that section.
+(2) Reorganization.--Funds appropriated by this Act and prior
+Acts making appropriations for the Department of State, foreign
+operations, and related programs under the headings
+``Administration of Foreign Affairs'' in title I and ``Operating
+Expenses'' in title II may be transferred to and between accounts
+under such headings if the Secretary of State determines such
+transfer is necessary to implement a reorganization, redesign, or
+other plan as defined by section 7063(b) of this Act that is
+expressly authorized by a subsequent Act of Congress: Provided,
+That such transfer authority is in addition to any other transfer
+authority provided by this Act or any other Act and is subject to
+prior consultation with, and the regular notification procedures
+of, the Committees on Appropriations.
+(3) Treatment as reprogramming.--Any transfer pursuant to this
+subsection shall be treated as a reprogramming of funds under
+section 7015 of this Act and shall not be available for obligation
+or expenditure except in compliance with the procedures set forth
+in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
-(1) In general.--None of the funds made available under
-titles II through V of this Act may be transferred to any
-department, agency, or instrumentality of the United States
-Government, except pursuant to a transfer made by, or transfer
-authority provided in, this Act or any other appropriations
-Act.
-(2) Allocation and transfers.--Notwithstanding paragraph
-(1), in addition to transfers made by, or authorized elsewhere
-in, this Act, funds appropriated by this Act to carry out the
-purposes of the Foreign Assistance Act of 1961 may be allocated
-or transferred to agencies of the United States Government
-pursuant to the provisions of sections 109, 610, and 632 of the
-Foreign Assistance Act of 1961, and section 1434(j) of the
-BUILD Act of 2018 (division F of Public Law 115-254).
-(3) Notification.--Any agreement entered into by the
-Department of State with any department, agency, or
-instrumentality of the United States Government pursuant to
-section 632(b) of the Foreign Assistance Act of 1961 valued in
-excess of $2,000,000 and any agreement made pursuant to section
-632(a) of such Act, with funds appropriated by this Act or
-prior Acts making appropriations for the Department of State,
-foreign operations, and related programs under the headings
-``Global Health Programs'', ``Development Assistance'',
-``Economic Support Fund'', ``National Security Investment
-Programs'', ``Assistance for Europe, Eurasia and Central
-Asia'', and ``International Narcotics Control and Law
-Enforcement'' shall be subject to the regular notification
-procedures of the Committees on Appropriations: Provided, That
-the requirement of this paragraph shall not apply to such
-agreements with a department, agency, or instrumentality funded
-by this Act.
+(1) In general.--None of the funds made available under titles
+II through V of this Act may be transferred to any department,
+agency, or instrumentality of the United States Government, except
+pursuant to a transfer made by, or transfer authority provided in,
+this Act or any other appropriations Act.
+(2) Allocation and transfers.--Notwithstanding paragraph (1),
+in addition to transfers made by, or authorized elsewhere in, this
+Act, funds appropriated by this Act to carry out the purposes of
+the Foreign Assistance Act of 1961 may be allocated or transferred
+to agencies of the United States Government pursuant to the
+provisions of sections 109, 610, and 632 of the Foreign Assistance
+Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division
+F of Public Law 115-254).
+(3) Notification.--Any agreement entered into by the Department
+of State with any department, agency, or instrumentality of the
+United States Government pursuant to section 632(b) of the Foreign
+Assistance Act of 1961 valued in excess of $2,000,000 and any
+agreement made pursuant to section 632(a) of such Act, with funds
+appropriated by this Act or prior Acts making appropriations for
+the Department of State, foreign operations, and related programs
+under the headings ``Global Health Programs'', ``Development
+Assistance'', ``Economic Support Fund'', ``National Security
+Investment Programs'', ``Assistance for Europe, Eurasia and Central
+Asia'', and ``International Narcotics Control and Law Enforcement''
+shall be subject to the regular notification procedures of the
+Committees on Appropriations: Provided, That the requirement of
+this paragraph shall not apply to such agreements with a
+department, agency, or instrumentality funded by this Act.
(4) Prior consultation requirement.--Agreements between the
-Department of State with any department, agency, or
-instrumentality of the United States Government not funded by
-this Act or prior Acts making appropriations for the Department
-of State, foreign operations, and related programs, to transfer
-or allocate funds appropriated under the headings
-``International Humanitarian Assistance'' and ``United States
-Emergency Refugee and Migration Assistance Fund'' in this Act,
-or under the headings ``International Disaster Assistance'',
-``Migration and Refugee Assistance'', and ``United States
-Emergency Refugee and Migration Assistance Fund'' in prior Acts
-making appropriations for the Department of State, foreign
-operations, and related programs shall be subject to prior
-consultation with the Committees on Appropriations, not later
-than 7 days prior to the transfer of such funds, except if to
-do so would pose an immediate and substantial risk to human
-health or welfare: Provided, That in the case of any such
-exception the information required by such consultation shall
-be provided as early as practicable, but in no event later than
-3 days after taking the action to which the consultation
-requirement was applicable, and such information shall include
-a description of the circumstance necessitating such exception.
+Department of State with any department, agency, or instrumentality
+of the United States Government not funded by this Act or prior
+Acts making appropriations for the Department of State, foreign
+operations, and related programs, to transfer or allocate funds
+appropriated under the headings ``International Humanitarian
+Assistance'' and ``United States Emergency Refugee and Migration
+Assistance Fund'' in this Act, or under the headings
+``International Disaster Assistance'', ``Migration and Refugee
+Assistance'', and ``United States Emergency Refugee and Migration
+Assistance Fund'' in prior Acts making appropriations for the
+Department of State, foreign operations, and related programs shall
+be subject to prior consultation with the Committees on
+Appropriations, not later than 7 days prior to the transfer of such
+funds, except if to do so would pose an immediate and substantial
+risk to human health or welfare: Provided, That in the case of any
+such exception the information required by such consultation shall
+be provided as early as practicable, but in no event later than 3
+days after taking the action to which the consultation requirement
+was applicable, and such information shall include a description of
+the circumstance necessitating such exception.
(c) United States International Development Finance Corporation.--
Amounts transferred pursuant to section 1434(j) of the BUILD Act of
2018 (division F of Public Law 115-254) may only be transferred from
@@ -20066,8 +19748,7 @@
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
-(2) are principally for meals and events of a protocol
-nature;
+(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
@@ -20079,9 +19760,9 @@
Programs'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
-substantially of a recreational character, including entrance
-fees at sporting events, theatrical and musical productions,
-and amusement parks.
+substantially of a recreational character, including entrance fees
+at sporting events, theatrical and musical productions, and
+amusement parks.
assistance effectiveness and transparency
@@ -20089,64 +19770,60 @@
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall develop and
submit to the appropriate congressional committees a multi-year
-strategy to improve the effectiveness of United States
-Government foreign assistance.
-(2) Elements.--The strategy required by this subsection
-shall include--
-(A) methods used to determine the effectiveness of
-United States Government foreign assistance;
-(B) analysis on using outcomes to inform the
-allocation of such assistance;
-(C) results of impact evaluations carried out
-within the prior 12 months and a plan for incorporating
-the results of such evaluations into the design of
-future programs funded by such assistance;
-(D) analysis of opportunities to enhance the
-effectiveness of such assistance by increasing
-partnerships with local organizations, including faith-
-based organizations, as appropriate, including specific
-plans to provide grants, cooperative agreements, and
-other awards of not more than $2,000,000, consistent
-with the requirements included in the explanatory
-statement described in section 4 (in the matter
+strategy to improve the effectiveness of United States Government
+foreign assistance.
+(2) Elements.--The strategy required by this subsection shall
+include--
+(A) methods used to determine the effectiveness of United
+States Government foreign assistance;
+(B) analysis on using outcomes to inform the allocation of
+such assistance;
+(C) results of impact evaluations carried out within the
+prior 12 months and a plan for incorporating the results of
+such evaluations into the design of future programs funded by
+such assistance;
+(D) analysis of opportunities to enhance the effectiveness
+of such assistance by increasing partnerships with local
+organizations, including faith-based organizations, as
+appropriate, including specific plans to provide grants,
+cooperative agreements, and other awards of not more than
+$2,000,000, consistent with the requirements included in the
+explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
-(E) estimated costs associated with implementation
-of the strategy.
-(3) Specific reforms.--The strategy required by this
-subsection shall include the following specific reforms--
-(A) an approval process for small grants previously
-managed at the mission level, including public
-diplomacy and cultural preservation programs, by
-respective Chiefs of Mission, the Under Secretary for
-Public Diplomacy and Public Affairs, and the Under
-Secretary of Political Affairs, as appropriate:
-Provided, That for purposes of this section, the term
-``small grants'' means a grant with a value of less
-than $1,000,000;
-(B) a certification process, on a country-by-
-country basis, to ensure that United States assistance
-supports the implementation of a comprehensive
-assistance strategy that promotes American interests
-abroad, including a detailed definition of such
-interests, consistent with the requirements of
-subparagraphs (C) and (D);
-(C) a plan established prior to the obligation of
-United States assistance for the winding down of such
-assistance, as appropriate, including transition and
-sustainment of programs and activities to entities
-other than the United States Government; and
-(D) requirements for co-investment by recipient
-governments and cost matching from sources other than
-the United States Government, including other
-international donors and the private sector, for
-assistance made available by this Act, as appropriate.
+(E) estimated costs associated with implementation of the
+strategy.
+(3) Specific reforms.--The strategy required by this subsection
+shall include the following specific reforms--
+(A) an approval process for small grants previously managed
+at the mission level, including public diplomacy and cultural
+preservation programs, by respective Chiefs of Mission, the
+Under Secretary for Public Diplomacy and Public Affairs, and
+the Under Secretary of Political Affairs, as appropriate:
+Provided, That for purposes of this section, the term ``small
+grants'' means a grant with a value of less than $1,000,000;
+(B) a certification process, on a country-by-country basis,
+to ensure that United States assistance supports the
+implementation of a comprehensive assistance strategy that
+promotes American interests abroad, including a detailed
+definition of such interests, consistent with the requirements
+of subparagraphs (C) and (D);
+(C) a plan established prior to the obligation of United
+States assistance for the winding down of such assistance, as
+appropriate, including transition and sustainment of programs
+and activities to entities other than the United States
+Government; and
+(D) requirements for co-investment by recipient governments
+and cost matching from sources other than the United States
+Government, including other international donors and the
+private sector, for assistance made available by this Act, as
+appropriate.
(4) Concurrent recommendations.--The Secretary shall--
-(A) convene a panel of experts and practitioners to
-make recommendations for the strategy required by this
-subsection; and
-(B) include all such recommendations in an appendix
-to the strategy whether or not they were incorporated
-into the strategy.
+(A) convene a panel of experts and practitioners to make
+recommendations for the strategy required by this subsection;
+and
+(B) include all such recommendations in an appendix to the
+strategy whether or not they were incorporated into the
+strategy.
(5) Consultation.--Not later than 45 days after the date of
enactment of this Act, the Secretary shall consult with the
Committees on Appropriations on the requirements of this
@@ -20229,19 +19906,18 @@
reasonably accommodate such assistance in a programmatically
responsible manner.
(e) Determinations.--
-(1) In general.--The provisions of this section shall not
-apply to any foreign government or entity that assesses such
-taxes if the Secretary of State reports to the Committees on
-Appropriations that--
-(A) such foreign government or entity has an
-effective arrangement that is providing substantial
-reimbursement of such taxes; or
-(B) the foreign policy interests of the United
-States outweigh the purpose of this section to ensure
-that United States assistance is not subject to
-taxation.
-(2) Consultation.--The Secretary of State shall consult
-with the Committees on Appropriations at least 15 days prior to
+(1) In general.--The provisions of this section shall not apply
+to any foreign government or entity that assesses such taxes if the
+Secretary of State reports to the Committees on Appropriations
+that--
+(A) such foreign government or entity has an effective
+arrangement that is providing substantial reimbursement of such
+taxes; or
+(B) the foreign policy interests of the United States
+outweigh the purpose of this section to ensure that United
+States assistance is not subject to taxation.
+(2) Consultation.--The Secretary of State shall consult with
+the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
@@ -20250,18 +19926,17 @@
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
-refers to a framework bilateral agreement between the
-Government of the United States and the government of the
-country receiving assistance that describes the privileges and
-immunities applicable to United States foreign assistance for
-such country generally, or an individual agreement between the
-Government of the United States and such government that
-describes, among other things, the treatment for tax purposes
-that will be accorded the United States assistance provided
-under that agreement.
-(2) Taxes and taxation.--The term ``taxes and taxation''
-shall include value added taxes and customs duties but shall
-not include individual income taxes assessed to local staff.
+refers to a framework bilateral agreement between the Government of
+the United States and the government of the country receiving
+assistance that describes the privileges and immunities applicable
+to United States foreign assistance for such country generally, or
+an individual agreement between the Government of the United States
+and such government that describes, among other things, the
+treatment for tax purposes that will be accorded the United States
+assistance provided under that agreement.
+(2) Taxes and taxation.--The term ``taxes and taxation'' shall
+include value added taxes and customs duties but shall not include
+individual income taxes assessed to local staff.
availability and designated funding levels
@@ -20337,10 +20012,9 @@
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
-(4) results from any general savings, including savings
-from a reduction in personnel, which would result in a change
-in existing programs, projects, or activities as approved by
-Congress;
+(4) results from any general savings, including savings from a
+reduction in personnel, which would result in a change in existing
+programs, projects, or activities as approved by Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
@@ -20375,42 +20049,40 @@
this section shall include information on the use of notwithstanding
authority.
(d) Department of Defense Programs and Funding Notifications.--
-(1) Programs.--None of the funds appropriated by this Act
-or prior Acts making appropriations for the Department of
-State, foreign operations, and related programs may be made
-available to support or continue any program initially funded
-under any authority of title 10, United States Code, or any Act
-making or authorizing appropriations for the Department of
-Defense, unless the Secretary of State, in consultation with
-the Secretary of Defense and in accordance with the regular
-notification procedures of the Committees on Appropriations,
-submits a justification to such Committees that includes a
-description of, and the annual estimated costs associated with,
-the support or continuation of such program.
-(2) Funding.--Funds transferred by the Department of
-Defense to the Department of State for assistance for foreign
-countries and international organizations shall be subject to
-the regular notification procedures of the Committees on
-Appropriations.
+(1) Programs.--None of the funds appropriated by this Act or
+prior Acts making appropriations for the Department of State,
+foreign operations, and related programs may be made available to
+support or continue any program initially funded under any
+authority of title 10, United States Code, or any Act making or
+authorizing appropriations for the Department of Defense, unless
+the Secretary of State, in consultation with the Secretary of
+Defense and in accordance with the regular notification procedures
+of the Committees on Appropriations, submits a justification to
+such Committees that includes a description of, and the annual
+estimated costs associated with, the support or continuation of
+such program.
+(2) Funding.--Funds transferred by the Department of Defense to
+the Department of State for assistance for foreign countries and
+international organizations shall be subject to the regular
+notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
-providing excess Department of Defense articles in accordance
-with section 516(a) of the Foreign Assistance Act of 1961, the
-Department of Defense shall notify the Committees on
-Appropriations to the same extent and under the same conditions
-as other committees pursuant to subsection (f) of that section:
-Provided, That before issuing a letter of offer to sell excess
-defense articles under the Arms Export Control Act, the
-Department of Defense shall notify the Committees on
-Appropriations in accordance with the regular notification
-procedures of such Committees if such defense articles are
-significant military equipment (as defined in section 47(9) of
-the Arms Export Control Act) or are valued (in terms of
-original acquisition cost) at $7,000,000 or more, or if
+providing excess Department of Defense articles in accordance with
+section 516(a) of the Foreign Assistance Act of 1961, the
+Department of Defense shall notify the Committees on Appropriations
+to the same extent and under the same conditions as other
+committees pursuant to subsection (f) of that section: Provided,
+That before issuing a letter of offer to sell excess defense
+articles under the Arms Export Control Act, the Department of
+Defense shall notify the Committees on Appropriations in accordance
+with the regular notification procedures of such Committees if such
+defense articles are significant military equipment (as defined in
+section 47(9) of the Arms Export Control Act) or are valued (in
+terms of original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
-appropriated funds for specific countries that would receive
-such excess defense articles: Provided further, That such
-Committees shall also be informed of the original acquisition
-cost of such defense articles.
+appropriated funds for specific countries that would receive such
+excess defense articles: Provided further, That such Committees
+shall also be informed of the original acquisition cost of such
+defense articles.
(e) Waiver.--Notwithstanding any other provision of law, the
requirements of this section or any similar provision of this Act or
any other Act, including any prior Act, requiring notification in
@@ -20445,37 +20117,35 @@
the Committees on Appropriations, and such notification shall include
the information specified under this section in House Report 119-217.
(h) Other Program Notification Requirements.--
-(1) Other programs.--Funds appropriated by this Act that
-are made available for the following programs and activities
-shall be subject to the regular notification procedures of the
-Committees on Appropriations:
-(A) the Power Africa and Prosper Africa
-initiatives;
+(1) Other programs.--Funds appropriated by this Act that are
+made available for the following programs and activities shall be
+subject to the regular notification procedures of the Committees on
+Appropriations:
+(A) the Power Africa and Prosper Africa initiatives;
(B) the Indo-Pacific Strategy;
-(C) assistance made available pursuant to section
-7066 of this Act;
-(D) the Countering PRC Influence Fund and the
-Countering Russian Influence Fund; and
+(C) assistance made available pursuant to section 7066 of
+this Act;
+(D) the Countering PRC Influence Fund and the Countering
+Russian Influence Fund; and
(E) the America First Opportunity Fund.
(2) Arms sales.--The reports, notifications, and
-certifications, and any other documents, required to be
-submitted pursuant to section 36(a) of the Arms Export Control
-Act (22 U.S.C. 2776), and such documents submitted pursuant to
-section 36(b) through (d) of such Act with respect to countries
-that have received assistance provided with funds appropriated
-by this Act or prior Acts making appropriations for the
-Department of State, foreign operations, and related programs,
-shall be concurrently submitted to the Committees on
-Appropriations and shall include information about the source
-of funds for any sale or transfer, as applicable, if known at
-the time of submission.
+certifications, and any other documents, required to be submitted
+pursuant to section 36(a) of the Arms Export Control Act (22 U.S.C.
+2776), and such documents submitted pursuant to section 36(b)
+through (d) of such Act with respect to countries that have
+received assistance provided with funds appropriated by this Act or
+prior Acts making appropriations for the Department of State,
+foreign operations, and related programs, shall be concurrently
+submitted to the Committees on Appropriations and shall include
+information about the source of funds for any sale or transfer, as
+applicable, if known at the time of submission.
(3) Deobligated balances.--An obligation in excess of
-$2,000,000 from deobligated balances of funds appropriated by
-prior Acts making appropriations for the Department of State,
-foreign operations, and related programs that remain available
-due to the exercise of the authority in section 7011 of such
-Acts shall be subject to the regular notification procedures of
-the Committees on Appropriations.
+$2,000,000 from deobligated balances of funds appropriated by prior
+Acts making appropriations for the Department of State, foreign
+operations, and related programs that remain available due to the
+exercise of the authority in section 7011 of such Acts shall be
+subject to the regular notification procedures of the Committees on
+Appropriations.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
@@ -20515,59 +20185,54 @@
Department of State.
(b) Public Posting of Reports.--
(1) Any Federal agency funded by this Act shall maintain a
-public website, and, except as provided in paragraphs (2) and
-(3), any report required by this Act to be submitted to
-Congress shall be posted on the public website of such agency
-not later than 45 days following the receipt of such report by
-Congress.
+public website, and, except as provided in paragraphs (2) and (3),
+any report required by this Act to be submitted to Congress shall
+be posted on the public website of such agency not later than 45
+days following the receipt of such report by Congress.
(2) Paragraph (1) shall not apply to a report if--
-(A) the head of such agency determines and reports
-to the Committees on Appropriations in the transmittal
-letter accompanying such report that--
-(i) the public posting of the report would
-compromise national security, including the
-conduct of diplomacy; or
-(ii) the report contains proprietary or
-other privileged information; or
-(B) the public posting of the report is
-specifically exempted in House Report 119-217 or the
-explanatory statement described in section 4 (in the
-matter preceding division A of this consolidated Act).
-(3) The agency posting such report shall do so only after
-the report has been made available to the Committees on
-Appropriations.
-(4) The head of the agency posting such report shall do so
-in a central location on the public website of such agency.
+(A) the head of such agency determines and reports to the
+Committees on Appropriations in the transmittal letter
+accompanying such report that--
+(i) the public posting of the report would compromise
+national security, including the conduct of diplomacy; or
+(ii) the report contains proprietary or other
+privileged information; or
+(B) the public posting of the report is specifically
+exempted in House Report 119-217 or the explanatory statement
+described in section 4 (in the matter preceding division A of
+this consolidated Act).
+(3) The agency posting such report shall do so only after the
+report has been made available to the Committees on Appropriations.
+(4) The head of the agency posting such report shall do so in a
+central location on the public website of such agency.
(c) Records Management and Related Cybersecurity Protections.--The
heads of Federal agencies funded under titles I and II of this Act
shall--
-(1) regularly review and update the policies, directives,
-and oversight necessary to comply with Federal statutes,
-regulations, and presidential executive orders and memoranda
-concerning the preservation of all records made or received in
-the conduct of official business, including record emails,
-instant messaging, and other online tools;
+(1) regularly review and update the policies, directives, and
+oversight necessary to comply with Federal statutes, regulations,
+and presidential executive orders and memoranda concerning the
+preservation of all records made or received in the conduct of
+official business, including record emails, instant messaging, and
+other online tools;
(2) use funds appropriated by this Act to improve Federal
-records management pursuant to the Federal Records Act (44
-U.S.C. Chapters 21, 29, 31, and 33) and other applicable
-Federal records management statutes, regulations, or policies
-for such agencies;
+records management pursuant to the Federal Records Act (44 U.S.C.
+Chapters 21, 29, 31, and 33) and other applicable Federal records
+management statutes, regulations, or policies for such agencies;
(3) direct departing employees, including senior officials,
-that all Federal records generated by such employees belong to
-the Federal Government;
-(4) substantially reduce, compared to the previous fiscal
-year, the response time for identifying and retrieving Federal
-records, including requests made pursuant to section 552 of
-title 5, United States Code (commonly known as the ``Freedom of
-Information Act''); and
+that all Federal records generated by such employees belong to the
+Federal Government;
+(4) substantially reduce, compared to the previous fiscal year,
+the response time for identifying and retrieving Federal records,
+including requests made pursuant to section 552 of title 5, United
+States Code (commonly known as the ``Freedom of Information Act'');
+and
(5) strengthen cybersecurity measures to mitigate
-vulnerabilities, including those resulting from the use of
-personal email accounts or servers outside the .gov domain,
-improve the process to identify and remove inactive user
-accounts, update and enforce guidance related to the control of
-national security information, and implement the
-recommendations of the applicable reports of the cognizant
-Office of Inspector General.
+vulnerabilities, including those resulting from the use of personal
+email accounts or servers outside the .gov domain, improve the
+process to identify and remove inactive user accounts, update and
+enforce guidance related to the control of national security
+information, and implement the recommendations of the applicable
+reports of the cognizant Office of Inspector General.
use of funds in contravention of this act
@@ -20634,24 +20299,23 @@
subsection (b) may only take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
-(A) funds for which the initial period of
-availability has expired; and
-(B) amounts designated by this Act as minimum
-funding requirements.
+(A) funds for which the initial period of availability has
+expired; and
+(B) amounts designated by this Act as minimum funding
+requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
-statement described in section 4 (in the matter preceding
-division A of this consolidated Act) shall not apply to the
-table included under the heading ``Global Health Programs'' in
-such statement.
+statement described in section 4 (in the matter preceding division
+A of this consolidated Act) shall not apply to the table included
+under the heading ``Global Health Programs'' in such statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``National Security
Investment Programs'' included in the explanatory statement
-described in section 4 (in the matter preceding division A of
-this consolidated Act), the matter preceding the first proviso
-in subsection (b) of this section shall be applied by
-substituting ``5 percent'' for ``10 percent'', and the provisos
-in such subsection (b) shall not apply.
+described in section 4 (in the matter preceding division A of this
+consolidated Act), the matter preceding the first proviso in
+subsection (b) of this section shall be applied by substituting ``5
+percent'' for ``10 percent'', and the provisos in such subsection
+(b) shall not apply.
(e) Reports and Consultations.--The Secretary of State and other
designated officials, as appropriate, shall submit the reports and
conduct the consultations required, in the manner described, in House
@@ -20690,53 +20354,51 @@
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
-(1) Prohibition.--None of the funds appropriated or
-otherwise made available under titles III through VI of this
-Act may be made available to any foreign government which
-provides lethal military equipment to a country the government
-of which the Secretary of State has determined supports
-international terrorism for purposes of section 1754(c) of the
-Export Control Reform Act of 2018 (50 U.S.C. 4813(c)):
-Provided, That the prohibition under this section with respect
-to a foreign government shall terminate 12 months after that
-government ceases to provide such military equipment: Provided
-further, That this section applies with respect to lethal
+(1) Prohibition.--None of the funds appropriated or otherwise
+made available under titles III through VI of this Act may be made
+available to any foreign government which provides lethal military
+equipment to a country the government of which the Secretary of
+State has determined supports international terrorism for purposes
+of section 1754(c) of the Export Control Reform Act of 2018 (50
+U.S.C. 4813(c)): Provided, That the prohibition under this section
+with respect to a foreign government shall terminate 12 months
+after that government ceases to provide such military equipment:
+Provided further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
-(2) Determination.--Assistance restricted by paragraph (1)
-or any other similar provision of law, may be furnished if the
+(2) Determination.--Assistance restricted by paragraph (1) or
+any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
-furnishing of such assistance, including a detailed explanation
-of the assistance to be provided, the estimated dollar amount
-of such assistance, and an explanation of how the assistance
-furthers the United States national interest.
+furnishing of such assistance, including a detailed explanation of
+the assistance to be provided, the estimated dollar amount of such
+assistance, and an explanation of how the assistance furthers the
+United States national interest.
(b) Bilateral Assistance.--
-(1) Limitations.--Funds appropriated for bilateral
-assistance in titles III through VI of this Act and funds
-appropriated under any such title in prior Acts making
-appropriations for the Department of State, foreign operations,
-and related programs, shall not be made available to any
-foreign government which the President determines--
-(A) grants sanctuary from prosecution to any
-individual or group which has committed an act of
-international terrorism;
+(1) Limitations.--Funds appropriated for bilateral assistance
+in titles III through VI of this Act and funds appropriated under
+any such title in prior Acts making appropriations for the
+Department of State, foreign operations, and related programs,
+shall not be made available to any foreign government which the
+President determines--
+(A) grants sanctuary from prosecution to any individual or
+group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
-(C) is controlled by an organization designated as
-a terrorist organization under section 219 of the
-Immigration and Nationality Act (8 U.S.C. 1189).
+(C) is controlled by an organization designated as a
+terrorist organization under section 219 of the Immigration and
+Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
-Provided, That the President shall publish each such waiver in
-the Federal Register and, at least 15 days before the waiver
-takes effect, shall notify the Committees on Appropriations of
-the waiver (including the justification for the waiver) in
-accordance with the regular notification procedures of the
-Committees on Appropriations.
+Provided, That the President shall publish each such waiver in the
+Federal Register and, at least 15 days before the waiver takes
+effect, shall notify the Committees on Appropriations of the waiver
+(including the justification for the waiver) in accordance with the
+regular notification procedures of the Committees on
+Appropriations.
authorization requirements
@@ -20762,10 +20424,9 @@
regional, and central program level funding within each such account,
either as--
(1) justified to Congress; or
-(2) allocated by the Executive Branch in accordance with
-the report required by section 653(a) of the Foreign Assistance
-Act of 1961 or as modified pursuant to section 7019 of this
-Act.
+(2) allocated by the Executive Branch in accordance with the
+report required by section 653(a) of the Foreign Assistance Act of
+1961 or as modified pursuant to section 7019 of this Act.
clarification
@@ -20801,14 +20462,14 @@
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
-from the International Development Association, is not eligible
-for assistance from the International Bank for Reconstruction
-and Development, and does not export on a consistent basis the
+from the International Development Association, is not eligible for
+assistance from the International Bank for Reconstruction and
+Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
-recovering from widespread conflict, a humanitarian crisis, or
-a complex emergency.
+recovering from widespread conflict, a humanitarian crisis, or a
+complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
@@ -20817,21 +20478,20 @@
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
-(1) activities designed to increase food security in
-developing countries where such activities will not have a
-significant impact on the export of agricultural commodities of
-the United States;
-(2) research activities intended primarily to benefit
-United States producers;
+(1) activities designed to increase food security in developing
+countries where such activities will not have a significant impact
+on the export of agricultural commodities of the United States;
+(2) research activities intended primarily to benefit United
+States producers;
(3) activities in a country that is eligible for assistance
-from the International Development Association, is not eligible
-for assistance from the International Bank for Reconstruction
-and Development, and does not export on a consistent basis the
+from the International Development Association, is not eligible for
+assistance from the International Bank for Reconstruction and
+Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
-recovering from widespread conflict, a humanitarian crisis, or
-a complex emergency.
+recovering from widespread conflict, a humanitarian crisis, or a
+complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
@@ -20845,75 +20505,69 @@
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
-(1) Agreements.--If assistance is furnished to the
-government of a foreign country under chapters 1 and 10 of part
-I or chapter 4 of part II of the Foreign Assistance Act of 1961
-under agreements which result in the generation of local
-currencies of that country, the Secretary of State shall--
+(1) Agreements.--If assistance is furnished to the government
+of a foreign country under chapters 1 and 10 of part I or chapter 4
+of part II of the Foreign Assistance Act of 1961 under agreements
+which result in the generation of local currencies of that country,
+the Secretary of State shall--
(A) require that local currencies be deposited in a
separate account established by that government;
-(B) enter into an agreement with that government
-which sets forth--
-(i) the amount of the local currencies to
-be generated; and
-(ii) the terms and conditions under which
-the currencies so deposited may be utilized,
-consistent with this section; and
+(B) enter into an agreement with that government which sets
+forth--
+(i) the amount of the local currencies to be generated;
+and
+(ii) the terms and conditions under which the
+currencies so deposited may be utilized, consistent with
+this section; and
(C) establish by agreement with that government the
-responsibilities of the Department of State and that
-government to monitor and account for deposits into and
-disbursements from the separate account.
-(2) Uses of local currencies.--As may be agreed upon with
-the foreign government, local currencies deposited in a
-separate account pursuant to subsection (a), or an equivalent
-amount of local currencies, shall be used only--
-(A) to carry out chapter 1 or 10 of part I or
-chapter 4 of part II of the Foreign Assistance Act of
-1961 (as the case may be), for such purposes as--
-(i) project and sector assistance
-activities; or
+responsibilities of the Department of State and that government
+to monitor and account for deposits into and disbursements from
+the separate account.
+(2) Uses of local currencies.--As may be agreed upon with the
+foreign government, local currencies deposited in a separate
+account pursuant to subsection (a), or an equivalent amount of
+local currencies, shall be used only--
+(A) to carry out chapter 1 or 10 of part I or chapter 4 of
+part II of the Foreign Assistance Act of 1961 (as the case may
+be), for such purposes as--
+(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
-(B) for the administrative requirements of the
-United States Government.
-(3) Programming accountability.--The Department of State
-shall take all necessary steps to ensure that the equivalent of
-the local currencies disbursed pursuant to subsection (a)(2)(A)
-from the separate account established pursuant to subsection
-(a)(1) are used for the purposes agreed upon pursuant to
-subsection (a)(2).
-(4) Termination of assistance programs.--Upon termination
-of assistance to a country under chapter 1 or 10 of part I or
-chapter 4 of part II of the Foreign Assistance Act of 1961 (as
-the case may be), any unencumbered balances of funds which
-remain in a separate account established pursuant to subsection
-(a) shall be disposed of for such purposes as may be agreed to
-by the government of that country and the United States
-Government.
+(B) for the administrative requirements of the United
+States Government.
+(3) Programming accountability.--The Department of State shall
+take all necessary steps to ensure that the equivalent of the local
+currencies disbursed pursuant to subsection (a)(2)(A) from the
+separate account established pursuant to subsection (a)(1) are used
+for the purposes agreed upon pursuant to subsection (a)(2).
+(4) Termination of assistance programs.--Upon termination of
+assistance to a country under chapter 1 or 10 of part I or chapter
+4 of part II of the Foreign Assistance Act of 1961 (as the case may
+be), any unencumbered balances of funds which remain in a separate
+account established pursuant to subsection (a) shall be disposed of
+for such purposes as may be agreed to by the government of that
+country and the United States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
-government of a foreign country, under chapter 1 or 10 of part
-I or chapter 4 of part II of the Foreign Assistance Act of
-1961, as cash transfer assistance or as nonproject sector
-assistance, that country shall be required to maintain such
-funds in a separate account and not commingle with any other
-funds.
-(2) Applicability of other provisions of law.--Such funds
-may be obligated and expended notwithstanding provisions of law
-which are inconsistent with the nature of this assistance,
-including provisions which are referenced in the Joint
-Explanatory Statement of the Committee of Conference
-accompanying House Joint Resolution 648 (House Report No. 98-
-1159).
+government of a foreign country, under chapter 1 or 10 of part I or
+chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
+transfer assistance or as nonproject sector assistance, that
+country shall be required to maintain such funds in a separate
+account and not commingle with any other funds.
+(2) Applicability of other provisions of law.--Such funds may
+be obligated and expended notwithstanding provisions of law which
+are inconsistent with the nature of this assistance, including
+provisions which are referenced in the Joint Explanatory Statement
+of the Committee of Conference accompanying House Joint Resolution
+648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any
-such cash transfer or nonproject sector assistance, the
-President shall submit a notification through the regular
-notification procedures of the Committees on Appropriations,
-which shall include a detailed description of how the funds
-proposed to be made available will be used, with a discussion
-of the United States interests that will be served by such
-assistance (including, as appropriate, a description of the
-economic policy reforms that will be promoted by such
-assistance).
+such cash transfer or nonproject sector assistance, the President
+shall submit a notification through the regular notification
+procedures of the Committees on Appropriations, which shall include
+a detailed description of how the funds proposed to be made
+available will be used, with a discussion of the United States
+interests that will be served by such assistance (including, as
+appropriate, a description of the economic policy reforms that will
+be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
@@ -20947,14 +20601,13 @@
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
-(1) with respect to section 620A of the Foreign Assistance
-Act of 1961 or any comparable provision of law prohibiting
-assistance to countries that support international terrorism;
-or
-(2) with respect to section 116 of the Foreign Assistance
-Act of 1961 or any comparable provision of law prohibiting
-assistance to the government of a country that violates
-internationally recognized human rights.
+(1) with respect to section 620A of the Foreign Assistance Act
+of 1961 or any comparable provision of law prohibiting assistance
+to countries that support international terrorism; or
+(2) with respect to section 116 of the Foreign Assistance Act
+of 1961 or any comparable provision of law prohibiting assistance
+to the government of a country that violates internationally
+recognized human rights.
promotion of united states economic interests
@@ -20978,27 +20631,25 @@
records, and course evaluation results, that current offerings meet
training needs.
(c) Assistance.--
-(1) The Secretary of State should direct each Chief of
-Mission to consider how best to advance and support commercial
-relations and the safeguarding of United States business
-interests in the development and execution of the applicable
-Integrated Country Strategy and the Mission Resource Request
-for each country receiving bilateral assistance from funds
-appropriated by this Act.
+(1) The Secretary of State should direct each Chief of Mission
+to consider how best to advance and support commercial relations
+and the safeguarding of United States business interests in the
+development and execution of the applicable Integrated Country
+Strategy and the Mission Resource Request for each country
+receiving bilateral assistance from funds appropriated by this Act.
(2) Of the funds appropriated by this Act under the heading
-``National Security Investment Programs'', not less than
-$5,000,000 shall be made available to enhance and expand
-Department of State coordination with the Department of
-Commerce on the furtherance of national and economic security
-interests, subject to the coordination and concurrence of the
-Assistant Secretary for Global Markets and Director General,
-United States Foreign Commercial Service: Provided, That such
-funds shall not be used to subsidize or replicate ongoing
-activities of the United State Foreign Commercial Service, and
-may not be used for programs or activities in the United
-States: Provided further, That such funds are subject to prior
-consultation with, and the regular notification procedures of,
-the Committees on Appropriations.
+``National Security Investment Programs'', not less than $5,000,000
+shall be made available to enhance and expand Department of State
+coordination with the Department of Commerce on the furtherance of
+national and economic security interests, subject to the
+coordination and concurrence of the Assistant Secretary for Global
+Markets and Director General, United States Foreign Commercial
+Service: Provided, That such funds shall not be used to subsidize
+or replicate ongoing activities of the United State Foreign
+Commercial Service, and may not be used for programs or activities
+in the United States: Provided further, That such funds are
+subject to prior consultation with, and the regular notification
+procedures of, the Committees on Appropriations.
international financial institutions
@@ -21015,35 +20666,33 @@
decisions to support such loans, grants, programs, and activities are
based on accurate data and objective analysis.
(b) Safeguards.--
-(1) Standards.--The Secretary of the Treasury shall
-instruct the United States Executive Director of the
-International Bank for Reconstruction and Development and the
-International Development Association to use the voice and vote
-of the United States to oppose any loan, grant, policy, or
-strategy if such institution has adopted and is implementing
-any social or environmental safeguard relevant to such loan,
-grant, policy, or strategy that provides less protection than
-World Bank safeguards in effect on September 30, 2015.
+(1) Standards.--The Secretary of the Treasury shall instruct
+the United States Executive Director of the International Bank for
+Reconstruction and Development and the International Development
+Association to use the voice and vote of the United States to
+oppose any loan, grant, policy, or strategy if such institution has
+adopted and is implementing any social or environmental safeguard
+relevant to such loan, grant, policy, or strategy that provides
+less protection than World Bank safeguards in effect on September
+30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
-executive director of each international financial institution
-to use the voice and vote of the United States to oppose loans
-or other financing for projects unless such projects--
-(A) provide for accountability and transparency,
-including the collection, verification, and publication
-of beneficial ownership information related to
-extractive industries and on-site monitoring during the
-life of the project;
-(B) will be developed and carried out in accordance
-with best practices regarding environmental
-conservation, cultural protection, and empowerment of
-local populations, including free, prior and informed
-consent of affected Indigenous communities;
-(C) do not provide incentives for, or facilitate,
-forced displacement or other violations of human
-rights; and
-(D) do not partner with or otherwise involve
-enterprises owned or controlled by the armed forces.
+executive director of each international financial institution to
+use the voice and vote of the United States to oppose loans or
+other financing for projects unless such projects--
+(A) provide for accountability and transparency, including
+the collection, verification, and publication of beneficial
+ownership information related to extractive industries and on-
+site monitoring during the life of the project;
+(B) will be developed and carried out in accordance with
+best practices regarding environmental conservation, cultural
+protection, and empowerment of local populations, including
+free, prior and informed consent of affected Indigenous
+communities;
+(C) do not provide incentives for, or facilitate, forced
+displacement or other violations of human rights; and
+(D) do not partner with or otherwise involve enterprises
+owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
@@ -21089,9 +20738,8 @@
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
-(5) results that eliminate the effects of proven
-retaliation, including provision for the restoration of prior
-employment.
+(5) results that eliminate the effects of proven retaliation,
+including provision for the restoration of prior employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
@@ -21107,18 +20755,17 @@
Treasury concurrent with such request determines and reports to the
Committees on Appropriations that--
(1) the capital increase sets such institution on a path to
-meet its regional or global objectives, as appropriate,
-including its overarching strategic framework and vision for
-its role in development finance, and such increase includes
-agreement on internal reforms and policy measures necessary to
-enhance the efficiency and effectiveness of the institution;
-and
-(2) the capital increase does not increase the voting power
-of the People's Republic of China in such institution relative
-to that of the United States, unless the Secretary of the
-Treasury certifies and reports to the appropriate congressional
-committees that such capital increase is in the national
-interest of the United States.
+meet its regional or global objectives, as appropriate, including
+its overarching strategic framework and vision for its role in
+development finance, and such increase includes agreement on
+internal reforms and policy measures necessary to enhance the
+efficiency and effectiveness of the institution; and
+(2) the capital increase does not increase the voting power of
+the People's Republic of China in such institution relative to that
+of the United States, unless the Secretary of the Treasury
+certifies and reports to the appropriate congressional committees
+that such capital increase is in the national interest of the
+United States.
(j) Opposition to Lending to the People's Republic of China.--The
Secretary of the Treasury shall instruct the United States executive
director at each multilateral development bank to use the voice and
@@ -21150,15 +20797,14 @@
(2) activities to enhance critical mineral supply chain
security; and
(3) the Cyberspace, Digital Connectivity, and Related
-Technologies Fund in accordance with Chapter 10 of Part II of
-the Foreign Assistance Act of 1961: Provided, That the
-authority of section 592(f) of such Act may apply to amounts
-made available for such Fund under the heading ``National
-Security Investment Programs'' and such funds may be made
-available for the Digital Connectivity and Cybersecurity
-Partnership program consistent with section 6306 of the
-Department of State Authorization Act of 2023 (division F of
-Public Law 118-31).
+Technologies Fund in accordance with Chapter 10 of Part II of the
+Foreign Assistance Act of 1961: Provided, That the authority of
+section 592(f) of such Act may apply to amounts made available for
+such Fund under the heading ``National Security Investment
+Programs'' and such funds may be made available for the Digital
+Connectivity and Cybersecurity Partnership program consistent with
+section 6306 of the Department of State Authorization Act of 2023
+(division F of Public Law 118-31).
(b) Funds appropriated by subsection (a) may be transferred to, and
merged with, funds appropriated by this Act to the Export-Import Bank
of the United States under the heading ``Program Account'', to the
@@ -21182,169 +20828,156 @@
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
-(1) Requirements.--Funds appropriated by this Act may be
-made available for direct government-to-government assistance
-only if--
-(A) the requirements included in section
-7031(a)(1)(A) through (E) of the Department of State,
-Foreign Operations, and Related Programs Appropriations
-Act, 2019 (division F of Public Law 116-6) are fully
-met; and
-(B) the government of the recipient country is
-taking steps to reduce corruption.
+(1) Requirements.--Funds appropriated by this Act may be made
+available for direct government-to-government assistance only if--
+(A) the requirements included in section 7031(a)(1)(A)
+through (E) of the Department of State, Foreign Operations, and
+Related Programs Appropriations Act, 2019 (division F of Public
+Law 116-6) are fully met; and
+(B) the government of the recipient country is taking steps
+to reduce corruption.
(2) Consultation and notification.--In addition to the
-requirements in paragraph (1), funds may only be made available
-for direct government-to-government assistance subject to prior
-consultation with, and the regular notification procedures of,
-the Committees on Appropriations: Provided, That such
-notification shall contain an explanation of how the proposed
-activity meets the requirements of paragraph (1): Provided
-further, That the requirements of this paragraph shall only
-apply to direct government-to-government assistance in excess
-of $2,500,000 and all funds available for cash transfer, budget
-support, and cash payments to individuals.
+requirements in paragraph (1), funds may only be made available for
+direct government-to-government assistance subject to prior
+consultation with, and the regular notification procedures of, the
+Committees on Appropriations: Provided, That such notification
+shall contain an explanation of how the proposed activity meets the
+requirements of paragraph (1): Provided further, That the
+requirements of this paragraph shall only apply to direct
+government-to-government assistance in excess of $2,500,000 and all
+funds available for cash transfer, budget support, and cash
+payments to individuals.
(3) Suspension of assistance.--The Secretary of State shall
suspend any direct government-to-government assistance if the
Secretary has credible information of material misuse of such
assistance, unless the Secretary reports to the Committees on
-Appropriations that it is in the national interest of the
-United States to continue such assistance, including a
-justification, or that such misuse has been appropriately
-addressed.
-(4) Submission of information.--The Secretary of State
-shall submit to the Committees on Appropriations, concurrent
-with the fiscal year 2027 congressional budget justification
-materials, amounts planned for assistance described in
-paragraph (1) by country, proposed funding amount, source of
-funds, and type of assistance.
-(5) Debt service payment prohibition.--None of the funds
-made available by this Act may be used by the government of any
-foreign country for debt service payments owed by any country
-to any international financial institution or to the Government
-of the People's Republic of China.
+Appropriations that it is in the national interest of the United
+States to continue such assistance, including a justification, or
+that such misuse has been appropriately addressed.
+(4) Submission of information.--The Secretary of State shall
+submit to the Committees on Appropriations, concurrent with the
+fiscal year 2027 congressional budget justification materials,
+amounts planned for assistance described in paragraph (1) by
+country, proposed funding amount, source of funds, and type of
+assistance.
+(5) Debt service payment prohibition.--None of the funds made
+available by this Act may be used by the government of any foreign
+country for debt service payments owed by any country to any
+international financial institution or to the Government of the
+People's Republic of China.
(b) National Budget and Contract Transparency.--
-(1) Minimum requirements of fiscal transparency.--The
-Secretary of State shall continue to update and strengthen the
-``minimum requirements of fiscal transparency'' for each
-government receiving assistance appropriated by this Act, as
-identified in the report required by section 7031(b) of the
-Department of State, Foreign Operations, and Related Programs
-Appropriations Act, 2014 (division K of Public Law 113-76).
-(2) Determination and report.--For each government
-identified pursuant to paragraph (1), the Secretary of State,
-not later than 180 days after the date of enactment of this
-Act, shall make or update any determination of ``significant
-progress'' or ``no significant progress'' in meeting the
-minimum requirements of fiscal transparency, and make such
-determinations publicly available in an annual ``Fiscal
-Transparency Report'' to be posted on the Department of State
-website: Provided, That such report shall include the elements
-included under this section in House Report 118-146.
+(1) Minimum requirements of fiscal transparency.--The Secretary
+of State shall continue to update and strengthen the ``minimum
+requirements of fiscal transparency'' for each government receiving
+assistance appropriated by this Act, as identified in the report
+required by section 7031(b) of the Department of State, Foreign
+Operations, and Related Programs Appropriations Act, 2014 (division
+K of Public Law 113-76).
+(2) Determination and report.--For each government identified
+pursuant to paragraph (1), the Secretary of State, not later than
+180 days after the date of enactment of this Act, shall make or
+update any determination of ``significant progress'' or ``no
+significant progress'' in meeting the minimum requirements of
+fiscal transparency, and make such determinations publicly
+available in an annual ``Fiscal Transparency Report'' to be posted
+on the Department of State website: Provided, That such report
+shall include the elements included under this section in House
+Report 118-146.
(3) Assistance.--Not less than $5,000,000 of the funds
appropriated by this Act under the heading ``National Security
Investment Programs'' shall be made available for programs and
-activities to assist governments identified pursuant to
-paragraph (1) to improve budget transparency and to support
-civil society organizations in such countries that promote
-budget transparency.
+activities to assist governments identified pursuant to paragraph
+(1) to improve budget transparency and to support civil society
+organizations in such countries that promote budget transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
-(A) Officials of foreign governments and their
-immediate family members about whom the Secretary of
-State has credible information have been involved,
-directly or indirectly, in significant corruption,
-including corruption related to the extraction of
-natural resources, or a gross violation of human
-rights, including the wrongful detention of locally
-employed staff of a United States diplomatic mission or
-a United States citizen or national, shall be
-ineligible for entry into the United States.
-(B) Concurrent with the application of subparagraph
-(A), the Secretary shall, as appropriate, refer the
-matter to the Office of Foreign Assets Control,
-Department of the Treasury, to determine whether to
-apply sanctions authorities in accordance with United
-States law to block the transfer of property and
-interests in property, and all financial transactions,
-in the United States involving any person described in
-such subparagraph.
+(A) Officials of foreign governments and their immediate
+family members about whom the Secretary of State has credible
+information have been involved, directly or indirectly, in
+significant corruption, including corruption related to the
+extraction of natural resources, or a gross violation of human
+rights, including the wrongful detention of locally employed
+staff of a United States diplomatic mission or a United States
+citizen or national, shall be ineligible for entry into the
+United States.
+(B) Concurrent with the application of subparagraph (A),
+the Secretary shall, as appropriate, refer the matter to the
+Office of Foreign Assets Control, Department of the Treasury,
+to determine whether to apply sanctions authorities in
+accordance with United States law to block the transfer of
+property and interests in property, and all financial
+transactions, in the United States involving any person
+described in such subparagraph.
(C) The Secretary shall also publicly or privately
-designate or identify the officials of foreign
-governments and their immediate family members about
-whom the Secretary has such credible information
-without regard to whether the individual has applied
-for a visa.
-(2) Exception.--Individuals shall not be ineligible for
-entry into the United States pursuant to paragraph (1) if such
-entry would further important United States law enforcement
-objectives or is necessary to permit the United States to
-fulfill its obligations under the United Nations Headquarters
-Agreement: Provided, That nothing in paragraph (1) shall be
-construed to derogate from United States Government obligations
-under applicable international agreements.
+designate or identify the officials of foreign governments and
+their immediate family members about whom the Secretary has
+such credible information without regard to whether the
+individual has applied for a visa.
+(2) Exception.--Individuals shall not be ineligible for entry
+into the United States pursuant to paragraph (1) if such entry
+would further important United States law enforcement objectives or
+is necessary to permit the United States to fulfill its obligations
+under the United Nations Headquarters Agreement: Provided, That
+nothing in paragraph (1) shall be construed to derogate from United
+States Government obligations under applicable international
+agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
-(4) Report.--Not later than 30 days after the date of
-enactment of this Act, and every 90 days thereafter until
-September 30, 2027, the Secretary of State shall submit a
-report, including a classified annex if necessary, to the
-appropriate congressional committees and the Committees on the
-Judiciary describing the information related to corruption or
-violation of human rights concerning each of the individuals
-found ineligible in the previous 12 months pursuant to
-paragraph (1)(A) as well as the individuals who the Secretary
-designated or identified pursuant to paragraph (1)(B), or who
-would be ineligible but for the application of paragraph (2), a
-list of any waivers provided under paragraph (3), and the
-justification for each waiver.
-(5) Posting of report.--Any unclassified portion of the
-report required under paragraph (4) shall be posted on the
-Department of State website.
-(6) Clarification.--For purposes of paragraphs (1), (4),
-and (5), the records of the Department of State and of
-diplomatic and consular offices of the United States pertaining
-to the issuance or refusal of visas or permits to enter the
-United States shall not be considered confidential.
+(4) Report.--Not later than 30 days after the date of enactment
+of this Act, and every 90 days thereafter until September 30, 2027,
+the Secretary of State shall submit a report, including a
+classified annex if necessary, to the appropriate congressional
+committees and the Committees on the Judiciary describing the
+information related to corruption or violation of human rights
+concerning each of the individuals found ineligible in the previous
+12 months pursuant to paragraph (1)(A) as well as the individuals
+who the Secretary designated or identified pursuant to paragraph
+(1)(B), or who would be ineligible but for the application of
+paragraph (2), a list of any waivers provided under paragraph (3),
+and the justification for each waiver.
+(5) Posting of report.--Any unclassified portion of the report
+required under paragraph (4) shall be posted on the Department of
+State website.
+(6) Clarification.--For purposes of paragraphs (1), (4), and
+(5), the records of the Department of State and of diplomatic and
+consular offices of the United States pertaining to the issuance or
+refusal of visas or permits to enter the United States shall not be
+considered confidential.
(d) Extraction of Natural Resources.--
-(1) Assistance.--Funds appropriated by this Act shall be
-made available to promote and support transparency and
-accountability of expenditures and revenues related to the
-extraction of natural resources, including by strengthening
-implementation and monitoring of the Extractive Industries
-Transparency Initiative, implementing and enforcing section
-8204 of the Food, Conservation, and Energy Act of 2008 (Public
-Law 110-246; 122 Stat. 2052) and the amendments made by such
-section, and to prevent the sale of conflict minerals, and for
-technical assistance to promote independent audit mechanisms
-and support civil society participation in natural resource
-management.
+(1) Assistance.--Funds appropriated by this Act shall be made
+available to promote and support transparency and accountability of
+expenditures and revenues related to the extraction of natural
+resources, including by strengthening implementation and monitoring
+of the Extractive Industries Transparency Initiative, implementing
+and enforcing section 8204 of the Food, Conservation, and Energy
+Act of 2008 (Public Law 110-246; 122 Stat. 2052) and the amendments
+made by such section, and to prevent the sale of conflict minerals,
+and for technical assistance to promote independent audit
+mechanisms and support civil society participation in natural
+resource management.
(2) Public disclosure and independent audits.--
-(A) The Secretary of the Treasury shall instruct
-the executive director of each international financial
-institution to use the voice and vote of the United
-States to oppose any assistance by such institutions
-(including any loan, credit, grant, or guarantee) to
-any country for the extraction and export of a natural
-resource if the government of such country has in place
-laws, regulations, or procedures to prevent or limit
-the public disclosure of company payments as required
-by United States law, and unless such government has
-adopted laws, regulations, or procedures in the sector
-in which assistance is being considered that: (1)
-accurately account for and publicly disclose payments
-to the government by companies involved in the
-extraction and export of natural resources; (2) include
-independent auditing of accounts receiving such
-payments and the public disclosure of such audits; and
-(3) require public disclosure of agreement and bidding
-documents, as appropriate.
-(B) The requirements of subparagraph (A) shall not
-apply to assistance for the purpose of building the
-capacity of such government to meet the requirements of
-such subparagraph.
+(A) The Secretary of the Treasury shall instruct the
+executive director of each international financial institution
+to use the voice and vote of the United States to oppose any
+assistance by such institutions (including any loan, credit,
+grant, or guarantee) to any country for the extraction and
+export of a natural resource if the government of such country
+has in place laws, regulations, or procedures to prevent or
+limit the public disclosure of company payments as required by
+United States law, and unless such government has adopted laws,
+regulations, or procedures in the sector in which assistance is
+being considered that: (1) accurately account for and publicly
+disclose payments to the government by companies involved in
+the extraction and export of natural resources; (2) include
+independent auditing of accounts receiving such payments and
+the public disclosure of such audits; and (3) require public
+disclosure of agreement and bidding documents, as appropriate.
+(B) The requirements of subparagraph (A) shall not apply to
+assistance for the purpose of building the capacity of such
+government to meet the requirements of such subparagraph.
democracy programs
@@ -21357,16 +20990,14 @@
consolidated Act).
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
-democracy programs pursuant to subsection (a) and under the
-heading ``National Endowment for Democracy'' may be made
-available notwithstanding any other provision of law, and with
-regard to the National Endowment for Democracy (NED), any
-regulation.
-(2) Beneficiaries.--Funds made available by this Act for
-the NED are made available pursuant to the authority of the
-National Endowment for Democracy Act (title V of Public Law 98-
-164), including all decisions regarding the selection of
-beneficiaries.
+democracy programs pursuant to subsection (a) and under the heading
+``National Endowment for Democracy'' may be made available
+notwithstanding any other provision of law, and with regard to the
+National Endowment for Democracy (NED), any regulation.
+(2) Beneficiaries.--Funds made available by this Act for the
+NED are made available pursuant to the authority of the National
+Endowment for Democracy Act (title V of Public Law 98-164),
+including all decisions regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
@@ -21378,22 +21009,20 @@
institutions that are responsive and accountable to citizens.
(d) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
-assistance for democracy programs in this Act, the
-organizations implementing such assistance, the specific nature
-of the assistance, and the participants in such programs shall
-not be subject to prior approval by the government of any
-foreign country.
+assistance for democracy programs in this Act, the organizations
+implementing such assistance, the specific nature of the
+assistance, and the participants in such programs shall not be
+subject to prior approval by the government of any foreign country.
(2) Disclosure of implementing partner information.--If the
-Secretary of State determines that the government of the
-country is undemocratic or has engaged in or condoned
-harassment, threats, or attacks against organizations
-implementing democracy programs, any new bilateral agreement
-governing the terms and conditions under which assistance is
-provided to such country shall not require the disclosure of
-the names of implementing partners of democracy programs, and
-the Secretary of State shall expeditiously seek to negotiate
-amendments to existing bilateral agreements, as necessary, to
-conform to this requirement.
+Secretary of State determines that the government of the country is
+undemocratic or has engaged in or condoned harassment, threats, or
+attacks against organizations implementing democracy programs, any
+new bilateral agreement governing the terms and conditions under
+which assistance is provided to such country shall not require the
+disclosure of the names of implementing partners of democracy
+programs, and the Secretary of State shall expeditiously seek to
+negotiate amendments to existing bilateral agreements, as
+necessary, to conform to this requirement.
(e) Protection of Civil Society Activists and Journalists.--Funds
appropriated by this Act under the headings ``National Security
Investment Programs'' and ``Democracy Fund'' shall be made available to
@@ -21407,25 +21036,23 @@
shall be made available for the Office of International Religious
Freedom, Department of State.
(b) Assistance.--
-(1) Of the funds appropriated by this Act under the
-headings ``National Security Investment Programs'' and
-``Democracy Fund'', not less than $40,000,000 shall be made
-available for international religious freedom programs:
-Provided, That such funds shall be the responsibility of the
-Ambassador-at-Large for International Religious Freedom, in
-consultation with other relevant United States Government
-officials: Provided further, That such funds shall be
-prioritized for programs in countries designated as a country
-of particular concern for religious freedom pursuant to section
-402(b)(1)(A)(ii) of the International Religious Freedom Act of
-1998 (22 U.S.C. 6442).
+(1) Of the funds appropriated by this Act under the headings
+``National Security Investment Programs'' and ``Democracy Fund'',
+not less than $40,000,000 shall be made available for international
+religious freedom programs: Provided, That such funds shall be the
+responsibility of the Ambassador-at-Large for International
+Religious Freedom, in consultation with other relevant United
+States Government officials: Provided further, That such funds
+shall be prioritized for programs in countries designated as a
+country of particular concern for religious freedom pursuant to
+section 402(b)(1)(A)(ii) of the International Religious Freedom Act
+of 1998 (22 U.S.C. 6442).
(2) Funds appropriated by this Act under the heading
-``International Humanitarian Assistance'' shall be made
-available for humanitarian assistance for vulnerable and
-persecuted ethnic and religious minorities, including victims
-of genocide designated by the Secretary of State and other
-groups that have suffered crimes against humanity and ethnic
-cleansing.
+``International Humanitarian Assistance'' shall be made available
+for humanitarian assistance for vulnerable and persecuted ethnic
+and religious minorities, including victims of genocide designated
+by the Secretary of State and other groups that have suffered
+crimes against humanity and ethnic cleansing.
(c) Authority.--Funds appropriated by this Act under the heading
``National Security Investment Programs'' may be made available
notwithstanding any other provision of law for assistance for ethnic
@@ -21452,44 +21079,42 @@
(c) Directives and Authorities.--
(1) Genocide victims memorial sites.--Funds appropriated by
this Act under the heading ``National Security Investment
-Programs'' may be made available as contributions to establish
-and maintain memorial sites of genocide, subject to the regular
+Programs'' may be made available as contributions to establish and
+maintain memorial sites of genocide, subject to the regular
notification procedures of the Committees on Appropriations.
-(2) Exchange visitor program.--None of the funds made
-available by this Act may be used to modify the Exchange
-Visitor Program administered by the Department of State to
-implement the Mutual Educational and Cultural Exchange Act of
-1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
-through the formal rulemaking process pursuant to the
-Administrative Procedure Act (5 U.S.C. 551 et seq.) and
-notwithstanding the exception to such rulemaking process in
-such Act: Provided, That funds made available for such purpose
-shall only be made available after consultation with, and
-subject to the regular notification procedures of, the
-Committees on Appropriations, regarding how any proposed
-modification would affect the public diplomacy goals of, and
-the estimated economic impact on, the United States: Provided
-further, That such consultation shall take place not later than
-30 days prior to the publication in the Federal Register of any
-regulatory action modifying the Exchange Visitor Program.
-(3) Payments.--Funds appropriated by this Act and prior
-Acts making appropriations for the Department of State, foreign
-operations, and related programs under the headings
-``Diplomatic Programs'', except for funds designated by
-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 available to provide payments
-pursuant to section 901(i)(2) of title IX of division J of the
-Further Consolidated Appropriations Act, 2020 (22 U.S.C.
-2680b(i)(2)): Provided, That funds made available pursuant to
-this paragraph shall be subject to prior consultation with the
-Committees on Appropriations.
-(4) Program coordination.--The fourth proviso under the
-heading ``International Narcotics Control and Law Enforcement''
-in the Department of State, Foreign Operations, and Related
-Programs Appropriations Act, 2022 (division K of Public Law
-117-103) shall continue in effect during fiscal year 2026 and
-apply to funds appropriated under such heading in this Act.
+(2) Exchange visitor program.--None of the funds made available
+by this Act may be used to modify the Exchange Visitor Program
+administered by the Department of State to implement the Mutual
+Educational and Cultural Exchange Act of 1961 (Public Law 87-256;
+22 U.S.C. 2451 et seq.), except through the formal rulemaking
+process pursuant to the Administrative Procedure Act (5 U.S.C. 551
+et seq.) and notwithstanding the exception to such rulemaking
+process in such Act: Provided, That funds made available for such
+purpose shall only be made available after consultation with, and
+subject to the regular notification procedures of, the Committees
+on Appropriations, regarding how any proposed modification would
+affect the public diplomacy goals of, and the estimated economic
+impact on, the United States: Provided further, That such
+consultation shall take place not later than 30 days prior to the
+publication in the Federal Register of any regulatory action
+modifying the Exchange Visitor Program.
+(3) Payments.--Funds appropriated by this Act and prior Acts
+making appropriations for the Department of State, foreign
+operations, and related programs under the headings ``Diplomatic
+Programs'', except for funds designated by 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
+available to provide payments pursuant to section 901(i)(2) of
+title IX of division J of the Further Consolidated Appropriations
+Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That funds made
+available pursuant to this paragraph shall be subject to prior
+consultation with the Committees on Appropriations.
+(4) Program coordination.--The fourth proviso under the heading
+``International Narcotics Control and Law Enforcement'' in the
+Department of State, Foreign Operations, and Related Programs
+Appropriations Act, 2022 (division K of Public Law 117-103) shall
+continue in effect during fiscal year 2026 and apply to funds
+appropriated under such heading in this Act.
(d) Partner Vetting.--Prior to initiating a partner vetting
program, providing a direct vetting option, or making a significant
change to the scope of an existing partner vetting program, the
@@ -21523,52 +21148,48 @@
(division K of Public Law 116-260) shall continue in effect during
fiscal year 2026.
(i) Extension of Authorities.--
-(1) Incentives for critical posts.--The authority contained
-in section 1115(d) of the Supplemental Appropriations Act, 2009
-(Public Law 111-32) shall remain in effect through September
-30, 2026.
-(2) Transfer of balances.--Section 7081(h) of the
-Department of State, Foreign Operations, and Related Programs
-Appropriations Act, 2017 (division J of Public Law 115-31)
-shall continue in effect during fiscal year 2026.
+(1) Incentives for critical posts.--The authority contained in
+section 1115(d) of the Supplemental Appropriations Act, 2009
+(Public Law 111-32) shall remain in effect through September 30,
+2026.
+(2) Transfer of balances.--Section 7081(h) of the Department of
+State, Foreign Operations, and Related Programs Appropriations Act,
+2017 (division J of Public Law 115-31) shall continue in effect
+during fiscal year 2026.
(3) Protective services.--Section 7071 of the Department of
-State, Foreign Operations, and Related Programs Appropriations
-Act, 2022 (division K of Public Law 117-103) shall continue in
-effect during fiscal year 2026 and shall apply to funds
-appropriated by this Act.
+State, Foreign Operations, and Related Programs Appropriations Act,
+2022 (division K of Public Law 117-103) shall continue in effect
+during fiscal year 2026 and shall apply to funds appropriated by
+this Act.
(4) Extensions.--
(A) Chapter 5 of title I of the Emergency Wartime
-Supplemental Appropriations Act, 2003 (Public Law 108-
-11; 117 Stat. 576) is amended under the heading ``Loan
-Guarantees to Israel''--
-(i) in the matter preceding the first
-proviso, by striking ``September 30, 2030'' and
-inserting ``September 30, 2031''; and
-(ii) in the second proviso, by striking
-``September 30, 2030'' and inserting
-``September 30, 2031''.
-(B) Section 7030(b) of the Department of State,
-Foreign Operations, and Related Programs Appropriations
-Act, 2024 (division J of Public Law 118-47) shall
-continue in effect during fiscal year 2026 and shall--
-(i) also apply to funds appropriated by
-this Act under the heading ``National Security
-Investment Programs'' and to the countries of
-Costa Rica and Panama; and
-(ii) be applied by substituting
-``Department of State'' for ``United States
-Agency for International Development''.
-(5) Categorical eligibility.--The Foreign Operations,
-Export Financing, and Related Programs Appropriations Act, 1990
-(Public Law 101-167) is amended--
+Supplemental Appropriations Act, 2003 (Public Law 108-11; 117
+Stat. 576) is amended under the heading ``Loan Guarantees to
+Israel''--
+(i) in the matter preceding the first proviso, by
+striking ``September 30, 2030'' and inserting ``September
+30, 2031''; and
+(ii) in the second proviso, by striking ``September 30,
+2030'' and inserting ``September 30, 2031''.
+(B) Section 7030(b) of the Department of State, Foreign
+Operations, and Related Programs Appropriations Act, 2024
+(division J of Public Law 118-47) shall continue in effect
+during fiscal year 2026 and shall--
+(i) also apply to funds appropriated by this Act under
+the heading ``National Security Investment Programs'' and
+to the countries of Costa Rica and Panama; and
+(ii) be applied by substituting ``Department of State''
+for ``United States Agency for International Development''.
+(5) Categorical eligibility.--The Foreign Operations, Export
+Financing, and Related Programs Appropriations Act, 1990 (Public
+Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
-(i) in subsection (b)(3), by striking ``and
-2025'' and inserting ``2025, and 2026''; and
-(ii) in subsection (e), by striking
-``2025'' each place it appears and inserting
-``2026''; and
-(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
-striking ``2025'' and inserting ``2026''.
+(i) in subsection (b)(3), by striking ``and 2025'' and
+inserting ``2025, and 2026''; and
+(ii) in subsection (e), by striking ``2025'' each place
+it appears and inserting ``2026''; and
+(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking
+``2025'' and inserting ``2026''.
(j) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
@@ -21591,325 +21212,304 @@
Authorization Act for Fiscal Year 2025 (Public Law 118-159) is
amended--
(1) in section 5101(6) (22 U.S.C. 10601(6)), by striking
-``International Conservation'' and inserting ``Natural Security
-and Counterterrorism''; and
+``International Conservation'' and inserting ``Natural Security and
+Counterterrorism''; and
(2) in section 5102 (22 U.S.C. 10602)--
-(A) in the section heading, by striking
-``international conservation'' and inserting ``natural
-security and counterterrorism''; and
-(B) in subsection (a)(1), by striking
-``International Conservation'' and inserting ``Natural
-Security and Counterterrorism''.
+(A) in the section heading, by striking ``international
+conservation'' and inserting ``natural security and
+counterterrorism''; and
+(B) in subsection (a)(1), by striking ``International
+Conservation'' and inserting ``Natural Security and
+Counterterrorism''.
(l) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
-``appropriate congressional committees'' means the Committees
-on Appropriations and Foreign Relations of the Senate and the
-Committees on Appropriations and Foreign Affairs of the House
-of Representatives.
+``appropriate congressional committees'' means the Committees on
+Appropriations and Foreign Relations of the Senate and the
+Committees on Appropriations and Foreign Affairs of the House of
+Representatives.
(2) Congressional notifications.--The term ``regular
-notification procedures of the Committees on Appropriations''
-means such Committees shall be notified not less than 15 days
-in advance of the obligation of funds: Provided, That such
-notifications shall include the information detailed under this
-section in the explanatory statement described in section 4 (in
-the matter preceding division A of this consolidated Act).
+notification procedures of the Committees on Appropriations'' means
+such Committees shall be notified not less than 15 days in advance
+of the obligation of funds: Provided, That such notifications
+shall include the information detailed under this section in the
+explanatory statement described in section 4 (in the matter
+preceding division A of this consolidated Act).
(3) Funds appropriated by this act and prior acts.--Unless
-otherwise defined in this Act, for purposes of this Act the
-term ``funds appropriated by this Act and prior Acts making
-appropriations for the Department of State, foreign operations,
-and related programs'' means funds that remain available for
+otherwise defined in this Act, for purposes of this Act the term
+``funds appropriated by this Act and prior Acts making
+appropriations for the Department of State, foreign operations, and
+related programs'' means funds that remain available for
obligation, and have not expired.
(4) International financial institutions.--In this Act
-``international financial institutions'' means the
-International Bank for Reconstruction and Development, the
-International Development Association, the International
-Finance Corporation, the Inter-American Development Bank, the
-International Monetary Fund, the International Fund for
-Agricultural Development, the Asian Development Bank, the Asian
-Development Fund, the Inter-American Investment Corporation,
-the North American Development Bank, the European Bank for
-Reconstruction and Development, the African Development Bank,
-the African Development Fund, and the Multilateral Investment
-Guarantee Agency.
-(5) Pacific islands countries.--In this Act, the term
-``Pacific Islands countries'' means the Cook Islands, the
-Republic of Fiji, the Republic of Kiribati, the Republic of the
-Marshall Islands, the Federated States of Micronesia, the
-Republic of Nauru, Niue, the Republic of Palau, the Independent
-State of Papua New Guinea, the Independent State of Samoa, the
-Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic
-of Vanuatu.
-(6) Prior consultation.--For the purposes of this Act, the
-term ``prior consultation'' means a substantive engagement
-between a relevant Federal agency and the Committees on
-Appropriations at least 7 days prior to any public announcement
-or submission of a notification in which such Committees are
-provided with details and the opportunity to engage on--
+``international financial institutions'' means the International
+Bank for Reconstruction and Development, the International
+Development Association, the International Finance Corporation, the
+Inter-American Development Bank, the International Monetary Fund,
+the International Fund for Agricultural Development, the Asian
+Development Bank, the Asian Development Fund, the Inter-American
+Investment Corporation, the North American Development Bank, the
+European Bank for Reconstruction and Development, the African
+Development Bank, the African Development Fund, and the
+Multilateral Investment Guarantee Agency.
+(5) Pacific islands countries.--In this Act, the term ``Pacific
+Islands countries'' means the Cook Islands, the Republic of Fiji,
+the Republic of Kiribati, the Republic of the Marshall Islands, the
+Federated States of Micronesia, the Republic of Nauru, Niue, the
+Republic of Palau, the Independent State of Papua New Guinea, the
+Independent State of Samoa, the Solomon Islands, the Kingdom of
+Tonga, Tuvalu, and the Republic of Vanuatu.
+(6) Prior consultation.--For the purposes of this Act, the term
+``prior consultation'' means a substantive engagement between a
+relevant Federal agency and the Committees on Appropriations at
+least 7 days prior to any public announcement or submission of a
+notification in which such Committees are provided with details and
+the opportunity to engage on--
(A) the proposed use of funds, as applicable;
-(B) the development, content, or conduct of a
-program, project, or activity; and
+(B) the development, content, or conduct of a program,
+project, or activity; and
(C) the proposed decision to be taken.
-(7) Spend plan.--In this Act, the term ``spend plan'' means
-a plan for the uses of funds appropriated for a particular
-entity, country, program, purpose, or account and which shall
-include, at a minimum, a description of--
-(A) realistic and sustainable goals, criteria for
-measuring progress, and a timeline for achieving such
-goals;
+(7) Spend plan.--In this Act, the term ``spend plan'' means a
+plan for the uses of funds appropriated for a particular entity,
+country, program, purpose, or account and which shall include, at a
+minimum, a description of--
+(A) realistic and sustainable goals, criteria for measuring
+progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
-(C) how such funds will complement other ongoing or
-planned programs; and
+(C) how such funds will complement other ongoing or planned
+programs; and
(D) implementing partners, to the maximum extent
practicable.
-(8) Successor operating unit.--Any reference to a
-particular operating unit or office in this Act or prior Acts
-making appropriations for the Department of State, foreign
-operations, and related programs shall be deemed to include any
-successor operating unit performing the same or similar
-functions.
+(8) Successor operating unit.--Any reference to a particular
+operating unit or office in this Act or prior Acts making
+appropriations for the Department of State, foreign operations, and
+related programs shall be deemed to include any successor operating
+unit performing the same or similar functions.
(9) This act.--This Act shall be deemed to be an Act making
-appropriations for the Department of State, Foreign Operations,
-and Related Programs for purposes of any provision of law
-citing, or referring to amounts made available by, such an Act.
+appropriations for the Department of State, Foreign Operations, and
+Related Programs for purposes of any provision of law citing, or
+referring to amounts made available by, such an Act.
law enforcement and security
Sec. 7035. (a) Assistance.--
-(1) Community-based police assistance.--Funds made
-available under titles III and IV of this Act to carry out the
-provisions of chapter 1 of part I and chapters 4 and 6 of part
-II of the Foreign Assistance Act of 1961, may be used,
-notwithstanding section 660 of that Act, to enhance the
-effectiveness and accountability of civilian police authority
-through training and technical assistance in human rights, the
-rule of law, anti-corruption, strategic planning, and through
-assistance to foster civilian police roles that support
-democratic governance, including assistance for programs to
-prevent conflict, respond to disasters, address gender-based
-violence, and foster improved police relations with the
+(1) Community-based police assistance.--Funds made available
+under titles III and IV of this Act to carry out the provisions of
+chapter 1 of part I and chapters 4 and 6 of part II of the Foreign
+Assistance Act of 1961, may be used, notwithstanding section 660 of
+that Act, to enhance the effectiveness and accountability of
+civilian police authority through training and technical assistance
+in human rights, the rule of law, anti-corruption, strategic
+planning, and through assistance to foster civilian police roles
+that support democratic governance, including assistance for
+programs to prevent conflict, respond to disasters, address gender-
+based violence, and foster improved police relations with the
communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
-Assistance Act of 1961 and the Arms Export Control Act,
-funds appropriated by this Act under the headings
-``Peacekeeping Operations'' and ``Foreign Military
-Financing Program'' shall be made available for combat
-casualty training and equipment in an amount above the
-prior fiscal year.
-(B) The Secretary of State shall offer combat
-casualty care training and equipment as a component of
-any package of lethal assistance funded by this Act
-with funds appropriated under the headings
-``Peacekeeping Operations'' and ``Foreign Military
-Financing Program'': Provided, That the requirement of
-this subparagraph shall apply to a country in conflict,
-unless the Secretary determines that such country has
-in place, to the maximum extent practicable,
-functioning combat casualty care treatment and
-equipment that meets or exceeds the standards
-recommended by the Committee on Tactical Combat
-Casualty Care: Provided further, That any such
-training and equipment for combat casualty care shall
-be made available through an open and competitive
-process.
-(3) Training related to international humanitarian law.--
-The Secretary of State shall offer training related to the
-requirements of international humanitarian law as a component
-of any package of lethal assistance funded by this Act with
-funds appropriated under the headings ``Peacekeeping
-Operations'' and ``Foreign Military Financing Program'':
-Provided, That the requirement of this paragraph shall not
-apply to a country that is a member of the North Atlantic
-Treaty Organization (NATO), is a major non-NATO ally designated
-by section 517(b) of the Foreign Assistance Act of 1961, or is
-complying with international humanitarian law: Provided
-further, That any such training shall be made available through
-an open and competitive process.
+Assistance Act of 1961 and the Arms Export Control Act, funds
+appropriated by this Act under the headings ``Peacekeeping
+Operations'' and ``Foreign Military Financing Program'' shall
+be made available for combat casualty training and equipment in
+an amount above the prior fiscal year.
+(B) The Secretary of State shall offer combat casualty care
+training and equipment as a component of any package of lethal
+assistance funded by this Act with funds appropriated under the
+headings ``Peacekeeping Operations'' and ``Foreign Military
+Financing Program'': Provided, That the requirement of this
+subparagraph shall apply to a country in conflict, unless the
+Secretary determines that such country has in place, to the
+maximum extent practicable, functioning combat casualty care
+treatment and equipment that meets or exceeds the standards
+recommended by the Committee on Tactical Combat Casualty Care:
+Provided further, That any such training and equipment for
+combat casualty care shall be made available through an open
+and competitive process.
+(3) Training related to international humanitarian law.--The
+Secretary of State shall offer training related to the requirements
+of international humanitarian law as a component of any package of
+lethal assistance funded by this Act with funds appropriated under
+the headings ``Peacekeeping Operations'' and ``Foreign Military
+Financing Program'': Provided, That the requirement of this
+paragraph shall not apply to a country that is a member of the
+North Atlantic Treaty Organization (NATO), is a major non-NATO ally
+designated by section 517(b) of the Foreign Assistance Act of 1961,
+or is complying with international humanitarian law: Provided
+further, That any such training shall be made available through an
+open and competitive process.
(4) International prison conditions.--Funds appropriated by
this Act under the headings ``National Security Investment
Programs'' and ``International Narcotics Control and Law
-Enforcement'' shall be made available for assistance to
-eliminate inhumane conditions in foreign prisons and other
-detention facilities, notwithstanding section 660 of the
-Foreign Assistance Act of 1961: Provided, That the Secretary
-of State shall consult with the Committees on Appropriations on
-the proposed uses of such funds prior to obligation and not
-later than 60 days after the date of enactment of this Act:
-Provided further, That such funds shall be in addition to funds
-otherwise made available by this Act for such purpose.
-(5) Management and transparency of assistance.--Of the
-funds appropriated by this Act under the heading ``Diplomatic
-Programs'', not less than $2,500,000 shall be made available
-for the Bureau of Political-Military Affairs, Department of
-State, in accordance with the purposes specified under this
-heading in the explanatory statement described in section 4 (in
-the matter preceding division A of this consolidated Act).
+Enforcement'' shall be made available for assistance to eliminate
+inhumane conditions in foreign prisons and other detention
+facilities, notwithstanding section 660 of the Foreign Assistance
+Act of 1961: Provided, That the Secretary of State shall consult
+with the Committees on Appropriations on the proposed uses of such
+funds prior to obligation and not later than 60 days after the date
+of enactment of this Act: Provided further, That such funds shall
+be in addition to funds otherwise made available by this Act for
+such purpose.
+(5) Management and transparency of assistance.--Of the funds
+appropriated by this Act under the heading ``Diplomatic Programs'',
+not less than $2,500,000 shall be made available for the Bureau of
+Political-Military Affairs, Department of State, in accordance with
+the purposes specified under this heading in the explanatory
+statement described in section 4 (in the matter preceding division
+A of this consolidated Act).
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
-nation emerging from instability may be deemed to mean support
-for regional, district, municipal, or other sub-national entity
+nation emerging from instability may be deemed to mean support for
+regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
-(2) Disarmament, demobilization, and reintegration.--
-Section 7034(d) of the Department of State, Foreign Operations,
-and Related Programs Appropriations Act, 2015 (division J of
-Public Law 113-235) shall continue in effect during fiscal year
-2026, and shall apply to funds made available by this Act under
-the heading ``National Security Investment Programs''.
-(3) Commercial leasing of defense articles.--
-Notwithstanding any other provision of law, and subject to the
-regular notification procedures of the Committees on
-Appropriations, the authority of section 23(a) of the Arms
-Export Control Act (22 U.S.C. 2763) may be used to provide
-financing to Israel, Egypt, the North Atlantic Treaty
-Organization (NATO), and major non-NATO allies for the
+(2) Disarmament, demobilization, and reintegration.--Section
+7034(d) of the Department of State, Foreign Operations, and Related
+Programs Appropriations Act, 2015 (division J of Public Law 113-
+235) shall continue in effect during fiscal year 2026, and shall
+apply to funds made available by this Act under the heading
+``National Security Investment Programs''.
+(3) Commercial leasing of defense articles.--Notwithstanding
+any other provision of law, and subject to the regular notification
+procedures of the Committees on Appropriations, the authority of
+section 23(a) of the Arms Export Control Act (22 U.S.C. 2763) may
+be used to provide financing to Israel, Egypt, the North Atlantic
+Treaty Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
-helicopters and other types of aircraft having possible
-civilian application), if the President determines that there
-are compelling foreign policy or national security reasons for
-those defense articles being provided by commercial lease
-rather than by government-to-government sale under such Act.
+helicopters and other types of aircraft having possible civilian
+application), if the President determines that there are compelling
+foreign policy or national security reasons for those defense
+articles being provided by commercial lease rather than by
+government-to-government sale under such Act.
(4) Special defense acquisition fund.--Not to exceed
-$900,000,000 may be obligated pursuant to section 51(c)(2) of
-the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
-purposes of the Special Defense Acquisition Fund (the Fund), to
-remain available for obligation until September 30, 2028:
-Provided, That the provision of defense articles and defense
-services to foreign countries or international organizations
-from the Fund shall be subject to the concurrence of the
-Secretary of State.
+$900,000,000 may be obligated pursuant to section 51(c)(2) of the
+Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the purposes of
+the Special Defense Acquisition Fund (the Fund), to remain
+available for obligation until September 30, 2028: Provided, That
+the provision of defense articles and defense services to foreign
+countries or international organizations from the Fund shall be
+subject to the concurrence of the Secretary of State.
(5) Extension of war reserve stockpile authority.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``2027'' and inserting
``2028''.
-(6) Program clarification.--Notwithstanding section
-503(a)(3) of Public Law 87-195 (22 U.S.C. 2311(a)(3)), the
-procurement of defense articles and services funded on a non-
-repayable basis under section 23 of the Arms Export Control Act
-may be priced to include the costs of salaries of members of
-the Armed Forces of the United States engaged in security
-assistance activities pursuant to 10 U.S.C. 341 (relating to
-the State Partnership Program): Provided, That this paragraph
-shall only apply to funds that remain available for obligation
-in fiscal year 2026.
+(6) Program clarification.--Notwithstanding section 503(a)(3)
+of Public Law 87-195 (22 U.S.C. 2311(a)(3)), the procurement of
+defense articles and services funded on a non-repayable basis under
+section 23 of the Arms Export Control Act may be priced to include
+the costs of salaries of members of the Armed Forces of the United
+States engaged in security assistance activities pursuant to 10
+U.S.C. 341 (relating to the State Partnership Program): Provided,
+That this paragraph shall only apply to funds that remain available
+for obligation in fiscal year 2026.
(7) Foreign military financing direct loans and loan
guarantees.--Through fiscal year 2027, the terms and conditions
provided in section 2606(a) and (b) of the Consolidated
-Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 785)
-shall apply in the same manner and to the same extent to
-amounts made available by this Act under the heading ``Foreign
-Military Financing Program'', except that the limitations on
-amounts made available for direct loans and loan guarantees
-under sections 2606(a) and (b) shall each be increased by an
-additional $8,000,000,000, and the phrase ``, except with
-respect to the initial obligation of funds for such costs''
-shall be inserted before the period in the final proviso of
-section 2606(a) and the final proviso of section 2606(b).
+Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 785) shall
+apply in the same manner and to the same extent to amounts made
+available by this Act under the heading ``Foreign Military
+Financing Program'', except that the limitations on amounts made
+available for direct loans and loan guarantees under sections
+2606(a) and (b) shall each be increased by an additional
+$8,000,000,000, and the phrase ``, except with respect to the
+initial obligation of funds for such costs'' shall be inserted
+before the period in the final proviso of section 2606(a) and the
+final proviso of section 2606(b).
(8) Continuation of authority.--Section 7035(b)(7) of the
Department of State, Foreign Operations, and Related Programs
-Appropriations Act, 2024 (division F of Public Law 118-47)
-shall continue in effect during fiscal year 2026.
+Appropriations Act, 2024 (division F of Public Law 118-47) shall
+continue in effect during fiscal year 2026.
(c) Limitations.--
-(1) Child soldiers.--Funds appropriated by this Act should
-not be used to support any military training or operations that
-include child soldiers.
+(1) Child soldiers.--Funds appropriated by this Act should not
+be used to support any military training or operations that include
+child soldiers.
(2) Landmines and cluster munitions.--
-(A) Landmines.--Notwithstanding any other provision
-of law, demining equipment available to the Department
-of State and used in support of the clearance of
-landmines and unexploded ordnance for humanitarian
-purposes may be disposed of on a grant basis in foreign
-countries, subject to such terms and conditions as the
-Secretary of State may prescribe.
-(B) Cluster munitions.--No military assistance
-shall be furnished for cluster munitions, no defense
-export license for cluster munitions may be issued, and
-no cluster munitions or cluster munitions technology
-shall be sold or transferred, unless--
-(i) the submunitions of the cluster
-munitions, after arming, do not result in more
-than 1 percent unexploded ordnance across the
-range of intended operational environments, and
-the agreement applicable to the assistance,
-transfer, or sale of such cluster munitions or
-cluster munitions technology specifies that the
-cluster munitions will only be used against
-clearly defined military targets and will not
-be used where civilians are known to be present
-or in areas normally inhabited by civilians; or
-(ii) such assistance, license, sale, or
-transfer is for the purpose of demilitarizing
-or permanently disposing of such cluster
-munitions.
-(3) Crowd control.--If the Secretary of State has
-information that a unit of a foreign security force uses
-excessive force to repress peaceful expression or assembly
-concerning corruption, harm to the environment or human health,
-or the fairness of electoral processes, or in countries that
-are undemocratic or undergoing democratic transition, the
-Secretary shall promptly determine if such information is
-credible: Provided, That if the information is determined to
-be credible, funds appropriated by this Act should not be used
-for tear gas, small arms, light weapons, ammunition, or other
-items for crowd control purposes for such unit, unless the
-Secretary of State determines that the foreign government is
-taking effective measures to bring the responsible members of
-such unit to justice.
+(A) Landmines.--Notwithstanding any other provision of law,
+demining equipment available to the Department of State and
+used in support of the clearance of landmines and unexploded
+ordnance for humanitarian purposes may be disposed of on a
+grant basis in foreign countries, subject to such terms and
+conditions as the Secretary of State may prescribe.
+(B) Cluster munitions.--No military assistance shall be
+furnished for cluster munitions, no defense export license for
+cluster munitions may be issued, and no cluster munitions or
+cluster munitions technology shall be sold or transferred,
+unless--
+(i) the submunitions of the cluster munitions, after
+arming, do not result in more than 1 percent unexploded
+ordnance across the range of intended operational
+environments, and the agreement applicable to the
+assistance, transfer, or sale of such cluster munitions or
+cluster munitions technology specifies that the cluster
+munitions will only be used against clearly defined
+military targets and will not be used where civilians are
+known to be present or in areas normally inhabited by
+civilians; or
+(ii) such assistance, license, sale, or transfer is for
+the purpose of demilitarizing or permanently disposing of
+such cluster munitions.
+(3) Crowd control.--If the Secretary of State has information
+that a unit of a foreign security force uses excessive force to
+repress peaceful expression or assembly concerning corruption, harm
+to the environment or human health, or the fairness of electoral
+processes, or in countries that are undemocratic or undergoing
+democratic transition, the Secretary shall promptly determine if
+such information is credible: Provided, That if the information is
+determined to be credible, funds appropriated by this Act should
+not be used for tear gas, small arms, light weapons, ammunition, or
+other items for crowd control purposes for such unit, unless the
+Secretary of State determines that the foreign government is taking
+effective measures to bring the responsible members of such unit to
+justice.
(4) Oversight and accountability.--
-(A) Prior to the signing of a new Letter of Offer
-and Acceptance (LOA) involving funds appropriated under
-the heading ``Foreign Military Financing Program'', the
-Secretary of State shall consult with each recipient
-government to ensure that the LOA between the United
-States and such recipient government complies with the
-purposes of section 4 of the Arms Export Control Act
-(22 U.S.C. 2754) and that the defense articles,
-services, and training procured with funds appropriated
-under such heading are consistent with United States
-national security policy.
-(B) The Secretary of State shall promptly inform
-the appropriate congressional committees of any
-instance in which the Secretary of State has credible
-information that such assistance was used in a manner
-contrary to such agreement.
+(A) Prior to the signing of a new Letter of Offer and
+Acceptance (LOA) involving funds appropriated under the heading
+``Foreign Military Financing Program'', the Secretary of State
+shall consult with each recipient government to ensure that the
+LOA between the United States and such recipient government
+complies with the purposes of section 4 of the Arms Export
+Control Act (22 U.S.C. 2754) and that the defense articles,
+services, and training procured with funds appropriated under
+such heading are consistent with United States national
+security policy.
+(B) The Secretary of State shall promptly inform the
+appropriate congressional committees of any instance in which
+the Secretary of State has credible information that such
+assistance was used in a manner contrary to such agreement.
(d) Other Matters.--
-(1) Security assistance report.--Not later than 120 days
-after the date of enactment of this Act, the Secretary of State
-shall submit to the Committees on Appropriations a report on
-funds obligated and expended during fiscal year 2025, by
-country and purpose of assistance, including for sustainment of
-Department of Defense security cooperation programs, and under
-the headings ``Peacekeeping Operations'', ``International
-Military Education and Training'', and ``Foreign Military
-Financing Program''.
-(2) Annual foreign military training report.--For the
-purposes of implementing section 656 of the Foreign Assistance
-Act of 1961, the term ``military training provided to foreign
-military personnel by the Department of Defense and the
-Department of State'' shall be deemed to include all military
-training provided by foreign governments with funds
-appropriated to the Department of Defense or the Department of
-State, except for training provided by the government of a
-country designated by section 517(b) of such Act (22 U.S.C.
-2321k(b)) as a major non-NATO ally: Provided, That such third-
-country training shall be clearly identified in the report
+(1) Security assistance report.--Not later than 120 days after
+the date of enactment of this Act, the Secretary of State shall
+submit to the Committees on Appropriations a report on funds
+obligated and expended during fiscal year 2025, by country and
+purpose of assistance, including for sustainment of Department of
+Defense security cooperation programs, and under the headings
+``Peacekeeping Operations'', ``International Military Education and
+Training'', and ``Foreign Military Financing Program''.
+(2) Annual foreign military training report.--For the purposes
+of implementing section 656 of the Foreign Assistance Act of 1961,
+the term ``military training provided to foreign military personnel
+by the Department of Defense and the Department of State'' shall be
+deemed to include all military training provided by foreign
+governments with funds appropriated to the Department of Defense or
+the Department of State, except for training provided by the
+government of a country designated by section 517(b) of such Act
+(22 U.S.C. 2321k(b)) as a major non-NATO ally: Provided, That such
+third-country training shall be clearly identified in the report
submitted pursuant to section 656 of such Act.
-(3) Leahy law.--For purposes of implementing section 620M
-of the Foreign Assistance Act of 1961, the term ``credible
+(3) Leahy law.--For purposes of implementing section 620M of
+the Foreign Assistance Act of 1961, the term ``credible
information'' means information that, considering the source of
such information and the surrounding circumstances, supports a
-reasonable belief that a violation has occurred, and shall not
-be determined solely on the basis of the number of sources;
-whether the source has been critical of a policy of the United
-States Government or its security partners; whether the source
-has a personal connection to the information being reported; or
-whether the United States Government is able to independently
-verify the information.
+reasonable belief that a violation has occurred, and shall not be
+determined solely on the basis of the number of sources; whether
+the source has been critical of a policy of the United States
+Government or its security partners; whether the source has a
+personal connection to the information being reported; or whether
+the United States Government is able to independently verify the
+information.
countering the flow of fentanyl and other synthetic drugs
@@ -21922,26 +21522,23 @@
otherwise made available for such purposes.
(b) Uses of Funds.--Funds made available pursuant to subsection (a)
shall be made available to support--
-(1) efforts to stop the flow of fentanyl, fentanyl
-precursors, and other synthetic drugs and their precursor
-materials to the United States from and through the People's
-Republic of China (PRC), Mexico, and other countries;
-(2) law enforcement cooperation and capacity building
-efforts aimed at disrupting and dismantling transnational
-criminal organizations involved in the production and
-trafficking of fentanyl, fentanyl precursors, and other
-synthetic drugs;
-(3) implementation of the Fighting Emerging Narcotics
-Through Additional Nations to Yield Lasting Results Act (part 7
-of subtitle C of the James M. Inhofe National Defense
-Authorization Act for Fiscal Year 2023, Public Law 117-263);
-and
-(4) engagement, including through multilateral
-organizations and frameworks, to catalyze collective action to
-address the public health and security threats posed by
-fentanyl, fentanyl precursors, and other synthetic drugs,
-including through the Global Coalition to Address Synthetic
-Drug Threats.
+(1) efforts to stop the flow of fentanyl, fentanyl precursors,
+and other synthetic drugs and their precursor materials to the
+United States from and through the People's Republic of China
+(PRC), Mexico, and other countries;
+(2) law enforcement cooperation and capacity building efforts
+aimed at disrupting and dismantling transnational criminal
+organizations involved in the production and trafficking of
+fentanyl, fentanyl precursors, and other synthetic drugs;
+(3) implementation of the Fighting Emerging Narcotics Through
+Additional Nations to Yield Lasting Results Act (part 7 of subtitle
+C of the James M. Inhofe National Defense Authorization Act for
+Fiscal Year 2023, Public Law 117-263); and
+(4) engagement, including through multilateral organizations
+and frameworks, to catalyze collective action to address the public
+health and security threats posed by fentanyl, fentanyl precursors,
+and other synthetic drugs, including through the Global Coalition
+to Address Synthetic Drug Threats.
palestinian statehood
@@ -21950,35 +21547,30 @@
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
-(A) has demonstrated a firm commitment to peaceful
-co-existence with the State of Israel; and
-(B) is taking appropriate measures to counter
-terrorism and terrorist financing in the West Bank and
-Gaza, including the dismantling of terrorist
-infrastructures, and is cooperating with appropriate
-Israeli and other appropriate security organizations;
-and
-(2) the Palestinian Authority (or the governing entity of a
-new Palestinian state) is working with other countries in the
-region to vigorously pursue efforts to establish a just,
-lasting, and comprehensive peace in the Middle East that will
-enable Israel and an independent Palestinian state to exist
-within the context of full and normal relationships, which
-should include--
-(A) termination of all claims or states of
-belligerency;
-(B) respect for and acknowledgment of the
-sovereignty, territorial integrity, and political
-independence of every state in the area through
-measures including the establishment of demilitarized
-zones;
+(A) has demonstrated a firm commitment to peaceful co-
+existence with the State of Israel; and
+(B) is taking appropriate measures to counter terrorism and
+terrorist financing in the West Bank and Gaza, including the
+dismantling of terrorist infrastructures, and is cooperating
+with appropriate Israeli and other appropriate security
+organizations; and
+(2) the Palestinian Authority (or the governing entity of a new
+Palestinian state) is working with other countries in the region to
+vigorously pursue efforts to establish a just, lasting, and
+comprehensive peace in the Middle East that will enable Israel and
+an independent Palestinian state to exist within the context of
+full and normal relationships, which should include--
+(A) termination of all claims or states of belligerency;
+(B) respect for and acknowledgment of the sovereignty,
+territorial integrity, and political independence of every
+state in the area through measures including the establishment
+of demilitarized zones;
(C) their right to live in peace within secure and
-recognized boundaries free from threats or acts of
-force;
-(D) freedom of navigation through international
-waterways in the area; and
-(E) a framework for achieving a just settlement of
-the refugee problem.
+recognized boundaries free from threats or acts of force;
+(D) freedom of navigation through international waterways
+in the area; and
+(E) a framework for achieving a just settlement of the
+refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
@@ -22031,45 +21623,39 @@
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
-appropriated under titles III through VI of this Act for
-assistance under the West Bank and Gaza Program may be made
-available for--
-(A) the purpose of recognizing or otherwise
-honoring individuals who commit, or have committed acts
-of terrorism; and
-(B) any educational institution located in the West
-Bank or Gaza that is named after an individual who the
-Secretary of State determines has committed an act of
-terrorism.
+appropriated under titles III through VI of this Act for assistance
+under the West Bank and Gaza Program may be made available for--
+(A) the purpose of recognizing or otherwise honoring
+individuals who commit, or have committed acts of terrorism;
+and
+(B) any educational institution located in the West Bank or
+Gaza that is named after an individual who the Secretary of
+State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
-Notwithstanding any other provision of law, none of the funds
-made available by this or prior appropriations Acts, including
-funds made available by transfer, may be made available for
-obligation for security assistance for the West Bank and Gaza
-until the Secretary of State reports to the Committees on
-Appropriations on--
-(A) the benchmarks that have been established for
-security assistance for the West Bank and Gaza and on
-the extent of Palestinian compliance with such
-benchmarks; and
-(B) the steps being taken by the Palestinian
-Authority to end torture and other cruel, inhuman, and
-degrading treatment of detainees, including by bringing
-to justice members of Palestinian security forces who
-commit such crimes.
+Notwithstanding any other provision of law, none of the funds made
+available by this or prior appropriations Acts, including funds
+made available by transfer, may be made available for obligation
+for security assistance for the West Bank and Gaza until the
+Secretary of State reports to the Committees on Appropriations on--
+(A) the benchmarks that have been established for security
+assistance for the West Bank and Gaza and on the extent of
+Palestinian compliance with such benchmarks; and
+(B) the steps being taken by the Palestinian Authority to
+end torture and other cruel, inhuman, and degrading treatment
+of detainees, including by bringing to justice members of
+Palestinian security forces who commit such crimes.
(d) Oversight by the Department of State.--
-(1) The Secretary of State shall ensure that Federal or
-non-Federal audits of all contractors and grantees, and
-significant subcontractors and sub-grantees, under the West
-Bank and Gaza Program, are conducted at least on an annual
-basis to ensure, among other things, compliance with this
-section.
-(2) Of the funds appropriated by this Act, up to $1,400,000
-may be used by the Office of Inspector General of the
-Department of State for audits, investigations, and other
-activities in furtherance of the requirements of this
-subsection: Provided, That such funds are in addition to funds
-otherwise available for such purposes.
+(1) The Secretary of State shall ensure that Federal or non-
+Federal audits of all contractors and grantees, and significant
+subcontractors and sub-grantees, under the West Bank and Gaza
+Program, are conducted at least on an annual basis to ensure, among
+other things, compliance with this section.
+(2) Of the funds appropriated by this Act, up to $1,400,000 may
+be used by the Office of Inspector General of the Department of
+State for audits, investigations, and other activities in
+furtherance of the requirements of this subsection: Provided, That
+such funds are in addition to funds otherwise available for such
+purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
@@ -22079,9 +21665,9 @@
Investment Programs'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
-(2) an examination of all programs, projects, and
-activities carried out under such Program, including both
-obligations and expenditures.
+(2) an examination of all programs, projects, and activities
+carried out under such Program, including both obligations and
+expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
@@ -22122,160 +21708,148 @@
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
-(1) None of the funds appropriated in titles III through VI
-of this Act may be obligated for salaries of personnel of the
+(1) None of the funds appropriated in titles III through VI of
+this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
-controlled by Hamas, any power-sharing government of which
-Hamas is a member, or that results from an agreement with Hamas
-and over which Hamas exercises undue influence.
-(2) Notwithstanding the limitation of paragraph (1),
-assistance may be provided to a power-sharing government only
-if the President certifies and reports to the Committees on
-Appropriations that such government, including all of its
-ministers or such equivalent, has publicly accepted and is
-complying with the principles contained in section
-620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as
-amended.
-(3) The President may exercise the authority in section
-620K(e) of the Foreign Assistance Act of 1961, as added by the
-Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
-with respect to this subsection.
+controlled by Hamas, any power-sharing government of which Hamas is
+a member, or that results from an agreement with Hamas and over
+which Hamas exercises undue influence.
+(2) Notwithstanding the limitation of paragraph (1), assistance
+may be provided to a power-sharing government only if the President
+certifies and reports to the Committees on Appropriations that such
+government, including all of its ministers or such equivalent, has
+publicly accepted and is complying with the principles contained in
+section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of
+1961, as amended.
+(3) The President may exercise the authority in section 620K(e)
+of the Foreign Assistance Act of 1961, as added by the Palestinian
+Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to
+this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
-Committees on Appropriations within 120 days of the
-certification and every quarter thereafter on whether such
-government, including all of its ministers or such equivalent
-are continuing to comply with the principles contained in
-section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of
-1961, as amended: Provided, That the report shall also detail
-the amount, purposes and delivery mechanisms for any assistance
-provided pursuant to the abovementioned certification and a
-full accounting of any direct support of such government.
-(5) None of the funds appropriated under titles III through
-VI of this Act may be obligated for assistance for the
-Palestine Liberation Organization.
+Committees on Appropriations within 120 days of the certification
+and every quarter thereafter on whether such government, including
+all of its ministers or such equivalent are continuing to comply
+with the principles contained in section 620K(b)(1)(A) and (B) of
+the Foreign Assistance Act of 1961, as amended: Provided, That the
+report shall also detail the amount, purposes and delivery
+mechanisms for any assistance provided pursuant to the
+abovementioned certification and a full accounting of any direct
+support of such government.
+(5) None of the funds appropriated under titles III through VI
+of this Act may be obligated for assistance for the Palestine
+Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Assistance.--Of the funds appropriated by this Act, not
-less than $1,425,000,000 should be made available for
-assistance for Egypt, of which--
-(A) not less than $125,000,000 shall be made
-available from funds under the heading ``National
-Security Investment Programs'', of which not less than
-$40,000,000 should be made available for higher
-education programs, including not less than $15,000,000
-for scholarships for Egyptian students with high
-financial need to attend not-for-profit institutions of
-higher education in Egypt that are currently accredited
-by a regional accrediting agency recognized by the
-United States Department of Education, or meets
-standards equivalent to those required for United
-States institutional accreditation by a regional
-accrediting agency recognized by such Department:
-Provided, That such funds shall be made available for
-democracy programs, and for development programs in the
-Sinai; and
-(B) not less than $1,300,000,000 shall be made
-available from funds under the heading ``Foreign
-Military Financing Program'', to remain available until
-September 30, 2027, subject to the requirements of
-paragraphs (3) and (4): Provided, That such funds may
-be transferred to an interest bearing account in the
-Federal Reserve Bank of New York, following
-consultation with the Committees on Appropriations and
-the uses of any interest earned on such funds shall be
+less than $1,425,000,000 should be made available for assistance
+for Egypt, of which--
+(A) not less than $125,000,000 shall be made available from
+funds under the heading ``National Security Investment
+Programs'', of which not less than $40,000,000 should be made
+available for higher education programs, including not less
+than $15,000,000 for scholarships for Egyptian students with
+high financial need to attend not-for-profit institutions of
+higher education in Egypt that are currently accredited by a
+regional accrediting agency recognized by the United States
+Department of Education, or meets standards equivalent to those
+required for United States institutional accreditation by a
+regional accrediting agency recognized by such Department:
+Provided, That such funds shall be made available for democracy
+programs, and for development programs in the Sinai; and
+(B) not less than $1,300,000,000 shall be made available
+from funds under the heading ``Foreign Military Financing
+Program'', to remain available until September 30, 2027,
+subject to the requirements of paragraphs (3) and (4):
+Provided, That such funds may be transferred to an interest
+bearing account in the Federal Reserve Bank of New York,
+following consultation with the Committees on Appropriations
+and the uses of any interest earned on such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Additional security assistance.--In addition to amounts
-made available pursuant to paragraph (1), not less than
-$75,000,000 of the funds appropriated under the heading
-``Foreign Military Financing Program'' shall be made available
-for assistance for Egypt.
-(3) Certification and report.--Funds appropriated by this
-Act that are available for assistance for Egypt may be made
-available notwithstanding any other provision of law
-restricting assistance for Egypt, except for this subsection
-and section 620M of the Foreign Assistance Act of 1961, and may
-only be made available for assistance for the Government of
-Egypt if the Secretary of State certifies and reports to the
-Committees on Appropriations that such government is--
-(A) sustaining the strategic relationship with the
-United States; and
-(B) meeting its obligations under the 1979 Egypt-
-Israel Peace Treaty.
+made available pursuant to paragraph (1), not less than $75,000,000
+of the funds appropriated under the heading ``Foreign Military
+Financing Program'' shall be made available for assistance for
+Egypt.
+(3) Certification and report.--Funds appropriated by this Act
+that are available for assistance for Egypt may be made available
+notwithstanding any other provision of law restricting assistance
+for Egypt, except for this subsection and section 620M of the
+Foreign Assistance Act of 1961, and may only be made available for
+assistance for the Government of Egypt if the Secretary of State
+certifies and reports to the Committees on Appropriations that such
+government is--
+(A) sustaining the strategic relationship with the United
+States; and
+(B) meeting its obligations under the 1979 Egypt-Israel
+Peace Treaty.
(4) Withholding.--Of the funds made available pursuant to
-paragraph (1)(B), $320,000,000 shall be withheld from
-obligation until the Secretary certifies and reports to the
-Committees on Appropriations that the Government of Egypt is
-meeting the requirements under this section in the explanatory
-statement described in section 4 (in the matter preceding
-division A of this consolidated Act): Provided, That the
-Secretary may waive such requirement if the Secretary
-determines and reports to the Committees on Appropriations that
-such funds are necessary for counterterrorism, border security,
-or nonproliferation programs or that it is otherwise important
-to the national security interest of the United States to do
-so, including a detailed justification for the use of such
-waiver and the reasons why any of the requirements cannot be
-met: Provided further, That the report required by the
-previous proviso shall be submitted in unclassified form but
-may be accompanied by a classified annex.
+paragraph (1)(B), $320,000,000 shall be withheld from obligation
+until the Secretary certifies and reports to the Committees on
+Appropriations that the Government of Egypt is meeting the
+requirements under this section in the explanatory statement
+described in section 4 (in the matter preceding division A of this
+consolidated Act): Provided, That the Secretary may waive such
+requirement if the Secretary determines and reports to the
+Committees on Appropriations that such funds are necessary for
+counterterrorism, border security, or nonproliferation programs or
+that it is otherwise important to the national security interest of
+the United States to do so, including a detailed justification for
+the use of such waiver and the reasons why any of the requirements
+cannot be met: Provided further, That the report required by the
+previous proviso shall be submitted in unclassified form but may be
+accompanied by a classified annex.
(b) Iran.--
-(1) Funding.--Funds appropriated by this Act under the
-headings ``Diplomatic Programs'', ``National Security
-Investment Programs'', and ``Nonproliferation, Anti-terrorism,
-Demining and Related Programs'' shall be made available--
-(A) to support the United States policy to prevent
-Iran from achieving the capability to produce or
-otherwise obtain a nuclear weapon;
-(B) to support an expeditious response to any
-violation of United Nations Security Council
-Resolutions or to efforts that advance Iran's nuclear
-program;
-(C) to support the implementation and enforcement
-of sanctions against Iran for support of nuclear
-weapons development, terrorism, human rights abuses,
-and ballistic missile and weapons proliferation; and
-(D) for democracy programs in support of the
-aspirations of the Iranian people.
+(1) Funding.--Funds appropriated by this Act under the headings
+``Diplomatic Programs'', ``National Security Investment Programs'',
+and ``Nonproliferation, Anti-terrorism, Demining and Related
+Programs'' shall be made available--
+(A) to support the United States policy to prevent Iran
+from achieving the capability to produce or otherwise obtain a
+nuclear weapon;
+(B) to support an expeditious response to any violation of
+United Nations Security Council Resolutions or to efforts that
+advance Iran's nuclear program;
+(C) to support the implementation and enforcement of
+sanctions against Iran for support of nuclear weapons
+development, terrorism, human rights abuses, and ballistic
+missile and weapons proliferation; and
+(D) for democracy programs in support of the aspirations of
+the Iranian people.
(2) Reports.--
-(A) Semi-annual report.--The Secretary of State
-shall submit to the Committees on Appropriations the
-semi-annual report required by section 135(d)(4) of the
-Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
-added by section 2 of the Iran Nuclear Agreement Review
-Act of 2015 (Public Law 114-17).
-(B) Sanctions report.--Not later than 180 days
-after the date of enactment of this Act, the Secretary
-of State, in consultation with the Secretary of the
-Treasury, shall submit to the appropriate congressional
-committees a report on--
-(i) the status of United States bilateral
-sanctions on Iran;
-(ii) the reimposition and renewed
-enforcement of secondary sanctions; and
-(iii) the impact such sanctions have had on
-Iran's destabilizing activities throughout the
-Middle East.
-(3) Limitations.--None of the funds appropriated by this
-Act may be--
-(A) used to implement an agreement with the
-Government of Iran relating to the nuclear program of
-Iran, or a renewal of the Joint Comprehensive Plan of
-Action adopted on October 18, 2015, in contravention of
-the Iran Nuclear Agreement Review Act of 2015 (42
-U.S.C. 2160e);
-(B) made available to any foreign entity or person
-that is subject to United Nations or United States
-bilateral sanctions with respect to the Government of
-Iran; or
+(A) Semi-annual report.--The Secretary of State shall
+submit to the Committees on Appropriations the semi-annual
+report required by section 135(d)(4) of the Atomic Energy Act
+of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
+Iran Nuclear Agreement Review Act of 2015 (Public Law 114-17).
+(B) Sanctions report.--Not later than 180 days after the
+date of enactment of this Act, the Secretary of State, in
+consultation with the Secretary of the Treasury, shall submit
+to the appropriate congressional committees a report on--
+(i) the status of United States bilateral sanctions on
+Iran;
+(ii) the reimposition and renewed enforcement of
+secondary sanctions; and
+(iii) the impact such sanctions have had on Iran's
+destabilizing activities throughout the Middle East.
+(3) Limitations.--None of the funds appropriated by this Act
+may be--
+(A) used to implement an agreement with the Government of
+Iran relating to the nuclear program of Iran, or a renewal of
+the Joint Comprehensive Plan of Action adopted on October 18,
+2015, in contravention of the Iran Nuclear Agreement Review Act
+of 2015 (42 U.S.C. 2160e);
+(B) made available to any foreign entity or person that is
+subject to United Nations or United States bilateral sanctions
+with respect to the Government of Iran; or
(C) used to revoke the designation of the Islamic
-Revolutionary Guard Corps as a Foreign Terrorist
-Organization pursuant to section 219 of the Immigration
-and Nationality Act (8 U.S.C. 1189).
+Revolutionary Guard Corps as a Foreign Terrorist Organization
+pursuant to section 219 of the Immigration and Nationality Act
+(8 U.S.C. 1189).
(c) Israel.--Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not less than
$3,300,000,000 shall be available for grants only for Israel:
@@ -22290,266 +21864,236 @@
procurement in Israel of defense articles and defense services,
including research and development.
(d) Jordan.--
-(1) Of the funds appropriated by this Act under titles III
-and IV, not less than $1,650,000,000 shall be made available
-for assistance for Jordan, of which not less than $845,100,000
-shall be made available for budget support for the Government
-of Jordan and not less than $425,000,000 shall be made
-available under the heading ``Foreign Military Financing
-Program''.
-(2) In addition to amounts made available pursuant to
-paragraph (1), not less than $400,000,000 of the funds
-appropriated under the heading ``National Security Investment
-Programs'' shall be made available for assistance for Jordan,
-which shall be made available for budget support, and not less
-than $50,000,000 of the funds appropriated under the heading
-``Foreign Military Financing Program'' shall be made available
-for assistance for Jordan.
+(1) Of the funds appropriated by this Act under titles III and
+IV, not less than $1,650,000,000 shall be made available for
+assistance for Jordan, of which not less than $845,100,000 shall be
+made available for budget support for the Government of Jordan and
+not less than $425,000,000 shall be made available under the
+heading ``Foreign Military Financing Program''.
+(2) In addition to amounts made available pursuant to paragraph
+(1), not less than $400,000,000 of the funds appropriated under the
+heading ``National Security Investment Programs'' shall be made
+available for assistance for Jordan, which shall be made available
+for budget support, and not less than $50,000,000 of the funds
+appropriated under the heading ``Foreign Military Financing
+Program'' shall be made available for assistance for Jordan.
(e) Lebanon.--
-(1) Limitation.--None of the funds appropriated by this Act
-may be made available for the Lebanese Internal Security Forces
-(ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF
-is controlled by a foreign terrorist organization, as
-designated pursuant to section 219 of the Immigration and
-Nationality Act (8 U.S.C. 1189).
+(1) Limitation.--None of the funds appropriated by this Act may
+be made available for the Lebanese Internal Security Forces (ISF)
+or the Lebanese Armed Forces (LAF) if the ISF or the LAF is
+controlled by a foreign terrorist organization, as designated
+pursuant to section 219 of the Immigration and Nationality Act (8
+U.S.C. 1189).
(2) Security assistance.--
-(A) Funds appropriated by this Act under the
-headings ``International Narcotics Control and Law
-Enforcement'' and ``Foreign Military Financing
-Program'' that are made available for assistance for
-Lebanon may be made available for programs and
-equipment for the ISF and the LAF to address security
-and stability requirements in areas affected by
-conflict in Syria, following consultation with the
-appropriate congressional committees.
-(B) Funds appropriated by this Act under the
-heading ``Foreign Military Financing Program'' that are
-made available for assistance for Lebanon may only be
-made available for programs to--
-(i) professionalize the LAF to mitigate
-internal and external threats from non-state
-actors, including Hizballah;
-(ii) strengthen the security of borders and
-combat terrorism, including training and
-equipping the LAF to secure the borders of
-Lebanon and address security and stability
-requirements in areas affected by conflict in
-Syria, interdicting arms shipments, and
-preventing the use of Lebanon as a safe haven
-for terrorist groups; and
-(iii) implement United Nations Security
-Council Resolution 1701:
-Provided, That prior to obligating funds made
-available by this subparagraph for assistance for the
-LAF, the Secretary of State shall submit to the
-Committees on Appropriations a spend plan, including
-actions to be taken to ensure equipment provided to the
-LAF is used only for the intended purposes, except such
-plan may not be considered as meeting the notification
-requirements under section 7015 of this Act or under
-section 634A of the Foreign Assistance Act of 1961:
-Provided further, That any notification submitted
-pursuant to such section shall include any funds
-specifically intended for lethal military equipment.
+(A) Funds appropriated by this Act under the headings
+``International Narcotics Control and Law Enforcement'' and
+``Foreign Military Financing Program'' that are made available
+for assistance for Lebanon may be made available for programs
+and equipment for the ISF and the LAF to address security and
+stability requirements in areas affected by conflict in Syria,
+following consultation with the appropriate congressional
+committees.
+(B) Funds appropriated by this Act under the heading
+``Foreign Military Financing Program'' that are made available
+for assistance for Lebanon may only be made available for
+programs to--
+(i) professionalize the LAF to mitigate internal and
+external threats from non-state actors, including
+Hizballah;
+(ii) strengthen the security of borders and combat
+terrorism, including training and equipping the LAF to
+secure the borders of Lebanon and address security and
+stability requirements in areas affected by conflict in
+Syria, interdicting arms shipments, and preventing the use
+of Lebanon as a safe haven for terrorist groups; and
+(iii) implement United Nations Security Council
+Resolution 1701:
+Provided, That prior to obligating funds made available by
+this subparagraph for assistance for the LAF, the Secretary of
+State shall submit to the Committees on Appropriations a spend
+plan, including actions to be taken to ensure equipment
+provided to the LAF is used only for the intended purposes,
+except such plan may not be considered as meeting the
+notification requirements under section 7015 of this Act or
+under section 634A of the Foreign Assistance Act of 1961:
+Provided further, That any notification submitted pursuant to
+such section shall include any funds specifically intended for
+lethal military equipment.
(3) Assistance.--Funds appropriated by this Act under the
heading ``National Security Investment Programs'' that are made
available for assistance for Lebanon may be made available
-notwithstanding section 1224 of the Foreign Relations
-Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
-U.S.C. 2346 note).
+notwithstanding section 1224 of the Foreign Relations Authorization
+Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(f) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
-under titles III and IV may be made available, notwithstanding
-any other provision of law, for non-lethal stabilization
-assistance for Syria, including for emergency medical and
-rescue response and chemical weapons investigations.
+under titles III and IV may be made available, notwithstanding any
+other provision of law, for non-lethal stabilization assistance for
+Syria, including for emergency medical and rescue response and
+chemical weapons investigations.
(2) Limitations.--Funds appropriated by this Act and made
-available for assistance for Syria may not be made available
-for--
-(A) a project or activity that supports or
-otherwise legitimizes the Government of Iran, foreign
-terrorist organizations (as designated pursuant to
-section 219 of the Immigration and Nationality Act (8
-U.S.C. 1189)), or a proxy of Iran in Syria; and
-(B) activities that further the strategic
-objectives of the Government of the Russian Federation
-that the Secretary of State determines may threaten or
-undermine United States national security interests.
+available for assistance for Syria may not be made available for--
+(A) a project or activity that supports or otherwise
+legitimizes the Government of Iran, foreign terrorist
+organizations (as designated pursuant to section 219 of the
+Immigration and Nationality Act (8 U.S.C. 1189)), or a proxy of
+Iran in Syria; and
+(B) activities that further the strategic objectives of the
+Government of the Russian Federation that the Secretary of
+State determines may threaten or undermine United States
+national security interests.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
-operations, and related programs that are made available for
-any new program, project, or activity in Syria shall be subject
-to prior consultation with the appropriate congressional
-committees.
+operations, and related programs that are made available for any
+new program, project, or activity in Syria shall be subject to
+prior consultation with the appropriate congressional committees.
(g) Tunisia.--Funds appropriated under titles III and IV of this
Act shall be made available for assistance for Tunisia for the purposes
described under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), following consultation with the Committees on Appropriations.
(h) West Bank and Gaza.--
-(1) Report on assistance.--Prior to the initial obligation
-of funds made available by this Act under the heading
-``National Security Investment Programs'' for assistance for
-the West Bank and Gaza, the Secretary of State shall report to
-the Committees on Appropriations that the purpose of such
-assistance is to--
+(1) Report on assistance.--Prior to the initial obligation of
+funds made available by this Act under the heading ``National
+Security Investment Programs'' for assistance for the West Bank and
+Gaza, the Secretary of State shall report to the Committees on
+Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
-(C) continue support for transparent and
-accountable government institutions;
+(C) continue support for transparent and accountable
+government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
-(A)(i) None of the funds appropriated under the
-heading ``National Security Investment Programs'' in
-this Act may be made available for assistance for the
-Palestinian Authority, if after the date of enactment
-of this Act--
-(I) the Palestinians obtain the same
-standing as member states or full membership as
-a state in the United Nations or any
-specialized agency thereof outside an agreement
-negotiated between Israel and the Palestinians;
-or
-(II) the Palestinians initiate an
-International Criminal Court (ICC) judicially
-authorized investigation, or actively support
-such an investigation, that subjects Israeli
-nationals to an investigation for alleged
-crimes against Palestinians.
-(ii) The Secretary of State may waive the
-restriction in clause (i) of this subparagraph
-resulting from the application of subclause (I) of such
-clause if the Secretary certifies to the Committees on
-Appropriations that to do so is in the national
-security interest of the United States, and submits a
-report to such Committees detailing how the waiver and
-the continuation of assistance would assist in
-furthering Middle East peace.
-(B)(i) The President may waive the provisions of
-section 1003 of the Foreign Relations Authorization
-Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
-the President determines and certifies in writing to
-the Speaker of the House of Representatives, the
-President pro tempore of the Senate, and the
-appropriate congressional committees that the
-Palestinians have not, after the date of enactment of
-this Act--
-(I) obtained in the United Nations or any
-specialized agency thereof the same standing as
-member states or full membership as a state
-outside an agreement negotiated between Israel
-and the Palestinians; and
+(A)(i) None of the funds appropriated under the heading
+``National Security Investment Programs'' in this Act may be
+made available for assistance for the Palestinian Authority, if
+after the date of enactment of this Act--
+(I) the Palestinians obtain the same standing as member
+states or full membership as a state in the United Nations
+or any specialized agency thereof outside an agreement
+negotiated between Israel and the Palestinians; or
+(II) the Palestinians initiate an International
+Criminal Court (ICC) judicially authorized investigation,
+or actively support such an investigation, that subjects
+Israeli nationals to an investigation for alleged crimes
+against Palestinians.
+(ii) The Secretary of State may waive the restriction in
+clause (i) of this subparagraph resulting from the application
+of subclause (I) of such clause if the Secretary certifies to
+the Committees on Appropriations that to do so is in the
+national security interest of the United States, and submits a
+report to such Committees detailing how the waiver and the
+continuation of assistance would assist in furthering Middle
+East peace.
+(B)(i) The President may waive the provisions of section
+1003 of the Foreign Relations Authorization Act, Fiscal Years
+1988 and 1989 (Public Law 100-204) if the President determines
+and certifies in writing to the Speaker of the House of
+Representatives, the President pro tempore of the Senate, and
+the appropriate congressional committees that the Palestinians
+have not, after the date of enactment of this Act--
+(I) obtained in the United Nations or any specialized
+agency thereof the same standing as member states or full
+membership as a state outside an agreement negotiated
+between Israel and the Palestinians; and
(II) initiated or actively supported an ICC
-investigation against Israeli nationals for
-alleged crimes against Palestinians.
-(ii) Not less than 90 days after the President is
-unable to make the certification pursuant to clause (i)
-of this subparagraph, the President may waive section
-1003 of Public Law 100-204 if the President determines
-and certifies in writing to the Speaker of the House of
-Representatives, the President pro tempore of the
-Senate, and the Committees on Appropriations that the
-Palestinians have entered into direct and meaningful
-negotiations with Israel: Provided, That any waiver of
-the provisions of section 1003 of Public Law 100-204
+investigation against Israeli nationals for alleged crimes
+against Palestinians.
+(ii) Not less than 90 days after the President is unable to
+make the certification pursuant to clause (i) of this
+subparagraph, the President may waive section 1003 of Public
+Law 100-204 if the President determines and certifies in
+writing to the Speaker of the House of Representatives, the
+President pro tempore of the Senate, and the Committees on
+Appropriations that the Palestinians have entered into direct
+and meaningful negotiations with Israel: Provided, That any
+waiver of the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
-provisions of law must expire before the waiver under
-this clause may be exercised.
-(iii) Any waiver pursuant to this subparagraph
-shall be effective for no more than a period of 6
-months at a time and shall not apply beyond 12 months
-after the enactment of this Act.
+provisions of law must expire before the waiver under this
+clause may be exercised.
+(iii) Any waiver pursuant to this subparagraph shall be
+effective for no more than a period of 6 months at a time and
+shall not apply beyond 12 months after the enactment of this
+Act.
(3) Gaza oversight.--
-(A) Certification.--The Secretary of State shall
-certify and report to the appropriate congressional
-committees not later than 15 days after the date of
-enactment of this Act, that--
-(i) oversight policies, processes, and
-procedures have been established by the
-Department of State and are in use to prevent
-the diversion to Hamas and other terrorist and
-extremist entities in Gaza and the misuse or
-destruction by such entities of assistance,
-including through international organizations;
-and
-(ii) such policies, processes, and
-procedures have been developed in coordination
-with other bilateral and multilateral donors
-and the Government of Israel, as appropriate.
-(B) Oversight policy and procedures.--The Secretary
-of State shall submit to the appropriate congressional
-committees, concurrent with the submission of the
-certification required in subparagraph (A), a written
-description of the oversight policies, processes, and
-procedures for funds appropriated by this Act that are
-made available for assistance for Gaza, including
-specific actions to be taken should such assistance be
-diverted, misused, or destroyed, and the role of the
-Government of Israel in the oversight of such
-assistance.
-(C) Requirement to inform.--The Secretary of State
-shall promptly inform the appropriate congressional
-committees of each instance in which funds appropriated
-by this Act that are made available for assistance for
-Gaza have been diverted, misused, or destroyed, to
-include the type of assistance, a description of the
-incident and parties involved, and an explanation of
-the response of the Department of State.
-(D) Third party monitoring.--Funds appropriated by
-this Act shall be made available for third party
-monitoring of assistance for Gaza, including end use
-monitoring, following consultation with the appropriate
-congressional committees.
-(E) Report.--Not later than 90 days after the
-initial obligation of funds appropriated by this Act
-that are made available for assistance for Gaza, and
-every 90 days thereafter until all such funds are
-expended, the Secretary of State shall submit to the
-appropriate congressional committees a report detailing
-the amount and purpose of such assistance provided
-during each respective quarter, including a description
-of the specific entity implementing such assistance.
-(F) Assessment.--Not later than 90 days after the
-date of enactment of this Act and every 90 days
-thereafter until September 30, 2027, the Secretary of
-State, in consultation with the Director of National
-Intelligence and other heads of elements of the
-intelligence community that the Secretary considers
-relevant, shall submit to the appropriate congressional
-committees a report assessing whether funds
-appropriated by this Act and made available for
-assistance for the West Bank and Gaza have been
-diverted to or destroyed by Hamas or other terrorist
-and extremist entities in the West Bank and Gaza:
-Provided, That such report shall include details on the
-amount and how such funds were made available and used
-by such entities: Provided further, That such report
+(A) Certification.--The Secretary of State shall certify
+and report to the appropriate congressional committees not
+later than 15 days after the date of enactment of this Act,
+that--
+(i) oversight policies, processes, and procedures have
+been established by the Department of State and are in use
+to prevent the diversion to Hamas and other terrorist and
+extremist entities in Gaza and the misuse or destruction by
+such entities of assistance, including through
+international organizations; and
+(ii) such policies, processes, and procedures have been
+developed in coordination with other bilateral and
+multilateral donors and the Government of Israel, as
+appropriate.
+(B) Oversight policy and procedures.--The Secretary of
+State shall submit to the appropriate congressional committees,
+concurrent with the submission of the certification required in
+subparagraph (A), a written description of the oversight
+policies, processes, and procedures for funds appropriated by
+this Act that are made available for assistance for Gaza,
+including specific actions to be taken should such assistance
+be diverted, misused, or destroyed, and the role of the
+Government of Israel in the oversight of such assistance.
+(C) Requirement to inform.--The Secretary of State shall
+promptly inform the appropriate congressional committees of
+each instance in which funds appropriated by this Act that are
+made available for assistance for Gaza have been diverted,
+misused, or destroyed, to include the type of assistance, a
+description of the incident and parties involved, and an
+explanation of the response of the Department of State.
+(D) Third party monitoring.--Funds appropriated by this Act
+shall be made available for third party monitoring of
+assistance for Gaza, including end use monitoring, following
+consultation with the appropriate congressional committees.
+(E) Report.--Not later than 90 days after the initial
+obligation of funds appropriated by this Act that are made
+available for assistance for Gaza, and every 90 days thereafter
+until all such funds are expended, the Secretary of State shall
+submit to the appropriate congressional committees a report
+detailing the amount and purpose of such assistance provided
+during each respective quarter, including a description of the
+specific entity implementing such assistance.
+(F) Assessment.--Not later than 90 days after the date of
+enactment of this Act and every 90 days thereafter until
+September 30, 2027, the Secretary of State, in consultation
+with the Director of National Intelligence and other heads of
+elements of the intelligence community that the Secretary
+considers relevant, shall submit to the appropriate
+congressional committees a report assessing whether funds
+appropriated by this Act and made available for assistance for
+the West Bank and Gaza have been diverted to or destroyed by
+Hamas or other terrorist and extremist entities in the West
+Bank and Gaza: Provided, That such report shall include
+details on the amount and how such funds were made available
+and used by such entities: Provided further, That such report
may be submitted in classified form, if necessary.
-(G) Consultation.--Not later than 30 days after the
-date of enactment of this Act but prior to the initial
-obligation of funds made available by this Act for
-humanitarian assistance for Gaza, the Secretary of
-State shall consult with the Committees on
-Appropriations on the amount and anticipated uses of
-such funds.
+(G) Consultation.--Not later than 30 days after the date of
+enactment of this Act but prior to the initial obligation of
+funds made available by this Act for humanitarian assistance
+for Gaza, the Secretary of State shall consult with the
+Committees on Appropriations on the amount and anticipated uses
+of such funds.
(4) Application of taylor force act.--Funds appropriated by
this Act under the heading ``National Security Investment
-Programs'' that are made available for assistance for the West
-Bank and Gaza shall be made available consistent with section
-1004(a) of the Taylor Force Act (title X of division S of
-Public Law 115-141).
+Programs'' that are made available for assistance for the West Bank
+and Gaza shall be made available consistent with section 1004(a) of
+the Taylor Force Act (title X of division S of Public Law 115-141).
(5) Security report.--The reporting requirements in section
-1404 of the Supplemental Appropriations Act, 2008 (Public Law
-110-252) shall apply to funds made available by this Act,
-including a description of modifications, if any, to the
-security strategy of the Palestinian Authority.
-(6) Incitement report.--Not later than 90 days after the
-date of enactment of this Act, the Secretary of State shall
-submit a report to the appropriate congressional committees
-detailing steps taken by the Palestinian Authority to counter
-incitement of violence against Israelis and to promote peace
-and coexistence with Israel.
+1404 of the Supplemental Appropriations Act, 2008 (Public Law 110-
+252) shall apply to funds made available by this Act, including a
+description of modifications, if any, to the security strategy of
+the Palestinian Authority.
+(6) Incitement report.--Not later than 90 days after the date
+of enactment of this Act, the Secretary of State shall submit a
+report to the appropriate congressional committees detailing steps
+taken by the Palestinian Authority to counter incitement of
+violence against Israelis and to promote peace and coexistence with
+Israel.
africa
@@ -22558,53 +22102,51 @@
may be made available for a contribution to the Special Criminal Court
in Central African Republic.
(b) Countries of the African Great Lakes Region.--
-(1) Peace agreement and regional economic integration.--
-Funds appropriated under titles III and IV of this Act shall be
-made available to support the June 27, 2025 Peace Agreement
-Between the Democratic Republic of the Congo and the Republic
-of Rwanda and implementation of the Regional Economic
-Integration Framework, including for cross-border security and
-education programs, east-west economic linkages, and health
-security in Virunga National Park and adjoining national parks
-in Rwanda: Provided, That such funds shall prioritize sectors
-deemed critical by the Secretary of State to the national
-security and economic interests of the United States, including
-the mining sector and other natural resources: Provided
-further, That such funds shall also be made available to
-facilitate regional economic integration and investment,
-including with Burundi and Uganda: Provided further, That such
-funds may only be made available following consultation with,
-and the regular notification procedures of, the Committees on
-Appropriations, and in accordance with the requirements
-contained under this section in the explanatory statement
-described in section 4 (in the matter preceding division A of
-this consolidated Act): Provided further, That not less than
-$60,000,000 shall be made available for such purposes, which
-are in addition to amounts made available for assistance for
-the Democratic Republic of the Congo and the Republic of
-Rwanda, including for bilateral assistance for such countries.
-(2) Democratic republic of the congo.--Funds appropriated
-under titles III and IV of this Act shall be made available for
-bilateral assistance for the Democratic Republic of the Congo
-(DRC) for agriculture, global health, law enforcement programs,
-humanitarian assistance, and programs to address violence
-against women and girls, including in Eastern DRC.
-(3) Republic of rwanda.--Funds appropriated under titles
-III and IV of this Act shall be made available for bilateral
-assistance for the Republic of Rwanda, including for maternal
-and child health programs, programs to combat malaria, and
-continued support for the Government of Rwanda's education
-reform efforts.
+(1) Peace agreement and regional economic integration.--Funds
+appropriated under titles III and IV of this Act shall be made
+available to support the June 27, 2025 Peace Agreement Between the
+Democratic Republic of the Congo and the Republic of Rwanda and
+implementation of the Regional Economic Integration Framework,
+including for cross-border security and education programs, east-
+west economic linkages, and health security in Virunga National
+Park and adjoining national parks in Rwanda: Provided, That such
+funds shall prioritize sectors deemed critical by the Secretary of
+State to the national security and economic interests of the United
+States, including the mining sector and other natural resources:
+Provided further, That such funds shall also be made available to
+facilitate regional economic integration and investment, including
+with Burundi and Uganda: Provided further, That such funds may
+only be made available following consultation with, and the regular
+notification procedures of, the Committees on Appropriations, and
+in accordance with the requirements contained under this section in
+the explanatory statement described in section 4 (in the matter
+preceding division A of this consolidated Act): Provided further,
+That not less than $60,000,000 shall be made available for such
+purposes, which are in addition to amounts made available for
+assistance for the Democratic Republic of the Congo and the
+Republic of Rwanda, including for bilateral assistance for such
+countries.
+(2) Democratic republic of the congo.--Funds appropriated under
+titles III and IV of this Act shall be made available for bilateral
+assistance for the Democratic Republic of the Congo (DRC) for
+agriculture, global health, law enforcement programs, humanitarian
+assistance, and programs to address violence against women and
+girls, including in Eastern DRC.
+(3) Republic of rwanda.--Funds appropriated under titles III
+and IV of this Act shall be made available for bilateral assistance
+for the Republic of Rwanda, including for maternal and child health
+programs, programs to combat malaria, and continued support for the
+Government of Rwanda's education reform efforts.
(4) Assistance restriction.--Funds appropriated by this Act
-under the heading ``International Military Education and
-Training'' for the central government of a country in the
-African Great Lakes region may be made available only for
-Expanded International Military Education and Training and
-professional military education until the Secretary of State
-determines and reports to the Committees on Appropriations that
-such government is not facilitating or otherwise participating
-in destabilizing activities in a neighboring country, including
-aiding and abetting armed groups.
+under the heading ``International Military Education and Training''
+for the central government of a country in the African Great Lakes
+region may be made available only for Expanded International
+Military Education and Training and professional military education
+until the Secretary of State determines and reports to the
+Committees on Appropriations that such government is not
+facilitating or otherwise participating in destabilizing activities
+in a neighboring country, including aiding and abetting armed
+groups.
(c) Counter Illicit Armed Groups.--Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord's Resistance Army (LRA) or other illicit armed groups in
@@ -22619,200 +22161,188 @@
(2) civil society and the protection of human rights;
(3) investigations and prosecutions of gross violations of
human rights;
-(4) efforts to provide unimpeded access to, and monitoring
-of, humanitarian assistance; and
+(4) efforts to provide unimpeded access to, and monitoring of,
+humanitarian assistance; and
(5) the restoration of basic services in areas impacted by
conflict.
(e) Nigeria.--
-(1) Certification.--Of the funds appropriated under titles
-III and IV of this Act that are made available for assistance
-for the central Government of Nigeria, 50 percent may not be
-obligated until the Secretary of State certifies to the
-Committees on Appropriations that such Government is--
-(A) taking effective steps to prevent and respond
-to violence and hold perpetrators accountable;
-(B) prioritizing resources to support victims of
-such violence, including internally displaced persons;
-(C) actively facilitating the safe return,
-resettlement, and reconstruction of communities
-impacted by the violence; and
+(1) Certification.--Of the funds appropriated under titles III
+and IV of this Act that are made available for assistance for the
+central Government of Nigeria, 50 percent may not be obligated
+until the Secretary of State certifies to the Committees on
+Appropriations that such Government is--
+(A) taking effective steps to prevent and respond to
+violence and hold perpetrators accountable;
+(B) prioritizing resources to support victims of such
+violence, including internally displaced persons;
+(C) actively facilitating the safe return, resettlement,
+and reconstruction of communities impacted by the violence; and
(D) allocating sufficient resources to address the
conditions in subparagraphs (A) through (C).
-(2) Program prioritization.--Funds appropriated under
-titles III and IV of this Act that are made available for
-assistance for Nigeria shall be made available on a cost-
-matching basis to the maximum extent practicable and used to
-support--
-(A) atrocities prevention, including through early
-warning systems;
+(2) Program prioritization.--Funds appropriated under titles
+III and IV of this Act that are made available for assistance for
+Nigeria shall be made available on a cost-matching basis to the
+maximum extent practicable and used to support--
+(A) atrocities prevention, including through early warning
+systems;
(B) advancing religious freedom;
-(C) investigations and prosecutions of violence
-committed by Fulani militia groups, jihadist terror
-groups, and criminal gangs;
-(D) the effectiveness and accountability of police
-and security forces for the protection of civilians
-from militia or terrorist attack;
+(C) investigations and prosecutions of violence committed
+by Fulani militia groups, jihadist terror groups, and criminal
+gangs;
+(D) the effectiveness and accountability of police and
+security forces for the protection of civilians from militia or
+terrorist attack;
(E) the delivery of humanitarian assistance;
-(F) the restoration of basic services in areas
-impacted by conflict including through faith-based and
-local organizations; and
-(G) the development of demobilization, disarmament,
-and reintegration efforts to address the challenge of
-illegal weapons trafficking and related security risks,
-pursuant to section 7035(b)(2) of this Act.
+(F) the restoration of basic services in areas impacted by
+conflict including through faith-based and local organizations;
+and
+(G) the development of demobilization, disarmament, and
+reintegration efforts to address the challenge of illegal
+weapons trafficking and related security risks, pursuant to
+section 7035(b)(2) of this Act.
(3) Accountability.--The Comptroller General of the United
States shall conduct an independent audit of all United States
-foreign assistance provided to Nigeria during the 5 fiscal
-years preceding enactment of this Act: Provided, That such
-audit shall assess the criteria enumerated under this section
-in the explanatory statement described in section 4 (in the
-matter preceding division A of this consolidated Act).
+foreign assistance provided to Nigeria during the 5 fiscal years
+preceding enactment of this Act: Provided, That such audit shall
+assess the criteria enumerated under this section in the
+explanatory statement described in section 4 (in the matter
+preceding division A of this consolidated Act).
(f) South Sudan.--None of the funds appropriated by this Act under
title IV may be made available for assistance for the central
Government of South Sudan, except to support implementation of a viable
peace agreement in South Sudan.
(g) Sudan.--
(1) Limitation.--None of the funds appropriated by this Act
-under title IV may be made available for assistance for the
-central Government of Sudan, except to support implementation
-of a viable peace agreement in Sudan.
+under title IV may be made available for assistance for the central
+Government of Sudan, except to support implementation of a viable
+peace agreement in Sudan.
(2) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
-operations, and related programs that are made available for
-any new program, project, or activity in Sudan shall be subject
-to prior consultation with the appropriate congressional
+operations, and related programs that are made available for any
+new program, project, or activity in Sudan shall be subject to
+prior consultation with the appropriate congressional committees.
+(h) Zimbabwe.--
+(1) Instruction.--The Secretary of the Treasury shall instruct
+the United States executive director of each international
+financial institution to vote against any extension by the
+respective institution of any loan or grant to the Government of
+Zimbabwe, except to meet basic human needs or to promote democracy,
+unless the Secretary of State certifies and reports to the
+Committees on Appropriations that the rule of law has been
+restored, including respect for ownership and title to property,
+and freedoms of expression, association, and assembly.
+(2) Limitation.--None of the funds appropriated by this Act
+shall be made available for assistance for the central Government
+of Zimbabwe, except for health and education, unless the Secretary
+of State certifies and reports as required in paragraph (1).
+
+east asia and the pacific
+
+Sec. 7043. (a) Burma.--
+(1) Uses of funds.--Of the funds appropriated by this Act under
+the heading ``National Security Investment Programs'', not less
+than $121,000,000 shall be made available for assistance for Burma
+for the purposes described in section 5575 of the Burma Act of 2022
+(subtitle E of title LV of division E of Public Law 117-263) and
+section 7043(a) of the Department of State, Foreign Operations, and
+Related Programs Appropriations Act, 2023 (division K of Public Law
+117-328): Provided, That the authorities, limitations, and
+conditions contained in section 7043(a) of division K of Public Law
+117-328 shall apply to funds made available for assistance for
+Burma under this Act, except for the minimum funding requirements
+and paragraph (1)(B): Provided further, That for the purposes of
+section 5575 of the Burma Act of 2022 and assistance for Burma made
+available by this Act and prior Acts making appropriations for the
+Department of State, foreign operations, and related programs,
+``non-lethal assistance'' shall include equipment and associated
+training as described under this section in the explanatory
+statement described in section 4 (in the matter preceding division
+A of this consolidated Act).
+(2) Assistance.--Of the funds appropriated by subsection (a),
+not less than the following amounts shall be made available for
+assistance for Burma--
+(A) $75,000,000 for assistance programs, including in
+Thailand and India, and cross border programs;
+(B) $10,000,000 for governance and federalism programs,
+including at the local and state levels;
+(C) $7,000,000 for atrocities prevention and accountability
+programs, including for documentation and preservation of
+evidence;
+(D) $1,000,000 for accountability and justice programs for
+crimes against the Rohingya;
+(E) $25,000,000 for non-lethal assistance, consistent with
+the requirements of paragraph (1);
+(F) $1,500,000 for support for current and former political
+prisoners; and
+(G) $1,500,000 for deserter programs, consistent with the
+requirements of paragraph (3).
+(3) Deserter programs.--Pursuant to section 7043(a)(1)(A) of
+division K of Public Law 117-328, as continued in effect by this
+subsection, funds appropriated by this Act and prior Acts making
+appropriations for the Department of State, foreign operations, and
+related programs that are made available for assistance for Burma
+shall be made available for programs and activities to support
+deserters from the military junta and its allied entities,
+following consultation with the appropriate congressional
committees.
-(h) Zimbabwe.--
-(1) Instruction.--The Secretary of the Treasury shall
-instruct the United States executive director of each
-international financial institution to vote against any
-extension by the respective institution of any loan or grant to
-the Government of Zimbabwe, except to meet basic human needs or
-to promote democracy, unless the Secretary of State certifies
-and reports to the Committees on Appropriations that the rule
-of law has been restored, including respect for ownership and
-title to property, and freedoms of expression, association, and
-assembly.
-(2) Limitation.--None of the funds appropriated by this Act
-shall be made available for assistance for the central
-Government of Zimbabwe, except for health and education, unless
-the Secretary of State certifies and reports as required in
-paragraph (1).
-
-east asia and the pacific
-
-Sec. 7043. (a) Burma.--
-(1) Uses of funds.--Of the funds appropriated by this Act
-under the heading ``National Security Investment Programs'',
-not less than $121,000,000 shall be made available for
-assistance for Burma for the purposes described in section 5575
-of the Burma Act of 2022 (subtitle E of title LV of division E
-of Public Law 117-263) and section 7043(a) of the Department of
-State, Foreign Operations, and Related Programs Appropriations
-Act, 2023 (division K of Public Law 117-328): Provided, That
-the authorities, limitations, and conditions contained in
-section 7043(a) of division K of Public Law 117-328 shall apply
-to funds made available for assistance for Burma under this
-Act, except for the minimum funding requirements and paragraph
-(1)(B): Provided further, That for the purposes of section
-5575 of the Burma Act of 2022 and assistance for Burma made
-available by this Act and prior Acts making appropriations for
-the Department of State, foreign operations, and related
-programs, ``non-lethal assistance'' shall include equipment and
-associated training as described under this section in the
-explanatory statement described in section 4 (in the matter
-preceding division A of this consolidated Act).
-(2) Assistance.--Of the funds appropriated by subsection
-(a), not less than the following amounts shall be made
-available for assistance for Burma--
-(A) $75,000,000 for assistance programs, including
-in Thailand and India, and cross border programs;
-(B) $10,000,000 for governance and federalism
-programs, including at the local and state levels;
-(C) $7,000,000 for atrocities prevention and
-accountability programs, including for documentation
-and preservation of evidence;
-(D) $1,000,000 for accountability and justice
-programs for crimes against the Rohingya;
-(E) $25,000,000 for non-lethal assistance,
-consistent with the requirements of paragraph (1);
-(F) $1,500,000 for support for current and former
-political prisoners; and
-(G) $1,500,000 for deserter programs, consistent
-with the requirements of paragraph (3).
-(3) Deserter programs.--Pursuant to section 7043(a)(1)(A)
-of division K of Public Law 117-328, as continued in effect by
-this subsection, funds appropriated by this Act and prior Acts
-making appropriations for the Department of State, foreign
-operations, and related programs that are made available for
-assistance for Burma shall be made available for programs and
-activities to support deserters from the military junta and its
-allied entities, following consultation with the appropriate
-congressional committees.
(b) Indo-Pacific Strategy.--
-(1) Assistance.--Of the funds appropriated under titles III
-and IV of this Act, not less than $1,800,000,000 shall be made
-available to support implementation of the Indo-Pacific
-Strategy.
-(2) Countering prc influence fund.--Of the funds
-appropriated or otherwise made available by this Act under the
-headings ``National Security Investment Programs'',
-``International Narcotics Control and Law Enforcement'',
-``Nonproliferation, Anti-terrorism, Demining and Related
-Programs'', and ``Foreign Military Financing Program'', not
-less than $400,000,000 shall be made available for a Countering
-PRC Influence Fund to counter the influence of the Government
-of the People's Republic of China and the Chinese Communist
-Party and entities acting on their behalf globally, which shall
-be subject to prior consultation with the Committees on
-Appropriations: Provided, That such funds are in addition to
-amounts otherwise made available for such purposes: Provided
-further, That up to 10 percent of such funds shall be held in
-reserve to respond to unanticipated opportunities to counter
-PRC influence: Provided further, That funds made available
-pursuant to this paragraph under the heading ``Foreign Military
-Financing Program'' may remain available until September 30,
-2027: Provided further, That funds appropriated by this Act
-for such Fund under the headings ``International Narcotics
-Control and Law Enforcement'', ``Nonproliferation, Anti-
-terrorism, Demining and Related Programs'', and ``Foreign
-Military Financing Program'' may be transferred to, and merged
-with, funds appropriated under such headings: Provided
-further, That such transfer authority is in addition to any
-other transfer authority provided by this Act or any other Act,
-and is subject to the regular notification procedures of the
-Committees on Appropriations.
+(1) Assistance.--Of the funds appropriated under titles III and
+IV of this Act, not less than $1,800,000,000 shall be made
+available to support implementation of the Indo-Pacific Strategy.
+(2) Countering prc influence fund.--Of the funds appropriated
+or otherwise made available by this Act under the headings
+``National Security Investment Programs'', ``International
+Narcotics Control and Law Enforcement'', ``Nonproliferation, Anti-
+terrorism, Demining and Related Programs'', and ``Foreign Military
+Financing Program'', not less than $400,000,000 shall be made
+available for a Countering PRC Influence Fund to counter the
+influence of the Government of the People's Republic of China and
+the Chinese Communist Party and entities acting on their behalf
+globally, which shall be subject to prior consultation with the
+Committees on Appropriations: Provided, That such funds are in
+addition to amounts otherwise made available for such purposes:
+Provided further, That up to 10 percent of such funds shall be held
+in reserve to respond to unanticipated opportunities to counter PRC
+influence: Provided further, That funds made available pursuant to
+this paragraph under the heading ``Foreign Military Financing
+Program'' may remain available until September 30, 2027: Provided
+further, That funds appropriated by this Act for such Fund under
+the headings ``International Narcotics Control and Law
+Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
+Related Programs'', and ``Foreign Military Financing Program'' may
+be transferred to, and merged with, funds appropriated under such
+headings: Provided further, That such transfer authority is in
+addition to any other transfer authority provided by this Act or
+any other Act, and is subject to the regular notification
+procedures of the Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
-appropriated by this Act and prior Acts making appropriations
-for the Department of State, foreign operations, and related
-programs may be made available for any project or activity that
-directly supports or promotes--
+appropriated by this Act and prior Acts making appropriations for
+the Department of State, foreign operations, and related programs
+may be made available for any project or activity that directly
+supports or promotes--
(A) the Belt and Road Initiative or any dual-use
-infrastructure projects of the People's Republic of
-China; or
+infrastructure projects of the People's Republic of China; or
(B) the use of technology, including biotechnology,
-digital, telecommunications, and cyber, developed by
-the People's Republic of China unless the Secretary of
-State, in consultation with the heads of other Federal
-agencies, as appropriate, determines that such use does
-not adversely impact the national security of the
-United States.
-(4) Maps.--None of the funds made available by this Act
-should be used to create, procure, or display any map that
-inaccurately depicts the territory and social and economic
-system of Taiwan and the islands or island groups administered
-by Taiwan authorities.
+digital, telecommunications, and cyber, developed by the
+People's Republic of China unless the Secretary of State, in
+consultation with the heads of other Federal agencies, as
+appropriate, determines that such use does not adversely impact
+the national security of the United States.
+(4) Maps.--None of the funds made available by this Act should
+be used to create, procure, or display any map that inaccurately
+depicts the territory and social and economic system of Taiwan and
+the islands or island groups administered by Taiwan authorities.
(5) Treasury appropriations fund symbol 97-11 x 8242
-reprogramming.--Of the grant balances in the Foreign Military
-Sales Trust Fund, identified by Treasury Appropriations Fund
-Symbol 97-11 X 8242, which are not currently applied to an
-active FMS case and which were appropriated prior to fiscal
-year 2016, $50,000,000 shall be deobligated, as appropriate,
-and shall be available for assistance for countries in the
-Indo-Pacific region and for the purposes of the Countering PRC
-Influence Fund, in addition to any funds otherwise made
-available for such purposes, under the same authorities and
-conditions as amounts made available under this subsection.
+reprogramming.--Of the grant balances in the Foreign Military Sales
+Trust Fund, identified by Treasury Appropriations Fund Symbol 97-11
+X 8242, which are not currently applied to an active FMS case and
+which were appropriated prior to fiscal year 2016, $50,000,000
+shall be deobligated, as appropriate, and shall be available for
+assistance for countries in the Indo-Pacific region and for the
+purposes of the Countering PRC Influence Fund, in addition to any
+funds otherwise made available for such purposes, under the same
+authorities and conditions as amounts made available under this
+subsection.
(c) Laos.--Funds appropriated by this Act under titles III and IV
shall be made available for assistance for Laos, including for
assistance for persons with disabilities caused by unexploded ordnance
@@ -22834,96 +22364,90 @@
operating plan submitted pursuant to section 7062 of this Act,
following consultation with the appropriate congressional committees.
(e) North Korea.--
-(1) Cybersecurity.--None of the funds appropriated by this
-Act or prior Acts making appropriations for the Department of
-State, foreign operations, and related programs may be made
-available for assistance for the central government of a
-country the Secretary of State determines and reports to the
-appropriate congressional committees engages in significant
-transactions contributing materially to the malicious cyber-
-intrusion capabilities of the Government of North Korea:
-Provided, That the Secretary of State shall submit the report
-required by section 209 of the North Korea Sanctions and Policy
-Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 9229) to
-the Committees on Appropriations: Provided further, That the
-Secretary of State may waive the application of the restriction
-in this paragraph with respect to assistance for the central
-government of a country if the Secretary determines and reports
-to the appropriate congressional committees that to do so is
-important to the national security interest of the United
+(1) Cybersecurity.--None of the funds appropriated by this Act
+or prior Acts making appropriations for the Department of State,
+foreign operations, and related programs may be made available for
+assistance for the central government of a country the Secretary of
+State determines and reports to the appropriate congressional
+committees engages in significant transactions contributing
+materially to the malicious cyber-intrusion capabilities of the
+Government of North Korea: Provided, That the Secretary of State
+shall submit the report required by section 209 of the North Korea
+Sanctions and Policy Enhancement Act of 2016 (Public Law 114-122;
+22 U.S.C. 9229) to the Committees on Appropriations: Provided
+further, That the Secretary of State may waive the application of
+the restriction in this paragraph with respect to assistance for
+the central government of a country if the Secretary determines and
+reports to the appropriate congressional committees that to do so
+is important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
-available to maintain broadcasting hours into North Korea at
-levels not less than the prior fiscal year.
+available to maintain broadcasting hours into North Korea at levels
+not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
-headings ``National Security Investment Programs'' and
-``Democracy Fund'' shall be made available for the promotion of
-human rights in North Korea: Provided, That the authority of
-section 7032(b)(1) of this Act shall apply to such funds.
+headings ``National Security Investment Programs'' and ``Democracy
+Fund'' shall be made available for the promotion of human rights in
+North Korea: Provided, That the authority of section 7032(b)(1) of
+this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``National Security
-Investment Programs'' may be made available for assistance for
-the Government of North Korea.
+Investment Programs'' may be made available for assistance for the
+Government of North Korea.
(f) Pacific Islands Countries.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Administration of Foreign Affairs'' shall be made
-available to increase the United States diplomatic and
-development presence in Pacific Islands countries (PICs),
-including the number and location of facilities and personnel,
-and to enhance the communications capacity of such personnel:
-Provided, That such expanded presence shall be reflected in the
-operating plan submitted pursuant to section 7062 of this Act,
-following consultation with the appropriate congressional
-committees.
-(2) Assistance.--Of the funds appropriated by this Act
-under the headings ``National Security Investment Programs'',
+available to increase the United States diplomatic and development
+presence in Pacific Islands countries (PICs), including the number
+and location of facilities and personnel, and to enhance the
+communications capacity of such personnel: Provided, That such
+expanded presence shall be reflected in the operating plan
+submitted pursuant to section 7062 of this Act, following
+consultation with the appropriate congressional committees.
+(2) Assistance.--Of the funds appropriated by this Act under
+the headings ``National Security Investment Programs'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
-Programs'', and ``Foreign Military Financing Program'', not
-less than $175,000,000 shall be made available for assistance
-for PICs: Provided, That funds appropriated by this Act that
-are made available for the Countering PRC Influence Fund shall
-be made available for assistance for PICs, in addition to funds
-made available under this paragraph: Provided further, That
-funds made available by this paragraph for assistance for PICs
-shall be made available for programs and activities to
-strengthen and expand cooperation between the United States and
-higher education institutions in PICs, to be awarded on a
-competitive basis: Provided further, That of the funds made
-available by this paragraph for assistance for PICs: not less
-than $5,000,000 shall be made available for trilateral
-programs; not less than $7,500,000 shall be made available for
-unexploded ordnance clearance, including in Papua New Guinea,
-Solomon Islands, and Kiribati; and not less than $20,000,000
-shall be made available for a regional financing facility
-established by the Pacific Islands Forum to build preparedness
-against natural disasters.
+Programs'', and ``Foreign Military Financing Program'', not less
+than $175,000,000 shall be made available for assistance for PICs:
+Provided, That funds appropriated by this Act that are made
+available for the Countering PRC Influence Fund shall be made
+available for assistance for PICs, in addition to funds made
+available under this paragraph: Provided further, That funds made
+available by this paragraph for assistance for PICs shall be made
+available for programs and activities to strengthen and expand
+cooperation between the United States and higher education
+institutions in PICs, to be awarded on a competitive basis:
+Provided further, That of the funds made available by this
+paragraph for assistance for PICs: not less than $5,000,000 shall
+be made available for trilateral programs; not less than $7,500,000
+shall be made available for unexploded ordnance clearance,
+including in Papua New Guinea, Solomon Islands, and Kiribati; and
+not less than $20,000,000 shall be made available for a regional
+financing facility established by the Pacific Islands Forum to
+build preparedness against natural disasters.
(g) People's Republic of China.--
(1) Prohibition.--
-None of the funds appropriated by this Act may be
-made available for assistance for the Government of the
-People's Republic of China or the Chinese Communist
-Party.
-(2) Hong kong.--Of the funds appropriated by this Act under
-the heading ``Democracy Fund'', not less than $5,000,000 shall
-be made available for democracy and Internet freedom programs
-for Hong Kong, including legal and other support for democracy
-activists.
+None of the funds appropriated by this Act may be made
+available for assistance for the Government of the People's
+Republic of China or the Chinese Communist Party.
+(2) Hong kong.--Of the funds appropriated by this Act under the
+heading ``Democracy Fund'', not less than $5,000,000 shall be made
+available for democracy and Internet freedom programs for Hong
+Kong, including legal and other support for democracy activists.
(h) Philippines.--
-(1) Assistance.--Of the funds appropriated by this Act
-under titles III and IV, not less than $180,300,000 shall be
-made available for assistance for the Philippines, of which not
-less than $80,300,000 shall be made available under the heading
+(1) Assistance.--Of the funds appropriated by this Act under
+titles III and IV, not less than $180,300,000 shall be made
+available for assistance for the Philippines, of which not less
+than $80,300,000 shall be made available under the heading
``National Security Investment Programs'' and not less than
-$100,000,000 shall be made available under the heading
-``Foreign Military Financing Program''.
+$100,000,000 shall be made available under the heading ``Foreign
+Military Financing Program''.
(2) Limitation.--None of the funds appropriated by this Act
under the heading ``International Narcotics Control and Law
-Enforcement'' may be made available for counternarcotics
-assistance for the Philippines, except for drug demand
-reduction, maritime law enforcement, or transnational
-interdiction.
+Enforcement'' may be made available for counternarcotics assistance
+for the Philippines, except for drug demand reduction, maritime law
+enforcement, or transnational interdiction.
(i) Public Law 106-554.--Of the funds appropriated by this Act
under the headings ``Educational and Cultural Exchange Programs'' and
``National Security Investment Programs'', not less than $11,500,000
@@ -22932,99 +22456,93 @@
as enacted by section 1(a)(4) of Public Law 106-554 and contained in
appendix D of such Act; 114 Stat. 2763A-257; 22 U.S.C. 2452 note).
(j) Taiwan.--
-(1) Global cooperation and training framework.--Of the
-funds appropriated by this Act under the heading ``National
-Security Investment Programs'', not less than $4,000,000 shall
-be made available for the Global Cooperation and Training
-Framework, which shall be administered by the American
-Institute in Taiwan.
+(1) Global cooperation and training framework.--Of the funds
+appropriated by this Act under the heading ``National Security
+Investment Programs'', not less than $4,000,000 shall be made
+available for the Global Cooperation and Training Framework, which
+shall be administered by the American Institute in Taiwan.
(2) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not less than $300,000,000 shall be made
-available for assistance for Taiwan: Provided, That the
-Secretary of State, in coordination with the Secretary of
-Defense, shall prioritize the delivery of defense articles and
-services for Taiwan.
-(3) Foreign military financing program loan and loan
-guarantee authority.--Funds appropriated by this Act and prior
-Acts making appropriations for the Department of State, foreign
-operations, and related programs under the heading ``Foreign
-Military Financing Program'', except for amounts designated as
-an emergency requirement pursuant to a concurrent resolution on
-the budget or the Balanced Budget and Emergency Deficit Control
-Act of 1985, may be made available for the costs, as defined in
-section 502 of the Congressional Budget Act of 1974, of direct
-loans and loan guarantees for Taiwan, as authorized by section
-5502(g) of the Taiwan Enhanced Resilience Act (subtitle A of
-title LV of division E of Public Law 117-263).
-(4) Fellowship program.--Funds appropriated by this Act
-under the heading ``Payment to the American Institute in
-Taiwan'' shall be made available for the Taiwan Fellowship
-Program.
+available for assistance for Taiwan: Provided, That the Secretary
+of State, in coordination with the Secretary of Defense, shall
+prioritize the delivery of defense articles and services for
+Taiwan.
+(3) Foreign military financing program loan and loan guarantee
+authority.--Funds appropriated by this Act and prior Acts making
+appropriations for the Department of State, foreign operations, and
+related programs under the heading ``Foreign Military Financing
+Program'', except for amounts designated as an emergency
+requirement pursuant to a concurrent resolution on the budget or
+the Balanced Budget and Emergency Deficit Control Act of 1985, may
+be made available for the costs, as defined in section 502 of the
+Congressional Budget Act of 1974, of direct loans and loan
+guarantees for Taiwan, as authorized by section 5502(g) of the
+Taiwan Enhanced Resilience Act (subtitle A of title LV of division
+E of Public Law 117-263).
+(4) Fellowship program.--Funds appropriated by this Act under
+the heading ``Payment to the American Institute in Taiwan'' shall
+be made available for the Taiwan Fellowship Program.
(5) Consultation.--Not later than 60 days after the date of
-enactment of this Act, the Secretary of State shall consult
-with the Committees on Appropriations on the uses of funds made
-available pursuant to this subsection: Provided, That such
-funds shall be subject to the regular notification procedures
-of the Committees on Appropriations.
+enactment of this Act, the Secretary of State shall consult with
+the Committees on Appropriations on the uses of funds made
+available pursuant to this subsection: Provided, That such funds
+shall be subject to the regular notification procedures of the
+Committees on Appropriations.
(k) Tibet.--
-(1) Notwithstanding any other provision of law, of the
-funds appropriated by this Act under the heading ``National
-Security Investment Programs'', not less than $10,000,000 shall
-be made available to nongovernmental organizations with
-experience working with Tibetan communities to support
-activities which preserve cultural traditions and promote
-sustainable development, education, and environmental
-conservation in Tibetan communities in the Tibet Autonomous
-Region and in other Tibetan communities in China.
+(1) Notwithstanding any other provision of law, of the funds
+appropriated by this Act under the heading ``National Security
+Investment Programs'', not less than $10,000,000 shall be made
+available to nongovernmental organizations with experience working
+with Tibetan communities to support activities which preserve
+cultural traditions and promote sustainable development, education,
+and environmental conservation in Tibetan communities in the Tibet
+Autonomous Region and in other Tibetan communities in China.
(2) Of the funds appropriated by this Act under the heading
-``National Security Investment Programs'', not less than
-$8,000,000 shall be made available for programs to promote and
-preserve Tibetan culture and language in the refugee and
-diaspora Tibetan communities, development, and the resilience
-of Tibetan communities and the Central Tibetan Administration
-in India and Nepal, and to assist in the education and
-development of the next generation of Tibetan leaders from such
-communities: Provided, That such funds are in addition to
-amounts made available in paragraph (1) for programs inside
-Tibet.
+``National Security Investment Programs'', not less than $8,000,000
+shall be made available for programs to promote and preserve
+Tibetan culture and language in the refugee and diaspora Tibetan
+communities, development, and the resilience of Tibetan communities
+and the Central Tibetan Administration in India and Nepal, and to
+assist in the education and development of the next generation of
+Tibetan leaders from such communities: Provided, That such funds
+are in addition to amounts made available in paragraph (1) for
+programs inside Tibet.
(3) Of the funds appropriated by this Act under the heading
-``National Security Investment Programs'', not less than
-$5,000,000 shall be made available for programs to strengthen
-the capacity of the Central Tibetan Administration, of which up
-to $1,500,000 may be made available to address economic growth
-and capacity building activities, including for displaced
-Tibetan refugee families in India and Nepal to help meet basic
-needs, following consultation with the Committees on
-Appropriations.
+``National Security Investment Programs'', not less than $5,000,000
+shall be made available for programs to strengthen the capacity of
+the Central Tibetan Administration, of which up to $1,500,000 may
+be made available to address economic growth and capacity building
+activities, including for displaced Tibetan refugee families in
+India and Nepal to help meet basic needs, following consultation
+with the Committees on Appropriations.
(4) Funds made available for assistance for Tibet by this
-subsection shall be made available as described under this
-section in the explanatory statement described in section 4 (in
-the matter preceding division A of this consolidated Act).
-(5) Section 7031(c) of this Act shall be applied to
-officials of the Government of the People's Republic of China
-and other governments in the South Asia region about whom the
-Secretary of State has credible information have been involved
-in a gross violation of human rights against the people of
-Tibet in the Tibet Autonomous Region or other Tibetan
-communities in the People's Republic of China and the region.
+subsection shall be made available as described under this section
+in the explanatory statement described in section 4 (in the matter
+preceding division A of this consolidated Act).
+(5) Section 7031(c) of this Act shall be applied to officials
+of the Government of the People's Republic of China and other
+governments in the South Asia region about whom the Secretary of
+State has credible information have been involved in a gross
+violation of human rights against the people of Tibet in the Tibet
+Autonomous Region or other Tibetan communities in the People's
+Republic of China and the region.
(l) Vietnam.--Funds appropriated under titles III and IV of this
Act shall be made available for assistance for Vietnam, of which not
less than--
(1) $30,000,000 shall be made available for health and
disability programs to assist persons with severe physical
-mobility, cognitive, or developmental disabilities: Provided,
-That such funds shall be prioritized to assist persons whose
-disabilities may be related to the use of Agent Orange and
-exposure to dioxin, or are the result of unexploded ordnance
-accidents;
-(2) $20,000,000 shall be made available, notwithstanding
-any other provision of law, for activities related to the
-remediation of dioxin contaminated sites in Vietnam and may be
-made available for assistance for the Government of Vietnam,
-including the military, for such purposes;
-(3) $3,000,000 shall be made available for the
-Reconciliation/Vietnamese Wartime Accounting Initiative; and
+mobility, cognitive, or developmental disabilities: Provided, That
+such funds shall be prioritized to assist persons whose
+disabilities may be related to the use of Agent Orange and exposure
+to dioxin, or are the result of unexploded ordnance accidents;
+(2) $20,000,000 shall be made available, notwithstanding any
+other provision of law, for activities related to the remediation
+of dioxin contaminated sites in Vietnam and may be made available
+for assistance for the Government of Vietnam, including the
+military, for such purposes;
+(3) $3,000,000 shall be made available for the Reconciliation/
+Vietnamese Wartime Accounting Initiative; and
(4) $3,500,000 shall be made available for higher education
programs.
@@ -23051,242 +22569,218 @@
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Central America.--
-(1) Assistance.--Funds appropriated under titles III and IV
-of this Act shall be made available for assistance for
-countries in Central America, including Panama and Costa Rica,
-consistent with subsection (a), which shall include programs
-to--
-(A) combat corruption and impunity in such
-countries, including, as appropriate, with offices of
-Attorneys General;
+(1) Assistance.--Funds appropriated under titles III and IV of
+this Act shall be made available for assistance for countries in
+Central America, including Panama and Costa Rica, consistent with
+subsection (a), which shall include programs to--
+(A) combat corruption and impunity in such countries,
+including, as appropriate, with offices of Attorneys General;
(B) reduce violence against women and girls; and
(C) support locally-led development in El Salvador,
Guatemala, and Honduras.
-(2) Limitation on assistance to certain central
-governments.--
-(A) Of the funds made available pursuant to
-paragraph (1) under the heading ``National Security
-Investment Programs'' and under title IV of this Act,
-50 percent of such funds that are made available for
-assistance for each of the central governments of El
-Salvador, Guatemala, and Honduras may only be obligated
-after the Secretary of State certifies and reports to
-the Committees on Appropriations that such government
-is--
-(i) combating corruption and impunity,
-including investigating and prosecuting
-government officials, military personnel, and
-police officers credibly alleged to be corrupt,
-and improving strategies to combat money
+(2) Limitation on assistance to certain central governments.--
+(A) Of the funds made available pursuant to paragraph (1)
+under the heading ``National Security Investment Programs'' and
+under title IV of this Act, 50 percent of such funds that are
+made available for assistance for each of the central
+governments of El Salvador, Guatemala, and Honduras may only be
+obligated after the Secretary of State certifies and reports to
+the Committees on Appropriations that such government is--
+(i) combating corruption and impunity, including
+investigating and prosecuting government officials,
+military personnel, and police officers credibly alleged to
+be corrupt, and improving strategies to combat money
laundering and other global financial crimes;
-(ii) implementing reforms, policies, and
-programs to strengthen the rule of law,
-including increasing the transparency of public
-institutions, strengthening the independence of
-judicial and electoral institutions, and
-improving the transparency of political
-campaign and political party financing;
-(iii) protecting the rights of human rights
-defenders, trade unionists, journalists, civil
-society groups, opposition political parties,
-and the independence of the media;
-(iv) taking demonstrable actions to secure
-national borders and stem mass migration toward
-Mexico and the United States, including
-positive governance related to combating crime
-and violence, building economic opportunity,
-improving government services, and protecting
+(ii) implementing reforms, policies, and programs to
+strengthen the rule of law, including increasing the
+transparency of public institutions, strengthening the
+independence of judicial and electoral institutions, and
+improving the transparency of political campaign and
+political party financing;
+(iii) protecting the rights of human rights defenders,
+trade unionists, journalists, civil society groups,
+opposition political parties, and the independence of the
+media;
+(iv) taking demonstrable actions to secure national
+borders and stem mass migration toward Mexico and the
+United States, including positive governance related to
+combating crime and violence, building economic
+opportunity, improving government services, and protecting
human rights;
-(v) providing effective and accountable law
-enforcement and security for its citizens,
-curtailing the role of the military in public
-security, and upholding due process of law;
-(vi) implementing programs to reduce
-violence against women and girls;
-(vii) implementing policies to reduce
-poverty and promote economic growth and
-opportunity, including the implementation of
-reforms to strengthen educational systems,
-vocational training programs, and programs for
-at-risk youth;
-(viii) cooperating with the United States
-to counter drug trafficking, human trafficking
-and smuggling, and other transnational crime;
-(ix) cooperating with the United States and
-other governments in the region to facilitate
-the return, repatriation, and reintegration of
-migrants; and
-(x) implementing policies that improve the
-environment for businesses, including foreign
-businesses, to operate and invest, including
-executing tax reform in a transparent manner,
-ensuring effective legal mechanisms for
-reimbursements of tax refunds owed to United
-States businesses, and resolving disputes
-involving the confiscation of real property of
-United States entities.
-(B) Exceptions.--The limitation of subparagraph (A)
-shall not apply to funds appropriated by this Act that
-are made available for--
-(i) judicial entities to combat corruption
-and impunity;
-(ii) programs to promote and protect human
-rights and to investigate human rights abuses;
-(iii) support for women's economic
-empowerment;
-(iv) prevention of violence against women
-and girls;
+(v) providing effective and accountable law enforcement
+and security for its citizens, curtailing the role of the
+military in public security, and upholding due process of
+law;
+(vi) implementing programs to reduce violence against
+women and girls;
+(vii) implementing policies to reduce poverty and
+promote economic growth and opportunity, including the
+implementation of reforms to strengthen educational
+systems, vocational training programs, and programs for at-
+risk youth;
+(viii) cooperating with the United States to counter
+drug trafficking, human trafficking and smuggling, and
+other transnational crime;
+(ix) cooperating with the United States and other
+governments in the region to facilitate the return,
+repatriation, and reintegration of migrants; and
+(x) implementing policies that improve the environment
+for businesses, including foreign businesses, to operate
+and invest, including executing tax reform in a transparent
+manner, ensuring effective legal mechanisms for
+reimbursements of tax refunds owed to United States
+businesses, and resolving disputes involving the
+confiscation of real property of United States entities.
+(B) Exceptions.--The limitation of subparagraph (A) shall
+not apply to funds appropriated by this Act that are made
+available for--
+(i) judicial entities to combat corruption and
+impunity;
+(ii) programs to promote and protect human rights and
+to investigate human rights abuses;
+(iii) support for women's economic empowerment;
+(iv) prevention of violence against women and girls;
(v) humanitarian assistance; and
(vi) food security programs.
-(C) Foreign military financing program.--None of
-the funds appropriated by this Act under the heading
-``Foreign Military Financing Program'' may be made
-available for assistance for El Salvador, Guatemala, or
-Honduras, except for programs that support humanitarian
-assistance and disaster response.
+(C) Foreign military financing program.--None of the funds
+appropriated by this Act under the heading ``Foreign Military
+Financing Program'' may be made available for assistance for El
+Salvador, Guatemala, or Honduras, except for programs that
+support humanitarian assistance and disaster response.
(c) Colombia.--
-(1) Pre-obligation reports.--Prior to the initial
-obligation of funds appropriated by this Act and made available
-for assistance for Colombia, the Secretary of State shall
-submit the reports required under this section in the
-explanatory statement described in section 4 (in the matter
-preceding division A of this consolidated Act).
+(1) Pre-obligation reports.--Prior to the initial obligation of
+funds appropriated by this Act and made available for assistance
+for Colombia, the Secretary of State shall submit the reports
+required under this section in the explanatory statement described
+in section 4 (in the matter preceding division A of this
+consolidated Act).
(2) Withholding of funds.--
-(A) Counternarcotics.--Of the funds appropriated by
-this Act under the heading ``International Narcotics
-Control and Law Enforcement'' that are made available
-for assistance for Colombia, 25 percent may be
-obligated only if the Secretary of State certifies and
-reports to the Committees on Appropriations that in the
-previous 12 months the Government of Colombia has--
-(i) reduced overall coca cultivation,
-production, and drug trafficking;
-(ii) continued cooperating with the United
-States on joint counternarcotics operations;
-and
-(iii) maintained extradition cooperation
-with the United States.
-(B) Human rights.--Of the funds appropriated by
-this Act under the heading ``Foreign Military Financing
-Program'' and made available for assistance for
-Colombia, 20 percent may be obligated only if the
-Secretary of State certifies and reports to the
-Committees on Appropriations that the requirements
-under this section in the explanatory statement
-described in section 4 (in the matter preceding
-division A of this consolidated Act) have been met.
+(A) Counternarcotics.--Of the funds appropriated by this
+Act under the heading ``International Narcotics Control and Law
+Enforcement'' that are made available for assistance for
+Colombia, 25 percent may be obligated only if the Secretary of
+State certifies and reports to the Committees on Appropriations
+that in the previous 12 months the Government of Colombia has--
+(i) reduced overall coca cultivation, production, and
+drug trafficking;
+(ii) continued cooperating with the United States on
+joint counternarcotics operations; and
+(iii) maintained extradition cooperation with the
+United States.
+(B) Human rights.--Of the funds appropriated by this Act
+under the heading ``Foreign Military Financing Program'' and
+made available for assistance for Colombia, 20 percent may be
+obligated only if the Secretary of State certifies and reports
+to the Committees on Appropriations that the requirements under
+this section in the explanatory statement described in section
+4 (in the matter preceding division A of this consolidated Act)
+have been met.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
-this Act and prior Acts making appropriations for the
-Department of State, foreign operations, and related programs
-and made available for assistance for Colombia may be used to
-transport personnel and supplies involved in drug eradication
-and interdiction, including security for such activities, and
-to provide transport in support of alternative development
-programs and investigations by civilian judicial authorities.
-(5) Limitation.--None of the funds appropriated by this Act
-or prior Acts making appropriations for the Department of
-State, foreign operations, and related programs that are made
-available for assistance for Colombia may be made available for
-payment of reparations to conflict victims, compensation to
-demobilized combatants, or cash subsidies for agrarian reforms
-associated with the implementation of the 2016 agreement
-between the Government of Colombia and illegal armed groups.
+this Act and prior Acts making appropriations for the Department of
+State, foreign operations, and related programs and made available
+for assistance for Colombia may be used to transport personnel and
+supplies involved in drug eradication and interdiction, including
+security for such activities, and to provide transport in support
+of alternative development programs and investigations by civilian
+judicial authorities.
+(5) Limitation.--None of the funds appropriated by this Act or
+prior Acts making appropriations for the Department of State,
+foreign operations, and related programs that are made available
+for assistance for Colombia may be made available for payment of
+reparations to conflict victims, compensation to demobilized
+combatants, or cash subsidies for agrarian reforms associated with
+the implementation of the 2016 agreement between the Government of
+Colombia and illegal armed groups.
(d) Cuba.--
-(1) Democracy programs.--Of the funds appropriated by this
-Act under the heading ``National Security Investment
-Programs'', not less than $25,000,000 shall be made available
-to promote democracy and strengthen civil society in Cuba,
-including to support political prisoners: Provided, That no
-funds shall be obligated for business promotion, economic
-reform, entrepreneurship, or any other assistance that is not
-democracy building as expressly authorized in the Cuban Liberty
-and Democratic Solidarity (LIBERTAD) Act of 1996 and the Cuban
-Democracy Act of 1992.
-(2) Prohibitions.--None of the funds appropriated or
-otherwise made available by this Act or prior Acts making
-appropriations for the Department of State, foreign operations,
-and related programs may be used to eliminate or diminish the
-Cuba Restricted List as maintained by the Department of State,
-or to otherwise allow, facilitate or encourage financial
-transactions with entities on the Cuba Restricted List, as well
-as other entities or individuals within the Cuban military or
-Cuban intelligence services, high level members of the
-Communist Party, those licensed by the Cuban government, or the
-immediate family members of these entities or individuals.
+(1) Democracy programs.--Of the funds appropriated by this Act
+under the heading ``National Security Investment Programs'', not
+less than $25,000,000 shall be made available to promote democracy
+and strengthen civil society in Cuba, including to support
+political prisoners: Provided, That no funds shall be obligated
+for business promotion, economic reform, entrepreneurship, or any
+other assistance that is not democracy building as expressly
+authorized in the Cuban Liberty and Democratic Solidarity
+(LIBERTAD) Act of 1996 and the Cuban Democracy Act of 1992.
+(2) Prohibitions.--None of the funds appropriated or otherwise
+made available by this Act or prior Acts making appropriations for
+the Department of State, foreign operations, and related programs
+may be used to eliminate or diminish the Cuba Restricted List as
+maintained by the Department of State, or to otherwise allow,
+facilitate or encourage financial transactions with entities on the
+Cuba Restricted List, as well as other entities or individuals
+within the Cuban military or Cuban intelligence services, high
+level members of the Communist Party, those licensed by the Cuban
+government, or the immediate family members of these entities or
+individuals.
(3) Prohibition on support for cuban military and security
institutions.--None of the funds appropriated or otherwise made
-available by this Act or prior Acts making appropriations for
-the Department of State, foreign operations, and related
-programs may be made available to any individual or entity
-that--
-(A) engages in financial transactions with,
-transfers funds to, or otherwise provides material
-support to the Ministry of the Revolutionary Armed
-Forces of Cuba, the Ministry of the Interior of Cuba,
-or any subdivision, agency, or instrumentality thereof;
-(B) engages in activities that directly or
-indirectly support, facilitate, or benefit the
-operations, revenue generation, or international
-commercial activities of such Ministries;
-(C) is owned or controlled by, or acts on behalf
-of, any entity described in subparagraphs (A) or (B);
-or
-(D) knowingly provides support or services for the
-purpose of circumventing sanctions or restrictions on
-the Cuban military or security forces, or to benefit
-senior members thereof.
-(4) Exceptions.--The restrictions of paragraph (3) shall
-not apply to--
-(A) the sale of agricultural commodities, medicine,
-or medical devices to Cuba consistent with the Trade
-Sanctions Reform and Export Enhancement Act of 2000 (22
-U.S.C. 7201 et seq.);
-(B) payments in furtherance of the lease,
-maintenance, or improvements of the United States
-military base at Guantanamo Bay, Cuba;
-(C) assistance in support of democracy-building and
-civil society programs for Cuba consistent with section
-109 of the LIBERTAD Act;
-(D) payments necessary for the operations,
-maintenance, or outreach of the United States
-diplomatic mission or embassy in Havana, Cuba; and
+available by this Act or prior Acts making appropriations for the
+Department of State, foreign operations, and related programs may
+be made available to any individual or entity that--
+(A) engages in financial transactions with, transfers funds
+to, or otherwise provides material support to the Ministry of
+the Revolutionary Armed Forces of Cuba, the Ministry of the
+Interior of Cuba, or any subdivision, agency, or
+instrumentality thereof;
+(B) engages in activities that directly or indirectly
+support, facilitate, or benefit the operations, revenue
+generation, or international commercial activities of such
+Ministries;
+(C) is owned or controlled by, or acts on behalf of, any
+entity described in subparagraphs (A) or (B); or
+(D) knowingly provides support or services for the purpose
+of circumventing sanctions or restrictions on the Cuban
+military or security forces, or to benefit senior members
+thereof.
+(4) Exceptions.--The restrictions of paragraph (3) shall not
+apply to--
+(A) the sale of agricultural commodities, medicine, or
+medical devices to Cuba consistent with the Trade Sanctions
+Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et
+seq.);
+(B) payments in furtherance of the lease, maintenance, or
+improvements of the United States military base at Guantanamo
+Bay, Cuba;
+(C) assistance in support of democracy-building and civil
+society programs for Cuba consistent with section 109 of the
+LIBERTAD Act;
+(D) payments necessary for the operations, maintenance, or
+outreach of the United States diplomatic mission or embassy in
+Havana, Cuba; and
(E) sending, processing, or receiving authorized
remittances.
(e) Cuban Doctors.--
-(1) Report.--Not later than 90 days after the date of
-enactment of this Act, the Secretary of State shall submit a
-report to the appropriate congressional committees listing the
-countries and international organizations for which the
-Secretary has credible information are directly paying the
-Government of Cuba for coerced and trafficked labor of Cuban
-medical professionals: Provided, That such report shall be
-submitted in unclassified form but may include a classified
-annex: Provided further, That the Secretary of State shall
-inform each government or international organization of its
-inclusion in such report not later than 30 days after the date
-of the submission of such report to such committees.
+(1) Report.--Not later than 90 days after the date of enactment
+of this Act, the Secretary of State shall submit a report to the
+appropriate congressional committees listing the countries and
+international organizations for which the Secretary has credible
+information are directly paying the Government of Cuba for coerced
+and trafficked labor of Cuban medical professionals: Provided,
+That such report shall be submitted in unclassified form but may
+include a classified annex: Provided further, That the Secretary
+of State shall inform each government or international organization
+of its inclusion in such report not later than 30 days after the
+date of the submission of such report to such committees.
(2) Designation.--The Secretary of State shall apply the
requirements of section 7031(c) of this Act to officials from
countries and organizations identified in the report required
pursuant to the previous paragraph.
(3) Limitation.--
-(A) None of the funds appropriated by this Act
-under titles III and IV may be made available for
-assistance for the central government of a country or
-international organization that is listed for 2
-consecutive years in the report required by paragraph
-(1).
-(B) The Secretary may resume assistance to the
-government of a country or international organization
-listed in the report for 2 consecutive years required
-by paragraph (1) if the Secretary determines and
-reports to the appropriate congressional committees
-that such government or international organization no
-longer pays the Government of Cuba for coerced and
-trafficked labor of Cuban medical professionals.
+(A) None of the funds appropriated by this Act under titles
+III and IV may be made available for assistance for the central
+government of a country or international organization that is
+listed for 2 consecutive years in the report required by
+paragraph (1).
+(B) The Secretary may resume assistance to the government
+of a country or international organization listed in the report
+for 2 consecutive years required by paragraph (1) if the
+Secretary determines and reports to the appropriate
+congressional committees that such government or international
+organization no longer pays the Government of Cuba for coerced
+and trafficked labor of Cuban medical professionals.
(f) Facilitating Irresponsible Migration.--None of the funds
appropriated or otherwise made available by this Act may be used to
encourage, mobilize, publicize, or manage mass-migration caravans
@@ -23298,70 +22792,64 @@
contained in this subsection shall not be construed to preclude the
provision of humanitarian assistance.
(g) Haiti.--
-(1) Assistance.--Funds appropriated under titles III and IV
-of this Act shall be made available for assistance for Haiti
-for programs to--
-(A) improve security and counter gang violence,
-including through the Gang Suppression Force in Haiti,
-and support for the Haitian National Police and
-administration of justice;
-(B) coordinate programs and facilitate information
-sharing between and among Federal agencies and other
-international entities, particularly in the security
-and electoral sectors;
-(C) address humanitarian needs, including nutrition
-and programs addressing violence against women and
-children;
-(D) continue basic education, public health, and
-economic development programs; and
-(E) establish humanitarian corridors for the
-provision of assistance to the people of Haiti, as the
-initial step in implementing an integrated security and
-humanitarian response that respects Haitian self-
-determination and sovereignty.
-(2) Haitian armed forces.--Of the funds appropriated by
-this Act under the headings ``Peacekeeping Operations'' and
-``Foreign Military Financing Program'', up to $5,000,000 may be
-made available for non-lethal assistance and operational
-support for the Haitian Armed Forces, following consultation
-with the appropriate congressional committees.
+(1) Assistance.--Funds appropriated under titles III and IV of
+this Act shall be made available for assistance for Haiti for
+programs to--
+(A) improve security and counter gang violence, including
+through the Gang Suppression Force in Haiti, and support for
+the Haitian National Police and administration of justice;
+(B) coordinate programs and facilitate information sharing
+between and among Federal agencies and other international
+entities, particularly in the security and electoral sectors;
+(C) address humanitarian needs, including nutrition and
+programs addressing violence against women and children;
+(D) continue basic education, public health, and economic
+development programs; and
+(E) establish humanitarian corridors for the provision of
+assistance to the people of Haiti, as the initial step in
+implementing an integrated security and humanitarian response
+that respects Haitian self-determination and sovereignty.
+(2) Haitian armed forces.--Of the funds appropriated by this
+Act under the headings ``Peacekeeping Operations'' and ``Foreign
+Military Financing Program'', up to $5,000,000 may be made
+available for non-lethal assistance and operational support for the
+Haitian Armed Forces, following consultation with the appropriate
+congressional committees.
(3) Haitian coast guard.--The Government of Haiti shall be
-eligible to purchase defense articles and services under the
-Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
-Guard.
+eligible to purchase defense articles and services under the Arms
+Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(h) Mexico.--
(1) Water deliveries.--None of the funds appropriated or
otherwise made available by this Act may be made available for
assistance for the Government of Mexico until the Secretary of
State certifies and reports to the Committees on Appropriations
-that such Government is delivering water owed to the United
-States by Mexico, as prescribed by Article 4, Section B of the
-Treaty Between the United States of America and Mexico Relating
-to the Utilization of Waters of the Colorado and Tijuana Rivers
-and of the Rio Grande, February 3, 1944 (59 Stat. 1219):
-Provided, That such certification shall include an assessment
-of whether Mexico is delivering water in accordance with all
-terms established across bilateral agreements addressing
-delivery shortfalls: Provided further, That the limitation of
-this paragraph shall not apply to funds made available to
-counter the flow of fentanyl, fentanyl precursors, and other
-synthetic drugs into the United States.
-(2) Counternarcotics.--Of the funds appropriated by this
-Act under title IV that are made available for assistance for
-Mexico, 30 percent may only be obligated after the Secretary of
-State certifies and reports to the Committees on Appropriations
-that in the previous 12 months the Government of Mexico has
-taken steps to--
-(A) reduce the amount of fentanyl arriving at the
-United States-Mexico border;
-(B) dismantle and hold accountable transnational
-criminal organizations;
+that such Government is delivering water owed to the United States
+by Mexico, as prescribed by Article 4, Section B of the Treaty
+Between the United States of America and Mexico Relating to the
+Utilization of Waters of the Colorado and Tijuana Rivers and of the
+Rio Grande, February 3, 1944 (59 Stat. 1219): Provided, That such
+certification shall include an assessment of whether Mexico is
+delivering water in accordance with all terms established across
+bilateral agreements addressing delivery shortfalls: Provided
+further, That the limitation of this paragraph shall not apply to
+funds made available to counter the flow of fentanyl, fentanyl
+precursors, and other synthetic drugs into the United States.
+(2) Counternarcotics.--Of the funds appropriated by this Act
+under title IV that are made available for assistance for Mexico,
+30 percent may only be obligated after the Secretary of State
+certifies and reports to the Committees on Appropriations that in
+the previous 12 months the Government of Mexico has taken steps
+to--
+(A) reduce the amount of fentanyl arriving at the United
+States-Mexico border;
+(B) dismantle and hold accountable transnational criminal
+organizations;
(C) support joint counternarcotics operations and
intelligence sharing with United States counterparts;
-(D) respect extradition requests for criminals
-sought by the United States; and
-(E) increase counternarcotics engagement at both
-Federal and state levels.
+(D) respect extradition requests for criminals sought by
+the United States; and
+(E) increase counternarcotics engagement at both Federal
+and state levels.
(i) Nicaragua.--Of the funds appropriated by this Act under the
heading ``National Security Investment Programs'', not less than
$15,000,000 shall be made available for democracy and religious freedom
@@ -23370,31 +22858,30 @@
(1) The Secretary of State shall instruct the United States
Permanent Representative to the Organization of American States
(OAS) to use the voice and vote of the United States to:
-(A) implement budgetary reforms and efficiencies
-within the Organization;
-(B) eliminate arrears, increase other donor
-contributions, and impose penalties for successive late
-payment of assessments;
-(C) prevent programmatic and organizational
-redundancies and consolidate duplicative activities and
-functions;
-(D) prioritize areas in which the OAS has
-expertise, such as strengthening democracy, monitoring
-electoral processes, and protecting human rights; and
-(E) implement reforms within the Office of the
-Inspector General (OIG) to ensure the OIG has the
-necessary leadership, integrity, professionalism,
-independence, policies, and procedures to properly
-carry out its responsibilities in a manner that meets
-or exceeds best practices in the United States.
-(2) Prior to the obligation of funds appropriated by this
-Act and made available for an assessed contribution to the
-Organization of American States, but not later than 90 days
-after the date of enactment of this Act, the Secretary of State
-shall submit a report to the appropriate congressional
-committees on actions taken or planned to be taken pursuant to
-paragraph (1) that are in addition to actions taken during the
-preceding fiscal year, and the results of such actions.
+(A) implement budgetary reforms and efficiencies within the
+Organization;
+(B) eliminate arrears, increase other donor contributions,
+and impose penalties for successive late payment of
+assessments;
+(C) prevent programmatic and organizational redundancies
+and consolidate duplicative activities and functions;
+(D) prioritize areas in which the OAS has expertise, such
+as strengthening democracy, monitoring electoral processes, and
+protecting human rights; and
+(E) implement reforms within the Office of the Inspector
+General (OIG) to ensure the OIG has the necessary leadership,
+integrity, professionalism, independence, policies, and
+procedures to properly carry out its responsibilities in a
+manner that meets or exceeds best practices in the United
+States.
+(2) Prior to the obligation of funds appropriated by this Act
+and made available for an assessed contribution to the Organization
+of American States, but not later than 90 days after the date of
+enactment of this Act, the Secretary of State shall submit a report
+to the appropriate congressional committees on actions taken or
+planned to be taken pursuant to paragraph (1) that are in addition
+to actions taken during the preceding fiscal year, and the results
+of such actions.
(k) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $90,000,000 shall be made available
for the Caribbean Basin Security Initiative: Provided, That funds made
@@ -23410,21 +22897,21 @@
Sec. 7046. (a) Section 907 of the Freedom Support Act.--Section 907
of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
-(1) activities to support democracy or assistance under
-title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
-section 1424 of the Defense Against Weapons of Mass Destruction
-Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
-(2) any assistance provided by the Trade and Development
-Agency under section 661 of the Foreign Assistance Act of 1961;
-(3) any activity carried out by a member of the United
-States and Foreign Commercial Service while acting within his
-or her official capacity;
-(4) any insurance, reinsurance, guarantee, or other
-assistance provided by the United States International
-Development Finance Corporation as authorized by the BUILD Act
-of 2018 (division F of Public Law 115-254);
-(5) any financing provided under the Export-Import Bank Act
-of 1945 (Public Law 79-173); or
+(1) activities to support democracy or assistance under title V
+of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and section
+1424 of the Defense Against Weapons of Mass Destruction Act of 1996
+(50 U.S.C. 2333) or non-proliferation assistance;
+(2) any assistance provided by the Trade and Development Agency
+under section 661 of the Foreign Assistance Act of 1961;
+(3) any activity carried out by a member of the United States
+and Foreign Commercial Service while acting within his or her
+official capacity;
+(4) any insurance, reinsurance, guarantee, or other assistance
+provided by the United States International Development Finance
+Corporation as authorized by the BUILD Act of 2018 (division F of
+Public Law 115-254);
+(5) any financing provided under the Export-Import Bank Act of
+1945 (Public Law 79-173); or
(6) humanitarian assistance.
(b) Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
@@ -23468,75 +22955,70 @@
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Territory.--
-(1) Prohibition.--None of the funds appropriated by this
-Act may be made available for assistance for the central
-government of a country that the Secretary of State determines
-and reports to the Committees on Appropriations has taken
-affirmative steps intended to support or be supportive of the
-Russian Federation annexation of Crimea or other territory in
-Ukraine: Provided, That except as otherwise provided in
-subsection (a), the Secretary may waive the restriction on
-assistance required by this paragraph if the Secretary
-determines and reports to such Committees that to do so is in
-the national interest of the United States, and includes a
+(1) Prohibition.--None of the funds appropriated by this Act
+may be made available for assistance for the central government of
+a country that the Secretary of State determines and reports to the
+Committees on Appropriations has taken affirmative steps intended
+to support or be supportive of the Russian Federation annexation of
+Crimea or other territory in Ukraine: Provided, That except as
+otherwise provided in subsection (a), the Secretary may waive the
+restriction on assistance required by this paragraph if the
+Secretary determines and reports to such Committees that to do so
+is in the national interest of the United States, and includes a
justification for such interest.
-(2) Limitation.--None of the funds appropriated by this Act
-may be made available for--
+(2) Limitation.--None of the funds appropriated by this Act may
+be made available for--
(A) the implementation of any action or policy that
-recognizes the sovereignty of the Russian Federation
-over Crimea or other territory in Ukraine;
-(B) the facilitation, financing, or guarantee of
-United States Government investments in Crimea or other
-territory in Ukraine under the control of the Russian
-Federation or Russian-backed forces, if such activity
-includes the participation of Russian Government
-officials, or other Russian owned or controlled
-financial entities; or
-(C) assistance for Crimea or other territory in
-Ukraine under the control of the Russian Federation or
-Russian-backed forces, if such assistance includes the
-participation of Russian Government officials, or other
-Russian owned or controlled financial entities.
-(3) International financial institutions.--The Secretary of
-the Treasury shall instruct the United States executive
-director of each international financial institution to use the
-voice and vote of the United States to oppose any assistance by
-such institution (including any loan, credit, grant, or
-guarantee) for any program that violates the sovereignty or
-territorial integrity of Ukraine.
+recognizes the sovereignty of the Russian Federation over
+Crimea or other territory in Ukraine;
+(B) the facilitation, financing, or guarantee of United
+States Government investments in Crimea or other territory in
+Ukraine under the control of the Russian Federation or Russian-
+backed forces, if such activity includes the participation of
+Russian Government officials, or other Russian owned or
+controlled financial entities; or
+(C) assistance for Crimea or other territory in Ukraine
+under the control of the Russian Federation or Russian-backed
+forces, if such assistance includes the participation of
+Russian Government officials, or other Russian owned or
+controlled financial entities.
+(3) International financial institutions.--The Secretary of the
+Treasury shall instruct the United States executive director of
+each international financial institution to use the voice and vote
+of the United States to oppose any assistance by such institution
+(including any loan, credit, grant, or guarantee) for any program
+that violates the sovereignty or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
-subsection shall cease to be in effect if the Secretary of
-State determines and reports to the Committees on
-Appropriations that the Government of Ukraine has reestablished
-sovereignty over Crimea and other territory in Ukraine under
-the control of the Russian Federation or Russian-backed forces.
+subsection shall cease to be in effect if the Secretary of State
+determines and reports to the Committees on Appropriations that the
+Government of Ukraine has reestablished sovereignty over Crimea and
+other territory in Ukraine under the control of the Russian
+Federation or Russian-backed forces.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
-(1) Prohibition.--None of the funds appropriated by this
-Act may be made available for assistance for the central
-government of a country that the Secretary of State determines
-and reports to the Committees on Appropriations has recognized
-the independence of, or has established diplomatic relations
-with, the Russian Federation occupied Georgian territories of
-Abkhazia and Tskhinvali Region/South Ossetia: Provided, That
-the Secretary shall publish on the Department of State website
-a list of any such central governments in a timely manner:
-Provided further, That the Secretary may waive the restriction
-on assistance required by this paragraph if the Secretary
-determines and reports to the Committees on Appropriations that
-to do so is in the national interest of the United States, and
-includes a justification for such interest.
-(2) Limitation.--None of the funds appropriated by this Act
-may be made available to support the Russian Federation
-occupation of the Georgian territories of Abkhazia and
-Tskhinvali Region/South Ossetia.
-(3) International financial institutions.--The Secretary of
-the Treasury shall instruct the United States executive
-director of each international financial institution to use the
-voice and vote of the United States to oppose any assistance by
-such institution (including any loan, credit, grant, or
-guarantee) for any program that violates the sovereignty and
-territorial integrity of Georgia.
+(1) Prohibition.--None of the funds appropriated by this Act
+may be made available for assistance for the central government of
+a country that the Secretary of State determines and reports to the
+Committees on Appropriations has recognized the independence of, or
+has established diplomatic relations with, the Russian Federation
+occupied Georgian territories of Abkhazia and Tskhinvali Region/
+South Ossetia: Provided, That the Secretary shall publish on the
+Department of State website a list of any such central governments
+in a timely manner: Provided further, That the Secretary may waive
+the restriction on assistance required by this paragraph if the
+Secretary determines and reports to the Committees on
+Appropriations that to do so is in the national interest of the
+United States, and includes a justification for such interest.
+(2) Limitation.--None of the funds appropriated by this Act may
+be made available to support the Russian Federation occupation of
+the Georgian territories of Abkhazia and Tskhinvali Region/South
+Ossetia.
+(3) International financial institutions.--The Secretary of the
+Treasury shall instruct the United States executive director of
+each international financial institution to use the voice and vote
+of the United States to oppose any assistance by such institution
+(including any loan, credit, grant, or guarantee) for any program
+that violates the sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--Of the funds appropriated
by this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
@@ -23562,14 +23044,14 @@
government, the Secretary of State should review, among other
factors, the voting practices of such government in the United
Nations in relation to United States strategic interests and
-whether such government supports the participation of Taiwan as
-an observer in meetings and activities of multilateral
-agencies, bodies, or commissions.
-(2) The Secretary of State shall consult with the United
-States Permanent Representative to the United Nations on the
-voting practices of foreign governments prior to the submission
-of the report required under section 653(a) of the Foreign
-Assistance Act of 1961 (22 U.S.C. 2413(a)).
+whether such government supports the participation of Taiwan as an
+observer in meetings and activities of multilateral agencies,
+bodies, or commissions.
+(2) The Secretary of State shall consult with the United States
+Permanent Representative to the United Nations on the voting
+practices of foreign governments prior to the submission of the
+report required under section 653(a) of the Foreign Assistance Act
+of 1961 (22 U.S.C. 2413(a)).
(b) Transparency and Accountability.--Of the funds appropriated
under title I and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for contributions
@@ -23579,92 +23061,86 @@
Secretary of State determines and reports to the appropriate
congressional committees that the organization, department, or agency
is--
-(1) posting on a publicly available website, consistent
-with privacy regulations and due process, regular financial and
-programmatic audits of such organization, department, or
-agency, and providing the United States Government with
-necessary access to such financial and performance audits;
+(1) posting on a publicly available website, consistent with
+privacy regulations and due process, regular financial and
+programmatic audits of such organization, department, or agency,
+and providing the United States Government with necessary access to
+such financial and performance audits;
(2) effectively implementing and enforcing policies and
-procedures which meet or exceed best practices in the United
-States for the protection of whistleblowers from retaliation,
-including--
-(A) protection against retaliation for internal and
-lawful public disclosures;
+procedures which meet or exceed best practices in the United States
+for the protection of whistleblowers from retaliation, including--
+(A) protection against retaliation for internal and lawful
+public disclosures;
(B) legal burdens of proof;
-(C) statutes of limitation for reporting
-retaliation;
-(D) access to binding independent adjudicative
-bodies, including shared cost and selection of external
-arbitration; and
+(C) statutes of limitation for reporting retaliation;
+(D) access to binding independent adjudicative bodies,
+including shared cost and selection of external arbitration;
+and
(E) results that eliminate the effects of proven
-retaliation, including provision for the restoration of
-prior employment;
+retaliation, including provision for the restoration of prior
+employment;
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel;
(4) taking credible steps to combat anti-Israel bias;
-(5) developing and implementing mechanisms to inform donors
-of instances in which funds have been diverted or destroyed and
-an explanation of the response by the respective international
+(5) developing and implementing mechanisms to inform donors of
+instances in which funds have been diverted or destroyed and an
+explanation of the response by the respective international
organization; and
(6) implementing policies and procedures to effectively vet
staff for any affiliation with a terrorist organization.
(c) Restrictions on United Nations Delegations and Organizations.--
-(1) None of the funds made available by this Act may be
-used to pay expenses for any United States delegation to any
-specialized agency, body, or commission of the United Nations
-if such agency, body, or commission is chaired or presided over
-by a country, the government of which the Secretary of State
-has determined, for purposes of section 1754(c) of the Export
-Control Reform Act of 2018 (50 U.S.C. 4813(c)), supports
-international terrorism.
-(2) None of the funds made available by this Act may be
-used by the Secretary of State as a contribution to any
-organization, agency, commission, or program within the United
-Nations system if such organization, agency, commission, or
-program is chaired or presided over by a country the government
-of which the Secretary of State has determined, for purposes of
-section 620A of the Foreign Assistance Act of 1961, section 40
-of the Arms Export Control Act, section 1754(c) of the Export
-Control Reform Act of 2018 (50 U.S.C. 4813(c)), or any other
-provision of law, is a government that has repeatedly provided
-support for acts of international terrorism.
-(3) The Secretary of State may waive the restriction in
-this subsection if the Secretary determines and reports to the
+(1) None of the funds made available by this Act may be used to
+pay expenses for any United States delegation to any specialized
+agency, body, or commission of the United Nations if such agency,
+body, or commission is chaired or presided over by a country, the
+government of which the Secretary of State has determined, for
+purposes of section 1754(c) of the Export Control Reform Act of
+2018 (50 U.S.C. 4813(c)), supports international terrorism.
+(2) None of the funds made available by this Act may be used by
+the Secretary of State as a contribution to any organization,
+agency, commission, or program within the United Nations system if
+such organization, agency, commission, or program is chaired or
+presided over by a country the government of which the Secretary of
+State has determined, for purposes of section 620A of the Foreign
+Assistance Act of 1961, section 40 of the Arms Export Control Act,
+section 1754(c) of the Export Control Reform Act of 2018 (50 U.S.C.
+4813(c)), or any other provision of law, is a government that has
+repeatedly provided support for acts of international terrorism.
+(3) The Secretary of State may waive the restriction in this
+subsection if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to the
-national interest of the United States, including a description
-of the national interest served.
+national interest of the United States, including a description of
+the national interest served.
(d) United Nations Human Rights Council.--
(1) None of the funds appropriated by this Act may be made
available in support of the United Nations Human Rights Council
unless the Secretary of State determines and reports to the
appropriate congressional committees that participation in the
-Council is important to the national interest of the United
-States and that such Council is taking significant steps to
-remove Israel as a permanent agenda item and ensure integrity
-in the election of members to such Council: Provided, That
-such report shall include a description of the national
-interest served and provide a detailed reform agenda, including
-a timeline to remove Israel as a permanent agenda item and
-ensure integrity in the election of members to such Council:
-Provided further, That the Secretary of State shall withhold,
-from funds appropriated by this Act under the heading
-``Contributions to International Organizations'' for a
+Council is important to the national interest of the United States
+and that such Council is taking significant steps to remove Israel
+as a permanent agenda item and ensure integrity in the election of
+members to such Council: Provided, That such report shall include
+a description of the national interest served and provide a
+detailed reform agenda, including a timeline to remove Israel as a
+permanent agenda item and ensure integrity in the election of
+members to such Council: Provided further, That the Secretary of
+State shall withhold, from funds appropriated by this Act under the
+heading ``Contributions to International Organizations'' for a
contribution to the United Nations Regular Budget, the United
-States proportionate share of the total annual amount of the
-United Nations Regular Budget funding for the United Nations
-Human Rights Council until such determination and report is
-made: Provided further, That if the Secretary is unable to
-make such determination and report, such amounts may be
-reprogrammed for purposes other than the United Nations Regular
-Budget, subject to the regular notification procedures of the
-Committees on Appropriations: Provided further, That the
-Secretary shall report to the Committees on Appropriations not
-later than September 30, 2026, on the resolutions considered in
-the United Nations Human Rights Council during the previous 12
-months, and on steps taken to remove Israel as a permanent
-agenda item and to improve the quality of membership through
-competitive elections.
+States proportionate share of the total annual amount of the United
+Nations Regular Budget funding for the United Nations Human Rights
+Council until such determination and report is made: Provided
+further, That if the Secretary is unable to make such determination
+and report, such amounts may be reprogrammed for purposes other
+than the United Nations Regular Budget, subject to the regular
+notification procedures of the Committees on Appropriations:
+Provided further, That the Secretary shall report to the Committees
+on Appropriations not later than September 30, 2026, on the
+resolutions considered in the United Nations Human Rights Council
+during the previous 12 months, and on steps taken to remove Israel
+as a permanent agenda item and to improve the quality of membership
+through competitive elections.
(2) None of the funds appropriated by this Act may be made
available for the United Nations International Commission of
Inquiry on the Occupied Palestinian Territory, including East
@@ -23679,25 +23155,24 @@
international conferences held under the auspices of multilateral or
international organizations.
(f) Report and Briefing.--
-(1) Not later than 45 days after the date of enactment of
-this Act, the Secretary of State shall submit a report to the
-Committees on Appropriations detailing the amount of funds
-available for obligation or expenditure in fiscal year 2026 for
-contributions to any organization, department, agency, or
-program within the United Nations system or any international
-program that are withheld from obligation or expenditure due to
-any provision of law: Provided, That the Secretary shall
-update such report each time additional funds are withheld by
-operation of any provision of law: Provided further, That the
-reprogramming of any withheld funds identified in such report,
-including updates thereof, shall be subject to prior
-consultation with, and the regular notification procedures of,
-the Committees on Appropriations.
-(2) Not later than 30 days after the date of enactment of
-this Act, the Secretary of State shall brief the appropriate
-congressional committees on the processes and recommendations
-for United States participation in each international
-organization included in the 2025 review of such matters.
+(1) Not later than 45 days after the date of enactment of this
+Act, the Secretary of State shall submit a report to the Committees
+on Appropriations detailing the amount of funds available for
+obligation or expenditure in fiscal year 2026 for contributions to
+any organization, department, agency, or program within the United
+Nations system or any international program that are withheld from
+obligation or expenditure due to any provision of law: Provided,
+That the Secretary shall update such report each time additional
+funds are withheld by operation of any provision of law: Provided
+further, That the reprogramming of any withheld funds identified in
+such report, including updates thereof, shall be subject to prior
+consultation with, and the regular notification procedures of, the
+Committees on Appropriations.
+(2) Not later than 30 days after the date of enactment of this
+Act, the Secretary of State shall brief the appropriate
+congressional committees on the processes and recommendations for
+United States participation in each international organization
+included in the 2025 review of such matters.
(g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State shall, to the maximum extent practicable, withhold
assistance to any unit of the security forces of a foreign country if
@@ -23726,38 +23201,35 @@
appropriated by this Act.
(i) Accountability Requirement.--
(1) The Secretary of State shall seek to enter into written
-agreements with each international organization that receives
-funds appropriated by this Act and prior Acts making
-appropriations for the Department of State, foreign operations,
-and related programs to provide timely access to the Inspector
-General of the Department of State and the Comptroller General
-of the United States to such organization's financial data and
-other information relevant to United States contributions to
-such organization, as determined by the Inspector General and
-the Comptroller General.
-(2) Not later than 180 days after the date of enactment of
-this Act, the Secretary of State shall submit a report to the
+agreements with each international organization that receives funds
+appropriated by this Act and prior Acts making appropriations for
+the Department of State, foreign operations, and related programs
+to provide timely access to the Inspector General of the Department
+of State and the Comptroller General of the United States to such
+organization's financial data and other information relevant to
+United States contributions to such organization, as determined by
+the Inspector General and the Comptroller General.
+(2) Not later than 180 days after the date of enactment of this
+Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing whether each
-international organization funded by this Act has entered into
-such agreements: Provided, That such report shall include, for
-each applicable organization, the status of any negotiations
-undertaken by the Department of State to secure such
-agreements, including any obstacles encountered and a
-description of the Department's plans to address them.
+international organization funded by this Act has entered into such
+agreements: Provided, That such report shall include, for each
+applicable organization, the status of any negotiations undertaken
+by the Department of State to secure such agreements, including any
+obstacles encountered and a description of the Department's plans
+to address them.
(j) Strengthening American Presence at International
Organizations.--
-(1) Of the funds made available by this Act under the
-heading ``International Organizations and Programs'', not less
-than $5,000,000 shall be made available for the placement of
-United States citizens in the Junior Professional Officer
-Programme.
-(2) Of the funds made available by this Act under the
-heading ``Diplomatic Programs'', not less than $750,000 shall
-be made available to enhance the competitiveness of United
-States citizens for leadership positions in the United Nations
-system, including pursuant to section 9701 of the Department of
-State Authorization Act of 2022 (title XCVII of division I of
-Public Law 117-263).
+(1) Of the funds made available by this Act under the heading
+``International Organizations and Programs'', not less than
+$5,000,000 shall be made available for the placement of United
+States citizens in the Junior Professional Officer Programme.
+(2) Of the funds made available by this Act under the heading
+``Diplomatic Programs'', not less than $750,000 shall be made
+available to enhance the competitiveness of United States citizens
+for leadership positions in the United Nations system, including
+pursuant to section 9701 of the Department of State Authorization
+Act of 2022 (title XCVII of division I of Public Law 117-263).
(k) Transfer Authority.--Of the funds appropriated by this Act
under the heading ``National Security Investment Programs'', up to
$466,514,000 may be transferred to, and merged with, funds available
@@ -23827,27 +23299,25 @@
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
-(1) Authority.--The uses of aircraft purchased or leased by
-the Department of State with funds made available in this Act
-or prior Acts making appropriations for the Department of
-State, foreign operations, and related programs shall be
-coordinated under the authority of the appropriate Chief of
-Mission: Provided, That such aircraft may be used to
-transport, on a reimbursable or non-reimbursable basis, Federal
-and non-Federal personnel supporting Department of State
-programs and activities: Provided further, That official
-travel for other agencies for other purposes may be supported
-on a reimbursable basis, or without reimbursement when
-traveling on a space available basis: Provided further, That
-funds received by the Department of State in connection with
-the use of aircraft owned, leased, or chartered by the
-Department of State may be credited to the Working Capital Fund
-of the Department and shall be available for expenses related
-to the purchase, lease, maintenance, chartering, or operation
-of such aircraft.
-(2) Scope.--The requirement and authorities of this
-subsection shall only apply to aircraft, the primary purpose of
-which is the transportation of personnel.
+(1) Authority.--The uses of aircraft purchased or leased by the
+Department of State with funds made available in this Act or prior
+Acts making appropriations for the Department of State, foreign
+operations, and related programs shall be coordinated under the
+authority of the appropriate Chief of Mission: Provided, That such
+aircraft may be used to transport, on a reimbursable or non-
+reimbursable basis, Federal and non-Federal personnel supporting
+Department of State programs and activities: Provided further,
+That official travel for other agencies for other purposes may be
+supported on a reimbursable basis, or without reimbursement when
+traveling on a space available basis: Provided further, That funds
+received by the Department of State in connection with the use of
+aircraft owned, leased, or chartered by the Department of State may
+be credited to the Working Capital Fund of the Department and shall
+be available for expenses related to the purchase, lease,
+maintenance, chartering, or operation of such aircraft.
+(2) Scope.--The requirement and authorities of this subsection
+shall only apply to aircraft, the primary purpose of which is the
+transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
@@ -23939,19 +23409,18 @@
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
-(1) Not later than 4 months after the date of enactment of
-this Act, the Secretary of State shall submit a report to the
-Committees on Appropriations indicating the amount of funds
-that UNFPA is budgeting for the year in which the report is
-submitted for a country program in the People's Republic of
-China.
-(2) If a report under paragraph (1) indicates that UNFPA
-plans to spend funds for a country program in the People's
-Republic of China in the year covered by the report, then the
-amount of such funds UNFPA plans to spend in the People's
-Republic of China shall be deducted from the funds made
-available to UNFPA after March 1 for obligation for the
-remainder of the fiscal year in which the report is submitted.
+(1) Not later than 4 months after the date of enactment of this
+Act, the Secretary of State shall submit a report to the Committees
+on Appropriations indicating the amount of funds that UNFPA is
+budgeting for the year in which the report is submitted for a
+country program in the People's Republic of China.
+(2) If a report under paragraph (1) indicates that UNFPA plans
+to spend funds for a country program in the People's Republic of
+China in the year covered by the report, then the amount of such
+funds UNFPA plans to spend in the People's Republic of China shall
+be deducted from the funds made available to UNFPA after March 1
+for obligation for the remainder of the fiscal year in which the
+report is submitted.
global health activities
@@ -23971,44 +23440,42 @@
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs to accelerate the
-capacity of countries to prevent, detect, and respond to
-infectious disease outbreaks, including by strengthening public
-health capacity where there is a high risk of emerging zoonotic
-infectious diseases: Provided, That not later than 60 days
-after the date of enactment of this Act, the Secretary of State
-shall consult with the Committees on Appropriations on the
-planned uses of such funds.
+capacity of countries to prevent, detect, and respond to infectious
+disease outbreaks, including by strengthening public health
+capacity where there is a high risk of emerging zoonotic infectious
+diseases: Provided, That not later than 60 days after the date of
+enactment of this Act, the Secretary of State shall consult with
+the Committees on Appropriations on the planned uses of such funds.
(2) Extraordinary measures.--If the Secretary of State
-determines and reports to the Committees on Appropriations that
-an international infectious disease outbreak is sustained,
-severe, and is spreading internationally, or that it is in the
-national interest to respond to a Public Health Emergency of
-International Concern, not to exceed an aggregate total of
-$200,000,000 of the funds appropriated by this Act under the
-headings ``Global Health Programs'', ``National Security
-Investment Programs'', ``International Humanitarian
-Assistance'', ``Democracy Fund'', and ``Millennium Challenge
-Corporation'', may be made available to combat such infectious
-disease or public health emergency, and may be transferred to,
-and merged with, funds appropriated under such headings for the
-purposes of this paragraph.
+determines and reports to the Committees on Appropriations that an
+international infectious disease outbreak is sustained, severe, and
+is spreading internationally, or that it is in the national
+interest to respond to a Public Health Emergency of International
+Concern, not to exceed an aggregate total of $200,000,000 of the
+funds appropriated by this Act under the headings ``Global Health
+Programs'', ``National Security Investment Programs'',
+``International Humanitarian Assistance'', ``Democracy Fund'', and
+``Millennium Challenge Corporation'', may be made available to
+combat such infectious disease or public health emergency, and may
+be transferred to, and merged with, funds appropriated under such
+headings for the purposes of this paragraph.
(3) Emergency reserve fund.--Up to $20,000,000 of the funds
-made available under the heading ``Global Health Programs'' may
-be made available for the Emergency Reserve Fund established
-pursuant to section 7058(c)(1) of the Department of State,
-Foreign Operations, and Related Programs Appropriations Act,
-2017 (division J of Public Law 115-31): Provided, That such
-funds shall be made available under the same terms and
-conditions of such section, except that such section shall be
-applied by substituting ``International Humanitarian
-Assistance'' for ``International Disaster Assistance'' and
-substituting ``Secretary of State'' for ``Administrator of the
-United States Agency for International Development''.
+made available under the heading ``Global Health Programs'' may be
+made available for the Emergency Reserve Fund established pursuant
+to section 7058(c)(1) of the Department of State, Foreign
+Operations, and Related Programs Appropriations Act, 2017 (division
+J of Public Law 115-31): Provided, That such funds shall be made
+available under the same terms and conditions of such section,
+except that such section shall be applied by substituting
+``International Humanitarian Assistance'' for ``International
+Disaster Assistance'' and substituting ``Secretary of State'' for
+``Administrator of the United States Agency for International
+Development''.
(4) Consultation and notification.--Funds made available by
-this subsection, except paragraph (3), shall be subject to
-prior consultation with the appropriate congressional
-committees and the regular notification procedures of the
-Committees on Appropriations.
+this subsection, except paragraph (3), shall be subject to prior
+consultation with the appropriate congressional committees and the
+regular notification procedures of the Committees on
+Appropriations.
(c) Limitation.--Notwithstanding any other provision of law, none
of the funds made available by this Act may be made available to the
Wuhan Institute of Virology located in the City of Wuhan in the
@@ -24063,22 +23530,21 @@
of State, Foreign Operations, and Related Programs Appropriations Act,
2023 (division K of Public Law 117-328).
(d) Gender-Based Violence.--
-(1) Of the funds appropriated under titles III and IV of
-this Act, not less than $187,500,000 shall be made available to
-implement a multi-year strategy to prevent and respond to
-gender-based violence in countries where it is common in
-conflict and non-conflict settings.
-(2) Funds appropriated under titles III and IV of this Act
-that are available to train foreign police, judicial, and
-military personnel, including for international peacekeeping
-operations, shall address, where appropriate, prevention and
-response to gender-based violence and trafficking in persons,
-and shall promote the integration of women into the police and
-other security forces.
+(1) Of the funds appropriated under titles III and IV of this
+Act, not less than $187,500,000 shall be made available to
+implement a multi-year strategy to prevent and respond to gender-
+based violence in countries where it is common in conflict and non-
+conflict settings.
+(2) Funds appropriated under titles III and IV of this Act that
+are available to train foreign police, judicial, and military
+personnel, including for international peacekeeping operations,
+shall address, where appropriate, prevention and response to
+gender-based violence and trafficking in persons, and shall promote
+the integration of women into the police and other security forces.
(3) Funds made available pursuant to this subsection should
-include efforts to combat a variety of forms of violence
-against women and girls, including child marriage, rape, and
-female genital cutting and mutilation.
+include efforts to combat a variety of forms of violence against
+women and girls, including child marriage, rape, and female genital
+cutting and mutilation.
(e) Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``National Security Investment Programs'' and
``International Narcotics Control and Law Enforcement'', $112,500,000
@@ -24093,75 +23559,71 @@
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
-(A) Of the funds appropriated under title III of
-this Act, not less than $691,500,000 shall be made
-available for the Nita M. Lowey Basic Education Fund,
-and such funds may be made available notwithstanding
-any other provision of law that restricts assistance to
-foreign countries: Provided, That such funds shall
-also be used for secondary education activities.
-(B) Of the funds appropriated under title III of
-this Act for assistance for basic education programs,
-$152,000,000 shall be made available for contributions
-to multilateral partnerships that support education.
-(2) Higher education.--Of the funds appropriated by title
-III of this Act, not less than $203,250,000 shall be made
-available for assistance for higher education: Provided, That
-such funds may be made available notwithstanding any other
-provision of law that restricts assistance to foreign
-countries, and shall be subject to the regular notification
-procedures of the Committees on Appropriations: Provided
-further, That of such amount, not less than $50,000,000 shall
-be made available for higher education programs pursuant to
-section 7060(a)(3) of the Department of State, Foreign
-Operations, and Related Programs Appropriations Act, 2021
+(A) Of the funds appropriated under title III of this Act,
+not less than $691,500,000 shall be made available for the Nita
+M. Lowey Basic Education Fund, and such funds may be made
+available notwithstanding any other provision of law that
+restricts assistance to foreign countries: Provided, That such
+funds shall also be used for secondary education activities.
+(B) Of the funds appropriated under title III of this Act
+for assistance for basic education programs, $152,000,000 shall
+be made available for contributions to multilateral
+partnerships that support education.
+(2) Higher education.--Of the funds appropriated by title III
+of this Act, not less than $203,250,000 shall be made available for
+assistance for higher education: Provided, That such funds may be
+made available notwithstanding any other provision of law that
+restricts assistance to foreign countries, and shall be subject to
+the regular notification procedures of the Committees on
+Appropriations: Provided further, That of such amount, not less
+than $50,000,000 shall be made available for higher education
+programs pursuant to section 7060(a)(3) of the Department of State,
+Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116-260).
(b) Conservation Programs.--
-(1) Funds appropriated by this Act to carry out the
-provisions of sections 103 through 106, and chapter 4 of part
-II, of the Foreign Assistance Act of 1961 may be used,
-notwithstanding any other provision of law, except for the
-provisions of this subsection, to support programs funded
-pursuant to this subsection: Provided, That funds made
-available pursuant to this subsection shall be subject to the
-regular notification procedures of the Committees on
-Appropriations.
-(2)(A) Of the funds appropriated under title III of this
-Act, not less than $274,313,000 shall be made available for
-biodiversity conservation programs, including for marine
-conservation programs following consultation with the
-Committees on Appropriations: Provided, That no such funds may
-be made available to support the expansion of industrial scale
-logging, agriculture, livestock production, mining, or any
-other industrial scale extractive activity into areas that were
-primary/intact tropical forests as of December 30, 2013, and
-the Secretary of the Treasury shall instruct the United States
-executive directors of each international financial institution
-to use the voice and vote of the United States to oppose any
-financing of any such activity.
+(1) Funds appropriated by this Act to carry out the provisions
+of sections 103 through 106, and chapter 4 of part II, of the
+Foreign Assistance Act of 1961 may be used, notwithstanding any
+other provision of law, except for the provisions of this
+subsection, to support programs funded pursuant to this subsection:
+Provided, That funds made available pursuant to this subsection
+shall be subject to the regular notification procedures of the
+Committees on Appropriations.
+(2)(A) Of the funds appropriated under title III of this Act,
+not less than $274,313,000 shall be made available for biodiversity
+conservation programs, including for marine conservation programs
+following consultation with the Committees on Appropriations:
+Provided, That no such funds may be made available to support the
+expansion of industrial scale logging, agriculture, livestock
+production, mining, or any other industrial scale extractive
+activity into areas that were primary/intact tropical forests as of
+December 30, 2013, and the Secretary of the Treasury shall instruct
+the United States executive directors of each international
+financial institution to use the voice and vote of the United
+States to oppose any financing of any such activity.
(B)(i) Of the funds appropriated under titles III and IV of
this Act, not less than $89,063,000 shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
-(ii) None of the funds appropriated under title IV of this
-Act may be made available for training or other assistance for
-any military unit or personnel that the Secretary of State
-determines has been credibly alleged to have participated in
-wildlife poaching or trafficking, unless the Secretary reports
-to the appropriate congressional committees that to do so is in
-the national security interest of the United States.
-(C) Of the funds appropriated under titles III and IV of
-this Act, not less than $12,500,000 shall be made available for
-the prevention of illegal logging practices consistent with the
-Lacey Act (16 U.S.C. 3371 et seq./section 8204 of Public Law
-110-246), and not less than $12,500,000 shall be made available
-to reduce deforestation: Provided, That such funds shall be
-allocated consistent with the requirements included under this
-heading in the explanatory statement described in section 4 (in
-the matter preceding division A of this consolidated Act).
-(3) Of the funds appropriated under titles III and IV of
-this Act, not less than $131,813,000 shall be made available
-for land use, management, and protection programs.
+(ii) None of the funds appropriated under title IV of this Act
+may be made available for training or other assistance for any
+military unit or personnel that the Secretary of State determines
+has been credibly alleged to have participated in wildlife poaching
+or trafficking, unless the Secretary reports to the appropriate
+congressional committees that to do so is in the national security
+interest of the United States.
+(C) Of the funds appropriated under titles III and IV of this
+Act, not less than $12,500,000 shall be made available for the
+prevention of illegal logging practices consistent with the Lacey
+Act (16 U.S.C. 3371 et seq./section 8204 of Public Law 110-246),
+and not less than $12,500,000 shall be made available to reduce
+deforestation: Provided, That such funds shall be allocated
+consistent with the requirements included under this heading in the
+explanatory statement described in section 4 (in the matter
+preceding division A of this consolidated Act).
+(3) Of the funds appropriated under titles III and IV of this
+Act, not less than $131,813,000 shall be made available for land
+use, management, and protection programs.
(c) Development Programs.--Of the funds appropriated by this Act
under the heading ``National Security Investment Programs'', not less
than $13,875,000 shall be made available for cooperative development
@@ -24176,23 +23638,22 @@
to this subsection, 5 percent may be used for management, oversight,
and technical support.
(e) Food Security and Agricultural Development.--
-(1) Uses of funds.--Of the funds appropriated by title III
-of this Act, not less than $720,000,000 shall be made available
-for food security and agricultural development programs to
-carry out the purposes of the Global Food Security Act of 2016
-(Public Law 114-195), including not less than $175,000,000 for
-international agricultural research, of which not less than
-$72,000,000 shall be made available for the Feed the Future
-Innovation Labs, including for the purposes enumerated under
-this section in the explanatory statement described in section
-4 (in the matter preceding division A of this consolidated
-Act): Provided, That funds may be made available for a
-contribution as authorized by section 3202 of the Food,
-Conservation, and Energy Act of 2008 (Public Law 110-246), as
-amended by section 3310 of the Agriculture Improvement Act of
-2018 (Public Law 115-334).
-(2) Feed the future private sector engagement.--Of the
-funds made available pursuant to this subsection, not less than
+(1) Uses of funds.--Of the funds appropriated by title III of
+this Act, not less than $720,000,000 shall be made available for
+food security and agricultural development programs to carry out
+the purposes of the Global Food Security Act of 2016 (Public Law
+114-195), including not less than $175,000,000 for international
+agricultural research, of which not less than $72,000,000 shall be
+made available for the Feed the Future Innovation Labs, including
+for the purposes enumerated under this section in the explanatory
+statement described in section 4 (in the matter preceding division
+A of this consolidated Act): Provided, That funds may be made
+available for a contribution as authorized by section 3202 of the
+Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as
+amended by section 3310 of the Agriculture Improvement Act of 2018
+(Public Law 115-334).
+(2) Feed the future private sector engagement.--Of the funds
+made available pursuant to this subsection, not less than
$20,000,000 shall be made available to support private sector
investment in food security, including as catalytic capital.
(f) Public-private Partnership.--Of the funds appropriated by title
@@ -24202,38 +23663,35 @@
foundation for food security, if legislation establishing such a
foundation is enacted into law by December 31, 2026.
(g) Programs to Combat Trafficking in Persons.--
-(1) In general.--Of the funds appropriated by this Act
-under the headings ``National Security Investment Programs''
-and ``International Narcotics Control and Law Enforcement'',
-not less than $105,625,000 shall be made available for
-activities to combat trafficking in persons internationally,
-including for the Program to End Modern Slavery, of which not
-less than $89,500,000 shall be from funds made available under
-the heading ``International Narcotics Control and Law
-Enforcement'': Provided, That funds made available by this Act
-under the heading ``National Security Investment Programs''
-that are made available for activities to combat trafficking in
-persons should be obligated and programmed consistent with the
-country-specific recommendations included in the annual
-Trafficking in Persons Report, and shall be coordinated with
-the Office to Monitor and Combat Trafficking in Persons,
+(1) In general.--Of the funds appropriated by this Act under
+the headings ``National Security Investment Programs'' and
+``International Narcotics Control and Law Enforcement'', not less
+than $105,625,000 shall be made available for activities to combat
+trafficking in persons internationally, including for the Program
+to End Modern Slavery, of which not less than $89,500,000 shall be
+from funds made available under the heading ``International
+Narcotics Control and Law Enforcement'': Provided, That funds made
+available by this Act under the heading ``National Security
+Investment Programs'' that are made available for activities to
+combat trafficking in persons should be obligated and programmed
+consistent with the country-specific recommendations included in
+the annual Trafficking in Persons Report, and shall be coordinated
+with the Office to Monitor and Combat Trafficking in Persons,
Department of State: Provided further, That such funds are in
addition to funds made available by this Act under the heading
``Diplomatic Programs'' for the Office to Monitor and Combat
Trafficking in Persons: Provided further, That funds made
-available by this Act shall be made available to further
-develop, standardize, and update training for all United States
-Government personnel under Chief of Mission authority posted at
-United States embassies and consulates abroad on recognizing
-signs of human trafficking and protocols for reporting such
-cases.
-(2) Report.--Not later than 90 days after the date of
-enactment of this Act, the Secretary of State shall report to
-the appropriate congressional committees on how all grants and
-contracts awarded in the prior fiscal year by the Department of
-State are compliant with applicable requirements within section
-106(g) of the Trafficking Victims Protection Act of 2000 (22
-U.S.C. 7104(g)).
+available by this Act shall be made available to further develop,
+standardize, and update training for all United States Government
+personnel under Chief of Mission authority posted at United States
+embassies and consulates abroad on recognizing signs of human
+trafficking and protocols for reporting such cases.
+(2) Report.--Not later than 90 days after the date of enactment
+of this Act, the Secretary of State shall report to the appropriate
+congressional committees on how all grants and contracts awarded in
+the prior fiscal year by the Department of State are compliant with
+applicable requirements within section 106(g) of the Trafficking
+Victims Protection Act of 2000 (22 U.S.C. 7104(g)).
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $338,250,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
@@ -24291,34 +23749,30 @@
consolidated Act), as applicable, shall be subject to the notification
and reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
-(1) Not later than 180 days after the date of enactment of
-this Act, the Secretary of State shall submit to the Committees
-on Appropriations a spend plan for funds made available by this
-Act for--
-(A) assistance for Pacific Islands countries and
-for Colombia;
-(B) assistance for the Caribbean Basin Security
-Initiative, Central America Regional Security
-Initiative, Middle East Partnership Initiative, Indo-
-Pacific Strategy and the Countering PRC Influence Fund,
-and Power Africa;
-(C) assistance made available pursuant to the
-following sections in this Act: section 7030; section
-7032; section 7033; section 7036; section 7047(d) (on a
-country-by-country basis); section 7059; and
-subsections (a), (e), (g), and (h) of section 7060;
-(D) funds provided under the heading
-``International Narcotics Control and Law Enforcement''
-for demand reduction, which shall include bilateral and
-global programs; and
-(E) implementation of the Global Fragility Act of
-2019.
-(2) Not later than 90 days after the date of enactment of
-this Act, the Secretary of the Treasury shall submit to the
-Committees on Appropriations a detailed spend plan for funds
-made available by this Act under the headings ``Department of
-the Treasury, International Affairs Technical Assistance'' in
-title III.
+(1) Not later than 180 days after the date of enactment of this
+Act, the Secretary of State shall submit to the Committees on
+Appropriations a spend plan for funds made available by this Act
+for--
+(A) assistance for Pacific Islands countries and for
+Colombia;
+(B) assistance for the Caribbean Basin Security Initiative,
+Central America Regional Security Initiative, Middle East
+Partnership Initiative, Indo-Pacific Strategy and the
+Countering PRC Influence Fund, and Power Africa;
+(C) assistance made available pursuant to the following
+sections in this Act: section 7030; section 7032; section 7033;
+section 7036; section 7047(d) (on a country-by-country basis);
+section 7059; and subsections (a), (e), (g), and (h) of section
+7060;
+(D) funds provided under the heading ``International
+Narcotics Control and Law Enforcement'' for demand reduction,
+which shall include bilateral and global programs; and
+(E) implementation of the Global Fragility Act of 2019.
+(2) Not later than 90 days after the date of enactment of this
+Act, the Secretary of the Treasury shall submit to the Committees
+on Appropriations a detailed spend plan for funds made available by
+this Act under the headings ``Department of the Treasury,
+International Affairs Technical Assistance'' in title III.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
@@ -24359,11 +23813,11 @@
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
-(3) expand or reduce the size of the permanent Civil
-Service, Foreign Service, eligible family member, and locally
-employed staff workforce of the Department of State from the
-staffing levels previously justified to the Committees on
-Appropriations for fiscal year 2026.
+(3) expand or reduce the size of the permanent Civil Service,
+Foreign Service, eligible family member, and locally employed staff
+workforce of the Department of State from the staffing levels
+previously justified to the Committees on Appropriations for fiscal
+year 2026.
department of state matters
@@ -24374,87 +23828,82 @@
Committees on Appropriations.
(b) Certification.--
(1) Compliance.--Not later than 45 days after the initial
-obligation of funds appropriated under titles III and IV of
-this Act that are made available to a Department of State
-bureau or office with responsibility for the management and
-oversight of such funds, the Secretary of State shall certify
-and report to the Committees on Appropriations, on an
-individual bureau or office basis, that such bureau or office
-is in compliance with Department and Federal financial and
-grants management policies, procedures, and regulations, as
-applicable.
-(2) Considerations.--When making a certification required
-by paragraph (1), the Secretary of State shall consider the
-capacity of a bureau or office to--
-(A) account for the obligated funds at the country
-and program level, as appropriate;
-(B) identify risks and develop mitigation and
-monitoring plans;
+obligation of funds appropriated under titles III and IV of this
+Act that are made available to a Department of State bureau or
+office with responsibility for the management and oversight of such
+funds, the Secretary of State shall certify and report to the
+Committees on Appropriations, on an individual bureau or office
+basis, that such bureau or office is in compliance with Department
+and Federal financial and grants management policies, procedures,
+and regulations, as applicable.
+(2) Considerations.--When making a certification required by
+paragraph (1), the Secretary of State shall consider the capacity
+of a bureau or office to--
+(A) account for the obligated funds at the country and
+program level, as appropriate;
+(B) identify risks and develop mitigation and monitoring
+plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
-certification required by paragraph (1), the Secretary shall
-submit a plan and timeline detailing the steps to be taken to
-bring such bureau or office into compliance.
+certification required by paragraph (1), the Secretary shall submit
+a plan and timeline detailing the steps to be taken to bring such
+bureau or office into compliance.
(c) Other Matters.--
(1) In addition to amounts appropriated or otherwise made
-available by this Act under the heading ``Diplomatic
-Programs''--
-(A) as authorized by section 810 of the United
-States Information and Educational Exchange Act, not to
-exceed $5,000,000, to remain available until expended,
-may be credited to this appropriation from fees or
-other payments received from English teaching, library,
-motion pictures, and publication programs and from fees
-from educational advising and counseling and exchange
-visitor programs; and
-(B) not to exceed $15,000, which shall be derived
-from reimbursements, surcharges, and fees for use of
-Blair House facilities.
-(2) Funds appropriated or otherwise made available by this
-Act under the heading ``Diplomatic Programs'' are available for
-acquisition by exchange or purchase of passenger motor vehicles
-as authorized by law and, pursuant to section 1108(g) of title
-31, United States Code, for the field examination of programs
-and activities in the United States funded from any account
-contained in title I of this Act.
-(3) Consistent with section 204 of the Admiral James W.
-Nance and Meg Donovan Foreign Relations Authorization Act,
-Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), up to $25,000,000
-of the amounts made available under the heading ``Diplomatic
-Programs'' in this Act may be obligated and expended for United
-States participation in international fairs and expositions
-abroad, including for construction and operation of a United
-States pavilion.
-(4)(A) The notification requirement of paragraphs (2) and
-(3) of subsection (j) of the State Department Basic Authorities
-Act of 1956 (22 U.S.C. 2651a(j)) shall also apply to the
-Committees on Appropriations.
+available by this Act under the heading ``Diplomatic Programs''--
+(A) as authorized by section 810 of the United States
+Information and Educational Exchange Act, not to exceed
+$5,000,000, to remain available until expended, may be credited
+to this appropriation from fees or other payments received from
+English teaching, library, motion pictures, and publication
+programs and from fees from educational advising and counseling
+and exchange visitor programs; and
+(B) not to exceed $15,000, which shall be derived from
+reimbursements, surcharges, and fees for use of Blair House
+facilities.
+(2) Funds appropriated or otherwise made available by this Act
+under the heading ``Diplomatic Programs'' are available for
+acquisition by exchange or purchase of passenger motor vehicles as
+authorized by law and, pursuant to section 1108(g) of title 31,
+United States Code, for the field examination of programs and
+activities in the United States funded from any account contained
+in title I of this Act.
+(3) Consistent with section 204 of the Admiral James W. Nance
+and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
+2000 and 2001 (22 U.S.C. 2452b), up to $25,000,000 of the amounts
+made available under the heading ``Diplomatic Programs'' in this
+Act may be obligated and expended for United States participation
+in international fairs and expositions abroad, including for
+construction and operation of a United States pavilion.
+(4)(A) The notification requirement of paragraphs (2) and (3)
+of subsection (j) of the State Department Basic Authorities Act of
+1956 (22 U.S.C. 2651a(j)) shall also apply to the Committees on
+Appropriations.
(B) The justification requirement of paragraph (4) of
subsection (j) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a(j)) shall also apply to the Committees on
Appropriations.
-(C) Not later than 90 days after the date of enactment of
-this Act, the Secretary of State shall submit to the
-appropriate congressional committees a report detailing the
-criteria used to certify that a position established in
-accordance with paragraph (2) of subsection (j) of the State
-Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(j))
-does not require the exercise of significant authority pursuant
-to the laws of the United States: Provided, That such report
-shall also include a listing of each special appointment
-authorized by such section, the number of positions for the
-applicable office, and the salary and other support costs of
-such office, and such report shall be updated and submitted to
-the such committees every 180 days thereafter until September
-30, 2027.
+(C) Not later than 90 days after the date of enactment of this
+Act, the Secretary of State shall submit to the appropriate
+congressional committees a report detailing the criteria used to
+certify that a position established in accordance with paragraph
+(2) of subsection (j) of the State Department Basic Authorities Act
+of 1956 (22 U.S.C. 2651a(j)) does not require the exercise of
+significant authority pursuant to the laws of the United States:
+Provided, That such report shall also include a listing of each
+special appointment authorized by such section, the number of
+positions for the applicable office, and the salary and other
+support costs of such office, and such report shall be updated and
+submitted to the such committees every 180 days thereafter until
+September 30, 2027.
(5) Funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``National Security Investment
Programs'' shall be made available for the purposes and in the
-manner described under this subsection in the explanatory
-statement described in section 4 (in the matter preceding
-division A of this consolidated Act).
+manner described under this subsection in the explanatory statement
+described in section 4 (in the matter preceding division A of this
+consolidated Act).
foreign assistance management
@@ -24558,10 +24007,10 @@
(1) United States flag;
(2) Foreign Service flag pursuant to 2 FAM 154.2-1;
(3) POW/MIA flag;
-(4) Hostage and Wrongful Detainee flag, pursuant to section
-904 of title 36, United States Code;
-(5) flag of a State, insular area, or the District of
-Columbia at domestic locations;
+(4) Hostage and Wrongful Detainee flag, pursuant to section 904
+of title 36, United States Code;
+(5) flag of a State, insular area, or the District of Columbia
+at domestic locations;
(6) flag of an Indian Tribal government;
(7) official branded flag of a United States agency; or
(8) sovereign flag of other countries.
@@ -24585,12 +24034,9 @@
amounts as are provided in this or any other appropriations Act.
(b) World Bank.--
(1) International development association twenty-first
-replenishment.--The International Development Association Act
-(22 U.S.C. 284 et seq.) is amended by adding at the end the
-following:
-
+replenishment.--The International Development Association Act (22
+U.S.C. 284 et seq.) is amended by adding at the end the following:
``SEC. 33. TWENTY-FIRST REPLENISHMENT.
-
``(a) In General.--The United States Governor of the International
Development Association may contribute on behalf of the United States
$3,198,552,000 to the twenty-first replenishment of the resources of
@@ -24599,13 +24045,10 @@
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$3,198,552,000 for payment by the Secretary of the Treasury.''.
-(2) Multilateral development bank support for nuclear
-energy.--Title XV of the International Financial Institutions
-Act (22 U.S.C. 262o et seq.) is amended by adding at the end
-the following:
-
+(2) Multilateral development bank support for nuclear energy.--
+Title XV of the International Financial Institutions Act (22 U.S.C.
+262o et seq.) is amended by adding at the end the following:
``SEC. 1506. MULTILATERAL DEVELOPMENT BANK SUPPORT FOR NUCLEAR ENERGY.
-
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Bank for Reconstruction and
Development, the European Bank for Reconstruction and Development, and,
@@ -24616,25 +24059,22 @@
against financial and technical assistance for the generation,
transmission, and distribution of nuclear energy, to the extent
that the prohibitions apply to nuclear technologies, including
-small modular reactors, that meet or exceed the quality and
-safety standards of technologies produced by the United States
-or a member country of the Organisation for Economic Co-
-operation and Development; and
-``(2) increased internal capacity-building at the
-respective bank for the purpose of assessing--
-``(A) the potential role of nuclear energy,
-including small modular reactors, in the energy systems
-of client countries; and
-``(B) the delivery of financial and technical
-assistance described in paragraph (1) to the
-countries.''.
-(3) Establishment of nuclear energy assistance trust
-funds.--Title XV of the International Financial Institutions
-Act (22 U.S.C. 262o et seq.) is further amended by adding at
-the end the following:
-
+small modular reactors, that meet or exceed the quality and safety
+standards of technologies produced by the United States or a member
+country of the Organisation for Economic Co-operation and
+Development; and
+``(2) increased internal capacity-building at the respective
+bank for the purpose of assessing--
+``(A) the potential role of nuclear energy, including small
+modular reactors, in the energy systems of client countries;
+and
+``(B) the delivery of financial and technical assistance
+described in paragraph (1) to the countries.''.
+(3) Establishment of nuclear energy assistance trust funds.--
+Title XV of the International Financial Institutions Act (22 U.S.C.
+262o et seq.) is further amended by adding at the end the
+following:
``SEC. 1507. ESTABLISHMENT OF NUCLEAR ENERGY ASSISTANCE TRUST FUNDS.
-
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Governors of the International Bank for Reconstruction
and Development, and, as the Secretary deems appropriate, of other
@@ -24645,22 +24085,22 @@
subsections (b) and (c) of this section.
``(b) Purposes.--The purposes of such a trust fund shall be the
following:
-``(1) To provide financial and technical assistance to
-support the generation, transmission, and distribution of
-nuclear energy in borrowing countries.
-``(2) To ensure that the international financial
-institution makes financing available on competitive terms,
-including for the purpose of countering credit extended by the
-government of a country that is not a member of the OECD
-Arrangement on Officially Supported Export Credits.
+``(1) To provide financial and technical assistance to support
+the generation, transmission, and distribution of nuclear energy in
+borrowing countries.
+``(2) To ensure that the international financial institution
+makes financing available on competitive terms, including for the
+purpose of countering credit extended by the government of a
+country that is not a member of the OECD Arrangement on Officially
+Supported Export Credits.
``(3) To exclusively support the adoption of nuclear energy
-technologies, including small modular reactors, that meet or
-exceed the quality and safety standards of technologies
-produced by the United States or a member country of the
-Organisation for Economic Co-operation and Development.
-``(4) To strengthen the capacity of the international
-financial institution to assess, implement, and evaluate
-nuclear energy projects.
+technologies, including small modular reactors, that meet or exceed
+the quality and safety standards of technologies produced by the
+United States or a member country of the Organisation for Economic
+Co-operation and Development.
+``(4) To strengthen the capacity of the international financial
+institution to assess, implement, and evaluate nuclear energy
+projects.
``(c) Use of Trust Fund Revenues.--The revenues of such a trust
fund may be made available for activities for the purposes described in
subsection (b), or the United States share of the revenues may be
@@ -24672,83 +24112,76 @@
institution (as so defined) to encourage the provision of financial or
technical assistance from non-trust fund resources of the institution
to support the generation or distribution of nuclear energy.''.
-(4) Inclusion in annual report.--During the 7-year period
-that begins with the date of enactment of this Act, the
-Chairman of the National Advisory Council on International
-Monetary and Financial Policies shall include in the annual
-report required by section 1701 of the International Financial
-Institutions Act a description of any progress made--
-(A) to promote multilateral development bank (as
-defined in such section) assistance for nuclear energy;
-and
-(B) to establish a trust fund pursuant to section
-1507 of such Act or, as the case may be, a summary of
-the activities of any such trust fund.
-(5) Sunset.--The preceding provisions of this subsection
-and the amendments made by the preceding provisions of this
-subsection shall have no force or effect beginning 10 years
+(4) Inclusion in annual report.--During the 7-year period that
+begins with the date of enactment of this Act, the Chairman of the
+National Advisory Council on International Monetary and Financial
+Policies shall include in the annual report required by section
+1701 of the International Financial Institutions Act a description
+of any progress made--
+(A) to promote multilateral development bank (as defined in
+such section) assistance for nuclear energy; and
+(B) to establish a trust fund pursuant to section 1507 of
+such Act or, as the case may be, a summary of the activities of
+any such trust fund.
+(5) Sunset.--The preceding provisions of this subsection and
+the amendments made by the preceding provisions of this subsection
+shall have no force or effect beginning 10 years after the date of
+the enactment of this Act.
+(6) Continuation of pause on world bank disbursements and
+commitments to burma.--The Secretary of the Treasury shall direct
+the United States Executive Director at the International Bank for
+Reconstruction and Development to use the voice and vote of the
+United States to continue the pause by the Bank on disbursements
+and the making of new financing commitments to Burma, that was
+initiated after a military coup overthrew the democratically
+elected government of Burma in 2021, unless the Secretary of the
+Treasury determines that it is not in the national interest of the
+United States to do so.
+(7) Exemption from securities laws; reports to securities and
+exchange commission.--Any securities issued by the International
+Development Association (including any guaranty by the Association,
+whether or not limited in scope) and any securities guaranteed by
+the Association as to both principal and interest shall be deemed
+to be exempted securities within the meaning of section 3(a)(2) of
+the Securities Act of 1933 (15 U.S.C. 77c(a)(2)) and section
+3(a)(12) of the Securities Exchange Act of 1934 (15 U.S.C.
+78c(a)(12)): Provided, That the Association shall file with the
+Securities and Exchange Commission such annual and other reports
+with regard to such securities as the Commission shall determine to
+be appropriate in view of the special character of the Association
+and its operations, and necessary in the public interest or for the
+protection of investors.
+(8) Authority of securities and exchange commission to suspend
+exemption; reports to congress.--The Securities and Exchange
+Commission, acting in consultation with the National Advisory
+Council on International Monetary and Financial Policies, may
+suspend the provisions of paragraph (7) at any time as to any or
+all securities issued or guaranteed by the International
+Development Association during the period of such suspension:
+Provided, That the Commission shall include in its annual reports
+to the Congress such information as it shall deem advisable with
+regard to the operations and effect of this paragraph.
+(9) Effective date.--
+(A) In general.--Paragraph (7) shall take effect 30 days
after the date of the enactment of this Act.
-(6) Continuation of pause on world bank disbursements and
-commitments to burma.--The Secretary of the Treasury shall
-direct the United States Executive Director at the
-International Bank for Reconstruction and Development to use
-the voice and vote of the United States to continue the pause
-by the Bank on disbursements and the making of new financing
-commitments to Burma, that was initiated after a military coup
-overthrew the democratically elected government of Burma in
-2021, unless the Secretary of the Treasury determines that it
-is not in the national interest of the United States to do so.
-(7) Exemption from securities laws; reports to securities
-and exchange commission.--Any securities issued by the
-International Development Association (including any guaranty
-by the Association, whether or not limited in scope) and any
-securities guaranteed by the Association as to both principal
-and interest shall be deemed to be exempted securities within
-the meaning of section 3(a)(2) of the Securities Act of 1933
-(15 U.S.C. 77c(a)(2)) and section 3(a)(12) of the Securities
-Exchange Act of 1934 (15 U.S.C. 78c(a)(12)): Provided, That
-the Association shall file with the Securities and Exchange
-Commission such annual and other reports with regard to such
-securities as the Commission shall determine to be appropriate
-in view of the special character of the Association and its
-operations, and necessary in the public interest or for the
-protection of investors.
-(8) Authority of securities and exchange commission to
-suspend exemption; reports to congress.--The Securities and
-Exchange Commission, acting in consultation with the National
-Advisory Council on International Monetary and Financial
-Policies, may suspend the provisions of paragraph (7) at any
-time as to any or all securities issued or guaranteed by the
-International Development Association during the period of such
-suspension: Provided, That the Commission shall include in its
-annual reports to the Congress such information as it shall
-deem advisable with regard to the operations and effect of this
-paragraph.
-(9) Effective date.--
-(A) In general.--Paragraph (7) shall take effect 30
-days after the date of the enactment of this Act.
-(B) Exception.--Notwithstanding subparagraph (A),
-paragraph (7) shall not take effect if, before the
-effective date described in subparagraph (A), the
-Secretary of the Treasury reports to the Committee on
-Financial Services of the House of Representatives and
-the Committees on Banking, Housing, and Urban Affairs
-and Foreign Relations of the Senate that the
-International Development Association is providing
-financial assistance to any country the government of
-which the Secretary of State has determined, for
-purposes of section 1754 of the National Defense
-Authorization Act for Fiscal Year 2019, section 620A of
-the Foreign Assistance Act of 1961, or section 40 of
-the Arms Export Control Act, to be a government that
-has repeatedly provided support for acts of
-international terrorism.
+(B) Exception.--Notwithstanding subparagraph (A), paragraph
+(7) shall not take effect if, before the effective date
+described in subparagraph (A), the Secretary of the Treasury
+reports to the Committee on Financial Services of the House of
+Representatives and the Committees on Banking, Housing, and
+Urban Affairs and Foreign Relations of the Senate that the
+International Development Association is providing financial
+assistance to any country the government of which the Secretary
+of State has determined, for purposes of section 1754 of the
+National Defense Authorization Act for Fiscal Year 2019,
+section 620A of the Foreign Assistance Act of 1961, or section
+40 of the Arms Export Control Act, to be a government that has
+repeatedly provided support for acts of international
+terrorism.
(c) Asian Development Fund Thirteenth Replenishment.--The Asian
Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at
the end the following:
-
``SEC. 38. ASIAN DEVELOPMENT FUND THIRTEENTH REPLENISHMENT.
-
``(a) In General.--The United States Governor of the Fund may
contribute on behalf of the United States $174,440,000 to the
thirteenth replenishment of the resources of the Fund, subject to
@@ -24760,17 +24193,15 @@
(d) African Development Bank General Callable Capital Increase.--
The African Development Bank Act (22 U.S.C. 290i et seq.) is amended by
inserting at the end the following:
-
``SEC. 1346. GENERAL CALLABLE CAPITAL INCREASE.
-
``(a) Subscription Authorized.--
-``(1) In general.--The United States Governor of the Bank
-may subscribe on behalf of the United States to 800,000
-additional shares of the capital stock of the Bank.
-``(2) Limitation.--Any subscription by the United States to
-the capital stock of the Bank shall be effective only to such
-extent and in such amounts as are provided in advance in
-appropriations Acts.
+``(1) In general.--The United States Governor of the Bank may
+subscribe on behalf of the United States to 800,000 additional
+shares of the capital stock of the Bank.
+``(2) Limitation.--Any subscription by the United States to the
+capital stock of the Bank shall be effective only to such extent
+and in such amounts as are provided in advance in appropriations
+Acts.
``(b) Authorization of Appropriations.--For the increase in the
United States subscription to the Bank under subsection (a), there is
authorized to be appropriated, without fiscal year limitation,
@@ -24854,7 +24285,6 @@
DIVISION G--OTHER MATTERS
SEC. 101. FUNDING LIMITATION.
-
Notwithstanding any other provision of any other division of this
Act, funds appropriated or otherwise made available by division F of
this Act or other Acts making appropriations for the Department of
@@ -24863,2268 +24293,59 @@
State, foreign operations, and related programs, may not be used for a
contribution, grant, or other payment to the United Nations Relief and
Works Agency, notwithstanding any other provision of law--
-(1) for any amounts provided in prior fiscal years or in
-fiscal year 2026; or
-(2) for amounts provided in fiscal year 2027, until March
-25, 2027.
-
-DIVISION H--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2026
-
-TITLE I
-
-DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
-OVERSIGHT
-
-Office of the Secretary and Executive Management
-
-operations and support
-
-For necessary expenses of the Office of the Secretary and for
-executive management for operations and support, $316,295,000, which
-shall be for the purposes and in the amounts specified in the ``Final
-Bill'' column for Office of the Secretary and Executive Management,
-Operations and Support, in the ``Department of Homeland Security
-Appropriations Act, 2026'' table in the explanatory statement described
-in section 4 (in the matter preceding division A of this consolidated
-Act), of which $14,050,000 of amounts made available for Management and
-Oversight, Office of Health Security and $8,000,000 of amounts made
-available for Office of Strategy, Policy, and Plans shall remain
-available until September 30, 2027: Provided, That $5,000,000 shall be
-withheld from obligation until the Secretary submits to the Committees
-on Appropriations of the House of Representatives and the Senate
-responses to all questions for the record for each hearing on the
-fiscal year 2027 budget submission for the Department of Homeland
-Security held by such Committees prior to July 1: Provided further,
-That not to exceed $15,000 shall be for official reception and
-representation expenses.
-
-procurement, construction, and improvements
-
-For necessary expenses of the Office of the Secretary and for
-executive management for procurement, construction, and improvements,
-$8,911,000, to remain available until September 30, 2028.
-
-Management Directorate
-
-operations and support
-
-For necessary expenses of the Management Directorate for operations
-and support, including vehicle fleet modernization, $1,690,380,000,
-which shall be for the purposes and in the amounts specified in the
-``Final Bill'' column for Management Directorate, Operations and
-Support, in the ``Department of Homeland Security Appropriations Act,
-2026'' table in the explanatory statement described in section 4 (in
-the matter preceding division A of this consolidated Act): Provided,
-That not to exceed $2,000 shall be for official reception and
-representation expenses.
-
-procurement, construction, and improvements
-
-For necessary expenses of the Management Directorate for
-procurement, construction, and improvements, $58,106,000, to remain
-available until September 30, 2028.
-
-federal protective service
-
-The revenues and collections of security fees credited to this
-account shall be available until expended for necessary expenses
-related to the protection of federally owned and leased buildings and
-for the operations of the Federal Protective Service.
-
-Intelligence, Analysis, and Situational Awareness
-
-operations and support
-
-For necessary expenses of the Office of Intelligence and Analysis
-and the Office of Homeland Security Situational Awareness for
-operations and support, $340,819,000, of which $121,274,000 shall
-remain available until September 30, 2027: Provided, That not to
-exceed $3,825 shall for be official reception and representation
-expenses and not to exceed $2,000,000 is available for facility needs
-associated with secure space at fusion centers, including improvements
-to buildings.
-
-Office of Inspector General
-
-operations and support
-
-For necessary expenses of the Office of Inspector General for
-operations and support, $257,599,000, of which $20,000,000 shall be for
-additional inspections and oversight of detention facilities and shall
-remain available until September 30, 2027, and of which $12,814,000
-shall be for oversight of the execution of funds provided in Public Law
-119-21: Provided, That not to exceed $300,000 may be used for certain
-confidential operational expenses, including the payment of informants,
-to be expended at the direction of the Inspector General.
-
-Administrative Provisions
-
-Sec. 101. (a) The Secretary of Homeland Security shall submit a
-report not later than October 15, 2026, to the Inspector General of the
-Department of Homeland Security listing all grants and contracts
-awarded by any means other than full and open competition during fiscal
-years 2025 or 2026.
-(b) The Inspector General shall review the report required by
-subsection (a) to assess departmental compliance with applicable laws
-and regulations and report the results of that review to the Committees
-on Appropriations of the House of Representatives and the Senate not
-later than February 15, 2027.
-Sec. 102. (a) Not later than 30 days after the last day of each
-month, the Chief Financial Officer of the Department of Homeland
-Security shall submit to the Committees on Appropriations of the House
-of Representatives and the Senate a monthly budget and staffing report
-that includes total obligations of the Department for that month and
-for the fiscal year at the appropriation and program, project, and
-activity levels, by the source year of the appropriation.
-(b) The initial staffing report submitted pursuant to subsection
-(a) shall be the baseline for which the Department of Homeland Security
-may increase or decrease staffing levels for any program, project, or
-activity pursuant to section 503(a)(4) of this Act.
-Sec. 103. (a) The Secretary of Homeland Security, in consultation
-with the Secretary of the Treasury, shall notify the Committees on
-Appropriations of the House of Representatives and the Senate of any
-proposed transfers of funds available under section 9705(g)(4)(B) of
-title 31, United States Code, from the Department of the Treasury
-Forfeiture Fund to any agency within the Department of Homeland
-Security.
-(b) None of the funds identified for such a transfer may be
-obligated until the Committees on Appropriations of the House of
-Representatives and the Senate are notified of the proposed transfer.
-Sec. 104. All official costs associated with the use of Government
-aircraft by Department of Homeland Security personnel to support
-official travel of the Secretary and the Deputy Secretary shall be paid
-from amounts made available for the Office of the Secretary.
-Sec. 105. (a) The Under Secretary for Management shall brief the
-Committees on Appropriations of the House of Representatives and the
-Senate not later than 45 days after the end of each fiscal quarter on
-all Level 1 and Level 2 acquisition programs on the Master Acquisition
-Oversight List between Acquisition Decision Event and Full Operational
-Capability, including programs that have been removed from such list
-during the preceding quarter.
-(b) For each such program, the briefing described in subsection (a)
-shall include--
-(1) a description of the purpose of the program, including
-the capabilities being acquired and the component(s) sponsoring
-the acquisition;
-(2) the total number of units, as appropriate, to be
-acquired annually until procurement is complete under the
-current acquisition program baseline;
-(3) the Acquisition Review Board status, including--
-(A) the current acquisition phase by increment, as
-applicable;
-(B) the date of the most recent review; and
-(C) whether the program has been paused or is in
-breach status;
-(4) a comparison between the initial Department-approved
-acquisition program baseline cost, schedule, and performance
-thresholds and objectives and the program's current such
-thresholds and objectives, if applicable;
-(5) the lifecycle cost estimate, adjusted for comparison to
-the Future Years Homeland Security Program, including--
-(A) the confidence level for the estimate;
-(B) the fiscal years included in the estimate;
-(C) a breakout of the estimate for the prior five
-years, the current year, and the budget year;
-(D) a breakout of the estimate by appropriation
-account or other funding source; and
-(E) a description of and rationale for any changes
-to the estimate as compared to the previously approved
-baseline, as applicable, and during the prior fiscal
-year;
-(6) a summary of the findings of any independent
-verification and validation of the items to be acquired or an
-explanation for why no such verification and validation has
-been performed;
-(7) a table displaying the obligation of all program funds
-by prior fiscal year, the estimated obligation of funds for the
-current fiscal year, and an estimate for the planned carryover
-of funds into the subsequent fiscal year;
-(8) a listing of prime contractors and major
-subcontractors; and
-(9) narrative descriptions of risks to cost, schedule, or
-performance that could result in a program breach if not
-successfully mitigated.
-(c) The Under Secretary for Management shall submit each approved
-Acquisition Decision Memorandum for programs described in this section
-to the Committees on Appropriations of the House of Representatives and
-the Senate not later than five business days after the date of approval
-of such memorandum by the Under Secretary for Management or the
-designee of the Under Secretary for Management.
-Sec. 106. (a) None of the funds made available to the Department of
-Homeland Security in this Act or prior appropriations Acts may be
-obligated for any new pilot or demonstration unless the component or
-office carrying out such pilot or demonstration has documented the
-information described in subsection (c).
-(b) Prior to the obligation of any such funds made available for
-``Operations and Support'' for a new pilot or demonstration, the Under
-Secretary for Management shall provide a report to the Committees on
-Appropriations of the House of Representatives and the Senate on the
-information described in subsection (c).
-(c) The information required under subsections (a) and (b) for a
-pilot or demonstration shall include the following--
-(1) documented objectives that are well-defined and
-measurable;
-(2) an assessment methodology that details--
-(A) the type and source of assessment data;
-(B) the methods for, and frequency of, collecting
-such data; and
-(C) how such data will be analyzed; and
-(3) an implementation plan, including milestones, cost
-estimates, and implementation schedules, including a projected
-end date.
-(d) Not later than 90 days after the date of completion of a pilot
-or demonstration described in subsection (e), the Under Secretary for
-Management shall provide a report to the Committees on Appropriations
-of the House of Representatives and the Senate detailing lessons
-learned, actual costs, any planned expansion or continuation of the
-pilot or demonstration, and any planned transition of such pilot or
-demonstration into an enduring program or operation.
-(e) For the purposes of this section, a pilot or demonstration
-program is a study, demonstration, experimental program, or trial
-that--
-(1) is a small-scale, short-term experiment conducted in
-order to evaluate feasibility, duration, costs, or adverse
-events, and improve upon the design of an effort prior to
-implementation of a larger scale effort; and
-(2) uses more than 10 full-time equivalents or obligates,
-or proposes to obligate, $5,000,000 or more, but does not
-include congressionally directed programs or enhancements and
-does not include programs that were in operation as of the date
-of the enactment of this Act.
-(f) For the purposes of this section, a pilot or demonstration does
-not include any testing, evaluation, or initial deployment phase
-executed under a procurement contract for the acquisition of
-information technology services or systems, or any pilot or
-demonstration carried out by a non-Federal recipient under any
-financial assistance agreement funded by the Department.
-Sec. 107. (a) None of the funds appropriated or otherwise made
-available by this Act may be used by the Office of Intelligence and
-Analysis of the Department of Homeland Security to conduct a covered
-activity (as defined by section 6303 of the Intelligence Authorization
-Act for Fiscal Year 2025 (division F of Public Law 118-159)).
-(b) Nothing in this section shall be construed as limiting or
-superseding the authority of any official within the Department of
-Homeland Security to conduct legal, privacy, civil rights, or civil
-liberties oversight of the intelligence activities of the Office of
-Intelligence and Analysis.
-(c) Nothing in this section shall be construed to prohibit, or to
-limit the authority of, personnel of the Office of Intelligence and
-Analysis of the Department of Homeland Security from sharing
-intelligence information with, or receiving information from--
-(1) foreign, State, local, tribal, or territorial
-governments (or any agency or subdivision thereof);
-(2) the private sector; or
-(3) other elements of the Federal Government, including the
-components of the Department of Homeland Security.
-Sec. 108. (a) The Inspector General shall report to the Committees
-on Appropriations of the House of Representatives and the Senate on a
-quarterly basis on oversight of the funding provided to the Department
-in Public Law 119-21.
-(b) The quarterly report required in subsection (a) shall include--
-(1) a review of the spend plans for every program, project,
-or activity funded by the Department under Public Law 119-21,
-including the current status of obligated funds compared to
-spend plan projections; and
-(2) a summary of the audits being conducted on the
-Department's contracting, procurement, and acquisition
-activities resulting from Public Law 119-21.
-(c) Beginning one year after the date of enactment of this Act, and
-annually thereafter, the Inspector General shall submit a comprehensive
-report to the Committees on Appropriations of the House of
-Representatives and the Senate on the audits, inspections, and
-evaluations conducted on funds provided and activities undertaken in
-Public Law 119-21 and shall also provide recommendations in such report
-on ways to improve effectiveness and efficiency and prevent waste,
-fraud, and abuse of such programs and funds.
-Sec. 109. (a) For an additional amount for ``Office of the
-Secretary and Executive Management--Operations and Support--Office of
-the Secretary'', $20,000,000, for the procurement, deployment, and
-operations of body-worn cameras for agents and officers performing
-enforcement activities under 8 U.S.C. 1101 et seq.
-(b) Within 30 days of the date of enactment of this Act, the
-Secretary shall provide the Committees on Appropriations of the House
-of Representatives and the Senate a spend plan for the execution of
-funding provided in subsection (a).
-
-TITLE II
-
-SECURITY, ENFORCEMENT, AND INVESTIGATIONS
-
-U.S. Customs and Border Protection
-
-operations and support
-
-(including transfer of funds)
-
-For necessary expenses of U.S. Customs and Border Protection for
-operations and support, including the transportation of unaccompanied
-alien minors; the provision of air and marine support to Federal,
-State, local, and international agencies in the enforcement or
-administration of laws enforced by the Department of Homeland Security;
-at the discretion of the Secretary of Homeland Security, the provision
-of such support to Federal, State, and local agencies in other law
-enforcement and emergency humanitarian efforts; the purchase and lease
-of up to 7,500 (6,500 for replacement only) police-type vehicles; the
-purchase, maintenance, or operation of marine vessels, aircraft, and
-unmanned aerial systems; and contracting with individuals for personal
-services abroad; $17,727,974,000; of which $3,274,000 shall be derived
-from the Harbor Maintenance Trust Fund for administrative expenses
-related to the collection of the Harbor Maintenance Fee pursuant to
-section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
-9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
-Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $550,000,000 shall
-be available until September 30, 2027; and of which such sums as become
-available in the Customs User Fee Account, except sums subject to
-section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
-Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
-Provided, That not to exceed $34,425 shall be for official reception
-and representation expenses: Provided further, That not to exceed
-$150,000 shall be available for payment for rental space in connection
-with preclearance operations: Provided further, That not to exceed
-$2,000,000 shall be for awards of compensation to informants, to be
-accounted for solely under the certificate of the Secretary of Homeland
-Security: Provided further, That not to exceed $2,500,000 may be
-transferred to the Bureau of Indian Affairs for the maintenance and
-repair of roads on Native American reservations used by the U.S. Border
-Patrol.
-
-procurement, construction, and improvements
-
-For necessary expenses of U.S. Customs and Border Protection for
-procurement, construction, and improvements, including procurement of
-marine vessels, aircraft, and unmanned aerial systems, $222,886,000,
-which shall be for the purposes and in the amounts specified in the
-``Final Bill'' column for U.S. Customs and Border Protection,
-Procurement, Construction, and Improvements, in the ``Department of
-Homeland Security Appropriations Act, 2026'' table in the explanatory
-statement described in section 4 (in the matter preceding division A of
-this consolidated Act), of which--
-(1) amounts made available for Border Security Assets and
-Infrastructure, Trade and Travel Assets and Infrastructure,
-Integrated Operations Assets and Infrastructure, Mission
-Support Assets and Infrastructure, and Radiological Detection
-Systems shall remain available until September 30, 2028; and
-(2) amounts made available for Construction and Facility
-Improvements shall remain available until September 30, 2030.
-
-U.S. Immigration and Customs Enforcement
-
-operations and support
-
-For necessary expenses of U.S. Immigration and Customs Enforcement
-for operations and support, including the purchase and lease of up to
-3,790 (2,350 for replacement only) police-type vehicles; overseas
-vetted units; and maintenance, minor construction, and minor leasehold
-improvements at owned and leased facilities; $10,036,362,000, which
-shall be for the purposes and in the amounts specified in the ``Final
-Bill'' column for U.S. Immigration and Customs Enforcement, Operations
-and Support, in the ``Department of Homeland Security Appropriations
-Act, 2026'' table in the explanatory statement described in section 4
-(in the matter preceding division A of this consolidated Act), of
-which--
-(1) of the amounts made available for Homeland Security
-Investigations--
-(A) not less than $6,000,000 shall remain available
-until expended for efforts to enforce laws against
-forced child labor;
-(B) $46,696,000 shall remain available until
-September 30, 2027;
-(C) not less than $3,000,000 is for paid
-apprenticeships for participants in the Human
-Exploitation Rescue Operative Child-Rescue Corps;
-(D) not less than $15,000,000 shall be available
-for investigation of intellectual property rights
-violations, including operation of the National
-Intellectual Property Rights Coordination Center;
-(E) $15,000,000 shall be available until expended
-for conducting special operations under section 3131 of
-the Customs Enforcement Act of 1986 (19 U.S.C. 2801);
-and
-(F) not to exceed $4,000,000 shall be for awards of
-compensation to informants, to be accounted for solely
-under the certificate of the Secretary of Homeland
-Security;
-(2) of the amounts made available for Enforcement and
-Removal Operations, not to exceed $11,216,000 shall be
-available to fund or reimburse other Federal agencies for the
-costs associated with the care, maintenance, and repatriation
-of smuggled aliens unlawfully present in the United States; and
-(3) of the amounts made available under this heading,
-$11,475 shall be for official reception and representation
-expenses.
-
-procurement, construction, and improvements
-
-For necessary expenses of U.S. Immigration and Customs Enforcement
-for procurement, construction, and improvements, $5,000,000, to remain
-available until September 30, 2028.
-
-Transportation Security Administration
-
-operations and support
-
-For necessary expenses of the Transportation Security
-Administration for operations and support, $10,635,434,000, of which
-$300,000,000 shall remain available until September 30, 2027:
-Provided, That not to exceed $7,650 shall be for official reception and
-representation expenses: Provided further, That security service fees
-authorized under section 44940 of title 49, United States Code, shall
-be credited to this appropriation as offsetting collections and shall
-be available only for aviation security: Provided further, That the
-sum appropriated under this heading from the general fund shall be
-reduced on a dollar-for-dollar basis as such offsetting collections are
-received during fiscal year 2026 so as to result in a final fiscal year
-appropriation from the general fund estimated at not more than
-$7,605,434,000.
-
-procurement, construction, and improvements
-
-For necessary expenses of the Transportation Security
-Administration for procurement, construction, and improvements,
-$330,230,000, to remain available until September 30, 2028.
-
-research and development
-
-For necessary expenses of the Transportation Security
-Administration for research and development, $24,000,000, to remain
-available until September 30, 2027.
-
-Coast Guard
-
-operations and support
-
-For necessary expenses of the Coast Guard for operations and
-support including the Coast Guard Reserve; purchase or lease of not to
-exceed 30 passenger motor vehicles, which shall be for replacement
-only; purchase or lease of small boats for contingent and emergent
-requirements (at a unit cost of not more than $700,000) and repairs and
-service-life replacements, not to exceed a total of $31,000,000;
-purchase, lease, or improvements of boats necessary for overseas
-deployments and activities; payments pursuant to section 156 of Public
-Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
-welfare; $11,272,401,000, of which $530,000,000 shall be for defense-
-related activities; of which $24,500,000 shall be derived from the Oil
-Spill Liability Trust Fund to carry out the purposes of section
-1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
-which $20,000,000 shall remain available until September 30, 2028; of
-which $25,335,000 shall remain available until September 30, 2030, for
-environmental compliance and restoration; and of which $400,000,000
-shall remain available until September 30, 2027, which shall only be
-available for depot level maintenance: Provided, That not to exceed
-$23,000 shall be for official reception and representation expenses.
-
-procurement, construction, and improvements
-
-For necessary expenses of the Coast Guard for procurement,
-construction, and improvements, including aids to navigation, shore
-facilities (including facilities at Department of Defense installations
-used by the Coast Guard), and vessels and aircraft, including equipment
-related thereto, $991,872,000, to remain available until September 30,
-2030; of which $20,000,000 shall be derived from the Oil Spill
-Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
-the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
-
-research and development
-
-For necessary expenses of the Coast Guard for research and
-development; and for maintenance, rehabilitation, lease, and operation
-of facilities and equipment; $6,763,000, to remain available until
-September 30, 2028, of which $500,000 shall be derived from the Oil
-Spill Liability Trust Fund to carry out the purposes of section
-1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
-Provided, That there may be credited to and used for the purposes of
-this appropriation funds received from State and local governments,
-other public authorities, private sources, and foreign countries for
-expenses incurred for research, development, testing, and evaluation.
-
-retired pay
-
-For retired pay, including the payment of obligations otherwise
-chargeable to lapsed appropriations for this purpose, payments under
-the Retired Serviceman's Family Protection and Survivor Benefits Plans,
-payment for career status bonuses, payment of continuation pay under
-section 356 of title 37, United States Code, concurrent receipts,
-combat-related special compensation, and payments for medical care of
-retired personnel and their dependents under chapter 55 of title 10,
-United States Code, $1,249,000,000, to remain available until expended.
-
-United States Secret Service
-
-operations and support
-
-For necessary expenses of the United States Secret Service for
-operations and support, including purchase of not to exceed 652
-vehicles for police-type use; hire of passenger motor vehicles;
-purchase of motorcycles made in the United States; hire of aircraft;
-rental of buildings in the District of Columbia; fencing, lighting,
-guard booths, and other facilities on private or other property not in
-Government ownership or control, as may be necessary to perform
-protective functions; conduct of and participation in firearms matches;
-presentation of awards; conduct of behavioral research in support of
-protective intelligence and operations; payment in advance for
-commercial accommodations as may be necessary to perform protective
-functions; and payment, without regard to section 5702 of title 5,
-United States Code, of subsistence expenses of employees who are on
-protective missions, whether at or away from their duty stations;
-$3,128,304,000, of which $96,299,000 shall remain available until
-September 30, 2027, and of which $20,000,000 shall remain available
-until September 30, 2028; and of which $6,000,000 shall be for a grant
-for activities related to investigations of missing and exploited
-children; and of which up to $33,000,000 may be for calendar year 2025
-premium pay in excess of the annual equivalent of the limitation on the
-rate of pay contained in section 5547(a) of title 5, United States
-Code, pursuant to section 2 of the Overtime Pay for Protective Services
-Act of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 118-38:
-Provided, That not to exceed $19,125 shall be for official reception
-and representation expenses: Provided further, That not to exceed
-$100,000 shall be to provide technical assistance and equipment to
-foreign law enforcement organizations in criminal investigations within
-the jurisdiction of the United States Secret Service.
-
-procurement, construction, and improvements
-
-For necessary expenses of the United States Secret Service for
-procurement, construction, and improvements, $118,517,000, of which
-$96,167,000 shall remain available until September 30, 2028, and of
-which $22,350,000 shall remain available until September 30, 2030.
-
-research and development
-
-For necessary expenses of the United States Secret Service for
-research and development, $3,250,000, to remain available until
-September 30, 2027.
-
-Administrative Provisions
-
-Sec. 201. Section 201 of the Department of Homeland Security
-Appropriations Act, 2018 (division F of Public Law 115-141), related to
-overtime compensation limitations, shall apply with respect to funds
-made available in this Act in the same manner as such section applied
-to funds made available in that Act, except that ``fiscal year 2026''
-shall be substituted for ``fiscal year 2018''.
-Sec. 202. Funding made available under the headings ``U.S. Customs
-and Border Protection--Operations and Support'' and ``U.S. Customs and
-Border Protection--Procurement, Construction, and Improvements'' shall
-be available for customs expenses when necessary to maintain operations
-and prevent adverse personnel actions in Puerto Rico and the U.S.
-Virgin Islands, in addition to funding provided by sections 740 and
-1406i of title 48, United States Code.
-Sec. 203. As authorized by section 601(b) of the United States-
-Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
-42), fees collected from passengers arriving from Canada, Mexico, or an
-adjacent island pursuant to section 13031(a)(5) of the Consolidated
-Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
-be available until expended.
-Sec. 204. (a) For an additional amount for ``U.S. Customs and
-Border Protection--Operations and Support'', $31,000,000, to remain
-available until expended, to be reduced by amounts collected and
-credited to this appropriation in fiscal year 2026 from amounts
-authorized to be collected by section 286(i) of the Immigration and
-Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
-and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
-the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law
-114-125), or other such authorizing language.
-(b) To the extent that amounts realized from such collections
-exceed $31,000,000, those amounts in excess of $31,000,000 shall be
-credited to this appropriation, to remain available until expended.
-Sec. 205. None of the funds made available in this Act for U.S.
-Customs and Border Protection may be used to prevent an individual not
-in the business of importing a prescription drug (within the meaning of
-section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
-importing a prescription drug from Canada that complies with the
-Federal Food, Drug, and Cosmetic Act: Provided, That this section
-shall apply only to individuals transporting on their person a
-personal-use quantity of the prescription drug, not to exceed a 90-day
-supply: Provided further, That the prescription drug may not be--
-(1) a controlled substance, as defined in section 102 of
-the Controlled Substances Act (21 U.S.C. 802); or
-(2) a biological product, as defined in section 351 of the
-Public Health Service Act (42 U.S.C. 262).
-Sec. 206. (a) Notwithstanding any other provision of law, none of
-the funds provided in this or any other Act shall be used to approve a
-waiver of the navigation and vessel-inspection laws pursuant to section
-501(b) of title 46, United States Code, for the transportation of crude
-oil distributed from and to the Strategic Petroleum Reserve until the
-Secretary of Homeland Security, after consultation with the Secretaries
-of the Departments of Energy and Transportation and representatives
-from the United States flag maritime industry, takes adequate measures
-to ensure the use of United States flag vessels.
-(b) The Secretary shall notify the Committees on Appropriations of
-the House of Representatives and the Senate, the Committee on
-Transportation and Infrastructure of the House of Representatives, and
-the Committee on Commerce, Science, and Transportation of the Senate
-within two business days of any request for waivers of navigation and
-vessel-inspection laws pursuant to section 501(b) of title 46, United
-States Code, with respect to such transportation, and the disposition
-of such requests.
-Sec. 207. (a) Beginning on the date of enactment of this Act, the
-Secretary of Homeland Security shall not--
-(1) establish, collect, or otherwise impose any new border
-crossing fee on individuals crossing the Southern border or the
-Northern border at a land port of entry; or
-(2) conduct any study relating to the imposition of a
-border crossing fee.
-(b) In this section, the term ``border crossing fee'' means a fee
-that every pedestrian, cyclist, and driver and passenger of a private
-motor vehicle is required to pay for the privilege of crossing the
-Southern border or the Northern border at a land port of entry.
-Sec. 208. (a) Not later than 90 days after the date of enactment of
-this Act, the Commissioner of U.S. Customs and Border Protection shall
-submit an expenditure plan for any amounts made available for ``U.S.
-Customs and Border Protection--Procurement, Construction, and
-Improvements'' in this Act and prior Acts to the Committees on
-Appropriations of the House of Representatives and the Senate.
-(b) No such amounts provided in this Act may be obligated prior to
-the submission of such plan.
-Sec. 209. (a) Funds made available in this Act may be used to alter
-operations within the National Targeting Center of U.S. Customs and
-Border Protection.
-(b) None of the funds provided by this Act, provided by previous
-appropriations Acts that remain available for obligation or expenditure
-in fiscal year 2026, or provided from any accounts in the Treasury of
-the United States derived by the collection of fees available to the
-components funded by this Act, may be used to reduce anticipated or
-planned vetting operations at existing locations unless specifically
-authorized by a statute enacted after the date of enactment of this
-Act.
-Sec. 210. None of the funds made available for Border Security
-Assets and Infrastructure under the heading ``U.S. Customs and Border
-Protection--Procurement, Construction, and Improvements'' in this Act
-or prior appropriations Acts shall be used for the procurement or
-deployment of surveillance systems that are not autonomous, as such
-term is defined in section 90004 of Public Law 119-21.
-Sec. 211. The Secretary shall ensure that the November 30, 2021,
-policy statement from U.S. Customs and Border Protection titled
-``Policy Statement and Required Actions Regarding Pregnant, Postpartum,
-Nursing Individuals, and Infants in Custody,'' or substantively similar
-standards of treatment developed in consultation with maternal and
-pediatric health providers and experts, are in effect and are fully
-implemented to safeguard the health, safety, and rights of pregnant
-women in U.S. Customs and Border Protection custody.
-Sec. 212. None of the funds provided under the heading ``U.S.
-Immigration and Customs Enforcement--Operations and Support'' may be
-used to continue a delegation of law enforcement authority authorized
-under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
-1357(g)) if the Department of Homeland Security Inspector General
-determines that the terms of the agreement governing the delegation of
-authority have been materially violated.
-Sec. 213. (a) None of the funds provided under the heading ``U.S.
-Immigration and Customs Enforcement--Operations and Support'' may be
-used to continue any contract for the provision of detention services
-if the two most recent overall performance evaluations received by the
-contracted facility are less than ``adequate'' or the equivalent median
-score in any subsequent performance evaluation system.
-(b) The performance evaluations referenced in subsection (a) shall
-be conducted by the U.S. Immigration and Customs Enforcement Office of
-Professional Responsibility.
-Sec. 214. Without regard to the limitation as to time and
-condition of section 503(d) of this Act, the Secretary may reprogram
-within and transfer funds to ``U.S. Immigration and Customs
-Enforcement--Operations and Support'' as necessary to ensure the
-detention of aliens prioritized for removal.
-Sec. 215. The reports required to be submitted under section 216
-of the Department of Homeland Security Appropriations Act, 2021
-(division F of Public Law 116-260) shall continue to be submitted
-semimonthly and each matter required to be included in such reports by
-such section 216 shall apply in the same manner and to the same extent
-during the period described in such section 216.
-Sec. 216. The terms and conditions of sections 216 and 217 of the
-Department of Homeland Security Appropriations Act, 2020 (division D of
-Public Law 116-93) shall apply to this Act.
-Sec. 217. (a) Not later than 30 days after the date of enactment of
-this Act, the Director of U.S. Immigration and Customs Enforcement
-shall provide a briefing and submit an initial, written obligation plan
-for funding provided under the heading ``U.S. Immigration and Customs
-Enforcement'' in this or any other Act, including prior Acts, to the
-Committees on Appropriations of the House of Representatives and the
-Senate, which shall--
-(1) be delineated by month, level II program, project, and
-activity, and pay and non-pay requirements;
-(2) incorporate and delineate all funding sources available
-to U.S. Immigration and Customs Enforcement, to include
-unobligated carryover balances and fees; and
-(3) contain data-driven assumptions for major contract
-costs, projected personnel levels, and operational and policy
-considerations.
-(b) The Director of U.S. Immigration and Customs Enforcement shall
-provide monthly briefings and written updates to the plan required in
-subsection (a), which shall include, at a minimum, the following
-information as of the conclusion of the preceding month--
-(1) actual obligations and expenditures, including prior
-year;
-(2) carryover from prior year unobligated balances;
-(3) resource projections for the remainder of the fiscal
-year;
-(4) payroll projections for the remainder of the fiscal
-year, based on forecasted gains and losses;
-(5) identification of any contracts with a period of
-performance extending beyond the current fiscal year;
-(6) obligations and expenditures for specific domestic and
-international investigative mission areas, including countering
-fentanyl and child exploitation;
-(7) the rate of operations for the Custody Operations,
-Alternatives to Detention, and Transportation and Removal
-Operations programs, projects, and activities, which shall
-include a projection of the exhaustion of funds based on
-current resources and operational levels; and
-(8) the initial obligation plan as described in subsection
-(a), displayed unchanged for the purposes of comparison.
-(c) The monthly updates required by subsection (b) shall be
-submitted no later than 15 days after the beginning of the month
-following the submission of the initial obligation plan as described in
-subsection (a).
-(d)(1) For an additional amount for ``U.S. Immigration and Customs
-Enforcement--Operations and Support--Executive Leadership and
-Oversight'', $100,000, which shall be made available for Mission
-Support--Executive Leadership and Oversight on the sixteenth day of
-each month, in a total amount for the fiscal year not to exceed
-$700,000.
-(2) Beginning 30 days after the date of enactment of this Act,
-amounts in paragraph (1) shall only be made available for obligation in
-a given month if the reporting requirements set forth in subsections
-(a) and (b) of this section are provided to the Committees on
-Appropriations of the House of Representatives and the Senate within
-the timeframe required pursuant to subsections (a) and (c),
-respectively.
-Sec. 218. (a) Not later than 90 days after the date of enactment of
-this Act, the Director of U.S. Immigration and Customs Enforcement
-shall submit to the Committees on Appropriations of the House of
-Representatives and the Senate a written execution plan for the funding
-provided by Public Law 119-21 for detention facilities, to include the
-following elements:
-(1) the location, number of beds, and estimated cost per
-bed of each detention facility utilized by or on behalf of U.S.
-Immigration and Customs Enforcement in the preceding quarter;
-(2) the location, number of beds, and estimated cost per
-bed of each detention facility projected to be utilized by or
-on behalf of U.S. Immigration and Customs Enforcement in the
-subsequent quarter;
-(3) the total number of beds projected to be utilized by or
-on behalf of U.S. Immigration and Customs Enforcement through
-the end of the fiscal year;
-(4) any associated increase or decrease in transportation
-and removal operations cost estimates associated with
-paragraphs (1), (2), and (3) of this section, to include
-removal flights; and
-(5) a general overview of the desired geographic end-state
-for detention facilities, any new operational models or
-strategies related to detention capacity that will be utilized,
-and a comparison of current detention capacity against
-projected end-state capacity.
-(b)(1) Subsequent to the submission of the written execution plan
-provided in subsection (a), the Director of U.S. Immigration and
-Customs Enforcement shall provide to the Committees on Appropriations
-of the House of Representatives and the Senate a briefing and written
-update to such execution plan not later than 30 days following the end
-of each fiscal quarter; and
-(2) each briefing and written update described in paragraph
-(1) shall include a review of the execution of funds for the
-most recently completed quarter, a comparison of the actual
-execution of funds in relation to the planned execution of
-funds, and any remedial actions taken in the case of a failure
-to execute funding in accordance with the initial execution
-plan as described in subsection (a); and
-(c) The initial execution plan described in subsection (a) shall be
-displayed unchanged for purposes of comparison in the briefings and
-written updates described in subsection (b).
-Sec. 219. (a) None of the funds made available by this Act or any
-other Act may be used to reduce the presence of U.S. Immigration and
-Customs Enforcement attaches or liaisons at international U.S.
-embassies or consulates for the purposes of international
-investigations or partnerships with foreign law enforcement.
-(b) Subsection (a) shall not apply to a reduction of presence in a
-specific country if--
-(1) the Secretary of Homeland Security, in collaboration
-with the Secretary of State, provides a written explanation of
-how maintaining a collaborative investigatory presence in a
-specific country undermines U.S. foreign policy interests in
-that country to the Committees on Appropriations of the House
-of Representatives and the Senate; or
-(2) a country requests the cessation of collaborative law
-enforcement activities performed by the attache or liaison
-stationed at the embassy or consulate to their country.
-Sec. 220. (a) Members of the United States House of Representatives
-and the United States Senate, including the leadership; the heads of
-Federal agencies and commissions, including the Secretary, Deputy
-Secretary, Under Secretaries, and Assistant Secretaries of the
-Department of Homeland Security; the United States Attorney General,
-Deputy Attorney General, Assistant Attorneys General, and the United
-States Attorneys; and senior members of the Executive Office of the
-President, including the Director of the Office of Management and
-Budget, shall not be exempt from Federal passenger and baggage
-screening.
-(b) None of the funds made available in this or any other Act,
-including prior Acts, or provided from any accounts in the Treasury of
-the United States derived by the collection of fees available to the
-components funded by this Act may be used to carry out legislation
-altering the applicability of the screening requirements outlined in
-subsection (a).
-Sec. 221. Notwithstanding section 44923 of title 49, United States
-Code, for fiscal year 2026, any funds in the Aviation Security Capital
-Fund established by section 44923(h) of title 49, United States Code,
-may be used for the procurement and installation of explosives
-detection systems or for the issuance of other transaction agreements
-for the purpose of funding projects described in section 44923(a) of
-such title.
-Sec. 222. Not later than 45 days after the submission of the
-President's budget proposal, the Administrator of the Transportation
-Security Administration shall submit to the Committees on
-Appropriations and Homeland Security of the House of Representatives
-and the Committees on Appropriations and Commerce, Science, and
-Transportation of the Senate a single report that fulfills the
-following requirements:
-(1) a Capital Investment Plan, both constrained and
-unconstrained, that includes a plan for continuous and
-sustained capital investment in new, and the replacement of
-aged, transportation security equipment;
-(2) the 5-year technology investment plan as required by
-section 1611 of title XVI of the Homeland Security Act of 2002,
-as amended by section 3 of the Transportation Security
-Acquisition Reform Act (Public Law 113-245); and
-(3) the Advanced Integrated Passenger Screening
-Technologies report as required by the Senate Report
-accompanying the Department of Homeland Security Appropriations
-Act, 2019 (Senate Report 115-283).
-Sec. 223. Section 515(b) of Public Law 108-334 (49 U.S.C. 44945
-note) is amended by striking ``report'' each place it appears
-(including in the subsection heading) and inserting ``briefing'' and by
-striking ``transmit to'' and inserting ``provide''.
-Sec. 224. (a) None of the funds made available by this Act under
-the heading ``Coast Guard--Operations and Support'' shall be for
-expenses incurred for recreational vessels under section 12114 of title
-46, United States Code, except to the extent fees are collected from
-owners of yachts and credited to the appropriation made available by
-this Act under the heading ``Coast Guard--Operations and Support''.
-(b) To the extent such fees are insufficient to pay expenses of
-recreational vessel documentation under such section 12114, and there
-is a backlog of recreational vessel applications, personnel performing
-non-recreational vessel documentation functions under subchapter II of
-chapter 121 of title 46, United States Code, may perform documentation
-under section 12114.
-Sec. 225. Notwithstanding any other provision of law, the
-Commandant of the Coast Guard shall submit to the Committees on
-Appropriations of the House of Representatives and the Senate a future-
-years capital investment plan as described in the second proviso under
-the heading ``Coast Guard--Acquisition, Construction, and
-Improvements'' in the Department of Homeland Security Appropriations
-Act, 2015 (Public Law 114-4), which shall be subject to the
-requirements in the third and fourth provisos under such heading.
-Sec. 226. None of the funds in this Act shall be used to reduce
-the Coast Guard's legacy Operations Systems Center mission or its
-government-employed or contract staff levels.
-Sec. 227. None of the funds appropriated by this Act may be used
-to conduct, or to implement the results of, a competition under Office
-of Management and Budget Circular A-76 for activities performed with
-respect to the Coast Guard National Vessel Documentation Center.
-Sec. 228. Funds made available in this Act may be used to alter
-operations within the Civil Engineering Program of the Coast Guard
-nationwide, including civil engineering units, facilities design and
-construction centers, maintenance and logistics commands, and the Coast
-Guard Academy, except that none of the funds provided in this Act may
-be used to reduce operations within any civil engineering unit unless
-specifically authorized by a statute enacted after the date of
-enactment of this Act.
-Sec. 229. Amounts deposited into the Coast Guard Housing Fund in
-fiscal year 2026 shall be available until expended to carry out the
-purposes of section 2946 of title 14, United States Code, and shall be
-in addition to funds otherwise available for such purposes.
-Sec. 230. (a) For an additional amount for ``Coast Guard--
-Procurement, Construction, and Improvements'', $98,000,000, to remain
-available until September 30, 2030, for the procurement and acquisition
-of MQ-9 aircraft and associated base stations, equipment related to
-such aircraft and associated base stations, and program management for
-such aircraft and base stations.
-(b) None of the funds made available for the Department of Homeland
-Security in this or any prior Act may be used to procure or acquire
-long-range unmanned aircraft with kinetic capabilities or to equip any
-long-range unmanned aircraft with kinetic capabilities.
-Sec. 231. None of the funds made available to the United States
-Coast Guard by this Act may be available for implementation of Force
-Design 2028 until the Coast Guard provides the Committees on
-Appropriations of the House of Representatives and the Senate detailed
-briefings on the initiatives of organization, people, technology, and
-contracting and acquisitions.
-Sec. 232. The United States Secret Service is authorized to
-obligate funds in anticipation of reimbursements from executive
-agencies, as defined in section 105 of title 5, United States Code, for
-personnel receiving training sponsored by the James J. Rowley Training
-Center, except that total obligations at the end of the fiscal year
-shall not exceed total budgetary resources available under the heading
-``United States Secret Service--Operations and Support'' at the end of
-the fiscal year.
-Sec. 233. (a) None of the funds made available to the United States
-Secret Service by this Act or by previous appropriations Acts may be
-made available for the protection of the head of a Federal agency other
-than the Secretary of Homeland Security.
-(b) The Director of the United States Secret Service may enter into
-agreements to provide such protection on a fully reimbursable basis.
-Sec. 234. For purposes of section 503(a)(3) of this Act, up to
-$15,000,000 may be reprogrammed within ``United States Secret Service--
-Operations and Support''.
-Sec. 235. Funding made available in this Act for ``United States
-Secret Service--Operations and Support'' is available for travel of
-United States Secret Service employees on protective missions without
-regard to the limitations on such expenditures in this or any other Act
-if the Director of the United States Secret Service or a designee
-notifies the Committees on Appropriations of the House of
-Representatives and the Senate 10 or more days in advance, or as early
-as practicable, prior to such expenditures.
-Sec. 236. Of the amounts made available by this Act under the
-heading ``United States Secret Service--Operations and Support'',
-$2,000,000, to remain available until expended, shall be distributed as
-a grant or cooperative agreement for existing National Computer
-Forensics Institute facilities currently used by the United States
-Secret Service to carry out activities under section 383 of title 6,
-United States Code.
-Sec. 237. (a) Section 118 of the Treasury and General Government
-Appropriations Act, 2001 (5 U.S.C. 5547 note) is amended, in the first
-sentence, by inserting ``(or, for 2024, to the extent that such
-aggregate amount would exceed the per annum rate of salary payable
-under section 104 of title 3, United States Code)'' before the period
-at the end.
-(b) Subsection (a) shall take effect as if enacted on December 31,
-2023.
-(c) Not later than 180 days after the date of enactment of this
-Act, and annually thereafter through 2028, the Director shall submit to
-the Committee on Appropriations of the House of Representatives and the
-Senate; the Committee on Homeland Security, the Committee on Oversight
-and Accountability, and the Committee on the Judiciary of the House of
-Representatives; and the Committee on Homeland Security and
-Governmental Affairs, and the Committee on the Judiciary of the Senate
-of Congress a report describing the steps that the United States Secret
-Service is taking to address the increased protective service demands
-placed upon United States Secret Service personnel.
-(d) Each report required under subparagraph (c) shall include the
-following:
-(1) An analysis of the current (as of the date on which the
-report is submitted) operational demands and staffing levels
-with respect to the United States Secret Service.
-(2) Recommended strategies for reducing overtime
-requirements for United States Secret Service personnel,
-including--
-
-(i) the appointment of additional
-personnel;
-(ii) solutions such that sufficient
-resources are available throughout each year
-without the need for exceptions to, or waivers
-of, premium pay limitations;
-(iii) the redistribution of workload among
-United States Secret Service personnel; and
-(iv) other improvements in operational
-efficiency with respect to the United States
-Secret Service.
-(e) Within the reports required under paragraphs (3) and (4) of
-section 2(c) of the Overtime Pay for Protective Services Act of 2023
-(Public Law 118-38; 138 Stat. 13) that are submitted after the date of
-enactment of this Act, the Director shall include information about--
-(1) the average number of overtime hours and range of
-number of overtime hours completed by United States Secret
-Service personnel receiving premium pay above the pay
-limitation in subsection (a) of section 5547 of title 5, United
-States Code; and
-(2) the average number of overtime hours and range of
-number of overtime hours completed by United States Secret
-Service personnel who are not fully compensated for their
-overtime because their premium pay would be above the pay
-limitation in section 2 of the Overtime Pay Protection Act of
-2016 (5 U.S.C. 5547 note).
-(f) The matter preceding the first proviso under the heading
-``United States Secret Service--Operations and Support'' in division C
-of Public Law 118-47 shall be applied to funds appropriated by this Act
-by substituting ``$40,000,000'' for ``$24,000,000'' and substituting
-``2024'' for ``2023''.
-Sec. 238. Section 211 of the Department of Homeland Security
-Appropriations Act, 2021 (division F of Public Law 116-260),
-prohibiting the use of funds for the construction of fencing in certain
-areas, shall apply with respect to funds made available in this Act in
-the same manner as such section applied to funds made available in that
-Act.
-
-TITLE III
-
-PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
-
-Cybersecurity and Infrastructure Security Agency
-
-operations and support
-
-For necessary expenses of the Cybersecurity and Infrastructure
-Security Agency for operations and support, $2,218,634,000, which shall
-be for the purposes and in the amounts specified in the ``Final Bill''
-column for Cybersecurity and Infrastructure Security Agency, Operations
-and Support in the ``Department of Homeland Security Appropriations
-Act, 2026'' table in the explanatory statement described in section 4
-(in the matter preceding division A of this consolidated Act), of which
-amounts made available for Risk Management Operations, National
-Infrastructure Simulation Analysis Center shall remain available until
-September 30, 2027: Provided, That not to exceed $3,825 shall be for
-official reception and representation expenses.
-
-procurement, construction, and improvements
-
-For necessary expenses of the Cybersecurity and Infrastructure
-Security Agency for procurement, construction, and improvements,
-$386,464,000, to remain available until September 30, 2028.
-
-Federal Emergency Management Agency
-
-operations and support
-
-For necessary expenses of the Federal Emergency Management Agency
-for operations and support, $1,667,038,000: Provided, That not less
-than $3,000,000 shall be for the Emergency Management Assistance
-Compact: Provided further, That not to exceed $2,250 shall be for
-official reception and representation expenses.
-
-procurement, construction, and improvements
-
-For necessary expenses of the Federal Emergency Management Agency
-for procurement, construction, and improvements, $156,419,000, of which
-$92,794,000 shall remain available until September 30, 2028, and of
-which $63,625,000 shall remain available until September 30, 2030.
-
-federal assistance
-
-For activities of the Federal Emergency Management Agency for
-Federal assistance through grants, contracts, cooperative agreements,
-and other activities, $3,836,748,513, which shall be allocated as
-follows:
-(1) $494,000,000 for the State Homeland Security Grant
-Program under section 2004 of the Homeland Security Act of 2002
-(6 U.S.C. 605), of which $85,500,000 shall be for Operation
-Stonegarden and $14,250,000 shall be for Tribal Homeland
-Security Grants under section 2005 of the Homeland Security Act
-of 2002 (6 U.S.C. 606): Provided, That notwithstanding
-subsection (c)(4) of such section 2004, for fiscal year 2026,
-the Commonwealth of Puerto Rico shall make available to local
-and tribal governments amounts provided to the Commonwealth of
-Puerto Rico under this paragraph in accordance with subsection
-(c)(1) of such section 2004.
-(2) $584,250,000 for the Urban Area Security Initiative
-under section 2003 of the Homeland Security Act of 2002 (6
-U.S.C. 604).
-(3) $300,000,000 for the Nonprofit Security Grant Program
-under section 2009 of the Homeland Security Act of 2002 (6
-U.S.C. 609a), of which $150,000,000 is for eligible recipients
-located in high-risk urban areas that receive funding under
-section 2003 of such Act and $150,000,000 is for eligible
-recipients that are located outside such areas: Provided, That
-eligible recipients are those described in section 2009(b) of
-such Act (6 U.S.C. 609a(b)) or are an otherwise eligible
-recipient at risk of a terrorist or other extremist attack.
-(4) $99,750,000 for Public Transportation Security
-Assistance, Railroad Security Assistance, and Over-the-Road Bus
-Security Assistance under sections 1406, 1513, and 1532 of the
-Implementing Recommendations of the 9/11 Commission Act of 2007
-(6 U.S.C. 1135, 1163, and 1182), of which $9,500,000 shall be
-for Amtrak security and $1,900,000 shall be for Over-the-Road
-Bus Security: Provided, That such public transportation
-security assistance shall be provided directly to public
-transportation agencies.
-(5) $95,000,000 for Port Security Grants in accordance with
-section 70107 of title 46, United States Code.
-(6) $684,000,000, to remain available until September 30,
-2027, of which $342,000,000 shall be for Assistance to
-Firefighter Grants and $342,000,000 shall be for Staffing for
-Adequate Fire and Emergency Response Grants under sections 33
-and 34 respectively of the Federal Fire Prevention and Control
-Act of 1974 (15 U.S.C. 2229 and 2229a).
-(7) $337,250,000 for emergency management performance
-grants under the National Flood Insurance Act of 1968 (42
-U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
-and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
-Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
-title 6, United States Code, and Reorganization Plan No. 3 of
-1978 (5 U.S.C. App.).
-(8) $297,113,000 for necessary expenses for Flood Hazard
-Mapping and Risk Analysis, in addition to and to supplement any
-other sums appropriated under the National Flood Insurance
-Fund, and such additional sums as may be provided by States or
-other political subdivisions for cost-shared mapping activities
-under section 1360(f)(2) of the National Flood Insurance Act of
-1968 (42 U.S.C. 4101(f)(2)), to remain available until
-expended.
-(9) $11,400,000 for Regional Catastrophic Preparedness
-Grants.
-(10) $11,400,000 for Rehabilitation of High Hazard
-Potential Dams under section 8A of the National Dam Safety
-Program Act (33 U.S.C. 467f-2).
-(11) $123,500,000 for the emergency food and shelter
-program under title III of the McKinney-Vento Homeless
-Assistance Act (42 U.S.C. 11331), to remain available until
-September 30, 2027: Provided, That not to exceed 3.5 percent
-shall be for total administrative costs.
-(12) $48,000,000 for the Next Generation Warning System.
-(13) $272,671,513 for Community Project Funding and
-Congressionally Directed Spending grants, which shall be for
-the purposes, and the amounts, specified in the table entitled
-``Homeland Security--Community Project Funding/Congressionally
-Directed Spending'' under the ``Disclosure of Earmarks and
-Congressionally Directed Spending Items'' heading in the
-explanatory statement described in section 4 (in the matter
-preceding division A of this consolidated Act), of which--
-(A) $82,957,854, in addition to amounts otherwise
-made available for such purpose, is for emergency
-operations center grants under section 614 of the
-Robert T. Stafford Disaster Relief and Emergency
-Assistance Act (42 U.S.C. 5196c); and
-(B) $189,713,659, in addition to amounts otherwise
-made available for such purpose, is for pre-disaster
-mitigation grants under section 203 of the Robert T.
-Stafford Disaster Relief and Emergency Assistance Act
-(42 U.S.C. 5133(e)), notwithstanding subsections (f),
-(g), and (l) of that section (42 U.S.C. 5133(f), (g),
-(l)).
-(14) $478,414,000 to sustain current operations for
-training, exercises, technical assistance, and other programs,
-of which--
-(A) $85,711,000 is for the Center for Domestic
-Preparedness;
-(B) $17,100,000 is for the Center for Homeland
-Defense and Security;
-(C) $33,366,000 is for the Emergency Management
-Institute;
-(D) $72,140,000 is for the United States Fire
-Administration;
-(E) $95,950,000 is for the National Domestic
-Preparedness Consortium;
-(F) $15,200,000 is for Continuing Training Grants;
-(G) $21,266,000 is for the National Exercise
-Program;
-(H) $83,657,000 is for the Biological Support
-Program;
-(I) $34,465,000 is for the Securing the Cities
-Program; and
-(J) $19,559,000 is for Countering Weapons of Mass
-Destruction Training, Exercises, and Readiness.
-
-disaster relief fund
-
-For necessary expenses in carrying out the Robert T. Stafford
-Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
-$26,367,000,000, to remain available until expended: Provided, That
-such amount 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.) and is designated by the Congress as being for
-disaster relief pursuant to a concurrent resolution on the budget.
-
-national flood insurance fund
-
-For activities under the National Flood Insurance Act of 1968 (42
-U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
-U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
-2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
-Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
-1020), $226,000,000, to remain available until September 30, 2027,
-which shall be derived from offsetting amounts collected under section
-1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
-4015(d)); of which $16,302,000 shall be available for mission support
-associated with flood management; and of which $209,698,000 shall be
-available for flood plain management and flood mapping: Provided, That
-any additional fees collected pursuant to section 1308(d) of the
-National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
-credited as offsetting collections to this account, to be available for
-flood plain management and flood mapping: Provided further, That in
-fiscal year 2026, no funds shall be available from the National Flood
-Insurance Fund under section 1310 of the National Flood Insurance Act
-of 1968 (42 U.S.C. 4017) in excess of--
-(1) $230,669,000 for operating expenses and salaries and
-expenses associated with flood insurance operations;
-(2) $1,505,000,000 for commissions and taxes of agents;
-(3) such sums as are necessary for interest on Treasury
-borrowings; and
-(4) $175,000,000, which shall remain available until
-expended, for flood mitigation actions and for flood mitigation
-assistance under section 1366 of the National Flood Insurance
-Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
-and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
-Provided further, That the amounts collected under section 102 of the
-Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
-1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
-4104c(e)), shall be deposited in the National Flood Insurance Fund to
-supplement other amounts specified as available for section 1366 of the
-National Flood Insurance Act of 1968, notwithstanding section
-102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
-and paragraphs (1) through (3) of section 1367(b) of such Act (42
-U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
-total administrative costs shall not exceed 4 percent of the total
-appropriation: Provided further, That up to $4,000,000 is available to
-carry out section 24 of the Homeowner Flood Insurance Affordability Act
-of 2014 (42 U.S.C. 4033).
-
-Administrative Provisions
-
-(including transfers of funds)
-
-Sec. 301. Funds made available under the heading ``Cybersecurity
-and Infrastructure Security Agency--Operations and Support'' may be
-made available for the necessary expenses of procuring or providing
-access to cybersecurity threat feeds for branches, agencies,
-independent agencies, corporations, establishments, and
-instrumentalities of the Federal Government of the United States,
-State, local, tribal, and territorial entities, fusion centers as
-described in section 210A of the Homeland Security Act (6 U.S.C. 124h),
-and Information Sharing and Analysis Organizations.
-Sec. 302. (a) Notwithstanding section 2008(a)(12) of the Homeland
-Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
-law, not more than 5 percent of the amount of a grant made available in
-paragraphs (1) through (5) under ``Federal Emergency Management
-Agency--Federal Assistance'', may be used by the recipient for expenses
-directly related to administration of the grant.
-(b) The authority provided in subsection (a) shall also apply to a
-state recipient for the administration of a grant under such paragraph
-(3).
-Sec. 303. (a) Applications for grants under the heading ``Federal
-Emergency Management Agency--Federal Assistance'', for paragraphs (1)
-through (5), shall be made available to eligible applicants not later
-than 60 days after the date of enactment of this Act, eligible
-applicants shall submit applications not later than 80 days after the
-grant announcement, and the Administrator of the Federal Emergency
-Management Agency shall act within 65 days after the receipt of an
-application.
-(b) Amounts appropriated by this Act for ``Federal Emergency
-Management Agency--Operations and Support'' shall be reduced by
-$100,000 for each day past the 60-day requirement that applications are
-not made available to eligible applicants as required in subsection
-(a), and the amount made available under such heading and specified in
-the ``Department of Homeland Security Appropriations Act, 2026'' table
-in the explanatory statement described in section 4 (in the matter
-preceding division A of this Consolidated Act) for Mission Support
-shall be correspondingly reduced by an equivalent amount.
-Sec. 304. (a) Under the heading ``Federal Emergency Management
-Agency--Federal Assistance'', for grants under paragraphs (1) through
-(5), (9), and (10) the Administrator of the Federal Emergency
-Management Agency shall brief the Committees on Appropriations of the
-House of Representatives and the Senate five full business days in
-advance of announcing publicly the intention of making an award.
-(b) If any such public announcement is made before five full
-business days have elapsed following such briefing, $1,000,000 of
-amounts appropriated by this Act for ``Federal Emergency Management
-Agency--Operations and Support'' shall be rescinded, and the amount
-made available under such heading and specified in the ``Department of
-Homeland Security Appropriations Act, 2026'' table in the explanatory
-statement described in section 4 (in the matter preceding division A of
-this Consolidated Act) for Mission Support shall be correspondingly
-reduced by an equivalent amount.
-Sec. 305. Under the heading ``Federal Emergency Management
-Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
-the installation of communications towers is not considered
-construction of a building or other physical facility.
-Sec. 306. The reporting requirements in paragraphs (1) and (2)
-under the heading ``Federal Emergency Management Agency--Disaster
-Relief Fund'' in the Department of Homeland Security Appropriations
-Act, 2015 (Public Law 114-4), related to reporting on the Disaster
-Relief Fund, shall be applied in fiscal year 2026 with respect to
-budget year 2027 and current fiscal year 2026, respectively--
-(1) in paragraph (1) by substituting ``fiscal year 2027''
-for ``fiscal year 2016''; and
-(2) in paragraph (2) by inserting ``business'' after
-``fifth''.
-Sec. 307. In making grants under the heading ``Federal Emergency
-Management Agency--Federal Assistance'', for Staffing for Adequate Fire
-and Emergency Response grants, the Administrator of the Federal
-Emergency Management Agency may grant waivers from the requirements in
-subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
-of section 34 of the Federal Fire Prevention and Control Act of 1974
-(15 U.S.C. 2229a).
-Sec. 308. (a) The aggregate charges assessed during fiscal year
-2026, as authorized in title III of the Departments of Veterans Affairs
-and Housing and Urban Development, and Independent Agencies
-Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
-percent of the amounts anticipated by the Department of Homeland
-Security to be necessary for its Radiological Emergency Preparedness
-Program for the next fiscal year.
-(b) The methodology for assessment and collection of fees shall be
-fair and equitable and shall reflect costs of providing such services,
-including administrative costs of collecting such fees.
-(c) Such fees shall be deposited in a Radiological Emergency
-Preparedness Program account as offsetting collections and will become
-available for authorized purposes on October 1, 2026, and remain
-available until expended.
-Sec. 309. In making grants under the heading ``Federal Emergency
-Management Agency--Federal Assistance'', for Assistance to Firefighter
-Grants, the Administrator of the Federal Emergency Management Agency
-may waive subsection (k) of section 33 of the Federal Fire Prevention
-and Control Act of 1974 (15 U.S.C. 2229).
-Sec. 310. Any unobligated balances of funds appropriated in any
-prior Act for activities funded by the National Predisaster Mitigation
-Fund under section 203 of the Robert T. Stafford Disaster Relief and
-Emergency Assistance Act (42 U.S.C. 5133), as in effect on the day
-before the date of enactment of section 1234 of division D of Public
-Law 115-254, shall be transferred to and merged with funds set aside
-pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford
-Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in
-effect on the date of the enactment of this section.
-Sec. 311. Any unobligated balances of funds appropriated under the
-heading ``Federal Emergency Management Agency--Flood Hazard Mapping and
-Risk Analysis Program'' in any prior Act shall be transferred to and
-merged with funds appropriated under the heading ``Federal Emergency
-Management Agency--Federal Assistance'' for necessary expenses for
-Flood Hazard Mapping and Risk Analysis: Provided, That funds
-transferred pursuant to this section shall be in addition to and
-supplement any other sums appropriated for such purposes under the
-National Flood Insurance Fund and such additional sums as may be
-provided by States or other political subdivisions for cost-shared
-mapping activities under section 1360(f)(2) of the National Flood
-Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available until
-expended.
-Sec. 312. Each award for grants under the heading ``Federal
-Emergency Management Agency--Federal Assistance'' for paragraphs (1)
-through (10) and (12), shall have a period of performance, as defined
-by 2 CFR 200.1, that shall be of not less than three years and not more
-than five years.
-Sec. 313. (a) The Administrator of the Federal Emergency Management
-Agency shall post an interactive dashboard on the public-facing website
-of the Federal Emergency Management Agency with any request for
-reimbursement for a covered expense, delineated by state and any amount
-for individual assistance or public assistance related to emergency (42
-U.S.C. 5122(1)) or major disaster (42 U.S.C. 5122(2)) declarations
-under the Robert T. Stafford Disaster Relief and Emergency Assistance
-Act (42 U.S.C. 5121 et seq.)--
-(1) not more than 90 days after such information has been
-received by the Federal Emergency Management Agency; and
-(2) not more than 60 days after such information is under
-final review by the Department of Homeland Security.
-(b) The information in the interactive dashboard referenced in
-subsection (a) shall include at a minimum the information listed in
-subparagraphs (1) through (7) under the heading in the paragraph titled
-``Public and Individual Assistance'' in the explanatory statement
-described in section 4 (in the matter preceding division A of this
-consolidated Act).
-Sec. 314. (a) None of the funds appropriated in this Act may be
-used to pause a training or grant funded under the heading ``Federal
-Emergency Management Agency--Federal Assistance''.
-(b) Subsection (a) shall not apply if the Secretary of Homeland
-Security notifies the Committees on Appropriations of the House of
-Representatives and the Senate not more than 10 business days in
-advance of the pause.
-(c) The notification required by subsection (b) shall include an
-explanation for the pause, plans to make up any missed classes
-resulting from the pause, and the budgetary impact of any paused
-training.
-(d) The Secretary may waive the requirement in subsection (b) in
-the event of extraordinary circumstances that imminently threaten the
-safety of human life or the protection of property.
-
-TITLE IV
-
-RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
-
-U.S. Citizenship and Immigration Services
-
-operations and support
-
-For necessary expenses of U.S. Citizenship and Immigration Services
-for operations and support, including for the E-Verify Program,
-$122,941,000: Provided, That such amounts shall be in addition to any
-other amounts made available for such purposes, and shall not be
-construed to require any reduction of any fee described in section
-286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
-Provided further, That not to exceed $5,000 shall be for official
-reception and representation expenses.
-
-Federal Law Enforcement Training Centers
-
-operations and support
-
-For necessary expenses of the Federal Law Enforcement Training
-Centers for operations and support, including the purchase of not to
-exceed 117 vehicles for police-type use and hire of passenger motor
-vehicles, and services as authorized by section 3109 of title 5, United
-States Code, $379,837,000, of which $75,551,000 shall remain available
-until September 30, 2027: Provided, That not to exceed $7,180 shall be
-for official reception and representation expenses.
-
-procurement, construction, and improvements
-
-For necessary expenses of the Federal Law Enforcement Training
-Centers for procurement, construction, and improvements, $18,300,000,
-to remain available until September 30, 2030, for acquisition of
-necessary additional real property and facilities, construction and
-ongoing maintenance, facility improvements, and related expenses of the
-Federal Law Enforcement Training Centers.
-
-Science and Technology Directorate
-
-operations and support
-
-For necessary expenses of the Science and Technology Directorate
-for operations and support, including the purchase or lease of not to
-exceed 5 vehicles, $352,802,000, of which $201,183,000 shall remain
-available until September 30, 2027: Provided, That not to exceed
-$10,000 shall be for official reception and representation expenses.
-
-procurement, construction, and improvements
-
-For necessary expenses of the Science and Technology Directorate
-for procurement, construction, and improvements, $51,500,000, to remain
-available until September 30, 2030.
-
-research and development
-
-For necessary expenses of the Science and Technology Directorate
-for research and development, $426,904,000, to remain available until
-September 30, 2028.
-
-Administrative Provisions
-
-Sec. 401. (a) Notwithstanding any other provision of law, funds
-otherwise made available to U.S. Citizenship and Immigration Services
-may be used to acquire, operate, equip, and dispose of up to 5
-vehicles, for replacement only, for areas where the Administrator of
-General Services does not provide vehicles for lease.
-(b) The Director of U.S. Citizenship and Immigration Services may
-authorize employees who are assigned to those areas to use such
-vehicles to travel between the employees' residences and places of
-employment.
-Sec. 402. None of the funds appropriated by this Act may be used
-to process or approve a competition under Office of Management and
-Budget Circular A-76 for services provided by employees (including
-employees serving on a temporary or term basis) of U.S. Citizenship and
-Immigration Services of the Department of Homeland Security who are
-known as Immigration Information Officers, Immigration Service
-Analysts, Contact Representatives, Investigative Assistants, or
-Immigration Services Officers.
-Sec. 403. Notwithstanding any other provision of law, any Federal
-funds made available to U.S. Citizenship and Immigration Services may
-be used for the collection and use of biometrics taken at a U.S.
-Citizenship and Immigration Services Application Support Center that is
-overseen virtually by U.S. Citizenship and Immigration Services
-personnel using appropriate technology.
-Sec. 404. The Director of the Federal Law Enforcement Training
-Centers is authorized to distribute funds to Federal law enforcement
-agencies for expenses incurred participating in training accreditation.
-Sec. 405. The Federal Law Enforcement Training Accreditation
-Board, including representatives from the Federal law enforcement
-community and non-Federal accreditation experts involved in law
-enforcement training, shall lead the Federal law enforcement training
-accreditation process to continue the implementation of measuring and
-assessing the quality and effectiveness of Federal law enforcement
-training programs, facilities, and instructors.
-Sec. 406. (a) The Director of the Federal Law Enforcement Training
-Centers may accept transfers to its ``Procurement, Construction, and
-Improvements'' account from Government agencies requesting the
-construction of special use facilities, as authorized by the Economy
-Act (31 U.S.C. 1535(b)).
-(b) The Federal Law Enforcement Training Centers shall maintain
-administrative control and ownership upon completion of such
-facilities.
-Sec. 407. The functions of the Federal Law Enforcement Training
-Centers instructor staff shall be classified as inherently governmental
-for purposes of the Federal Activities Inventory Reform Act of 1998 (31
-U.S.C. 501 note).
-
-TITLE V
-
-GENERAL PROVISIONS
-
-(including transfers and rescissions of funds)
-
-Sec. 501. No part of any appropriation contained in this Act shall
-remain available for obligation beyond the current fiscal year unless
-expressly so provided herein.
-Sec. 502. Subject to the requirements of section 503 of this Act,
-the unexpended balances of prior appropriations provided for activities
-in this Act may be transferred to appropriation accounts for such
-activities established pursuant to this Act, may be merged with funds
-in the applicable established accounts, and thereafter may be accounted
-for as one fund for the same time period as originally enacted.
-Sec. 503. (a) None of the funds provided by this Act, provided by
-previous appropriations Acts to the components in or transferred to the
-Department of Homeland Security that remain available for obligation or
-expenditure in fiscal year 2026, or provided from any accounts in the
-Treasury of the United States derived by the collection of fees
-available to the components funded by this Act, shall be available for
-obligation or expenditure through a reprogramming of funds that--
-(1) creates or eliminates a program, project, or activity,
-or increases funds for any program, project, or activity for
-which funds have been denied or restricted by the Congress;
-(2) contracts out any function or activity presently
-performed by Federal employees or any new function or activity
-proposed to be performed by Federal employees in the
-President's budget proposal for fiscal year 2026 for the
-Department of Homeland Security;
-(3) augments funding for existing programs, projects, or
-activities in excess of $5,000,000 or 10 percent, whichever is
-less;
-(4) reduces funding for any program, project, or activity,
-or numbers of personnel, by 10 percent or more; or
-(5) results from any general savings from a reduction in
-personnel that would result in a change in funding levels for
-programs, projects, or activities as approved by the Congress.
-(b) Subsection (a) shall not apply if the Committees on
-Appropriations of the House of Representatives and the Senate are
-notified at least 30 days in advance of such reprogramming.
-(c) Up to 5 percent of any appropriation made available for the
-current fiscal year for the Department of Homeland Security by this Act
-or provided by previous appropriations Acts may be transferred between
-such appropriations if the Committees on Appropriations of the House of
-Representatives and the Senate are notified at least 30 days in advance
-of such transfer, but no such appropriation, except as otherwise
-specifically provided, shall be increased by more than 10 percent by
-such transfer.
-(d) Notwithstanding subsections (a), (b), and (c), no funds shall
-be reprogrammed within or transferred between appropriations--
-(1) based upon an initial notification provided after June
-15, except in extraordinary circumstances that imminently
-threaten the safety of human life or the protection of
-property;
-(2) to increase or decrease funding for grant programs; or
-(3) to create a program, project, or activity pursuant to
-subsection (a)(1), including any new function or requirement
-within any program, project, or activity, not approved by
-Congress in the consideration of the enactment of this Act.
-(e) The notification thresholds and procedures set forth in
-subsections (a), (b), (c), and (d) shall apply to any use of
-deobligated balances of funds provided in previous Department of
-Homeland Security Appropriations Acts that remain available for
-obligation in the current year.
-(f) Notwithstanding subsection (c), the Secretary of Homeland
-Security may transfer to the fund established by 8 U.S.C. 1101 note, up
-to $20,000,000 from appropriations available to the Department of
-Homeland Security: Provided, That the Secretary shall notify the
-Committees on Appropriations of the House of Representatives and the
-Senate at least 5 days in advance of such transfer.
-Sec. 504. (a) Section 504 of the Department of Homeland Security
-Appropriations Act, 2017 (division F of Public Law 115-31), related to
-the operations of a working capital fund, shall apply with respect to
-funds made available in this Act in the same manner as such section
-applied to funds made available in that Act.
-(b) Funds from such working capital fund may be obligated and
-expended in anticipation of reimbursements from components of the
-Department of Homeland Security.
-Sec. 505. (a) Except as otherwise specifically provided by law, not
-to exceed 50 percent of unobligated balances remaining available at the
-end of fiscal year 2026, as recorded in the financial records at the
-time of a reprogramming notification, but not later than June 15, 2027,
-from appropriations for ``Operations and Support'' for fiscal year 2026
-in this Act shall remain available through September 30, 2027, in the
-account and for the purposes for which the appropriations were
-provided.
-(b) Prior to the obligation of such funds, a notification shall be
-submitted to the Committees on Appropriations of the House of
-Representatives and the Senate in accordance with section 503 of this
-Act.
-Sec. 506. (a) Funds made available by this Act for intelligence
-activities are deemed to be specifically authorized by the Congress for
-purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
-414) during fiscal year 2026 until the enactment of an Act authorizing
-intelligence activities for fiscal year 2026.
-(b) Amounts described in subsection (a) made available for
-``Intelligence, Analysis, and Situational Awareness--Operations and
-Support'' that exceed the amounts in such authorization for such
-account shall be transferred to and merged with amounts made available
-under the heading ``Management Directorate--Operations and Support''.
-(c) Prior to the obligation of any funds transferred under
-subsection (b), the Undersecretary for Management shall brief the
-Committees on Appropriations of the House of Representatives and the
-Senate on a plan for the use of such funds.
-Sec. 507. (a) The Secretary of Homeland Security, or the designee
-of the Secretary, shall notify the Committees on Appropriations of the
-House of Representatives and the Senate at least three full business
-days in advance of--
-(1) making or awarding a grant allocation or grant in
-excess of $1,000,000 or a grant made from the Disaster Relief
-Fund in excess of $100,000;
-(2) making or awarding a contract, other transaction
-agreement, or task or delivery order on a multiple award
-contract, or to issue a letter of intent totaling in excess of
-$2,000,000;
-(3) awarding a task or delivery order requiring an
-obligation of funds in an amount greater than $5,000,000 from
-multi-year Department of Homeland Security funds;
-(4) making a sole-source grant award; or
-(5) announcing publicly the intention to make or award
-items under paragraph (1), (2), (3), or (4) including a
-contract covered by the Federal Acquisition Regulation.
-(b) If the Secretary of Homeland Security determines that
-compliance with this section would pose a substantial risk to human
-life, health, or safety, an award may be made without notification, and
-the Secretary shall notify the Committees on Appropriations of the
-House of Representatives and the Senate not later than three full
-business days after such an award is made or letter issued.
-(c) A notification under this section--
-(1) may not involve funds that are not available for
-obligation; and
-(2) shall include the amount of the award; the fiscal year
-for which the funds for the award were appropriated; the type
-of contract; and the account from which the funds are being
-drawn.
-Sec. 508. Notwithstanding any other provision of law, no agency
-shall purchase, construct, or lease any additional facilities, except
-within or contiguous to existing locations, to be used for the purpose
-of conducting Federal law enforcement training without advance
-notification to the Committees on Appropriations of the House of
-Representatives and the Senate, except that the Federal Law Enforcement
-Training Centers is authorized to obtain the temporary use of
-additional facilities by lease, contract, or other agreement for
-training that cannot be accommodated in existing Centers' facilities.
-Sec. 509. None of the funds appropriated or otherwise made
-available by this Act may be used for expenses for any construction,
-repair, alteration, or acquisition project for which a prospectus
-otherwise required under chapter 33 of title 40, United States Code,
-has not been approved, except that necessary funds may be expended for
-each project for required expenses for the development of a proposed
-prospectus.
-Sec. 510. Sections 522 and 530 of the Department of Homeland
-Security Appropriations Act, 2008 (division E of Public Law 110-161;
-121 Stat. 2073 and 2074) shall apply with respect to funds made
-available in this Act in the same manner as such sections applied to
-funds made available in that Act.
-Sec. 511. (a) None of the funds made available in this Act may be
-used in contravention of the applicable provisions of the Buy American
-Act.
-(b) For purposes of subsection (a), the term ``Buy American Act''
-means chapter 83 of title 41, United States Code.
-Sec. 512. None of the funds made available in this Act may be used
-to amend the oath of allegiance required by section 337 of the
-Immigration and Nationality Act (8 U.S.C. 1448).
-Sec. 513. (a) None of the funds provided or otherwise made
-available by this Act may be made available to carry out section 872 of
-the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
-authorized by the Congress after the date of enactment of this Act.
-(b) Subsection (a) shall not apply to the use of the authorities
-provided by such section 872--
-(1) to allocate or reallocate the functions of the
-Assistant Secretary for the Countering Weapons of Mass
-Destruction Office to other offices and organizational units
-within the Department consistent with the ``Countering Weapons
-of Mass Destruction'' table in the explanatory statement
-described in section 4 (in the matter preceding division A of
-this consolidated Act); or
-(2) to allocate or reallocate any other functions of the
-Countering Weapons of Mass Destruction Office to other offices
-and organizational units within the Department consistent with
-the ``Countering Weapons of Mass Destruction'' table in the
-explanatory statement described in section 4 (in the matter
-preceding division A of this consolidated Act).
-(c) Notwithstanding subsection (a), the Secretary may transfer
-funds made available in prior appropriations Acts to the Countering
-Weapons of Mass Destruction Office between any appropriations available
-to the Department as necessary to carry out the purposes described in
-subsection (b).
-Sec. 514. None of the funds made available in this Act may be used
-for planning, testing, piloting, or developing a national
-identification card.
-Sec. 515. Any official that is required by this Act to report or
-to certify to the Committees on Appropriations of the House of
-Representatives and the Senate may not delegate such authority to
-perform that act unless specifically authorized herein.
-Sec. 516. None of the funds made available in this Act may be used
-for first-class travel by the employees of agencies funded by this Act
-in contravention of sections 301-10.122 through 301-10.124 of title 41,
-Code of Federal Regulations.
-Sec. 517. None of the funds made available in this Act may be used
-to employ workers described in section 274A(h)(3) of the Immigration
-and Nationality Act (8 U.S.C. 1324a(h)(3)).
-Sec. 518. Notwithstanding any other provision of this Act, none of
-the funds appropriated or otherwise made available by this Act may be
-used to pay award or incentive fees for contractor performance that has
-been judged to be below satisfactory performance or performance that
-does not meet the basic requirements of a contract.
-Sec. 519. (a) None of the funds made available in this Act may be
-used to maintain or establish a computer network unless such network
-blocks the viewing, downloading, and exchanging of pornography.
-(b) Nothing in subsection (a) shall limit the use of funds
-necessary for any Federal, State, tribal, territorial, or local law
-enforcement agency or any other entity carrying out criminal
-investigations, prosecution, or adjudication activities.
-Sec. 520. None of the funds made available in this Act may be used
-by a Federal law enforcement officer to facilitate the transfer of an
-operable firearm to an individual if the Federal law enforcement
-officer knows or suspects that the individual is an agent of a drug
-cartel unless law enforcement personnel of the United States
-continuously monitor or control the firearm at all times.
-Sec. 521. (a) None of the funds made available in this Act may be
-used to pay for the travel to or attendance of more than 50 employees
-of a single component of the Department of Homeland Security, who are
-stationed in the United States, at a single international conference
-unless the Secretary of Homeland Security, or a designee, determines
-that such attendance is in the national interest and notifies the
-Committees on Appropriations of the House of Representatives and the
-Senate within at least 10 days of that determination and the basis for
-that determination.
-(b) For purposes of this section the term ``international
-conference'' shall mean a conference occurring outside of the United
-States attended by representatives of the United States Government and
-of foreign governments, international organizations, or nongovernmental
-organizations.
-(c) The total cost to the Department of Homeland Security of any
-such conference shall not exceed $500,000.
-(d) Employees who attend a conference virtually without travel away
-from their permanent duty station within the United States shall not be
-counted for purposes of this section, and the prohibition contained in
-this section shall not apply to payments for the costs of attendance
-for such employees.
-Sec. 522. None of the funds made available in this Act may be used
-to reimburse any Federal department or agency for its participation in
-a National Special Security Event.
-Sec. 523. (a) None of the funds made available to the Department of
-Homeland Security by this or any other Act may be obligated for the
-implementation of any structural pay reform or the introduction of any
-new position classification that will affect more than 100 full-time
-positions or costs more than $5,000,000 in a single year before the end
-of the 30-day period beginning on the date on which the Secretary of
-Homeland Security submits to Congress a notification that includes--
-(1) the number of full-time positions affected by such
-change;
-(2) funding required for such change for the current fiscal
-year and through the Future Years Homeland Security Program;
-(3) justification for such change; and
-(4) for a structural pay reform, an analysis of
-compensation alternatives to such change that were considered
-by the Department.
-(b) Subsection (a) shall not apply to such change if--
-(1) it was proposed in the President's budget proposal for
-the fiscal year funded by this Act; and
-(2) funds for such change have not been explicitly denied
-or restricted in this Act.
-Sec. 524. (a) Any agency receiving funds made available in this Act
-shall, subject to subsections (b) and (c), post on the public website
-of that agency any report required to be submitted by the Committees on
-Appropriations of the House of Representatives and the Senate in this
-Act, upon the determination by the head of the agency that it shall
-serve the national interest.
-(b) Subsection (a) shall not apply to a report if--
-(1) the public posting of the report compromises homeland
-or national security; or
-(2) the report contains proprietary information.
-(c) The head of the agency posting such report shall do so only
-after such report has been made available to the Committees on
-Appropriations of the House of Representatives and the Senate for not
-less than 45 days except as otherwise specified in law.
-(d) If the requirements of this section are not met, the
-reprogramming and transfer authority provided in section 503 of this
-Act shall be suspended until the requirements of subsection (a) are
-met.
-Sec. 525. (a) Funding provided in this Act for ``Operations and
-Support'' may be used for minor procurement, construction, and
-improvements.
-(b) For purposes of subsection (a), ``minor'' refers to end items
-with a unit cost of $250,000 or less for personal property, and
-$4,000,000 or less for real property.
-Sec. 526. The authority provided by section 532 of the Department
-of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
-regarding primary and secondary schooling of dependents shall continue
-in effect during fiscal year 2026.
-Sec. 527. (a) Except as provided in subsection (b), none of the
-funds made available in this Act may be used to place restraints on a
-woman in the custody of the Department of Homeland Security (including
-during transport, in a detention facility, or at an outside medical
-facility) who is pregnant or in post-delivery recuperation.
-(b) Subsection (a) shall not apply with respect to a pregnant woman
-if--
-(1) an appropriate official of the Department of Homeland
-Security makes an individualized determination that the woman--
-(A) is a serious flight risk, and such risk cannot
-be prevented by other means; or
-(B) poses an immediate and serious threat to harm
-herself or others that cannot be prevented by other
-means; or
-(2) a medical professional responsible for the care of the
-pregnant woman determines that the use of therapeutic
-restraints is appropriate for the medical safety of the woman.
-(c) If a pregnant woman is restrained pursuant to subsection (b),
-only the safest and least restrictive restraints, as determined by the
-appropriate medical professional treating the woman, may be used. In no
-case may restraints be used on a woman who is in active labor or
-delivery, and in no case may a pregnant woman be restrained in a face-
-down position with four-point restraints, on her back, or in a
-restraint belt that constricts the area of the pregnancy. A pregnant
-woman who is immobilized by restraints shall be positioned, to the
-maximum extent feasible, on her left side.
-Sec. 528. (a) None of the funds made available by this Act may be
-used to destroy any document, recording, or other record pertaining to
-any--
-(1) death of;
-(2) potential sexual assault or abuse perpetrated against;
-or
-(3) allegation of abuse, criminal activity, or disruption
-committed by an individual held in the custody of the
-Department of Homeland Security.
-(b) The records referred to in subsection (a) shall be made
-available, in accordance with applicable laws and regulations, and
-Federal rules governing disclosure in litigation, to an individual who
-has been charged with a crime, been placed into segregation, or
-otherwise punished as a result of an allegation described in paragraph
-(3), upon the request of such individual.
-Sec. 529. Section 519 of division F of Public Law 114-113,
-regarding a prohibition on funding for any position designated as a
-Principal Federal Official, shall apply with respect to any Federal
-funds in the same manner as such section applied to funds made
-available in that Act.
-Sec. 530. (a) Not later than 10 days after the date on which the
-budget of the President for a fiscal year is submitted to Congress
-pursuant to section 1105(a) of title 31, United States Code, the Under
-Secretary for Management of Homeland Security shall submit to the
-Committees on Appropriations of the House of Representatives and the
-Senate a report on the unfunded priorities, for the Department of
-Homeland Security and separately for each departmental component, for
-which discretionary funding would be classified as budget function 050.
-(b) Each report under this section shall specify, for each such
-unfunded priority--
-(1) a summary description, including the objectives to be
-achieved if such priority is funded (whether in whole or in
-part);
-(2) the description, including the objectives to be
-achieved if such priority is funded (whether in whole or in
-part);
-(3) account information, including the following (as
-applicable):
-(A) appropriation account; and
-(B) program, project, or activity name; and
-(4) the additional number of full-time or part-time
-positions to be funded as part of such priority.
-(c) In this section, the term ``unfunded priority'', in the case of
-a fiscal year, means a requirement that--
-(1) is not funded in the budget referred to in subsection
-(a);
-(2) is necessary to fulfill a requirement associated with
-an operational or contingency plan for the Department; and
-(3) would have been recommended for funding through the
-budget referred to in subsection (a) if--
-(A) additional resources had been available for the
-budget to fund the requirement;
-(B) the requirement has emerged since the budget
-was formulated; or
-(C) the requirement is necessary to sustain prior-
-year investments.
-Sec. 531. (a) Not later than 10 days after a determination is made
-by the President to evaluate and initiate protection under any
-authority for a former or retired Government official or employee, or
-for an individual who, during the duration of the directed protection,
-will become a former or retired Government official or employee
-(referred to in this section as a ``covered individual''), the
-Secretary of Homeland Security shall submit a notification to
-congressional leadership and the Committees on Appropriations of the
-House of Representatives and the Senate, the Committees on the
-Judiciary of the House of Representatives and the Senate, the Committee
-on Homeland Security of the House of Representatives, the Committee on
-Homeland Security and Governmental Affairs of the Senate, and the
-Committee on Oversight and Reform of the House of Representatives
-(referred to in this section as the ``appropriate congressional
-committees'').
-(b) Such notification may be submitted in classified form, if
-necessary, and in consultation with the Director of National
-Intelligence or the Director of the Federal Bureau of Investigation, as
-appropriate, and shall include the threat assessment, scope of the
-protection, and the anticipated cost and duration of such protection.
-(c) Not later than 15 days before extending, or 30 days before
-terminating, protection for a covered individual, the Secretary of
-Homeland Security shall submit a notification regarding the extension
-or termination and any change to the threat assessment to the
-congressional leadership and the appropriate congressional committees.
-(d) Not later than 45 days after the date of enactment of this Act,
-and quarterly thereafter, the Secretary shall submit a report to the
-congressional leadership and the appropriate congressional committees,
-which may be submitted in classified form, if necessary, detailing each
-covered individual, and the scope and associated cost of protection.
-Sec. 532. (a) None of the funds provided to the Department of
-Homeland Security in this or any prior Act may be used by an agency to
-submit an initial project proposal to the Technology Modernization Fund
-(as authorized by section 1078 of subtitle G of title X of the National
-Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91))
-unless, concurrent with the submission of an initial project proposal
-to the Technology Modernization Board, the head of the agency--
-(1) notifies the Committees on Appropriations of the House
-of Representatives and the Senate of the proposed submission of
-the project proposal;
-(2) submits to the Committees on Appropriations a copy of
-the project proposal; and
-(3) provides a detailed analysis of how the proposed
-project funding would supplement or supplant funding requested
-as part of the Department's most recent budget submission.
-(b) None of the funds provided to the Department of Homeland
-Security by the Technology Modernization Fund shall be available for
-obligation until 15 days after a report on such funds has been
-transmitted to the Committees on Appropriations of the House of
-Representatives and the Senate.
-(c) The report described in subsection (b) shall include--
-(1) the full project proposal submitted to and approved by
-the Fund's Technology Modernization Board;
-(2) the finalized interagency agreement between the
-Department and the Fund including the project's deliverables
-and repayment terms, as applicable;
-(3) a detailed analysis of how the project will supplement
-or supplant existing funding available to the Department for
-similar activities;
-(4) a plan for how the Department will repay the Fund,
-including specific planned funding sources, as applicable; and
-(5) other information as determined by the Secretary.
-Sec. 533. Within 60 days of any budget submission for the
-Department of Homeland Security for fiscal year 2027 that assumes
-revenues or proposes a reduction from the previous year based on user
-fees proposals that have not been enacted into law prior to the
-submission of the budget, the Secretary of Homeland Security shall
-provide the Committees on Appropriations of the House of
-Representatives and the Senate specific reductions in proposed
-discretionary budget authority commensurate with the revenues assumed
-in such proposals in the event that they are not enacted prior to
-October 1, 2026.
-Sec. 534. None of the funds made available by this Act may be
-obligated or expended to implement the Arms Trade Treaty until the
-Senate approves a resolution of ratification for the Treaty.
-Sec. 535. No Federal funds made available to the Department of
-Homeland Security may be used to enter into a procurement contract,
-memorandum of understanding, or cooperative agreement with, or make a
-grant to, or provide a loan or guarantee to, any entity identified
-under section 1260H of the William M. (Mac) Thornberry National Defense
-Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any
-subsidiary of such entity.
-Sec. 536. None of the funds appropriated or otherwise made
-available in this or any other Act may be used to transfer, release, or
-assist in the transfer or release to or within the United States, its
-territories, or possessions Khalid Sheikh Mohammed or any other
-detainee who--
-(1) is not a United States citizen or a member of the Armed
-Forces of the United States; and
-(2) is or was held on or after June 24, 2009, at the United
-States Naval Station, Guantanamo Bay, Cuba, by the Department
-of Defense.
-Sec. 537. (a) The Secretary of Homeland Security shall, on a
-monthly basis beginning immediately after the date of enactment of this
-Act, develop estimates of the number of migrants anticipated to arrive
-at the southwest border of the United States.
-(b) The Secretary shall ensure that, at a minimum, the estimates
-developed pursuant to subsection (a)--
-(1) cover the current fiscal year and the following fiscal
-year;
-(2) include a breakout by demographic, to include single
-adults, family units, and unaccompanied children;
-(3) undergo an independent validation and verification
-review;
-(4) are used to inform policy planning and budgeting
-processes within the Department of Homeland Security; and
-(5) are included in the budget materials submitted to
-Congress for each fiscal year beginning after the date of
-enactment of this Act and in support of--
-(A) the President's annual budget request pursuant
-to section 1105 of title 31, United States Code;
-(B) any supplemental funding request submitted to
-Congress;
-(C) any reprogramming and transfer notification
-pursuant to section 503 of this Act; and
-(D) such budget materials shall include--
-(i) the most recent monthly estimates
-developed pursuant to subsection (a);
-(ii) a description and quantification of
-the estimates used to justify funding requests
-for Department programs related to border
-security, immigration enforcement, and
-immigration services;
-(iii) a description and quantification of
-the anticipated workload and requirements
-resulting from such estimates; and
-(iv) a confirmation as to whether the
-budget requests for impacted agencies were
-developed using the same estimates.
-(c) The Secretary shall share the monthly estimates developed
-pursuant to subsection (a) with the Secretary of Health and Human
-Services, the Attorney General, the Secretary of State, and the
-Committees on Appropriations of the House of Representatives and the
-Senate.
-(d) If the monthly estimates described in subsection (b) are not
-provided for the purposes described, the reprogramming and transfer
-authority provided in section 503 of this Act shall be suspended until
-such time as the required estimates are provided to the Committees on
-Appropriations of the House of Representatives and the Senate.
-Sec. 538. (a) The Secretary of Homeland Security shall, on a
-monthly basis beginning immediately after the date of enactment of this
-Act, develop estimates of the number of individuals anticipated to be
-detained in and removed from the United States.
-(b) The Secretary shall ensure that, at a minimum, the estimates
-developed pursuant to subsection (a)--
-(1) cover the current fiscal year and the following fiscal
-year;
-(2) include a breakout by demographics, to include single
-adults and family units;
-(3) undergo an independent validation and verification
-review;
-(4) are used to inform policy planning and budgeting
-processes within the Department of Homeland Security; and
-(5) are included in the budget materials submitted to
-Congress for each fiscal year beginning after the date of
-enactment of this Act and in support of--
-(A) the President's annual budget request pursuant
-to section 1105 of title 31, United States Code;
-(B) any supplemental funding request submitted to
-Congress;
-(C) any reprogramming and transfer notification
-pursuant to section 503 of this Act; and
-(D) such budget materials shall include--
-(i) the most recent monthly estimates
-developed pursuant to subsection (a);
-(ii) a description and quantification of
-the estimates used to justify funding requests
-for Department programs related to border
-security, immigration enforcement, and
-immigration services;
-(iii) a description and quantification of
-the anticipated workload and requirements
-resulting from such estimates; and
-(iv) a confirmation as to whether the
-budget requests for impacted agencies were
-developed using the same estimates.
-(c) The Secretary shall share the monthly estimates developed
-pursuant to subsection (a) with the Attorney General, the Secretary of
-State, and the Committees on Appropriations of the House of
-Representatives and the Senate.
-(d) If the monthly estimates described in subsection (b) are not
-provided for the purposes described, the reprogramming and transfer
-authority provided in section 503 of this Act shall be suspended until
-such time as the required estimates are provided to the Committees on
-Appropriations of the House of Representatives and the Senate.
-Sec. 539. (a) Prior to the Secretary of Homeland Security
-requesting assistance from the Department of Defense for border
-security operations, the Secretary shall ensure that an alternatives
-analysis and cost-benefit analysis is conducted before such request is
-made, which shall include an examination of obtaining such support
-through other means.
-(b) Not later than 30 days after the date on which a request for
-assistance is made, the Secretary of Homeland Security shall submit to
-the Committees on Appropriations of the House of Representatives and
-the Senate a report detailing the types of support requested, the
-alternatives analysis and cost-benefit analysis described in subsection
-(a), and the operational impact to Department of Homeland Security
-operations of any Department of Defense border security support
-requested by the Secretary.
-(c) Not later than 30 days after the date on which a request made
-for assistance is granted and quarterly thereafter through the duration
-of such assistance, the Secretary of Homeland Security shall submit to
-the Committees on Appropriations of the House of Representatives and
-the Senate, a report detailing the assistance provided and the
-operational impacts to border security operations.
-Sec. 540. Funds made available in this Act or any other Act for
-Operations and Support may be used for the necessary expenses of
-providing an employee emergency back-up care program.
-Sec. 541. (a) Not less than $5,000,000 made available in this Act
-shall be transferred to ``U.S. Immigration and Customs Enforcement--
-Operations and Support'' to support and conduct necessary operations of
-the Blue Campaign for fiscal year 2026.
-(b) Prior to the obligation of funds made available by subsection
-(a), notification shall be submitted to the Committees on
-Appropriations of the House of Representatives and the Senate.
-Sec. 542. (a) If the reporting requirement set forth in paragraph
-(2) under the heading ``Federal Emergency Management Agency--Disaster
-Relief Fund'' in the Department of Homeland Security Appropriations
-Act, 2015 (Public Law 114-4), as applied in this fiscal year by section
-306 of this Act, is not submitted to the Committees on Appropriations
-of the House of Representatives and the Senate and published on the
-Agency's website not later than the fifth business day of the
-applicable month, the amount made available for ``Office of the
-Secretary and Executive Management--Operations and Support--Management
-and Oversight'' shall be reduced by $100,000 for each day such report
-is not submitted and published on the Agency's website.
-(b) During any period in which the total number of requests for
-reimbursement for a covered expense for individual assistance or public
-assistance related to emergency (42 U.S.C. 5122(1)) or major disaster
-(42 U.S.C. 5122(2)) declarations under the Robert T. Stafford Disaster
-Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that the
-Department of Homeland Security has been considering under final review
-for greater than 60 days exceeds 500, the amount made available for
-``Office of the Secretary and Executive Management--Operations and
-Support--Management and Oversight'' shall be reduced by $100,000 for
-each day during such period on which the cumulative total of requests
-over 60 days in final review exceeds 500.
-(c) Subsection (b) shall not apply if the balance of funding for
-the Disaster Relief Fund is sufficient only for the purpose of
-obligating funds for activities determined to be lifesaving or life-
-sustaining.
-Sec. 543. Section 16005(c) of title VI of division B of the
-Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136)
-shall be applied as if the language read as follows: ``Subsection (a)
-shall apply until September 30, 2026.''.
-Sec. 544. The levels for appropriations accounts specified for
-classified programs in this Act shall conform to the direction included
-in the classified annex accompanying this Act and shall be implemented
-in a manner consistent with section 545.
-Sec. 545. Upon a determination by the Director of National
-Intelligence that such action is necessary and in the national
-interest, the Director may, with the approval of the Secretary of
-Homeland Security and the Director of the Office of Management and
-Budget, transfer amounts for the National Intelligence Program
-consistent with the percentage caps specified in section 503(c):
-Provided, That such authority to transfer may not be used unless for
-higher priority items, based on unforeseen intelligence requirements,
-than those for which originally appropriated and in no case where the
-item for which funds are requested has been denied by the Congress:
-Provided further, That a request for any transfer of funds using
-authority provided in this section shall be made consistent with the
-requirements of section 503(d)(1).
-Sec. 546. Within seven days of the date of enactment of this Act,
-and quarterly thereafter, the Department shall submit to the Committees
-on Appropriation of the House of Representatives and the Senate--
-(1) an obligation plan by program, project, or activity for
-each component receiving funds from Public Law 119-21;
-(2) estimated fee collections for each component collecting
-new or enhanced fees authorized by Public Law 119-21,
-delineated by collections that a component will retain and
-collections that a component will remit to other agencies or
-the Treasury; and
-(3) an obligation plan by program, project, or activity for
-fee collections identified in paragraph (2) as being retained
-by a component within the Department.
-Sec. 547. (a) None of the funds appropriated or otherwise made
-available to the Department of Homeland Security by this Act may be
-used to prevent any of the following persons from entering, for the
-purpose of conducting oversight, any facility operated by or for the
-Department of Homeland Security used to detain or otherwise house
-aliens, or to make any temporary modification at any such facility that
-in any way alters what is observed by a visiting Member of Congress or
-such designated employee, compared to what would be observed in the
-absence of such modification:
-(1) A Member of Congress.
-(2) An employee of the United States House of
-Representatives or the United States Senate designated by such
-a Member for the purposes of this section.
-(b) Nothing in this section may be construed to require a Member of
-Congress to provide prior notice of the intent to enter a facility
-described in subsection (a) for the purpose of conducting oversight.
-(c) With respect to individuals described in subsection (a)(2), the
-Department of Homeland Security may require that a request be made at
-least 24 hours in advance of an intent to enter a facility described in
-subsection (a).
-Sec. 548. In addition to amounts otherwise made available for such
-purposes, there is appropriated $30,000,000, for an additional amount
-for ``The Judiciary--Supreme Court of the United States--Salaries and
-Expenses'', to remain available until September 30, 2028: Provided,
-That amounts made available pursuant to this section shall be subject
-to the same authorities and conditions as if such amounts were provided
-under the heading ``The Judiciary--Supreme Court of the United States--
-Salaries and Expenses'' in the Financial Services and General
-Government Appropriations Act, 2026.
-Sec. 549. There is appropriated $140,000,000 for an additional
-amount for ``Department of Transportation-Federal Aviation
-Administration-Operations'' for air traffic organization activities, to
-remain available until September 30, 2027: Provided, That the
-Administrator of the Federal Aviation Administration shall only use
-such amounts to provide a rate of pay increase for calendar year 2026
-of 3.8 percent, for air traffic controllers, as defined by section
-2109(1)(A) of title 5, United States Code, and air traffic controller
-supervisors or managers who are not covered under such section, but who
-manage air traffic: Provided further, That such adjustment shall be
-implemented for all such employees only to the extent the Administrator
-determines, in his sole discretion, that improvements in workforce
-scheduling, staffing utilization, or other operational efficiencies are
-achieved that contribute to addressing workforce shortfalls and
-enhancing aviation safety: Provided further, That if the Administrator
-makes such determination, then such adjustment shall be effective the
-first pay period beginning after January 1, 2026: Provided further,
-That amounts provided by this section shall be subject to the same
-authorities and conditions as if such amounts were provided by the
-Department of Transportation Appropriations Act, 2026.
-Sec. 550. (a) Of the total amount provided under the heading
-``Cybersecurity and Infrastructure Security Agency--Operations and
-Support'', $99,750,000 shall be derived by transfer from the
-unobligated balances of amounts previously appropriated under the
-heading ``Cybersecurity and Infrastructure Security Agency--
-Cybersecurity Response and Recovery Fund'' in division J of the
-Infrastructure Investment and Jobs Act (Public Law 117-58).
-(b) Amounts derived by transfer pursuant to this section shall
-continue to be treated as amounts specified in section 103(b) of
-division A of Public Law 118-5.
-
-(rescissions of funds)
-
-Sec. 551. Of the funds appropriated to the Department of Homeland
-Security, the following funds are hereby rescinded from the following
-accounts and programs in the specified amounts: Provided, That no
-amounts may be rescinded from amounts that were 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:
-(1) $73,327,000 from the unobligated balances available in
-the ``Management Directorate--Procurement, Construction, and
-Improvements'' account (70 22/26 0406).
-(2) $6,713,000 from the unobligated balances available in
-the ``U.S. Customs and Border Protection--Operations and
-Support'' account (70 X 0530).
-(3) $387,000 from the unobligated balances available in the
-``U.S. Customs and Border Protection--Automation
-Modernization'' account (70 X 0531).
-(4) $917,000 from the unobligated balances available in the
-``U.S. Customs and Border Protection--Procurement,
-Construction, and Improvements'' account (70 X 0532).
-(5) $6,336,000 from the unobligated balances available in
-the ``U.S. Customs and Border Protection--Border Security
-Fencing, Infrastructure, and Technology'' account (70 X 0533).
-(6) $1,413,000 from the unobligated balances available in
-the ``U.S. Customs and Border Protection--Air and Marine
-Interdiction, Operations, Maintenance, and Procurement''
-account (70 X 0544).
-(7) $172,000 from the unobligated balances available in the
-``Cybersecurity and Infrastructure Security Agency--
-Infrastructure Protection and Infrastructure Security'' account
-(70 X 0565).
-Sec. 552. The following unobligated balances made available to the
-Department of Homeland Security pursuant to section 505 of the
-Department of Homeland Security Appropriations Act, 2024 (Public Law
-118-47), as incorporated by section 1101 of the Full-Year Continuing
-Appropriations Act, 2025 (Public Law 119-4), are rescinded:
-(1) $2,072,147 from ``Office of the Secretary and Executive
-Management--Operations and Support''.
-(2) $5,487,177 from ``Management Directorate--Operations
-and Support''.
-(3) $4,493,650 from ``Intelligence, Analysis, and
-Situational Awareness--Operations and Support''.
-(4) $88,190 from ``Office of the Inspector General--
-Operations and Support''.
-(5) $1,139,096 from ``U.S. Customs and Border Protection--
-Operations and Support''.
-(6) $19,650,000 from ``Transportation Security
-Administration--Operations and Support''.
-(7) $703,390 from ``United States Secret Service--
-Operations and Support''.
-(8) $52,349,050 from ``Cybersecurity and Infrastructure
-Security Agency--Operations and Support''.
-(9) $18,525,975 from ``Federal Emergency Management
-Agency--Operations and Support''.
-(10) $120,860 from ``U.S. Citizenship and Immigration
-Services--Operations and Support''.
-(11) $178,340 from ``Science and Technology Directorate--
-Operations and Support''.
-(12) $6,937,020 from ``Countering Weapons of Mass
-Destruction Office--Operations and Support''.
-Sec. 553. Of the unobligated balances in the ``Department of
-Homeland Security Nonrecurring Expenses Fund'' established in section
-538 of division F of Public Law 117-103, $2,362,000 are hereby
-rescinded.
-
-Repeal of Senate Notification Requirements Relating to Legal Process on
-Disclosures of Senate Data
-
-Sec. 554. Section 213 of title II of division C of the Continuing
+(1) for any amounts provided in prior fiscal years or in fiscal
+year 2026; or
+(2) for amounts provided in fiscal year 2027, until March 25,
+2027.
+
+DIVISION H--FURTHER CONTINUING APPROPRIATIONS ACT, 2026
+
+Sec. 101. The Continuing Appropriations Act, 2026 (division A of
+Public Law 119-37) is amended by striking the date specified in section
+106(3) and inserting ``February 13, 2026''.
+Sec. 102. For the purposes of the Continuing Appropriations Act,
+2026 (division A of Public Law 119-37), the time covered by such
+division shall be considered to include the period which began on or
+about January 31, 2026, during which there occurred a lapse in
+appropriations.
+Sec. 103. Amounts made available in the Continuing Appropriations
+Act, 2026 (division A of Public Law 119-37) and the Consolidated
+Appropriations Act, 2026 for personnel pay, allowances, and benefits in
+each department and agency shall be available for payments pursuant to
+subsection (c) of section 1341 of title 31, United States Code and such
+payments shall be made.
+Sec. 104. All obligations incurred and in anticipation of the
+appropriations made and authority granted by the Continuing
+Appropriations Act, 2026 (division A of Public Law 119-37) and by the
+Consolidated Appropriations Act, 2026 for the purposes of maintaining
+the essential level of activity to protect life and property and
+bringing about orderly termination of Government function, and for
+purposes as otherwise authorized by law, are hereby ratified and
+approved if otherwise in accord with the provisions of such Act.
+Sec. 105. Section 213 of title II of division C of the Continuing
Appropriations, Agriculture, Legislative Branch, Military Construction
and Veterans Affairs, and Extensions Act, 2026, and the amendments made
by such section, are hereby repealed and shall have no force or effect.
-This division may be cited as the ``Department of Homeland Security
+This division may be cited as the ``Further Continuing
Appropriations Act, 2026''.
DIVISION I--AUTHORIZING EXTENDERS AND TECHNICAL CORRECTIONS
SEC. 5001. UNITED STATES GRAIN STANDARDS ACT EXTENSION.
-
Sections 7(j)(5), 7A(l)(4), and 21(e) of the United States Grain
Standards Act (7 U.S.C. 79(j)(5), 79a(l)(4), 87j(e)) shall be applied
by substituting ``September 30, 2026'' for ``September 30, 2025'' each
place it appears.
-
SEC. 5002. COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER PROGRAM.
-
Section 1(b) of Public Law 117-25 (135 Stat. 297; 136 Stat. 2133;
136 Stat. 5984; 139 Stat. 46) is amended in each of paragraphs (3) and
(4) by striking ``September 30, 2025'' and inserting ``September 30,
2026''.
-
SEC. 5003. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
-
Section 8302(b) of the Agricultural Act of 2014 (16 U.S.C.
3851a(b)) shall be applied by substituting ``October 1, 2026'' for
``October 1, 2023''.
-
SEC. 5004. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.
-
(a) Financing.--Section 1309(a) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4016(a)) is amended, in the first sentence, by
striking ``September 30, 2023'' and inserting ``September 30, 2026''.
@@ -27132,84 +24353,59 @@
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2023'' and inserting ``September 30, 2026''.
(c) Effective Date.--
-(1) In general.--Subject to paragraph (2), this section
-shall take effect immediately upon the date of enactment of
-this Act.
-(2) Alternate date.--If this Act is enacted after January
-30, 2026, this section shall take effect as if enacted on
-January 30, 2026.
-
+(1) In general.--Subject to paragraph (2), this section shall
+take effect immediately upon the date of enactment of this Act.
+(2) Alternate date.--If this Act is enacted after January 30,
+2026, this section shall take effect as if enacted on January 30,
+2026.
SEC. 5005. EXTENSION OF REIMBURSABLE SCREENING SERVICES PROGRAM.
-
Section 225(e) of the Department of Homeland Security
Appropriations Act, 2019 (division A of Public Law 116-6; 49 U.S.C.
44901 note) is amended by striking ``2025'' and inserting ``2026''.
-
SEC. 5006. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
-
Section 4144(d) of the Motor Carrier Safety Reauthorization Act of
2005 (49 U.S.C. 31100 note; Public Law 109-59) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2025''.
-
SEC. 5007. 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 ``September 30, 2025'' and
inserting ``September 30, 2026''.
-
SEC. 5008. CYBERSECURITY INFORMATION SHARING ACT OF 2015.
-
Section 111(a) of the Cybersecurity Information Sharing Act of 2015
(6 U.S.C. 1510(a)) is amended by striking ``September 30, 2025'' and
inserting ``September 30, 2026''.
-
SEC. 5009. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
-
Section 2220A(s)(1) of the Homeland Security Act of 2002 (6 U.S.C.
665g(s)(1)) is amended by striking ``September 30, 2025'' and inserting
``September 30, 2026''.
-
SEC. 5010. EXTENSION OF THE TECHNOLOGY MODERNIZATION FUND AND BOARD.
-
Section 1078(f)(1) of the National Defense Authorization Act for
Fiscal Year 2018 (40 U.S.C. 11301 note) is amended by striking ``On and
after the date that is 2 years after the date on which the Comptroller
General of the United States issues the third report required under
subsection (b)(7)(B)'' and inserting ``After September 30, 2026''.
-
SEC. 5011. EXTENSION OF EXISTENCE OF PAROLE COMMISSION.
-
Any expiration date established by section 235(b) of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-473), as such
section relates to chapter 311 of title 18, United States Code, and the
United States Parole Commission, shall not apply during the period
beginning on October 1, 2025, and ending on January 30, 2031.
-
SEC. 5012. ADDITIONAL SPECIAL ASSESSMENT.
-
Section 3014(a) of title 18, United States Code, is amended by
striking ``and ending on September 30, 2025''.
-
SEC. 5013. RURAL HEALTHCARE WORKERS.
-
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2015''.
-
SEC. 5014. E-VERIFY.
-
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2015''.
-
SEC. 5015. NON-MINISTER RELIGIOUS WORKERS.
-
Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting ``September
30, 2026'' for ``September 30, 2015'' each place such date appears.
-
SEC. 5016. H-2B SUPPLEMENTAL VISA EXEMPTION.
-
Notwithstanding the numerical limitation set forth in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
@@ -27222,9 +24418,7 @@
more than the highest number of H-2B nonimmigrants who participated in
the H-2B returning worker program in any fiscal year in which returning
workers were exempt from such numerical limitation.
-
SEC. 5017. EMERGENCY AUTHORITY FOR SENTENCING COMMISSION.
-
(a) In General.--The United States Sentencing Commission (in this
section, referred to as the ``Commission'') shall promulgate the
guidelines or amendments provided for under section 8605(e) of the
@@ -27242,9 +24436,7 @@
(c) Rule of Construction.--The requirements of this section shall
supersede the timeline set forth in section 8605(e)(1) of the SAFER
SKIES Act (title LXXXVI of Public Law 119-60).
-
SEC. 5018. BANKRUPTCY FEES.
-
(a) In General.--Section 126 of the Continuing Appropriations Act,
2026 (division A of the Continuing Appropriations, Agriculture,
Legislative Branch, Military Construction and Veterans Affairs, and
@@ -27257,133 +24449,118 @@
(b) Application of Amendments Made by the Bankruptcy Administration
Improvement Act of 2025.--
(1) In general.--Section 6(b)(2)(A) of the Bankruptcy
-Administration Improvement Act of 2025 is amended by striking
-``on the'' and inserting ``on or after the''.
-(2) Effective date.--The amendment made by paragraph (1)
-shall take effect as though enacted immediately after the
-enactment of the Bankruptcy Administration Improvement Act of
-2025.
-
+Administration Improvement Act of 2025 is amended by striking ``on
+the'' and inserting ``on or after the''.
+(2) Effective date.--The amendment made by paragraph (1) shall
+take effect as though enacted immediately after the enactment of
+the Bankruptcy Administration Improvement Act of 2025.
SEC. 5019. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT.
-
(a) Extension of Preferential Treatment for Certain Countries in
Africa Under African Growth and Opportunity Act; Retroactive
Application.--
(1) Extension.--
-(A) Trade act of 1974.--Section 506B of the Trade
-Act of 1974 (19 U.S.C. 2466b) is amended by striking
+(A) Trade act of 1974.--Section 506B of the Trade Act of
+1974 (19 U.S.C. 2466b) is amended by striking ``September 30,
+2025'' and inserting ``December 31, 2026''.
+(B) African growth and opportunity act.--
+(i) In general.--Section 112(g) of the African Growth
+and Opportunity Act (19 U.S.C. 3721(g)) is amended by
+striking ``September 30, 2025'' and inserting ``December
+31, 2026''.
+(ii) Regional apparel article program.--Section
+112(b)(3)(A) of the African Growth and Opportunity Act (19
+U.S.C. 3721(b)(3)(A)) is amended--
+
+(I) in clause (i), by striking ``21 succeeding''
+and inserting ``23 succeeding''; and
+(II) in clause (ii)(II), by striking ``September
+30, 2025'' and inserting ``December 31, 2026''.
+
+(iii) Third-country fabric program.--Section 112(c)(1)
+of the African Growth and Opportunity Act (19 U.S.C.
+3721(c)(1)) is amended--
+
+(I) in the paragraph heading, by striking
+``September 30, 2025'' and inserting ``December 31,
+2026'';
+(II) in subparagraph (A), by striking ``September
+30, 2025'' and inserting ``December 31, 2026''; and
+(III) in subparagraph (B)(ii), by striking
``September 30, 2025'' and inserting ``December 31,
2026''.
-(B) African growth and opportunity act.--
-(i) In general.--Section 112(g) of the
-African Growth and Opportunity Act (19 U.S.C.
-3721(g)) is amended by striking ``September 30,
-2025'' and inserting ``December 31, 2026''.
-(ii) Regional apparel article program.--
-Section 112(b)(3)(A) of the African Growth and
-Opportunity Act (19 U.S.C. 3721(b)(3)(A)) is
-amended--
-(I) in clause (i), by striking ``21
-succeeding'' and inserting ``23
-succeeding''; and
-(II) in clause (ii)(II), by
-striking ``September 30, 2025'' and
-inserting ``December 31, 2026''.
-(iii) Third-country fabric program.--
-Section 112(c)(1) of the African Growth and
-Opportunity Act (19 U.S.C. 3721(c)(1)) is
-amended--
-(I) in the paragraph heading, by
-striking ``September 30, 2025'' and
-inserting ``December 31, 2026'';
-(II) in subparagraph (A), by
-striking ``September 30, 2025'' and
-inserting ``December 31, 2026''; and
-(III) in subparagraph (B)(ii), by
-striking ``September 30, 2025'' and
-inserting ``December 31, 2026''.
+
(2) Retroactive application.--
-(A) In general.--Notwithstanding section 514 of the
-Tariff Act of 1930 (19 U.S.C. 1514) or any other
-provision of law, and subject to subparagraph (B), any
-entry of a covered article to which duty-free treatment
-or other preferential treatment under section 506A of
-the Trade Act of 1974 (19 U.S.C. 2466a) or section 112
-of the African Grown and Opportunity Act (19 U.S.C.
+(A) In general.--Notwithstanding section 514 of the Tariff
+Act of 1930 (19 U.S.C. 1514) or any other provision of law, and
+subject to subparagraph (B), any entry of a covered article to
+which duty-free treatment or other preferential treatment under
+section 506A of the Trade Act of 1974 (19 U.S.C. 2466a) or
+section 112 of the African Grown and Opportunity Act (19 U.S.C.
3721) would have applied if the entry had been made on
September 30, 2025, that was made--
(i) after September 30, 2025, and
-(ii) before the date of the enactment of
-this Act,
-shall be liquidated or reliquidated as though such
-entry occurred on the date of the enactment of this
-Act.
-(B) Requests.--A liquidation or reliquidation may
-be made under subparagraph (A) with respect to an entry
-only if a request therefor is filed with the
-Commissioner of U.S. Customs and Border Protection not
-later than 180 days after the date of the enactment of
-this Act that contains sufficient information to enable
-such Commissioner--
+(ii) before the date of the enactment of this Act,
+shall be liquidated or reliquidated as though such entry
+occurred on the date of the enactment of this Act.
+(B) Requests.--A liquidation or reliquidation may be made
+under subparagraph (A) with respect to an entry only if a
+request therefor is filed with the Commissioner of U.S. Customs
+and Border Protection not later than 180 days after the date of
+the enactment of this Act that contains sufficient information
+to enable such Commissioner--
(i) to locate the entry; or
-(ii) to reconstruct the entry if it cannot
-be located.
-(C) Payment of amounts owed.--Any amounts owed by
-the United States pursuant to the liquidation or
-reliquidation of an entry of a covered article under
-subparagraph (A) shall be paid, without interest of any
-kind, not later than 90 days after the date of the
-liquidation or reliquidation (as the case may be).
+(ii) to reconstruct the entry if it cannot be located.
+(C) Payment of amounts owed.--Any amounts owed by the
+United States pursuant to the liquidation or reliquidation of
+an entry of a covered article under subparagraph (A) shall be
+paid, without interest of any kind, not later than 90 days
+after the date of the liquidation or reliquidation (as the case
+may be).
(D) Definitions.--In this paragraph:
-(i) Covered article.--The term ``covered
-article'' means an article from a country that
-is designated by the President as a beneficiary
-sub-Saharan African country under section 104
-of the African Growth and Opportunity Act (19
-U.S.C. 3703) as of the day before the date of
-the enactment of this Act.
-(ii) Entry.--The term ``entry'' includes a
-withdrawal from warehouse for consumption.
+(i) Covered article.--The term ``covered article''
+means an article from a country that is designated by the
+President as a beneficiary sub-Saharan African country
+under section 104 of the African Growth and Opportunity Act
+(19 U.S.C. 3703) as of the day before the date of the
+enactment of this Act.
+(ii) Entry.--The term ``entry'' includes a withdrawal
+from warehouse for consumption.
(b) Extension of Customs User Fees.--
(1) In general.--Section 13031(j)(3) of the Consolidated
-Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3))
-is amended--
-(A) in subparagraph (A), by striking ``September
-30, 2031'' and inserting ``December 31, 2031''; and
-(B) in subparagraph (B)(i), by striking ``September
+Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is
+amended--
+(A) in subparagraph (A), by striking ``September 30, 2031''
+and inserting ``December 31, 2031''; and
+(B) in subparagraph (B)(i), by striking ``September 30,
+2031'' and inserting ``December 31, 2031''.
+(2) Rate for merchandise processing fees.--Section 503 of the
+United States-Korea Free Trade Agreement Implementation Act (Public
+Law 112-41;19 U.S.C. 3805 note) is amended by striking ``September
30, 2031'' and inserting ``December 31, 2031''.
-(2) Rate for merchandise processing fees.--Section 503 of
-the United States-Korea Free Trade Agreement Implementation Act
-(Public Law 112-41;19 U.S.C. 3805 note) is amended by striking
-``September 30, 2031'' and inserting ``December 31, 2031''.
-
SEC. 5020. EXTENSION OF HAITI ECONOMIC LIFT PROGRAM.
-
(a) Extension of Special Rules for Haiti Under Caribbean Basin
Economic Recovery Act.--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 on and after December
-20, 2017.''; 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
+(i) by amending subparagraph (B)(v)(I) to read as
+follows:
+
+``(I) Applicable percentage.--The term `applicable
+percentage' means 60 percent or more on and after
+December 20, 2017.''; 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 December 31, 2026.''.
@@ -27391,61 +24568,56 @@
Treatment.--
(1) In general.--The President shall proclaim such
modifications to the Harmonized Tariff Schedule of the United
-States as may be necessary to restore the eligibility of
-articles described in paragraph (2) for preferential treatment
-under section 213A of the Caribbean Basin Economic Recovery Act
-(19 U.S.C. 2703a).
-(2) Articles described.--An article described in this
-paragraph is an article that--
-(A) was eligible for preferential treatment under
-section 213A of the Caribbean Basin Economic Recovery
-Act (19 U.S.C. 2703a) on December 20, 2006; and
-(B) became ineligible for such treatment after that
-date and before the date of the enactment of this Act
-as a result of revisions to the Harmonized Tariff
-Schedule.
+States as may be necessary to restore the eligibility of articles
+described in paragraph (2) for preferential treatment under section
+213A of the Caribbean Basin Economic Recovery Act (19 U.S.C.
+2703a).
+(2) Articles described.--An article described in this paragraph
+is an article that--
+(A) was eligible for preferential treatment under section
+213A of the Caribbean Basin Economic Recovery Act (19 U.S.C.
+2703a) on December 20, 2006; and
+(B) became ineligible for such treatment after that date
+and before the date of the enactment of this Act as a result of
+revisions to the Harmonized Tariff Schedule.
(3) Effective date of proclamation.--A proclamation under
-paragraph (1) shall take effect not earlier than 2 business
-days after the President submits to the Committee on Finance of
-the Senate and the Committee on Ways and Means of the House of
-Representatives a report on the proclamation and the reasons
-for the modifications to the Harmonized Tariff Schedule under
-the proclamation.
+paragraph (1) shall take effect not earlier than 2 business days
+after the President submits to the Committee on Finance of the
+Senate and the Committee on Ways and Means of the House of
+Representatives a report on the proclamation and the reasons for
+the modifications to the Harmonized Tariff Schedule under the
+proclamation.
(c) Retroactive Application.--
-(1) In general.--Notwithstanding section 514 of the Tariff
-Act of 1930 (19 U.S.C. 1514) or any other provision of law, and
-subject to paragraph (2), any entry of a covered article to
-which duty-free treatment or other preferential treatment under
-the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
-seq.) would have applied if the entry had been made before
-September 30, 2025, that was made--
+(1) In general.--Notwithstanding section 514 of the Tariff Act
+of 1930 (19 U.S.C. 1514) or any other provision of law, and subject
+to paragraph (2), any entry of a covered article to which duty-free
+treatment or other preferential treatment under the Caribbean Basin
+Economic Recovery Act (19 U.S.C. 2701 et seq.) would have applied
+if the entry had been made before September 30, 2025, that was
+made--
(A) on or after September 30, 2025, and
(B) before the date of the enactment of this Act,
-shall be liquidated or reliquidated as though such entry
-occurred on the date of the enactment of this Act.
-(2) Requests.--A liquidation or reliquidation may be made
-under paragraph (1) with respect to an entry only if a request
-therefor is filed with the Commissioner of U.S. Customs and
-Border Protection not later than 180 days after the date of the
-enactment of this Act that contains sufficient information to
-enable such Commissioner--
+shall be liquidated or reliquidated as though such entry occurred
+on the date of the enactment of this Act.
+(2) Requests.--A liquidation or reliquidation may be made under
+paragraph (1) with respect to an entry only if a request therefor
+is filed with the Commissioner of U.S. Customs and Border
+Protection not later than 180 days after the date of the enactment
+of this Act that contains sufficient information to enable such
+Commissioner--
(A) to locate the entry; or
-(B) to reconstruct the entry if it cannot be
-located.
-(3) Payment of amounts owed.--Any amounts owed by the
-United States pursuant to the liquidation or reliquidation of
-an entry of a covered article under paragraph (1) shall be
-paid, without interest of any kind, not later than 90 days
-after the date of the liquidation or reliquidation (as the case
-may be).
+(B) to reconstruct the entry if it cannot be located.
+(3) Payment of amounts owed.--Any amounts owed by the United
+States pursuant to the liquidation or reliquidation of an entry of
+a covered article under paragraph (1) shall be paid, without
+interest of any kind, not later than 90 days after the date of the
+liquidation or reliquidation (as the case may be).
(4) Definitions.--In this subsection:
-(A) Covered article.--The term ``covered article''
-means an article from Haiti.
-(B) Entry.--The term ``entry'' includes a
-withdrawal from warehouse for consumption.
-
+(A) Covered article.--The term ``covered article'' means an
+article from Haiti.
+(B) Entry.--The term ``entry'' includes a withdrawal from
+warehouse for consumption.
SEC. 5021. BUDGETARY EFFECTS.
-
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
@@ -27471,27 +24643,26 @@
DIVISION J--HEALTH CARE EXTENDERS
SEC. 6001. TABLE OF CONTENTS.
-
The table of contents of this division is as follows:
DIVISION J--HEALTH CARE EXTENDERS
Sec. 6001. Table of contents.
+
TITLE I--MEDICAID
Sec. 6101. Streamlined enrollment process for eligible out-of-State
providers under Medicaid and CHIP.
-Sec. 6102. Removing certain age restrictions on Medicaid eligibility
-for working adults with disabilities.
-Sec. 6103. Medicaid State plan requirement for determining residency
-and coverage for military families.
-Sec. 6104. State studies and HHS report on costs of providing
-maternity, labor, and delivery services.
-Sec. 6105. Modifying certain disproportionate share hospital
-allotments.
+Sec. 6102. Removing certain age restrictions on Medicaid eligibility for
+working adults with disabilities.
+Sec. 6103. Medicaid State plan requirement for determining residency and
+coverage for military families.
+Sec. 6104. State studies and HHS report on costs of providing maternity,
+labor, and delivery services.
+Sec. 6105. Modifying certain disproportionate share hospital allotments.
Sec. 6106. Modifying certain limitations on disproportionate share
-hospital payment adjustments under the
-Medicaid program.
+hospital payment adjustments under the Medicaid program.
+
TITLE II--MEDICARE
Sec. 6201. Extension of increased inpatient hospital payment adjustment
@@ -27511,15 +24682,14 @@
Sec. 6211. In-home cardiopulmonary rehabilitation flexibility.
Sec. 6212. Enhancing certain program integrity requirements for DME
under Medicare.
-Sec. 6213. Guidance on furnishing services via telehealth to
-individuals with limited English
-proficiency.
-Sec. 6214. Inclusion of virtual diabetes prevention program suppliers
-in MDPP Expanded Model.
+Sec. 6213. Guidance on furnishing services via telehealth to individuals
+with limited English proficiency.
+Sec. 6214. Inclusion of virtual diabetes prevention program suppliers in
+MDPP Expanded Model.
Sec. 6215. Medication-induced movement disorder outreach and education.
Sec. 6216. Report on wearable medical devices.
-Sec. 6217. Extension of temporary inclusion of authorized oral
-antiviral drugs as covered part D drugs.
+Sec. 6217. Extension of temporary inclusion of authorized oral antiviral
+drugs as covered part D drugs.
Sec. 6218. Extension of adjustment to calculation of hospice cap amount
under Medicare.
Sec. 6219. Adjustments to Medicare part D cost-sharing reductions for
@@ -27533,13 +24703,13 @@
Sec. 6223. Assuring pharmacy access and choice for medicare
beneficiaries.
Sec. 6224. Modernizing and ensuring PBM accountability.
-Sec. 6225. Requiring a separate identification number and an
-attestation for each off-campus outpatient
-department of a provider.
+Sec. 6225. Requiring a separate identification number and an attestation
+for each off-campus outpatient department of a provider.
Sec. 6226. Revising phase-in of medicare clinical laboratory test
payment changes.
Sec. 6227. Medicare sequestration.
Sec. 6228. Medicare Improvement Fund.
+
TITLE III--HUMAN SERVICES
Sec. 6301. Sexual risk avoidance education extension.
@@ -27548,19 +24718,22 @@
centers.
Sec. 6304. Extension of the Temporary Assistance for Needy Families
Program.
+
TITLE IV--PUBLIC HEALTH AND OTHER EXTENDERS
Subtitle A--Extensions
Sec. 6401. Extension for community health centers, National Health
-Service Corps, and teaching health centers
-that operate GME programs.
+Service Corps, and teaching health centers that operate GME
+programs.
Sec. 6402. Extension of special diabetes programs.
Sec. 6403. Extension of national health security programs.
Sec. 6404. No Surprises Act implementation.
+
Subtitle B--World Trade Center Health Program
Sec. 6411. 9/11 responder and survivor health funding corrections.
+
TITLE V--PUBLIC HEALTH PROGRAMS
Sec. 6501. Preventing maternal deaths.
@@ -27571,163 +24744,140 @@
Sec. 6506. Lifespan respite care.
Sec. 6507. PREEMIE.
Sec. 6508. Dr. Lorna Breen health care provider protection.
+
TITLE VI--FOOD AND DRUG ADMINISTRATION
Subtitle A--Mikaela Naylon Give Kids a Chance Act
-Sec. 6601. Research into pediatric uses of drugs; additional
-authorities of Food and Drug Administration
-regarding molecularly targeted cancer
-drugs.
+Sec. 6601. Research into pediatric uses of drugs; additional authorities
+of Food and Drug Administration regarding molecularly targeted
+cancer drugs.
Sec. 6602. Ensuring completion of pediatric study requirements.
Sec. 6603. FDA report on PREA enforcement.
Sec. 6604. Extension of authority to issue priority review vouchers to
-encourage treatments for rare pediatric
-diseases.
+encourage treatments for rare pediatric diseases.
Sec. 6605. Limitations on exclusive approval or licensure of orphan
drugs.
+
Subtitle B--United States-Abraham Accords Cooperation and Security
Sec. 6611. Establishment of Abraham Accords Office within Food and Drug
Administration.
+
TITLE VII--LOWERING PRESCRIPTION DRUG COSTS
Sec. 6701. Oversight of pharmacy benefit management services.
-Sec. 6702. Full rebate pass through to plan; exception for innocent
-plan fiduciaries.
+Sec. 6702. Full rebate pass through to plan; exception for innocent plan
+fiduciaries.
Sec. 6703. Increasing transparency in generic drug applications.
TITLE I--MEDICAID
SEC. 6101. 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.--
+``(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.
+``(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;
+``(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
+
+``(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
+
+``(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.''.
+``(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,''.
+(1) Section 1902(a)(77) of the Social Security Act (42 U.S.C.
+1396a(a)(77)) is amended by inserting ``enrollment,'' after
+``screening,''.
+(2) The subsection heading for section 1902(kk) of such Act (42
+U.S.C. 1396a(kk)) is amended by inserting ``enrollment,'' after
+``screening,''.
(3) Section 2107(e)(1)(G) of such Act (42 U.S.C.
1397gg(e)(1)(G)) is amended by inserting ``enrollment,'' after
``screening,''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 3 years after the date of enactment of this
Act.
-
SEC. 6102. 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) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended--
(A) in subclause (XV)--
-(i) by striking ``, but less than 65,'';
-and
-(ii) by inserting ``, including at least
-the group described in section 1905(a)(xviii)''
-before the semicolon at the end; and
-(B) in subclause (XVI), by inserting ``including at
-least the group described in section 1905(a)(xii),''
-after ``the State may establish,''.
+(i) by striking ``, but less than 65,''; and
+(ii) by inserting ``, including at least the group
+described in section 1905(a)(xviii)'' before the semicolon
+at the end; and
+(B) in subclause (XVI), by inserting ``including at least
+the group described in section 1905(a)(xii),'' after ``the
+State may establish,''.
(2) Individuals described.--Section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended--
(A) in clause (xvi), by striking ``or'' at the end;
-(B) in clause (xvii), by adding ``or'' after the
-comma at the end; and
-(C) by adding after clause (xvii) the following new
-clause:
-``(xviii) individuals who, but for earnings
-in excess of the limit established under
-subsection (q)(2)(B), would be considered to be
-receiving supplemental security income, and who
-are at least 16 years of age,''.
+(B) in clause (xvii), by adding ``or'' after the comma at
+the end; and
+(C) by adding after clause (xvii) the following new clause:
+``(xviii) individuals who, but for earnings in excess
+of the limit established under subsection (q)(2)(B), would
+be considered to be receiving supplemental security income,
+and who are at least 16 years of age,''.
(3) 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,''.
@@ -27738,222 +24888,194 @@
1396a(a)(10)(A)(ii)) shall not be regarded as failing to comply with
the requirements of the amendments made by subsection (a) before
January 1, 2028.
-
SEC. 6103. 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 (88), by striking ``and'' at the
-end;
-(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) beginning January 1, 2030, provide, with respect to
-an active duty relocated individual (as defined in subsection
+(A) in paragraph (88), by striking ``and'' at the end;
+(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) beginning January 1, 2030, provide, with respect to an
+active duty relocated individual (as defined in subsection
(yy)(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 (yy)(1)), such active duty
-relocated individual is on a home and community-based
-services waiting list (as defined in subsection
-(yy)(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 (yy)(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
+``(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 (yy)(1)), such active duty relocated individual is
+on a home and community-based services waiting list (as defined
+in subsection (yy)(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 (yy)(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:
``(yy) Active Duty Relocated Individual; Home and Community-based
Services Waiting List.--For purposes of subsection (a)(90) and this
subsection:
-``(1) Active duty relocated individual.--The term `active
-duty relocated individual' means an individual--
+``(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
+``(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
+``(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) or section 1915(c), 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.''.
+``(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) or
+section 1915(c), 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 2026 through 2030, to remain available until expended, to
the Secretary of Health and Human Services for purposes of implementing
the amendments made by subsection (a).
-
SEC. 6104. STATE STUDIES AND HHS REPORT ON COSTS OF PROVIDING
MATERNITY, LABOR, AND DELIVERY SERVICES.
-
(a) State Study.--
(1) In general.--Not later than 30 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'') in such form
-and manner as the Secretary requires.
-(2) Content of study.--A State study required under
-paragraph (1) shall include the following information (to the
-extent practicable and as further defined by the Secretary)
-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 hospitals that would be
-applicable hospitals (as defined in paragraph (3)) if
-not for ceasing to provide 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 allow, 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
-described in subparagraphs (A) and (B), including the
-cost of services that support the provision 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'') in such form and manner as the
+Secretary requires.
+(2) Content of study.--A State study required under paragraph
+(1) shall include the following information (to the extent
+practicable and as further defined by the Secretary) 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 hospitals that would be applicable
+hospitals (as defined in paragraph (3)) if not for ceasing to
+provide 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 allow, 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 described in subparagraphs (A) and (B),
+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--
+maternity, labor, and delivery services, by geographic location
+and hospital size, under--
(i) parts A and B of the Medicare program;
-(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
+(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 (including those
-described in paragraphs (2) and (3) of section
-447.203(b) of title 42, Code of Federal
-Regulations), and, to the extent data is
-available, such payment rates for such services
-under Medicaid managed care and 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.
+(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 (including those described in paragraphs (2) and
+(3) of section 447.203(b) of title 42, Code of Federal
+Regulations), and, to the extent data is available, such
+payment rates for such services under Medicaid managed care
+and 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.
+(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
+(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 2026, $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.
+information.--There are appropriated to the Secretary for fiscal
+year 2026, $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 18 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).
+Secretary shall issue, not later than 18 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 and 6 months after the date of enactment of this Act, the
Secretary shall submit to Congress, and make publicly available, a
@@ -27965,364 +25087,309 @@
the Treasury not otherwise obligated, $3,000,000 for fiscal year 2026,
to remain available until expended, to the Secretary of Health and
Human Services for purposes of implementing this section.
-
SEC. 6105. 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 a portion of
-fiscal year 2026'' and inserting ``2027''; and
-(2) by inserting ``, and the DSH allotment for Tennessee
-for the portion of fiscal year 2026 beginning on January 31,
-2026, and ending September 30, 2026, shall be $35,351,507,
-which may be claimed as fiscal year 2026 uncompensated care
-costs, and the DSH allotment for Tennessee for fiscal year
-2027, shall be $53,100,000'' before the period.
+(1) in the heading, by striking ``2025 and a portion of fiscal
+year 2026'' and inserting ``2027''; and
+(2) by inserting ``, and the DSH allotment for Tennessee for
+the portion of fiscal year 2026 beginning on January 31, 2026, and
+ending September 30, 2026, shall be $35,351,507, which may be
+claimed as fiscal year 2026 uncompensated care costs, and the DSH
+allotment for Tennessee for fiscal year 2027, shall be
+$53,100,000'' before the period.
(b) Eliminating Certain DSH Allotment Reductions.--Section
1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-4(f)(7)(A))
is amended--
(1) in clause (i)--
-(A) in the matter preceding subclause (I), by
-striking ``the period beginning January 31, 2026, and
-ending September 30, 2026, and for each of fiscal years
-2027 and 2028'' and inserting ``fiscal year 2028'';
-(B) in subclause (I), by striking ``or period'';
-and
-(C) in subclause (II), by striking ``or period''
-each place it appears; and
-(2) in clause (ii), by striking ``the period beginning
-January 31, 2026, and ending September 30, 2026, and for each
-of fiscal years 2027 and 2028'' and inserting ``fiscal year
-2028''.
-
+(A) in the matter preceding subclause (I), by striking
+``the period beginning January 31, 2026, and ending September
+30, 2026, and for each of fiscal years 2027 and 2028'' and
+inserting ``fiscal year 2028'';
+(B) in subclause (I), by striking ``or period''; and
+(C) in subclause (II), by striking ``or period'' each place
+it appears; and
+(2) in clause (ii), by striking ``the period beginning January
+31, 2026, and ending September 30, 2026, and for each of fiscal
+years 2027 and 2028'' and inserting ``fiscal year 2028''.
SEC. 6106. 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
+(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
+
+(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.'';
+(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)''.
+``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.
+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, 2022, 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 clause (ii),
-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 such State plan rate year as required
-under section 1923(j)(2) of the Social Security
+(A) In general.--If, for any Medicaid State plan rate year
+that begins on or after October 1, 2022, 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 clause (ii), 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 such 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 in such form and manner as the
-Secretary shall specify on such increased payment
-adjustment as part of the annual report submitted by
-the State under section 1923(j)(1) of the Social
-Security Act (42 U.S.C. 1396r-4(j)(1)) for such State
-plan rate year or, if necessary, as determined by the
-Secretary, in an amendment to such annual report.
+(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 in such
+form and manner as the Secretary shall specify on such
+increased payment adjustment as part of the annual report
+submitted by the State under section 1923(j)(1) of the Social
+Security Act (42 U.S.C. 1396r-4(j)(1)) for such State plan rate
+year or, if necessary, as determined by the Secretary, in an
+amendment to such annual report.
TITLE II--MEDICARE
SEC. 6201. 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), by striking ``during the portion
-of fiscal year 2026 beginning on January 31, 2026, and ending
-on September 30, 2026, and in fiscal year 2027'' and inserting
-``during the portion of fiscal year 2027 beginning on January
-1, 2027, and ending on September 30, 2027, and in fiscal year
-2028'';
+(1) in subparagraph (B), by striking ``during the portion of
+fiscal year 2026 beginning on January 31, 2026, and ending on
+September 30, 2026, and in fiscal year 2027'' and inserting
+``during the portion of fiscal year 2027 beginning on January 1,
+2027, and ending on September 30, 2027, and in fiscal year 2028'';
(2) in subparagraph (C)(i)--
-(A) in the matter preceding subclause (I), by
-striking ``through 2025 and the portion of fiscal year
-2026 beginning on October 1, 2025, and ending on
-January 30, 2026'' and inserting ``through 2026 and the
-portion of fiscal year 2027 beginning on October 1,
-2026, and ending on December 31, 2026'';
-(B) in subclause (III), by striking ``through 2025
-and the portion of fiscal year 2026 beginning on
-October 1, 2025, and ending on January 30, 2026'' and
-inserting ``through 2026 and the portion of fiscal year
-2027 beginning on October 1, 2026, and ending on
-December 31, 2026''; and
-(C) in subclause (IV), by striking ``the portion of
-fiscal year 2026 beginning on January 31, 2026, and
-ending on September 30, 2026, and fiscal year 2027''
-and inserting ``the portion of fiscal year 2027
-beginning on January 1, 2027, and ending on September
-30, 2027, and fiscal year 2028''; and
+(A) in the matter preceding subclause (I), by striking
+``through 2025 and the portion of fiscal year 2026 beginning on
+October 1, 2025, and ending on January 30, 2026'' and inserting
+``through 2026 and the portion of fiscal year 2027 beginning on
+October 1, 2026, and ending on December 31, 2026'';
+(B) in subclause (III), by striking ``through 2025 and the
+portion of fiscal year 2026 beginning on October 1, 2025, and
+ending on January 30, 2026'' and inserting ``through 2026 and
+the portion of fiscal year 2027 beginning on October 1, 2026,
+and ending on December 31, 2026''; and
+(C) in subclause (IV), by striking ``the portion of fiscal
+year 2026 beginning on January 31, 2026, and ending on
+September 30, 2026, and fiscal year 2027'' and inserting ``the
+portion of fiscal year 2027 beginning on January 1, 2027, and
+ending on September 30, 2027, and fiscal year 2028''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
-``through 2025 or during the portion of fiscal year
-2026 beginning on October 1, 2025, and ending on
-January 30, 2026'' and inserting ``through 2026 or
-during the portion of fiscal year 2027 beginning on
-October 1, 2026, and ending on December 31, 2026''; and
-(B) in clause (ii), by striking ``through 2025 and
-the portion of fiscal year 2026 beginning on October 1,
-2025, and ending on January 30, 2026'' and inserting
-``through 2026 and the portion of fiscal year 2027
-beginning on October 1, 2026, and ending on December
-31, 2026''.
+``through 2025 or during the portion of fiscal year 2026
+beginning on October 1, 2025, and ending on January 30, 2026''
+and inserting ``through 2026 or during the portion of fiscal
+year 2027 beginning on October 1, 2026, and ending on December
+31, 2026''; and
+(B) in clause (ii), by striking ``through 2025 and the
+portion of fiscal year 2026 beginning on October 1, 2025, and
+ending on January 30, 2026'' and inserting ``through 2026 and
+the portion of fiscal year 2027 beginning on October 1, 2026,
+and ending on December 31, 2026''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
-
SEC. 6202. 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 31, 2026'' and
inserting ``January 1, 2027''; and
-(2) in clause (ii)(II), by striking ``January 31, 2026''
-and inserting ``January 1, 2027''.
+(2) in clause (ii)(II), by striking ``January 31, 2026'' and
+inserting ``January 1, 2027''.
(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--
+(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 31, 2026'' and inserting ``January 1, 2027'';
-and
-(B) in clause (iv), by striking ``through fiscal
-year 2025 and the portion of fiscal year 2026 beginning
-on October 1, 2025, and ending on January 30, 2026''
-and inserting ``through fiscal year 2026 and the
-portion of fiscal year 2027 beginning on October 1,
-2026, and ending on December 31, 2026''.
-(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 by striking ``through
-fiscal year 2025, or the portion of fiscal year 2026 beginning
-on October 1, 2025, and ending on January 30, 2026'' and
-inserting ``through fiscal year 2026, or the portion of fiscal
-year 2027 beginning on October 1, 2026, and ending on December
-31, 2026''.
-
+``January 31, 2026'' and inserting ``January 1, 2027''; and
+(B) in clause (iv), by striking ``through fiscal year 2025
+and the portion of fiscal year 2026 beginning on October 1,
+2025, and ending on January 30, 2026'' and inserting ``through
+fiscal year 2026 and the portion of fiscal year 2027 beginning
+on October 1, 2026, and ending on December 31, 2026''.
+(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 by striking ``through fiscal year
+2025, or the portion of fiscal year 2026 beginning on October 1,
+2025, and ending on January 30, 2026'' and inserting ``through
+fiscal year 2026, or the portion of fiscal year 2027 beginning on
+October 1, 2026, and ending on December 31, 2026''.
SEC. 6203. 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 31, 2026''
-and inserting ``January 1, 2028''; and
-(2) in paragraph (13), by striking ``January 31, 2026''
-each place it appears and inserting ``January 1, 2028'' in each
-such place.
-
+(1) in paragraph (12)(A), by striking ``January 31, 2026'' and
+inserting ``January 1, 2028''; and
+(2) in paragraph (13), by striking ``January 31, 2026'' each
+place it appears and inserting ``January 1, 2028'' in each such
+place.
SEC. 6204. 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 inserting ``, and during 2028,'' after
-``with 2026''; and
+(A) by inserting ``, and during 2028,'' after ``with
+2026''; and
(B) by inserting ``, or, with respect to 2028, 3.1
percent'' after ``1.88 percent'';
(2) in paragraph (2)--
(A) in subparagraph (B)--
-(i) in the heading, by inserting ``and
-2028'' after ``2026''; and
-(ii) in the matter preceding clause (i), by
-inserting ``and 2028'' after ``2026'';
+(i) in the heading, by inserting ``and 2028'' after
+``2026''; and
+(ii) in the matter preceding clause (i), by inserting
+``and 2028'' after ``2026'';
(B) in subparagraph (C)--
-(i) in the heading, by striking ``Beginning
-in 2027'' and inserting ``2027 and 2029 and
-subsequent years''; and
-(ii) in the matter preceding clause (i), by
-inserting ``and 2029'' after ``2027''; and
-(C) in subparagraph (D), by striking ``and 2026''
-and inserting ``2026, and 2028''; and
-(3) in paragraph (4)(B), by inserting ``, or, with respect
-to 2028, 3.1 percent'' after ``1.88 percent''.
+(i) in the heading, by striking ``Beginning in 2027''
+and inserting ``2027 and 2029 and subsequent years''; and
+(ii) in the matter preceding clause (i), by inserting
+``and 2029'' after ``2027''; and
+(C) in subparagraph (D), by striking ``and 2026'' and
+inserting ``2026, and 2028''; and
+(3) in paragraph (4)(B), by inserting ``, or, with respect to
+2028, 3.1 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 inserting ``and 2028'' after
``2026''; and
(2) in subclause (III), by inserting ``and 2029'' after
``2027''.
-
SEC. 6205. 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 $13,300,000'' and inserting
``$13,300,000''; and
-(B) by inserting the following before the period at
-the end: ``, and $15,100,000 for fiscal year 2027'';
-and
+(B) by inserting the following before the period at the
+end: ``, and $15,100,000 for fiscal year 2027''; and
(2) in the third sentence, by striking ``and 2026'' and
inserting ``2026, and 2027''.
-
SEC. 6206. 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 (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
-(3) by inserting after clause (xv) the following new
-clause:
-``(xvi) for the period beginning on January
-31, 2026, and ending on December 31, 2027,
-$30,000,000.''.
+(3) by inserting after clause (xv) the following new clause:
+``(xvi) for the period beginning on January 31, 2026,
+and ending on December 31, 2027, $30,000,000.''.
(b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section
119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
-(3) by inserting after clause (xv) the following new
-clause:
-``(xvi) for the period beginning on January
-31, 2026, and ending on December 31, 2027,
-$30,000,000.''.
+(3) by inserting after clause (xv) the following new clause:
+``(xvi) for the period beginning on January 31, 2026,
+and ending on December 31, 2027, $30,000,000.''.
(c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
such section 119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
-(3) by inserting after clause (xv) the following new
-clause:
-``(xvi) for the period beginning on January
-31, 2026, and ending on December 31, 2027,
-$10,000,000.''.
+(3) by inserting after clause (xv) the following new clause:
+``(xvi) for the period beginning on January 31, 2026,
+and ending on December 31, 2027, $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 (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
-(3) by inserting after clause (xv) the following new
-clause:
-``(xvi) for the period beginning on January 31,
-2026, and ending on December 31, 2027, $30,000,000.''.
-
+(3) by inserting after clause (xv) the following new clause:
+``(xvi) for the period beginning on January 31, 2026, and
+ending on December 31, 2027, $30,000,000.''.
SEC. 6207. EXTENSION OF FUNDING FOR MEDICARE HOSPICE SURVEYS.
-
Section 3(a)(2) of the IMPACT Act of 2014 (Public Law 113-185), as
amended by section 6205 of division F of the Continuing Appropriations,
Agriculture, Legislative Branch, Military Construction and Veterans
Affairs, and Extensions Act, 2026 (Public Law 119-37), is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
-(2) in subparagraph (C), by striking the period at the end
-and inserting ``; and''; and
+(2) in subparagraph (C), by striking the period at the end and
+inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
-``(D) $4,400,000 for the period beginning on
-January 31, 2026, and ending on December 31, 2026, to
-remain available until expended.''.
-
+``(D) $4,400,000 for the period beginning on January 31,
+2026, and ending on December 31, 2026, to remain available
+until expended.''.
SEC. 6208. 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 31, 2026'' and inserting
``January 1, 2027''.
-
SEC. 6209. 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 January
-30, 2026'' and inserting ``ending December 31, 2027''; and
-(2) in paragraph (4)(C)(iii), by striking ``ending on
-January 30, 2026'' and inserting ``ending on December 31,
-2027''.
+(1) in paragraph (2)(B)(iii), by striking ``ending January 30,
+2026'' and inserting ``ending December 31, 2027''; and
+(2) in paragraph (4)(C)(iii), by striking ``ending on January
+30, 2026'' and inserting ``ending on December 31, 2027''.
(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 January 30, 2026''
@@ -28334,20 +25401,19 @@
(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 January 31, 2026'' and inserting ``on or after January 1,
-2028''.
-(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 31, 2026''
-and inserting ``January 1, 2028''.
+(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 January
+31, 2026'' and inserting ``on or after January 1, 2028''.
+(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 31, 2026'' and
+inserting ``January 1, 2028''.
(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
-31, 2026'' and inserting ``January 1, 2028''.
+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 31,
+2026'' and inserting ``January 1, 2028''.
(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 January 30, 2026'' and
@@ -28358,29 +25424,26 @@
Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended--
(A) by striking ``ending on January 30, 2026'' and
inserting ``ending on December 31, 2027''; and
-(B) by inserting ``, except that this subclause
-shall not apply in the case of such an encounter with
-an individual occurring on or after January 31, 2026,
-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
+(B) by inserting ``, except that this subclause shall not
+apply in the case of such an encounter with an individual
+occurring on or after January 31, 2026, 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.
-(2) Requiring use of modifier.--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 paragraph (1), is further
-amended by inserting ``, but only if, in the case of such an
-encounter occurring on or after January 1, 2027, 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''.
+(2) Requiring use of modifier.--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 paragraph (1), is further amended by inserting ``, but
+only if, in the case of such an encounter occurring on or after
+January 1, 2027, 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''.
(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:
@@ -28388,143 +25451,120 @@
later than January 1, 2027, the Secretary shall establish
requirements to include one 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.''.
+``(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) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
-
SEC. 6210. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVER FLEXIBILITIES.
-
(a) In General.--Section 1866G(a)(1) of the Social Security Act (42
U.S.C. 1395cc-7(a)(1)) is amended by striking ``January 30, 2026'' and
inserting ``September 30, 2030''.
(b) Requiring Additional Study and Report.--Section 1866G of the
Social Security Act (42 U.S.C. 1395cc-7) is amended--
(1) in subsection (a)(3)(E)--
-(A) in clause (ii), by striking ``the study
-described in subsection (b)'' and inserting ``the
-studies described in subsections (b) and (c)''; and
-(B) 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
+(A) in clause (ii), by striking ``the study described in
+subsection (b)'' and inserting ``the studies described in
+subsections (b) and (c)''; and
+(B) 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.'';
(2) in subsection (b)--
-(A) in the subsection heading, by striking
-``Study'' and inserting ``Initial Study''; and
-(B) in paragraph (3), by striking ``subsection''
-and inserting ``section'';
-(3) by redesignating subsections (c) and (d) as subsections
-(d) and (e), respectively;
+(A) in the subsection heading, by striking ``Study'' and
+inserting ``Initial Study''; and
+(B) in paragraph (3), by striking ``subsection'' and
+inserting ``section'';
+(3) by redesignating subsections (c) and (d) as subsections (d)
+and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Subsequent Study and Report.--
``(1) In general.--Not later than September 30, 2029, 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
+``(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
+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, 2029, the
-Secretary of Health and Human Services shall--
-``(A) submit to the Committee on Ways and Means of
-the House of Representatives and the Committee on
-Finance of the Senate a report on the study conducted
-under paragraph (1); and
-``(B) make such report publicly available on a
-website of the Centers for Medicare & Medicaid
-Services.
+``(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, 2029, the Secretary
+of Health and Human Services shall--
+``(A) submit to the Committee on Ways and Means of the
+House of Representatives and the Committee on Finance of the
+Senate a report on the study conducted under paragraph (1); and
+``(B) make such report publicly available on a website of
+the Centers for Medicare & Medicaid Services.
``(4) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
-Services Program Management Account for fiscal year 2026, out
-of any amounts in the Treasury not otherwise appropriated,
-$2,500,000, to remain available until expended, for purposes of
-carrying out this section.''; and
+Services Program Management Account for fiscal year 2026, out of
+any amounts in the Treasury not otherwise appropriated, $2,500,000,
+to remain available until expended, for purposes of carrying out
+this section.''; and
(5) in subsection (e), as redesignated by paragraph (3), by
striking ``and (b)(1)'' and inserting ``, (b)(1), and (c)(1)''.
-
SEC. 6211. IN-HOME CARDIOPULMONARY REHABILITATION FLEXIBILITY.
-
(a) In General.--Section 1861(eee)(2)(A)(ii) of the Social Security
Act (42 U.S.C. 1395x(eee)(2)(A)(ii)) is amended by inserting
``(including, with respect to items and services furnished through
@@ -28535,48 +25575,42 @@
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendment
made by subsection (a) by program instruction or otherwise.
-
SEC. 6212. 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:
+(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,
-2029, for purposes of the Master List described in
-section 414.234(b) of title 42, Code of Federal
-Regulations (or any successor regulation), in
-determining which items have aberrant billing patterns
-(as such term is used for purposes of such section),
-the Secretary shall also treat an item for which
-payment may be made under this subsection as having
-such an aberrant billing pattern 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, 2029, 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
+``(A) Master list inclusion.--Beginning January 1, 2029,
+for purposes of the Master List described in section 414.234(b)
+of title 42, Code of Federal Regulations (or any successor
+regulation), in determining which items have aberrant billing
+patterns (as such term is used for purposes of such section),
+the Secretary shall also treat an item for which payment may be
+made under this subsection as having such an aberrant billing
+pattern 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, 2029, 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.
+(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, 2028, the Inspector General of the Department of Health and
@@ -28589,43 +25623,40 @@
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.
+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.
(c) Funding.--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, $1,200,000 for fiscal year 2026, to remain available
until expended, to carry out this section.
-
SEC. 6213. GUIDANCE ON FURNISHING SERVICES VIA TELEHEALTH TO
INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY.
-
(a) In General.--Not later than 1 year after the date of enactment
of this section, the Secretary of Health and Human Services, in
consultation with 1 or more entities from each of the categories
@@ -28634,22 +25665,20 @@
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.
+(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.
+(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.
+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:
@@ -28657,8 +25686,7 @@
including--
(A) electronic medical record companies;
(B) remote patient monitoring companies; and
-(C) telehealth or mobile health vendors and
-companies.
+(C) telehealth or mobile health vendors and companies.
(2) Health care providers, including--
(A) physicians; and
(B) hospitals.
@@ -28667,44 +25695,39 @@
(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.
-
+(7) Patient and consumer advocates, including such advocates
+that work with individuals with limited English proficiency.
SEC. 6214. INCLUSION OF VIRTUAL DIABETES PREVENTION PROGRAM SUPPLIERS
IN MDPP EXPANDED MODEL.
-
(a) In General.--For the period beginning on January 1, 2026, and
ending on December 31, 2029--
-(1) an entity may participate in the MDPP by offering only
-MDPP services via distance learning or online delivery
-modalities if such entity meets the conditions for enrollment
-as an MDPP supplier;
+(1) an entity may participate in the MDPP by offering only MDPP
+services via distance learning or online delivery modalities if
+such entity meets the conditions for enrollment as an MDPP
+supplier;
(2) if an entity participates in the MDPP in the manner
described in paragraph (1), 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.
+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 (as such term is defined in section
-410.79(b) of title 42, Code of Federal Regulations).
-(2) Regulatory terms.--The terms ``distance learning'',
-``MDPP beneficiary'', ``MDPP services'', ``MDPP supplier'', and
-``online'' have the meanings given such terms 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.
+Prevention Program (as such term is defined in section 410.79(b) of
+title 42, Code of Federal Regulations).
+(2) Regulatory terms.--The terms ``distance learning'', ``MDPP
+beneficiary'', ``MDPP services'', ``MDPP supplier'', and ``online''
+have the meanings given such terms 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.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement this section by program instruction or
otherwise.
-
SEC. 6215. MEDICATION-INDUCED MOVEMENT DISORDER OUTREACH AND EDUCATION.
-
Not later than January 1, 2028, the Secretary of Health and Human
Services shall use existing communications mechanisms to provide
education and outreach to physicians and appropriate non-physician
@@ -28721,9 +25744,7 @@
education and outreach may also address other relevant screening
services furnished through telehealth, as the Secretary determines
appropriate.
-
SEC. 6216. 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
@@ -28732,524 +25753,443 @@
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
+(2) an examination of the benefits and challenges of artificial
+intelligence to augment such capabilities; and
(3) policy options to enhance the benefits and mitigate
potential challenges of developing or using such devices.
-
SEC. 6217. 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 ``January 30, 2026'' and
inserting ``December 31, 2026''.
-
SEC. 6218. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP AMOUNT
UNDER MEDICARE.
-
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
``2035''; and
(2) in clause (iii), by striking ``2033'' and inserting
``2035''.
-
SEC. 6219. 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-- ``
+(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 2028--
-``(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 2028 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
+
+``(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 2028 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,
+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 2028)''
after ``a subsequent year''.
-
SEC. 6220. 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:
-``, and, in the case of a specified MA plan (as defined
-in paragraph (3)(C)), for plan year 2028 and subsequent
-plan years, the information described in paragraph
-(3)(B)''; and
+(A) by striking ``plan, and any'' and inserting ``plan,
+any''; and
+(B) by inserting the following before the period: ``, and,
+in the case of a specified MA plan (as defined in paragraph
+(3)(C)), for plan year 2028 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 2028 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 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
+``(A) In general.--For plan year 2028 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 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 addresses where items or services are
-furnished, 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.''.
+``(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
+addresses where items or services are furnished, 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--
+(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) for plan year 2028 and subsequent
-plan years, in the case of a specified MA plan
-(as defined in subsection (c)(3)(C)), the
-services were furnished by a provider that was
-not participating in the network of such plan
-but was listed in the provider directory of
-such plan on the date on which the appointment
-was 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 2028 and
-subsequent plan years, if an enrollee in a specified MA
-plan (as defined in subsection (c)(3)(C)) is furnished
-an item or service by a provider that is not
-participating in the network of such plan 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 2028
-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 the
-first explanation of benefits issued in a plan
-year.''.
+(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) for plan year 2028 and subsequent plan years, in
+the case of a specified MA plan (as defined in subsection
+(c)(3)(C)), the services were furnished by a provider that
+was not participating in the network of such plan but was
+listed in the provider directory of such plan on the date
+on which the appointment was 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 2028 and subsequent plan
+years, if an enrollee in a specified MA plan (as defined in
+subsection (c)(3)(C)) is furnished an item or service by a
+provider that is not participating in the network of such plan
+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 2028 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 the first explanation
+of benefits issued in a plan year.''.
(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:
+(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, 2028, 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)).
+``(A) In general.--Beginning with plan years beginning on
+or after January 1, 2028, 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
+``(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, 2029, the Secretary
-shall post accuracy scores (as reported under
-subparagraph (A)(ii)), in a machine readable file, on
-an internet website maintained by 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, 2029, in the
-case of a specified MA plan (as defined in section
-1852(c)(3)(C)), 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 2026, to
-remain available until expended, to carry out the
+``(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, 2029, the Secretary shall post accuracy
+scores (as reported under subparagraph (A)(ii)), in a machine
+readable file, on an internet website maintained by 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, 2029, in the case of a
+specified MA plan (as defined in section 1852(c)(3)(C)), 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
+2026, 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 submitted to the
-Secretary of Health and Human Services 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.
+(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 submitted to the Secretary of Health and
+Human Services 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, 2033, 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.
+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 6 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 18 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.
+(A) In general.--Not later than 6 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 18 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 that may be useful to include in
-provider directories for Medicare beneficiaries to use
-in assessing plan networks when selecting a plan and
-accessing providers participating in plan networks
-during the plan year.
+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 that may be useful to include in provider
+directories for Medicare beneficiaries to use in assessing 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 (or a successor system) for
-information changes.
-
+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 (or a
+successor system) for information changes.
SEC. 6221. 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
+(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;
+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
+``(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.''.
+``(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:
+(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.
+``(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--
+``(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.
+``(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.''.
+``(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--
+(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))''.
+
+(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.
+(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.
(d) 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, $2,000,000 for fiscal year 2026, to remain available
until expended, to carry out this section.
-
SEC. 6222. 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
@@ -29261,393 +26201,326 @@
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--
+``(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) at infusion rates that the Secretary determines would
+require the use of an external infusion pump.''.
(b) Cost Sharing Notification.--The Secretary of Health and Human
Services shall ensure that patients are notified of the cost sharing
for electing home infusion therapy compared to other applicable
settings of care for the furnishing of infusion drugs under the
Medicare program.
-
SEC. 6223. 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.
+``(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,
-2029, 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 2028, 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, 2027, 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.''.
+
+``(I) In general.--Notwithstanding any other
+provision of law, for plan years beginning on or after
+January 1, 2029, 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 2028, 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, 2027, 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
+``(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
+``(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
+``(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.
+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
+``(A) is not a pharmacy that is an affiliate as defined in
+paragraph (4); and
``(B) is located in--
-``(i) a rural area in which there is no
-other retail pharmacy within 10 miles, as
-determined by the Secretary;
-``(ii) a suburban area in which there is no
-other retail pharmacy within 2 miles, as
-determined by the Secretary; or
-``(iii) an urban area in which there is no
-other retail pharmacy within 1 mile, as
-determined by the Secretary.
+``(i) a rural area in which there is no other retail
+pharmacy within 10 miles, as determined by the Secretary;
+``(ii) a suburban area in which there is no other
+retail pharmacy within 2 miles, as determined by the
+Secretary; or
+``(iii) 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 retail 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
+``(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 retail 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.--
+(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, 2029, 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.
+
+``(I) In general.--Not later than January 1, 2029,
+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
+
+``(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
+``(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).
+``(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) or the provisions of clause
-(i)(VIII) of this subparagraph, 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).''.
+
+``(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) or the provisions of clause
+(i)(VIII) of this subparagraph, 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
-violates the provisions of subparagraph (F)(i)(VIII) of
-such section; 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)''.
+(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 violates the provisions of
+subparagraph (F)(i)(VIII) of such section; 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:
+(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,
-2029, 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,
-2029, section 1860D-12(b)(9).''.
+conditions.--For plan years beginning on or after January 1, 2029,
+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, 2029, 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
@@ -29656,987 +26529,783 @@
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).
+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.''.
+``(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 2026, to remain available
until expended, to carry out this section.
-
SEC. 6224. 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:
+(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
-or an affiliate of 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
+``(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 or an affiliate of 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, discounts, and other price concessions
-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 affiliate of the
-pharmacy benefit manager.
+``(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, discounts, and other price
+concessions 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 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;
+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.
+
+``(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
+``(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
+
+``(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 dispensers;
-``(dd) the average
-wholesale acquisition cost,
-listed as cost per day's
-supply, cost per dosage unit,
-and cost per typical course of
+``(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 dispensers;
+``(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);
-``(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
+``(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
+``(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;
-``(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
+``(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 products 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.
-``(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 products
-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
+``(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 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 manufacturer (or subsidiary, agent, or
+entity affiliated with such 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.
-``(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 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 manufacturer (or
-subsidiary, agent, or entity affiliated
-with such 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 reported 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.
+``(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 reported 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
+``(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.
+``(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.
+``(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.
+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
+``(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.
-``(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
+``(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.
+``(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)), as amended by section
-6223(d)(2), is amended by adding at the end the following new
-subparagraph:
-``(G) 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.
+``(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)), as amended by section 6223(d)(2), is
+amended by adding at the end the following new subparagraph:
+``(G) 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 2026, 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 2026, to
-remain available until expended, to carry out this
-subsection.
+(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 2026, 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 2026, 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--
+(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;
+(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.).
+(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
+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.
+(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 2026, to remain
-available until expended, to carry out this subsection.
-
+(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 2026, to remain available until expended, to carry
+out this subsection.
SEC. 6225. REQUIRING A SEPARATE IDENTIFICATION NUMBER AND AN
-ATTESTATION FOR EACH OFF-CAMPUS OUTPATIENT DEPARTMENT OF
-A PROVIDER.
-
+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, 2028, 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
-National Provider Identifier 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), which, until the
-Secretary establishes the process described in
-subparagraph (B), may include an attestation
-submitted in accordance with paragraph (b)(3)
-of such section (as in effect on the date of
-enactment of this paragraph); 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.
+``(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, 2028, 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 National Provider Identifier
+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), which,
+until the Secretary establishes the process described in
+subparagraph (B), may include an attestation submitted in
+accordance with paragraph (b)(3) of such section (as in
+effect on the date of enactment of this paragraph); 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.--
-``(i) In general.--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.
-``(ii) Funding.--In addition to amounts
-otherwise available, there is appropriated to
-the Centers for Medicare & Medicaid Services
-Program Management Account for fiscal year
-2026, out of any amounts in the Treasury not
-otherwise appropriated, $20,000,000, to remain
-available until expended, for purposes of
-carrying out this 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).''.
+``(i) In general.--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.
+``(ii) Funding.--In addition to amounts otherwise
+available, there is appropriated to the Centers for
+Medicare & Medicaid Services Program Management Account for
+fiscal year 2026, out of any amounts in the Treasury not
+otherwise appropriated, $20,000,000, to remain available
+until expended, for purposes of carrying out this
+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.
-
+(1) an analysis of the process established by the Secretary of
+Health and Human Services to conduct the reviews and determinations
+described in section 1833(t)(23)(B) of the Social Security Act, as
+added by subsection (a) of this section; and
+(2) recommendations based on such analysis, as the Inspector
+General determines appropriate.
SEC. 6226. REVISING PHASE-IN OF MEDICARE CLINICAL LABORATORY TEST
PAYMENT CHANGES.
-
(a) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security Act (42
U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``2028'' and inserting
``2029''; and
(2) in subparagraph (B)--
-(A) in clause (ii), by striking ``2025 and for the
-period beginning on January 1, 2026, and ending on
-January 30, 2026'' and inserting ``2026''; and
-(B) in clause (iii), by striking ``the period
-beginning on January 31, 2026, and ending on December
-31, 2026, and for each of 2027 and 2028'' and inserting
-``each of 2027 through 2029''.
+(A) in clause (ii), by striking ``2025 and for the period
+beginning on January 1, 2026, and ending on January 30, 2026''
+and inserting ``2026''; and
+(B) in clause (iii), by striking ``the period beginning on
+January 31, 2026, and ending on December 31, 2026, and for each
+of 2027 and 2028'' and inserting ``each of 2027 through 2029''.
(b) Revised Data Collection Period for Reporting of Private Sector
Payment Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(4)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(4)(B))
@@ -30648,36 +27317,32 @@
is amended--
(1) in clause (i), by striking ``January 31'' and inserting
``April 30''; and
-(2) in clause (ii), by striking ``February 1, 2026, and
-ending April 30, 2026'' and inserting ``May 1, 2026, and ending
-July 31, 2026''.
+(2) in clause (ii), by striking ``February 1, 2026, and ending
+April 30, 2026'' and inserting ``May 1, 2026, and ending July 31,
+2026''.
(d) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
-
SEC. 6227. 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 for such fiscal year.''; and
+that follows and inserting ``such that the payment reduction shall
+be 2.0 percent for such fiscal year.''; 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 5 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 7 months in which
-such order is effective for such fiscal year, the
-payment reduction shall be 0 percent.''.
-
+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 5 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 7 months in which such
+order is effective for such fiscal year, the payment reduction
+shall be 0 percent.''.
SEC. 6228. MEDICARE IMPROVEMENT FUND.
-
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$1,403,000,000'' and inserting
``$2,062,000,000''.
@@ -30685,79 +27350,69 @@
TITLE III--HUMAN SERVICES
SEC. 6301. 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 ``2025, and for the period
-beginning on October 1, 2025, and ending on
-January 30, 2026'' and inserting ``2026, and
-for the period beginning on October 1, 2026,
-and ending on December 31, 2026''; and
-(ii) by striking ``fiscal year 2026'' and
-inserting ``fiscal year 2027''; and
+(i) by striking ``2025, and for the period beginning on
+October 1, 2025, and ending on January 30, 2026'' and
+inserting ``2026, and for the period beginning on October
+1, 2026, and ending on December 31, 2026''; and
+(ii) by striking ``fiscal year 2026'' and inserting
+``fiscal year 2027''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
-(I) by striking ``through 2025''
-and inserting ``through 2026''; and
-(II) by striking ``fiscal year
-2026'' each place it appears and
-inserting ``fiscal year 2027''; and
-(ii) in subparagraph (B)(i), by striking
-``2026'' and inserting ``2027''; and
-(2) in subsection (f)(1) by striking ``2025, and for the
-period beginning on October 1, 2025, and ending on January 30,
-2026, an amount equal to the pro rata portion of the amount
-appropriated for the corresponding period for fiscal year
-2025'' and inserting ``2026, and for the period beginning on
-October 1, 2026, and ending on December 31, 2026, an amount
-equal to the pro rata portion of the amount appropriated for
-the corresponding period for fiscal year 2026''.
-
+
+(I) by striking ``through 2025'' and inserting
+``through 2026''; and
+(II) by striking ``fiscal year 2026'' each place it
+appears and inserting ``fiscal year 2027''; and
+
+(ii) in subparagraph (B)(i), by striking ``2026'' and
+inserting ``2027''; and
+(2) in subsection (f)(1) by striking ``2025, and for the period
+beginning on October 1, 2025, and ending on January 30, 2026, an
+amount equal to the pro rata portion of the amount appropriated for
+the corresponding period for fiscal year 2025'' and inserting
+``2026, and for the period beginning on October 1, 2026, and ending
+on December 31, 2026, an amount equal to the pro rata portion of
+the amount appropriated for the corresponding period for fiscal
+year 2026''.
SEC. 6302. 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), by striking ``2025, and for the period
-beginning on October 1, 2025, and ending on January 30,
-2026'' and inserting ``2026, and for the period
-beginning on October 1, 2026, and ending on December
-31, 2026''; and
-(B) in subparagraph (B)(i), by striking ``fiscal
-years 2024 and 2025, and for the period beginning on
-October 1, 2025, and ending on January 30, 2026'' and
-inserting ``fiscal years 2025 and 2026, and for the
-period beginning on October 1, 2026, and ending on
-December 31, 2026'';
-(2) in subsection (c)(3), by striking ``2026'' and
-inserting ``2027''; and
-(3) in subsection (f), by striking ``2025, and for the
-period beginning on October 1, 2025, and ending on January 30,
-2026, an amount equal to the pro rata portion of the amount
-appropriated for the corresponding period for fiscal year
-2025'' and inserting ``2026, and for the period beginning on
-October 1, 2026, and ending on December 31, 2026, an amount
-equal to the pro rata portion of the amount appropriated for
-the corresponding period for fiscal year 2026''.
-
+(A) in subparagraph (A), in the matter preceding clause
+(i), by striking ``2025, and for the period beginning on
+October 1, 2025, and ending on January 30, 2026'' and inserting
+``2026, and for the period beginning on October 1, 2026, and
+ending on December 31, 2026''; and
+(B) in subparagraph (B)(i), by striking ``fiscal years 2024
+and 2025, and for the period beginning on October 1, 2025, and
+ending on January 30, 2026'' and inserting ``fiscal years 2025
+and 2026, and for the period beginning on October 1, 2026, and
+ending on December 31, 2026'';
+(2) in subsection (c)(3), by striking ``2026'' and inserting
+``2027''; and
+(3) in subsection (f), by striking ``2025, and for the period
+beginning on October 1, 2025, and ending on January 30, 2026, an
+amount equal to the pro rata portion of the amount appropriated for
+the corresponding period for fiscal year 2025'' and inserting
+``2026, and for the period beginning on October 1, 2026, and ending
+on December 31, 2026, an amount equal to the pro rata portion of
+the amount appropriated for the corresponding period for fiscal
+year 2026''.
SEC. 6303. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
-
Section 501(c)(1)(A) of the Social Security Act (42 U.S.C.
701(c)(1)(A)) is amended--
-(1) in clause (viii), by striking ``for fiscal year 2025''
-and inserting ``for each of fiscal years 2025 and 2026''; and
-(2) in clause (ix), by striking ``October 1, 2025, and
-ending on January 30, 2026, an amount equal to the pro rata
-portion of the amount appropriated for fiscal year 2025'' and
-inserting ``October 1, 2026, and ending on December 31, 2026,
-an amount equal to the pro rata portion of the amount
-appropriated for fiscal year 2026''.
-
+(1) in clause (viii), by striking ``for fiscal year 2025'' and
+inserting ``for each of fiscal years 2025 and 2026''; and
+(2) in clause (ix), by striking ``October 1, 2025, and ending
+on January 30, 2026, an amount equal to the pro rata portion of the
+amount appropriated for fiscal year 2025'' and inserting ``October
+1, 2026, and ending on December 31, 2026, an amount equal to the
+pro rata portion of the amount appropriated for fiscal year 2026''.
SEC. 6304. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM.
-
Activities authorized by part A of title IV of the Social Security
Act (other than under section 403(c) or 418 of such Act) and section
1108(b) of the Social Security Act shall continue through December 31,
@@ -30767,13 +27422,10 @@
purpose.
TITLE IV--PUBLIC HEALTH AND OTHER EXTENDERS
-
Subtitle A--Extensions
SEC. 6401. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH
-SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE
-GME PROGRAMS.
-
+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 by striking subparagraphs (H), (I), (J), and (K) and
@@ -30781,9 +27433,8 @@
``(H) $4,236,712,328 for fiscal year 2024;
``(I) $4,295,287,671 for fiscal year 2025;
``(J) $4,600,000,000 for fiscal year 2026; and
-``(K) $1,159,452,055 for the period beginning on
-October 1, 2026, and ending on December 31, 2026;
-and''.
+``(K) $1,159,452,055 for the period beginning on October 1,
+2026, and ending on December 31, 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 by striking subparagraphs (I), (J),
@@ -30791,8 +27442,8 @@
``(I) $341,208,605 for fiscal year 2024;
``(J) $349,736,600 for fiscal year 2025;
``(K) $350,000,000 for fiscal year 2026; and
-``(L) $88,219,178 for the period beginning on
-October 1, 2026, and ending on December 31, 2026.''.
+``(L) $88,219,178 for the period beginning on October 1,
+2026, and ending on December 31, 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 by striking subparagraphs (D), (E), (F),
@@ -30816,9 +27467,7 @@
Agriculture, Legislative Branch, Military Construction and Veterans
Affairs, and Extensions Act, 2026, and section 6401(d) of the
Consolidated Appropriations Act, 2026''.
-
SEC. 6402. 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 by striking subparagraphs (E), (F), (G), and (H)
@@ -30829,9 +27478,9 @@
available until expended;
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended; and
-``(H) $50,410,959 for the period beginning on
-October 1, 2026, and ending on December 31, 2026, to
-remain available until expended.''.
+``(H) $50,410,959 for the period beginning on October 1,
+2026, and ending on December 31, 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 by striking subparagraphs (E), (F), (G), and (H)
@@ -30842,12 +27491,10 @@
available until expended;
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended; and
-``(H) $50,410,959 for the period beginning on
-October 1, 2026, and ending on December 31, 2026, to
-remain available until expended.''.
-
+``(H) $50,410,959 for the period beginning on October 1,
+2026, and ending on December 31, 2026, to remain available
+until expended.''.
SEC. 6403. EXTENSION OF NATIONAL HEALTH SECURITY PROGRAMS.
-
(a) Section 319(e)(8) of the Public Health Service Act (42 U.S.C.
247d(e)(8)) is amended by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
@@ -30869,9 +27516,7 @@
(g) Section 2812(c)(4)(B) of the Public Health Service Act (42
U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``January 30, 2026''
and inserting ``December 31, 2026''.
-
SEC. 6404. NO SURPRISES ACT IMPLEMENTATION.
-
Section 118(a) of division BB of the Consolidated Appropriations
Act, 2021 (Public Law 116-260) is amended--
(1) in paragraph (1), by striking ``January 30, 2026'' and
@@ -30885,76 +27530,64 @@
Subtitle B--World Trade Center Health Program
SEC. 6411. 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 1.07;
+``(xi) for each of fiscal years 2026 through 2040--
+
+``(I) the amount determined under this subparagraph
+for the previous fiscal year multiplied by 1.07;
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''.
+
+``(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--
+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 the 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
+(B) the majority and minority leaders of the Senate;
+(C) the Committee on Health, Education, Labor, and Pensions
+and the 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
+(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.
+(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
@@ -30967,157 +27600,142 @@
TITLE V--PUBLIC HEALTH PROGRAMS
SEC. 6501. PREVENTING MATERNAL DEATHS.
-
(a) Maternal Mortality Review Committees.--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
+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
-individuals responsible for certifying deaths to
-improve the collection and quality of death record
-reports, including by amending errors and missing or
-incomplete information to cause-of-death information on
-a death certificate, as appropriate''.
+(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 individuals responsible
+for certifying deaths to improve the collection and quality of
+death record reports, including by amending errors and missing
+or incomplete information to cause-of-death information on a
+death certificate, as appropriate''.
(b) 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
+(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, identify and disseminate
-to health care providers, relevant professional societies, and
-perinatal quality collaboratives, best practices related to
-preventing maternal morbidity and mortality, taking into
-consideration any relevant findings from other 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.''.
+``(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, identify and disseminate to health care
+providers, relevant professional societies, and perinatal quality
+collaboratives, best practices related to preventing maternal
+morbidity and mortality, taking into consideration any relevant
+findings from other 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) Authorization of Appropriations.--Subsection (g) of section
317K of the Public Health Service Act (42 U.S.C. 247b-12), as
redesignated by subsection (b)(1), 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 2026 through 2030''.
-
SEC. 6502. 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;
+(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;'';
+(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
+``(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).
+``(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).
+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
+``(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).
+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 Consolidated Appropriations
-Act, 2026.''.
-
+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 Consolidated Appropriations Act, 2026.''.
SEC. 6503. 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;
+(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)''.
+(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 subsection (a)(1), is amended--
@@ -31130,51 +27748,45 @@
adding at the end the following:
``(h) Annual Report.--Not later than December 31 of each year,
beginning in fiscal year 2027, 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
+``(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.''.
-
+``(A) the estimated number of all donating individuals
+participating in the grant program under this section who did
+not receive reimbursement for all qualifying expenses during
+the preceding fiscal year; and
+``(B) the total amount of funding that is estimated to be
+necessary to fully reimburse all donating individuals
+participating in the grant program under this section for all
+qualifying expenses.''.
SEC. 6504. 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 2026 through 2028.''.
-
SEC. 6505. 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'';
+(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
+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 2026 through 2030''.
@@ -31182,30 +27794,25 @@
research should be undertaken to expand the understanding of the causes
of, and to find cures for, heritable blood disorders, including sickle
cell disease.
-
SEC. 6506. 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 2026 through 2030''.
-
SEC. 6507. 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 2026
-through 2030''.
+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 2026 through 2030''.
(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''.
+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
@@ -31217,72 +27824,62 @@
(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;
+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).
+
+(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.
-
+(C) Opportunities for earlier detection of premature birth
+risk factors, including--
+(i) opportunities to improve maternal and infant
+health; and
+(ii) opportunities for public health programs to
+provide support and resources for parents in-hospital, in
+non-hospital settings, and post-discharge.
+(3) Analysis.--The analysis required by this subsection is an
+analysis of--
+(A) targeted research strategies to develop effective
+drugs, treatments, or interventions to bring at-risk
+pregnancies to term;
+(B) State and other programs' best practices with respect
+to reducing premature birth rates; and
+(C) precision medicine and preventative care approaches
+starting early in the life course (including during pregnancy)
+with a focus on behavioral and biological influences on
+premature birth, child health, and the trajectory of such
+approaches into adulthood.
SEC. 6508. 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''.
@@ -31292,160 +27889,140 @@
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 ``2026 through 2030''.
+(2) in subsection (c), by striking ``2022 through 2024'' and
+inserting ``2026 through 2030''.
(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) by striking ``to eligible entities in'' and inserting
+``to eligible entities that--
``(A) are in'';
-(B) by striking the period and inserting ``; or'';
-and
+(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.'';
+``(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 ``2026 through 2030''.
+(4) in subsection (f), by striking ``2022 through 2024'' and
+inserting ``2026 through 2030''.
TITLE VI--FOOD AND DRUG ADMINISTRATION
-
Subtitle A--Mikaela Naylon Give Kids a Chance Act
SEC. 6601. RESEARCH INTO PEDIATRIC USES OF DRUGS; ADDITIONAL
-AUTHORITIES OF FOOD AND DRUG ADMINISTRATION REGARDING
-MOLECULARLY TARGETED CANCER DRUGS.
-
+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--
+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
+``(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
+``(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
+``(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.''.
+
+``(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).''.
+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).''.
+``(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)''.
+(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.
+(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
@@ -31453,71 +28030,63 @@
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).
+(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).
-
+(A) Study.--Not later than 8 years after the date of
+enactment of this Act, the Comptroller General of the United
+States shall conduct a study of the effectiveness of requiring
+assessments and investigations described in section 505B of the
+Federal Food, Drug, and Cosmetic Act (21 U.S.C.355c), as
+amended by subsection (a), in the development of drugs and
+biological products for pediatric cancer indications, including
+consideration of any benefits to, or burdens on, pediatric
+cancer drug development.
+(B) Findings.--Not later than 10 years after the date of
+enactment of this Act, the Comptroller General shall submit to
+the Committee on Energy and Commerce of the House of
+Representatives and the Committee on Health, Education, Labor,
+and Pensions of the Senate a report containing the findings of
+the study conducted under subparagraph (A).
SEC. 6602. 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
+(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.''.
+``(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.''.
+``(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''.
@@ -31526,28 +28095,24 @@
Drug, and Cosmetic Act (21 U.S.C. 333) only for failures described in
section 505B(d) of such Act (21 U.S.C. 355c(d)) that occur on or after
the date that is 180 days after the date of enactment of this Act.
-
SEC. 6603. 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;'';
+(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
+(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.''.
-
+``(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.''.
SEC. 6604. 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
@@ -31555,123 +28120,104 @@
(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.''.
+``(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
+(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).
-
+(iii) The size of the company to which a priority
+review voucher was awarded under section 529 of the Federal
+Food, Drug, and Cosmetic Act (21 U.S.C. 360ff) for such a
+drug or biological product.
+(iv) The value of such priority review voucher if
+transferred.
+(v) Identification of each drug for which a priority
+review voucher awarded under such section 529 was used.
+(vi) The size of the company using each priority review
+voucher awarded under such section 529.
+(vii) The length of the period of time between the date
+on which a priority review voucher was awarded under such
+section 529 and the date on which it was used.
+(viii) Whether, and to what extent, an unmet need
+related to the treatment or prevention of a rare pediatric
+disease was met through the approval under section 505 of
+the Federal Food, Drug, and Cosmetic Act (42 U.S.C. 355) or
+licensure under section 351 of the Public Health Service
+Act (42 U.S.C. 262) of a drug for which a priority review
+voucher was used.
+(ix) Whether, and to what extent, companies were
+motivated by the availability of priority review vouchers
+under section 529 of the Federal Food, Drug, and Cosmetic
+Act (21 U.S.C. 360ff) to attempt to develop a drug for a
+rare pediatric disease.
+(x) Whether, and to what extent, pediatric review
+vouchers awarded under such section were successful in
+stimulating development and expedited patient access to
+drug products for treatment or prevention of a rare
+pediatric disease that wouldn't otherwise take place
+without the incentive provided by such vouchers.
+(xi) The impact of such priority review vouchers on the
+workload, review process, and public health prioritization
+efforts of the Food and Drug Administration.
+(xii) Any other incentives in Federal law that exist
+for companies developing drugs or biological products
+described in clause (i).
+(2) Report on findings.--Not later than 5 years after the date
+of the enactment of this Act, the Comptroller General of the United
+States shall submit to the Committee on Energy and Commerce of the
+House of Representatives and the Committee on Health, Education,
+Labor, and Pensions of the Senate a report containing the findings
+of the study conducted under paragraph (1).
SEC. 6605. 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'';
+(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
+(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
@@ -31690,50 +28236,46 @@
SEC. 6611. ESTABLISHMENT OF ABRAHAM ACCORDS OFFICE WITHIN FOOD AND DRUG
ADMINISTRATION.
-
(a) In General.--Chapter X of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 391 et seq.) is amended by adding at the end the
following:
-
``SEC. 1015. ABRAHAM ACCORDS OFFICE.
-
``(a) In General.--The Secretary, acting through the Commissioner
of Food and Drugs, shall establish within the Food and Drug
Administration an office, to be known as the Abraham Accords Office, to
be headed by a director.
``(b) Office.--Not later than 2 years after the date of enactment
of this section, the Secretary shall--
-``(1) in consultation with the governments of Abraham
-Accords countries, as well as appropriate United States
-Government diplomatic and security personnel--
-``(A) select the location of the Abraham Accords
-Office in an Abraham Accords country; and
+``(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.
+``(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.
+``(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.
@@ -31742,41 +28284,36 @@
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));
+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
+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)).
+coordination between the Food and Drug Administration and
+entities in Abraham Accords countries.
+(2) Abraham accords country defined.--In this subsection, the
+term ``Abraham Accords country'' has the meaning given such term in
+section 1015(d) of the Federal Food, Drug, and Cosmetic Act (as
+added by subsection (a)).
TITLE VII--LOWERING PRESCRIPTION DRUG COSTS
SEC. 6701. 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:
-
+(1) in part D (42 U.S.C. 300gg-111 et seq.), by adding at the
+end the following new section:
``SEC. 2799A-11. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
-
``(a) In General.--For plan years beginning on or after the date
that is 30 months after the date of enactment of this section (referred
to in this subsection and subsection (b) as the `effective date'), a
@@ -31786,550 +28323,436 @@
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).
+``(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
+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
+``(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
-the 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
+``(IV) the proprietary name, established name or
+proper name, and the 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
+``(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;
-``(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;
+``(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
-``(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
+``(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.
+``(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.
+``(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 seq.), 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.
+``(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 seq.), 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,
+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
+``(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
+``(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
@@ -32338,52 +28761,49 @@
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.
+``(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.
+``(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.
+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
@@ -32393,94 +28813,86 @@
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.
+``(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.
+`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.
+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.
+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
+(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''.
+(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:
-
+Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is
+amended--
+(A) in subpart B of part 7 (29 U.S.C. 1185 et seq.), by
+adding at the end the following:
``SEC. 726. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
-
``(a) In General.--For plan years beginning on or after the date
that is 30 months after the date of enactment of this section (referred
to in this subsection and subsection (b) as the `effective date'), a
@@ -32490,549 +28902,435 @@
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).
+``(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
+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
+``(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
-the 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
+``(IV) the proprietary name, established name or
+proper name, and the 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
+``(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;
-``(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;
+``(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
-``(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
+``(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.
+``(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.
+``(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 seq.), 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.
+``(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 seq.), 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,
+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
+``(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
+``(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
@@ -33041,9 +29339,9 @@
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.
+``(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
@@ -33053,128 +29351,116 @@
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.
+``(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.
+`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.
+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.
+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(e))
-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
+(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(e)) 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(e)) 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:
-
+``(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(e)) 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:
-
+(1) In general.--Chapter 100 of the Internal Revenue Code of
+1986 is amended--
+(A) by adding at the end of subchapter B the following:
``SEC. 9826. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
-
``(a) In General.--For plan years beginning on or after the date
that is 30 months after the date of enactment of this section (referred
to in this subsection and subsection (b) as the `effective date'), a
@@ -33183,523 +29469,414 @@
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).
+``(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
+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
-the 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
+``(IV) the proprietary name, established name or
+proper name, and the 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
+``(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;
-``(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;
+``(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
-``(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
+``(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
+``(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.
+``(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 seq.), 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.
+``(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 seq.), 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
+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
+``(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
+``(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.
+``(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
@@ -33709,72 +29886,67 @@
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.
+``(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.
+`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.
+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.
+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:
+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
@@ -33782,137 +29954,125 @@
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:
-
+(4) Clerical amendment.--The table of sections for subchapter B
+of chapter 100 of the Internal Revenue Code of 1986 is amended by
+adding at the end the following new item:
``Sec. 9826. Oversight of entities that provide pharmacy benefit
management services.''.
-
SEC. 6702. 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;
+(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
+(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
+``(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 (or between a sponsor of 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, in the case of a health insurance issuer
-offering group health insurance coverage in connection
-with a group health plan, to the health insurance
-issuer offering group health insurance coverage on
-behalf of the plan; 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, in the case of a health insurance issuer
-offering group health insurance coverage in connection
-with a group health plan, to the health insurance
-issuer on behalf of the plan 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.
+``(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 (or
+between a sponsor of 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, in the case of a health insurance
+issuer offering group health insurance coverage in connection
+with a group health plan, to the health insurance issuer
+offering group health insurance coverage on behalf of the plan;
+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, in the case of a health insurance issuer
+offering group health insurance coverage in connection with a
+group health plan, to the health insurance issuer on behalf of
+the plan 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, in the case of a health
-insurance issuer offering group health
-insurance coverage in connection with a group
-health plan, to the group health insurance
-issuer on behalf of the plan, 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
+``(AA) on a quarterly basis, to the group health plan
+or, in the case of a health insurance issuer offering group
+health insurance coverage in connection with a group health
+plan, to the group health insurance issuer on behalf of the
+plan, 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 in excess of
-correct amounts after such amounts have been paid to
-the group health plan, in the amount of such excess;
+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 in excess of correct amounts after such amounts
+have been paid to the group health plan, in the amount of such
+excess;
``(II) the Secretary may issue regulations governing--
-``(aa) procedures for the remittance of rebates,
-fees, alternative discounts, and other remuneration
-under subclause (I)(aa);
+``(aa) procedures for the remittance of rebates, fees,
+alternative discounts, and other remuneration under subclause
+(I)(aa);
``(bb) any audit pursuant to this subparagraph; and
-``(cc) the timing, manner, and content of the
-disclosure of rebates, fees, alternative discounts, and
-other remuneration under subclause (I)(bb) as well as
-any other information the Secretary determines
-necessary for the responsible plan fiduciary to
-consider the reasonableness of the contract or
-arrangement (provided that such information does not
-include personally identifiable health information or
-protected health information subject to established
-individual privacy and nondiscrimination requirements
-under law); and
+``(cc) the timing, manner, and content of the disclosure of
+rebates, fees, alternative discounts, and other remuneration
+under subclause (I)(bb) as well as any other information the
+Secretary determines necessary for the responsible plan
+fiduciary to consider the reasonableness of the contract or
+arrangement (provided that such information does not include
+personally identifiable health information or protected health
+information subject to established individual privacy and
+nondiscrimination requirements under law); and
``(III) the records of such rebates, fees, alternative
-discounts, other remuneration, and disclosures, shall be
-available for audit by the plan (or the plan sponsor, issuer,
-or a third party designated by a plan sponsor on behalf of the
-plan), not less than once per plan year.
+discounts, other remuneration, and disclosures, shall be available
+for audit by the plan (or the plan sponsor, issuer, or a third
+party designated by a plan sponsor on behalf of the plan), 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
@@ -33935,36 +30095,35 @@
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;
+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;
``(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); or
+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); or
``(V) limit any requirement under subparagraph (A) or (B).
``(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.''.
+``(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),
@@ -33977,89 +30136,74 @@
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.--Section 408(b)(2)(B)(ii)(I)(bb) of the
-Employee Retirement Income Security Act of 1974 (29 U.S.C.
+(1) Services.--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--
-(A) in subitem (AA) by striking ``Brokerage
-services,'' and inserting ``Services (including
-brokerage services),''; and
+(A) in subitem (AA) by striking ``Brokerage services,'' and
+inserting ``Services (including brokerage services),''; and
(B) 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.''.
+(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.''.
(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.''.
+(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) Exemption.--Section 408(b)(2)(B) (29 U.S.C.
-1108(b)(2)(B)) of such Act is amended by adding at the
-end the following:
+1108(b)(2)(B)) of such Act is amended by adding at the end the
+following:
``(x) A service provider for pharmacy benefit management
-services that is considered to indirectly furnish goods,
-services, or facilities to a covered plan, as described in
-clause (i)(I), is entitled to relief with respect to a
-violation of this section provided the conditions for receiving
-such relief are satisfied.''.
-(C) 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)''.
-(D) 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''.
-(E) Regulatory authority.--Section
-408(b)(2)(B)(iii) of such Act (29 U.S.C.
-1108(b)(2)(B)(iii)) is amended, in the matter preceding
-subclause (I), by inserting ``(in accordance with
-regulations issued by the Secretary addressing time,
+services that is considered to indirectly furnish goods, services,
+or facilities to a covered plan, as described in clause (i)(I), is
+entitled to relief with respect to a violation of this section
+provided the conditions for receiving such relief are satisfied.''.
+(C) 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)''.
+(D) 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''.
+(E) Regulatory authority.--Section 408(b)(2)(B)(iii) of
+such Act (29 U.S.C. 1108(b)(2)(B)(iii)) is amended, in the
+matter preceding subclause (I), by inserting ``(in accordance
+with regulations issued by the Secretary addressing time,
manner, and content of such disclosures)'', after
``following''.
-
SEC. 6703. 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:
@@ -34109,50 +30253,27 @@
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--
+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.
+(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.
-Passed the House of Representatives January 22, 2026.
-
-Attest:
-
-KEVIN F. MCCUMBER,
-
-Clerk.
-Calendar No. 302
-
-119th CONGRESS
-
-2d Session
-
-H. R. 7148
-
-_______________________________________________________________________
-
-AN ACT
-
-Making further consolidated appropriations for the fiscal year ending
-September 30, 2026, and for other purposes.
-
-_______________________________________________________________________
-
-January 26, 2026
-
-Read the second time and placed on the calendar
+Speaker of the House of Representatives.
+
+Vice President of the United States and
+President of the Senate.

Lobbying activity

Organizations whose LDA filings reference this bill, ranked by filing count. Position not disclosed — LDA does not require lobbyists to report support / oppose / monitor. Bill-number references can be stale (lobbyists sometimes copy text year-over-year), so verify against the filing description.

NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS
BUD
3
filings · 2026 Q1
AMERICAN MEDICAL ASSOCIATION
BUDMMM
2
filings · 2026 Q1
OMNITRAX, INC.
BUDRRR
2
filings · 2026 Q4
PATRIOT RAIL COMPANY (FKA PIONEER LINES (FKA PIONEER RAILCORP))
BUDRRR
2
filings · 2026 Q4
PROFESSIONAL AVIATION SAFETY SPECIALISTS
BUD
2
filings · 2026 Q4
IOWA INTERSTATE RAILROAD, LTD
BUDRRR
2
filings · 2026 Q4
NETWORK
BUD
2
filings · 2026 Q1
ALTRIA CLIENT SERVICES LLC
BUD
1
filings · 2026 Q1
L3HARRIS TECHNOLOGIES INC
AERAVIBUDDEFFORTRA
1
filings · 2026 Q1
LOCKHEED MARTIN CORPORATION
BUDDEFHCR
1
filings · 2026 Q1

via Senate LDA · self-reported quarterly. Filing count = filings mentioning this bill (no position required), not money spent on it. Click a client to see all bills they've filed on.